Last Updated: Tuesday January 01, 2008
(VII
OF 1977)
An
Act to provide for the
constitution
and regulation of the Pakistan Railways Police
The following Act of Parliament received the assent of the President on
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 Pakistan Railways, the protection
of Railway property, the prevention, inquiry and investigation of offences
committed in relation to Pakistan Railways and for matters connected therewith:
It is hereby enacted as follows:---
CHAPTER
1
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-General;
(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 Railway 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-change 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
constable;
(i) 'Provincial
Police' means the police constituted by a Provincial Government under the
Police Act, 1S61 (V of 1X61);
(j) 'Railway'
means railway as defined in the Railways Act, 1890 (IX of 1S90), including
rolling stock as defined in the said Act, hut 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;
(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 he 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
to offence 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 offence
committed on them;
(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 look out for suspicious persons, smugglers and persons travelling with
arms without a licence or 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 Station 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 of
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 National Police.
4.
Constitution, superintendence and administration of the
(2) The head of
the Pakistan Railways Police shall he 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 he 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 Railways Watch and Ward to the. Pakistan Railway 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 rank, posts in or under the Pakistan Railways
Police as may be notified by the Federal Government.
(2) It, at any
time, the Federal Government considers that the services of any person referred
to in clause (a) of subsection (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 I°69 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
power is delegated by the Inspector-General, may appoint members and
ministerial staff and determine the duties to he performed by them.
(2) Appointment
under subsection (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 he 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 he
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 he vested
with the powers, functions and privileges of an officer or member, as the case
may be.
(5) Any person
who ceases, for any reason, to he 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
(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 [***] the Railways Act, 1890 (IX of 1980) this
Act and the rules and regulations; [***]
(b) use such
arms, ammunition and equipment as may he authorised by the Inspector-General
for the purpose of this Act; [and]
[(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.-Far
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 any 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 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 subsection (5) shall he 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, of
the arrest of offenders and for recovery of persons and property.
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.
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 or 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 he 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.
(5) Any person,
convicted, under subsection (3) may, within thirty days from the date of his
conviction, file an appeal to the Court of Sessions 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 Railways 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 subsection (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 of 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 reward 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.
18. Power to make regulations .-The
Inspector-General may, with the prior approval in writing of the Chief
Executive, make regulations consistent with the Act and the rules and shall
forward a copy of any regulation so made to the Federal Government.
19. Transitional provisions .-Till
such time as the rules and regulations are framed,-
(a) the persons referred to in clause (a) of subsection (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 subsection 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.-The Pakistan
Railways Police Ordinance, 1976 (XLI of 1976) is hereby repealed.
[See section 2 (e)
and (g)]
FORM OF AFFIRMATION
I,---------------------son/daughter
of-----solemnly affirm in the presence-of Almighty Allah that I will hear true
faith and allegiance to the Islamic Republic of Pakistan and that I will, as in
duty hound, honestly and faithfully serve in the Pakistan Railways Police and
go wherever I may he 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
acknowledgment 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 purport of what
he/she signed.
Or
Other Enrolling Officer.
ROMAN-URDU
TRANSLATION OF AFFIRMATION
Main, -------Wald/Bin----Khuda-e-Ta'ala
ko hazir-o-nazir janker Iman se iqrar karta/kaiti hun key main Islami-Jamhooria
Pakistan ka/ki suche dil se wafadar rahunga/rahungi aur 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 aur pairwi
karunga/karungi, khah 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
Photo of the-Officer/Member,
The West
Pakistan Railway Servants’ Benevolent Fund Ordinance, 1969
The West
Pakistan Railway Servants’ Welfare Fund Ordinance, 1969
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