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Pakistan (Punjab) Legislation |
[1]THE [2][
(W.P.
Ordinance XX of 1961)
[
An Ordinance to provide for the constitution of a special agency for
the investigation of certain offences relating to corruption
by public servants
and for holding preliminary inquiries against such servants in [3][the
Preamble.- WHEREAS it is expedient to provide for the constitution of a special agency for the investigation of certain offences relating to corruption by public servants and for holding preliminary inquiries against such servants in [4][the Punjab];
NOW, THEREFORE, in pursuance of the Presidential Proclamation of the seventh day of October, 1958, and having received the previous instructions of the President, the Governor of West Pakistan is pleased, in exercise of all powers enabling him in that behalf, to make and promulgate the following Ordinance:-
1. Short title and extent.-
(1) This Ordinance may be called the [5][
(2) It extends to the whole of the province of [6][the
2. Definitions.- In this Ordinance, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say:-
(i) "Establishment" means the Anti-Corruption Establishment constituted under section 3;
(ii) "[8][Director General]" means the [9][Director General] of the Anti-Corruption Establishment appointed under section 4;
(iii) "Government" means the [10][Provincial Government of the
(iv) "public servant" means a public servant as defined in section 21 of the Pakistan Penal Code[11]; and
(v) "Schedule" means the schedule appended to this Ordinance.
3. Constitution and powers of the
Anti-Corruption Establishment.- (1) Notwithstanding anything contained in any other law
for the time being in force, Government may constitute[12] an establishment to be
known as the Anti-Corruption Establishment, for the investigation of offences
set forth in the Schedule, and
for holding preliminary inquiries for
determining whether such offences shall be investigated or departmental
inquiries into the
conduct of any public servant concerned in such offences
shall be held:
Provided that nothing contained in this Ordinance shall affect the provisions of sub-section (2) of section 2 of the Pakistan Special Police Establishment Ordinance, 1948[13].
(2) The Establishment shall consist of a [14][Director General] and such number of officers and
members as may be determined by Government.
(3) Subject
to the provisions of section 4, the pay and other conditions of service of the [15][Director General], officers and members of the
Establishment shall be such as may be determined by Government.
[16][(4) Subject to any orders or rules which Government may make in this behalf, the [17][Director General], officers and members of the Establishment shall, for the purpose of any preliminary enquiry or investigation under this Ordinance have throughout the province of [18][the Punjab] all the powers of search, arrest of persons and seizure of property and all other powers, duties, privileges and liabilities which a police officer has or is subject to in connection with the investigation of offences under the Code of Criminal Procedure, 1898[19].
(5) Subject to any orders of Government in this behalf, any officer of the Establishment of or above the rank of a Sub-Inspector, may, in relation to the offences mentioned in the Schedule, exercise, any of the powers of the officer incharge of a police station within the meaning of clause (p) of sub-section (1) of section 4 of the Code of Criminal Procedure, 1898[20], in the area in which he is for the time being posted, and when so exercising such powers shall be deemed to be an officer incharge of a police station discharging the functions of such an officer within the limits of his station.
4. Superintendence and general control.- (1) Government shall appoint a person to discharge the functions and perform the duties of [21][Director General] under this ordinance.
(2) Subject to such orders as Government may make, the superintendence and general control of the establishment shall vest in the [22][Director General].
(3) The
[23][Director General] shall exercise, in respect of
officers and men belonging to the Police Force and serving in the
establishment,
all the powers exercisable by an Inspector-General of Police in
respect of the Police Force in the Province.
5. Bar to legal proceedings.- No suit or legal proceedings shall lie against Government or the [24][Director General], or any other officer or member of the Anti-Corruption Establishment in respect of anything in good faith done or intended to be done under this Ordinance.
6. Power to make rules.- (1) Government may make rules for carrying out the purposes of this Ordinance.
(2) In particular and without prejudice to the generality of the foregoing power such rules may provide for the organization of the establishment and for prescribing the authorities with whose permission investigation of any case or class of cases may be commenced or any person may be arrested.
7. Repeal.- The Sind Prevention of Bribery and Corruption Act, 1950[25], is hereby repealed.
8. Provisions not in derogation of any other law.- The provisions of this Ordinance are in addition to and not in derogation of any other law for the time being in force.
SCHEDULE
[SECTION 3]
(a) Offences punishable under [26][sections 161 to 169], 217 and 218 of the Pakistan Penal Code[27], and as attempts, abetments and conspiracies in relation thereto or connected therewith.
(b) Offences punishable under [28][sections 186, 188, 189, 201, 332, 353, 379 to 382, 403 to 409, 411] 417 to 420, 465 to 468, 471 and 477-A of the Pakistan Penal Code[29], and as attempts, abetments and conspiracies in relation thereto or connected therewith, when committed by any public servant as such, or by any person acting jointly with or abetting or attempting to abet or acting in conspiracy with any public servant as such; and
(c) Offences punishable under the Prevention of Corruption Act, 1947[30], and as attempts, abetments and conspiracies in relation thereto or connected therewith.
[1]This Ordinance was
promulgated by the Governor of West Pakistan on 15th Aug., 1961, published in
the West Pakistan Gazette (Extraordinary),
dated 8th Sep., 1961, pages
2127-2130; saved and given permanent effect by Article 225 of the Constitution
of the Islamic Republic
of Pakistan (1962).
[2]Substituted by the
[3]Ibid.
[4]Ibid.
[5]Ibid.
[6]Ibid.
[7]Substituted by the
[8]Substituted
for the word "Director" by the Punjab Anti-Corruption Establishment (Amendment)
Act 2005 (XI of 2005).
[9]Ibid.
[10]Substituted, for "Government
of
[11]XLV of 1860.
[12]For notification constituting
the Establishment, see Gazette of
West Pakistan, 1962, Pt. I, P.I.
[13]VIII of 1948.
[14]Substituted
for the word "Director" by the Punjab Anti-Corruption Establishment (Amendment)
Act 2005 (XI of 2005).
[15]Ibid.
[16]Substituted by the
[17]Substituted
for the word "Director" by the Punjab Anti-Corruption Establishment (Amendment)
Act 2005 (XI of 2005).
[18]Substituted by the
[19]V of 1898.
[20]Ibid.
[21]Substituted
for the word "Director" by the Punjab Anti-Corruption Establishment (Amendment)
Act 2005 (XI of 2005).
[22]Ibid.
[23]Ibid.
[24]Substituted
for the word "Director" by the Punjab Anti-Corruption Establishment (Amendment)
Act 2005 (XI of 2005).
[25]
[26]Substituted by the West
Pakistan Anti-Corruption Establishment (Amendment) Ordinance, 1970 (III of
1970), for "sections 161 to 168".
[27]XLV of 1860.
[28]Substituted by the West
Pakistan Anti-Corruption Establishment (Amendment) Ordinance, 1970 (III of
1970), for "sections 403 to 409".
[29]XLV of 1860.
[30]II of 1947.
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