PART I ]
THE GAZETTE OF PAKISTAN, EXTRA., AUGUST 18, 2023
(b)
779
after clause (4), the following new clause shall be inserted, namely:—
“(4A) “convening authority” mean an officer who is empowered
to convene court martial under this Act;”; and
(c)
in clause (13), after the words “rules”, the expression “, regulations
and instructions” shall be inserted.
5. Substitution of section 10, Act XXXIX of 1952.—In the said Act,
for section 10, the following shall be substituted, namely:—
“10. Ineligibility for commissioning or attestation.—A person
who is not a citizen of Pakistan or a dual national or under the age of
eighteen years shall not be granted commission or attestation in the
Pakistan Army.”.
6. Amendment of section 17, Act XXXIX of 1952.—In the said Act,
in section 17, in sub-section (1), for the words “warrant officer”, the words “noncommissioned” shall be substituted.
7. Substitution of section 18, Act XXXIX of 1952.— In the said Act,
for section 18, the following shall be substituted, namely:—
“18.
Retirement, resignation, release or discharge.—The
competent authority may, as may be prescribed in this behalf, retire,
release, accept or reject resignation of, or discharge from the service, any
person subject to this Act:
Provided that owing to exigencies, extraordinary circumstances, or
if war is imminent or existing, the Federal Government may retain
compulsorily in service upto sixty years of age any person with the
recommendations of the Chief of the Army Staff and as prescribed in this
Act or the rules, regulations or instructions made and issued thereunder.
8. Insertion of new sections 26A and 26B, Act XXXIX of 1952.—
In the said Act, after section 26, the following new sections, shall be inserted,
namely:—
“26A. Unauthorisd disclosure.—(1) If any person, who is or has
been subject to this Act, discloses or causes to be disclosed any
information, acquired in official capacity, which is or may be prejudicial
to the security and interest of Pakistan or the Armed Forces of Pakistan,
shall be guilty of an offence, and on conviction by the court constituted
under this Act, be punished with rigorous imprisonment for a term which
may extend to five years.