Airport Security Force (Discipline) Rules, 1977
[29th October 1 977]
S. R. O. J 027 (1)/77 —In exercise of the powers conferred by section II of the Airport Security Force Act, 1975 (LXXVII of 1975), the Federal Government is pleased to make the following rules, namely:—
1. Short title and commencement. (1) These rules may be called the Airports Security Force (Discipline) Rules, 1977
2. They shall come into force at once.
2. Definitions.—1n these rules, unless there IS anything repugnant in the subject or context,—
(a) “accused” means an officer or member of the Force who is alleged to have violated any provision of, or to have committed willful breach or neglect of duty under the Act or any rule. Regulation or order made or given thereunder;
(b) “Act” means the Airport Security Force Act, 1975 (LXXVII of 1975);
(c) “competent authority” in relation to an officer or a member of the Force, means the authority empowered by the Federal Government to award punishment to such officer or member;
(d) “Forms “means a form appended to these rules;
(e) “investigating officer” means an officer appointed under sub-rule (I) of rule 6 to make investigations; and
4a. Subs. vide Notifi. No. F. 17( I )/84-Pub. Gaz. of
5. S. II clauses (c) and (d) omitted by Ordinance XXXV of 1984, dated 7th August, 1984.
(f) “summary Court” means a Court consisting of a Force Commander or a Deputy Director or any other officer not below the rank of Assistant Director empowered by the Federal Government to exercise the functions of a Court under these rules.
3. Punishments. (1) The following punishments may be imposed on the officers and members of the Force, namely:—
(a) stoppage of increment for a specified period;
(b) stoppage of promotion for a period not exceeding one year;
(c) in case of officers, reprimand of any description;
(d) extra guard or piquets duty;
(e) in case of members, restriction of movement to lines for a period not exceeding twenty- eight days with or without punishment of drill;
(f) reduction in rank or grade, or both;
(g) compulsory retirement;
(h) removal from service;
(i) dismissal from service;
(j) fine; and
(k) sentence of imprisonment for a term which may extend to six months.
(2) Removal from service does not, but dismissal from service does, disqualify for future employment.
(3) In this rule, removal or dismissal from service does not include discharge of a person,—
(a) appointed on probation, during the period of probation, or in accordance with the probation or training rules applicable to him;
(b) appointed otherwise than under a contract to hold a temporary appointment, on the expiration of the period of appointment; or
(c) engaged under a contract, in accordance with the terms of the contract.
4. Suspension. (I) An accused may be placed under suspension by the competent authority for a period not exceeding three months if his suspension is necessary or expedient:—
Provided that the said period of suspension may be extended with the approval of the Federal Government.
(2) An accused, placed under suspension,—
(i) shall deposit his personal weapons, ammunition and belt at such place, or with such person, as the competent authority may direct”;
(ii) shall attend all roll-calls;
(iii) shall perform such duties as may be assigned to him by his superior 0fficer ;
(iv) shall continue to be responsible to his next higher officer in respect of discipline as if he had not been suspended;
(v) shall be entitled to such subsistence allowance and order allowances as may be
admisssible, from time to time, to the other servants of the Federal Government; and
(vi) may be put under surveillance with or without escort, or his movements confined to the place of his duty.
(3) An accused, placed under suspension, shall not be,—
(i) issued any arms Or ammunition during the period of his suspension;
(ii) assigned such duties as involve the exercise of any power or authority by him: or
(iii) subjected to any undue hardship.
(4) An accused, placed under suspension, shall if the allegations against him are not proved sor is honourably acquitted by the summary Court, be paid all emoluments, less the amount of subsistence allowance drawn by him for the period of his suspension, to which he would have been entitled had he not been suspended.
5. Preliminary enquiry .—(1) As soon as a complaint against an officer or member of the Force is received warranting action under the Act, a preliminary enquiry shall be conducted, and all necessary evidence relevant to the complaint shall be collected by such officer senior in rank to the person complained against as is appointed by the competent authority for the purpose.
(2) If as a result of the preliminary enquiry, the competent authority is satisfied that a prima facie case is made out, it shall,—
(a) ‘if he is opinion that the conduct of the accused has been such as to warrant punishment, including imprisonment and fine, refer the matter to the Director-General through the Force Commander, for approval to the trial of the accused by the summary Court; and
(b) if he is of opinion that the conduct of the accused has not been such as to warrant such
punishment, cause proceedings to be held departmentally.
(3) Where the matter is referred to the Director-General under clause (a) of sub-rule (2), the Director-General may give his approval for trial by summary Court, or return the case to the competent authority for proceedings to be held departmentally, and the. case shall be dealt with accordingly.
(4) If no prima facie case is made out against the accused, the matter shall be closed.
6. Investigation of charge.—The following procedure for the investigation of cases shall be observed, namely,—
(a) If it is decided under sub-rules (2) and (3) of rule 5 to proceed against an accused, the allegations against him shall be investigated within forty-eight hours by the Investigating Officer appointed by the competent authority, and the Investigating Officer so appointed may be the officer who conducted the preliminary enquiry or an officer not junior or rank to him.
(b) The Investigating Officer may examine witnesses, and shall record abstracts of evidence.
(c) The accused shall be given opportunity to cross-examine the witnesses deposing against him and to make statement.
(d) The Investigating Officer shall make a report and submit it alongwith abstracts of evidence to the competent authority without delay.
7. Charge sheet to be given to accused.–On receipt of the report of the Investigating Officer, the competent authority shall prepare a charge sheet in Form; A; which shall be handed over to the accused, alongwith a copy of the abstracts of evidence, not less than forty-eight hours before he is. required to appear before the summary Court or the officer appointed by the competent authority to hold departmental proceedings, as the case may be.
8. Procedure for trial by summary Court.—(1) The following procedure shall be
followed for the trial by summary Court, namely’:—
(a) Before the trial begins, the officer empowered by the Federal Government to exercise the functions of summary Court shall take an oath in Form ‘B’ in the presence of the accused, and the accused shall be arraigned before him on the charged against him.
(b) The charge shall be read out and, if necessary, explained to the accused, and the accused shall be required to plead to the charge.
(c) If the accused pleads “guilty”, the summary Court shall record its finding accordingly, and shall after hearing the accused if he desires to make anystatement, ward punishment.
(d) If the accused pleads “not guilty” the summary Court shall take evidence for the prosecution, and the accused shall be entitled to cross-examine the witnesses deposing against him.
(e) At the close of the evidence for the prosecution, and the cross-examination of the witnesses, the accused shall be asked if he has anything to say in his defence, or to call any witness and, if he so desires, he may make a statement or may request for leave to make a statement after he has called his witnesses.
(j) The summary Court may if it thinks necessary in the interest of justice, call any witnesses for examination.
(g) After concluding the proceedings, the suit may Court shall record its finding, convicting or acquitting the accused.
(2) During the proceedings, two officers to be nominated by the competent authority shall be present and the summary Court may consult them, but such officers shall not take part in the proceedings.
9. Procedure for departmental proceedings.—In respect of the proceedings to be held by an officer appointed by the competent authority for this purpose, the provisions of clauses (b), (c), (e), (j) and (g) of sub-rule (1) of rule 8 shall mutatis mutandis apply.
10. Assistance to accused.—The accused may be assisted by any person of his own choice in the preparation of his defence, but such person shall not be allowed to examine or cross-examinee witnesses, address the Court or the officer holding departmental proceedings or otherwise to take part in the proceedings.
11. Confirmation of punishment. The findings of the summary Court or the officer holding the departmental proceedings as the case may be, shall be submitted to the Force Commander for confirmation and no punishment awarded by such Court or officer shall be executed unless it has been confirmed by the Force Commander.
12. Place of custody. An accused who has been awarded punishment of imprisonment by the summary Court shall, after confirmation under rule II be kept in the nearest civil prison.
13. Appeal. (I) A person aggrieved by an order made in pursuance of the finding of the summary Court or the officer holding departmental proceedings may within thirty days of the receipt of the order, prefer an appeal,—
(a) if the order is made by an officer below the rank of Force Commander; to the Force Commander;
(b) if the order is made by the Force Commander, to the Director-General; and
(c) if the order is made by the Director-General to the Federal Government.
(2) An appeal shall be addressed to the authority competent to hear the appeal under sub rule (I), and shall be submitted, through the competent authority, in the form of a complete memorandum bearing all material facts relied upon by the appellant, alongwith a copy of the impugned order, but shall not contain any disrespectful language.
(3) An appeal may be withheld by the competent authority if,—
(a) it does not comply with the provisions of sub-rule (2); or
(b) no new facts or circumstances are adduced which afford grounds for reconsideration of the case; or
(c) it’ s not preferred within thirty days of the receipt of the orders appealed against and no reasonable cause is shown for the delay.
(4) in case an appeal is withheld under sub-rule (3), the appellant shall be informed of the withholding together with the reason therefore.
(5) No appeal shall lie against an order passed by the competent authority for withholding the appeal.
14. Calling for record by appellate authority. The appellate authority may call for any information or document required for the disposal of an appeal may pass such order thereon as it considers fit. [No SEC-1 (42) (75)].