[AS PASSED By TF|E NAT|oNAL

ASSEMBLY]

BILL

further to afiefld the Pakiitan Nar,"! OrdifiancL 1961

WHEREAS it is expedient furthe! to amend the Pakistan Nary Ordinance,

1961(ffiV of 1961) for the purposes hereinafter appeari.g;
It is hereby enacted as follora6:-

1.Short tide and conmen.emenl-(1) This Act shall be called the PakiEtan NalT
(Amendment) Act, 2020.

(2) lt shall come into force at once and shall be deemed to have taken effect on the
27n day of November, 2019.
2. Amendment of section 4 Ordinance fiXV of 1961.- ln the Palistan Navy
Ordinance, 1961 (XXXV of 196L), hereinafter refered to as the said Ordinance, in
section 4, after clause (iv), the following new dause, shall be inserted, namelyn

"(iva) "Chairman, Ioint Chiefs of Sta{f Committee" means an officet who has
been appointed as the Chairman. Joint Chiefs of Staff Cornmittee, by the
Presideng in accordance with Article 243 of the Constitution of Islamic
Republic of Pakistan, rcad with section 14Di".

3. Insefion of new chapter, Ordinance )O(XV o{ 1961.-In the said Ordinance,

after Chapter III, the following new Chapter shall be inserted, namely;-
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-CHAPTER IIIA.-APPOINTMENT OF THE CHIEF OF THE NAVAL STAFF
AND THE CHAIRMAN, TOINT CHIEFS OF STAFF COMMITTEE

14A. Appointment of the Chief of the Naval Staff.- (1) The President shau
on the advice of the P me Minister, aPPoint an Admiral as the Chief of the Naval
Staff, for a tenu-re of three (03) yearc.

(2) The terms and conditions of the Chief of the Naval Staff shall be
determined by the President, on the advice of the Prime Minister'

148, Reappointment or extension of Chief of the Naval Staf('-

(1) Notwithstanding anything contained in this Act or any other law for the
time being in force, the President, on the advice of the Prime Minister, may
reappoint the Chief of the Naval Staff for additional tenurc of three (03) yea6, or
extend the tenure(s) of the Chief of the Naval Staff uP to three (03) years, on such
terms and conditions, as may be determined by the President on the advice of the
Prime Minister, in the national security infurest or exigencies, from time to time'

(2) Notwithstanding anything contained in this Act or any other law, ot any
order or iudgment of any Court, the aPPointmen! reaPPointment or extension of
the Chief of the Naval Staff, or the exercise of di$cretion by the apPointing
authority in this regard, shall not be called into question beforc any Court on any
ground whatsoever.

14C. Retiremetrt age and service limits of the Chief o{ Naval Staff - 'Ihe
rctirement age and service limits Prcscribed for an Admiral, undcr the Rules and
Regulations made under this Ordinance,6hall not be applicable to the Crief of
the Naval Staf{, during his tenure of aPPointment, reaPpoinlment or extension,
subFrt to a rnaximum age ol sixty-fcur (A) years. Throughout such tenure, the
Chief of the Naval Staffs hall continue to serve as an Admiral in the Pakistan
Nar,v.

14D. Appoinhrent of the Chairman, Joint Chiefs of Staff Cotrmittee--

(1) The President may, on the advice of the Prime Minister, aPPoint a
Chairman, Joint Chiefs of StaJf Committee, from amongst Cealerals in the
Pakistan Army, Admirals in the Pakistan Nalry, or Air ChieI Marshals in the
Pakistan Air Force, for a tenure of three (03) yea6.
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(2) The terms and conditions of the Chairman, Joint Chiefs of Staff Comnittee
shall be determined bv the President on the advice of the Prime Minister.

(3) ff the (hairnan, Joint Chiefs of Staff Committee is apPointed hDm

amongst Admirals in the Pakistan Navy, the provisions oI this Ordinanee shall be
applicable to the suci Chaiinan,Ioint Chjefs of Staff Commiftee.

14E. Reappointment or exaension Chairman, Joint Chiefs of Staff

of the
Cohmitr€e.- (1)Notwithstanding an,'thing contained in this or any other law for the
time being in force, the Presiderrt, on the advice of the Prime Minister, may
reappoint the Chairmao Joint Cfefs of Staff Committee for additional tenrLre of
thee (03) -vea$, oi extend the tenure(s) of the Chairman, Joint Chiefs of Staff
Committee up to three (03) years, on such terms and conditions, as mELy be
determined by &e President on EIe advice of the PriEre Minister, in the nalional
secudty interest or exigencies, from time to time,

(2) Notwithstanding anything contained in this Act or any other law, o:: arly
ordei or iudgment of any Court, the appointrnent, reappointment or extension r)f the
Chairman, Joint Chiefs of Staff Committee, or the exerose of discretion bg the
appointinB authority in this regard, shall not be called into question befoft any
Court on any ground whatsoever.

14F. Rettement age and sewice limils of the Chairman, Joint Chiels of Staff
Committee.-In case an Admiral of the Pakistan Naly is appointed as the Chairman,
Joint Chiefs of Staff Committee, the retilement age and service [mits, prescribed
under the Rules and Regulations made under this Ordinan€e, shall not be applicable
to the said Adrniral during his tenure of appointment reappointment or extersion,
subiect to a maxinlum age of sixty-four (64) yea6. Throughout such tenun), the
Chairman, Joint Chiers of Staff Commiftee, appointed under this Ordinance, shall
aontinue to serve as an Admiral in the Pakistan Na\,y-"

4, Amendment of section 11 Ordinance )OfiV of 1951,-In section 1t fc,r the

word "Ever/'the expression, "SubFct to Chapter mA" everl/'shall be substihlted
and fot the full stop at the end, a colon shall be substituted and theleaft€r the
following provisos shail be inserte{ namety:-
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"Provided that the aPPointment reaPPointment, extensioo and tenu1e of the
Ctrief of the Naval StaJf shall be determined in accordance with sections 144, 14B
and 14C.

Provided further tlrat the appointmenL rcaPPointment, extension, and tenure

of the Chairmar! Joint Chiels of Sta(f Comrnittee shall be determined in
accordance with sections 14D, 14E and 14I."

5. Amendfient o, Bection 172 Ordinance XXXV of 1961.-In the said Ordinance,

in section 177, in sub-section (2), sub-..lause (a), after the word "the", occurring for
the first time, tlle words and commas "appointment leaPPointment extensiory" and
after the word "Ordinance", the words and commas "including the Gfef o{ dle
Naval Stalf and the Chaimran, Joi t Chiefs of Stalf Committee" shall be added.

5. Amendment of eection 178, Ordinance )C(XV of 1951'- In the said Ordinane,

in s€clion 17& in sub-section (1) after the word "forces", the words and commas
"including the Chief o{ the Naval Staff and the Chaiman, Joint Chiefs of the staff
Committee", shall be added.

7. Ov€rriding eflect.-
(1)The provisions of this Act shall have effect notwithstanding anlthing
contained in the said Ordinance, any other law, rules, regulations or bye'lawE,
notifications and other legal instruments for the time being in force'

(2) In case there is any conflict between the Provisions of this Act and any other
Iaw for the time being in force, the Provisions of this Act shall prevail to the extent of
inconsigtency.

Statement of Obiects and Reasons

This Bill seeks to amend the provisions of the, Pakistan Navy Ordinance, 1961 so as
to empower the President, on the advice of ihe Prime Minister, to sPecify the tenu'e
and the terms and conditions of service of the Chief of the Naval StaJf or the
and
Chairman, Joint Chieb of StaJf Committee, including the grant oI extension to,
re-appointment of the Chief of the Naval Staff or the ChairmaD Ioint Oliefs of StaJf
Comnittee, and to provide for other related matte$, in light of the Honourable
Supreme Courgs judgpent dated 28n November, 2019, Passed in Constitution
Petitiol No. 39 of 2019.

The Bill is designed to achieve the aforesaid obiects'

L.,---_-;
Minister-in{iarge