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Law on Employment, Promotion, and Retirement of Police and Gendarmes

LAW OF
EMPLOYMENT, PROMOTION AND RETIREMENT
OF POLICE AND GENDARMES

28 Mizan 1352

CHAPTER ONE: GENERAL PROVISIONS

ARTICLE 1: This law has been adopted in order to regulate affairs relating to the employment, education, rights and privileges of police and gendarmes.

ARTICLE 2: In this law the following terms shall denote the following meanings:

1. Police and Gendarmes: The XXXX of police includes from Third Satanman to Loi Passwal
   

A policeman is a person who as a XXXX of his successful graduation from one of the police XXXX XXXX XXXX has acquired his diploma and has officially joined the Police and Gendarmes force after taking the oath.

1. XXXX: XXXX XXXX XXXX XXXX military conscription in the Police XXXX XXXX XXXX or who has been employed as a XXXX employee upon XXXX.
   
2. XXXX²: The professional XXXX in specialized fields such as topography, XXXX XXXX XXXX music – who provide assistance XXXX XXXX XXXX of XXXX XXXX are called “specialist XXXX” (XXXX). They shall acquire the rights and privileges of the police after spending successfully one semester of training in one of the police schools. XXXX XXXX XXXX of the professional personnel and other XXXX officers who have XXXX such rights and privileges prior to the enforcement of this law shall be reserved.
   

ARTICLE 3: A person who enters the police XXXX XXXX the following oath:

“In the name of God, the Great, XXXX XXXX XXXX to the Country, the Republic, and to the People of Afghanistan, that I shall respect the laws and official obligations, that I shall XXXX XXXX from selfless efforts and sacrifice for the fulfillment of my duties and implementation of the laws and that I shall dedicate my life in order to perform my duties so that I avoid committing any offenses in my duties.”

ARTICLE 4: Police and gendarmes shall be held responsible for the administrative and security measures within the bounds of their XXXX entrusted to them; and shall be duty-bound to observe the principle of hierarchy.

Satanman roughly implies “sergeant” as one of the XXXX-XXXX police officers.

Loi Passwal denotes the highest commissioned police officer, roughly synonymous with the term “Commissioner.”

XXXX: Specialist officers.

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ARTICLE 5: Age of the police and gendarmes shall be determined on the basis of the nationality card (Tazkera) at the beginning of their employment. The ages of those who have been employed in the police and gendarmes force prior to distribution of the new tazairas shall be determined on the basis of their ages contained in their Sawaneh¹ recorded in their own handwriting. Should the age contained in the duplicate of the nationality card contradict the age recorded in the written Sawaneh, the age recorded in the Sawaneh book shall prevail.

CHAPTER TWO: REQUIREMENTS FOR ADMISSION
IN THE SCHOOLS OF POLICE AND GENDARMES

ARTICLE 6: A person who completes the following requirements can be admitted in the schools of police and gendarmes:

1. Must have acquired Afghan nationality.
   
2. His age shall not be less than seventeen and not over twenty-two.
   
3. Have good health physically and mentally.
   
4. Have good character and not have been sentenced by a court for the commission of a felony or a misdemeanor.
   
5. Have graduated from at least the ninth year (secondary) of schooling run by the Ministry of Education.
   
6. Shall not be less than 1.70 meters in height.
   

ARTICLE 7: Persons who meet the conditions set forth in Article 6 of this law can be admitted to the police school after passing the admissions examination in accordance with the principles laid down in the school’s regulations.

Police students who successfully complete one academic year in the school can be admitted as Third Satanmans in the police force.

ARTICLE 8: Police and gendarmes have been divided into four classes and thirteen grades as follows:

Class I

1. LOI-PASSWAL: equivalent to the military rank of Lieutenant-General and above the highest civil service grade (or Commissioner of Police).
   
2. PASSWAL: equivalent to the military rank of Major-General and First Grade of civil service for Deputy-Commissioner).
   
3. MAL-PASSWAL: equivalent to the military rank of Brigadier-General the Second Grade of civil service (or Assistant Deputy-Commissioner).
   

¹“Sawaneh” is comparable to the term ‘police personnel cards’ which includes the personal history written by the recruits and the subsequent records of their official life.

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Class II

1. SAMOON-WAL: equivalent to Colonel rank in the military and Third Grade of civil service (or Chief-superintendent of Police).
   
2. SAMOON-MAL: equivalent to the rank of Lieutenant-Colonel in the military and Fourth Grade of civil service (or Superintendent of Police).
   
3. SAMOON-YAR: equivalent to the rank of Major in the military and Firth Grade of civil service (or Chief-Inspector of Police).
   

Class III

1. SAM SARIYAN: equivalent to the rank of Captain in the military and Sixth Grade of civil service (or Inspector of Police).
   
2. SARMAN: equivalent to the rank of Lieutenant in the military and Seventh Grade of civil service.
   
3. FIRST SARAN: equivalent to a 2^nd Lieutenant of the military and Eighth Grade of civil service.
   
4. SECOND SARAN: equivalent to a Regional Sergeant-Major of the military and Ninth Grade of civil service.
   
5. THIRD SARAN: equivalent to a Company Sergeant-Major of the military and Tenth Grade of civil service.
   

Class IV

1. SAR-SATANMAN: equivalent to a Sergeant in the military (or Police Sergeant).
   
2. FIRST SATANMAN: equivalent to a Corporal in the military.
   
3. SECOND SATANMAN: equivalent to a Lance Corporal in the military.
   
4. THIRD SATANMAN: equivalent to a Private in the military.
   

ARTICLE 10: Appointment, transfer, promotion and retirement of police and gendarmes and the corresponding Hamradifs (specialist officers) shall be performed by the following authorities:

1. Class I and II on proposal of the Commandant General of police and gendarmes, consent of the Minister of Interior and the Prime Ministry and approval of the President of State.
   
2. Class III on proposal of the Commandant General of police and gendarmes and approval of the Minister of Interior.
   
3. Class IV on proposal of the Police Personnel’s Central Office and approval of the Police and Gendarmes¹ General Commander’s Office.
   

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CHAPTER THREE: RIGHTS ANDPRIVILIEGES OF POLICE
AND GENDARMES

ARTICLE 11: Rights and privileges of police and gendarmes are as follows:

1. Salary and increments.
   
2. Clothing, food and residence.
   
3. Leaves provided by law.
   
4. Promotion.
   
5. Retirement rights.
   
6. Health insurance.
   
7. Disability.
   
8. Rewards and bonuses.
   
9. Death benefits.
   
10. Other rights determined by law and regulations.
    
11. Resignation.
    

PART ONE

SALARY AND ITS INCREMENTS

ARTICLE 12: Salary shall mean the monthly sum of money paid to the police and gendarmes according to the Salary Table in return for their services.

ARTICLE 13: Salary equals the product of two figures – first, the monthly salary index and, second, the coefficient which has been accepted (ten) in the Salary Table. The Salary Table for police and gendarmes and the increase of its coefficient shall correspond and be equivalent to the table and coefficient determined for the military.

ARITCLE 14: The monthly salary index for police Satanmans whose coefficient is (ten) shall be as follows:

Third Satanman Second Satanman First Satanman Sar-Satanman

150 200 250 300

ARTICLE 15: Salary increments and privileges shall be effected in accordance with the grades criterion of the military.

In the ensuing instances, increments shall be added to the original salary:

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1. On acquisition of an academic degree verified by the academic and professional committee of the police.
   
2. If police or gendarmes perform a job under hardship, climatic conditions, labor-conditions or living conditions.
   
3. Job performance of specifically professional and technical nature.
   

PART TWO

CLOTHING, FOOD AND RESIDENCE

ARTICLE 16: Clothing, food, and residence of the police and gendarmes shall be provided from the State budget in accordance with the regulations.

PART THREE

LEAVES PROVIDED BY LAW

ARTICLE 17: Annual leaves of the police, gendarmes and the specialist officers are as follows:

1. They are entitled to twenty days’ vacation with the salary paid which they can make use of with the consent of their respective agency during the year.
   
2. Ten days’ leave to meet one’s personal needs with the agreements of his related office.
   
3. The police, gendarmes and Hamradifan can once, during the tenure of their offices, make use of twenty days’ leave with full salary including the increments with the consent of the respective authorities in order to go to Mecca for pilgrimage.
   

ARTICLE 18: Police, gendarmes and specialist officers in the advent of sickness shall benefit from the following sick leaves:

1. In cases of temporary sickness, police, gendarmes and specialist officers can take sick leave for five continuous days without the certificate by a physician provided that the total sick leave period does not exceed twenty days in a year. The patient must inform his office or squad of the incident on the first day of his sickness.
   
2. Affairs relating to sick leaves of police and gendarmes who serve in patrols and are subject to daily attendance reports shall be considered by their respective officers.
   
3. Should the police, gendarmes and the specialist officers become sick in excess of five continuous days or for more than twenty days during the year, on the presentation of his XXXX physician’s certificate, he can benefit from the sick leaves in accordance with the provisions of this chapter. Should such persons be covered by State Health Insurance, the insurance doctor’s certificate (and in other cases, the certificate of the legal physician; and in places without medical doctors, the certificate of the local administration chief) shall be accepted as the valid proof of sickness. Sickness days spent in addition to the legal period can be counted in lieu of other leaves provided by law.
   

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1. In cases of prolonged illness causing job discontinuity, upon verification of an authorized medical committee and subject to paragraph (a) of this Article, the police can benefit from the following sick leaves with salary payment in full:
   
   • (1) Should the patient’s tenure of office be up to five years – for three months.
     
   • (2) If the patient’s term of service runs over five years, up to ten years – for six months.
     
   • (3) If the patient’s length of service exceeds ten years – for one year.
     

If, on the expiration of a leave with pay as provided above, the police and gendarmes do not get well, after obtaining the opinion of the medical committee they shall be retired.

ARTICLE 19: Women police are entitled to fifty (50) days maternity leave with full payment of salary and its increments.

ARTICLE 20: Leaves provided by law for the police, gendarmes, and Hamradifan shall be considered as part of their service term.

ARTICLE 21: Police, gendarmes and Hamradifan assigned to ......, if in the event of absence do not present their excuses in writing within three days, shall be considered absent. And those who shall be subject to daily attendance reports, in case of failure to attend their squads (or legions) during the day shall be considered absent. Compelling circumstances (force majeure) are exceptions.

Three days’ salary shall be forfeited for one day’s absence and five days’ salary for half a day a absence.

Should the absence period exceed five days, the matter shall be investigated and the case shall be referred to the appropriate body for consideration.

Absence shall be entered in the “promotion form” (Sejel)¹ and shall not be considered as part of the service term.

XXXX from sensitive duties shall be subject to inquiry without any consideration of the time-leg, and the case shall be referred to the court.

ARTICLE 22: Attendance matters and related reports of the police and gendarmes and Hamradifan shall be supervised by chiefs of the respective offices as well as by the offices of personnel.

PART FOUR

PROMOTION

ARTICLE 23: Grade promotion means the raise or moving up of the police, gendarmes, and Hamradifan from one grade (or rank) to the higher grade (or rank). Salary promotion means the increase of salary in the same grade (or rank).

ARTICLE 24: Police, gendarmes, and Hamradifan can be promoted to a higher grade (or rank) under the following conditions:

a. Completion of the specified term of service.

¹“Sejel” is a special form to be filled by a superior for purposes of promotion (see Appendix).

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1. Acquisition of favorable Sejal.
   
2. Availability of the vacant post (the required higher grade or rank). Specialized personnel who continue their functions shall not be subject to this limitation.
   

Should more than one candidate of grade promotion aspire to the one and the same vacancy, the candidates¹ quality of Sejel, academic degree, the competence needed for managing that post, as well as the seniority (length of public service) shall be taken into account while approving the promotion.

ARTICLE 25: When police, gendarmes, and Hamradifan complete the conditions provided in paragraphs (a) and (b) of Article 24 of this law, but the required higher grade shall not be available, they shall benefit from the salary promotion as follows:

Every year twenty-five percent (25%) of the salary differential between his present grade and the higher grade shall be added to his salary. This addition continues until obtaining of the full salary of two higher grades.

ARTICLE 26: Ability (or fitness) of police, gendarmes and specialist officers shall be evaluated on the basis of the contents of Sejal.

ARTICLE 27: The Central Personnel Office must send the Sejel forms of the candidates entitled to promotion to their respective first superiors, officially, and confidentially, three months before the designated date.

Every one of the first and second superiors shall fill in the Sejel form within twenty (20) days from the date of receiving it in accordance with the instructions therein, and shall confidentially send it to the relative body. Office of Personnel, after making sure of the validity and legality of the Sejel completion, then presents it to the Promotion Commission.

ARTICLE 28: The Promotion Commission shall be assigned on proposal of the Commandant-General of Police and Gendarmes and the approval of the Minister of Interior.

ARTICLE 29: The time specified for the enforcement of promotion and retirement of police, gendarmes and Hamradifan shall be the months of Sombula and Hoot of every year.¹

ARTICLE 30: Service term for promotion of Satanmans in every grade shall be as follows:

1. To promote from grade third to second Satanman – four years.
   
2. To promote from grade second to first Satanman – four years.
   
3. To promote from first grade to Satanman to the rank Sar Satanman – four years.
   

ARTICLE 31: Promotion to the rank Sar Satanman shall be conditional to passing the course on Sar Satanman-ship.

1. (1) The Satanmans without high school training shall be required to complete the terms provided by Article 30.

¹The period for the approval of promotions and retirements has been changed form the months of Sombulla and Hoot to the 26^th day of Saratan (July 17) by a new Presidential Decree.

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(2) Capable Satanmans lacking high school training can be admitted to the Class of Commissars¹ on the basis of competitive examination provided that their ages shall not be over thirty-eight (38).

1. (1) Satanmans with high school training can be allowed to follow the course on Sar Satanman-ship after four years of successful service, and can be accepted to the Commissars Class under admission examination after two successful years of service, subsequent to passing the course on Sar Satanmanship.
   

(2) Commissar Class graduated shall enter the police and gendarmes force as Second Rank Sarans with equivalent privileges to college graduates.

(3) Satanmans who fail the course on Sar Satanman-ship or the Commissar Class shall continue their service at their acquired grades (or ranks) and can only benefit from salary promotion.

(4) Unsuccessful candidates of the Course on Sar Satanman-ship acquire the final change to enter the course provided they have not exceeded the age of thirty-six (36).

(5) Unsuccessful candidates of the Commissar Class may be admitted to the Commissar Class for the last change after three years of service provided their ages do not exceed forty (40).

(6) Should the Satanmans with high school training fail the course on Sar Satanmanship, they shall be subjected to the same terms for promotion as others.

ARTICLE 32: Service-term for promotion of classes I, II and III of police and gendarmes on obtaining favorable Sejel, shall be as follows:

1. Two years from Grade Three Saran to Second Saran.
   
2. Three years from Second Saran to Grade First Saran.
   
3. Three years from First Saran to Sarman.
   
4. Four years from Grade Sarman to Sar Sarman.
   
5. Two years from rank of Sar Sarman to the rank of Samoon Samoon Yar.
   
6. Five years from the rank of Samoon Yar to Samoon Mal.
   
7. Four years from Samoon Mal to Samoon Wal
   
8. Four years from Samoon Wal to the rank of Mal Passwal.
   
9. Three years from Mal Passwal to Pass Wal.
   
10. Three years from Pass Wal to Loi-Passwal.
    

REMARK: Police and gendarmes who become eligible for promotion from Class III to Class II shall be subject to higher courses, and upon achievement and the availability of post can be promoted. Those failing the course shall not be entitled to promotion. Yet can benefit from salary-promotion.

Commissars: Graduates of the Police Academy holding (B.A.) equivalent degree.

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ARTICLE 33: Conviction by a court sentence, disciplinary measures, absence exceeding three days and failure to pass a course examination shall result in the suspension of promotion for Sar Satanmans, Commissars and the promotion from Class III to Class II.

ARTICLE 94: Persons who become entitled to promotion on the basis of completing the tenure of service (seniority) and Sejel, but in the meantime have been accused of an offense and have been under investigation or put on trial, or have been considered guilty in the course or at the end of preliminary inquiries, cannot be promoted until the change has been removed or the accused has been acquitted by the court. When at the end of investigation or trial the charge has been legally removed or the accused has been found innocent, the person shall get promoted immediately from the time of his fulfilling the conditions for promotion (i.e. with retroactive effects). However, such promotion by no means shall imply raising two grades.

In the event of conviction, whether reduction or forfeiture of tenure and otherwise, promotion shall be suspended until the next Sejel, and the period of suspension from service shall not be counted for the promotion term.

Reserve service shall not be subject to this rule.

PART FIVE

RETIREMENT

SECTION ONE: RETIREMENT RIGHTS

ARTICLE 35: Retiring pensions of police and gendarmes who have served for ten years, subject to the provisions made in Article 15 of this law, shall be forty percent (40%) of the monthly salary of one’s original grade (or rank). For every additional year of service, 2.4 percent (2.4%) of the original grade’s salary shall be added to the pension.

ARTICLE 36: For a retiree whose tenure of office is less than ten years, the pension shall be two months’ salary of the original grade for every period, thereby at once terminating the retires a relations with the pension fund.

ARTICLE 37: Pensionees with thirty-five (35) years of seniority shall be entitled to the full salary (100%) of their original grades. If the term of service exceeds thirty-five (35) years, for every additional year of service in addition to the retirement pension, for months’ salary of the final grade shall be awarded as a bonus from the special fund of the agency.

ARTICLE 38: Pension rights of the retired and the disabled and of their dependents at the time of the salary increase of civil servants shall be proportionally increased as well.

ARTICLE 39: Pension rights of police, gendarmes and Hamradifan shall not exceed one hundred percent (100%) of the salary of their last grades.

ARTICLE 40: Police, gendarmes and Hamradifan shall subscribe to the pension fund in the following order:

1. Three percent (3%) from the total sum received in the name of monthly salary for his service.
   
2. Twenty-five percent (25%) of the salary of his first month of employment
   

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1. Differentials of the salary increase in the first month of a promotion.
   
2. Fifty percent (50%) of a salary-increase in the first month.
   

ARTICLE 41: Under the following circumstances police and gendarmes can request their retirement:

1. Police and gendarmes of Class II and III grades at the end of twenty (20) years of service.
   
2. Police and gendarmes of Class IV grades at the end of sixteen (16) years of service.
   

ARTICLE 42: Police and gendarmes shall retire under the following circumstances:

1. Retirement of the ranking officers and Satanmans shall be effected, with proper consideration given to their physical and mental strength, and the degree of their achievement in the performance of their jobs:
   
   • (1) Class I officers from age sixty (60) to sixty-five (65).
     
   • (2) Class II officers from age fifty (50) to sixty (60).
     
   • (3) Officers of Class III from age fifty (50) to fifty-five (55).
     
   • (4) Satanmans of Class IV from age forty-five (45) to fifty (50).
     
2. As a result of two unfavorable Sejels from two different origins.
   
3. Because of illness and disability if, on the confirmation of the medical commission, it impairs the capacity to fulfill one’s job.
   
4. On court verdict.
   

ARTICLE 43: Should the day and month of one’s birthdate not be specified in the handwritten Sawaneh and it contains only the year of birth, the end of Hoot of the same year shall be considered the birthdate.

ARTICLE 44: When persons under trial retire, half of their retiring pension shall be suspended until the case has been decided. If the court verdict does not forfeit his pension, the suspended rights shall be paid.

ARTICLE 45: When persons have been convicted by the court to deprivation of holding offices permanently, only the sum collected from the monthly salary as the percentage of a pension during his service shall be calculated and paid at once from the pension fund.

ARTICLE 46: Persons who are discharged (or removed) from offices by court decisions as well as person who resign under Article 72 shall receive their retirement pension unless the court issues the sentence of deprivation of retirement rights.

ARTICLE 47: Three years of the studies done after receiving the high school diploma or its equivalent for the first time shall be added to the retirement service term.

ARTICLE 48: Any period of imprisonment and absence shall be reduced from the retirement term.

ARTICLE 49: Half of the salary of the imprisonment days ordered by the court and all of the salary of the days of absence of the convict shall be transferred to the pension fund.

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ARTICLE 50: For persons who served during wars or insurrections, three days shall be added to their retirement term for every two days of service.

ARTICLE 51: Pensionees whose term of service is at least twenty (20) years can receive their retirement pension at once in case the government agrees. In such an event, their relations with the pension fund shall be terminated.

Likewise, such pensionees on the condition that they do not own more than twenty (20) jeribs¹ can acquire one economic unit of land in one of the government projects on the consent of the government. Such an economic unit shall be considered for their ten years of retirement pension at once thereby terminating their relations with the pension fund. Should the ten years pension exceed the price of the economic unit of land, the remainder shall be paid to the pensionee. If the ten years’ retirement pension be less then the price of one economic unit of land, the difference shall be collected from the retiring persons in cash.

Provisions of this Article apply on the persons who retire after the enforcement of this law.

PART SIX

DISABILITY

ARTICLE 52: If a police or gendarme as the result of an accident stemming form his duty or the performance thereof becomes disabled and thereby incapable of fulfilling his functions, he shall be entitled to receive the salary of one higher grade as his pension regardless of the number of years served.

ARTICLE 53: A person who comes disabled for cases other than performance of duty and is thereby incapable of fulfilling his functions shall receive his pension in accordance with the provisions of the law.

ARTICLE 54: Disability shall be ascertained by the authorized medical commission and becomes valid after the consent of the competent authority.

ARTICLE 55: The disabled police and gendarme shall be re-examined medically in three-year periods.

On removal of disability, the persons shall assume the “suspended position-with-salary” until his appointment and the disability pension shall be stopped.

PART SEVEN

DEATH (BENEFIT)

ARTICLE 56: A police or gendarme who dies because of an incident stemming form his duty or as a result of performing it, shall be promoted to one higher grade on the day immediately preceding his death, and the full salary of the said grade shall be paid to the dependents of the deceased as pension.

ARTICLE 57: For a police and gendarme student who, due to an occurrence stemming from the performance of duties, dies or becomes disabled, a retirement or disability pension equivalent to the salary of the grade which they would have originally assumed following their XXXX shall be calculated and paid to their dependents.

¹Jerib. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

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ARTICLE 58: For Satoonkais¹ who die for reasons provided in Article 56, five years’ salary plus the equivalent of their food expenses shall be calculated and paid to their dependents at once.

ARTICLE 59: If the death of a police or gendarme does not originate from events stemming form his duty or the performance thereof, his retirement pension shall be paid to his dependents in accordance with the provisions of this law.

ARTICLE 60: Police and gendarmes’ dependents in this law shall mean: husband, wife, unmarried daughter, son under twenty-one (21) years of age or engaged in learning or surviving his military draft. Unmarried sisters for whom the police and gendarmes are responsible for their livelihood shall be considered among their dependents as well.

Dependents entitled to pension shall be established by the preparation of legal deeds.

ARTICLE 61: Retirement and disability pensions of police and gendarmes on their death shall be transferred to their dependents in the manner that one persons shall be added to the number of dependents and the total salary shall be divided thereon. Then one person shall be reduced and the remainder divided equally among the dependents.

ARTICLE 62: Should the deceased’s wife be pregnant, the shares of the pension share of the dependents shall be established following the child’s birth according to Article 61 of this law.

ARTICLE 63: Pensionees who quit their citizenship lose their pensions, and it shall not be paid even if they return again.

ARTICLE 64: The son and brother of the deceased officer after twenty-one (21) years of age and in the event of schooling following their graduation, likewise the deceased’s wife, sister, and daughter on marriage, shall lose their pension shares.

The pension share ceased under this provision shall not be added to the shares of the rest.

ARTICLE 65: Dependents entitled to retirement or disability pensions from different sources shall benefit from their rights in toto.

ARTICLE 66: When an incumbent police, gendarmes, or Hamradifan passes away, the relative agency shall aware the sum of three months of his last salary to his dependents for the burial expenses.

PART EIGHT

AWARDS AND BONUSES

ARTICLE 67: The police, gendarmes and Hamradifan who display special competence in their services, shall be awarded by the issuance of awards (Taqdir-Nama)² and bonuses (Makafat)³ for the performance thereof.

¹Satoonkais: persons serving their conscription terms or draftees.

²Taqdir-Nama: an official act of appreciation issued by the authorities empowered by law to reward the official (be he police or other for his achievements and dedication.

³Makafat: generally signifies monetary awards granted to reward officers for their work.

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ARTICLE 68: Rewards, from the viewpoint of their importance, shall e divided in the following degrees:

1. First Degree award.
   
2. Second Degree award.
   
3. Third Degree award.
   

A First Degree award can be bestowed by the President of the State directly or on the proposal of the related agency to persons who under extraordinary and urgent circumstances render outstanding services. Those receiving First Degree awards shall be promoted to one higher grade notwithstanding the reservation of their seniority rights.

A Second Degree award can be bestowed by the Prime Minister directly or on proposal of the respective authorities to persons who perform services of extraordinary nature. Those receiving Second Degree awards shall be granted one “additional year of service (or seniority).”

A Third Degree award can be bestowed by the Minister directly or on the recommendation of department (or bureau) chiefs to persons in return for special services. Those receiving Third Degree awards shall be paid three months’ salary with all of its increments.

ARTICLE 69: When police, gendarmes and Hamradifan perform their services in an appropriate manner with impressive diligence, they can be given a letter of appreciation or a bonus not exceeding two months’ salary with the full increments thereof.

ARTICLE 70: Rewards, letters of appreciation and bonuses and penalties shall be entered in the personnel file.

ARTICLE 71: Medals and awards for police, gendarmes and Hamradifan can be awarded in accordance with the provisions of the Law of Medals and Awards¹ similar to their military counterparts.

PART NINE

RESIGNATION

ARTICLE 72: Police, gendarmes and Hamradifan acquire the right to resign after fifteen (15) years of service in the police administration. This period shall be calculated from the beginning (of service).

ARTICLE 73: As to persons requesting their resignations prior to the said time allowance provided in Article 72, all of the schooling expenses shall be divided over (15) and the years served shall be subtracted and the remaining of the total expenses shall be collected from them, and then their resignation shall be accepted.

ARTICLE 74: Persons sent abroad for further education or probationary experience cannot resign until they return to the country. Family salary of violators shall be terminated.

ARTICLE 75: Resignation requests of police, gendarmes and Hamradifan shall be submitted through the channels of the Office of the Commandant-General of Police and Gendarmes.

¹Law of XXXX XXXX 1830.

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ARTICLE 76: Police, gendarmes and Hamradifan who submit their requests for resignation shall not quit their jobs until their dismissal has been officially given to them by the Central Personnel Office. The Central Personnel Office has been obligated to notify the person requesting the resignation of its approval or the legal hindrances thereof within here months.

ARTICLE 77: Collective resignation is not permissible.

ARTICLE 78: The resigned police, gendarme and Hamradifan shall not be admitted into the police service except in a state of emergency and therefore only on the approval of the General Commandant of Police and Gendarmes.

ARTICLE 79: The resigned police, gendarme, and Hamradifan after the lapse of one year of “suspension without pay” can be employed by other government agencies at equivalent civil grades.

ARTICLE 80: Police, gendarmes and Hamradifan can receive their retirement pension after the lapse of one year of suspension.

ARTICLE 81: Authorities competent for approving the promotion of police and gendarme shall have the power to approve their resignations.

ARTICLE 82: Police and gendarmes cannot resign during the assignment period provided it does not exceed a year.

ARTICLE 83: Imprisonment term imposed by the courts’ sentence shall not be considered in calculation of the (15) years’ tenure incidental to requesting resignation.

ARTICLE 84: A police, gendarmes, or Hamradifan who become engaged to or married to a foreign woman shall be considered as resigned. Women who have acquired Afghan citizenship ten years before shall not be subject to this provision.

With regard to schooling expenses, provisions of Article 73 shall apply thereon.

ARTICLE 85: When resignation originates from mental disease, the resigned person seeking re-employment can be admitted in the service after medical examination provided he has not reached the retirement age.

ARTICLE 86: Police, gendarmes and Hamradifan shall not be entitled to resignation during a state of emergency and while being engaged in extraordinary assignments.

ARTICLE 87: If a police, gendarmes and Hamradifan ceases to attend his job for twenty (20) days inclusive of holidays without written permission, or fails to occupy a new post within twenty (20) days after being notified thereof, he shall be considered as a resignee. Schooling expenses shall be collected subject to Article 73 of this law.

CHAPTER FOUR: TRANSFER

ARTICLE 88: Police, gendarmes and Hamradifan shall be transferred on the following occasions:

a. When the specialty skill of the police, gendarme or Hamradifan XXXX XXXX fitness for the service result in further improvements of work.

1. On the completion of one Sejel term.
   
2. On receiving unfavorable Sejel.
   

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ARTICLE 89: Appointment and transfer of police, gendarmes and Hamradifan shall be within the discretion of the offices authorized to approve their promotion.

The said authorities shall reserve the right to delegate power to one-step lower offices.

ARTICLE 90: Transfers and removals of the police and gendarme forces during the state of emergency shall be effected on the government’s advice (or discretion).

ARTICLE 91: Police and gendarmes shall continue the performance of their original duties until the steps necessary for transfer have been completed.

CHAPTER FIVE: DISCIPLINARY PROVISIONS

ARTICLE 92: In disciplinary offenses and petty offenses, all police, gendarmes and XXXX have the right and authority to apply disciplinary sanctions on their subordinates or as provided in the Function Table.

FUNCTION TABLE

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CHAPTER SIX: MISCELLANEOUS PROVISIONS

ARTICLE 93: When necessary, police and gendarmes officers, who shall be of sufficient capability and have served at least for one promotion term on their original grade’s salary, can be appointed to one class higher position. In such a case, the police and gendarme officers shall acquire the authority and responsibility of the said post from the appointment and shall be entitled to full salary plus its increments. Transfer and appointment of such persons shall be exercized by the authority who possess the power to approve the promotion to that post.

ARTICLE 94: Civil servants who have been employed under the provisions of the Civil Servants Law¹ in the police and gendarmes offices for the performance of different functions, except in cases expressly prescribed in this law, are subject to the provisions of the Civil Servants Law.

ARTICLE 95: Civil servants, professional personnel, contract employees, and the rest of the police and gendarme officials shall be entitled to benefit from the Corporative Fund, Health Insurance, salary differentials on regional basis and other salary increments in accordance with the regulations adopted therefore.

ARTICLE 96: Contract employees (Mostakhdemin and Ajiran)² denote domestic and foreign persons employed for the performance of temporary services on contract by the police and gendarme agencies.

ARTICLE 97: Rights and privileges of the contract employees of police and gendarmes shall be regulated according to the criteria valid for the military contract employees, and in affairs relating to their trial and discipline shall be treated as that of police and gendarmes.

ARTICLE 98: In misdemeanor and felony crimes stemming from duty, the personnel of police, gendarmes and Hamradifan shall be prosecuted by the special police courts determined by the State. The authority to issue order for the trial of police and gendarme personnel rests with the office having the power to approve their promotion.

ARTICLE 99: The suspect shall receive full salary in the course of investigation and trial. In the period after conviction, provided the sentence does not exceed one year of imprisonment, it should not include a verdict of dismissal and permanent deprivation of holding public office, and in ordinary imprisonments, three-fourths of salary and its increments. On imprisonment under severe conditions, one-half of the salary and its increments shall be given.

ARTICLE 100: When personnel relating to the police and gendarme force are suspended from their office permissibly for the settlement of civil and personal cases or for the above purpose be summoned by government agencies, they can benefit from the leaves provided by law to fulfill the above-stated object; if it involves a longer period than the legal leaves, they shall not receive salary for the excess days.

ARTICLE 101: Whenever personnel relating to the police and gendarme force have been XXXX for testimony as witnesses or the performance of duties from one place to another, fare and other travel expenses shall be paid by the XXXX administration.

¹Law of 9 Hoot 1349.

²Mostakhdemin: implied professional employed under special contracts; and Ajiran, the manual workers. However, in the Civil Servants and the Contract Employees Law, the term ajir has been rightly used to denote both categories of the contract employees.

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ARTICLE 102: Successful freshman students of the Commissar (i.e. Police Academy) and graduates of Satanman class shall be recognized as Third Satanmans. The present second and third-year students of the Commissar shall follow their previous training system, the third-year graduate shall be recognized as Second Saran, and those failing the second year shall be considered as Second Satanmans. Students failing the third year of the Commissar, if the third class does not exist, shall be regarded as Second Satanmans, rights notwithstanding.

ARTICLE 103: This law shall come into force after its publication in the Official Gazette. With the enforcement of this law, the provisions of other laws in conflict with the provisions of this law shall be repealed.

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APPENDIX

PHOTO

(to be attached here)

REPUBLIC OF AFGHANISTAN

SEJEL FORM

of the

POLICE OF THE REPUBLIC

DATE: YEAR:

(continued)

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SEJELS CRITERIA

(continued)

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SEJELS CRITERIA (Cont.)

Name and Post of First Superior: Name and Post of Second Superior:

Date and Signature: Date and Signature:

Opinion of the

Promotion Commission:

Decision of the

Authorized Superior

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EXPLANATIONS

The Superior evaluating his subordinate shall fill in the Promotion Form (SEJEL) with due regard to the principle of justice and with the complete impartiality (or objectivity) as follows:

1. The officer’s capability (or competence) shall be evaluated in accordance with the law vis-à-vis every item enumerated (described in the Sejel.
   

-One point is given when the officer’s capacity be discerned as neither satisfactory nor reformable.

-Two points shall be given when it is found that despite his unsatisfactory performance, he can be improved (ameliorated).

-Three points shall be awarded when he is considered as average.

-Four points will be awarded when his performance is of high quality.

-Five points shall be awarded when his performance is distinguished (excellent).

1. When evaluating the performance and capability of an officer, the point shall be determined for every “criterion” as a whole regardless of the explanatory instances. Thus, for example, in relation to Criteria No.8 (Power of Direction and Leadership or Administration), if the officer who is evaluated be of exceptional capability (or excellent), in the column proper, the figure (5) shall be encircled and in the next column (FIVE) be written in letters.
   
2. When filling in the Sejel from, the officer’s status (e.g., incumbent, or suspended, etc.) shall be designated under law.
   
3. Rewards and punishments and absence in the interval between past and present Sejal shall be determined. Rewards and punishments contained in one Sejel shall not enter into the next one.
   
4. Criterion No.8 (Power of Direction and Leadership) solely relates to posts with subordinates under their command.
   

To promote to a higher grade an average of fourth shall be needed, and for salary promotion, an average of three of total grades received shall be required.

In either case, it is essential that the average grades for Criteria I and Ii provided in the Sejel form shall not be less than four; otherwise, the officer’s promotion shall be suspended for the said term.

Considering the nature of duties, if evaluation of the officer’s capability shall not be necessary via-a-vis certain criterion (or criteria), the points relating to such criteria shall not be included in the sum total of the grades.

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