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Ias Passed by the National Assemblyj IAS PASSED BY THE NATIONAL ASSEMBLYJ A BlLL furthzr to amefll the Pakistafl Air Force Act, 7953 WHERXAS it is eryedient fudher to amend the Pakistan Ah Force Act, 1953(W of 1953) for the purposes hereinafter appearing; It is hereby enacted as follows:- 1. Short title and commencemenl-(1) This Act shall be called the Pakistan Air Force (Amendment) Act, 2020. (2) It shall come into force at once and shall be deemed to have taken effect on the 27h day of November, 2019. 2. Amendment of Se(tion 4 Act VI of 1953.- In the Paiistan Air Force Act, 1953 (V1 of 1953), hereinafter referred to as the said Act, in section 4, alter clause(x, the following new clauses shall be in$eded, namely:- "(xa) "Chairman, Joint Chiefs of Staff Committee" means an officer who has been appointed as the Chairman, Joint Chiefs of Staff Committee, by the llresident in accordance with Article 243 of the Constitution of Islamic Republic of Pakistan, read with section 10D; (xb) "Chief of the Air staIf" shall mean the oflicer serving in the rank of the Air Chief Marshal, appointed by the President in ac.ordance with Article 243- of the Constitution of Islamic Republic of Pakistan read with section 10A;". 3. Insertion of new chapter, Act VI of 1953.- I4 the said Act, after Chapter II, the following new Chapter shalt be inserted, namely:- .) "CHAPTER II-A APPOINTMENT OF THE CHIEF OI TTIE AIR STAFF AND THE CHATRMAN, JOINT CHIEFS OF STA.FF COMMITTEE 10A. Appoinhnent of the Chief of the Atu StafI.-(l) The Prcsident shall, on the advice oi the Prime Minister, appoint an Air Chief Ma$hal as the Chief of the Aii.Stalt for a tenure of three (03) years. (2) The term6 and conditions of the Chief of the Air Staff shall be debermined by the Presidenl on the advice of the Prime Minister. 108. ReappointDtent or extension of the Chief of the Air Staff.- (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 rcapPoint the Chief of the Atu Staff for additional tenure of tluee (03) years, or extetul the tenure(s) of the Chief of the AiI Staff up to three (03) yea6, on such terms and corditions, as may be determined by the Pre6ident on tlre advice of the Prime Minister, in the national security interest or exiSencies, from time to time. (2) ,\otwithstanding anything contained in this Act or any other law, or any order or judgment of any Court, the appoinhnent, reappointment oi extensi(n of the Chief of the Air Sta4 or the exercise of discretion by the appointing authority in this regard, slmll not be called into question before any Court on any g()und whatsoever. 10C. Retiredent age and service limits of the Chief of the Air Staffr The retirement age and service limils prescribed for an Air Chief Marshal, uhd€r the Rules and Regulations made under this Act, shall not be applicable to the (lhief of the Air StafJ, during his tenure of appointment .eappointment or exteneion, subject to a maximum age of sixty-four (A) years. Ttrou8hout such tenurc(s:, the Crief of the Air Staff shall continue to serve as an Air Chief Marshal ir, the Pakistan -A.ir Force. 10D- Appointment of lhe Chairman, Joinl Chiefs of StaJf Committee - (1) The President may, on the advice of the Prime Minister, appoint a Chaiman, Joint Chiels of Staff Committee, ftom amongst Generals in the Pakistan Army, 3- Admirais in the Pakistan Nal'T, or Air Chief Marshals in the pakistan Air Force, tor a tenure of three {03) ycars. (2) The terms and conditions of the Chairman, .|oint Chiefs of Staff Committee shall bc determined by thc President on lhe advice of the Prime Minister. (3) If the Chairman, Joint Chiefs of Staff Committee is appointed from amongst Air Chief Marshals in the Pakjstan Air Iorce, the provisions of this Act shallbe applicable to such Chairman,, Ioint Chiefs ofstaff Committee. 10E. Reappointment ot extension of the ChairmarL Joint Chiefs of Staff Committee.- (1) Notwithstanding anything contained in thrs Act or any other law for the time being in force, the President, on the advice of the prime Minister, may eappoint the Chairmary Joint Chiefs of Staff Committee for additional tenurc of three (03) years, or extend the tenure(s) oI the Chairman, Joint ChieIs of Staff Committee up to three (03) years, on such terms and condrtjons, as may be determined by the President on the advice of the Prime Minister, in the national security interest or exigencies, ftom time to time. (2) Notwithstanding anything .ontained in this Act or any other law, or any order or judgment of any court, the appointment, reappointment or extension of the Chaiman, Joint Chiefs of Staff Committee, ot the exercise of discretion by the appointing authority in this regard, shall not be called into question befoE any court on any ground whatsoever. 10F. Retirement age and service limits of the Chairman, Joint Chiefs of Staff Cofirmittee.-In case an Air Chief Marshal of the Pakistan Air Force is appointed as the C:hairmary Joint Chiefs of Staff Committce, the retirement age and service limits, prescribed under the Rules and Regulations made under this Act, shall not be applicable to the said Air Chief Marshal during his tenure of appointment reappointmbnt or extension, subject to a maxihum age of sixty-four (&) years. Throughout such tenure, the Chairman, Joint Chiefs of Staff Committee, appointed under this Act, shall continue to sewe as Air Chief Marshal in the Pakistah Air Force.". 4 4. Amendment of section 18. A.t VI of 1953.-ln section 18, for the word "E./ery" the expressior! "Subiect to Chapfer II-A" every" shall be substitut€d and for the full 6top at the md, a colon shall be substituted and thereafter the following provisos shall be inserted, namely:- "Provided that the appointmenl reappoinknent, extensio[ and tenute (,f the Chief of the Air Staff shall be determined in accordance with sections 10A, 108 and 10C: Provided further that the appoinhnent, reappointment or extensiory and tenure of the Chairmary Joint Chiefs of Staff Commiftee shall be determin-.d in accordance with sections 10D, 10E and 10F.". 5. Amendment of section 202, Act VI of 1953.- In the said Act, in section 2t)2, in subGection (2). in sub-clause (a), aJter the word "the". occurring for the first timit, the cornmas and words "appointment, reappointment, extensior!" and after the ,,vord "Act", the words and commas "including the Chief of the Air Staff an(l the ChairmarL Joinl Chiefs of Staff Committee" shall be added. 5. Overriding effect.- (1) The provisions of this Act shall have effect notwithstanding anything contained in the said Act any other law, rules, regulations or bye-laws, notifications and other legal instruments lor the time being in for.e. (2) ln case there is any conflict between th€ provisions of this Act and any ,)ther law for the tirne being in force, the provisions of this Act shall prevail tc the extent of inconsistency. Stateme.nt of Obiectq and Reasons This Bill seeks to pakistan amend the provisions of the Air Force Act, 1959 so as to empower the President, on the advice of theiprime Minister, to speciry the knune and th€'terms and conditions of seririce of the Chief o{ the Atu S;ff o; Chairman, Chiefs of Ioint Staff Committee, inciuding the grant of extension to, an(l re_ appointment of the Chief of the Air Staff or the Chairman, Joint Chiefs of Staff Committee, and to provide for other related matters, in light of the Honou ?ble Supreoe Court's judgment dated 2grh November,2019, passed in Constik.tion Petition No. 39 of 2019. The Bill is designed to achieve the aforesaid obiects. .?-.s^*-.1-.- Minister-in-charge.
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