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  "title": "PUNJAB BORDER MILITARY POLICE ACT, 1904",
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  "text": "``  \r\n \r\n \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Power to maintain Border Military Police Force \r\n4. Constitution of the Force \r\n5. Appointment and powers of superior officers \r\n6. Appointment of subordinate officers and personnel \r\n7. Superintendence, control and administration \r\n8. More heinous offences \r\n9. Less heinous offences \r\n 10. Minor punishments \r\n 11. Place of imprisonment \r\n 12. Resignation and withdrawal from Force \r\n 13. General duties of Military Police-officers \r\n 14. Conferment of powers and imposition of duties \r\n 15. Protection for acts of Military Police-officers \r\n 16. Jurisdiction of Courts \r\n 17. Appeal etc \r\n 18. Application of the Act on Baluch Levy \r\n 19. Rules \r\nTHE SCHEDULE \r\nConditions of Service \r\n(IV of 1904) \r\nTHE PUNJAB BORDER MILITARY POLICE ACT, 1904 \r\n \r\nTEXT \r\n1\r\nTHE PUNJAB BORDER MILITARY POLICE ACT, 1904 \r\n(IV of 1904) \r\n[5 March 1904] \r\nAn \r\nAct \r\nto provide for the Regulation of the Border Military Police Force in the \r\n2\r\n[notified tribal areas of \r\nthe Dera Ghazi Khan and Rajanpur districts of the Punjab]. \r\n3\r\n[Whereas it is expedient to provide for the regulation of Border Military Police Force \r\nin the notified tribal areas of Dera Ghazi Khan and Rajanpur districts of the Punjab;] \r\n  It is hereby enacted as follows:– \r\n  \r\n4\r\n[1.  Short title, extent and commencement .– (1) This Act may be called the Punjab \r\nBorder Military Police Act, 1904. \r\n(2)  It extends to such notified tribal areas of Dera Ghazi Khan and Rajanpur \r\ndistricts as may be notified by the Government. \r\n(3)  It shall come into force at once.] \r\n2.  Definitions.– In this Act, unless there is anything repugnant in the subject or \r\ncontext,– \r\n(a) “Military Police-officer” means a person who, at the commencement of this \r\nAct, is serving in th e Border Military Police Force, or who, after the \r\ncommencement of this Act, has been appointed to the Border Military Police \r\nForce under this Act and has signed a recruiting roll on which the conditions \r\nof service contained in the schedule are set forth: \r\n5\r\n[(b) “Commandant” means a person appointed under section 5:] \r\n(c) “active service” means service against   hostile tribes or  raiders or against \r\nother persons in the field: \r\n6\r\n[*] \r\n7\r\n[(d) the expressions, “assault”, “criminal force”, “fraudulently”, “reason to  believe” \r\nand “voluntarily causing hurt” used herein shall have the same meanings as \r\nassigned to them in the Pakistan Penal Code 1860 (XLV of 1860):] \r\n8\r\n[(e) “Government” means the Government of the Punjab: and \r\n                                                \r\n1This Act was published in the G azette of India, dated: 5 March 1904, pp. 13 -17. It was adopted by the Punjab by the Punjab \r\nBorder Military Police (Amendment) Act, 2007 (V of 2007) , published in the Punjab Gazette (Extraordinary), dated: 30 June \r\n2007, pp. 5667-5671. \r\n2Substituted for the words “North West -Frontier Province” by the Punjab Border Military Police (Amendment) Act, 2007 (V of \r\n2007), published in the Punjab Gazette (Extraordinary), dated: 30 June 2007, pp. 5667-5671, s. 2. \r\n3Substituted ibid., s. 3. \r\n4Ibid., s. 4. \r\n5Ibid., s. 5. \r\n6The word “and” was omitted ibid. \r\n7Substituted ibid. \r\n8Inserted by the Punjab Border Military Police (Amendment) Act, 2007 (V of 2007), published in the Punjab Gazette \r\n(Extraordinary), dated: 30 June 2007, pp. 5667-5671, s. 5. \r\n(f) “Senior Commandant” means a person appointed or authorized as Senior \r\nCommandant under section 5.] \r\n1\r\n[3.  Power to maintain Border Military Police Force .– The Government may maintain \r\na force to be called the Border Military Police Force for the better protection of the notified \r\ntribal areas of Dera Ghazi Khan and Rajanpur districts.] \r\n  \r\n2\r\n[4.  Constitution of the Force .– The Border Military Police Force shall c onsist of such \r\nnumber of officers and personnel, and shall be constituted in such manner and the members of \r\nsuch force shall receive such pay, pension and other remuneration, as may be notified by the \r\nGovernment.] \r\n  \r\n3\r\n[5.  Appointment and powers of superior o fficers.– (1) The Government may appoint \r\nSenior Commandant, Commandant and other superior officers of the Border Military Police \r\nForce. \r\n(2)  The Senior Commandant shall be an officer of the Government not below the \r\nrank of BS-18. \r\n(3)  The Senior Commandant, the Commandant and every other officer so \r\nappointed, shall possess, and may exercise, such power and authority over the subordinate \r\nofficers and members of the Force as is provided by or under this Act.] \r\n  \r\n4\r\n[6.  Appointment of subordinate officers and person nel.– (1) The Senior \r\nCommandant and Commandant shall appoint subordinate officers and the personnel of the \r\nBorder Military Police Force on the terms and conditions as may be prescribed in the rules. \r\n(2)  The subordinate officers and the personnel of the Border Military Police Force \r\nshall perform such functions and exercise such powers as may be prescribed in the rules.] \r\n  \r\n5\r\n[7.  Superintendence, control and administration .– (1) The superintendence and \r\ncontrol of the Border Military Police Force shall vest in the Government. \r\n(2)  The Border Military Police Force shall be administered by the Senior \r\nCommandant and the Commandant respectively in accordance with this Act and the rules \r\nmade thereunder.] \r\n8.  More heinous offences.– (1) Every Military Police-officer who– \r\n(a) begins, excites, causes or joins in any mutiny or sedition, or being present at \r\nany mutiny or sedition, does not use his utmost endeavours to suppress it, or \r\nknowing, or having reason to believe in, the existence of any mutiny, or of any \r\nintention to  mutiny, does not, without delay, give information thereof to his \r\ncommanding or other superior officer; or \r\n(b) uses, or attempts to use, criminal force to, or commits an assault on, his \r\nsuperior officer, whether on or off duty; or \r\n(c) shamefully abandons o r delivers up any garrison, fortress, post or guard \r\nwhich is committed to his charge or which it is his duty to defend; or \r\n                                                \r\n1Substituted ibid., s. 6. \r\n2Ibid., s. 7. \r\n3Ibid., s. 8. \r\n4Ibid., s. 9. \r\n5Ibid., s. 10. \r\n(d) directly or indirectly holds correspondence with, or assists or relieves, any \r\nperson in arms against the State, or omits to disco ver immediately to his \r\ncommanding or other superior officer any such correspondence coming to his \r\nknowledge; or  \r\nwho, while on active service,– \r\n(e) disobeys the lawful command of his superior officer; or \r\n(f) deserts the service; or, \r\n(g) being a sentry, sle eps upon his post, or quits it without being regularly \r\nrelieved or without leave; or, \r\n(h) without authority, leaves his commanding officer, or his post or party, to go in \r\nsearch of plunder; or \r\n(i) quits his guard, picquet, party or patrol without being regularly relieved or \r\nwithout leave; or \r\n(j) uses criminal force to, or commits an assault on, any person bringing \r\nprovisions or other necessaries to camp or quarters, or forces a safeguard or, \r\nwithout authority, breaks into any house or any other place for  plunder, or \r\nplunders, destroys or damages any property of any kind; or \r\n(k) intentionally causes or spreads a false alarm in action or in camp, garrison or \r\nquarters; or \r\n(l) displays cowardice in the execution of his duty; \r\n1\r\n[shall be punishable:– \r\n(i) for death or for imprisonment for life or for imprisonment for a term which may \r\nextend to seven years for the offence described in clause (a), clause (c) and \r\nclause (d); and \r\n(ii) for the offences described in clause (b), clause (e), clause (f), clause (g), \r\nclause (h), clause (i), clause (j), clause (k) and clause (l), for imprisonment \r\nwhich may extend to seven years and with such fine which may extend to \r\nthree months’ pay.] \r\n2\r\n[(2) Whoever commits any of the offences described in sub -section (1), shall be \r\ntried in such manner as may be prescribed.] \r\n3\r\n[(3) * * * * * * * * * * * * * * * * * *] \r\n4\r\n[(4) * * * * * * * * * * * * * * * * * *] \r\n9.  Less heinous offences.– \r\n5\r\n[(1)] Every Military Police-officer who– \r\n(a) is in a state of intoxication when on or for any duty, or on parade or on the line \r\nof march; or \r\n                                                \r\n1Substituted for the expression “shall be punishable, with transportation for life or for a term not less than seven years, or with \r\nimprisonment for a term which may extend to fourteen years, or with fine, which may extend to three months’ pay, or with \r\nsentence of  transportation or imprisonment, as the case may be as may be passed upon him under this section.” by the Punjab \r\nBorder Military Police (Amendment) Act, 2007 (V of 2007), published in the Punjab Gazette (Extraordinary), dated: 30 June \r\n2007, pp. 5667-5671, s. 11. \r\n2Substituted by the Punjab Border Military Police (Amendment) Act, 2007 (V of 2007), published in the Punjab Gazette \r\n(Extraordinary), dated: 30 June 2007, pp. 5667-5671, s. 11. \r\n3Omitted ibid. \r\n4Ibid. \r\n5Renumbered ibid., s. 12. \r\n(b) strikes or attempts to force any sentry; or, \r\n(c) being in command of a guard, picquet or patrol, refuses to receive any \r\nprisoner duly committed to his charge, or, without proper authority, releases \r\nany prisoner, or negligently suffers any prisoner to escape; or, \r\n(d) being under arrest or in confinement, leaves his arrest or confinement before \r\nhe is set at liberty by proper authority; or \r\n(e) is grossly insubordinate or insolent to his superior officer in the execution of \r\nhis office; or \r\n(f) refuses to superintendent or assist in the making of any field -work or other \r\nwork of any description ordered to be made either in quarters or in the field; or \r\n(g) strikes or otherwise ill -uses any Military Police -officer subordinate to h im in \r\nrank or position; or, \r\n(h) being in command at any post or on the march and  receiving a complaint that \r\nanyone under his command has beaten or otherwise maltreated or oppressed \r\nany person, or has committed any riot or trespass, fails, on proof of the t ruth \r\nof the complaint, to have due reparation made as far as possible to the \r\ninjured person and to report the case to the proper authority; or \r\n(i) designedly or through neglect injures or loses, or fraudulently disposes of, his \r\narms, cloths, tools, equipments, ammunition, accoutrements or Military Police \r\nnecessaries, or any such articles entrusted to him or belonging to any other \r\nperson; or \r\n(j) malingers, or feigns or produces disease or infirmity in himself, or intentionally \r\ndelays his cure, or aggravates his disease or infirmity; or, \r\n(k) with intent to render himself or any other person unfit for service, voluntarily \r\ncauses hurt to himself or any other person; or \r\n(l) does not, when called upon by his superior officer so to do, or upon ceasing \r\nto be a Milit ary Police-officer, forthwith deliver up, or duly account for, all or \r\nany arms, ammunition, stores, accoutrements, appointments or other property \r\nissued or supplied to him, or in his custody or possession, as such Military \r\nPolice-officer; or \r\nwho, while not on active service,– \r\n(m) disobeys the lawful command of his superior officer; or \r\n(n) plunders, destroys or damages any property of any kind; or, \r\n(o) being a sentry, sleeps upon his post or quits it without being regularly relieved \r\nor without leave; or \r\n(p) deserts the service; \r\nshall be punishable with imprisonment for a term which may extend to one year, or \r\nwith fine which may extend to three months’ pay, or with both. \r\n \r\n1\r\n[(2) Whoever commits any of the offences described in sub -section (1), shall be \r\ntried in such manner as may be prescribed.] \r\n10.  Minor punishments.– (1) The \r\n2\r\n[Senior Commandant] and the Commandant, \r\nrespectively, may, subject to any rules made under this Act, award, in lieu of, or in addition to, \r\n                                                \r\n1Inserted by the Punjab Border Military Police  (Amendment) Act, 2007 (V of 2007), published in the Punjab Gazette \r\n(Extraordinary), dated: 30 June 2007, pp. 5667-5671, s. 12. \r\n2Substituted ibid., for the words “Deputy Commissioner” s. 13. \r\nsuspension or dismissal, any of the following punishments to any Military Police-officer who is, \r\nin the opinion of the \r\n1\r\n[Senior Commandant] or Commandant, as the case may be, guilty of \r\ndisobedience, neglect of duty or remissness in the discharge of any duty, or of rendering himself \r\nunfit to discharge his duty, or of other misconduct in his capacity as such Military Police-officer, \r\nthat is to say,– \r\n(a) reduction in rank and emoluments; \r\n(b) fine to any amount not exceeding one month’s pay and allowances; \r\n(c) confinement to quarters for a term not exceeding one month; \r\n(d) confinement in the quarter -guard for not more than fifteen days, with \r\nor without punishment-drill or extra guard, fatigue or other duty; \r\n(e) removal from any office of distinction or special emolument in the \r\nforce. \r\n(2) The \r\n2\r\n[Senior Commandant], or the Commandant, or an officer, not being below \r\nthe rank of subadar, commanding a separate detachment or an outpost or in \r\ntemporary command at the head-quarters of a district during the absence of the \r\n3\r\n[Senior Commandant] and Commandant, may, without a formal trial, award to \r\nany Military Police-officer who is subject to his authority any of the following \r\npunishments for the commission of any petty offence against discipline, which is \r\nnot otherwise provided for in this Act, or which is not of a sufficiently serious \r\nnature to call for a prosecution before a Criminal Court, that is to say,– \r\n(a) confinement for not more than seven days in the quarter-guard or such \r\nother place as may be considered suitable, with forfeiture of all pay and \r\nallowances during its continuance; \r\n(b) punishment-drill, or extra guard, fatigue or other duty, for not more \r\nthan thirty days, with or without confinement to quarters. \r\n(3)  Any one of  the punishments described in sub -section (1) or sub -section (2) \r\nmay be awarded separately or in combination with any one or more of the said punishments \r\nrespectively. \r\n  \r\n4\r\n[11. Place of imprisonment.– (1) Any person sentenced under this Act to imprisonment \r\nfor a period not exceeding three months shall, if he is also dismissed from the Border Military \r\nPolice Force, be imprisoned in the nearest prison or such other prison as the Government \r\nmay, by general or special order, direct. \r\n(2)  Any person sentenced under  this Act to imprisonment for a period not \r\nexceeding three months but is not dismissed from the Border Military Police Force, he may, \r\nif the court or the Senior Commandant so directs, be confined in the quarter -guard or such \r\nother place as the court or the Senior Commandant may consider suitable.] \r\n12.  Resignation and withdrawal from Force .– No Military Police -officer shall be at \r\nliberty to– \r\n(a) resign his appointment during the term of his engagement, except before the \r\nexpiration of the first three months of his service, or \r\n                                                \r\n1Ibid. \r\n2Substituted for the words “Deputy Commissioner” by the Pu njab Border Military Police (Amendment) Act, 2007 (V of 2007), \r\npublished in the Punjab Gazette (Extraordinary), dated: 30 June 2007, pp. 5667-5671, s. 13. \r\n3Ibid. \r\n4Substituted ibid., s.14. \r\n(b) withdraw himself from all or any of the duties of his appointment, \r\nwithout the permission in writing (to be previously obtained) of the \r\n1\r\n[Senior \r\nCommandant] or Commandant or other officer authorised by the \r\n2\r\n[Senior \r\nCommandant] to grant such permission. \r\n13.  General duties of Military Police -officers.– \r\n3\r\n[*] It shall be the duty of every Military \r\nPolice-officer promptly to obey and to execute all orders and warrants lawfully issued to him \r\nby any competent authority, to detect and bring offenders to justice, and to apprehend all \r\npersons whom he is legally authorised to apprehend and for whose apprehension sufficient \r\ngrounds exist. \r\n   \r\n4\r\n[(2) * * * * * * * * * * * * * * * * * *] \r\n  \r\n5\r\n[14. Conferment of powers and imposition of duties .– The Government may, by \r\ngeneral or special order, confer or impose upon any Military Police Officer any of the powers \r\nor duties conferred or imposed on a Police Officer of any class or grade by any enactment \r\nfor the time being in force.] \r\n15.  Protection for acts of Military Police -officers.– (1) In any suit or proceeding \r\nagainst any Military Police-officer for any act done by him in pursuance of a warrant or order \r\nof a competent authority, it sh all be lawful for him to plead that such act was d one by him \r\nunder the authority of such warrant or order. \r\n(2)  Such plea may be proved by the production of the warrant or order directing \r\nthe act, and, if it is so proved, such Military Police-officer shall thereupon be discharged from \r\nliability in respect of the act so done by him, notwithstanding any defect in the jurisdiction of \r\nthe authority which issued such warrant or order. \r\n(3)  All suits and proceedings (whether civil or criminal) against any person which \r\nmay lawfully be brought for anything done or i ntended to be done under the powers \r\nconferred by, or in pursuance of, any provision of this Act or the rules thereunder, shall be \r\ncommenced within three months after the act complained of was committed, and not \r\notherwise; and notice in writing of such suit  or proceeding and of the cause thereof shall be \r\ngiven to the defendant or his superior officer one month at least before the commencement \r\nof the suit or proceeding. \r\n  \r\n6\r\n[16. Jurisdiction  of  Courts.–  Notwithstanding  anything  contained in the Code of \r\nCriminal Procedure, 1898 (Act V of 1898), the Government may, in consultation with the \r\nChief Justice of the Lahore High Court, by notification in the official Gazette, establish a \r\ncourt or confer jurisdiction on a court of Sessions or Judicial Magistrate o f the First Class to \r\ntry cases or any class of cases under this Act.] \r\n                                                \r\n1Substituted for the words “Deputy Commissioner” by the Punjab Border Military Police (Amendment) Act, 2007 (V of 2007), \r\npublished in the Punjab Gazette (Extraordinary), dated: 30 June 2007, pp. 5667-5671, s. 15. \r\n2Ibid. \r\n3Subsection (1) was renumbered as section 13 ibid., s. 16. \r\n4Omitted ibid. \r\n5Substituted ibid., s. 17. \r\n6Substituted by the Punjab Border Military Police (Amendment) Act, 2007 (V of 2007), published in the Punjab Gazette \r\n(Extraordinary), dated: 30 June 2007, pp. 5667-5671, s. 18. \r\n  \r\n1\r\n[17. Appeal etc .– (1) Any person convicted by the court established or conferred with \r\npowers under this Act, may within thirty days from the date of such order, prefer an appeal in \r\naccordance with the Criminal Procedure Code 1898 (V of 1898). \r\n(2)  Any Military Police Officer, who has been awarded minor punishment under \r\nsection 10 by the Commandant or the Senior Commandant, shall have a right of appeal to \r\nthe Senior Commandant or the Government respectively.] \r\n  \r\n2\r\n[18. Application of the Act on Baluch Levy.– (1) Notwithstanding anything contained in \r\nany other law for the time being in force, the provisions of this Act shall, mutatis mutandis, \r\napply to the Baluch Levy within the notified triba l areas of Dera Ghazi Khan and Rajanpur \r\ndistricts. \r\n(2)  The Government may, by notification, apply with such modifications, as it may \r\nthink fit, any of the provisions of this Act and the rules made thereunder to any other force or \r\nbody maintained for simila r service within the notified tribal areas of Dera Ghazi Khan and \r\nRajanpur districts.] \r\n  \r\n3\r\n[19. Rules.– The Government may, by notification in the official Gazette, make rules for:– \r\n(a) regulating the appointment, powers and functions of the Senior Commandan t \r\nand the Commandant, respectively under this Act; \r\n(b) regulating the classes, grades, condition of service and the remuneration to \r\nbe paid to the officers and personnel of the Border Military Police Force; \r\n(c) regulating the procedure for trial of Militar y Police Officers and appeals under \r\nsub-section (2) of section 17; and \r\n(d) generally, for the purpose of carrying into effect the provisions of this Act.] \r\n                                                \r\n1Substituted by the Punjab Border Military Police (Amendment) Act, 2007  (V of 2007), published in the Punjab Gazette \r\n(Extraordinary), dated: 30 June 2007, pp. 5667-5671, s. 19. \r\n2Ibid, s. 20. \r\n3Ibid, s. 21. \r\n \r\n \r\n1\r\n[THE SCHEDULE \r\nConditions of Service \r\n[see section 2(a)] \r\n  After you have served for (such period, as  the Government may have prescribed in \r\nthis behalf), in the Border Military Police Force maintained under the Punjab Border Military \r\nPolice Act, 1904, you may, at any time, when not on active service, apply for your discharge, \r\nthrough the officer to whom y ou may be subordinate, to the Commandant or to the Senior \r\nCommandant, and you will be granted your discharge after three months from the date of \r\nyour application, unless your discharge would cause the vacancies in the said Force to \r\nexceed one-tenth of the sanctioned strength, in which case you shall be bound to remain in \r\nthe Force until this objection is waived by the competent authority or removed by it. But \r\nwhen on active service, you shall have no claim to a discharge and you shall be bound to \r\nremain to do your duty until the necessity for retaining you in the Force ceases, when you \r\nmay make your application in the manner hereinbefore prescribed. In the event of your re -\r\nenlistment after you have been discharged, you shall have no claim to reckon for pensi on or \r\nother purposes your service previous to your discharge: \r\nProvided that, if you wish to withdraw from the Force, you may resign at any time \r\nbefore the expiration of first three months of your service, but not afterwards until the \r\ncompletion of the period prescribed as aforesaid: \r\nProvided also that the Commandant or the Senior Commandant may, if he thinks fit, \r\nallow you to resign at any time on your giving three months’ notice of your wish to do so.] \r\n \r\n \r\n                                                \r\n1Substituted by the Punjab Border Military Police (Amendment) Act, 2007 (V of 2007), published in the Punjab Gazette \r\n(Extraordinary), dated: 30 June 2007, pp. 5667-5671, s. 22.",
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