GOVERNMENT OF THE KHYBER PAKHTUNKHWA

LAW, PARLIAMENTARY AFFAIRS AND HUMAN

RIGHTS DEPARTMENT

________

NOTIFICATION

Peshawar, dated the 10.03.2014.

No. LEGIS: 1-14 2012.-The following Regulation by the Governor of the Khyber Pakhtunkhwa is hereby published for general information:

THE PROVINCIALLY ADMINISTERED TRIBAL AREAS PROVINCIAL

LEVIES FORCE REGULATION, 2014.

(Khyber Pakhtunkhwa Regulation No. I  of 2014)

A

REGULATION

to constitute and regulate Provincial Levies Force

in the Provincially Administered Tribal Areas.

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

          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 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 Provincial Levies Force Regulation, 2014.

          (2)     It shall apply to all the Provincial levies personnel, who are paid from the Provincial Exchequer of the Khyber Pakhtunkhwa, in Dir Upper and such other areas of Provincially Administered Tribal Areas, Khyber Pakhtunkhwa, as the Government may, by notification in the official Gazette specify, from time to time.

          (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 the Deputy Commissioner of the District in his respective jurisdiction;

(b)     “competent authority” means competent authority of the Force, who shall be Secretary to Government, Home and Tribal Affairs Department;

(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 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 administrative and establishment matters of the Force;

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

(e)      “Force” means the Provincial Levies Force paid from the Provincial Exchequer of the Khyber Pakhtunkhwa, in PATA;

(f)      “Government” means the Government of the Khyber Pakhtunkhwa;

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

(h)     “PATA” means the Provincially Administered Tribal Areas as mentioned in sub-section (2) of section 1;

(i)      “prescribed” means prescribed by rules and instructions; and

(j)      “rules” mean rules made under this Regulation.

3.       Power to constitute and maintain by the Force and its functions.---(1) Government may constitute and maintain a Force for performing the following functions, namely:

(a)     ensuring security of roads in PATA;

(b)     ensuring security and manning of piquet;

(c)      guarding Government institutions and installations;

(d)     ensuring security of jails and arrested criminals;

(e)      generally maintaining law and order providing mobile escort to VIPs;

(f)      anti-smuggling activities especially timber smuggling;

(g)     destruction of illicit crops;

(h)     serving of summons or procedures;

(i)      raid and ambush; and

(j)      such other functions as 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 shall be guided in accordance with this Regulation and the rules.

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

          (4)     Secretary to Government, Home and Tribal Affairs Department shall be the competent authority of the Force.

          (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.

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

          (8)     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 and instructions.

          (9)     The Commandant shall exercise his powers and perform his functions under the general supervision and directions of 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 equipment 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 he is 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 the instructions.

7.       Delegation of powers by Government.---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 Government, delegate all or any of his powers, to any officer or authority subordinate to him, for the efficient functioning of the Force.

9.       Power to make rules.---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;

(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.---Government may, by notification in the official Gazette, issue instructions from time to time consistent with this Regulation and the rules for carrying out the purposes of this Regulation and in relation to the Force.

Peshawar,                                                 Engr. SHAUKAT ULLAH

dated the 4^th March, 2014.              Governor of the Khyber Pakhtunkhwa

                                                                  MUHAMMAD ARIFEEN

                                                                  Secretary to Government,

                                                      Law, Parliamentary Affairs and Human

                                                                       Rights Department.