Frontier Corps Ordinance, 1959
ORDINANCE No. XXVI OF 1959
An Ordinance to consolidate and amend the law relating to the regulation of the Frontier Corps Units
WHEREAS it is expedient to consolidate and amend the law relating to the Regulation of the Frontier Corps Units 1* * * ;
NOW, THEREFORE, in pursuance of the Proclamation of the seventh day of October, 1958, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance, namely:—
1. Short title commencement and application.___(1) This Ordinance may be called the Frontier Corps Ordinance, 1959.
(2) It shall come into force at once.
(3) It shall apply to the members of the Frontier Corps wherever they may be.
2. Definitions. In this Ordinance, unless there is anything repugnant in the subject or context,—
(a) “active service” means service against an external aggressor or enemy, or against hostile tribes, raiders or other hostile persons, or persons co-operating with or assisting such aggressor, enemy, tribes, raiders or hostile persons;
(b) “Commandant” means a person appointed under section 5 to be a Commandant of a Unit of the Frontier Corps;
(c) “custody” means the arrest or confinement of a person according to the usages of the service;
1The words “operating in
1[(cc) “Deputy Inspector General” means 2[a] the Deputy Inspector General, Frontier Corps, appointed under section 5;]
(d) “Frontier Corps” means the Corps or Unit referred to in section 3 or any of the individual forces comprising it, as the context may require;
(e) “Inspector General” means 2[an] the Inspector General, Frontier Corps, appointed under section 5 3* * *;
(f) “Junior Commissioned Officer” means a person commissioned, gazetted or in pay, as a Junior Commissioned Officer in the Frontier Corps;
(g) “member of the Frontier Corps” means a person other than a person appointed under section 5 by the 4[Federal Government], who at the commencement of this Ordinance, is serving in the Frontier Corps or who after the commencement of this Ordinance has been appointed to the Frontier Corps under this Ordinance and has signed a recruiting roll set out in the Second Schedule and the affirmation in the form set out in the Third Schedule, if not already signed by him:
Provided that every person who has from the date of enrolment been in the receipt of pay as a member of the Frontier Corps and has been borne on its roll shall be deemed to be a member of the Frontier Corps notwithstanding that he has not signed the said recruiting roll and affirmation;
(h) “officer” means a person, other than a Junior Commissioned Officer, who
1 Cl. (cc) ins. by the Frontier Corps (Amdt.) Act, 1965 (1 of 1965), s. 3.
2 Subs. and shall be deemed always to have been so subs. by the Frontier Corps. (Amdt.) Act, 1974 (2 of 1975), s. 3.
3 The words “and includes the Deputy Inspector General Frontier Corps appointed under that section” omitted, by Act 1 of 1965 s. 3.
4 Subs. by Act, 2 of 1975, s. 2 for “Central Government”.
is commissioned, gazetted or in pay, as an officer of the Pakistan Army or of the Frontier Corps;
1[(i) “Political Officer” means the Political Agent, Additional Political Agent, Deputy Commissioner, Assistant Political Agent or Magistrate under whose jurisdiction any Unit of the Frontier Corps may be stationed;]
(j) “prescribed” means prescribed by rules made under this Ordinance; and
(k) the expressions “assault”, “criminal force”, “fraudulently”, “murder”, “reason to believe” and “voluntarily causing hurt” have the meaning respectively assigned to them in the Pakistan Penal Code(XLV of 1860).
3. Powers to maintain Frontier Crops. There shall continue to be maintained by the 2[Federal Government] the Frontier Corps forces or units as listed in the First Schedule, primarily for the better protection and administration of the external frontiers of Pakistan within the limits of or adjoining the 3[Tribal Areas] of 4[Pakistan]:
Provided that the 2[Federal Government] may, by notification in the official Gazette, make any addition to or omission from the list in that Schedule as and when a new force or unit is raised or an existing one disbanded.
4. Constitution of Frontier Crops. The Frontier Corps shall be constituted in such manner, and the members of the Frontier Corps shall receive such pay, pension and other remuneration, and shall enjoy such leave and other privileges as may be prescribed by the 2[Federal Government] from time to time.
1 Cl. (i) subs. by the Frontier Corps (Amdt.) Ordinance, 1965 (35 of 1965), s. 2, for the original clause (i) (with effect from the 15th May, 1965), have further been subs. by the Frontier Corps (Amdt.) Ordinance, 1981 (9 of 1981), s. 2, to read as above.
2 Subs. by the Frontier Corps (Amdt.) Act, 1974, (2 of 1975), s. 2, for “Central Government”.
3 Subs. by A.O., 1964, Art. 2 and Sch., for “Special Areas”.
4 Subs. by F.A.O., 1975, Art. 2 and Sch., for “
5. Appointment and powers of superior officers.___(1) The 1[Federal Government] may appoint 2[as many Inspector General, Frontier Corps, and Deputy Inspector General, Frontier Corps, as it considers necessary] and the Commandants or other officers of any unit of the Frontier Corps.
3[(1A) Where the Federal Government appoints more than one Inspector General or Deputy Inspector General, it shall, by notification in the official Gazette, specify the area within which each one of them shall exercise jurisdiction under this Ordinance.]
(2) Every Commandant and other officer so appointed shall possess, and may exercise, such powers and authority over the subordinate officers and members of the Frontier Corps for the time being under their command as is provided by or under this Ordinance.
6. Appointment of subordinate officers and men.___(1) The appointment of all subordinate officers and other members of the Frontier Corps shall be made by the Inspector General or the Commandants in such manner and subject to such conditions as may be prescribed.
(2) Before a person is appointed under sub-section (1) the statement contained in the recruiting roll and affirmation set out respectively in the Second and Third Schedules shall at any convenient place be read out and, if necessary, explained to him in the presence of a Commandant, or other officer appointed under section 5, and shall thereafter be singed by such person in acknowledgement of its having been so read out to him.
(3) When the affirmation set out in the Third Schedule is read out it shall be repeated by the parson making affirmation before he signs it.
7. Superintendence, command control and administration of Frontier Crops.___(1) The superintendence of and command and control over the Frontier Corps
1 Subs. by the Frontier Corps (Amdt.) 1974 (2 of 1975), s. 2, for “Central Government”.
2 Subs. and shall be deemed always to have been so subs., ibid., s. 4.
3 Ins. ibid.,
shall vest in the 1[Federal Government], and the Frontier Corps shall be administered, commanded and controlled by the Inspector General and the Commandants in accordance with the provisions of this Ordinance and any rules made thereunder and such orders and instructions as may be made or issued by the 1[Federal Government] from time to time.
2[(2) Every Frontier Corps and the Commandant of every Unit of a Frontier Corps shall, in time of peace, be subject, save in respect of administration, internal economy and training, to the directions of the Political Agent or the Deputy Commissioner of the Area within which the headquarters of the Frontier Corps are located.]
8. More heinous offences.___(1) Every member of the Frontier Corps who___
(a) begins, excites, causes or conspires to cause or joins in any mutiny, or being present at any mutiny does not use his utmost endeavours to suppress it, or knowing, or having reason to believe in, the existence of any mutiny or of any intention or conspiracy to mutiny, or of any conspiracy against the authority of the Government does not, without delay, give information thereof to his superior officer ; or
(b) uses, or attempts to use, criminal force to, or commits an assault on, his superior officer whether on or off duty and whether or not knowing or having reason to believe him to be such ; or
(c) shamefully abandons or delivers up any garrison, fortress, post or guard which is committed to his charge, or which it is his duty to defend ; or
(d) directly or indirectly holds correspondence with, or assists or relieves,
1 Subs. by the Frontier Corps (Amdt.) Act, 1974 (2 of 1975), s. 2, for “Central Government”.
2 Subs. by the Frontier Corps (Amdt.) Act, 1965 (1 of 1965), s. 4, for the original sub-section (2).
any person in arms against the authority of the Government, or omits to disclose immediately to his superior officer any such correspondence coming to his knowledge ; or
1[(dd) deserts the Frontier Corps ; or]
(e) while on active service___
(i) disobeys the lawful command of his superior officer; or
2* * * * * * *
(iii) being a sentry, sleeps upon his post, or quits it without being regularly relieved or without leave ; or
(iv) leaves his superior officer or his post or party to go in search of plunder ; or
(v) quits his guard, picquet party or patrol without being regularly relieved or without leave ; or
(vi) uses criminal force to, or commits an assault on, any person bringing provisions or other necessaries to camp or quarters, or forces a safeguard, or breaks into any house or other place for plunder, or plunders, destroys or damages any property of any kind ; or
(vii) intentionally causes or spreads a false alarm in action or in camp, garrison or quarters ; or
(viii) displays cowardice in the execution of his duty; shall be punishable, in the case of clause (a), with death or imprisonment for a term which may extend to fourteen years, and in other
1 Cl. (dd) ins. by the Frontier Corps (Amdt.) Act 1965 (I of 1965), s. 5.
2 Sub-Clause (ii) omitted, ibid.
cases, with 1[imprisonment] for life or for a period of not less than seven years, or with imprisonment for a term which may extend to fourteen years, or with fine which may extend to three months’ pay and allowances excluding warm clothing and half mounting allowances, or with fine to that extent in addition to such sentence of 2* * * imprisonment:
Provided that if any member of the Frontier Corps while on active service with a force beyond the limits of Pakistan commits any offence described in clause (c), clause (d) or 3[clause (dd)], he may be punished with death.
(2) If any member of the Frontier Corps is charged with committing any offence described in clause (a) of sub-section (1), or an offence punishable under the proviso to that sub-section, or the offence of murder, he may, notwithstanding anything contained in this Ordinance or in any other law for the time being in force, be summarily tried for such offence by the Political Officer 4* * * sitting with two other officers appointed by the Political Officer in consultation with the Commandant for such purpose.
(3) Every officer appointed under sub-section (2) shall be either___
(a) a person appointed under section 5, or
(b) a person holding a commission in the Pakistan Army; or
(c) a civil officer of the Provincial or 5[Federal Government] holding Gazetted Class I post:
1 Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch. II.
2 Omitted, ibid.
3 Subs. by the Frontier Corps (Amdt.) Act, 1965 (1 of 1965), s. 5, for “sub-clause (ii) of clause (e)”.
4 Omitted by the Frontier Corps (Amdt.) Ordinance, 1981 (9 of 1981), s. 3.
5 Subs. by the Frontier Corps (Amdt.) Act, 1974 (2 of 1975), s. 2 for “Central Government”.
Provided that, if circumstances permit, not less than one such officer shall be a person appointed under section 5.
(4) Notwithstanding anything contained in any other law for the time being in force, if in a trial under sub-section (2) one or both of the officers sitting with the Political Officer concur with him in finding the accused person guilty of an offence referred to in that sub-section, and if the Political Officer considers the case one in which a sentence of death should be passed, he may, in passing such sentence, direct that the accused person shall be forthwith shot to death, and such sentence shall be carried out in accordance with such direction.
9. Less heinous offences. Every member of the Frontier Corps who___
(a) is in a state of intoxication when on, or after having been warned for, any duty, or on parade or on the line of march; or
(b) strikes or attempts to force any sentry; or
(c) being in command of a guard, picquet or patrol, refuses to receive any prisoner or person duly committed to his charge, or releases without proper authority any prisoner or person placed under his charge, or negligently suffers any such prisoner or person to escape; or
(d) being under arrest or in confinement, leaves his arrest or confinement before he is set at liberty by proper authority; or
(e) is grossly insubordinate or insolent to his superior officer in the execution of his office; or
(f) refuses to superintend or assist in the making of any fieldwork or other work of any description ordered to be made either in quarters or in the field; or
(g) strikes or otherwise ill-uses any member of the Frontier Corps subordinate to him in rank or position; or
(h) being in command at any post or on the march, and receiving a report that any one under his command has beaten or otherwise maltreated or oppressed any person or has committed any riot or trespass, fails, on proof of the truth of the report, to report the matter to the proper authority; or
(i) designedly or through neglect injures or loses or fraudulently disposes, of, his arms, clothes, tools, equipments, ammunition, accoutrement 1[, animals] or Frontier Corps necessaries, or any such articles entrusted to him or belonging to any other person, or any animals belonging to the Frontier Corps; or
(j) malingers, or feigns or produces disease or infirmity in himself, or intentionally delays his cure or aggravates his disease or infirmity; or
(k) with intent to render himself or any other person unfit for service, voluntarily causes hurt to himself or any other person; or
(l) does not, when called upon by his superior officer so to do or, upon ceasing to be a member of the Frontier Corps forthwith deliver up, or duly account for, all or any arms, ammunition, stores, accoutrements or other property issued or supplied to him, or in his custody or possession, as a member of the Frontier Corps; or
(m) knowingly furnishes a false return or report of the number or state of any men under his command or charge or of any money, arms, ammunition, clothing equipments, stores or other property in his charge, whether belonging to such men or to the Government or to any member of, or any person attached to, the Frontier Corps, or through design