Provincially Administered Tribal Areas Levies Force Regulation, 2012.

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Department: Home & Tribal Affairs Department
Main Category: Regulation
Specific Category Name: Tribal Area
Year 2012
Promulgation Date: 29-08-2012
Details:

THE PROVINCIALLY ADMINISTERED TRIBAL AREAS

LEVIES FORCE  REGULATION, 2012.

 

(KHYBER PAKHTUNKHWA REG. NO. I OF 2012)

 

 

CONTENTS

 

PREAMBLE

 

SECTIONS

 

1.         Short title, application and commencement.

2.          Definitions.

3.         Power to constitute and maintain by the Force and its functions.

4.         Powers and duties of officers and members of the Force.

5.         Liabilities of officers and members of the Force.

6.         Indemnity.

7.         Delegation of powers by the Provincial Government.

8.         Delegation of powers by Commandant.

9.         Power to make rules.

10.       Power to issue instructions. 


 

THE PROVINCIALLY ADMINISTERED TRIBAL AREAS

LEVIES FORCE  REGULATION, 2012.

 

(KHYBER PAKHTUNKHWA REG. NO. I OF 2012)

 

[29th August, 2012]

 

A

REGULATION

to constitute and regulate Levies Force in the

Provincially Administered Tribal Areas.

 

            WHEREAS it is expedient to constitute and regulate service matters of the Provincially Administered Tribal Areas Levies Force, for the purposes
hereinafter appearing;

            AND WHEREAS, the function has been entrusted to the Federal
Government by the Provincial Government of Khyber Pakhtunkhwa under
Article 147 of the constitution of Islamic Republic of Pakistan;

            NOW, THEREFORE, in exercise of the powers conferred by clause (4) of Article 247 of the Constitution of the Islamic Republic of Pakistan, the
Governor of the Province of Khyber Pakhtunkhwa, with the prior approval of the President of the Islamic Republic of Pakistan, is pleased to make and
promulgate the following Regulation, namely:

1.         Short title, application and commencement.---(1) This Regulation may be called the Provincially Administered Tribal Areas Levies Force Regulation, 2012.

            (2)        It shall apply to all the levies personnel in such areas of
Provincially Administered Tribal Areas, Khyber Pakhtunkhwa as specified in the Schedule.

            (3)        It shall come into force at once.

2.         Definitions.---In this Regulation, unless there is anything repugnant in the subject or context,-

(a)        “Commandant” means Commandant of the Force, who shall be District Coordination Officer of District in his
respective jurisdiction;

(b)        “competent authority” means competent authority of the Force, who shall be Secretary, Home and Tribal Affairs Department, Khyber Pakhtunkhwa for the Force in PATA;

(c)        “Deputy Commandant (Administration)” means Deputy Commandant (Administration) of the Force, who shall be an officer of Federal or Provincial civil service or any
officer of the District designated as such officer by the Provincial Government to exercise in his respective
jurisdiction such powers and perform such functions as may be prescribed and who shall be responsible to the Commandant for administration and establishment matter of the Force in PATA.

(d)       “Deputy Commandant (Operations)” means an Assistant Coordination Officer or any officer of the District
designated as such officer by the Provincial Government who shall be Deputy Commandant (Operation) of the Force in PATA, to exercise in his respective jurisdiction such powers and perform such functions as may be
prescribed; 

(e)        “Force” means the Force constituted and maintained under section 3 and shall include similar Force of the Federal Government services whereof are borrowed and utilized for operation in PATA;

(f)        “instructions” mean instructions issued under this
Regulation ;

(g)        “PATA” means Provincially Administered Tribal Areas as specified in the Schedule;

(h)        “prescribed” means prescribed by rules and instructions under this Regulation; and

(i)         “rules” means rules made under this Regulation.

3.         Power to constitute and maintain by the Force and its functions.---(1) The Federal Government may in consultation with Government of Khyber Pakhtunkhwa constitute and maintain a force for performing the following functions, namely:-

(a)        ensuring security of roads in PATA;

(b)        ensuring security and manning of piquets;

(c)        guarding Government institutions and installations;

(d)       ensuring security of jail guards and arrested criminals;

(e)        generally marinating law and order and providing mobile escort to very important persons;

(f)        anti-smuggling activities;

(g)        destruction of illicit crops;

(h)        serving of summons or procedures;

(i)         policing, investigation and prosecution in certain areas as notified by the Provincial Government;

(j)         raid and ambush; and

(k)        such other functions as the Provincial Government may, by notification in the official Gazette, require the Force to
perform.

            (2)        In discharge of their functions, officers and staff of the Force in PATA shall be guided in accordance with this Regulation and the rules made thereunder.

            (3)        The head of the Force shall be Commandant in his respective
jurisdiction.

            (4)        The Secretary, Home and Tribal Affairs Department, Government of Khyber Pakhtunkhwa shall be the competent authority of the Force in PATA.

            (5)        The Force shall consist of such ranks and number of officers and members and shall be constituted in such manner as may be prescribed by rules.

            (6)        The officers and members of the Force shall receive such pay, pension, allowances and other remunerations and shall enjoy such leave and other privileges as may be prescribed by rules:

            Provided that terms and condition of service of the persons of other forces including Federal Levies Force borrowed shall not be varied to their
disadvantage.

            (7)        Officers and members of the Force shall wear such uniform as may be prescribed by rules or orders.

            (8)        The Director shall coordinate at the Federal level and shall be
responsible for budgetary and procurement, matter of the Force and shall
exercise such powers and perform such function, as may be prescribed.

            (9)        The administration of the Force shall vest in the Commandant in his jurisdiction, who shall administer it in accordance with the provisions of this Regulation, rules made thereunder and such orders and instructions as may be made or issued by the Provincial Government.

            (10)      The Commandant shall exercise his powers and perform his
function under the general supervision and directions of the Provincial
Government, and where services of the Federal levies Force are borrowed such power of general supervision and directions shall vest in the Federal
Government.

4.         Powers and duties of officers and members of the Force.---An officer or member of the Force shall-

(a)        take effective measures for ensuring security of assigned jurisdiction and for safeguarding against acts of unlawful interference;

(b)        prevent unauthorized persons and vehicles from access to the territorial jurisdiction;

(c)        take effective measures for preventing sabotage, placement of car bombs, letter bombs, dangerous article and carriage of arms and ammunition into the restricted area;

(d)       use such arms and ammunition and equipments as may be authorized by the Commandant or an officer authorized by him;

(e)        search and arrest without warrant any person who he
suspects of endangering or attempting to endanger or
having endangered the safety of an installation and may use such force as may be necessary in the discharge of his aforesaid duties; and

(f)        perform such other legal functions as the competent
authority may require him to perform.

5.         Liabilities of officers and members of the Force.---(1) It shall be the duty of every officer and member of the Force promptly to obey and execute all lawful orders and instructions issued to him by the Commandant or any officer authorized by him in this behalf to issue such orders and instructions.

            (2)        Every officer and member of the Force shall be liable to serve wherever his required to serve by the competent authority.

6.         Indemnity.---No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Regulation or the rules or instructions made thereunder.

7.         Delegation of powers by the Provincial Government.---The Provincial Government may, by notification in the official Gazette, delegate all or any of its powers under this Regulation to the Commandant or such other person as it may deem fit.

8.         Delegation of powers by Commandant.---The Commandant may, by notification in the official Gazette and with prior approval in writing of the
Provincial Government, delegate all or any of his powers, to any officer or
authority subordinate to him, for the efficient functioning of the Force:

            Provided that where services of Federal Levies Force are borrowed, the Commandant may exercise his power under this section with prior approval in writing of the Federal Government.

9.         Power to make rules.---The Provincial Government may, by
notification in the official Gazette, make rules for the following purposes, namely:

(a)        regulating the functions and powers of officers and
members of the Force;

(b)        regulating the classes and grades of , and the remuneration and rewards to be paid to officers and members of the Force and their conditions of service, including
remunerations and rewards to be paid to officers and
members of the Federal Levies Force when their services are borrowed by the Provincial Government;

(c)        for efficiency and discipline in the Force and punishment;

(d)       to provide for appeal; and

(e)        generally for the purpose of carrying into effect the
provisions of this Regulation.

10.       Power to issue instructions.---The Provincial Government may, by
notification in the official Gazette, issue instructions from time to time
consistent with this Regulation and the rules made thereunder for carrying out the purpose of this Regulation and in relation to the Federal Levies Force such instructions shall be issued in consultation with the Federal Government.

 

 


SCHEDULE

See sub-section (2) of section 1

 

LIST OF PROVINCIALLY ADMINISTERED TRIBAL AREAS (PATA)

 

 

S.No.

                 Districts.   

 

1.

                        2.

1.

                        Malakand

 

2.

                        Dir lower

 

3.

                        Dir Upper

 

4.

                        Chitral

 

5.

                        Shangla

 

6.

                        Buner

 

7.

                        Swat

 

 

 

 

 

Peshawar,

dated the

9th August, 2012

BARRISTER SYED MASOOD KAUSAR

Governor of the Khyber Pakhtunkhwa