|Operations Room / MRCC|
REGISTERED No. M-302 L.7646
ISLAMABAD, WEDNESDAY, JUNE 29, 1994
Act, Ordinances, President’s Orders and Regulations
Islamabad, the 29th June, 1994
The following Acts of Majlis-e-Shoora (Parliament) received the assent of the President on the 19th June. 1994, and are hereby published for general information:
ACT NO. X OF 1994
An Act to provide for constitution and regulation of the Maritime Agency
WHEREAS it is expedient to constitute a maritime agency to provide a for the regulation of maritime activities and to safeguard the maritime interests of Pakistan and for mattes connected therewith or ancillary thereto;
It is hereby enacted as follows:-
(2) it applies to all officers and members of the staff of the Pakistan Pakistan Maritime Security Agency wherever they may be.
(3) It shall come into force at once.
2. Definitions.- (1) In this Act unless there is anything repugnant in the subject or context,-
(a) “Agency” means the Pakistan Maritime Security Agency constituted under section 3;
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3. Constitution of Agency
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below the rank of Commodore and such other officers and members of the staff an may be appointed by Fedral Government, from time to time, including:
4. Control, Superintendence, command and administration of the Agency:
Subject to over all control and superintendence of the Federal Government the command and administration of the Agency shall vest in, and the exercised by, the Director-General at its chief executive in accordance with the provisions of this Act and the rules and regulations made thereunder.
5. Appointment of members of staff:
(1) The Federal Government may authorize the Director-General or any other officer to appoint any officer and other members of the staff and determine the duties to be performed by them.
(2). Appointments under sub-section (1) shall made by direct recruitment or promotion or from personnel on deputation from the Pakistan Navy or any other department of the Government in such manner as may be prescribed.
(3) The terms and conditions of service of the officers and members of the staff shall be such as may be prescribed.
6. Oath of allegiance:
(1) Every member of the Agency shall, as soon as possible after appointments or enrolment to the Agency, make and subscribe before his Commanding Officer or any other officer appointed by the Commanding Officer in this behalf, an oath in the form set out in the Schedule.
(2) The oath referred to in sub-section (1) shall be read out and, if necessary explained to him who shall, in acknowledgment, of the oath having been so read out to him, put his signature to it.
(3) When the oath set out in the Schedule is read out, it shall be repeated by the person taking oath before he signs it.
7. Liability for service: Every officer and member of the staf shall be liable to serve in the Agency within and outside Pakistan, until he reaches the age of superannuation or his services are terminated by the competent authority in accordance with this Act or the rules made thereunder, or on reversion to his original service or office being a transferee to Agency or deputation or on secondment.
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8. Resignation and withdrawal from the service: No member of the Agency shall:
(a) resign from his service during the term of his appointment; or
(b) withdraw himself from all or any of the duties of his appointment.
9. Application of the Pakistan Navy Ordinance, 1961, etc:
(1). Subject to the provision of this Act, every officer and member of the staff shall, whether appointed through initial recruitment or otherwise, unless he is already so subject, the subject to the Pakistan Navy Ordinance,1961 (XXXV of 1961), hereinafter referred to as the said Ordinance.
(2) Notwithstanding anything contained in sub section (1), a civil servant transferred to the Agency on deputation or a person subject to the Pakistan Army Act, 1952 (XXXIX of 1952), or the Pakistan Air Force Act, 1953 (XXXV of 1953), on secondment of the Agency, not otherwise subject to this Act, shall be so subject to this Act and the said Ordinance to the extent and under such conditions as the Federal Government may direct:
Provide that such civil servant and other person shall be subject to the said Ordinance when they:
Explanation.-The expression ‘civil servant’ shall have the same meaning as is assigned to it in the Civil Servants Act, 1973 (LXXI of 1973).
(3) The Director-General shall, in respect of all officers and members of the staff, have all the powers conferred by or under the said Ordinance on an officer empowered to convene courts martial.
(4) Where anything is not provided for in this Act or the rules or regulations, the provisions of the said Ordinance and the rules and regulations mad e thereunder shall apply.
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10. Powers and functions of the Agency.- (1) The Agency shall be responsible for the regulation and protection of the maritime interests of Pakistan and to assert and enforce national jurisdiction and sovereignty in the Maritime Zones.
(2) Without prejudice to the generality of the provisions of sub-section (1), the functions of the Agency shall be to-
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11. Other functions of the officers of Agency, etc.–(1) In addition to the powers and functions as officers of the Agency, such officers may Perform functions of–
(2) The Government may, at andy time, assign or delegate any other functions or powers upon any officer of the Agency under any law for the time being in force in the Maritime Zones.
12. Power of searches, arrest, etc.—In exercise of the powers and performance of their functions under this Act, the officers and members of the staff may make inquiries, examinations, inspections, investigation, searches, seizures, and arrests for prevention, detection and suppression of contravention of any law for the time being in force within the Maritime Zones and for that purpose, the officers and members of the staff may board any vessel except ships, vessels or crafts of Pakistan Armed Forces.
13. Indemnity.—No suit, prosecution of other legal proceedings shall lie against any person for anything which is in good faith done of intended to be done under this Act or any rules or regulations made thereunder.
14. Capture of deserters.—(1) Whenever any person subject to this Act deserts, the Director-General or any other officer authorized by him in this behalf, shall give written information of the desertion to such authorities as in his opinion may be able to afford assistance towards the capture of the deserter and such authorities shall thereupon take steps for the apprehension of the deserter in like manner as if he was a person for whose apprehension a warrant had been issued by the Magistrate, and shall deliver the deserter, when apprehended into the custody of the Agency.
(2) Any police officer may arrest without warrant any person whom he reasonably believes to be subject to this Act and a deserter of absentee without leave and bring him without delay before the nearest Magistrate, to be dealt with according to law.
15. Court of Appeal.—(1) There shall be a Court of Appeal which shell hear appeals against the findings and sentence of court martial
(a) in offences punishable under Hudood laws;
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Explanation.—The expression “Hudood laws” means the Offenses Against (Enforcement of Hudood) Ordinance, 1979 (VI of 1979), the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979), the Offence of Qazf (Enforcement to Aadd) Ordinance, 1979 (VIII of 1979)< the Zakat and Ushr Ordinance. 1980 (XVIII of 1980), the Prohibition (Enforcement of Hadd) Order, 1979 (P.O. No. 4 of 1979). And the laws based on the principles of Qisas and Diyat.
(2) Subject to the provisions of sub-section (1), and aggrieved person may, within thirty days of the promulgation of the sentence, file an appeal before the Court of Appeal;
(3) The Court of Appeal shall be appointed by the Federal Government and shall consist of officers of suitable ranks and qualifications who are eligible to serve on a court martial.
Provided that no order under this sub-section shall be made to the prejudice of the accused of any other person unless he has been afforded an opportunity of being heard either personally or by his defending officer or his counsel.
(5) Where an offence has been waived or compounded under sub-section (2) of section 16, the Court of Appeal may, in its discretion having regard to the facts and circumstances of the case acquit of award, it’zir to the offender according to the nature of the offence.
(6) Subject to the provisions of sections 16 and 17 the decision of the Court of Appeal shall be final and shall not be called in question before any court of other authority
16. Provisions regarding waiver and compounding of qisas, etc., shall apply.—(1) Subject to the provision of Chapter XVI of the Pakistan penal Code and section 345 of the Code of Criminal Procedure, 1898, all offences falling under the said Chapter may be waived or compounded and the provisions of sections 309 and 310 of
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the Pakistan Penal Code shall, mutatis mutandis, apply to the waiver or compounding of offences awarded to officers and members of the staff subject to this Act.
(2) Where an offence has been waived or compounded, the Court may, in its discretion having regard to the facts and circumstances of the case acquit or award to’zir to the offender according to nature of the offence.
Provide that, in a case in which sentence of death or imprisonment for life shall have been passed against an offender convicted for an offence of qatl or jurh, such sentence shall not be commuted without the consent of the heirs of the victim or, as the case may be, of the victim.
Explanation. – For the purpose of this section, court includes the Court of Appeals under this Act.
17. Revision. – The Federal Government may, either on its own accord or on an application made to it, call for the record of any case decided by the court martial or in which no appeal lies and may make such order in the case as it thinks fit.
18. Power to make rules. – (1) The Federal Government may, be notification in the official Gazette, make rules for the purpose of carrying out the purpose of this Act.
(2) In particular, and without prejudice to generality of foregoing power, such rules may provide for:
(a) the command, administration and discipline of the Agency;
(b) the appointment of officers and members of the staff land their terms and conditions of service;
(c) the terms and conditions of service applicable to the civil servants or other persons transferred to the Agency on deputation or on secondment;
(d) the appointment of authority or authorized officers for case of disciplinary proceedings against civil servants and other persons specified in sub-clause (c);
(e) the convening, constitution, adjournment, dissolution and sitting of court matial and Court of Appeal and the procedure to be observed by such Courts;
(f) the carrying into effect of sentences of court martial and Court of Appeal;
(g) investigation, arrest, custody, trial and punishment of offences; and
(h) the procedure relating to the exercise of powers of revision under this Act.
19. Power to make regulations. – The Director-General may, with the approval of Federal Government, make regulations by notifications in the official Gazette not inconsistent with this Act or the rules.
20. Exemption of Agency vessels, etc from port charges. – The exemption from the levy of any port tax, toll, rate or other charges in any part of Pakistan, allowed manner, be admissible to the vessels, ships and crafts of the Agency.
(See section 6)
I, do solemnly swear that I will bear true faith and allegiance to Pakistan:
That as an officer/member of the staff of Pakistan Maritime Security Agency, I will discharge my duties and perform my functions honestly, to the best of my ability and faithfully in accordance with the law of the Islamic Republic of Pakistan, and without fear or favour, affection, or ill-will.
That I will not allow my personal interest to influence my official conduct or my official decisions;
That I will observe and obey all commands of my seniors without any hesitation or objection.
May Allah Almighty help and guide me (Amen)
Signed in acknowledgment of the having been read.
Signed in my presence after I had ascertained that the person understand the purpose of what the signed.