[AS PASSED By TF|E NAT|oNAL ASSEMBLY]

A BILL

further to afiefld the Pakiitan Nar,"! OrdifiancL 1961

WHEREAS it is expedient furthe! to amend the 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;- 2

-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 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 and rctirement age and service limits Prcscribed for an Admiral, undcr the Rules 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 , in the Pakistan Nalry, or Air ChieI Marshals in the , for a tenure of three (03) yea6. 3

(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 , the provisions oI this Ordinanee shall be applicable to the suci Chaiinan,Ioint Chjefs of Staff Commiftee.

14E. Reappointment or exaension of the Chairman, Joint Chiefs of Staff 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:- 4

"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