Updated: Sunday April 30, 2017/AlAhad
Sha'ban 04, 1438/Ravivara
Vaisakha 10, 1939, at 10:02:17 PM
The
GOVERNMENT OF THE
ADMINISTRATION DEPARTMENT
[7th February, 2014]
NOTIFICATION
No.SOE-II(S&GAD)3-203/13.- In
exercise of the powers conferred under section 6 of the Punjab Anti-Corruption
Establishment Ordinance, 1961 (XX of 1961), Governor of the
1. Short title and commencement.– (1)
These rules may be cited as the Punjab Anti-corruption Establishment Rules
2014.
(2) They shall come into force at once.
2. Definitions.– (1)
In these rules:---
(a) “Additional Director General” means the
Additional Director General of the Establishment at the Headquarters;
(b) “Assistant Director” means an Assistant Director
of the Establishment;
(c) “Chief Minister” means the Chief Minister of
the
(d) “Chief Secretary” means the Chief Secretary to
the Government;
(e) “Circle Officer” means an officer posted by the
Establishment as Circle Officer in a district;
(f) “Deputy Director” means a Deputy Director of
the Establishment;
(g) “Director” means the Director of a Region;
(h) “ex-officio Deputy Director” means the District
Coordination Officer of the concerned District Government;
(i) “ex-officio Director” means an officer of the
rank of an Additional Secretary who deals with administration or establishment
matters or an officer in the same rank nominated as such by the administrative
department;
(j) “Head of Attached Department” means an officer
in charge of an Attached Department declared as such by the Government;
(k) “judicial action” means the decision to submit
a report to the court of competent jurisdiction under section 173 read with
section 170 of the Code of Criminal Procedure, 1898 (V of 1898);
(l) “Ordinance” means the Punjab Anti-Corruption Establishment
Ordinance 1961 (XX of 1961); and
(m) “Region” means an area within the jurisdiction
of a 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. Ex-officio Director and ex-officio Deputy
Director.– (1) The jurisdiction of an ex-officio Director
extends to his Department and attached departments and the jurisdiction of an ex-officio
Deputy Director extends to the whole of the concerned district for
purposes of holding an enquiry and making recommendations to the Director
General for registration of a case.
COMMENTS
There is not appointment of “Director General” under
the Rules as required under rule 3 for the purpose of recommendations.
(2) While holding an enquiry, an ex-officio
Director and ex-officio Deputy
Director shall exercise the same powers as are respectively vested in a Director
or a Deputy Director.
(3) If, after a preliminary enquiry, an ex-officio
Director or an ex-officio Deputy
Director is of the view:---
(a) that there is no ground to proceed further in
the matter, he shall, after recording reasons, drop the proceedings and shall
inform the complainant, if any;
(b) that there are reasonable grounds to initiate
disciplinary action but there are not sufficient grounds for registration of criminal
case, he shall refer the case along with the relevant record to the appointing
authority of the accused public servant for disciplinary action under the law
for the time being in force; and
(c) that there are sufficient grounds to register a
criminal case, he shall refer the case, along with complete record of the case,
to the Director General.
4. Action by Director General.– (1)
The findings of the ex-officio Director
or ex-officio Deputy Director received under clause (c) of
sub-rule (3) of rule 3 shall respectively be construed as the findings of a
Director or a Deputy Director.
(2) If the Director General agrees to the findings
referred to him under clause (c) of sub-rule (3) of rule 3, he may proceed with
the registration of criminal case but if he is not so satisfied, the Director
General may direct such further inquiry as may be necessary.
5. Preliminary enquiry.– (1)
On a complaint received from the Government, a Head of an Attached Department
or other reliable sources, the Establishment shall conduct a preliminary enquiry
against a public servant.
(2) Subject to sub-rule (3), a Deputy Director or
an officer of or above his rank may initiate a preliminary enquiry to ascertain
the identity of the complainant or informer and the veracity of the facts
mentioned in the complaint or the information.
(3) The enquiry mentioned in sub-rule (2) against a
District Coordination Officer of a District Government, a Commissioner of a
Division, a Secretary to the Government, a Head of an Attached Department, and
any other officer of BPS-20 and above shall be initiated by the Director
General with the prior permission of the Chief Minister but in case any of
those officers is in BPS-19, such permission may be accorded by the Chief
Secretary but the Director General may, without any such permission, contact
the complainant or the informer to ascertain his identity and the evidence
available with him, if any, in support of the complaint.
(4) After initiation of a preliminary enquiry, the
concerned public servant, on the first date of hearing, shall be provided, free
of cost, a copy of the complaint along with the annexes, if any.
6. Registration of case etc.– (1)
If the facts so warrant, the Establishment may register a criminal case against
the accused public servant under the Prevention of Corruption Act, 1947 (II of
1947) and under such sections of the Pakistan Penal Code, 1860 (XLV of 1860) as
are mentioned in the Schedule appended to the Ordinance.
(2) Subject to sub-rule (3), no criminal case shall
be registered under sub-rule (1) unless approved in writing by the officer of
the Establishment mentioned below against each category:---
(a) Public servants in BPS-1 to BPS-16 Not below
Deputy Director
(b) Public servants in BPS-17 & BPS-18 Not
below a Director
(c) Public servants in BPS-19 & above Director
General.
(3) Subject to sub-rule (4), no case shall be
registered against a District Coordination Officer of a District Government, a
Commissioner of a Division, a Secretary to the Government, a Head of an
Attached Department, and any other officer of BPS-20 and above without the
prior permission in writing of the Chief Minister but in case any of those
officers is in BPS-19, such permission may be accorded by the Chief Secretary.
(4) No 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 but in that
case a report shall immediately be made to the Chief Secretary, the
Administrative Secretary and the immediate supervisory officer of the public
servant concerned if he is in BPS-16 and above and to the appointing authority
and the immediate supervisory officer if the public servant is in BPS-15 and below.
(5) If the competent authority under sub-rule (2)
decides not to register a case, it shall record reasons there for.
(6) On completion of an enquiry:---
(a) if the allegations are not substantiated, the
enquiry shall be dropped under written orders of the authority mentioned in sub-rule
(2) or sub-rule (3) of rule 6 and intimation to that effect shall be sent to
the concerned public servant and his departmental authorities; and
(b) if sufficient evidence is not available for
registration of a case but there is reasonable evidence on record for
initiation of disciplinary action against the public servant, the authority mentioned
in sub-rule (2) or sub-rule (3) of rule 6 shall refer the matter along with the
complaint and complete record of enquiry and findings to the concerned
departmental authority for disciplinary action under the law for the time being
in force.
7. Arrest.– (1) Subject to
sub-rule (2), the Establishment may, if necessary in public interest, arrest an
accused public servant but no public servant in BPS-18 and above shall be
arrested without prior permission in writing of the authority mentioned below:---
Sr# Category of Public Servants Authority
(a) Subject to entry at Sr # (b), officers in
BPS-18 and 19. Additional Chief Secretary
(b) Secretaries to the Government, Heads of Attached
Departments, Commissioners, District Coordination Officers and officers in BPS-20
and above. Chief Secretary
(2) No permission in terms of sub-rule (1) shall be
required for arrest of 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 but in that
case a report shall immediately be made to the Chief Secretary, the Administrative
Secretary and the immediate supervisory officer of the public servant concerned
if he is in BPS-16 and above and to the appointing authority and the immediate
supervisory officer if the public servant is in BPS-15 and below.
8. Information to the Department.– (1)
As soon as may be after the registration of a case against a public servant,
the Establishment shall convey to the Administrative Secretary and his
immediate supervisory officer if the public servant involved is in BPS-16 or
above and to the appointing authority and immediate supervisory officer in case
of a public servant in BPS-15 and below, a gist of the facts and allegations
warranting the registration of the case.
(2) As soon as may be after the arrest of a public
servant, the Establishment shall inform the authorities mentioned in sub-rule
(1) of the date of arrest and the offence for which the public servant has been
arrested.
9. Traps.– In all cases of
raids, the Establishment shall request the Sessions Judge of the District or,
in his absence, any Additional District and Sessions Judge nominated for the
purpose to depute a Magistrate for supervising the raid.
10. Dropping of case or reference for
departmental action.– (1) The following procedure shall be followed
for dropping a case or, as the case may be, recommending disciplinary action:---
(a) on completion of investigation, if the
allegations are not established, the case shall be dropped and intimation to
the effect shall be sent to the concerned administrative department and the public
servant; and
(b) if after investigation, it is found that
judicial action is not warranted but reasonable evidence is available to
initiate disciplinary action against the public servant, the Establishment
shall, after the confirmation of the cancellation report by the concerned
court, refer the matter to the competent authority for initiation of such
action in accordance with law for the time being in force.
(2) The authorities competent to pass an order for
purposes of dropping a case or recommending disciplinary action in terms of
sub-rule (1) shall be as under:
(a) Director, in case of public servants up to
BPS-17;
(b) Director General, in case of public servants up
to BPS-18;
(c) Additional Chief Secretary, for public servants
in BPS-19 except those mentioned in clause (e);
(d) Chief Secretary, in case of public servants in
BPS-20, except those mentioned in clause (e); and
(e) Chief Minister, in case of District
Coordination Officers, Commissioners of Divisions, Administrative Secretaries
and other officers in BPS-21 and above.
(3) The Establishment shall forward the facts of
the case, draft charge sheet, list of witnesses and documents, if any, to the
competent authority for initiation of disciplinary proceedings.
(4) On receipt of a reference for disciplinary
proceedings, the competent authority shall initiate such proceedings in
accordance with the law for the time being in force.
(5) The competent authority shall promptly convey
to the Establishment the final order passed in the disciplinary proceedings
along with a copy of the inquiry report.
(6) Copies of final report of the cases dropped
shall not be supplied to any one without the prior permission in writing of the
Director at the Region and the Director General at the Headquarters.
11. Approval of judicial action.– The
following authorities shall be competent to approve judicial action against a
public servant:---
(a) Director, in case of a public servant up to
BPS-18; and
(b) Director General, in case of a public servant
in BPS-19 and above.
12. Senior public servants involved along with
junior public servants.– For purposes of dropping a case after
investigation or referring it for disciplinary proceedings or approving
judicial action, the authority competent to pass such an order in respect of
the public servant in the highest pay scale shall also be the authority for all
other public servants involved in the case.
13. Police Stations.– The
Establishment shall register a case at the Police Stations of the Establishment
having jurisdiction.
14. Application of the
15. Suo moto powers.– (1)
The Director may, on his own motion or otherwise, call for the record of any
case or enquiry, pending in any District of the Region, examine it and give
such directions as may be necessary for the speedy, fair and just disposal of
the case.
(2) The Director General may, on his own motion or
otherwise:---
(a) call for the record of any case or enquiry
pending investigation with the Establishment, examine it and give such
directions as may be necessary for speedy, fair and just disposal of the same;
(b) call for the record of any case or enquiry for
purposes of satisfying himself as to the correctness or the propriety of any
decision taken by Director, ex-officio Director
or ex officio Deputy Director under these rules, and may pass such
orders as may be deemed fit in each case.
(3) The Chief Secretary may, on his own motion or
otherwise, call for the record of any case or enquiry, for purposes of
satisfying himself as to the correctness or propriety of any decision taken by
the Director General under these rules, and may pass such order as deemed fit.
(4) The Chief Minister may, on his own motion or
otherwise, call for the record of any case or enquiry, pending or finalized,
for purposes of satisfying himself as to the correctness or propriety of any
decision taken by any authority under these rules and may pass such orders as
deemed fit.
16. Provincial Anti-Corruption Committee.– (1)
There shall be a Provincial Anti-Corruption Committee consisting of the
following:---
(a) Chief Minister or Provincial Minister to be
nominated by the Chief Minister; (Chairman)
(b) Vice Chairman to be nominated by the Chief
Minister; (Vice Chairman)
(c) Three Members of Provincial Assembly to be
nominated by the Chief Minister; Members
(d) Chief Secretary to the Government; Member
(e) Additional Chief Secretary of the Government,
Services and General Administration Department; Member
(f) Chairman, Chief Minister’s Inspection Team; Member
(g) Secretary to the Government, Home Department; Member
(h) Three Administrative Secretaries to be
nominated by the Chief Minister; Members
(i) Secretary to Provincial Ombudsman,
(j) Director General of the Establishment. (Member/Secretary)
(2) The Provincial Anti-Corruption Committee may:---
(a) review the progress of anti-corruption cases in
the Province;
(b) record observations and make recommendations in
respect of cases processed by the Establishment;
(c) highlight factors giving rise to corruption and
make recommendations to the Government for remedial actions; and
(d) recommend to the Government the steps for the
eradication of corruption in the Province or for achieving the objectives of
the Establishment.
(3) The Committee shall meet at least once in every
six months on such date and time as the Chairman may determine.
(4) The Director General shall make arrangements
for the meeting and shall maintain a record of minutes of each meeting.
17. Repeal and savings.– (1)
The Punjab Anti-Corruption
Establishment Rules, 1985 are hereby repealed.
(2) The cases registered and investigations or
enquiries undertaken under the repealed rules immediately before the
commencement of these rules shall be further processed under these rules from
the stage up to which they had been completed under the repealed rules.
CHIEF SECRETARY
GOVERNMENT OF THE
The Punjab Anti-Corruption
Establishment Ordinance, 1961
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