Updated: Tuesday January 14, 2014/AthThulatha
Rabi' Awwal 13, 1435/Mangalavara
Pausa 24, 1935, at 02:39:34 PM
The Anti-Narcotics Force Ordinance, 1996
Ordinance XIV of 1996
An Ordinance to provide for the constitution of
Anti-Narcotics Force
[Gazette of
No.F.2(1)/96-Pub., dated 12-12-1996.--The following
Ordinance made by the President is hereby published for general information:---
Whereas it is expedient to provide for the
constitution of a Force for the purpose of inquiring into, and investigating
offences relating to Narcotics and Narcotics Trafficking and for matters
connected therewith or incidental thereto;
And whereas, the National Assembly is not in session
and the President is satisfied that circumstances exist which render it
necessary to take immediate action;
Now, therefore, in exercise of the powers conferred by
clause (1) of Article 89 of the Constitution of the Islamic Republic of
Pakistan, the President is pleased to make and promulgate the following
Ordinance:---
SCHEDULE
(Section 9)
Authorities to Award Punishment
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Explanatory Note ---The punishments as mentioned in
the Punishment Table may also be inflicted on members of the various ranks
shown in the heading Nos. 3 to 6 by an officer of higher rank.
1. Short title, extent and commencement.--(1) This Ordinance may be called the Anti-Narcotics
Force Ordinance, 1996.
(2) It extends to the whole of
(3) It shall come into force at once.
2. Definitions.--In
this Ordinance, unless there is anything repugnant in
the subject or context,---
(a) “Code” means the Code of Criminal Procedure, 1898
(Act V of 1898);
(b) “Director-General” means the Director-General of
the Force;
(c) “Force” means the Anti-Narcotics Force constituted
under section 3;
(d) “Narcotics” includes narcotics, drugs,
psychotropic substances and controlled substances as defined in the Control of
Narcotic Substances Ordinance, 1996 XCIV of 1996);
(e) “police” means a police force constituted by the
Federal Government or Provincial Government under the Police Act, 1861 (V of
1861);
(f) “prescribed” means prescribed by rules under this
Ordinance; and
(g) “rules” means rules made under this Ordinance.
(2) The words and expressions used but not defined
herein shall have the same meaning as assigned to them in the Control of
Narcotic Substances Ordinance, 1996 (XCIV of 1996).
3. Constitution of the Force.--(1) Notwithstanding anything contained in any other
law for the time being in force, the Federal Government may constitute a Force
to be called the Anti-Narcotics Force.
(2) The Force shall consist of a Director-General to
be appointed by the Federal Government and such number of other officials as
the Federal Government may, from time to time, appoint to be members of the
Force.
(3) On commencement of this Ordinance the Pakistan
Narcotics Control Board constituted under the Government of Pakistan Planning
Division’s Resolution dated the 8th March, 1973, and Anti-Narcotics Task Force
constituted under the Anti-Narcotics Task Force Ordinance, 1994 (LXXVI of
1994), shall stand merged and all personnels, including officers, ministerial
staff and the contingent staff of the said Board and Task Force shall, subject
to the provisions of section 11 become members of the Force and be governed in
accordance with this Ordinance and the rules made thereunder.
(4) The Force shall for all intents and purposes be
successor of a Pakistan Narcotics Control Board and Anti-Narcotics Task Force
in respect of all cases, inquiries, investigation, assets, liabilities, rights,
obligations and privileges and matters related thereto or connected therewith.
(5) Notwithstanding anything contained in the General
Clauses Act, 1897 (IV of 1897), anything done or action taken before the
commencement of this Ordinance under the Anti-Narcotics Task Force Ordinance,
1994 (LXXVI of 1994), or otherwise by the Pakistan Narcotics Control Board in
so far it is not inconsistent with the provisions of this Ordinance shall be
deemed to have been done or taken under this Ordinance.
4. Superintendence and administration of the Force.--(1) The superintendence of the Force shall vest in
the Federal Government.
(2) The Administration of the Force shall vest in the
Director-General who shall exercise in respect of the Force all powers of an
Inspector-General of Police under the Police Act, 1861 (V of 1861), and all
other powers under the Ordinance.
(3) In case of any officers and members from the Armed
Forces, the Director-General shall have all powers conferred by or under the
Pakistan Army Act, 1952 (XXXIX of 1952), the Pakistan Air Force Act, 1953 (VI
of 1953), and the Pakistan Navy Ordinance, 1961 (XXXVI of 1961), respectively
as an officer empowered to convene a General Court Martial:
Provided that such powers shall be exercised only by the Director-General who
is in the regular service of any of the Armed Forces.
5. Functions of the Force.--The Force shall--- (a) inquire into, investigate and
prosecute all offences relating to, or connected with, preparation, production,
manufacture, transportation, illicit trafficking or smuggling of intoxicants,
narcotics and chemical precursors or reagents used in the manufacture of
narcotics or any offence committed in the course of the same transaction under
any law for the time being in force, including an attempt or conspiracy to
commit, or any abetment of, any such offence, or any offence committed under
the Control of Narcotics Substances Ordinance, 1996 (XCIV of 1996) or the
Prohibition (Enforcement of Hadd) Order, 1979 (P.O. 4 of 1979);
(b) trace and freeze the assets;
(c) provide assistance and advice to other enforcement
agencies on all matters in the field of narcotics and to collect information
from all national and international enforcement agencies about illicit narcotic
traffic and traffickers;
(d) maintain liaison with all national or
international narcotics authorities, organisations, bodies, associations and
societies and represent Pakistan in such conferences, seminars and workshops
arranged by any such organization on narcotics related matters;
(e) arrange and co-ordinate training of own staff and
members of other enforcement agencies in various aspects of narcotics
enforcement;
(f) co-ordinate the project and schemes for
elimination and destruction of poppy cultivation; and
(g) perform any other related functions which may be
assigned to it by the Federal Government.
6. Powers of the members of the Force.--(1) The members of the Force shall, for the purpose
of any inquiry or investigation under this Ordinance, have throughout Pakistan such
powers, including the powers relating to search, arrest of persons and seizures
of property, and such duties, privileges and liabilities as a police officer
has in respect of offences under the Code or any other law for the time being
in force.
(2) Save when the Director-General otherwise direct, a
member of the Force, not below the rank of an Inspector may, for the purpose of
any inquiry or investigation under this Ordinance, exercise all the powers of
an officer incharge of a police station in any area in which he is for the time
being and, when so exercising such powers, shall be deemed to be the officer
incharge of a police station discharging his functions as such within the
limits of his station.
(3) Without prejudice to the generality of the provisions
of subsection (1) and subsection (2), any member of the Force not below the
rank of Inspector, authorized by the Director-General in this behalf, may
arrest without warrant any person who has committed, or against whom a
reasonable suspicion exists that he has committed, any of the offences relating
to Narcotics referred to in clause (a) of section 5.
(4) Notwithstanding anything contained in any other
law for the time being in force, a member of the Force not below the rank of
Inspector authorised by the Director-General, may inquire, investigate and
trace the assets of a person who has committed an offence referred to in clause
(a) of section 5 or when in his opinion, there is a reasonable suspicion that
the said assets were acquired through illicit involvement in narcotics, and
may, for this purpose, require a bank or other financial institution or
departments, whether under the control of Government or otherwise to furnish
such information as he may specify.
(5) If, in the opinion of a member of the Force,
conducting an inquiry investigating or tracing any assets under subsection (4),
which is likely to be removed, transferred or otherwise disposed of, such
member may, notwithstanding anything contained in any other law for the time
being in force, by order in writing direct the owner or any person who is for
the time being in possession thereof, not to remove, transfer, or otherwise
dispose of such property in any manner except with the previous permission of
that member and such order shall be subject to any order made by the Court
having jurisdiction in the matter.
(6) Any contravention of any order made under
subsection (4) or (5) shall be punishable with rigorous imprisonment for a term
which may extend to three years, or with fine, or with both.
(7) Any member of the Force may, in performance of his
functions and exercise of powers as may be prescribed, seek assistance from all
officers of police, customs, excise, Federal Investigation Agency or any other
investigation agency or authority or civil armed forces.
(8) Notwithstanding anything contained in any other
law for the time being in force, the Federal Government may, in respect of any
case registered by or under investigation of, police, customs, excise, Federal
Investigation Agency or any other investigation agency or authority, by order
in writing, entrust inquiry or such investigation to the Force, and thereupon
the police, customs, excise, Federal Investigation Agency or any other
investigation agency or authority shall transfer the record of the case to the
Force.
(9) The Force may in accordance with the law,
establish as many police stations as are required for the efficient functioning
of the Force and all Police Stations of Anti-Narcotics Task Force and Pakistan
Narcotics Control Board shall be deemed to be the police stations of the Force.
Explanation.--For the purpose of this Ordinance, the
expression “police station” means and includes any place declared, as such, by
the Federal Government or a Provincial Government to be a police station within
the meaning of the Code.
7. Wearing of Uniform.--All members, excluding ministerial staff of the
Force, employed on enforcement duties shall wear such uniform as may be
prescribed.
8. Punishment.--(1)
The following minor and major punishments shall be awarded to the officers and
members of staff of the Force, namely:---
(a) Minor Punishments:---
(i) Censure;
(ii) forfeiture of approved service up to two years;
(iii) withholding of promotion up to one year;
(iv) stoppage of increment for a period not exceeding
three years without cumulative effect;
(v) fine to any amount not exceeding one month’s pay;
(vi) confinement to quarters for a term not exceeding
fifteen days, with or without punishment, drill, extra guard, fatigue other
duty; and
(vii) extra drill not exceeding fifteen days, fatigue
or other duties;
(b) Major Punishments:---
(i) Reduction in rank;
(ii) compulsory retirement;
(iii) removal from service; and
(iv) dismissal from service.
(2) Removal from service does not, but dismissal from
service does, disqualify for future employment.
(3) In this section removal or dismissal from service
does not include the discharge of person,---
(a) appointed on probation, during the period of
probation or in accordance with probation or training rules applicable to him;
or
(b) appointed, otherwise than under a contract, to
hold a temporary appointment on the expiration of the period of appointment; or
(c) engaged under a contract, in accordance with the
terms of the
9. Grounds of punishment.--Where, a member, in the opinion of the Authority,---
(a) is inefficient or has ceased to be efficient; or
(b) is guilty of misconduct; or
(c) is corrupt or may reasonably be considered corrupt
because,---
(i) he is, or any of his dependents or any other
person claiming through him, or on his behalf is, in possession (for which he
cannot reasonably account) of pecuniary resources or any property
disproportionate to his known sources of income; or
(ii) he has assumed a style of living beyond his
ostensible means; or
(iii) he has a reputation of being corrupt; or
(d) he is engaged or is reasonably suspected of being
engaged in subversive or narcotics activities, or is reasonably suspected of
being associated with those engaged in subversive or narcotics activities or is
guilty of disclosure of official secrets to any unauthorised person, and his
retention in service is, therefore, prejudicial to national security and
interest of State, the authority may impose on him one or more punishments
specified in subsection (1) of section 8.
10. Authority to award punishment.--The authorities to award punishment under section 8
are specified in the Schedule to this Ordinance.
11. Terms of Service.--(1) All personnel up-to the rank of Inspector and
their equivalent in the ministerial staff of the Force may elect to be governed
by the existing terms of service applicable to them and such option shall be
sent to the Director-General, of the Force within such period as may be decided
by the Director-General failing which they shall be deemed to have opted to
serve under this Ordinance.
(2) The personnels not opting to serve in accordance
with the terms of this Ordinance may, at the discretion of the Director-General
be placed at the disposal of Federal Government for adjustment elsewhere.
12. Conduct and Discipline.--(1) The Police Act, 1861 (V of 1861), the Police
Rules, 1934, and the Punjab Police (Efficiency and Discipline) Rules, 1975,
shall, mutatis mutandis, be applicable to all members up to the rank of an
Inspector if not inconsistent with the provisions of this Ordinance or where
operation of any provision thereof is excluded by the Director-General by a
specific order made in this behalf.
(2) Subject to subsection (1), all members of the
Force, including the ministerial staff except those on deputation from the
armed forces, shall be governed by the Civil Servants Act, 1973 (LXXI of 1973’,
and rules made thereunder.
13. Members to serve anywhere.--Every member of the Force shall be deemed to be
always on duty and be liable to serve anywhere within or without
14. Members as public prosecutors.--Notwithstanding anything contained in the Code, all
Directors, Deputy Directors and Assistant Directors of the Force, shall be ex
officio public prosecutors in respect of all offences relating to narcotics and
specified in clause (a) of section 5, for trial before the Special Court or any
other Court when so directed by the Director-General and may conduct the
proceedings in the said Court and deal with any matter connected therewith or
ancillary thereto.
15. Delegation of powers.--The Director-General may, by order in writing,
direct that all or any of his powers under this Ordinance or the rules shall,
subject to such conditions, if any, as may be specified in the order, be
exercisable by any, member of the Force.
16. Indemnity.--No
suit, prosecution, or other proceedings shall lie against the Federal
Government, Provincial Government, Director-General or any member of the Force
or any other person exercising any power or performing any function under this
Ordinance or the rules made thereunder for anything which is done in good faith
or intended to be done under this Ordinance or the rules.
17. Power to make rules.--(1) The Federal Government may, .by notification in
the official Gazette, 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 all or any of the
following matters, namely:---
(a) the terms and conditions of service of the
Director-General and other members of the Force and the qualifications for
recruitment to various posts;
(b) the powers and functions of the members of the
Force in relation to the conduct of inquiries and investigations; and
(c) the manner in which rewards may be given to the
members of the Force or to the public for rendering commendable service.
18. Repeal.--The
Anti-Narcotics Force Ordinance, 1996 (LXXXV of 1996), is hereby repealed.
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