Updated: Tuesday May 24, 2016/AthThulatha
Sha’ban 17, 1437/Mangalavara
Jyaistha 03, 1938, at 06:46:12 PM
The
1 Act No. VII of 1977
[9th January, 1977]
An Act to provide for the constitution and
regulation of the Pakistan Railways Police
2[WHEREAS it is expedient to provide for
the constitution and regulation of the Pakistan Railways Police for the safety
of passengers and goods transported by licensees, the protection of Railway,
the prevention, inquiry and investigation of offences committed in relation to
Railway and for matters connected therewith,”.
It is hereby enacted as
follows:---
CHAPTER I
1. Short title, extent,
application and commencement.—(1) This Act may be called the Pakistan Railways Police Act,
1977.
(2) It extends to the whole
of
(3) It shall apply to all
members and officers of the Pakistan Railways Police wherever they may be.
(4)It shall come into force
at once.
2. Definitions. In this Act, unless there is anything
repugnant in the
subject or context,---
(a) ’Chief Executive’ means a person appointed by the Federal
Government to manage the Pakistan Railways, by whatever name called;
(b) ’Code’ means the Code of Criminal Procedure, 1898 (Act V of
1898).
(c) ’competent authority’ means any officer or
authority designated as such by the Federal Government;
(d) ’Inspector-General’ means the Inspector-General of the
Pakistan Railways police or any person for the time being performing the duties
of the Inspector-
1For Statement of Objects and reasons,
see Gaz., of P., 1976 Ext., Pt. III, pp. 123-31.
2Subs. by Ord. 92 of 02, s 44, sch.
In this Act, for the words “railway
servant” the words “railway employee” have been subs. by ord. 92 of 02, S. 44.
Sch. II.
(e) ’member’ means a person, other than an officer, who is
appointed to the Pakistan Railways Police and has signed an affirmation in the
form set out in the First Schedule;
(f) ’offence’ means an offence punishable under this Act or
under any other law for the time being in force;
(g) ’officer’ means a person who is so appointed to the Pakistan
Railways Police and has signed an affirmation in the form set out in the First
Schedule;
(h) ’Officer-in-Charge of Railway Police Station’ means; any
person appointed as such by the competent authority and includes, when the
officer-in-charge of the Railway Police Station is absent from the
station-house or is unable by reason of illness or any other cause to perform
his duties, the member present at the station-house who is next in rank to such
officer and is above the rank of a constable;
(i) ’Provincial Police’ means the police
constituted by a Provincial Government under the Police Act, 1861 (V of 1861).
(j) ’Railway’ means railway as defined in the Railways Act, 1890
(IX of 1890) including rolling stock as defined in the said Act, but excluding,---
(i) such lines of rail as lie outside the territorial limits
notified under section 3; and
(ii) such fixed installations as lie outside the
territorial limits notified under section 3 and are classified by the Federal
Government as key points;
1[(ja) “railway employee” means railway employee as defined
in the Railway Regualtoory Authority Ordinance, 2002 (XCII of 2002)
(k) ’regulations’ means regulations made under this Act; and
(l) ’rules’ means rules made under this Act.
CHAPTER II
3. Power to constitute, control and
maintain the Pakistan Railways Police and its functions.—(1)
Notwithstanding anything contained in any other law for the time being in
force, the Federal Government may constitute, control and maintain a force to
be called the Pakistan Railways Police for performing, within such territorial
limits as the Federal Government may, by notification in the official Gazette,
specify the following functions, namely:---
(a) preventing loss to Railway property and
property consigned to the Railways and prevention of offences in respect
thereof;
(b) ensuring proper conduct of persons on the Railways;
(c) general maintenance of law and order on the Railways and
taking cognizance of offences committed oh them;
1Ins. by Ord. 92 of 2002 s. 44 and Sch.
(d) to render all possible assistance to passengers and railway
servants;
(e) to protect travellers from injury to person or property;
(f) to keep Railway platforms and other
Railway premises clear of idlers and beggars and to keep a lookout for
suspicious persons, smugglers and - persons travelling with arms without a
licence or in contravention of rules, regulations or orders for the time being
in force;
(g) to search empty carriages for property left behind by
passengers and to take possession of such property for due disposal under the
law;
(h) to control and regulate movement and parking of hackney
carriages and mechanically propelled vehicles at Railway Stations and to
enforce the regulations of the Railway authorities with regard to them;
(i) to bring to the notice of the appropriate
Railway authorities any contravention, breach or violation of any law of which
the Pakistan Railways Police cannot itself take cognizance; and
(j) such other functions connected with the
purposes of this Act as the Federal Government may, by notification in the
official Gazette, require the Pakistan Railways Police to perform.
(2) Without prejudice to
the powers conferred on it by or under this Act, the Federal Government may, in
relation to the Pakistan Railways Police exercise all powers which, under the
Police Act, 1861 (V of 1861) and the Code, are exercisable by a Provincial
Government in relation to the Provincial Police.
4. constitution
superintendence and administration of the
(2) The head of the
Pakistan Railways Police shall be an Inspector-General who shall administer it
in accordance with the provisions of this Act and the rules and regulations,
and such orders and instructions as may be made or issued by the Federal Government
from time to time.
(3) The Inspector-General
shall exercise his powers and perform his functions under the general
supervision of the Chief Executive.
5. Transfer of
Provincial Railway Police and Railway Watch and Ward to the Pakistan Railways
Police.—(1)
Notwithstanding anything contained in any other
law for the time being in force or any contract, agreement or any condition of
service,---
(a) all persons holding any rank or post, not
above the rank or post of Superintendent, in or under the Railway Police of
any. Province; and
(b) all persons holding any rank or post in the Railway Watch
and Ward;
shall, subject to such
conditions as may be laid down by the Federal Government, stand transferred and
appointed to such corresponding ranks or posts in or under the Pakistan
Railways Police as may be notified by the Federal Government.
(2) If, at any time, the
Federal Government considers that the services of any person referred to in
clause (a) of sub-section (1)’ are no longer needed by the Pakistan Railways
Police, the Federal Government may, by order in writing, revert such person to
the Police of the Province, to which he belonged immediately before the
commencement of this Act.
6. Ordinance No. XXIII of 1969 not
to apply to the
7. Appointment of
officers of the
(a) the Inspector-General of the
(b) a Deputy Inspector-General of the
(c) a Superintendent of the
(d) an officer with any other designation.
8. Appointment of members and
ministerial staff.—(1) The Inspector-General, or an officer to whom the 1
power is delegated by the Inspector-General, may appoint members and
ministerial staff and determine the duties to be performed by them.
(2) Appointments under
sub-section (1) shall be made by direct recruitment or promotion or transfer
from any other force or any department of the Federal Government or a
Provincial Government in such manner as may be prescribed by rules.
(3) The officers and
members and ministerial staff shall receive such pay, pension, allowances and
other remuneration, and shall enjoy such other privileges, as may be prescribed
by rules.
(4) Every officer and
member, other than the Inspector-General, shall receive a certificate in the
form set out in the Second Schedule under the seal of the Inspector-General or
such other officer as the Inspector-General may authorise in this behalf and,
by virtue of holding such certificate, he shall be vested with the powers,
functions and privileges of ah officer or member, as the case may be.
(5) Any person who ceases,
for any reason, to be an officer or member shall forthwith surrender the
certificate referred to in subsection (4) to any officer authorised by the
Inspector-General in this behalf, together with the uniform and equipment, if
any, issued to him.
(6) Officers and members of
the Pakistan Railways Police shall wear such uniforms as may be prescribed by
regulations.
9. Powers of officers
and members of the
(2) The Inspector-General
shall, in respect of the officers, members and ministerial staff, have all the
powers conferred on him by or under this Act.
(3) An officer or member
shall, in respect of 1*
*,---
(a) for the purpose of inquiry, investigation, arrest, trial and
prosecution, exercise all the powers conferred on an officer or member of
Police under the Police Act, 1861 (V of 1861), and the Code 2*
* * the Railways Act, 1890 (IX of 1890), this Act and the rules and
regulations; 3*
(b) use such arms, ammunition and equipment as may be authorised
by the Inspector-General, for the purposes of this Act,3; and
5[(c) for the purpose of arresting without warrant any
person whom he is authorised by law to arrest and who is attempting to escape,
or has escaped, immediately after the commission of an offence, have the power
to pursue such person into any place in Pakistan.]
(4) Officers superior in
rank to an officer-in-charge of a Railway Police Station may exercise the same
powers, throughout the local areas or jurisdictions to which they are
appointed, as may be exercised by such officer within the limits of his station
or jurisdiction.
Explanation.—For the purpose of the exercise by the
officers and members of the powers of an officer-in-charge of a Railway Police
Station under this Act, ‘Police Station’ means any place declared, generally or
specially, by the Federal Government to be a Police Station within the meaning
of the ‘Code’.
(5) If any officer or
member suspects that any property is stolen property and that it is likely to
be removed, transferred or otherwise disposed of before an order of the
appropriate authority for its seizure is obtained, such officer or member may,
by order in writing, direct the owner or any person who is apparently for the
time being in
1Subs by Ord 92 of 2002 s. 44 and Sch.
2The brackets and words "(except
powers under section 58 thereof)" omitted by the
3The word "and" omitted ibid.
4Subs. ibid., for full-stop.
5Cl. (c) added ibid.,
possession thereof not to
remove, transfer or otherwise dispose of such property in any manner except
with the previous permission of that officer or member and such order shall be
subject to any order made by the Court having jurisdiction in the matter.
(6) Any contravention of an
order made under sub-section (5) shall be punishable with rigorous imprisonment
for a term which may extend to one year, or with fine, or with both.
(7) An officer or an
officer-in-charge of a Railway Police Station may, for the purposes of this
Act, call upon the Provincial Police and the District Magistrate concerned to
come to the help of the Pakistan Railways Police and in such a case the
Provincial Police and the District Magistrate shall act in the same manner as
they act within their own jurisdiction for the maintenance of law and order,
for the arrest of offenders and for recovery of persons and property..
CHAPTER IV
10. Appointment of
Magistrates and Public Prosecutors. Notwithstanding anything contained in the Code, the Federal
Government may, for the purposes of this Act, appoint,---
(a) any person to be a Magistrate of the first
class within the meaning of the Code; and
(b) any person or officer of the Pakistan Railways Police to be
a public prosecutor within the meaning of the Code.
CHAPTER V
11. Liabilities of
officers and members.—(1)
It shall be the duty of every officer and member promptly to obey and to
execute all orders and instructions issued to him by the competent authority.
(2) Every officer and
member shall be liable to serve wherever he is required to serve by the
competent authority.
(3) Every officer or member
who is guilty of any violation of duty or wilful breach or neglect of any
provision of this Act or of any rule or regulation or lawful order made by a
competent authority, or who withdraws from his duties without permission, or who,
being absent On leave, fails, without reasonable cause, to report himself for
duty on the expiration of such leave, or on being recalled to duty earlier, or
who engages without authority in any employment other than his duty.under this
Act, or Who is guilty of cowardice, or who offers any unwarrantable personal
violence to any person in his custody, shall be liable to be proceeded against
departmentally, or, on conviction before a Magistrate, to imprisonment for a
term which may extend to six months, or with fine which may extend to one
thousand rupees, or with both.
(4) No court shall take
cognizance of an offence punishable under sub-section (3) except upon a
complaint in writing made by a person authorised in this behalf by the Federal
Government.
(5) Any person convicted,
under sub-section (3) may, within thirty days from the date of his conviction,
file an appeal to the Court of Session having jurisdiction, whose decision
thereon shall be final.
12. Indemnity. No suit, prosecution or other legal
proceedings shall lie against any person for anything in good faith done or
intended to be done under this Act or the rules or regulations.
CHAPTER VI
13. Public servant. Every officer and member of the Pakistan
Railways Police shall be a public servant within the meaning of section 21 of
the Pakistan Penal Code (Act XLV of 1860).
14. Assets and liabilities.—(1)
All rights, properties, assets and liabilities of the
Railway Police of a Province shall stand transferred to the Pakistan Railways
Police on the commencement of this Act.
(2) The transfer of rights,
properties, assets and liabilities under sub-section (1) shall be subject to
such terms and conditions as may be agreed upon between the Federal Government
and the Provincial Government or, in the absence of such agreement, as may be
determined by the President.
(3) All rights, properties,
assets and liabilities of the Railway Watch and Ward shall stand transferred to
the Pakistan Railways Police on the commencement of this Act in such manner and
to such extent as may be determined by the Federal Government.
15. Delegation of powers
by the Federal Government. The Federal Government may, by notification in the official
Gazette, delegate all or any of its powers under this Act, except those under
section 17, to the Chief Executive or the Inspector-General.
16. Delegation of powers
by the Inspector-General. The Inspector-General may, with the prior approval in writing of
the Federal Government, delegate all or any of his powers under the rules for
the efficient functioning of the Pakistan Railways Police to any officer or
member.
17. Power to make rules. The Federal Government may, by
notification in the official Gazette, make rules,---
(a) regulating the functions and powers of the
officers including the Magistrates and the public prosecutors;
(b) regulating the grades of, and the remuneration and rewards
to be paid to, the officers, members and ministerial staff of the Pakistan
Railways Police and their conditions of service;
(c) prescribing and regulating the award of
departmental punishments and trial of cases by Magistrates;
(d) appointing the. place where a person punished with
imprisonment may be kept in custody; and
(e) generally for the purpose of carrying into effect the
provisions of this Act.
1[Power to make regulations. The Inspector-General may, with the prior
approval in writing of the Federal Government, make regulations consistent with
this Act and the rules]
19. transitional
provision. Till such
time as the rules and regulations are framed,---
(a) the persons referred to in clause (a) of sub-section (1) of
section 5, and the officers and members appointed after the commencement of
this Act, shall, so far as may be and with the necessary modifications, be
governed by the Punjab Police Rules, 1934; and
(b) the persons referred to in clause (b) of the aforesaid
sub-section shall, so far as may be and with the necessary modifications, be
governed by the rules governing the Railway Watch and Ward immediately before
the commencement of this Act.
20. [Repeal/. Omitted by the Federal
Laws (Revision and’ Declaration) Ordinance, J981 (XXVII of 1981), s. 3 and Sch,
II.
FIRST SCHEDULE
[See section 2(e) and (g)]
FORM OF AFFIRMATION
I,__________________________son/daughter
of________________________________________solemnly
affirm in the presence of
Almighty Allah that I will bear true faith and allegiance to the Islamic
Republic of Pakistan and that I will, as in duty bound, honestly and faithfully
serve in the Pakistan Railways Police and go wherever I may be ordered by air,
land or sea, and that I will observe and obey all commands of any officer set
over me even to the peril of my life.
Signed in acknowledgement
of the above having been read out to me.
Person Enrolled
Dated..........................
Signed in my presence after
I had ascertained that the person understood the purpose of what he/she signed.
Inspector-General,
Or
Other Enrolling Officer.
1Omitted and Subs. by Ord 92 of 2002 s.
44 and Sch.
ROMAN—URDU TRANSLATION OF AFFIRMATION
Main_______________________WALD/BINT__________________________________Khuda-e-Taala
ko hazir-o-nazk janker iman se iqrar karta/karti hun key main Islami Jamhooria
Pakistan ka/ki suche dil se wafadar rahunga/rahungi a ur Pakistan Railways
Police men imandari aur wafadari se khidmat seranjam doonga/doongi aur hawa,
khushki ya tari ke raste jahan bhi jane ka hukam melega jaonga/jaongi aur jise
mera afsar muqarar kia jaega uskey her hukam ki tamil am pairwi
karunga/karungi, khan us men jan ka khatra ho.
SECOND SCHEDULE
[See section 8(4)]
CERTIFICATE
Mr./Mrs/Miss_____________________________________________________________has
been appointed
as officer/member of the
Pakistan Railways Police under the Pakistan Railways Police Act, 1977, and is
vested with powers, functions and privileges of an officer a member of the
Pakistan Railways Police.
Identification of the
Officer/Member.
Inspector-General,
Seal of the
Police.
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