Freedom of Information Ordinance, 2002.

ECURITY FORCE ORDINANCE, 2002
ORDINANCE LXXXIV OF 2002
An Ordinance, to provide for the constitution and regulation of the Karachi Port Security Force
[Gazette of Pakistan, Extraordinary, Part-I, 22nd October, 2002]
F.No.2(1)/2002-Pub., dated 22-10-2002.—The following Ordinance promulgated by the President is
hereby published for general information:
Whereas it is expedient to provide for the constitution and regulation of Port Security Force for
protection of ports property; safety of goods stored in the ports area for import or export; prevention;
inquiry and investigation of offences committed in connections with the affairs of the ports and matters
connected therewith or ancillary thereto;
And whereas the President is satisfied that the circumstances exist which render it necessary to take
immediate action;
Now, therefore, in pursuance of the Proclamation of Emergency of the Fourteenth day of October, 1999,
and the Provisional Constitutional Order No. 1 of 1999, read with the Provisional Constitution
(Amendment; Order No.9 of 1999, and in exercise of all powers enabling him in that behalf, the
President of Islamic Republic of Pakistan is pleased to make and promulgate the following Ordinance; CHAPTER 1
1. Short title, extent, and commencement.—(1) This Ordinance may be called the Karachi Port
Security Force Ordinance, 2002.
(2) It extends to the Ports limits of Karachi Port as defined under the First Schedule of this Ordinance.
(3) It shall come into force at once

2. Definitions. —In this Ordinance, unless there is anything repugnant in the subject or context,–
(i) “Board” means Board of Trustees of the Port of Karachi as defined in Karachi Port Trust
Act, 1886 (II of 1886);
(ii) “Chairman” means the Chairman of the Karachi Port Trust and includes any Acting
Chairman of the Trust as defined in the Karachi Port Trust Act, 1886 (II of 1886);
(iii) “Commandant” means any person appointed under section 4 as Commandant of the Port
Security Force or any person for the time being performing duties of Commandant;
(iv) “custody” means the arrest and confinement of a person;
(v) “Deputy Commandant” means any person appointed under section 4 as Deputy
Commandant of the Port Security Force or any person for the time being performing duties of
Deputy Commandant;
(vi) “Force” means the Port Security Force constituted and established under section 3;
(vii) “Magistrate” means a Magistrate appointed under this Ordinance;
(viii) “member” means a person, other that an officer, who is appointed to the Force and has
signed an affirmation in the form set out in the Third Schedule;
(ix) “officer” means a person who is so appointed to the Port Security Force and has signed an
affirmation in the form set out in the Third Schedule;
(x) “Port Area” means the Port Area specified in the First Schedule;
(xi) “prescribed” means prescribed under the rules or regulations under this Ordinance;
(xii) “Regulation” means regulations made under this Ordinance;
(xiii) “Rules” means rules made under this Ordinance; and
(xiv) “Schedule” means the schedule to this Ordinance;

3. Establishment, constitution and maintenance of the force, its powers and functions.—(1) The
chairman with the approval of the Federal Government shall establish, constitute and maintain a force to
be called the Karachi Port Security Force to maintain security and safety of the Karachi Port Area for
performing of the following functions, namely:–
(a) maintain law and order in the Port Area and take cognizance of offences committed therein or
connected thereto;
(b) controlling and regulating the admission of persons, to, and the conduct of persons in the
vicinity of Port Area;
(c) render all possible assistance to the Port users
(d) prevent loss to port property and any other property or goods for the time being within the
limits of the port and prevention of offences or contravention of any rule or regulation in respect
thereof;
(e) ensure proper conduct of persons in the Port Area;
(t) to keep Port premises clear of idlers, beggars, hawkers etc. and to keep a lookout for
suspicious persons, smugglers and other persons on the Port premises in contravention of rules,
regulations or orders for the time being;
(g) to regulate and control movement, traffic and parking of engines, fork lifts, cargo handling
equipment’s, trucks and vehicles and around the Port Area, prevent obstructions therein and
thereabouts anti enforce regulations with regard to them;
(h) enforce and implement the orders of Magistrate or any authorised officer or as defined under
the Land Control (Karachi Division) Act, 1952 (XI of 1952) in the Port area and priorities
wherein the Karachi Port Trust has any legal or equitable interest or lien;
(i) inquire into and investigate the offences under this Ordinance, its rules, regulations or any
other laws as may be prescribed by the Federal Government in this behalf by notification in the
official Gazette;
(j) bring into the notice of the Chairman any contravention, breach or violation of any law of
which the Force may not itself take cognizance;
(k) prevent pollution; spillage, waste fire hazards, chemical hazards, water hazards, biological
hazards, hazardous waste and hazardous substances and also prevent the generation, collection
transport treatment, disposal, storage, handling import, export of the same may be prescribed;
and
(l) such other functions connected with the purposes of this Ordinance as the Federal
Government may by notification in the official Gazette require the force to perform.
(2) In the discharge of their functions, the officers and members of the Force shall be guided by, and act
to accordance, with this Ordinance and the rules and regulations.
(3) The administration of the force shall vest in the commandant of the Force who shall administer it in
accordance with the provisions of this Ordinance, rules and such orders and instruction as may be made
or issued by the Chairman from time to time.
(4) The Force shall exercise his powers and perform his functions under the general supervision and directions of the Chairman.

CHAPTER – II
CONSTITUTION, SUPER INTENDENCE AND ADMINISTRATION OF THE PORT SECURITY
FORCE
4. Appointment of Commandant etc.–(1) The Board may, appoint any member in the service of
Pakistan to be Commandant of the Force.
(2) The Chairman may appoint any member in the service of Pakistan to be Deputy Commandant,
assistant Commandant and any other officer of the Force.

CONSTITUTION, SUPER INTENDENCE AND ADMINISTRATION OF THE PORT SECURITY
FORCE
5. Appointment of subordinate and ministerial staff.–(1) The Commandant or a person authorized by
the Chairman in this behalf tray appoint, subordinate and ministerial staff and other members of the
Force and determine the duties to be performed by such officer, staff and other members.
(2) Appointments under subsection (1) shall be made by direct recruitment or promotion or from
personnel on deputation from any of the Defence Services of Pakistan, the Civil Armed Forces, or any
other department of Government in such manner as may be prescribed.
Explanation.–In this subsection, “Civil Armed Forces’ means such forces as the Federal Government
may, by notification in the official Gazette, specify.
(3) The Commandant may appoint within the cadre the strength sanctioned by the Chairman, such-number
of Inspectors, sub-Inspectors, Assistant Inspectors, Selection grade `security guards and Security
guards as he may consider necessary for the efficient performance of the functions of the Force.
(4) the rank structure, number of the officers and other members of the Force shall be such as may be
prescribed by the rules;
(5) Subject to section 6, officers and members of the Force shall receive pay, pension, allowances and
other remunerations and shall enjoy such leave and other privileges as may be prescribed from time to
time.
(6) Before the person is appointed under subsection (1), the statement contained to the recruiting roll and
affirmation set out respectively in the second and Third Schedules shall, at any convenient place be read
out and, if necessary, explained to him who shall, in acknowledgement of the statement having been so
read out to him put his signature to it.
(7) When the affirmation set out in the Third Schedule is read out, it shall be repealed by the person
making affirmation before he signs it.
(8) Officers and members of the Force shall wear such uniforms as may be prescribed under the
regulations.

6. Members of Defence service of Pakistan to be subject to their respective laws.—Every officer and
member of the Force who is appointed under subsection (2) of section 5 on deputation from the Defence
Services of the Pakistan shall, remain subject to their respective Acts, as officers and persons enrolled
under the respective Act accordingly as they are respectively officers, junior commissioned officers and
other members of the Force.

7. Industrial Relations Ordinance, 1969 (XXIII of 1969) or any other labour law not to apply to
the Port Security Force. —Nothing contained in the Industrial Relations Ordinance, 1969 (XXIII of
1969) or any other labour law which is for the time being in force, shall apply to, or in relation to, the
Port Security Force or any person appointed under this Ordinance.

8. Powers and duties of the officers and members of the Force.–(1) An officer or member shall,–
(a) take effective measures for ensuring security of the Port for safeguarding the unlawful
interferences;
(b) safeguard persons, cargo and property of the Port within the limits of Port;
(c) prevent unauthorized persons and vehicles from access to the Port or other areas important to
the security of the Port;
(d) take effective measures for preventing sabotage, placement of any explosive items, dangerous
articles and carriage of arms and ammunitions in to the restricted areas of the Port and shall as
soon as he detects any contraband on the person or in cargo of any person checked by him notify
it to the Customs staff available at the Port for appropriate action under the Customs Act, 1969
(IV of 1969);
(e) use such arms and ammunition and equipment as may be authorised by the Commandant of
the Force or an officer authorised by him in this behalf for the purpose of this Ordinance;
(f) search and arrest without warrant any person who is suspected of endangering, or attempting
to endanger, or having endangered, the safety of the Port or may be necessary in the discharge of
the aforesaid duties:
Provided that no person shall be arrested by an officer below the rank of BS-16;
(g) perform such other functions as the ‘Chairman may require to be performed in relation to this
Ordinance; and
(h) search, detain or arrest any person, vehicle or vessel toy prevent or detect any offence under
this Ordinance or any other enactment in respect of the vessel, or by any person on board the
vessel, the vehicle or any person in the vehicle
Provided that no person shall be arrested by an officer below the rank of RS-16.
(2) The Commandant of the Force may, with the previous approval of the Federal Government, call for
police and military assistance in connection with unlawful activity on the Port, and when he does so, all
officers and members of the civil agencies operating at the Port shall function m accordance with the
directions of the authorities rendering such assistance.
(3) An officer, for the purposes of this Ordinance, shall exercise, within the Port areas as specified in the
First Schedule of the Ordinance all the powers of an officer in-charge of a police station, under the
Police Order, 2002 (Chief Executive’s Order No.22 of 2002) and the Code of Criminal Procedure, 1898
(Act V of 1898).

CHAPTER IV
SPECIAL OFFENCES
9. False pretense of membership of unlawful purpose.— Any person who, not being a member or
officer of the Force, puts on the dress or take the name, designation or character of a member or officer
of the Force for the purpose of obtaining admission into any house, ‘vessel or other place, shall be guilty
of an offence and, notwithstanding any other penalty to which he may be liable, shall be liable to a fine
of rupees ten thousand and to imprisonment for six months.

SPECIAL OFFENCES
10. Assaulting Officer or member in execution of duty, etc.—Any person who assaults or resists any
officer or member in the execution of his duty, or aids or incites any person so to assault or resist any
officer or member of the Force, or refuses to assist any officer or member of the Force in the execution
of his duty when called upon to do so, or who, by the giving of false information with intent to defeat or,
delay the performance of the officer and the member in the discharge of his duty, wilfully misleads or
attempts to mislead any officer or member of the Force shall be guilty of an offence and shall be liable
to a fine of rupees twenty five thousand or with imprisonment for six months or both.

11. Offences relating to disobedience of orders, obstruction and refusal of information. —Whoever
incites, persuades, otherwise endeavours, prevents or wilfully isobeys any direction lawfully given by
the member or officer of the Force in uniform of any person or authority empowered under this
Ordinance to give such direction or obstructs any person or authority in the discharge of any functions
which such person or authority is required or empowered under this Ordinance to discharge or being
required by, or under, this Ordinance supplies any information, withholds such information or gives
information which he knows to be false, if no other penalty is provided for the offence, shall be
punishable with imprisonment for a term which may extend to six months or fine which shah not be less
than rupees ten thousand and may extend to rupees twenty five thousand or with both.

12. Offences relating to prohibited appliances. —Whoever carries or is found in possession of any
items the carrying or possession of which is prohibited by rules made under this Ordinance shall be
punished with fine which shall not be less than rupees ten thousand and may extend to rupees twenty
five thousand and such items shall be forfeited to the Chairman.

13. Punishment for abetment of certain offences. —Whoever aids or abets the commission of any
offence under this Ordinance, its rules or regulations shall be punishable with the punishment provided
for the offence under Ordinance.

CHAPTER V
ADJUDICATION
14. Appointment or Magistrates. —(1) Notwithstanding anything contained in the Code of the
Criminal Procedure, 1898 (Act V of 1898) or any other law for the time being in force, the Government
may for the purposes of this Ordinance, appoint a Magistrates of First Class within the meaning of the
Code of Criminal Procedure, 1898 (Act V of 1898).
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898) or any
other law for the time bring in force, the Magistrates shall perform following functions, namely:-
(a) a Magistrate, who shall be assigned to the mobile units of the Force to patrol the. Harbour
area, with powers as shall be prescribed to monitor, arrest arid adjudicate offences, inclusive of
offences relating to safety, security and pollution of the Harbour and other offences. Such
Magistrate shall have powers to conduct summary proceedings and penalize and fine the
offenders in accordance with the Code of Criminal Procedure, 1898 (Act V of 1898).
(b) a Magistrate, located in the vicinity of the Port Area, adjudicating offence committed, under
this Ordinance; its rules and regulations, the Pakistan Penal Code, 1860 (Act XLV of 1860) as
per the Fourth Schedule and exercising power under the Code of Criminal Procedure, 1898 (Act
V of 1898), and in accordance with the law:
Provided that the Port Magistrate shall conclude the proceeding within thirty days of the commencement
of the proceedings.
(4) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898) or any
other law for the time being in force, the Judicial Magistrates shall in addition have all the powers and
exclusive jurisdiction under the Land Control (Karachi Division) Act, 1952 (XI of 1952) to adjudicate
matters relating to all movable and immovable properties of the Karachi Port Trust in accordance with
prevailing law:
Provided that in the matter of unauthorised occupation of land or buildings or unauthorised occupancy,
notice in writing shall be given by the Board to the trespassers, unauthorised occupants or lessees of
denlised leases with the Karachi Port, to vacate the properties of the Board within three weeks, to
remove unauthorised structure if any, and deliver vacant possession to the hoard. Failing compliance,
the Board may file a, complaint before a Magistrate appointed under this Ordinance, who shall issue
notice to the person to show-cause, why action should not be taken against him. After giving him a
hearing, the Magistrate may enforce the eviction of such person by such force as may be necessary and
order the removal or demolition of any or all unauthorised structures on such property:
Provided further that if the Magistrate authorises any officers to take such action, who may require
assistance of the Force to execute the orders, he may send a requisition for assistance of the Force to the
Police officer-incharge of a police station having territorial jurisdiction over the area in which the
property is situated. The officer-in-charge, upon receipt of such requisition from the Magistrate, shall
forthwith render the required assistance.
(4) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V 1898) or any
other law for the time being in force, the Force shall implement and enforce orders of the Magistrate
using any Force deemed necessary for compliance of the orders;

ADJUDICATION
15. Jurisdiction and procedure.—Notwithstanding anything contained in the Code of Criminal
Procedure, 1898 (Act V of 1898)–
(a) an offence under this Ordinance shall be cognizable.
(b) a Magistrate trying an offence under this Ordinance shall have power to try such offences in
accordance with the procedure laid down in the Code of Criminal Procedure, 1898 (Act V of
1898); and
(c) a Magistrate appointed under section,14 shall have Jurisdiction to try offences as per the
Fourth Schedule.

CHAPTER VI
MISCELLANEOUS
16. Indemnity.—No suit, prosecution or other legal proceedings shall be against any person for
anything which is in good faith done, or intended to be done, under this Ordinance or any rules or
regulations made thereunder.

MISCELLANEOUS
17 Power to make rules.—(1) The Board may, make rules–
(a) regulating the functions and powers of the officers;
(b) regulating the classes and grades of, and the remuneration to be paid to,-
(i) officers and members of the force and their conditions of service; and
(ii) generally for the purpose of carrying into effect the provisions of this Ordinance.

18. Power to make regulations. —The Commandant may, with the prior approval in writing of the
Chairman, make regulation consistent with this Ordinance and the rules for carrying nut the purposes of
this Ordinance.

19. Removal of difficulties.—If any difficulty arises in giving effect to any of the provisions of this
Ordinance, the Federal Government may make such orders not inconsistent with the provisions of this
Ordinance, as may appear to it to be necessary for the purpose of removing the difficulty.

FIRST SCHEDULE
Karachi Port limits as defined under section 3 of the Karachi Port Trust Act, 1886, under the Port Act,
1908 and under S.R.O. 307(KE)/91, dated 5th October, 1991, inclusive of the harbour waters bonded
area the Karachi Fisheries Harbour as defined under the Karachi Fisheries Harbour Authority Ordinance,
1984 including any wharves, building and other works made on behalf of the public for convenience of
traffic, for safety of vessels, or for the improvement, maintenance and good governance of the harbour
and including the vicinity of the Port limits.

SECOND SCHEDULE
(Recruiting Roll)
After you have served in the Port Security Force for such period as has been fixed under the Karachi
Port Security Ordinance, 2002, you may at any time when not on active duty, apply for your’ discharge
through the officer to whom you may be subordinate, to the Commandant, and you will be granted your
discharge after three months from the date of your application unless your discharge would cause the
vacancies in that unit of the Port Security Force to exceed one-tenth of the sanctioned strength, in which
case you shall be bound to remain until this objection is waived or removed. But when on active duty,
you shall have no claim to a discharge, and you shall be bound to remain to do your duty until the
necessity for retaining you in the Port Security Force ceases, when you may make your application in
the manner mentioned above.
Signed in acknowledgement of the above having been read out to me. I have understood the purport of
what has been read out.
Person Enrolled.
Date_________
Signed in my presence after I have ascertained that the recruit understood the purport of what he signed.
Commandant or other Enrolling Officer.

THIRD SCHEDULE
I,——————————– solemnly affirm in the presence of Almighty Allah that I will be
faithful and bear true allegiance to the Government of Pakistan and that I will, as in duty bound, honesty
and faithfully serve in the Port Security Force and go wherever I may be ordered by air, land or sea, and
that I will observe ,and obey all commands of any officer set over me even to the peril of my life.
Signed in acknowledgement of the above having been read.
Signed in my presence after I had ascertained that the person understood the purport of what he signed.
Commandant or other Enrolling Officer.
Roman Urdu Translation of Affirmation.
“Main……………………………….. Khuda-e-Taala ko hazir-o-nazirjankar khyuulus ke sath iqrar karta
hun kih hukumat ka sidq-I-dil se wafadar our itaatguzar rahunga our apna fart samjhunga kih Port
Security Force mein imandari our wafadari ke sath khidmat baja laun. Bharti hone ki sharit ke mutabiq
khushki, ho ya samundar ke raste jahan bhi jape ka hukam milega jaunga or jise mera afsar muqarrar kia
jaega uske tamam ahkam ki tamil our itat karunga, khuwah us mein mujhe jan ka khatra kiun na ho. ”

FOURTH SCHEDULE
SCHEDULE OF OFFENCES
All offences under Pakistan Penal Code (Act XLV of 1860) triable by Magistrate First C