The Pakistan Army Act (Amendment) Bill 2023 was approved by the Senate on Thursday in ISLAMABAD.

The measure was introduced by Defense Minister Khawaja Asif and unanimously passed by the Senate, expanding the powers of the Pakistan Army Act of 1952.
It has been proposed that the Pakistani military “may, upon direction or with the concurrence of relevant authorities of the appropriate government in the prescribed manner, directly or indirectly carry out activities related to, inter alia, national development and advancement of national or strategic interest.” This provision is found in the newly inserted Section 175-E (national development).
All such acts already undertaken shall be assumed to be and always have been legitimately done under this act, as stated in the proposed section, effectively providing legal cover for such operations in the past.
However, concepts like “national development” and “advancement of national or strategic interest” are not defined in the draft revisions.
According to the proposed Section 175-D (welfare through affiliated entities), the Pakistan Army is allowed to engage in activities that relate to or “generate proceeds” for, among other things, the welfare and rehabilitation of serving and retired personnel of the Pakistan Army, wounded personnel, and families of martyrs, in such a way as may be prescribed.
All such activities already completed must always be judged to have been legitimately done under this Act, hence this clause also provides legal cover for the past. The proposed Section 175-C addresses the health and restoration of “affiliated entities” as well.
The bill adds a new definition of “affiliated entity” in Section 8(1A). “Affiliate entities” are defined as “statutory bodies, trusts, foundations, organizations, and other entities as approved by the Federal Government that are affiliated with or controlled by the Pakistan Army.”
A new clause 4-A (convening authority) has been added to this section, defining a “court martial” convening officer.
Section 18 (retirement, resignation, release, or dismissal) is proposed to be revised so that the responsible authority may “accept or reject resignation” from a person who is governed by the law. To “retire, release, or discharge from the service” was all that was included in the original version of this section.
Proposed Section 18 further provides that the federal government, at the advice of the chief of army staff (COAS), may “retain” any person in the armed forces until the age of 60 if “exigences, extraordinary circumstances, or war is imminent or existing.”
The government has proposed adding Section 26-A(1) (unauthorized disclosure), which states, “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 offense, and on conviction by the court constituted under this act, be punished with rigorous imprisonment for a term not exceeding ten years.”
Any revelation, however, that has been allowed by the COAS or an officer legally empowered by him, per 26-A (2), is not considered an unlawful disclosure.
Information divulged in violation of subsection (1) shall be dealt with under section 59 of this Act read with the Official Secrets Act, 1923, as further provided in subsection (3) of section 26-A.
Any person who is or was subject to this act shall not engage in any political action for a period of two years following the date of his retirement, release, resignation, discharge, removal, or dismissal from the service, as stated in the proposed Section 26-B (political activity).
For the five years following his retirement, release, resignation, discharge, removal, or dismissal, a person who is or was subject to this act and who remained posted, employed, seconded, tasked, or otherwise attached on “sensitive duties,” as prescribed under this act, shall not engage in any political activity. This provision is added by Section 26-B (2).
Military personnel who have been covered by the proposed Section 55-A (conflict of interest) for the preceding five years are prohibited from working for, consulting with, or otherwise engaging with any entity that has a conflict of interest with any of the activities of the armed forces or its affiliated entities.
If convicted, the offender faces up to two years in prison and a fine of no more than Rs500,000. Similarly, Section 55-B (electronic crimes) states that any service member who commits an offense under the Prevention of Electronic Crimes Act (PECA), 2016 or relevant electronic, digital, social media laws with the ill intent to discredit, ridicule, or scandalize the armed forces may be prosecuted under the act and shall, on conviction, be punished with punishments given in PECA 2016.
To intentionally ridicule, scandalize, bring into hatred, or otherwise attempt to reduce the estimation of the armed forces or any component thereof is punishable by up to two years in jail under 55-C (defamation).
Section 176(2) (authority to create rules) has been proposed to be updated to include the word “retention” with the existing terms “release,” “discharge,” “removal,” and “dismissal” in reference to employees who are covered by the act.
If the necessity ever arises, the federal government can likely hire anyone.
Section 176 (L) of the Army Act, 1952 addresses deductions from salary and allowances for public and regimental obligations.
Section 176(Lb) was recently added, and it indicates that “the activities connected with or resulting in public utility, national development, disaster relief, advancement of national or strategic interests” are exempt.
The COAS has the authority to issue instructions for implementing the provisions of this Act and the rules and regulations promulgated thereunder, as stated in the newly proposed Section 176AA (power to issue instructions).
This, too, has benefited from the retroactive application of effect. It is proposed under proposed section 176-C that the COAS may transfer any of his duties and functions conferred upon or delegated to him under this Act to any officer or authority subordinate to him.
There is an amendment proposed for Section 176-D (validation), which reads as follows: “on commencement of the Pakistan Army (Amendment) Act, 2023… and notwithstanding anything contained in any other law for the time being in force, all rules, regulations, instructions, and orders issued and actions taken in purported exercise thereof, from time to time, shall always be deemed to have been validly issued, made, taken, or done under this act shall not be called into question on any ground whatsoever.”
The proposed changes in the bill aim to improve the efficacy of the existing army legislation, and they only apply to active and retired service members.
Some punitive elements have been added to the existing army laws through the revisions to make them more effective.