Maritime Security Agency Act (Act No. X of 1994)

'2. I · · M -302 REGISTERED No. L.·7646 :; (!} . of f alUstan t J EXTRAORDINARY PUBLISHED BY AUTHORITY lSLAMABAI>, WEDNESDAY, JUNE 29, 1994 PART I Act, Ordinances, President\ Orders and Rc.gulations SENATE SECRETARIAT Islamabad. 1he 29th June, 1994 The following Acts o r Majlis-e·Shoora (Parliament) received the a ssent or the President on the 19th June. 1994. and are hereby published ror general information: ACT 1 0 . X OF 1994 An ;1c1 10 prOl'ide jOr co11stitutio11 and regulation of tlze lvtaririlne Security J"1gency WHEREAS it is expedient to constitute a Maritime Agency to provide for the regulation of maritime activities and to safeguard the maritime interests of Pakistan and for matters connected therewith or ancillary thereto : It is hereby enacted as follows: !. Short title, extent and commo,ncement.-{ I) This Act may be called the Maritime Security Agency Act, 1994. (2) It applies to all officers and members of the staff of the Maritime Security Agency wherever they may be. (3) It shall come into force at once. 2. Definitions.-{!) In this Act. unless there is anything repugnant in the subject or context, (a) "Agency" means the Maritime Security Agency ·constituted under section 3; (3700/Ex. Gaz.) (215) Price: Rs. 2. JO 21 6 THE GA7FTIE OF PO.KIST,\:"<. EXTK.A .. JL.NE 29. 1994 IP \RT 1 (b) "Commanding Officer" means an officer appointed· in command or a ship, vessel or establishment of the Agency or the officer on whom such command may devolve under this Act or the rules; (c) "Director-General" means the Director-General or the Maritime Security Agency appointed under sub-section (2) or.section 3; (d) "cst.iblishmcnt" means an establishment or station belongillg lo. or under the control of, the Agency. whether within or outside l'akislHn: (e) "maritime intcrcSlS or Pakistan" means rights. control, jurisdiction and sovereignty over Maritime Zones and includes the sovereign rights or Pakistan to explore. exploit. conserve, manage the living and non-living resources and other aGtivities for economic exploitation."exploration and to sareguard the unauthorised exploitation or resources or Pakistan seas and prevention thereto from damage through pollution: . (I) " Maritime Zones" means the territorial waters; the Contiguous Zone, Continental Shelf, Exclusive Economic Zone of Pakistan or any other zone or area declared as such by the Federal Government: (gJ .. member or the staff' includes a Chief Pcuy Officer. Pcny Officer. JUniOr COmmiSSiOned Officer, sailor and' Other ministerial Staff or the Agency. (h) "officer" menas a pcr<on Hppointed in a pay scale as an officer of !he Agency, but docs nol include a member of the staff; (i) .. prescribed" means prescribed by rules made under this Act; (j) "regulations" means regulations made under this Act; (k) "rules" means rules made under this Act; and (I) "territorial waters". "Contiguous Zone". "Continental She1r· and "Exclusive Economic Zone" shall have the meanings respectively assigned to them in the Territorial Waters and Maritime Zones Act. 1976 (LXXXII of 1976). (2) All words and expressions used but not defined in this Act shall. unless the context otherwise requires, have the same meanings as assigned to them in the Pakistan Navy Ordinance, 1961 (XXXV or 1961). 3. Constirution of the Agtncy.-{I) As soon as may be, arter the commencement of this Act, the Federal Government shall, by notification in the official Gazette, co.:stitute an agency to be called the Maritime Security Agency for carrying out the purposes of this Act. (2) The Agency shall consist or a Director-General to be appointed by the Federal Government frnm amongst the officers of Pakistan 1"a') who shall not be P.\itT I) I HE GAZF.'ITE OF PAKISTA'-. EXTRA .. JU'-L ~9. 199~ -==== belo11. the rank of Commodore and such other officers and member< oflhc staff as may be appointed by the Federal Government. from time to time. including (a) Deputy D irector-General: (h) Director (Operation): (c) Director (Administrauon). (d) Dire<:tor (Technical) ; (e) Director (l)udget and Accounts); and (I) Di rector (Legal Affairs). 4. Control, superintendence, command and administnlion of the Agency.­ Subject to overall cont rol and superintendence of the Federal Government. the command and administration of the Agency shall vest in, and be exercised by. the Director-General as its chief executive in accordance with the provisions of this Act and the rule> and regulations made thereunder. 5. Appointment of members of •laff.--{J) The Federal Government ma) authorize the Director-General or any other officer to appoint any officer and other memhc" of the staff and.determine the duties to he performed by them. (2) Appointments under sub-section (I) shall be made hy dircet recruitment or promouon or from personnel on deputation from the Pakistan Navy or any other depanmcnt of the Government in such manner as may be prescribed . (3) The tenns and cnnditions of service of the officers and members of the staff shall be •uch as may be prescribed 6 Oarh of allegianee.--{l ) Every member of the Agency shall. as soon as possible af'tcr appointment or enrolment to the Agency. make and subscnbe before his Commanding Officer or any other officer appointed by the C"mmandrng Officer in this behalf. un (>ath on the form set oul in the Schedule. (2) The oath referred to in sub-secuon (I) shall be rcacl out and. if necessary. cxpla111ed tO him who shall, in acknowledgement, oft he oath having been so read out to him, J1ul h1~ ~1gnatu re to it. (3) When the oath set out in the Schedule 1s read out. It shall be repeated by the pcr>on taking oath before he sign~ n 7. Liability for service.-Every officer and member of the staff shall be liable to serve in the Agency within and (>ut>idc l'akistan, until he reaches the age of superannuat ion or his services are terminated by the competent authority in accordance with th" Act or the rules made thereunder. or on reversion 10 his original service or omce being a transferee 10 the Agency on deputation or on secondment. .... .. --·· .... ...... ··-· ............ ......... . .. .. . 1-'1 THE GA7FTTE OF Pt\KISTA:\. EXTRA .. Jl..~E :9. 1994 (P\R.! ! ~~~,.;;,,,,;~~~~===--~~~~~====~'----' 8. Resignation 2nd ,.·ithdrawal from the seni~.-No member of the Agency shall (a) resign from his service d uring the term of his appointment ; or (b) withdraw himself from all -or any of the d uties of his appointment. 9. Applicatioo of the Pakistan '\a~· Onliaance. 1961, ttc.-(1) Subject to the pro-ision.s of this Act. c'cry officer and member of the stalTsh•ll. vchether appomted through 1mual recruument or otherv.1se. unless he 1s alread} so subJCCt, be sub,ec1 to !he Pakistan l'avy Ordinance. 1961 (XXXV of 1961 ), hereinafter referred to as the said Ordinance. (2) Notwithstanding anything contained in su~section (I). a civil servant transferred to the Agency on deputa tio n or a person subject lo the Pakistan Army Act, 1952 (XX XIX of 1952). or the Pakistan Air Forte Act, 1953 (XXXV of 1953). on secondment 10 the Agency. not otherwise subject 10 this Act. shall be so subject 10 this Act •nd the said Ordinance 10 the c.icnt and under such <"On<tiuons as the feJcral Go,a-nmcn1 ma} dtttet : Pro\'ided that such ci,il scr,an1 and other p<rson shall be subject 10 the ><11d Ordinance wlJen they (a ) seduce or attempt 10 seduce any pers(ln subject to this Act from his duty or allegiance lo the Government : (b) commit any offence in relation to any work of defence. ar:;enal. naval, militat}. air force or Agency's establishment. station. ship. or a1rcraf1; (c) commu an} offence under !he omcial Secrci Act. 1923 (XIX of 19~3). in rd11ion 10 !he affairs of !he Agenc) . (d) CQmmu any offcnoc punishable under any law for the tim< being 1n force o·n the vessel, ship, aircraft or property of the Agency or m relation thereof; and (e) embark as passenger on board of the Agency's vessel, ship or aircraft. Explluration.-The expression 'civil servant' shall ha>e the same meamng as 1s assigned 10 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 10 convene courts martial. (4) Where anything is not provided for in this Act or the rules o r regula11ons. the provisions of the saicl Ordinance and the ruleS' a nd regula tions made thereunder shall apply. PART I) THE GAZETTE OJ" PAKISTAN, EXTRA . .llJNE 29. 1994 219 10. Powers and functions of the Agency.-{ I) The Agency shall be responsihle fort he regulation and protection of the maritime interests of Pakistan and to assert and enforce national j urisdiction and sovereignty in the Maritime Zones. (2) Without prejudice to the generality of the provisions of sub-section (I), the functions of the Agency shall be to (a) prevent unauthorised exploitation of any economic resources by any person, agency, vessel or device within the Maritime Zones ; (b) protect I'a.~istani fishing vessels and crew against any threat, instrusions or interference within the Maritime Zones; (c) enforce the national and international Jaws, agreement.s and conventions on and under the water- iri the Maritime Zones; (d) assist and coordinate search and rescue for the vessels, property and Jives in distress and render such assistance which may be necessary in any" emergency in the Maritime Zones and .on high seas; (e) assist other departments and agencies of the Government to maintain and preserve the quality of marine life and to prevent and control the effects of marine disasters including marine pollution in and around the ports, harbours. coastal areas, estuaries and other areas of Maritime Zones; (f) assist and co-ordinate with national and international agencies in hydrographic and oceanographic research, navigation, weather reporting and other scientific activities in the Maritime Zones: (g) assist other departments ·and agencies of the Government in safe­ guarding and protecting artificial islands. offshore tem1inals. fostalla· tions and other structures and devices.fa the Maritim~ Zones : (h) provide assis1ance for petroleum exploration and production in the Marilime Zones~ (i} render assistance to other agencies in acquisition of mineral exploration, seismic studies and assessment data in the Maritime Zones; (j) cooperate with. and provide assistance to Customs. Coast Guards and other depariments, agencies and authorities in Maritime Zones in the discharge of their duties and functions; (k) provide an effectiv~ secondary maritime force for deployment in any emergency. war or conOict; and (I) perform such other functions as may be assigned to it by the Federal Gov<.,.-nmcnt, from time to time, to protect maritime interCsts of Pakis1;tn. THE GAZFTTF. OF PAKISTAN. EXTRA., JUNE 29, 1994 IPART I 11. Other functions of the officers of Agency, etc.-{ I) In addition to the powers and functio ns as officers of the Agency, such officers may perform functions of (i) Officers of customs as may be ·entrusted to them and exercise such powers under the Customs Act. 1969 (IV of 1%9). as may be delegated to them under section 6 of that Act: and (ii) Fishery Officers as may be entrusted to them under . the Exclusive · Fishery Zone (R'.egulation of Fishing) Act, 1975 (XXXII of 1975). and exercise such powers under the said Act as may be delegated to them under section 14 thereof. (iii) Police Oflkcr. an·d exercise all the powers conferred on an officer in cha rge of a Police Station under the Police Act, 1861 (V of 1861 ). and under the Code of Criminal Procedure, 1898 (Act V of 1898). (2) The Government may, at any 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.-ln exercise of the powers and performance of thier functions under this Act, the officers and members of the staff may make 1nqu1rics. cxaminationst inspections1 investigation. searches, seizures, and arrests for prevention. detection and suppression of cont ravention 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 Paksitan Armed Forces. 13. lndcmnity.-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 Act or a.ny rules or regulations made thereunder. 14. Capture of desert~rs.-{ I) Whenever any person subject to this Act desercs, the Director-General or any other officer authorised by him in this behalf. shall give written infonnation 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 hc 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 or absentee without leave and bring him without delay before the nearest Magistra te. to be dealt with according to law. 15. Court of Appeal.-{!) There shall be a Court of Appeal which shall hear appeals against the findings and sentence of court martial (a) in offences punishable tinder Hudood laws: P\RT IJ THE (iALETTE or PAKISTAN. EXTRA .. JU~E 29. 199~ ===---~ (b) in which an officer or member of the staff is sentenced to death or imprisonment for a term exceeding three months; (c) in a case in which an officer or member of tbe staff is dismissed from service; and (d) in such other cases as may be referred to it by the Dircctor·General. Explanation.-The expression " Hudood laws" means the OITen~es Against (Enforcement of Hudood) Ordinance. 1979 (VI of 1979), the Offence of Zina (F.ni'orccmcnt or Hudood) Ordinance, 1979 (VII of 1979), the Offence of Qazr !Enforcement of Hadd) Ordinance. 1979 (VIII o f 1979), the Zakat and Ushr Ordinance. 1980 (XVIII of 1980). the Prohibition (Enforcement of Hadd) Order. 1979 (P.O. 'lo. 4 of 1979). and the laws based on the principles of Qisas and Diyat. (2) .Subject to the proYJsion6 of sub-section (l). an aggrieved person may. '"thin th1rt} da~s of the promulgauon of the sentence, file an appeal before the Court of Appeal. (3) The C<?urt of Appeal shall be appointed by the Federal Government and shall consist of officers of suitable ranks and qualifications who arc eligible to serve on a court martial. (4) The Court of Appeal slrn ll have the power to (i) confi rm the fi ndings. sentence or both; or (i1) quash. alter. revise or substitute the findings and sentence; and (iii·) order retrial of the cak: Provided that no order under this sub-section shall be made to the prejudice of the accused or any other person unless he has been afforded an opportunity of being heard either personally or by hos defending officer or his counsel. (5) Where an offence has been waived or compounded under sub·se<:uon (2) of =tion 16. the Court of Appe~I may. m its di,;cretion having regard to the facts and circumstances of the case acquit or award. ta'zir to the o ffender according to the nature of the offence. (6) Subject to the provisions of 5cctions 16 and 17 the decision of the Court of Appeal shall bc final a nd shull not be called in question before any court or other authority. 16. Provisions regarding waiver and compounding of qi<a., etc .. shall apply.-{ I J Subjcc! to the provisions of Chapter XVl.i:1f thc-{'akistan Penal Code and section 345 of the Code of Criminal Procedure, 1898. all offences falling under the said Chapter may be "aived or compounded and the prov1~ions of sections 309 and J 10 of THE GAZl:. ITE OF PAK IST \ -..:. EXIRA .. J t.;:-;E ~9. 1994 (PART~ =====~ the Pa~i,lan Penal Code shall. mutatis mutandis. apply 10 the waiver or compounding of offence~ awarded to officers and members of Mali subject to this Act. (2) Where an offence has been waived or compounded. the Court may, 1n its discretion having regard to the fact$ and circum5tances of the case acquit or award ta'zir to the .offender according to nature of the offence: Pro>id«l that. m acasc:m which sentence of death orimp0>0nment for bfc shall ha>-.: been passed against an offender con,icted for an off CD<% of qail or jurb. such sen ten« "'311 001 be commuted without the consent of the heirs of the victim or. as the case may be. of the V!Ctim. Explanation.- For the purpose of this secuon. court includes the Court of Appeals under this Act. 17. Revision.-The Federal Government may. either on its own accord or on an apphcation 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 11 thinks fit. 18. Powtt to make rv.ln.-(1) The Federal Government may. by notificauon in the official Gazette. make rules for the purpose of carrying out the purposes of this Act. (2) Jn particular, and without prejudice to the generalit)' of foregoing power. such rules may provide for {a) the command, administration and discipline of the Agency: (b) theappointmcntof ofTu:ersaod members of the staff and their tcnnS and condittons 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 authorised officers for case of disciplinar)' proceedings against civil servants and other persons specified in sub-clause (c); (e) the convening, constitution. adjournment. dissolution and s.mng of court martial and Court of Appeal and the procedure to·~ observed b) such Courts; (I) the ca'rrying into effect of sentence of court martial and Court of Appeal; (g} investigation, arrest, cusiody, trial and punishment of offeqces; and (h) the prOfedure relating to the exercise of powers of revision under this Act. . ... . ., ............ .. ~ . ' " ' ' . ..... .. ' ..... "" " . ... ............ ......... ..... ..... .. ... .... .. / PART 1) THE GAZETTE OF PAK ISTAN. EXTRA., J UNE 29. 1994 19. Power to make regulalions.- The pirector-General may,' with the approva l of the Federal Goverment, make regulations by notification in the official · Gazette not inconsistent with this Act or the rules. 20. Exemption of Agency ves.,..ls, etc., from port.charges.-The cxempt1<>n from the levy of any port tax. toll. rate or other charges on a ny part of Paki<tan. allowed to the vessels. ships and crafls of the Pakistan Navy, shall to the same extent and manner. be adm1>sible to the vessels. ships and crafts of the Agcnc~. SCHEDUl..F. (Su section 6) I. --- ----- d o solemnly swear that I will bear true faith and allegiance to PaklSlan: That as an officer/member of the sta!T of ma ritime Security Agcnc>. I ""I discharge my duties a nd perform my functions honestly, to the best of my ability and faithfully in accordance with the laws of the Islamic Republic of Pa kista n. and without fea r or favour. affection. or ill-will ; That l will not allow ll)Y personal interest to innuence my official conduct or m> official decisions; And that l will observe and obey all commands of my seniors Wlthout an) hesitation or objection. May Allah Almighty help and guide me (Amen). Signed in acknowledgement of the above having been read . Date. Signed in my presence a fter I had ascertained that the person understand the purport of what he signed. Date