Updated: Sunday April 30, 2017/AlAhad
Sha'ban 04, 1438/Ravivara
Vaisakha 10, 1939, at 10:01:09 PM
GOVERNMENT OF THE
SERVICES, GENERAL
ADMINISTRATION AND INFORMATION DEPARTMENT
NOTIFICATION
[28th March, 1985]
No.SV-13/1/85 In exercise of the powers conferred
upon him by Section 6 of the Punjab Anti-Corruption Establishment Ordinance,
1961 (West Pakistan Ordinance XX of 1961) and in supersession of the West
Pakistan Anti-Corruption Establishment Rules, 1974, the Governor of the
The
1. Short title and
commencement.–- (1) These Rules may be called the Punjab Anti-Corruption
Establishment Rules, 1985.
(2) They shall come into force on a day to be
notified by the Government.
2. Definitions.–-
(1) In these rules unless the subject or context otherwise requires, the following
expressions shall have the meanings hereby respectively assigned to them, that
is to say:---
(a) ‘Additional Director’ means the Additional
Director of the Establishment of the Region or posted in the Directorate of
Establishment as Additional Director (HQ);
(b) ‘Assistant Director’ means the Assistant
Director of the Establishment;
1(bb) ‘Chief Minister’ means the Chief Minister of
the
(c) ‘Chief Secretary’ means the Chief Secretary to
the Government of the
(d) ‘Circle Officer’ means the officer so posted by
the Establishment as Circle Officer in the District;
(e) ‘Competent Authority’ means the authority to
accord permission either to hold an enquiry or to order registration of a
criminal case or drop the case after investigation or decide departmental
action under these rules;
(f) ‘Deputy Director’ means the Deputy Director of
the Establishment;
(g) ‘Director’ means the Director of the
Establishment;
(h) ‘District
Anti-Corruption Committee’ means the Committee constituted under rule 20 of
these rules;
(i) ‘Establishment’ means Anti-Corruption
Establishment Punjab;
(j) ‘Ex-officio Additional Director’ and
‘Ex-officio Assistant Director’ means officer of the Administrative Department
notified by the Government as such, and Ex-officio Deputy Director means the
3District Coordination Officer of the District Government;
(k) ‘Government’ means Government of the
(l) ‘Governor’ means the Governor of the
(m) ‘Head of Attached Department’ means an officer
Incharge of a department declared as such by the Government;
(n) ‘Ordinance’ means the Punjab Anti-Corruption
Establishment Ordinance 1961 (West Pakistan Ordinance No.XX of 1961);
(o) ‘Provincial Anti-Corruption Committee’ means
the committee constituted under rule 21 of these rules; and
(p) ‘Region’ means an area under the Additional
Director.
(2) The expressions used but not defined in these
rules and defined in the Ordinance shall have the same meanings as are assigned
to them in the Ordinance.
3. Area of jurisdiction of
ex-officio Deputy Director and Additional Director.— The
area of jurisdiction of Ex-officio Deputy Director shall be the district of his
posting while that of exofficio Additional Director shall be over his
department and attached department in which he shall be assisted by the
ex-officio Assistant Directors.
4. The ex-officio Additional Director and
ex-officio Deputy Director shall only deal with the category of cases which may
be assigned to them by the Government from time to time by notification.
5. (1) After the preliminary enquiry, if the
ex-officio Additional Director or ex-officio Deputy Director finds that:---
(a) There is no ground to proceed further in the
matter, the proceeding shall be dropped after recording reasons and the
complainant if any, shall be informed:---
(b) There are reasonable grounds to proceed further
in the matter, he shall refer the case along with relevant record to the
appointing authority of the accused public servant for departmental proceedings
under the Efficiency and Discipline Rules.
(2) If the ex-officio Additional Director or
ex-officio Deputy Director receives a complaint or gets information through
reliable source regarding a serious case which does not fall within the category
of the notification issued under Rule 4, he shall refer the same to the
Director.
(3) If a case is referred under sub rule (2), the
Director after examining the same may return the same to the concerned
ex-officio Additional Director, ex-officio Deputy Director who shall deal with
the same under these rules.
6. Preliminary Enquiries and
investigations against public servants.–- Preliminary enquiries and
investigations shall be initiated by the Establishment against public servants
on complaints received from the Government, Heads of Departments or other
reliable sources.
7. Initiation of preliminary
enquiries against public servants.–- A Deputy Director or an officer
of or above his rank shall initiate preliminary enquiries in order to ascertain
the identity of the complainant or informer and genuineness of the
complaint/information:---
Provided that the enquiry against the ‘District
Coordination Officers’ of the District Governments, Secretaries to the
Provincial Government, Heads of attached Departments and other officers of
BPS-20 and above, shall be initiated by the Director with the prior permission
of the 7Chief Minister:---
Provided further that for those officers mentioned
in the first proviso who are in BPS-19, such permission shall be accorded by
the Chief Secretary:---
Provided further that the Director may, without
such permission, contact the complainant or the informer in order to ascertain
his identity and the evidence available with him, if any, in support of the
complaint.
8. Registration of cases.–- (1)
Criminal cases shall be registered by the Establishment under Prevention of Corruption
Act, 1947 and under such sections of the Pakistan Penal Code, as have been set
forth in the schedule to the Ordinance.
(2) Criminal case shall be registered against
accused public servants under the written orders of officers of Establishment
mentioned below,---
(a) Public Servants in BPS 1-16 Not below a Deputy
Director.
(b) Public Servants in BPS-17 Not below an
Additional and 18. Director.
(c) Public Servants in BPS-19 Director, and above.
Provided that no case shall however be registered
by the Director against public servants of the status of ‘District Coordination
Officer’, Secretary to Provincial Government, Heads of Attached Departments
and, other Officers of BPS-20 and above without the prior permission of the Chief
Minister.
Provided further that for those public servants
mentioned in the first proviso who are in BPS-19 such permission shall be
accorded by the Chief Secretary.
Provided further that no prior permission shall be
required for registration of a case against a public servant caught as a result
of trap arranged by the Establishment under the supervision of a Magistrate, in
the act of committing an offence specified in the Schedule to the Ordinance. In
such a case, a report shall immediately be made to the Chief Secretary, the
Administrative Secretary and immediate superior of the public servant concerned
if he is in BPS-16 and above and to the appointing authority and immediate
superior if the public servant is in BPS-15 and below.
(3) If the
competent authority under sub rule (2) decides not to register a case, he shall
record reasons thereof.
9. Arrest–-The
accused public servant may be arrested if his arrest becomes unavoidable during
investigation, except in the following cases when permission will be accorded
by the authority specified below:---
(a) Officers in BPS-18 and 19. Additional Chief
Secretary
(b) District Coordination Officer Chief Secretary and
Secretaries to Government, Heads of Attached Departments and officers in BPS-20
and above.
Provided that no such permission for arrest shall
be required after sanction for prosecution has been accorded by the authority
prescribed for the purpose under the criminal Law Amendment Act, 1958;
Provided further that no prior permission shall be
necessary for the arrest of a public servant caught as a result of trap as
mentioned in sub rule (2) of rule 8.
10. Informing
11. Obtaining sanction for prosecution–- After
investigation the cases considered fit for prosecution, the following
authorities shall be competent to move for sanction for prosecution required
under sub-section (5) of section 6 of the Criminal Law Amendment Act, 1958 (XL
of 1958):---
(a) Director or Additional Director in cases
against public servants up to BPS-18; and
(b) Director in cases against public servant in
BPS-19 and above.
12. Sanction for prosecution: Sanction for
prosecution shall be obtained from the authority specified under the Criminal
Law Amendment Act, 1958 (Act XL of 1958).
13. Prosecution
of the accused public servant:— On receipt of sanction the
accused public servant shall be challaned to court without any delay and the
Authorities mentioned in rule 8 shall be intimated.
14. Trap:— In
all cases of raids the ’Sessions Judge’ or in his absence the Additional District
and Sessions Judge nominated for the purpose’ shall be approached by the officers
of the Establishment posted in the District to depute a magistrate for supervising
the raid.
15. Dropping of cases or
recommending Departmental Action.–-
(1) The following procedure shall be followed for
dropping of a case or recommending departmental action,---
(a) On completion of investigation, if allegations
are not established, the case shall be dropped and intimation to the effect
shall be sent to the authorities mentioned in rule 8;
(b) If after investigation, it is found that
prosecution is not called for but sufficient material is available on record
for departmental action, the Establishment shall move the departmental
authorities for departmental proceedings under Efficiency and Discipline Rules.
(2) The following authorities shall decide dropping
of cases or departmental action:---
(a) Additional Directors in cases in which public
servants upto BPS-17 are involved.
(b) Director in cases in which public servants upto
BPS-18 are involved.
(c) Chief Secretary in cases in which officers in
BPS-19 and 20 are involved except those mentioned in clause (d) below; and
(d) Chief Minister in cases involving District
Coordination officers, Administrative Secretaries and officers in BPS-21 and
above are involved.
(3) After a decision to take departmental action
has been taken under foregoing sub-rule the competent authority shall initiate
departmental proceeding against the accused public servant.
(4) Copies of final reports and summaries of
dropped cases shall not be supplied, without the permission of the Director.
(5) When decision to hold departmental enquiry
against a public servant is taken, the Establishment shall forward facts of the
case, Draft of Charge Sheet, list of witnesses and documents if any to the
authority prescribed, under the Efficiency and Discipline Rules.
(6) As soon as the enquiry has been completed and
final orders have been passed the result of the same shall be intimated to the
Establishment along with a copy of Enquiry officers reported for completion of
record.
16. Where senior public
servants are involved along with junior public servants.–-
For the purpose of dropping the case after investigation or referring it for
departmental action or making a move to obtain sanction for prosecution, if
more than one public servants are involved, the competent authority for these
decision shall be the one, which is in case of the public servant in the
highest BPS.
17. Police Stations of the
Establishment.–- Cases shall be registered by the Establishment at
the Police stations of the Establishment having the jurisdiction.
18. Application of the
19. Suo moto Examination.–- (1)
The Director may suo moto or otherwise call for the record of any case/enquiry,
pending investigation with the Establishment, examine it and give such
direction as may be necessary for the speedy, fair and just disposal of the
same.
(2) The Director may suo moto or otherwise call for
the record of any case or enquiry for the purpose of satisfying himself as to
the correctness or propriety of decision taken by the Additional Director under
clause (a) of sub-rule (2) of rule 15, and of the ex-officio Additional
Director and ex-officio Deputy Director under these rules, and may pass such
order as may be deemed fit in each case.
(3) The Chief Secretary may suo moto call for the
record of any case or enquiry, for the purpose of satisfying himself as to the
correctness or propriety of decision taken by the Director under the foregoing
sub-rules and under clause (b) of sub-rule (2) of the rule 15, and may pass
such order as deemed fit in each case.
(4) The Chief Minister may suo moto or otherwise
call for the record of any case or enquiry pending or finalized, for the
purposes of satisfying himself as to the correctness or propriety of decision
taken by any authority under these rules and may pass such orders as deemed fit
in each case.
20. District Anti-Corruption Committee. Deleted.
21. Provincial
Anti-Corruption Committee.–- (1) There shall be a Provincial Anti-Corruption
Committee in the Province, comprising:---
(a) Provincial Minister to be Chairman appointed by
the Chief Minister.
(b) Three Members of Provincial Member Assembly to
be appointed by the Chief Minister
(c) Chief Secretary. Member
(d) Additional Chief Secretary, Member Services,
General Administration & Information Department.
(e) Home Secretary. Member
(f) Director of the Establishment. Member/Secretary
(2) The following shall be the functions of Provincial
Anti-Corruption Committee,---
(a) To review the progress of Anti-Corruption cases
in the Province;
(b) To consider the reports of Divisional
Anti-Corruption Committees;
(c) To record observations and make recommendations
in respect of cases processed by the Establishment;
(d) To highlight factors, procedures, rules and
laws, giving rise to corruption and to make recommendations to Government for simplification
of the same;
(e) To recommend to Government steps for the
eradication of corruption in the Province;
(3) The Committee shall meet once in every six
months. The date and time shall be fixed by its Chairman and communicated to
the Members by its Secretary.
22. Pending enquiries and
investigation:—The cases already registered and enquiries already
pending investigations under the Punjab Anti-Corruption Establishment Rules,
1974 shall be processed further under the present rules, from the stage up to
which they have been completed under the previous rules.
1 Added
by Notification No.SV-13-1/85 dated 27.03.1986.
2 Omitted
vide Notification dated the October 29, 2001
3 The
word District Coordination Officer of the District Government was amended and
added vide Notification dated the October 29, 2001
4 Omitted
vide Notification No SO(E.AC)4-143/85 dated April, 1989
5 Notification
No.SV-13-1-85 dated 23-05-1985. – In exercise of the powers conferred upon him
by rule 4 of the Punjab Anti-Corruption Establishment Rules, 1985, the Governor
of the Punjab is pleased to lay down the following category of cases, which
shall be dealt with by the ex-officio Additional Directors and ex-officio Deputy
Directors of the Establishment:---
(i) Cases of bribery, embezzlement or
misappropriation involving petty amounts.
(ii) Cases of public servants caught in a raid/trap
involving small amount and temporary misappropriation not involving substantial
amounts.
The cases of those public servants who are
frequently involved in the cases referred to above shall be dealt with by the
Director or Additional Director Anti-Corruption Establishment). The words
District Coordination officers of the District Governments instead of
Commissioners of divisions were substituted and added vide Notification dated
October 29, 2001.
7 Word
Governor substituted with Chief Minister vide notification No SO(E.AC)4-143/85
dated April, 1989.
8 Third
proviso added vide Notification No.SO(E&AC) 4-143/86 dated 19-11-1987.
9 The
word District Coordination Officer of the District Government was amended and
added vide Notification dated the October 29, 2001
10 Word
Governor substituted with Chief Minister vide notification No SO(E.AC)4-143/85
dated April, 1989.
11 The
word Commissioner was substituted with Additional Chief Secretary vide
Notification dated October 29, 2001
12 The
words District Coordination officers of the District Governments instead of
Commissioners of divisions were substituted and added vide Notification dated
October 29, 2001.
13 The
word Deputy Commissioner and the word Additional Deputy Commissioner (General)
were substituted by the Sessions Judge and the Additional District Sessions
Judge nominated for the purpose respectively vide Notification dated October
29, 2001.
14 The
word Deputy Commissioner and the word Additional Deputy Commissioner (General)
were substituted by the Sessions Judge and the Additional District Sessions
Judge nominated for the purpose respectively vide Notification dated October
29, 2001.
15 Word
Governor substituted with Chief Minister vide notification No SO(E.AC)4-143/85
dated April, 1989.
16 The
word District Coordination Officer of the District Government was amended and
added vide Notification dated the October 29, 2001
17 Word
Governor substituted with Chief Minister vide notification No SO(E.AC)4-143/85
dated April, 1989.
18 Deleted
vide Notification dated October 29, 2001
19 Word
Governor substituted with Chief Minister vide notification No SO(E.AC)4-143/85
dated April, 1989.
20 Word
Governor substituted with Chief Minister vide notification No SO(E.AC)4-143/85
dated April, 1989.
The Punjab Anti-Corruption
Establishment Ordinance, 1961
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