Persons Subject to Asf 1975 Laws, Pakistan Legal Perspective Part 2

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Persons subject to ASF 1975 Laws, Pakistan Legal Perspective  Part 2

By

S J Tubrazy

(ii) any railway, as defined in the Railways Act, 1890 (IX of 1890), road, canal, bridge, culverts, tramway, road, canal, bridge, culvert, cause way, port dockyard, light house, aerodrome; of any telegraph, telegraph line or post, as defined in the Telegraph Act, 1885 (XIII of 1885), or any wireless installation;

(iii) any vessel or aircraft or rolling stock of a railway or tramway;

(iv) any building or other property used in connection with the production, distribution or supply of any essential commodity, any sewage works, mine or factory;

(v) any prohibited place or protected place that is punishable under any rules made under the Defence of Pakistan Ordinance, 1971 (XXX of ‘1971), or an attempt or conspiracy to do, or an abetment of any such act;

(e) persons not otherwise subject to this Act who belonged to the former East Pakistan Civil Armed Forces and were repatriated to Pakistan after the sixteenth day of December, 1971.

(2) Every person subject to this Act under clause (a) or clause (b) or clause (e) of subsection (1) shall remain so subject until duly retired, released, discharged, removed or dismissed from the service.

(3) Every person subject to this Act under clause (bb) of subsection (1) shall remain so subject during the period of his secondment to the Pakistan Army.”

The subsection (1) of section 5 empowers the Federal Government to apply all or any provisions of the Army Act to any force raised and maintained in Pakistan under the authority of the Federal Government or a Provincial Government, whereas subsection (2) thereof lays down that on such notification being made any provisions of the Army Act so applied shall have effect in respect of persons belonging to any such force as they have effect in respect of persons subject to the Army Act holding in the Pakistan Army the same rank as or equivalent to that which the aforesaid persons hold for the time being in the said force and shall have effect in respect of person employed by, or are in the service of, or are followers of, or accompany any portion of any such force as they have effect in respect of person subject to the Army Act under clause (c) of subsection (1) of section 2., It may also. be pointed out that subsection (3) provides that while any of the provisions of the Army Act applies to any such force, the Federal Government may, by notification, direct by what authority any jurisdiction, powers or duties incidental to the operation of these provisions shall be exercised or performed in respect of that force and may suspend the operation of any other enactment for the time being applicable to that force.

It may also be observed that section 6 empowers the President to apply the provisions of the Army Act to any Land Forces of an Acceding State. Section 7 confers power on the Federal Government to declare any person or class of persons to be on active service. Section 8 defines various terms.

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