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.