Law of Service in the Palestinian Security Forces No. 8 of 2005

Law of Service in the Palestinian Security Forces No. 8 of 2005

The Chairman of the Executive Committee of the Palestine Liberation Organisation,

The President of the Palestinian National Authority,

Having reviewed the Amended Basic Law,

Based upon the approval of the Legislative Council during its session of 11 May, 2005, and in the name of the Arab Palestinian People,

I hereby promulgate the following law:

Section I. Service of Officers

Part I.

First. Definitions and General Provisions

Article 1

In applying the provisions of this law, the following terms and expressions shall have the meanings specified below, unless the context determines otherwise:

National Authority: The Palestinian National Authority.

President: The President of the National Authority.

Council of Ministers: The Council of Ministers of the National Authority.

Prime Minister: The Chairman of the Council of Ministers.

Security Forces: The Palestinian Security Forces.

Supreme Commander: The President of the National Authority in his capacity as the Supreme Commander of the Security Forces.

Competent Ministry: The Ministry of National Security, the Ministry of the Interior or the Head of General Intelligence, as required.

Competent Minister: The Minister of National Security, the Minister of the Interior or the Head of General Intelligence, as required.

Commander-in-Chief: The Commander-in-Chief of the National Security Forces and the Palestine National Liberation Army.

Medical Committee: The specialised medical committee established pursuant to the provisions of this law.

Committee of Officers: The Committee of Officers for the Security Forces established pursuant to the provisions of this law.

Soldier: Any officer, non-commissioned officer or individual in the Security Forces.

Salary: The basic salary to which the increment of the nature of work, regular increments and the increment of the cost of living shall be added.

Record of consumer prices: The record of consumer prices issued by the Palestinian Central Bureau of Statistics, which is used for assessing the cost of living.

Military service: The service in the Security Forces pursuant to the provisions of this law.

Active service: Any active service spent in the military service.

Additional period of service: All periods of active service spent outside the central areas of forces; their place and duration shall be determined by decision of the competent minister.

Missing service: Any periods of service to be deducted from the period of active service pursuant to the provisions of this law.

Military rank: A rank granted to a soldier upon the commencement of his appointment or to which he is promoted, pursuant to the provisions of this law.

Promotion: The hierarchy of promotion of a soldier from one rank to a higher rank pursuant to the provisions of this law.

Demotion of the rank: The degradation of a soldier to a rank lower than the one which he holds pursuant to the provisions of this law.

Removal of the rank: The deprivation of a soldier of the rank which he holds and his degradation to the rank of a soldier pursuant to the provisions of this law.

Dismissal from military service: A dismissal from military service pursuant to a decision issued by a Military Court.

Register: The General Register of Seniority.

Article 2

The provisions of this law shall apply to officers, non commissioned officers and personnel working in the Security Forces.

Second. Security Forces

Article 3

The security forces shall be comprised of:

1. The National Security Forces and the Palestine National Liberation Army.
2. The Internal Security Forces.
3. The General Intelligence.

Any other force or forces which are existent or to be established shall be part of one of the above three forces.

Article 4

1. In cases of utmost necessity and for a temporary period, the following may be summoned to service in the security forces:

1. Officers whose services expired for non-disciplinary reasons.
2. Those assigned by special orders.

2. The bylaw of this law shall regulate the recalling to service.
3. The wearing of the military uniform for civilians or civilian entities may be allowed pursuant to the rules and regulations of the bylaw of this law.

Article 5

Officers in the Security Forces shall be appointed from among the following categories:

1. Graduates of Palestinian military colleges and institutes, as well as graduates of other military colleges and institutes which are legally recognised.
2. Specialised persons holding first university degrees from a Palestinian university or their equivalents from a legally recognised university, who join scheduled military courses.
3. Graduates of technical institutes who hold secondary school certificates and who join scheduled military courses.

Article 6

The military ranks of officers in the Security Forces shall be as follows:

1. Lieutenant.
2. First Lieutenant.
3. Captain.
4. Major.
5. Lieutenant-Colonel.
6. Colonel.
7. Brigadier-General.
8. Major-General.
9. Lieutenant-General.

Article 7

The National Security Forces are a regular military body which performs its functions and commences its jurisdiction under the leadership of the Minister of National Security and under the command of the Commander-in-Chief, who shall issue the decisions necessary for the administration of its work and the regulation of all of its affairs, pursuant to the provisions of the law and the bylaws issued therewith.

Article 8

1. The Commander-in-Chief shall be appointed by decision of the President.
2. The appointment of the Commander-in-Chief shall last for three (3) years, which may be extended for one (1) year only.

Article 9

Appointment in the following functions shall be pursuant to a decision of the Minister of National Security and upon the nomination by the Commander-in-Chief, based upon the recommendation of the Committee of Officers:

1. Heads of units and directors of directorates.
2. Commanders of military areas.
3. Military attachés.

Article 10

The Internal Security Forces are a regular security body which performs its functions and commences its jurisdictions under the leadership of the Minister of the Interior and under the command of the Director-General of Internal Security, who shall issue the decisions necessary for the administration of its work and the regulation of all its affairs.

Article 11

1. The Director-General of Internal Security shall be appointed by decision of the President and upon nomination of the Council of Ministers.
2. The appointment of the Director-General of Internal Security shall last for three (3) years, which may be extended for one (1) year only.

Article 12

Appointment in the following functions shall be pursuant to a decision of the Minister of the Interior and upon the nomination by the Director-General of Internal Security, based upon the recommendation of the Committee of Officers:

1. The Director-General of the Police and his Deputy.
2. The Director-General of the Preventive Security and his Deputy.
3. The Director-General of Civil Defence and his Deputy.
4. The heads of units and directors of directorates.

Article 13

The General Intelligence is an independent regular security body, which is affiliated with the President and which performs its functions and commences its jurisdiction under the leadership of its Head and under his command, who shall also issue the decisions necessary for the administration of its work and the regulation of all of its affairs.

Article 14

1. The Head of the General Intelligence shall be appointed the President.
2. The appointment of the Head of the General Intelligence shall last for three (3) years, which may be extended for one (1) year only.

Article 15

1. The Deputy of the Head of the General Intelligence shall be appointed by the President and upon the nomination of the Head of the General Intelligence.
2. The appointment in the function of a director of a department in the General Intelligence shall be by its Head.

Article 16

Pursuant to the provisions of this law, an administration, which shall be called the ‘Administration of Officers’ Affairs for the Security Forces’, shall be established. Its director shall be appointed by the President.

Part II. The Committee of Officers

Article 17

Pursuant to the provisions of this law, a committee, which shall be called the ‘Committee of Officers for the Security Forces’, shall be established and comprise the following:

Commander-in-Chief – as Head.

Deputy of the Head of the General Intelligence – as Member.

Director-General of Internal Security – as Member.

Director of the Administration of Officers’ Affairs – as Member.

Director-General of the Police – as Member.

Director-General of the Preventive Security – as Member.

Director-General of the Civil Defence – as Member.

Commissioner-General of National Guidance – as Member.

Two members to be appointed by the President

Article 18

A subcommittee of officers shall be established in the National Security Forces, Internal Security Forces and General Intelligence each. It shall submit its recommendations to the Committee of Officers.

Article 19

The Committee of Officers shall be authorised to hear all matters and issues pertaining to the affairs of officers, particularly the following:

1. Commencement of the appointment of officers in the Security Forces.
2. Promotion.
3. Transfer to provisional retirement or termination of service and acceptance of resignation.
4. Dispensing with service.
5. Re-enlistment in the Security Forces or transfers therefrom.
6. Recommendations to grant officers decorations, badges and medals.
7. Selection of members of military missions form among candidates nominated thereto.
8. Licensing of officers in secondment or educational leaves pursuant to the relevant rules and regulations.
9. Determination and redemption of seniority.
10. Appointment of officers to command positions and staff and other main functions.
11. Appointment of officers ranking Brigadier-General and Colonel in various functions.
12. Delegation of officers of various ranks outside of their units.
13. Transfer of officers from one force to another within the Security Forces.
14. Selection of officers recommended for studying at the Staff College or for any other studies.
15. Recalling of officers whose services have expired, reserve officers and assigned persons for active service, in addition to their promotions or the deletion of their names from the Register of the Security Forces.

Article 20

1. The Committee of Officers shall convene under the presidency of its Head. It shall hold its meetings once every six (6) months upon the invitation of its Head. The meeting shall be valid with the attendance of two-thirds (2/3) of its members, its discussions shall be confidential, and its decisions shall be issued by the absolute majority of its members. Its decision shall not become effective except upon approval of the President.
2. If a matter concerning one of its members is raised before the Committee, the member may not attend the meeting during which the matter is discussed.
3. The decisions of the Committee of Officers may not be promulgated before they are approved and published in the Military Report. Such publication shall be deemed a legal promulgation.

Article 21

The Committee of Officers may summon any competent commander for the discussion of a matter or issue concerning an officer under his command in order to receive information about him.

Article 22

1. The Committee of Officers may not dispense with service of any officer or transfer him to provisional retirement in a disciplinary manner, except after notifying him of the charge against him and confronting him no sooner than fifteen (15) days thereafter to hear his defence. The Committee of Officers may grant him an appointed period of time to submit his defence in writing and may issue a decision in his absence if he fails without justified excuse to appear before it upon its request. Once an officer qualifies for promotion, the aforementioned measures shall apply to him. The Committee may postpone his promotion for reasons which it shall make clear in its decision, provided that it adjudicates the case of the officer within three (3) months from the date of the postponement. An officer may request to appear before the Committee of Officers upon his petition to be reinstated to service or upon the discussion of his missing seniority for matters concerning subjects falling within its jurisdiction.
2. The Committee of Officers shall issue its justified decisions concerning officers in the light of the reports kept in their files, other official papers and personal information of the members.

Part III.

Chapter I. Commencement of Appointment, Seniority and Appraisal Reports

First. Commencement of Appointment

Article 23

The appointment of an officer in the Security Forces shall commence in the rank of Lieutenant under probation for a period of one (1) year, at the end of which he shall be treated in one of the following manners:

1. Be appointed to service as Lieutenant if he is recommended to be assigned.
2. Be granted a period of one (1) more year under probation, during which the officer shall serve in a unit other than his first one in the same force in which he is appointed and at the end of which period, he may be appointed to service in his original seniority.
3. Be dismissed from his service.

Article 24

1. With the exception of the provisions under the preceding Article, the appointment of an officer may commence:

• In the rank of Firs Lieutenant if he falls under paragraph 2 of Article 5.
• In a rank higher than the rank of First Lieutenant, if he has special qualifications which are not available in the Security Forces in which he is to be appointed as occasion may require.

2. The appointment of the officers mentioned under the preceding paragraph shall be for a period of one (1) year under probation, at the end of which they shall be treated pursuant to the provisions under the preceding Article.
3. The bylaw of this law shall determine the qualifications required from officers who are included under paragraph 1 of this Article.

Second. Seniority

Article 25

A ‘General Register of Seniority’ for all acting officers in the security forces shall be established in the Administration of Officers’ Affairs.

Article 26

1. Seniority in rank shall begin with the date of appointment therein or promotion thereto. If the decision of appointment or promotion includes more than once officer in one rank, seniority shall be in accordance with the previous rank.
2. Seniority shall begin with the appointment of the officer in accordance with the order of graduation if he is a graduate of a military college and or an institute, and in accordance with the order of graduation from the scheduled training course if he falls under paragraph 2 of Article 5.

Article 27

1. An officer who was transfererred from the Security Forces, resigned from military service, or had his services terminated for non-disciplinary reasons shall have his name deleted from the Register.
2. An officer falling under the preceding paragraph may be reinstated if his last two annual appraisal reports in his last position are marked at least as ‘good’. A period not to exceed three (3) years from the transfer of an officer, resignation or termination of service shall be required for the restitution of his appointment, in which event, he shall be appointed in his former seniority. If it is decided to reinstate him to the service following the lapse of the period set forth in the preceding clause, the interruption of his service shall be deemed a missing period.

Third. Appraisal Reports

Article 28

1. The branch of administration of each security force shall allocate two files for each officer in the Security Forces, the first one of which shall be the service file, and the second shall be the confidential file. All papers and information related to the officers’ service shall be kept in the service file, while confidential reports and other information of a confidential nature shall be kept in the second file in the manner set forth in the bylaw of this law.
2. A service file and a confidential file for all officers of the Security Forces, including all the information mentioned under the preceding paragraph, shall be established in the Administration of Officers’ Affairs.

Article 29

1. Officers shall be subject to a system of appraisal reports in the following manner:

• An appraisal and appointment report every six (6) months for officers appointed under probation.
• An appraisal report each year for appointed officers, raking from Lieutenant to Major-General.
• A brief appraisal report for officers who were assigned with special missions inside or outside of Palestine.

2. The Committee of Officers may issue special appraisal reports, such as reports of recommendation of service, reports recommending eligibility for command, and reports recommending the awarding of decorations, badges and medals and the like.
3. Under exceptional circumstances, a special appraisal report may be written about an officer by his direct commander upon the request of the Commander-in-Chief, the Director-General of Internal Security or the Head of the General Intelligence, as occasion may require, if the officer is not suitable for service for any reason whatsoever.
4. That an officer is under interrogation or trial shall be referenced in the annual appraisal report. The allegations against him shall bear no effect upon the writing of the report, unless he is convicted.

Article 30

An officer who receives an unsatisfactory annual appraisal report shall be notified of the content of such report if the Committee of Officers approves of the report. He shall have the right to present his response to the unsatisfactory annual appraisal report before the Committee within fifteen (15) days from the date of his notification. The Committee shall adjudicate his complaint, and its decision in this regard shall be final.

Article 31

If an officer receives an unsatisfactory appraisal report, in which it is mentioned that the officer is not eligible for his current function, for another function, or for promotion, such an unsatisfactory appraisal report shall be raised before the Committee of Officers. The bylaw of this law shall determine the procedures to be followed in such cases.

Chapter II. Promotion

First. General Rules of Promotion

Article 32

Promotion from the rank of Lieutenant up to the rank of Lieutenant-Colonel shall be by general seniority, provided that the following conditions of eligibility are fulfilled:

1. Annual appraisal reports shall be with an evaluation of at least ‘good’, and the information stated in the confidential file shall be satisfactory.
2. Completion of the periods of time scheduled for each rank for the service in field units.
3. Completion of the obligatory educational courses or obtaining such academic qualifications as the Committee of Officers determines.
4. Completion of the minimum time-limit for service in each rank.

In all cases, the approval of the Committee of Officers shall be required for filling vacant ranks in the organizational structure. The bylaw of this law shall determine the conditions of qualification set forth under paragraph 3 of this Article.

Article 33

Promotion to the rank of Colonel, Brigadier-General and Major-General shall be by selection from among the officers fulfilling the conditions of eligibility in the manner determined in the bylaw of this law.

Article 34

Promotion to the rank of Lieutenant-General shall be by absolute selection from among the Major-Generals who serve in the Security Forces.

Article 35

1. An officer may be exceptionally promoted to the next rank without complying with the general seniority or the minimum time-limit for promotion if he performs exceptional glorious acts on the battlefield or in the service of the Security Forces.
2. The promotion of an officer to two original ranks within one (1) year shall be prohibited. The period of the year shall be counted from the date of the first promotion.

Second. Promotion from One Rank to Another

Section One. Officers Graduating from Military Colleges and Institutes

Article 36

Promotion of officers to ranks directly above theirs shall take place once they complete the periods of active service set forth under the following paragraphs, taking into consideration the conditions set forth in Articles 32 and 33:

1. At least three (3) years for promotion from the rank of Lieutenant to the rank of First Lieutenant.
2. At least four (4) years for promotion from the rank of First Lieutenant to the rank of Captain.
3. At least four (4) years for promotion from the rank of Captain to the rank of Major.
4. At least five (5) years for promotion from the rank of Major to the rank of Lieutenant-Colonel.
5. At least five (5) years for promotion from the rank of Lieutenant-Colonel to the rank of Colonel.
6. At least five (5) years for promotion from the rank of Colonel to the rank of Brigadier-General.
7. At least four (4) years for promotion from the rank of Brigadier-General to the rank of Major-General.
8. At least three (3) years for promotion from the rank of Major-General to the rank of Lieutenant-General.

Officers mentioned under paragraph 2 of Article 5 and whose names are included in the Register of General Seniority, together with the graduates of military colleges, may be promoted to the rank of First Lieutenant or Captain without adherence to the condition of the period, once they become eligible for promotion.

Article 37

If an officer in the rank of First Lieutenant and in the rank of Captain did not obtain, upon the advent of his turn in promotion, satisfactory appraisal reports, but fulfilled all other conditions of promotion, he shall be treated in either of the following manners:

1. Be promoted while having his attention drawn.
2. Be left in the rank for a period not to exceed one (1) year, during which period one or more special reports about him shall be submitted. If he becomes eligible for promotion, he shall be promoted and appointed in his original seniority upon his promotion. If he remains ineligible for promotion, he shall remain in his position for a maximum of one (1) additional year, during which one or more special reports about him shall be submitted. If he becomes eligible for promotion, he shall be promoted, and his seniority shall be determined as of the date of his promotion. If he remains ineligible for promotion, however, his service shall be terminated. His name may then be included on the reserve list.

Article 38

With reference to the conditions set forth in Articles 32, 33 and 36, the promotion of a Lieutenant-Colonel, Colonel, and Brigadier-General to his next rank shall be by selection of the most qualified officers from among those recommended for promotion and whose names were included in the list of the nominees for promotion. The competent minister shall issue a decision, in which he shall determine the conditions of the inclusion of names of officers in the lists of nominees for promotion. It shall be recommended to include the names of officers in the list of nominees for promotion to their next rank at least three (3) months prior to the promotion.

Officers in the rank of Lieutenant-Colonel, Colonel, and Brigadier-General shall be divided into three sections:

Section One: Officers who completed their qualification and who were not recommended for promotion shall have their names included in the aforementioned list.

Section Two: Officers who did not complete their qualification, but who were recommended for promotion upon the completion of their qualification. Such officers shall be notified of the necessity to complete their qualification. If one (1) year lapses following the date of their notification thereof, they shall be treated in the following manner:

1. If they were eligible for promotion, they shall be recommended as such and their names shall be included in the list of nominees for promotion. They shall be appointed in their original seniority in the list.
2. If they remain ineligible for promotion, they shall not be recommended for such.

Section Three: Officers who are not recommended for promotion.

Article 39

If a fully qualified Lieutenant-Colonel is due to be promoted but is not selected or reaches the age of the termination of service in his previous rank, his service shall be terminated with the rank of Colonel by the force of the law. The Committee of Officers may transfer him to the list of officers under Section Two of the preceding Article in his original rank, if the officer so wishes. If promotion is due for a Lieutenant-Colonel who was not recommended for promotion or reached the age of the termination of service in his previous rank, his service shall be terminated with the rank of Lieutenant-Colonel by the force of the law.

Article 40

If a fully qualified Colonel is due to be promoted but is not selected or reaches the age of the termination of service in his previous rank, his service shall be terminated with the rank of Brigadier-General by the force of the law. The Committee of Officers may transfer him to the list of officers under Section Two of Article 38 in his original rank, if the officer so wishes. If promotion is due for a Colonel who was not recommended for promotion or reached the age of the termination of service in his previous rank, his service shall be terminated with the rank of Colonel by the force of the law.

Article 41

If a fully qualified Brigadier-General is due to be promoted but is not selected or reaches the age of the termination of service in his previous rank, his service shall be terminated with the rank of Major-General by the force of the law. The Committee of Officers may transfer him to the list of officers under Section Two of Article 38 in his original rank, if the officer so wishes. If promotion is due for a Brigadier-General who was not recommended for promotion or reached the age of the termination of service in his previous rank, his service shall be terminated with the rank of Brigadier-General by the force of the law.

Article 42

The duration of service of a Brigadier-General shall last for three (3) years, after which his service shall be terminated. His service may be extended for up to four (4) more years, unless he reaches the age of the termination of service before that.

Section II. Specialised Officers Holding University Degrees

Article 43

The provisions of Articles 36 to 42 shall apply to officers referred to under paragraph 2 of Article 5, provided that the minimum time-limit for the promotion to the rank of First Lieutenant or, for those fully qualified, to the rank of Captain shall be at least two (2) years for physicians.

Section III. Technical Officers

Article 44

The appointment to the rank of a Technical Lieutenant shall be by selection from among outstanding Technical First Adjutants pursuant to the rules and regulations to be determined by decision of the competent minister.

Article 45

The promotion of a Technical Lieutenant to the rank of Technical First Lieutenant shall occur at least three (3) years after beginning service in the first rank, provided that he completed his qualification and spent the probation period successfully.

Article 46

With reference to the provisions of Article 32, the promotion of technical officers to the rank directly above theirs shall take place once they complete the following periods of active service:

1. At least five (5) years in the rank of First Lieutenant to be promoted to the rank of Captain.
2. At least six (6) years in the rank of Captain to be promoted to the rank of Major.

The bylaw of this law shall determine the detailed conditions of eligibility for promotion.

Article 47

If the minimum time-limit scheduled for promotion for the ranks set forth under the preceding Article lapses and the officer is not eligible for promotion upon the advent of his turn, the provisions of Article 37 shall apply.

Article 48

Officers who are not graduates of military colleges may be promoted to the next rank, each in accordance with the academic qualification obtained prior to joining the Security Forces. Thereupon, those with secondary school certificates or their equivalents, graduates of schools of mechanical military industries or technical schools, vocational training centres and industrial secondary schools may be promoted to the rank of Major. Those qualified from among them may be promoted to the rank of Lieutenant-Colonel by selection in accordance with the circumstances and conditions which the bylaw of this law shall determine. In addition, they may be promoted to the rank of Lieutenant-Colonel by selection from among those obtaining a university degree during service that conforms to their specialisation.

Third. Special Types of Promotion

Article 49

In addition to the system of promotion to the original ranks set forth under the preceding Articles, promotion to a higher rank may be done in a local or provisional manner, provided that half of the period scheduled for the higher rank set forth in Article 36 has expired.

Article 50

A system of local promotion may be followed if the circumstances of military service and the filling of vacancies require that the minimum time-limit decided for service in each rank is not to be abided by. In all other respects, all rules and regulations pertaining to promotion to original ranks shall apply. An officer holding a local rank shall be entitled to all military privileges of the corresponding original rank, provided that he earns the highest salary and the recompenses of his original rank.

Article 51

An officer may be granted a provisional rank that is higher than his original one, if he is appointed to a position outside of Palestine, and the conditions of his service so require. The provisional rank shall be removed as soon as he leaves such position. The conferral of the provisional rank shall not result in any financial privileges, and the duration of service under the provisional rank shall be counted within the period of the original service. Holders of provisional ranks shall not have priority to the corresponding original ranks regarding promotion.

Chapter III. Seniority in Command

Article 52

Seniority in command for officers of one rank in any of the security forces shall be in accordance with the following order:

1. The active officer or the officer who is recalled to active service following the termination of his service.
2. The reserve officer.
3. The technical officer.
4. The assigned officer.
5. The honour officer.

Article 53

1. Officers with original ranks shall have seniority over officers with corresponding local or provisional ranks.
2. Seniority among officers with local or provisional ranks shall be per seniority in their original ranks, not as per the date of their promotion to local ranks or the granting of provisional ranks.

Chapter IV. Appointment, Delegation, Assignment, Transfer, Secondment and Scholarships

First. Appointment, Delegation, and Assignment

Article 54

Appointment shall mean that an officer occupies a senior function. The bylaw of this law shall determine the functions that are occupied by means of appointment.

Article 55

1. Delegation means that an officer serves outside the units of the force in which he is appointed for a period not to exceed three (3) years.
2. Delegation may be extended for one (1) year only by a justified decision of the Committee of Officers and upon the approval of the competent minister.
3. Delegation outside the Security Forces shall become effective for officers of all ranks by decision of the Committee of Officers and upon the approval of the competent minister.
4. If an officer is transferred from one delegation to another, the duration of delegation shall be counted for him from the date of his first delegation.

Article 56

1. Assignment means that an officer serves for emergency circumstances outside of his unit, but inside the force in which he is appointed, for a period not to exceed one (1) year, in which event, the officer shall be under the authority of his original unit.
2. Assignment shall become effective by decision of the competent commander.

Article 57

If assignment changes to delegation, the duration of the previous assignment shall be deemed the original duration of the delegation. Assignment shall enter into duration when such assignment is in a function occupied by means of delegation.

Article 58

Delegations shall be conducted only during the months of July, August, and September of each year, with the exception of expedient cases which require delegation at other times.

Article 59

1. An officer may be delegated to occupy a function to which a rank higher than his is allocated.
2. An officer who was not previously delegated shall be preferred to be delegated. He may not be delegated until at least two (2) years after the date of the expiration of his last delegation.

Article 60

The delegation of an officer must be terminated prior to the determined duration in any of the following cases:

1. If he fails in the compulsory qualification courses.
2. If an unsatisfactory appraisal report is written about him, which is approved by the Committee of Officers.
3. If a disciplinary penalty is imposed upon him.

Second. Transfer, Secondment, and Scholarships

Article 61

An officer shall not be transferred from his unit except upon utmost necessity. An officer in the rank of Lieutenant-Colonel or lower may not be transferred from one unit to another within the same force in which he serves, except in the following cases:

1. Appointment in functions of command or in the staff of forces and areas.
2. Appointment in technical or administrative functions.
3. Settlement of the salary of a unit in any of the Security Forces, following general promotions therein.
4. Qualification to assume a position of command in any of the Security Forces.

Article 62

An officer may not choose to serve in a particular unit within the force in which he serves. He shall be appointed in accordance with the requirements of the service. For compelling reasons, however, an officer may submit a written application to transfer him from his unit to another if he is physically fit for service in the other unit.

Article 63

1. An officer in the rank of Colonel or higher shall be transferred by decision of the Committee of Officers.
2. An officer in the rank of Lieutenant-Colonel or lower shall be transferred pursuant to the rules and regulations set forth by the competent ministry.
3. Transferences shall be conducted only during the months of July, August and September of each year, with the exception of the expedient cases which require transfer at other times.

Article 64

An officer may be transferred from one unit to another within the same force if the public interest thus requires. Such transfer shall be by decision of the competent commander and upon the approval of the competent minister.

Article 65

1. An officer may be seconded to governments and civil, local, foreign and international bodies. The approval of the officer in writing shall be required for the secondment. The bylaw of this law shall determine the circumstances and conditions of secondment.
2. An officer may not be seconded for a period exceeding three (3) years unless the secondment is outside of Palestine, whereby it may be extended for one (1) more year only.
3. The duration of the secondment shall be a period of active service in the Security Forces.

In all cases, the secondment shall become effective by decision of the Committee of Officers and upon the approval of the competent minister.

Article 66

The competent minister may, based upon a proposal of the Committee of Officers, delegate an officer on a scholarship outside of Palestine for a period which he determines. The duration of the scholarship shall be deemed active service in a manner not contradicting paragraph 2 of Article 27.

Chapter V. Salaries and Increments of Officers

Article 67

1. Salaries of officers shall be determined in accordance with the scale of salaries set forth in the table attached to this law.
2. The salary as is determined in paragraph 1 shall be the basis for assessing the pension.

Article 68

Categories of increments, allowances, and deductions shall be determined by a regulation in accordance with the following:

First: Increments and Allowances:

1. A social increment for the spouse and children.
2. An increment of specialisation.
3. An increment of command.
4. An increment of territory.
5. An increment of risk.
6. An allowance of transportation from the place of residence to the place of work.

The bylaw of this law shall determine the rules and regulations of their payment.

Second: Deductions:

1. The premium of insurance and pensions pursuant to the Law of Public Retirement.
2. The premium of health insurance pursuant to the Regulation Concerning Health Insurance in force in the National Authority.
3. The income tax pursuant to the law.
4. Any other deductions determined by law.

Article 69

The increment of specialisation and the increment of command may not be combined. The higher of the two increments shall be paid.

Article 70

1. The salary shall commence to be paid to an officer from the date of his appointment under probation.
2. An officer shall be entitled to the first fixed sum of the rank to which he is appointed or to which he is promoted. In addition, he shall be entitled each year to the periodic increments of his original rank, starting from the date of his appointment or promotion, as occasion may require.

Article 71

If an officer is promoted to a local rank, he shall be entitled to the last fixed sum of his original rank and the relevant increments starting from the date of his promotion. He shall not be entitled to the periodic increments starting from such date.

Article 72

1. The social increment shall be paid to an officer for his unemployed spouse, sons and daughters as determined under the bylaw of this law.
2. The social increment shall continue to be paid to any of the children mentioned under the preceding paragraph in the following cases:

• If any son is pursuing his studies in an acknowledged educational institution, until he completes his studies or reaches twenty-five (25) years of age, whichever occurs first.
• If any son is physically disabled or became disabled at a percentage of disability that the competent Medical Committee shall determine.
• If any daughter is divorced or widowed and not employed in the civil or military service.

3. If the wife of an officer is an employee in the civil or military service, the social increment shall be paid to the officer’s children only.

Article 73

The social increment for the wife and children shall commence to be paid as of the date of marriage and the date of birth. The payment for deceased children or a deceased or divorced spouse shall be halted.

Article 74

The bylaw of this law shall determine a system of incentives for officers who perform distinguished services and acts, conduct research that helps to improve work methods and raise the competency of performance, or obtain an excellent appraisal at work.

Article 75

1. An officer shall be entitled to the expenses that he may incur during the performance of his function or the performance of tasks to which he is officially assigned under the circumstances and conditions which the bylaw of this law shall determine.
2. A soldier shall be entitled to a movement and transportation allowance under the circumstances and conditions which the bylaw of this law shall determine.
3. A soldier shall be entitled to a transportation allowance for him, his family, and his belongings in the following cases:

• Upon his first appointment to military service.
• Upon transfer from one area to another.
• Upon the expiration of his service for reasons other than those set forth under paragraphs 5 and 6 of Article 121.

Chapter VI. Leaves of Officers

Article 76

Approved leaves pursuant to the law shall be as follows:

1. Ordinary leave.
2. Compassionate leave.
3. Commander’s leave.
4. Sick leave.
5. One-time furlough for Hajj, the pilgrimage to the Holy City of Mecca in Saudi Arabia.
6. Maternity and delivery leave.
7. Exceptional leave.
8. Unpaid leave.

Article 77

1. Each Gregorian year an officer shall be entitled to a full-pay ordinary leave for a period of thirty (30) days; holidays of feasts and official occasions shall not enter into the calculation of the leave, with the exception of the weekly holiday.
2. The ordinary leave of an officer shall be pursuant to the instructions set forth by his command.
3. Spending the ordinary leave outside of Palestine shall be upon the prior approval of the competent minister.
4. The ordinary leave may not be linked to vacations, feasts, and official occasions.

Article 78

Ordinary leave may be reduced, postponed, or terminated for compelling reasons required by the interest of work. In such cases, the balance of the ordinary leave due during one (1) year shall be added to the ordinary leave due in the next year, provided that the total amount of ordinary leave in any one (1) year shall not exceed forty-five (45) days.

Article 79

1. An officer shall be entitled to a full-pay compassionate leave for a period not to exceed ten (10) days per year upon an urgent cause due to which it shall be excusable to obtain any other leave.
2. The period of compassionate leave may not exceed two (2) consecutive days on one occasion or three (3) consecutive days if it is due to the death of a relative of kinship or affinity up to the fourth degree.
3. An officer must notify his command of the reasons for compassionate leave immediately following his return to the service.
4. In all cases, entitlement to the period of compassionate leave shall terminate by the lapse of the year in which it is scheduled.

Article 80

If an officer does not have a balance of his ordinary leave, the direct commander may grant him a full-pay leave for a period not to exceed six (6) days per year. Such leave may not be granted for more than three (3) consecutive days on any one occasion. It may also be granted in the case of the suspension of ordinary leaves.

Article 81

An officer shall be entitled once during the period of his service to a full-pay furlough to perform the religious duty of pilgrimage (Hajj) to the Holy City of Mecca in Saudi Arabia for a period of thirty (30) days.

Article 82

A female officer shall be granted a full-pay maternity leave for a period of ten (10) weeks.

Article 83

The competent minister may grant an officer who consumed his ordinary leave an exceptional leave when necessary for a period not to exceed fifteen (15) days during any one year. Such shall be full-pay leave.

Article 84

An officer who spends three (3) years or more in service shall be entitled to a sick leave that is to be granted by decision within the following limits:

1. An officer shall be granted a sick leave for recovering after a stay in hospital based upon the decision of the Military Medical Committee for a period not to exceed fifteen (15) days. The sick leave may be granted for a longer period, provided that its duration in any one year does not exceed one hundred twenty (120) days. Such year shall be counted starting from the first sick leave which the officer is granted, whether it was due to one sickness or several over successive periods of time. If an officer consumed the periods of treatment that is legally allowable pursuant to the bylaw of this law – whether he was at hospital or on the sick list – and was expected to be fully cured, he shall be transferred to provisional retirement on health grounds until the Military Medical Committee determines his physical fitness to return to active service. If his condition is incurable, his service shall be terminated by decision of the Military Medical Committee stating his physical unfitness.
2. The competent minister may extend the period of sick leave to another unpaid period of one hundred and twenty (120) days if an officer suffers from a sickness which requires longer treatment, in accordance with the decision of the Military Medical Committee.
3. An officer shall have the right to transfer the sick leave into an ordinary leave if his balance so allows.
4. A sick officer must notify the ministry in which he serves of his sickness within twenty-four (24) hours from the commencement of his absence from service, unless such is excusable due to compelling reasons, which the bylaw of this law shall determine.
5. A sick officer may obtain a sick leave for a period not to exceed three (3) days upon the decision of a physician affiliated with the Ministry of Health in areas where no branches of the Military Medical Service are available. Such a sick leave may be extended for a period not to exceed three (3) more days based upon a medical report by a specialised physician affiliated with the Ministryof Health or the Military Medical Service.
6. Notwithstanding the provisions of sick leave set forth under the preceding paragraphs, a sick officer who suffers from a chronic disease, the definition of which shall be determined by the Minister of Health, shall be granted, based upon the approval of the specialised Military Medical Committee, an exceptional paid leave until he is cured or his condition stabilises in a manner which enables him to return to service. If his disability is proven to be permanent, his service shall be terminated due to physical unfitness.
7. The Commission of Organisation and Administration shall set forth the rules and regulations concerning the obtaining of sick leave for officers in cooperation with the Ministry of Health.
8. If a sick officer wishes to terminate his leave and return to service, he must obtain the approval of the Military Medical Committee.
9. Malingering of an officer proven by the Military Medical Committee shall be a violation of the duties of service.

Article 85

If the sick officer is outside of Palestine, his sick leave shall be approved by a medical committee to be established upon the discretion of the Military Attaché at the Embassy in the state in which the officer is present or by the Ambassador in a state in which no Military Attaché is available.

Article 86

The competent minister may grant an officer an unpaid leave to pursue his studies based upon his request in a manner not contradicting the interest of service, for those who have spent a period of six (6) years in service and upon the approval of the Committee of Officers. Such leave shall be granted for a period of one (1) year that shall be renewable on an annual basis for three (3) years or until he completes his studies, whichever is less, in accordance with the circumstances and conditions which the bylaw of this law shall determine, without prejudice to the provisions pertaining to insurance and pensions.

Article 87

1. An officer who was granted an unpaid leave shall not be entitled to any increment or promotion during the period of his leave. The duration of such leave may not be counted in the seniority of his rank with regard to promotions and increments, without prejudice to the provisions pertaining to insurance and salaries.
2. The unpaid leave may be terminated upon the decision of the competent minister or upon the request of the officer himself. In the latter case, he may not be granted an unpaid leave again.
3. As the duration of the unpaid leave expires, the officer must return to service. If he does not return to service, his service shall be terminated and his name deleted from the Register of the Security Forces.

Chapter VII. Duties of Officers and Prohibited Activities

Article 88

1. Upon the commencement of his appointment, an officer shall swear the Oath of Sincerity and Allegiance to Palestine in accordance with the following formula:’I swear by the Almighty God to be loyal to the homeland and the people, to defend them and sacrifice my blood in their cause, to preserve my weapon and military honour, to preserve the laws and regulations and enforce them, to perform all of my functionary and national duties with honour, trustworthiness and sincerity, and to implement all of the orders issued to me. God shall hereby be witness upon what I say.’
2. The administering of the oath shall take place before the President or the person whom he delegates therefor. The officer shall sign the form of the ‘Swearing of the Oath,’ which shall be kept in his file of service.

Article 89

The public function in any of the Security Forces shall be an assignment to those performing it. It shall aim at the service of the homeland and citizens in implementation of the public interest pursuant to the laws, bylaws, decisions, and regulations. The officer must heed the provisions of this law and the bylaws, decisions, and regulations issued in pursuance thereof. The officer must also:

1. Perform the work assigned to him by himself in an accurate and trustworthy manner and allot the time of the official work for the performance of the duties of his function. He may be assigned to work at times other than the official working hours, in addition to the allotted time, if the interest of work thus requires.
2. Cooperate with his colleagues in the performance of urgent duties that are necessary for the work progress and the implementation of the public service.
3. Execute the orders issued to him in an accurate and trustworthy manner within the limits of the laws, bylaws, and regulations in force. Each officer shall bear responsibility for the orders issued by him, and he shall be held responsible for the smooth progress of work within the limits of his jurisdiction.
4. Preserve the dignity of his function in accordance with public tradition and act in a manner conforming to the respect due thereto.

Article 90

During military service, the officer shall be prohibited from:

1. Expressing political opinions and working in politics or affiliating with parties, entities, associations or organisations with political objectives.
2. Participating in any demonstrations or disturbances.
3. Taking part in organising partisan meetings or electoral campaigns.
4. Holding meetings to criticise actions of the National Authority.
5. Revealing information or clarifications about subjects which are confidential due to their nature or as per special directive. Adherence to confidentiality shall be required even upon the expiration of service.
6. Keeping to himself any document, official paper or copy thereof, even if it pertains to work he was assigned to perform personally.
7. Contravening the procedures of private and public security with regard to which a decision shall be issued by the competent minister.
8. Appointing a person as mediator or accept ‘favouritism’ in any matter related to his function, or acting as an intermediary for a private dispute or another employee in any matter pertaining thereto.
9. Contacting any party who is not Palestinian, except pursuant to the instructions of the competent authorities.
10. Issuing statements to the media, except under an official authorisation by the competent minister.

Article 91

1. An officer may not perform acts for a third party with or without payment, even at times other than during official working hours. The bylaw of this law shall determine the rules and regulations concerning the acts which the officer may perform at times other than during official working hours in a manner that harms, clashes with, or contradicts the duties of the military service or its requirements.
2. An officer may assume, with salary or remuneration, the acts of custodianship, guardianship, or agency on behalf of absentees, or judicial assistance if the person under custodianship or guardianship, the absentee, or the person to whom a judicial assistant is appointed is linked to him by kinship or affinity up to the fourth degree.
3. An officer may assume, with salary or remuneration, custodianship over the properties in which he is a partner, an owner of interest, or which are owned by those to whom he is linked by kinship or affinity up to the fourth degree.
4. The officer must notify his command in all cases set forth under the two preceding paragraphs. The notification shall be kept in the officer’s service file.

Article 92

An officer may not be married to a non-Arab spouse, except by special permission of the competent minister, and must obtain a prior license of marriage.

Article 93

An officer, either in person or by proxy, shall be prohibited from performing the following:

1. Purchase movable or immovable properties which are bid by administrative or judicial parties for sale at the department in which he performs his function, if such purchase is related thereto.
2. Practice commercial or industrial works of any kind whatsoever, particularly to have any interest in works, contracting works, or tenders linked to his function.
3. Rent land, buildings, or any other real estate with the intention to exploit them at the department in which he performs his function.
4. Take part in the incorporation of companies or in the membership of their boards of directors or in any other position therein, unless he is being delegated on behalf of the Security Forces.
5. Speculate in stock exchange markets.
6. Gamble in clubs or halls allocated for officers or in public places or cabarets.

Article 94

1. Any officer contravening the duties set forth under this law or in decisions issued by the competent minister, deviating from the requirements of duty in his function, or behaving or appearing in a manner that may infringe upon the dignity of his function, shall be punished in a disciplinary manner, without prejudice to further civil or criminal action, as occasion may require.
2. An officer shall not be exempted from a penalty based upon an order by his commander or manager, unless his violation is proven to have been the execution of an order issued to him by such commander or manager despite having brought the violation to the attention of his commander or manager. In such case, responsibility shall be borne by the issuer of the order alone.
3. An officer shall not be indicted on civil grounds except for his personal error.

Chapter VIII. Penalties

Article 95

The following penalties may be imposed upon officers:

1. Corrective penalties imposed by direct commanders and commands.
2. Disciplinary penalties imposed by the Committee of Officers.
3. Penalties imposed by the Military Courts pursuant to the provisions of the Military Penal Law.

Article 96

The following disciplinary penalties may be imposed upon an active officer:

1. Termination of delegation.
2. Leaving in the rank for a period not to exceed two (2) years.
3. Deprivation from the regular increment or the increment of command.
4. Transfer to provisional retirement.
5. Termination of service.

The Committee of Officers shall be authorised to impose any such penalty, provided that the competent minister approves them, with the exception of the termination of service, which shall require the approval of the President.

Article 97

1. Disciplinary penalties imposed upon officers shall extinguish with the expiration of the following periods:

• Two (2) years in the case of the leaving in the rank.
• Three (3) years with regard of the other penalties, with the exception of the penalties of the transfer to provisional retirement and termination of service.

2. Extinction shall become effective by decision of the Committee of Officers if the demeanour and action of the officer since the imposition of penalty are satisfactory, as shown in the annual appraisal reports, in his service file, and in the opinions which his superiors express about him.
3. Extinction of a penalty shall result in its being considered as if it had not occurred with regard to the future. An extinct penalty shall not affect the entitlements and recompenses resulting therefrom. The documents of the penalty, references to it, and all that is related to it shall be removed from the officer’s service file.

Article 98

The Military Courts shall impose penalties pursuant to the law if the officer commits any of the following crimes:

1. Leaving a position, centre, or station or handing over any of them, or forcing, or inciting any commander or person to leave a position, centre, or station or to hand over any of them, taking into consideration that the duty of such commander or person is to defend it.
2. Leaving weapons, ammunition, or equipment to the enemy.
3. Corresponding with the enemy, treason, or waiving the flag of truce to the enemy by means of treason or cowardice.
4. Supplying the enemy with weapons, ammunition or supplies, or receiving an enemy or protecting him in an intentional manner whilst such enemy is not a prisoner.
5. Serving the enemy or assisting him in a voluntary manner after being taken prisoner.
6. Conducting an act by which the officer intends to obstruct the victory of the Security Forces wholly or any division thereof during his field service.
7. Misbehaving or tempting others to misbehave in front of the enemy in a manner by which cowardice is manifested.

Chapter IX. Decorations, Badges and Medals

First. General Provisions

Article 99

The awarding of military decorations, badges, and medals and the permission to bear Arab and foreign decorations shall be by order of the President.

Article 100

The awarding of military decorations, badges, and medals shall be to the appointees which the competent minister determines. They may be awarded at any time to officers who perform glorious acts. The award of military decorations, badges, and medals shall be an encouragement for others to follow the example of each honoree.

Article 101

Requests for decorations, badges, and medals shall be made in a confidential manner. Officers for whom they are requested may not be informed thereof.

Article 102

Requests for decorations, badges, and medals shall be presented to the Committee of Officers for examination, recommendation, and to choose whom it deems should receive them. Following the approval of the competent minister, the recommendation shall be sent to the President to be awarded.

Article 103

The bylaw of this law shall determine a system to award military decorations, badges, and medals and to regulate their handing over, bearing, ranking, deprivation, and all else that is related thereto.

Article 104

Military decorations, badges, and medals shall be identical to other drawings, specifications, and conditions which are to be determined by the President.

Article 105

1. Arab and foreign military decorations, badges, and medals and the signs pertaining thereto may not be borne prior to the announcement thereof in the Military Report, with the exception of awards presented during official ceremonies attended by the President or his representative.
2. Foreign military decorations, badges, and medals, and the signs pertaining thereto shall be borne in accordance with the date of their awarding regardless of their grade or affiliation, provided that they precede decorations, badges, and medals of the Arab states and the remaining decorations of other states, regardless of the date of their awarding.

Article 106

Military decorations, badges, and medals and their certificates shall remain the property of the successors of the person to whom they were awarded, as a means of commemoration and preservation of their advantages, without any one them having the right to bear them.

Second. Ranking of Military Decorations, Badges, Medals and their Awarding

Article 107

Military decorations, badges, and medals shall be given the following names and ranking:

1. Decorations:

• The Star of Honour.
• The Star of Palestine.
• The Star of Jerusalem.

2. Badges:

• The Badge of Military Sacrifice, which shall be of three grades.
• The Badge of Military Duty, which shall be of three grades.
• The Badge of Military Training, which shall be of three grades.

3. Medals:

• The Medal of Exceptional Promotion.
• The Medal of Distinguished Service.
• The Medal of the Wounded in War.

4. Memorial decorations, badges, and medals shall be established by a decision of the President as circumstances warrant. Such memorial decorations, badges, and medals shall be awarded to officers or members of the personnel of the Security Forces. They may also be awarded to personnel of Arab and foreign forces, provided that their bearers do not enjoy the material privileges set forth under this law.

Article 108

The Star of Honour shall be awarded to a soldier who has performed exceptional services or acts that indicate outstanding sacrifice and courage in a confrontation with the enemy. A soldier who is awarded this Star shall be entitled to a monthly remuneration to be determined by the bylaw of this law for the period of his service.

Article 109

The Star of Palestine shall be awarded to a soldier who has performed distinctive acts that designate sacrifice and courage on the battle field.

Article 110

The Star of Jerusalem shall be awarded to a soldier who has performed distinguished acts.

Article 111

The Badge of Military Sacrifice shall be awarded to a soldier who has performed an act that is characterised by courage. The designation of the grade of the badge shall be in accordance with the act for which it is awarded.

Article 112

The Badge of Military Duty shall be awarded to a soldier who has performed his duties in a devoted and sincere manner. The designation of the grade of the badge shall be in accordance with the act for which it is awarded.

Article 113

The Badge of Military Training shall be awarded to a soldier who has brought his unit to a high level of training or to a soldier who has been injured during or because of the training. The designation of the grade of the badge shall be in accordance with the extent of his performance.

Article 114

The Medal of Distinguished Service shall be awarded to a soldier who has spent a period of at least twenty (20) years in military service and who has performed his acts in a trustworthy and sincere manner.

Article 115

The Medal of the Wounded in War shall be awarded to a soldier who has been injured in the field or during the performance of his duty. It shall be proven that the injury was because of the acts of the enemy or the performance of the duty, based upon a report of the competent Military Medical Committee or a report by his direct commander. Each time an injury occurs, the number shall be inscribed on the Medal.

Third. Civilian Medals and Badges

Article 116

1. The bylaw of this law shall determine a system to award civilian decorations, badges, and medals and their handing over, bearing, ranking, deprivation, and all that is related thereto.
2. A soldier may be awarded civilian medals or badges in accordance with the manner in which military medal and badges are awarded.

Article 117

The ranking of military and civilian decorations, badges, and medals that are awarded shall be in the following manner:

1. The Star of Honour, the Star of Palestine, and the Star of Jerusalem before the civilian medals.
2. The military badges after the civilian medals and before the civilian badges.
3. The military medals after the civilian badges.

Chapter X. Transfer to Provisional Retirement

Article 118

1. An officer shall be transferred to provisional retirement in the following cases:

• Physical unfitness for service.
• A disciplinary decision against him.
• Upon his request.

2. The transfer of an officer to provisional retirement based upon his request shall be for a period not to exceed one (1) year. The extension of the period of transfer to provisional retirement may be approved, provided that it does not exceed three (3) years. If the period of transfer to provisional retirement expires, but the officer does not return to service, he shall be deleted by the force of law from the Register of the Security Forces.

Article 119

1. An officer who is transferred to provisional retirement shall be entitled to four-fifths (4/5) of the salary which he earned for the last month prior to his transfer.
2. An officer who is transferred to provisional retirement shall remain subject to the provisions of this law and to all regulations of military discipline and appraisal, as though he were in active service.

Article 120

An officer who is transferred to provisional retirement may not wear the military uniform, except when he is officially called to the military authorities.

Chapter XI. Expiration of Service

Article 121

The service of an officer shall expire in any of the following cases:

1. Termination of service.
2. Dispensing with service.
3. Physical unfitness for service.
4. Resignation.
5. Dismissal from service.
6. A final judgement of conviction of a crime or misdemeanour violating honour or trust.
7. Death.

Article 122

An officer who has spent fifteen (15) years in service, including extra periods, may request that his service be terminated. Nonetheless, the competent minister, based upon the recommendation of the Committee of Officers, may keep the officer in service for a period not to exceed one (1) year, except in exceptional cases which are required by higher interest. The Committee of Officers may also terminate the service of an officer who has spent fifteen (15) years in service. Officers whose services are terminated in either case shall be entitled to a pension in accordance with their respective periods of service.

Article 123

An officer who requests that his service be terminated, who requests that he be transferred to provisional retirement, or who submits his resignation may not leave service before he is officially notified of the acceptance of his request.

Article 124

The service of an officer shall be terminated due to physical unfitness for military service. Physical unfitness shall be proven by a decision of the Military Medical Committee based upon the request of the competent minister or the officer. The service of an officer may not be terminated due to physical unfitness before his sick leave expires, unless he himself requests that his service be terminated and that he be transferred to provisional retirement.

Article 125

The resignation of an officer shall be in writing and void of any restriction or condition; otherwise it shall be deemed as if it never took place. The service of an officer shall not expire except by the decision issued to accept his request.

Article 126

If an officer submits a request for resignation, the command may reject or accept it. The lapse of sixty (60) days after its submission without reply shall be deemed a decision to reject it. However, if an officer is under interrogation or litigation, his resignation may be postponed until adjudication of the charge.

Article 127

If a resigning officer is reinstated to service, he shall be granted his original rank, and the provisions under paragraph 2 of Article 27 shall apply to him.

Article 128

The service of an officer shall expire in either of the following two cases:

1. If a competent Military Court issues a decision to dismiss him from military service.
2. If he is convicted of a crime set forth under the Penal Law, or an equivalent crime in special laws, or if he is sentenced to a penalty entailing deprivation of liberty in a crime violating honour or trust.

Article 129

The service of an officer who deceased during service shall expire and his name shall be deleted from the Register of the Security Forces starting from the day following the date of death.

Article 130

An officer whose service expired may not serve in Arab or foreign forces, except following three (3) years from the expiration of his service in the Security Forces and after obtaining a special permission from the competent minister and the approval of the President.

Article 131

1. An officer shall be paid his salary up to the day on which his service expires. If the expiration of service is based upon his request, he shall be entitled to his salary up to the date designated for the acceptance of the resignation.
2. If an officer is detained during his work, the officer may redeem the salary paid to him for the termination of his service if he was punished by dismissal from service or if his service terminated and he was retired on pension.

Section Two. Service of Non-Commissioned Officers and Personnel

Part IV.

Chapter I. General Provisions

Article 132

1. Military service shall be by voluntary enlistment, compulsory service, or reserve service, and it shall be regulated by the law.
2. Compulsory military service shall be regulated by the Law of Compulsory Service.
3. Military service by voluntary enlistment shall be regulated pursuant to the provisions of this law.

Article 133

The bylaw of this law shall determine the conditions of military service by voluntary enlistment and the renewal of its periods in accordance with the needs of the Security Forces.

Article 134

Service of the volunteer may be terminated if he no longer fulfills a condition of military service pursuant to the provisions of this law.

Article 135

The renewal of voluntary enlistment shall mean the approval to continue the service of the volunteer in the Security Forces pursuant to the provisions of this law.

Article 136

Former non-commissioned officers and personnel may be reinstated to military service or be recalled pursuant to the rules and regulations which the bylaw of this law shall determine.

Chapter II. Appointment and Promotion

Article 137

1. Appointment to military service by voluntary enlistment shall be pursuant to what is determined in the bylaw of this law.
2. Every non-commissioned officer or member of personnel, upon the commencement of his appointment to military service, shall be designated a service file. The bylaw of this law shall determine its form, the type of data to be recorded, the manner of collection, and the parties by whom the file shall be kept.
3. Military service by voluntary enlistment may not be less than five (5) years.

Article 138

The military ranks for non-commissioned officers and personnel shall be:

1. Soldier.
2. Corporal.
3. Sergeant.
4. First Sergeant.
5. Adjutant.
6. First Adjutant.

Article 139

Promotion of non-commissioned officers and personnel to ranks directly above theirs shall take place once they complete the following periods of active service, with the fulfillment of the other conditions set forth under this law:

1. At least three (3) years for promotion from the rank of Soldier to the rank of Corporal.
2. At least three (3) years for promotion from the rank of Corporal to the rank of Sergeant.
3. At least four (4) years for promotion from the rank of Sergeant to the rank of First Sergeant.
4. At least four (4) years for promotion from the rank of First Sergeant to the rank of Adjutant.
5. At least four (4) years for promotion from the rank of Adjutant to the rank of First Adjutant.
6. At least four (4) years for promotion from the rank of First Adjutant to the rank of Honour Adjutant.

Article 140

1. With reference to the provisions under the preceding Article, a noncommissioned officer or member of personnel who spent in his rank the designated period of active service, whose command recommended that he be promoted, and who passes the relevant examinations and educational courses shall be promoted pursuant to what the bylaw of this law determines, provided that the organisational structure in his position allows promotion.
2. If the conditions determining promotion set forth under the preceding paragraph are equal, the general and special tables of seniority shall be referred to and the most senior soldier shall be promoted.
3. The bylaw of this law shall determine the detailed conditions of promotion, the required qualifications, and the party or parties authorised to issue the orders of promotion.
4. A promotion shall enter into force starting from the date on which a decision thereof is issued. The non-commissioned officer or member of personnel shall be granted the first fixed sum of the rank to which he is promoted or an increment therefrom, whichever is larger.

Article 141

1. The rank with which students of educational institutions graduate shall be determined in the regulations of such institutions, provided that it does not transcend the rank of Sergeant for those holding secondary school certificates.
2. A Corporal from among the graduates of educational institutions may be promoted to the rank of Sergeant without adherence to the condition of the period, if he spent in his rank more than half of the designated period pursuant to the provisions of Article 139.

Article 142

1. The military rank of a non-commissioned officer or member of personnel who was demoted or whose rank was removed may be reinstated in accordance with the following conditions:

• He must have spent a period of at least one (1) year in active service starting from the date of the demotion. In contrast, a non-commissioned officer or member of personnel whose rank was removed must spend the period of active service which is designated for promotion to such rank from the date of its removal.
• His command recommends that his rank be returned to him.

2. The seniority shall be determined starting from the date of the reinstatement. His seniority in the rank to which he is demoted shall be considered as starting from the date of demotion.

Article 143

A First Adjutant may be promoted to the rank of Honour Adjutant by selection from among the qualified First Adjutants, pursuant to the provisions of Article 139, provided that the following conditions are fulfilled:

1. He passes a cultural examination the level of which shall be determined by the command of the force in which he serves. A First Adjutant holding a secondary education certificate or its equivalent shall be exempted from such examination.
2. He appears before a competent committee to be determined by the bylaw of this law to ensure his psychological and physical well-being and his eligibility to be an officer.
3. He is no older than forty-five (45) years of age upon his nomination for promotion.
4. The organisational structure allows for promotion.
5. The Committee of Officers approves the promotion.

Article 144

1. The promotion of honour officers to ranks directly above theirs shall take place once they spend in their ranks the periods of active service set forth under the next paragraph. In all cases, their promotion may not transcend the rank of Major. Nevertheless, some of them may be promoted to the rank of Honour Lieutenant-Colonel only, by selection from among those who hold a university degree conforming to their specialisation during service.
2. Periods of active service for the promotion of honour officers shall be as follows:

• At least three (3) years for promotion from the rank of Honour Lieutenant to the rank of Honour First Lieutenant.
• At least four (4) years for promotion from the rank of Honour First Lieutenant to the rank of Honour Captain.
• At least four (4) years for promotion from the rank of Honour Captain to the rank of Honour Major.
• At least five (5) years for promotion from the rank of Honour Major to the rank of Honour Lieutenant-Colonel.

Chapter III. Seniority in Command

Article 145

Seniority in command for non-commissioned officers and personnel of one rank in any of the Security Forces shall be in accordance with the following order:

1. Volunteers.
2. Conscripts.
3. Reserves.
4. Technicians.

Article 146

1. Seniority in command among non-commissioned officers holding one rank shall be in accordance with the seniority in the rank, and if they are equal, in seniority as per the date of voluntary enlistment. If they are equal in the date of voluntary enlistment, then as per order in the list of promotion.
2. Seniority in command for non-commissioned officers from among graduates of educational institutions shall be in accordance with the order of graduation among the personnel of the same course in the rank with which they graduated.

Article 147

General and special tables of seniority shall be developed for the various categories of non-commissioned officers and personnel who are active in the military service.

Chapter IV. Assignment and Transfer

Article 148

The bylaw of this law shall determine the circumstances and conditions of assignment and transfer of non-commissioned officers and personnel who are active in military service.

Chapter V. Secondment and Scholarships

Article 149

1. By decision of the competent minister, a non-commissioned officer or member of personnel may be seconded to governments and civil local, foreign and international bodies. The approval of the officer in writing shall be required for the secondment. The bylaw of this law shall determine the circumstances and conditions of secondment.
2. A non-commissioned officer or member of personnel may not be seconded for a period exceeding three (3) years unless the secondment is outside of Palestine, in which event it may be extended for one (1) year only.
3. The duration of secondment shall be a period of active service in the Security Forces.

Article 150

The competent minister may delegate a non-commissioned officer or member of personnel on a scholarship outside of Palestine within his specialisation for a period of two (2) years, which may be extended for one (1) year. The period of the scholarship shall be deemed active service if it is completed successfully.

Chapter VI. Salaries and Increments of Non-Commissioned Officers and Personnel

Article 151

1. Salaries of non-commissioned officers and personnel shall be determined in accordance with the scale of salaries set forth in the table attached to this law.
2. Increments of the nature of work, regular increments, and increments of the cost of living shall be complements of the basic salary that is assessed in the pension.
3. The Council of Ministers may submit a proposal to amend the scale of salaries from time to time to the Legislative Council for approval.

Article 152

Categories of increments, allowances, and deductions shall be determined by a bylaw in accordance with the following:

First: Increments and Allowances

1. A social increment for the spouse and children.
2. An increment of specialisation.
3. An increment of territory.
4. An increment of risk.
5. An allowance for transportation from the place of residence to the place of work.

The bylaw of this law shall determine the rules and regulations of their payment.

Second: Deductions:

1. The premium of insurance and salaries pursuant to the Law of Public Retirement.
2. The premium of health insurance pursuant to the Regulation Concerning Health Insurance in force in the National Authority.
3. The income tax pursuant to the law.
4. Any other deductions determined by the law.

Article 153

1. The salary shall commence being paid to a non-commissioned officer and member of personnel from the date of his appointment.
2. A non-commissioned officer and a member of personnel shall be entitled to the first fixed sum of the rank to which he is appointed or to which he is promoted. In addition, he shall be entitled to periodic increments in his original rank each year, starting from the date of his appointment or promotion.

Article 154

1. The social increment shall be paid to a non-commissioned officer and member of personnel for his unemployed spouse, sons and daughters, pursuant to what the bylaw of this law determines.
2. The social increment shall continue to be paid for each of the children set forth under the preceding paragraph in the following cases:

• If his son is pursuing his education in an acknowledged educational institution and until he completes his education or reaches twenty-five (25) years of age, whichever occurs first.
• If his son is physically disabled or became disabled at a percentage of disability that the competent Military Medical Committee shall determine.
• If his daughter is divorced or widowed and not employed in the civil or military service.

3. If the wife of a non-commissioned officer or member of personnel is employed in the civil or military service, the social increment shall be paid to the children of the non-commissioned officer or member of personnel only.

Article 155

The social increment for the wife and children shall commence to be paid as of the date of marriage and the date of birth respectively. Payment for deceased children and the deceased or divorced spouse shall be halted as of the date of death or the date that the divorce becomes final respectively.

Article 156

The bylaw of this law shall determine a system of incentives for non-commissioned officers and personnel who perform distinguished services or acts or conduct research that helps to improve work methods and raise the competency of performance, or who have obtained an excellent evaluation at work.

Article 157

1. A non-commissioned officer or member of personnel shall be entitled to the expenses that he incurs during the performance of his function or the tasks that he is officially assigned under the circumstances and conditions which the bylaw of this law shall determine.
2. A non-commissioned officer or member of personnel shall be entitled to a movement and transportation allowance under the circumstances and conditions which the bylaw of this law shall determine.
3. A non-commissioned officer or member of personnel shall be entitled to a transportation allowance for him, his family, and his belongings in the following cases:

• Upon his first appointment to military service.
• Upon transfer from one area to another.
• Upon the expiration of his service for reasons other than those set forth under paragraphs 4 and 5 of Article 179 below.

Chapter VII. Leaves of Non-Commissioned Officers and Personnel

Article 158

Approved leaves pursuant to the law shall be as follows:

1. Ordinary leave.
2. Compassionate leave.
3. Sick leave.
4. One-time furlough for Hajj (pilgrimage to the Holy City of Mecca in Saudi Arabia).
5. Maternity and delivery leave.
6. Exceptional leave.

Article 159

A non-commissioned officer or member of personnel shall be entitled to a full-pay annual ordinary leave; holidays of feasts and official occasions shall not enter into the calculation of the leave with the exception of the weekly holiday:

1. Fifteen days (15) during the first year following the lapse of six (6) months from the date of his appointment.
2. Twenty-one (21) days for a Sergeant, Corporal, and soldier who have completed one (1) year or more in active service from the date of his appointment.
3. Thirty days (30) for a First Adjutant and Adjutant who have completed one (1) year or more in active service from the date of his promotion.

Article 160

Ordinary leave may be reduced, postponed or terminated for compelling reasons required by the interest of work. In such cases, the balance of the due ordinary leave during one (1) year shall be added to the due ordinary leave in the next year, provided that their total in one year does not exceed thirty (30) days.

Article 161

1. A non-commissioned officer and member of personnel shall be entitled to a full-pay compassionate leave for a period not to exceed six (6) days per year upon an urgent cause due to which it shall be excusable to obtain any other leave.
2. The period of the compassionate leave may not exceed two (2) consecutive days on one occasion or three (3) consecutive days if it is due to the death of a relative of kinship or affinity up to the fourth degree.
3. In all cases, entitlement to the period of the compassionate leave shall terminate upon the lapse of the year in which it is scheduled.

Article 162

A non-commissioned officer and member of personnel shall be entitled once during the period of his service to a full-pay furlough to perform the religious duty of Hajj, the pilgrimage to the Holy City of Mecca in Saudi Arabia, for a period of thirty (30) days.

Article 163

A female non-commissioned officer or member of personnel shall be granted a full-pay maternity leave for a period of ten (10) weeks.

Article 164

The Commander-in-Chief or his equivalent in the other forces may grant a non-commissioned officer or member of personnel who consumed his ordinary leave an exceptional leave for a period of not to exceed ten (10) days during one year, as occasion may require. Such shall be a full-pay leave.

Article 165

A non-commissioned officer or member of personnel who spends three (3) years or more in service shall be entitled to a sick leave to be granted by a decision within the following limits:

1. A non-commissioned officer and member of personnel shall be granted a sick leave for recovering after a stay in hospital based upon the decision of the Military Medical Committee for a period not to exceed fifteen (15) days. The sick leave shall be granted for a longer period, provided that its duration in one (1) year does not exceed one hundred-twenty (120) days. Such year shall be counted starting from the first sick leave which the non-commissioned officer or member of personnel is granted, whether it was due to one sickness or several over successive periods of time. If the non-commissioned officer or member of personnel has consumed the periods of treatment that are legally allowable pursuant to the bylaw of this law, whether at hospital or on the sick list, and was expected to be fully cured, he shall be transferred to provisional retirement on health grounds until the Military Medical Committee determines his physical fitness for return to active service. If his condition is incurable, his service shall be terminated by decision of the Military Medical Committee stating his physical unfitness.
2. The Commander-in-Chief or his equivalent in the other forces may extend the period of sick leave to another unpaid six (6) months if a non-commissioned officer or member of the personnel suffers from a sickness which requires longer treatment, in accordance with the decision of the Military Medical Committee.
3. A non-commissioned officer or member of personnel shall have the right to request that the sick leave be transferred into an ordinary leave if his balance so allows.
4. A sick non-commissioned officer or member of personnel must notify the ministry in which he serves of his sickness within twenty-four (24) hours of his absence from service, unless such was excusable due to compelling reasons which the bylaw of this law shall determine.
5. A sick non-commissioned officer or member of personnel may obtain a sick leave for a period not to exceed three (3) days upon the decision of a physician affiliated with the Ministry of Health in areas where no branches of the Military Medical Service are available. It may be extended for a period not to exceed three (3) more days based upon a medical report by a specialised physician affiliated with the Ministry of Health or the Military Medical Services.
6. Notwithstanding the provisions of sick leave set forth under the preceding paragraphs, a sick non-commissioned officer or member of personnel who suffers from a chronic disease, the definition of which shall be issued by the Minister of Health, shall be granted, based upon the approval of the specialized Military Medical Committee, an exceptional paid leave until he is cured or his condition stabilises in a manner which enables him to return to service. If his disability is proven to be permanent, his service shall be terminated due to physical unfitness.
7. The Commission of Organisation and Administration shall set forth the rules and regulations concerning the obtaining of sick leave for non-commissioned officers or members of personnel in cooperation with the Ministry of Health.
8. If a sick non-commissioned officer or member of personnel wishes to terminate his leave and return to the service, he must obtain the approval of the Military Medical Committee.
9. Malingering by a non-commissioned officer or member of personnel proven by the Military Medical Committee shall be a violation of the duties of service.

Article 166

If the sick non-commissioned officer or member of personnel is outside of Palestine, his sick leave shall be approved by a Military Medical Committee to be established upon the discretion of the Military Attaché at the Embassy in the state where the non-commissioned officer or member of personnel is present or by the Ambassador in a state in which no Military Attaché is available.

Chapter VIII. Duties of Non-Commissioned Officers and Personnel and Prohibited Activities

Article 167

1. Upon the commencement of his appointment, a non-commissioned officer or member of personnel shall swear the Oath of Sincerity and Allegiance to Palestine in accordance with the following formula: ‘I swear by the Almighty God to be loyal to the homeland and the people, to defend them and sacrifice my blood in their cause, to preserve my weapon and military honour, to preserve the laws and regulations and enforce them, to perform all of my functionary and national duties in honour, trustworthiness and sincerity, and to implement all of the orders issued to me. God shall hereby be witness upon what I say. ‘
2. The administering of the oath shall take place before the competent minister or the person whom he delegates therefor. The non-commissioned officer or member of personnel shall sign the form of the ‘Swearing of the Oath’ which shall be kept in his service file.

Article 168

The public function in any of the Security Forces shall be an assignment to those performing it. It shall aim at the service of the homeland and citizens in implementation of the public interest pursuant to the laws, bylaws, decisions and regulations. The non-commissioned officer or member of personnel must heed the provisions of this law and the bylaws, decisions, and regulations issued pursuant thereto. The non-commissioned officer or member of personnel must also:

1. Perform the work assigned to him by himself in an accurate and trustworthy manner and allot the time of the official work for the performance of the duties of his function. He may be assigned to work at times other than the official working hours in addition to the allotted time if the interest of work thus requires.
2. Cooperate with his colleagues in the performance of urgent duties that are necessary for the work progress and the implementation of the public service.
3. Execute the orders issued to him in an accurate and trustworthy manner within the limits of the laws, bylaws, and regulations in force. Each non-commissioned officer shall bear responsibility for the orders issued by him and shall be held responsible for the smooth progress of work within the limits of his jurisdiction.
4. Preserve the dignity of his function in accordance with public tradition and act in his behaviour in a manner conforming to the respect due thereto.

Article 169

During military service, the non-commissioned officer or member of personnel shall be prohibited from:

1. Expressing political opinions and working in politics or affiliating with parties, entities, associations or organisations with political objectives.
2. Participating in any demonstration or disturbances.
3. Taking part in organising partisan meetings or electoral campaigns.
4. Holding meetings to criticise actions of the National Authority.
5. Revealing information or clarifications about subjects which are confidential due to their nature or as per special directive. Adherence to confidentiality shall be required even upon the expiration of service.
6. Keeping to himself any document, official paper or copy thereof, even if it pertains to a work he was assigned to perform personally.
7. Contravening the procedures of private and public security regarding which a decision shall be issued by the competent minister.
8. Appointing a person as mediator, accepting favouritism in any matter related to his function, or acting as an intermediary for a private dispute or another employee in any matter pertaining thereto.
9. Contacting any party who is not Palestinian, except pursuant to the instructions issued by the competent authorities.
10. Issuing statements to the media, except under an official authorisation by the competent minister.

Article 170

1. A non-commissioned officer and member of personnel may not perform acts for a third party with or without payment, even during other than official working hours. The bylaw of this law shall determine the rules and regulations concerning the acts which the non-commissioned officer and member of personnel may perform during other than the official working hours in a manner that harms, clashes with, or contradicts the duties of the military service or its requirements.
2. A non-commissioned officer or member of personnel may assume, with salary or remuneration, the acts of custodianship, guardianship or agency on behalf of absentees or judicial assistance if the person under custodianship or guardianship, the absentee or the person to whom a judicial assistant is appointed is linked to him by kinship or affinity up to the fourth degree.
3. A non-commissioned officer or member of personnel may assume, with salary or remuneration, custodianship over the properties in which he is a partner or an owner of interest or which are owned by those to whom he is linked by kinship or affinity up to the fourth degree.
4. In all cases set forth under the two preceding paragraphs, the noncommissioned officer or member of personnel must notify his command thereof. The notification shall be kept in his service file.

Article 171

A non-commissioned officer or member of personnel may not be married to a non-Arab spouse unless a special permission of the competent minister, and he must obtain a prior license of marriage.

Article 172

A non-commissioned officer or member of personnel, either in person or by proxy, shall be prohibited from performing the following:

1. Purchase movable or immovable properties which are bid by administrative or judicial parties for sale at the department in which he performs his function if such purchase is related thereto.
2. Practice commercial or industrial works of any kind whatsoever, particularly to have any interest in works, contracting works or tenders linked to his function.
3. Rent land or buildings or any other real estate with the intention to exploit them at the department in which he performs his function.
4. Take part in the incorporation of companies or in the membership of their boards of directors, or in any other position therein, unless he is delegated on behalf of the Security Forces.
5. Speculate in stock exchange markets.
6. Gamble in clubs or halls allocated for non-commissioned officers or personnel or in public places or cabarets.

Article 173

1. Any non-commissioned officer or member of personnel contravening the duties set forth in this law or in the decisions issued by the competent minister, deviating from the requirements of the duty of his function, or behaving or appearing in a manner that may infringe the dignity of the function shall be punished in a disciplinary manner, without prejudice to further civil or criminal action, as occasion may require.
2. A non-commissioned officer or member of personnel shall not be exempt from a penalty based upon an order by his commander or manager, unless his violation is proven to have been the execution of an order issued to him by such commander or manager, despite having brought the violation to the attention of the commander or manager. In such case, responsibility shall be borne by the issuer of the order alone.
3. A non-commissioned officer or member of personnel shall not be indicted on civil grounds except for his personal error.

Chapter IX. Penalties

Article 174

The following penalties may be imposed upon non-commissioned officers and personnel:

1. Corrective penalties imposed by direct commanders and commands.
2. Penalties imposed by the Military Courts pursuant to the provisions of the Military Penal Law.

Article 175

The non-commissioned officer or member of personnel who is punished in a corrective manner by imprisonment shall have the days of his imprisonment deducted from his salary.

Article 176

The bylaw of this law shall determine the counting of the periods of absence for non-commissioned officers and personnel that precede desertion from the military service and the procedures adopted.

Article 177

1. Corrective penalties imposed upon non-commissioned officers or personnel shall extinguish pursuant to the rules and regulations which the bylaw of this law shall determine.
2. Extinction of the corrective penalty shall result in it being considered as if it had not occurred with regard to the future and shall not affect the entitlements and recompenses resulting therefrom. The documents of the penalty, any reference to it, and all that is related to it shall be removed from the service file.

Chapter X. Decorations, Badges and Medals

Article 178

1. The awarding of decorations, badges, and medals to non-commissioned officers or personnel and the permission to bear Arab and foreign decorations shall be pursuant to the provisions of the Articles of CHAPTER IX under PART THREE.
2. Requests for the awarding of military badges and medals to non-commissioned officers or personnel shall be presented to the Commission of Organisation and Administration to examine them and recommend them to those whom it deems to be deserving. They shall be sent, upon the approval of the competent minister, to the President, who will order which awards are to be conferred.

Chapter XII. Expiration of Service

Article 179

The service of a non-commissioned officer or member of personnel shall expire in each of the following cases:

1. Termination of the contract of voluntary enlistment.
2. Dispensing with service.
3. Physical unfitness for service.
4. Dismissal from service.
5. A final judgement of conviction of a crime or misdemeanour violating honour or trust.
6. Death.

Article 180

1. The service of a non-commissioned officer or member of personnel shall expire upon the completion of the period of his voluntary enlistment in military service and his lack of desire to renew it or due to the non-approval of the Commission of Organisation and Administration to renew it. In both cases, the expiration of service shall enter into force from the day following the completion of the period of voluntary enlistment, except in a state of emergency, in which event the non-commissioned officer or member of personnel may be kept in military service for the duration of such state, and such shall be a period of active service and shall enter in the assessment of salaries or remuneration.
2. A non-commissioned officer, who has spent fifteen (15) years in service, including extra periods, may request that his service be terminated.
3. The service of a non-commissioned officer or member of personnel shall expire when he reaches forty-six (46) years of age, with the exception of an Adjutant or First Adjutant, whose service shall expire when he reaches fifty-one (51) years of age.
4. Non-commissioned officers and personnel whose service has expired may be kept for a period not to exceed one (1) year pursuant to the provisions of the preceding paragraph. Such shall be a period of active service and shall enter in the assessment of salaries or remuneration.

Article 181

1. The service of a non-commissioned officer shall be dispensed with in the following cases:

• If he was a student in an educational institution and did not complete the stages of study in accordance with the conditions of his voluntary enlistment.
• Lack of technical or military qualification for military service, based upon a decision of a competent committee, the formation of which the bylaw of this law shall determine.
• For reasons pertaining to security or public interest.

2. The bylaw of this law shall determine the party which is entitled to decide whether to dispense with military service based upon the reasons set forth under the preceding paragraph.

Article 182

The service of a non-commissioned officer or member of personnel shall not be dispensed with except upon questioning by an interrogation committee to be established for such purpose by the competent minister. Such a committee may recommend that he remain in service or dispense with his service. In the latter case, a decision regarding the dispensing with his service shall be issued.

Article 183

The service of a non-commissioned officer or member of personnel shall be terminated due to physical unfitness for military service. Physical unfitness shall be proven by a decision of the Military Medical Committee, based upon the request of the competent ministry or the non-commissioned officer or member of personnel. The service of the non-commissioned officer or member of personnel may not be terminated due to physical unfitness before his sick leave expires, unless he himself requests that his service be terminated and that he be transferred to provisional retirement.

Section Three. General and Transitional Provisions

Chapter I. General Provisions

Article 184

A decision shall be issued by the President to determine the signs of the ranks and the uniforms for security personnel, in addition to the military decorations, badges, and medals, based upon a proposal by a special committee to be established for such purpose by the President.

Article 185

The President may promote a soldier to the next rank without adhering to the condition of the period, if the soldier performed exceptional, glorious deeds during his duties or in the service of the Security Forces, by nomination of the competent minister and based upon the recommendation of the Committee of Officers or the competent parties pursuant to the provisions of this law.

Article 186

A soldier may not marry a foreign spouse, except upon obtaining a special permission therefor. The bylaw of this law shall determine the obtaining of such permission and its conditions.

Article 187

The commencement of military service shall be from the date of joining a military college or military institute, joining the Forces of the Palestinian Revolution, or voluntary enlistment therein pursuant to the provisions of this law.

Article 188

1. An invention made by a soldier during or due to the performance of his function shall be the property of the security force in which he serves in the following cases:

• If the invention is a result of official experiments.
• If the invention is within the scope of the duties of his function.
• If the invention has a link to military or security affairs.

2. Notwithstanding the provision under the preceding paragraph, a soldier shall be entitled to fair compensation if the invention is valid for financial use.

Article 189

Officers other than those graduating from military colleges and institutes may be promoted to their next ranks, each in accordance with the academic qualification he obtained before joining the service, in the following manner:

1. Those holding secondary school certificates or equivalents of vocational certificates may be promoted up to the rank of Honour Major. Those qualified from among them may be promoted to the rank of Honour Lieutenant-Colonel by selection, in accordance with the conditions of which a decision shall be issued by the competent minister. They may also be promoted to the rank of Honour Lieutenant-Colonel by selection from among those who hold a university degree during the service that fits their specialisation.
2. Those holding a certificate of a preparatory school, a diploma of an industrial school or their equivalent may be promoted up to the rank of Honour Captain.
3. Those obtaining lower educational qualifications or who did not obtain an educational qualification may not be promoted to a rank higher than Honour First Lieutenant.

Article 190

If a soldier is transferred to any civil function, his name shall be deleted from the Register of the Security Forces, and he shall not be reinstated to service if three (3) years lapse after the deletion of his name. If it is decided that he be reinstated to service prior to the lapse of such period, he shall be included on the table of seniority in accordance with his original seniority.

Article 191

If a soldier is transferred to a civil function, he shall be transferred to the next grade in which the salary allocated for his military rank shall enter in its fixed sum. His seniority therein shall be counted from the date of obtaining the first fixed sum. If he earned a salary and increments, the total of which is less than what he earned in service, the difference shall be paid to him personally until he is promoted or included in the increments. The bylaw of this law shall determine the number of increments which are counted for the soldier upon his transfer.

Article 192

Officers whose services were terminated for non-disciplinary reasons and who possess special experience in the Security Forces may be recalled. In such case, the officer who is recalled may be granted a monthly remuneration equal to the difference between the salary and increments without deductions of an active officer of the same rank and his salary. The recalling shall be by decision of the President based upon the request of the competent minister.

Article 193

By decision of the competent minister, a soldier may be kept in service following the expiration of the period of his service for a period not to exceed one (1) month to deliver what is in his possession. He shall be paid for the period of delivery a recompensation that is equal to his last salary.

Article 194

The Law of Military Procedures shall determine the types of military crimes, the penalties designated thereto, the jurisdiction of the Military Courts to hear and adjudicate them, the corrective crimes and the penalties designated thereto, and the jurisdiction of commanders to hear and adjudicate them, in addition to the proceedings adopted in such regard.

Article 195

1. If a soldier is detained by judicial order, he shall receive half of his salary, to which the social increment shall be added, for the period of his detention, until the charge against him is adjudicated.
2. If a judgement convicting the soldier is not issued, the deducted amount of his salary shall be repaid to him for the period of detention.
3. If the soldier is sentenced to imprisonment for a period not exceeding three (3) years, he shall continue to earn half of his basic salary, to which the social increment shall be added, for the period of the sentence.
4. A soldier who is kept in service upon the serving of his sentence shall be entitled to his salary from the date of his release.
5. A detained soldier, who is released temporarily and is assigned to work, shall continue to earn his salary for the period during which he is released. If he is released temporarily, however, and is not assigned to work, he shall be treated pursuant to the provisions under paragraph 1 of this Article.
6. The competent minister may keep a soldier in military service if he is referred to the Judiciary until his case is adjudicated in a final manner. During such period, he shall be treated pursuant to the provisions under the preceding paragraph.

Article 196

Periods of missing service shall be deducted from periods of active service and shall not enter in the counting of seniority and promotion or the assessment of remuneration. Periods of missing service shall include the following:

1. A period of sentence served in prison in execution of a judicial judgement issued by a regular court.
2. A period of desertion from military service.
3. A period of illegitimate absence from work exceeding five (5) consecutive days.
4. A period of imprisonment, if the innocence of the prisoner is not proven in accordance with the definitions of the bylaw of this law.
5. A period of sick leave, if the sickness was due to a crime of which a soldier is convicted or due to the self-infliction of injuries or diseases.

Article 197

Periods of enforcement of corrective penalties shall not be deemed periods of missing service and shall enter into the counting of the active service.

Article 198

1. Officers shall be subject to the provisions of the Law of Military Procedures concerning acts related to the command of a regular force. Non-commissioned officers and personnel shall be subject to the aforementioned law in all that is related to their service.
2. The bylaw of this law shall determine the parties who may issue decisions regulating the establishment of military prisons for officers, non-commissioned officers, or personnel of the security forces.

Article 199

The competent ministry may keep in a special account funds accruing from penalties of discount and suspension from work imposed upon security personnel, in addition to salaries deprived during the periods of suspension from work and amounts deducted for days of absence without permission and periods of imprisonment. Such funds shall be used for social, cultural, and sports purposes in accordance with the conditions which the bylaw of this law shall determine.

Article 200

The bylaw of this law shall determine the rules and regulations for fining a soldier for the mismanagement of funds and the destruction or loss of equipment, as well as the manner of their deduction from the Register of the Security Forces, in addition to the party which incurs them.

Article 201

Salaries of soldiers may not be seized in return for their debts, except by a judicial order.

Article 202

A soldier, who is dismissed from military service, shall have his military rank removed. In contrast, the demotion of officers whose service is dispensed with for disciplinary reasons shall become effective by decision of the Committee of Officers and approval of the President. The bylaw of this law shall determine the procedures for the demotion of ranks.

Article 203

The bylaw of this law shall determine the manner of demotion and removal of military ranks.

Article 204

1. In all cases of termination of service, with the exception of death a soldier, shall be given, based upon his request, a certificate stating his period of military service and each reason for the termination of service.
2. The bylaw of this law shall determine the form of the certificate of military service, the manner of its conferral, the substitution of a lost copy, and all other matters related thereto.

Article 205

The National Authority shall secure the clothing, sheltering, arming, preparing and burying of security personnel at its own expense. The bylaw of this law shall determine all matters related thereto.

Article 206

The bylaw of this law shall determine the establishment of educational institutions and their entry requirements, including the age limits of students, ranks, salaries, and recompenses during service.

Article 207

The bylaw of this law shall determine the treatment of missing security personnel and prisoners and the payment of their salaries and recompenses.

Article 208

The bylaw of this law shall determine the feeding of security personnel, in addition to the feeding of male and female nurses during their vigil.

Article 209

A soldier and a member of his family, whom he is legally assigned to support, shall be entitled to medical treatment free of charge at military and governmental hospitals and institutions.

Article 210

A soldier and the persons whom he is legally assigned to support must be treated outside of Palestine at the expense of the National Authority if treatment inside Palestine is impossible, provided that such is done on the basis of a report of the Military Medical Committee.

Article 211

A soldier, who is residing outside of Palestine by virtue of his function or those delegated on an official mission, shall be treated at the expense of the National Authority, provided that a report by a physician supports the necessity of treatment and its correct conduct is confirmed by offices of the Authority in the place of treatment. If these are not available, the approval of an official health reference shall be sufficient.

Article 212

1. Artificial limbs and supplementary artificial equipment shall be provided and replaced for soldiers that are injured during or because of service for their lifetime at the expense of the National Authority.
2. Artificial limbs shall be provided for soldiers injured by a cause other than service once at the expense of the National Authority.

Article 213

1. A soldier whose service expires for any reason whatsoever while he is sick at a military hospital shall remain at the hospital in a civilian capacity. His treatment shall continue to be free of charge until he is cured. He shall not be granted any salary or recompense starting from the date on which his service expires through the period that he spends at the hospital thereafter.
2. A soldier who is injured due to a special mission and whose service expires shall be excepted if he was:

• Under treatment, whereby he shall continue to be in service until he is cured. Thereafter, his service shall be terminated. His salaries, recompenses, and increments shall be paid to him throughout the period of his treatment.
• Present in a professional rehabilitation centre, whereby he shall continue to be in service until he completes his treatment. His salaries, recompenses and increments shall be paid to him throughout the period of his treatment.
• Infected with tuberculosis or a malignant tumor, whereby he shall continue to be in service and be under treatment for a period not to exceed two (2) years. His due salaries, recompenses and increments shall be paid to him.

3. The provisions of clauses (a) and (b) under the preceding paragraph shall apply to a soldier who is injured during or due to service.

Article 214

The competent ministry may employ a sufficient number of civilian workers in the security force affiliated with it. They shall be subject to the provisions of the Law of Civil Service concerning all that is related to their employment until the expiration of their service.

Chapter II. Transitional Provisions

Article 215

1. Situations of officers transferred to the reserve shall be settled for promotion and retirement by counting half of the period of their stay in the reserve as a period of active service.
2. Officers recalled from the reserve to service shall have their situations settled pursuant to the provisions under the preceding paragraph of this Article.
3. For released prisoners who are recruited into the Security Forces, periods of imprisonment shall be counted as periods of active service for the settlement of their situations in relation to retirement, pursuant to a special regulation that shall be issued.
4. Situations of security personnel who reach the age of the retirement on pension shall be settled pursuant to the provisions of this law.

Article 216

Security personnel, after whose appointment or promotion a period exceeding one (1) year has lapsed without obtaining regular increments for reasons other than disciplinary ones or annual appraisal reports, shall be entitled, upon the enforcement of this law, to an increment from the date on which one (1) year lapsed, without being paid the difference for the periods preceding the enforcement of this law. Then they shall be entitled to the next regular increment pursuant to the provisions of this law.

Article 217

Regular increments may not be paid to officers except within the limits of the period set forth in the attached Table No. 1. Officers who are included in the provisions of Articles 38, 39, 40 and 41 shall be excepted, whereby the regular increment shall continue to be paid for a period of two (2) years, in addition to the period of time set forth in the aforementioned Table.

Article 218

In a manner not contradicting the provisions of this law, the provisions of the Law of Civil Service and the Law of Social Insurances in force shall apply to officers, non-commissioned, and personnel of the Security Forces upon the enforcement of this law.

Article 219

The Council of Ministers shall issue the bylaw of this law.

Article 220

In a manner not contradicting the provisions of this law, decisions, regulations, and instructions issued concerning military affairs of the Security Forces shall remain valid until the issuance of decisions, regulations, and instructions for the enforcement of its provisions.

Article 221

Every provision which contradicts the provisions of this law is hereby repealed.

Article 222

All competent authorities, each one within its sphere of jurisdiction, shall implement the provisions of this law, which shall enter into force as of the date of its publication in the Official Gazette.

Issued in the city of Ramallah on 4 June, 2005 AD, corresponding to 27 Rabi’ Thani 1426 AH

Mahmoud Abbas

Chairman of the Executive Committee of the Palestine Liberation Organisation

President of the Palestinian National Authority

Table of Salaries and Increments

* The regular increment shall be at the rate of one and a quarter (1.25%) percent of the basic salary for each of the ranks mentioned in the Table per each year of service.

The increment of the cost of living shall be assessed in accordance with the basics applicable in the National Authority and standard consumer prices and by decision of the Council of Ministers, based upon the recommendation of the competent authorities in due form.