Updated: Friday April 11, 2014/AlJumaa
Jamada El Thaniah 11, 1435/Sukravara
Chaitra 21, 1936, at 03:09:07 PM
The
ORDINANCE NO. 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 West Pakistan
[Gazette of
No. Leg. 3 (20)/61.-The following Ordinance by the
Governor of West Pakistan is hereby published for general information:---
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 West Pakistan;
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 West Pakistan Anti-Corruption Establishment Ordinance, 1961.
(2) It extends to the whole of 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) “Director” means the Director of the
Anti-Corruption Establishment appointed under section 4;
(iii) “Government” means the Government of West
Pakistan;
(iv) “Public servant” means a public servant as
defined in section 21 of the Pakistan Penal Code; 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 an establishment to be known as the Anti-Corruption Establishment,
for the investigation of Offences set forth fn 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 subsection (2) of section 2 of the Pakistan
Special Police Establishment Ordinance, 1948.
(2) The Establishment shall consist of a Director 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 Director, officers and members of the
Establishment shall be such as may be determined by Government.
(4) Subject to any orders or rules which Government
may make In this behalf, the Director, officers and members of the
Establishment shall, throughout the Province, in relation to the investigation
of offences mentioned in the Schedule and the arrest of persons involved in
such offences, have all the powers, perform all the duties, possess all the
privileges and be subject to all the liabilities which a police officer has, or
is subject to, in connection with the investigation of offences under the Code
of Criminal Procedure, 1898.
(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-in-charge of a police-station within
the meaning of clause (p) of subsection (1) of section 4 of the Code of
Criminal Procedure, 1898, 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-in-charge
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 Director under this Ordinance.
(2) Subject to such orders as Government may make, the
superintendence and general control of the Establishment shall vest in the
Director.
(3) The Director 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 Director, 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
8. Provisions not in derogation of any other law.-The
provisions of this Ordinance are in addition to and not to derogation of any
other law for the time being in force.
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