THE WEST PAKISTAN QAUMI RAZAKARS ORDINANCE, 1965. (West Pakistan Ordinance No. XXVIII of 1965)
THE WEST PAKISTAN QAUMI RAZAKARS. ORDINANCE, 1965. 1West Pakistan Ordinance No. XXVIII of 1965. [25th September, 1965] AN ORDINANCE to consolidate the law relating to Qaumi Razakars in the Province of West Pakistan.
AND WHEREAS the Provincial Assembly of West Pakistan is not in session, and the Governor of West Pakistan is satisfied that circumstances exist which render immediate legislation necessary; NOW, THEREFORE, in exercise of the powers conferred on him by clause (1) of Article 79 of Constitution, the Governor of West Pakistan is pleased to make and promulgate the following Ordinance:—
Short title extent and commencement
2. In this Ordinance, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say—
(a) "Government" means the Government of 2[North- West Frontier Province.] (b) "prescribed" means prescribed by rules made under this Ordinance.
1. In section-1, in sub-section (2) for the words "Province of West Pakistan.,' the words "North West Frontier Province". Substituted by N. W. F. P. Adaptation of Laws Ord.. 1975. 2. In section -2. in clause (a), the words "West Pakistan'", the words North-West Frontier Province", subs, by N. W. F. P. Adaptation of Laws order, 1975.
Constitution for Qaumi Razakers.
3. (1) The Deputy Commissioner may cause to be constituted for his District a body, to be called the Qaumi Razakars, consisting of such number of persons and in such manner as may be prescribed.
(2) The Deputy Commissioner may appoint as members of (he Qaumi Razakars such persons as are fit and willing to serve. (3) The superintendence of and control over the body shaji vest in the Deputy Commissioner and it shall be commanded by such persons as the Deputy Commissioner may appoint.
4. The Qaumi Razakars shall perform such duties in connection with the maintenance of law and order, public security and natural calamities as may be prescribed.
Call for training or duty.
5. The Deputy Commissioner may in the prescribed manner at any time call out Qaumi Razakars or a member thereof by a general or special order for training or discharge of duties under this Ordinance.
Call in aid of Police force.
6. A member of Qaumi Razakars when called out by the Deputy Commissioner in aid of the Police force any other service established by law, shall be under the control of the officers of such force or service, in such manner and to such extent as may be prescribed, and shall have the same powers, privileges and protection as a person appointed to such force or service.
7. The Deputy Commissioner may, by an order in writing dismiss any member of the Qaumi Razakars for misconduct or failure in the discharge of his duties or for any other sufficient cause.
1[Provided that no such order shall be passed without giving the member concerned an opportunity or being heard.
8. If a member of the Qaumi Razakars, on being called out under section 5, neglects or refuses to obey such order or any other lawful order or direction given to him for the performance of his duties, without sufficient cause, he shall be punished with imprisonment which may extend to three months, or with fine which may extend to fifty rupees, or with both.
Qaumi Razakars to be Police servants
9. A member of the Qaumi Razakars shall be deemed to be a Public servant within the meaning of section 21 of the Pakistan Penal Code.
1. Ins. by N. W. F. P. Ord No. III of 1985 read with Schedule.
10. No suit, prosecution, or other legal proceedings shall lie against any member of the Qaumi Razakars for anything which is in good faith done, or intended to be done, in pursuance of this Ordinance, or any rules made thereunder.
Bar to legal proceedings.
11. When any members of the Qaumi Razakars is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his duties under this Ordinance, no Court shall take cognizance of such offence except with the previous sanction of the Deputy Commissioner.
Cognizance of offences.
12. (1) Government may make rules to carry out the purposes of this Ordinance.
Power of make rules.
(2) In particular and without prejudice to the generality of the foregoing powers, such rules may
(f) prescribe the form of certificate of membership of the Qaumi Razakars.
Repeal and savings.
(c) the North-West Frontier Qaumi Razakars Act, 1952. (2) Notwithstanding the repeal of the enactments mentioned in sub-section (1), members of the Home Guards and Qaumi Razakars thereby appointed shall be deemed to be members of the Qaumi Razakars hereby constituted.