Compulsory Service in the Armed Forces Ordinance, 1971

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U
pdated 
till 19.04.2023
 
 
THE COMPULSO
R
Y
 
S
ER
VI
C
E IN THE 
A
R
M
E
D
 
F
O
R
C
E
S 
O
R
DIN
A
N
C
E
, 1971
 
 
CONTENTS
 
 
1.
 
Short title, extent, application and commencement
.
 
2.
 
Definitions
.
 
3.
 
Liability to be called up, etc
.
 
4.
 
Call up notice
.
 
5.
 
Obligation to comply with call up notice or directi
on
.
 
6.
 
Applicability of service law
.
 
7.
 
Grant of Commission
.
 
8.
 
Procedure for seeking exemption
.
 
9.
 
Reinstatement of persons released under the orders of the Board
.
 
9A
.
 
Concessions to medical practitioner released from service with the Armed Forces
.
 
10
.
 
Pe
nalty and procedure
.
 
11
.
 
Indemnity
.
 
12
.
 
Power to make rules
.
 
13
.
 
[
Repeal
]
.
 
 
 
 
Page 
2
 
of 
8
 
 
1
THE COMPULSORY SERVICE IN THE ARMED FORCES ORDINANCE, 
1971
 
 
ORDINANCE NO. XXXI of 1971
 
 
[
3rd December, 1971
]
 
 
An Ordinance to provide for compulsory service in the Armed Forces o
f essential persons 
and ex
-
servicemen.
 
 
W
HEREAS
 
it is expedient to provide for compulsory service in the Armed Forces of 
essential persons and ex
-
servicemen;
 
 
N
OW
, T
HEREFORE
, in pursuance of Proclamation of the 25th day of March, 1969, read 
with the Provis
ional Constitution Order, and in exercise of all powers enabling him in that behalf, 
the President is pleased to make and promulgate the following Ordinance:
—
 
 
1. Short title, extent, application and commencement.
—
(1) This Ordinance may be 
called the Compu
lsory Service in the Armed Forces Ordinance, 1971.
 
 
(2) It extends to the whole of Pakistan and applies to all essential persons and 
ex
-
 
servicemen wherever they may be; but does not apply to:
—
 
 
(a)    any person who is a member of, or employed by, any of 
the Armed Forces, or the 
Civilian Armed Forces, or, except for the provisions of sections 9 and 10, to the 
reserves of such Armed Forces or Civilian Armed Forces; 
2
[or]
 
 
(b)    the sole surviving son or daughter, where one or more sons or daughters of a fa
mily 
have been killed in action or have died while serving in the Armed Forces
3
[
.]
 
 
4
*       
 
*                     *                  
*          
 
*                
 
*                     *
 
 
(3) It shall come into force at once.
 
 
2. Definitions.
—
In this Ord
inance, unless there is anything repugnant in the subject or 
context
—
 
(a)       
“
Armed Forces
”
 
means the Pakistan Army
,
 
the
 
Pakistan Navy and the 
Pakistan 
Air Force, and the reserves thereof;
 
 
(b)       
“
Code
”
 
means the Code of Criminal Procedure, 1898 (Ac
t V of
 
1898);
 
 
 
 
 
1
Validated by the Validations of Laws Act, 1975 (
LXIII
 
of 1975), s. 2, and Sch.,
 
This Ordinance has been applied to the Provincially Administered Tribal Areas of Balochistan, see Regulation No. IV of 1987, 
Article 2 and
 
Sch.,
 
2
The word 
“
o
r
”
 
added by the Compulsory Service in the Armed Forces (Amdt.) Act, 1976 (
XXXVI
 
of 1976), s. 2.
 
3
Subs, 
ibid
.
, for 
“
; or
”
.
 
4
Cl
. (c) omitted 
ibid
.
,
Page 
3
 
of 
8
 
 
(c
)     
1
[
‘
essential persons
’
 
means essential personnel as defined in] the Essential 
Personnel (Registration) 
Ordinance, 1948 (X of 1948), and includes such 
other person as the 
2
[Federal Government] may, by notification in the official 
Gazette, declare to be an essential person for the purposes of this Ordinance;
 
 
(d)       
“
ex
-
servicemen
”
 
means a person, not bein
g an essential person, whose service 
with any of the Armed Forces has been terminated and who is not for the time 
being included in any of the reserves thereof;
 
 
3
[(dd) 
“
Inducting Authority
”
 
means the Authority nominated by the Service 
Headquarters for the
 
purpose of selecting essential persons below 
commissioned rank;]
 
 
(e)       
“
industrial undertaking
”
 
has the same meaning as assigned to it by clause (4) 
of section 2 of the Control of employment 
Ordinance, 1965 (XXXII of 1965)
 
and includes a commercial c
oncern;
 
 
4
[(ee) “Interview Board”
 
means the Board constituted by the Service Headquarters 
for the purpose of selecting essential person for a commissioned rank;]
 
 
(f)        
“
Manpower Board
”
 
and 
“
Manpower Tribunal
”
 
means respectiv
ely the Board 
and the Trib
unal 
constituted under the Control of Employment Ordinance
, 
1965 (XXXII of 1965)
;
 
 
(g)       
“
prescribed
”
 
means prescribed by r
ules made under this Ordinance;
 
 
(h) 
 
“
Service Headquarters
”
 
means the General Headquarters, the Naval
 
Headquarters or the Air He
adquarters, as the case may be.
 
 
3. Liability to be called up, etc.
—
(1) Every person to whom this Ordinance applies shall 
be liable to be called up for service under this Ordinance if he is not over the age of sixty years.
 
 
(2) Persons so called up shall b
e liable to serve with any of the Armed Forces for so long as 
their services are required 
5
[:]
 
 
6
[Provided that, in the case of a medical practitioner, such liability shall cease after he has 
served with the Armed Forces for a period of two years.
 
 
Explana
tion
.
—
In this sub
-
section, 
‘
medical practitioner
’
 
means a person who possesses 
qualifications which are recognised medical qualifications, or, as the case may be, recognised 
dental qualifications, for the purposes of the Medical and Dental Council Ordinanc
e, 1962 (XXXII 
of 1962).]
 
 
 
 
 
1
Subs. by the Compulsory Service in the Armed Forces (Amdt.) Act, 1976 (
XXXVI
 
of 1976), s. 2 for “essential person
”
 
means a person registered 
under section 3 of
 
”
.
 
2
 
Subs by F.A.O. 1975 (P.O.
 
IV
 
of 1975). Art. 2 and table for 
“Central Government”
.
 
3
Cl
. (dd) ins. by
 
the 
Compulsory Service in the
 
Armed Forces (Amdt.) Act, 1976
 
Act 
XXXVI
 
of 1976, s. 3.
 
4
C1. (ee) ins. 
ibid
.,
 
5
Subs.
 
by the Compulsory Service in the Armed Forces (Amdt.) Act, 1976 (
XXXVI
 
of 1976), s. 4, for full
-
stop.
 
6
The proviso and Explanation added, 
ibid
.
Page 
4
 
of 
8
 
 
4. Call up notice.
—
1
[(1) The Manpower Board
,
 
or such authority as may be empowered by 
it, shall on requisition from any of the service Headquarters, issue to such essential persons as are 
to be called up notice in
 
writing requiring them
,
 
or direct such persons,  to  report  in  person  to  
the  Interview  Board  or,  as  the  Case  may be,  Inducting Authority at such time and place as may 
be specified in the notice or direction.]
 
 
 
(2) The Service Headquarters con
cerned, or such authority as may be empowered by them, 
may likewise issue call up notices 
2
[or directions] to 
ex
-
servicemen.
 
 
 
(3) The issue of a notice 
2
[
or direction
]
 
under this section shall not mean that the person 
called up has been accepted for servi
ce.
 
 
3
[(4) Where such person is known to be serving in a department or office of Government or 
in an industrial undertaking, a copy of a notice, if any, under sub
-
section (1), shall at the same time 
be forwarded to the head of such department or office or,
 
as the case may be, to the owner or 
manager of such undertaking requiring him to release such person so as to enable him to comply 
with such notice.]
 
 
4
[(5) The owner or manager of an industrial undertaking
 
referred to in sub
-
section (4) shall 
not
—
 
 
(a)  
     
obstruct from joining service under this Ordinance in pursuance of a direction 
under sub
-
section (1) or subsection (2) an essential person or ex
-
servicemen 
who serves upon him a notice of his intention to leave his employment or 
requests him in person
 
to be released from such employment, or
 
 
 
(b)       take any action against an essential person or ex
-
servicemen who, without of 
formal release from such employment, leaves such employment for joining 
service under this 
Act
 
in pursuance of such direction.
 
 
 
Explanation
.
—
In this section and sections 5, 6, 8 and 10, 
“
direct
”
, with all its grammatical 
variations, means to direct on the radio, through the press or by any other means.]
 
 
5
[
5. Obligation to comply with call up notice or direction.
—
A person to who
m a notice 
or direction under section 4 has been issued shall report to the authority at the time, date and place 
specified in the notice or, 
as the case may be, direction.]
 
 
6. 
Applicability
 
of service law.
—
6
[(1) A person
—
 
 
(a)   
 
 
accepted for service un
der this 
Act
 
shall be deemed to have been 
commissioned, appointed or enrolled, as the case may be, and shall, as from 
the date  he  is  so  accepted,  become  subject  to  the  law  of  the  Armed  
Forces concerned, or
 
 
 
1
Subs. by 
the Compulsory Service in
 
the Armed Forces (Amdt.) Act, 1976 (
XXXVI
 
of 1976)
, s.5.
,
 
for the original sub
-
section (1
).
 
2
Ins 
ibid
.
 
3
Subs. 
ibid
.
 
for the original sub
-
section (4).
 
4
New sub
-
section (5) and Explanation added 
ibid.,
 
5
Subs.,
 
ibid
.
,
 
by s.6. 
for the original section 5.
 
6
Sub
s.,
 
ibid
.
, 
s.7.
Page 
5
 
of 
8
 
 
(b)   
 
 
provisionally accepted by the Interview Board for a commissioned rank and 
directed by that Board to wait for receipt of his commissioning orders at his 
place of present employment or residence shall be granted commission from 
the da
te he is finally accepted and shall, as from that date, become subject
 
to 
the law of the Armed Forces concerned, and shall remain so subject until duly 
retired, released, discharged, removed or dismissed from service.]
 
 
(2) Such person shall, during his se
rvice in the Armed Forces, be governed as regards 
attestation, pay and allowances, leave and other terms of service by the rules as applicable to 
serving personnel of equivalent rank, and shall, on the termination of his service, be paid such 
pension or gr
atuity as may be prescribed.
 
 
7. Grant of Commission. 
A person called up for service under this Ordinance may be 
granted commission in the Armed Force
s subject to such conditions as
 
may be prescribed.
 
 
1
[8. 
Procedure  for  seeking  exemption.
—
(1)  If  a  p
erson  to  whom  a  notice  or 
direction under subsection (1) of section 4 has been issued seeks exemption from service under this 
Act
, he shall first report to the Interview Board or, as the case may be, Inducting Authority, at the 
time, date and place sp
ecified in the call up notice or direction and then submit a written 
representation to the Chairman, Interv
iew Board, or, as the case may 
be, Inducting Authority, 
whose decision shall be final.
 
 
(2)  An  
ex
-
serviceman  desirous  of  seeking  exemption  fro
m  service  under  this 
Act
 
may 
make a representation to the Service Headquarters concerned, whose decision shall be final.]
 
 
9.  
Reinstatement of persons released under the orders of the Board
.
—
2
[(1) Subject to 
the other provisions of this section, every 
employer
—
 
 
(a)    
 
by  whom  a  person  was  released  in  pursuance  of  a  notice  served  on  
such employer under sub
-
section (4) of section 4 for joining service under this 
Act
, or
 
 
(b)     
whose employment was left by a person in pursuance of a direct
ion under the 
said section for joining such service
, whether upon a formal release
 
from such 
employment or otherwise, shall, on the termination of such service, reinstate 
such person in the employment or the assignment from which he was released 
or which h
e left and, if such reinstatement is less favourable to such person 
than that to which he would, in the ordinary course, have been entitled, give 
him such employ
ment or assignment as is not le
s
s
 
favo
u
rable
:
 
 
Provided  that  the  employer  shall  not  be  r
equired  to  so  reinstate  
or employ any person if such person does not apply or report to him for the 
purpose within three months of his release from service under this 
Act
.]
 
 
 
 
 
1
Subs.
 
by the 
Compulsory
 
Service in the Armed Forces (Amdt.) Act, 1976 (
XXX
VI
 
of 1976), s.
 
8
, for the original section 8.
 
2
Subs. 
ibid
., s. 9, for sub
-
section (1).
 
Page 
6
 
of 
8
 
 
(2) Where, for any reason, reinstatement or employment under sub
-
section (1) is not 
practicable, the employer shall, within seven days from the date on whi
ch the perso
n to be 
reinstated o
r
 
employed applies or reports himself for reinstatement or employment, make an 
application to the Manpower Tribunal concerned 
1
[or an authority empowered by the Federal 
Government] for exemption from the provisions of sub
-
section (
1
) an
d send
 
a copy thereof to such 
person. 
 
 
(3) Upon an application from the employer u
nder sub
-
section (2), the Manpower Tribunal 
1
[or, as the case may be, the authority empowered under the said sub
-
section] shall, after such 
enquiry and hearing as it cons
ide
rs necessary, make an order
—
 
 
 
(a)    
 
exempting the employer from the provisions of sub
-
section (1), in which case 
the employer shall be required to pay to such person within three months of 
the order a compensation of a sum not less than 
six months’ nor 
more than 
twelve months’
 
remuneration calculated at the rate he was entitled to when he 
was released by the employer and such sum, in the case of failure to make 
payment, shall be recoverable as arrear of land revenue; or
 
 
(b)    
 
requiring the employer to
 
reinstate or give employment to such person in 
terms of sub
-
section (1), or on such terms and conditions as it may specify in 
the order.
 
 
(4) If any employer
—
 
 
(a)   
 
without seeking exemption under sub
-
section (2) fails to comply with the 
provisions of s
ub
-
section (1), or
 
 
(b)    
 
having applied for exemption under sub
-
section (2) fails to comply with an 
order under clause (b) of sub
-
section (3),
 
 
he shall, without prejudice to any penalty to which he may be liable under section 10, be also 
liable, if the
 
court convicting him so directs, to pay as compensation a s
um not exceeding twelve  
months’
  
remuneration  of  the  person  concerned  in  addition 
 
to  the  compensation provided 
under clause (a) of sub
-
section (3).
 
 
(5) Any sum which the employer is req
uired to pay under any order of the Tribunal
 
2
[or 
authority] under sub
-
section (3) or an order of the court under sub
-
section (4) shall be recoverable as 
if it were a fine imposed by a court.
 
 
3
[9A. Concessions to medical practitioner released from service
 
with the Armed 
Forces.
—
Notwithstanding anything contained in any other law for the time being in force, a 
medical practitioner 
4
[or other essential person] who, following his release from service with the 
Armed Forces after having rendered satisfactory se
rvice under this Ordinance for a period of not 
less than two years, enters employment of the Federal Government or a Provincial Government 
5
[
,
or an organization controlled by the Federal Government 
or a Provincial Government 
or any 
statutory or local body]
 
shall be entitled t
o count towards his seniority i
n such employment the 
period of service rendered by him under this Ordinance and to his pay in such employment being 
fixed after giving him credit for the service so rendered.
 
 
1
Ins. by the Compulsory Serv
ice in the Armed Forces (Amdt.) Act. 1976 (
XXXVI of 1976),
 
s. 9.
 
2
Ins.
 
ibid
.
 
3
Ins. and shall be deemed to have taken effect on the 3rd day of December, 1971, by the Compulsory Service in the Armed Forces
 
(Amdt.) Ord.
 
1978
-
 
(IV
 
of 1978). s. 2.
 
4
Ins. by
 
the
 
Compulsory Service
 
in the Armed Fo
rces (Amdt.) Ordinance, 1984 (XLV
 
of 1984), s.2.
 
5
Ins. by 
the 
Compulsory Service
 
in the Armed Forces (Amdt.) Ordinance,
 
No. LXIII of 2000, s.2. (w.e.f 4
th
 
Oct 1984).
 
Page 
7
 
of 
8
 
 
 
Explanation
.
—
In this section, 
“
medical practitioner
”
 
ha
s
 
the same meaning as in section
 
3.]
 
10. Penalty and procedure.
—
(1) Any person who commits any of the following offences, 
that is to say,
—
 
 
(a)     
 
fails to deliver, or obstructs or causes delay in the delivery of, or refuses to 
receive, a notice issued u
nder this Ordinance;
 
 
1
[(b)    
 
fails to report 
in 
response to a call up notice or direction issued under 
section 4;
 
 
(bb)   
 
does not release an essential person or 
ex
-
serviceman in accordance with a 
notice under sub
-
section (4) of section 4;
 
 
(bbb)  
 
obs
tructs from joining service under this 
Act
 
in pursuance of a direction an 
essential person or 
ex
-
serviceman who serves upon him a notice of his 
intention to leave his employment or requests him in person to be released 
from such employment;
 
 
(bbbb) 
 
takes 
any action against an essential person or ex
-
serviceman who, without a 
formal release from such employment, leaves such employment for joining 
service under this 
Act
 
in pursuance of a direction;
 
 
(bbbbb) fails to report for service on receipt of commission
ing orders after having 
been provisionally accepted by the Interview Board but directed by it to wait 
for receipt of his commissioning orders at his place of pr
esent employment 
or residence;]
 
 
(c)       
 
persuades a person called up for service under this 
Ordinance to evade such 
service or abets in any manner the contravention of any of the provisions of 
this Ordinance or of any order, notice or direction issued thereunder;
 
 
(d)       
 
makes a false statement with a view to avoiding service under this 
Ordin
ance or abets the avoidance of such service by any person;
 
 
(e)       
 
with intent to render himself or any other person unfit for service under this
 
Ordinance, voluntarily causes hurt or disease to himself or that person;
 
 
(f)        
 
without seeking exem
ption under sub
-
section (2) of section 9, fails to 
comply with the provision of sub
-
section (1) of that section ; or
 
 
(g)       
 
having sought exemption under sub
-
section (2) of section 9, fails to comply 
with an order under clause (b) of sub
-
section (3) o
f that section,
 
 
shall, on conviction by a court, be punishable with rigorous imprisonment for a term which may 
extend to seven years, or with fine which may
 
extend
 
to ten thousand rupees, or with both.
 
 
1
Subs.
 
by the Compulsory Service in the Armed Forces
 
(Amdt.) Act, 1976 (
XXXVI of 1976), s.10, for clause (b).
 
Page 
8
 
of 
8
 
 
(2) No court inferior to that of a Magistrate of the first class invested with power under 
section 30 of the Code of Criminal Procedure, 1898 (Act V of 1898) shall try an offence under this 
Ordinan
ce.
 
 
11. 
Indemnity.
—
 
Except   as   provided   in   this   Ordinance,   no   order   made, direction 
issued or proceedings taken under this Ordinance shall be called in question in any court, and no 
suit, prosecution or other legal proceedings shall lie aga
inst any person for anything in good faith 
done or intended to be done under this Ordinance.
 
 
12. Power to make rules.
—
(1)
The 
1
[F
ederal Government] may, by notification in the 
official Gazette, make rules
2
 
for carrying out the purposes of this Ordinance.
 
 
(2) In particular, and without prejudice to the generality of the foregoing power, such rules 
may provide for
—
 
 
(a)    
 
the form, procedure and mode of issue of call up notice;
 
 
(b)    
 
the travelling and other allowances payable to persons called up for s
ervice 
under this Ordinance up to the date of their acceptance for such service;
 
 
(c)    
 
the standards and conduct of tests and medical examination of person called 
up for service under this Ordinance to determine their suitability for such 
service and th
e grant of rank upon their being accepted therefor;
 
 
(d)    
 
the gratuity or compensation to be paid on the termination of their service to 
persons accepted for service under this Ordinance or to
 
the dependents of such 
persons
; and
 
 
(e)    
 
any other matte
r which under this Ordinance is to be or may be prescribed.
 
 
13. [Repeal] 
Omitted by the Federal Laws (Revision and Declaration) Ordinance,
 
1981 
(XXVII of 1981), s. 3 and
 
Sch., II.
 
 
 
 
 
 
 
 
1
Subs by F.A.O. 1975 (P.O.
 
IV
 
of 1975). Art. 2 and table for “Centra
l Government”
.
 
2
For the 
Compulsory Service (Armed Forces) Rules, 1971, 
see
 
Note for No.  2101/D
-
15/71, dated 3
-
12
-
71, Gaz. of P.,
  
1971, 
Ext., (Islamabad)
, pp.
 
1750
—
1754.