Updated: Saturday December 14, 2013/AsSabt
Safar 11, 1435/Sanivara
Agrahayana 23, 1935, at 05:00:22 PM
[1][1]The [2][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][3][the
Punjab]
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][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][5][
(2) It extends to the whole of the province
of [6][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][8][Director General]” means the [9][9][Director General] of the Anti-Corruption
Establishment appointed under section 4;
(iii) “Government”
means the [10][10][Provincial Government of the
(iv) “public servant” means a public servant as
defined in section 21 of the Pakistan Penal Code[11][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][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][13].
(2) The
Establishment shall consist of a [14][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][15][Director General], officers and members of the Establishment shall be
such as may be determined by Government.
[16][16][(4) Subject
to any orders or rules which Government may make in this behalf, the [17][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][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][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][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][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][22][Director General].
(3) The [23][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][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][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][26][sections 161 to 169], 217 and 218 of the
Pakistan Penal Code[27][27], and as attempts, abetments and conspiracies
in relation thereto or connected therewith.
(b) Offences
punishable under [28][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][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][30], and as attempts, abetments and conspiracies in relation thereto or connected therewith.
[1][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][2]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “
[3][3]Ibid.
[4][4]Ibid.
[5][5]Ibid.
[6][6]Ibid.
[7][7]Substituted by the
[8][8]Substituted
for the word “Director” by the Punjab Anti-Corruption Establishment (Amendment)
Act 2005 (XI of 2005).
[9][9]Ibid.
[10][10]Substituted, for “Government
of West Pakistan”, by the
[11][11]XLV of 1860.
[12][12]For notification constituting
the Establishment, see Gazette of
West Pakistan, 1962, Pt. I, P.I.
[13][13]VIII of 1948.
[14][14]Substituted
for the word “Director” by the Punjab Anti-Corruption Establishment (Amendment)
Act 2005 (XI of 2005).
[15][15]Ibid.
[16][16]Substituted by the
[17][17]Substituted
for the word “Director” by the Punjab Anti-Corruption Establishment (Amendment)
Act 2005 (XI of 2005).
[18][18]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “
[19][19]V of 1898.
[20][20]Ibid.
[21][21]Substituted
for the word “Director” by the Punjab Anti-Corruption Establishment (Amendment)
Act 2005 (XI of 2005).
[22][22]Ibid.
[23][23]Ibid.
[24][24]Substituted
for the word “Director” by the Punjab Anti-Corruption Establishment (Amendment)
Act 2005 (XI of 2005).
[25][25]
[26][26]Substituted by the West
Pakistan Anti-Corruption Establishment (Amendment) Ordinance, 1970 (III of
1970), for “sections 161 to 168”.
[27][27]XLV of 1860.
[28][28]Substituted by the West Pakistan
Anti-Corruption Establishment (Amendment) Ordinance, 1970 (III of 1970), for “sections 403 to 409”.
[29][29]XLV of 1860.