THE PUNJAB ANTI-CORRUPTION ESTABLISHMENT ORDINANCE, 1961
(W.P. Ordinance XX of 1961
[8 September 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][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][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][Punjab ]
Anti-Corruption Establishment Ordinance, 1961.
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][Director General]” means the [9][Director General] of the
Anti-Corruption Establishment appointed under section 4;
(iv) “public
servant” means a public servant as defined in section 21 of the Pakistan Penal
Code[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] 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].
(2) The Establishment shall consist of a [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][Director
General], officers and members of the Establishment shall be such as may be
determined by Government.
[16][(4) Subject
to any orders or rules which Government may make in this behalf, the [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][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].
(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], 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][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][Director General].
(3) The [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][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.
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][sections 161 to 169], 217 and 218
of the Pakistan Penal Code[27], and as attempts, abetments and
conspiracies in relation thereto or connected therewith.
(b) Offences
punishable under [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], 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], and as attempts, abetments and
conspiracies in relation thereto or connected therewith.
[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]Substituted
by the Punjab Laws (Adaptation) Order, 1974
(Pb. A.O. 1 of 1974), for “West Pakistan ”.
[3]Ibid.
[4]Ibid.
[5]Ibid.
[6]Ibid.
[7]Substituted
by the West Pakistan Laws (Adaptation) Order,
1964, for “Special Areas”.
[8]Substituted
for the word “Director” by the Punjab Anti-Corruption Establishment (Amendment)
Act 2005 (XI of 2005).
[9]Ibid.
[10]Substituted,
for “Government of West Pakistan ”, by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of
1974).
[11]XLV of 1860.
[12]For
notification constituting the Establishment, see Gazette of West Pakistan, 1962, Pt. I, P.I.
[13]VIII of 1948.
[14]Substituted
for the word “Director” by the Punjab Anti-Corruption Establishment (Amendment)
Act 2005 (XI of 2005).
[15]Ibid.
[16]Substituted
by the West Pakistan Anti-Corruption
Establishment (Amendment) Ordinance, 1970 (III of 1970).
[17]Substituted
for the word “Director” by the Punjab Anti-Corruption Establishment (Amendment)
Act 2005 (XI of 2005).
[18]Substituted
by the Punjab Laws (Adaptation) Order, 1974
(Pb. A.O. 1 of 1974), for “West Pakistan ”.
[19]V of 1898.
[20]Ibid.
[21]Substituted
for the word “Director” by the Punjab Anti-Corruption Establishment (Amendment)
Act 2005 (XI of 2005).
[22]Ibid.
[23]Ibid.
[24]Substituted
for the word “Director” by the Punjab Anti-Corruption Establishment (Amendment)
Act 2005 (XI of 2005).
[25]Sind XXIV of 1950.
[26]Substituted
by the West Pakistan Anti-Corruption Establishment (Amendment) Ordinance, 1970
(III of 1970), for “sections 161 to 168”.
[27]XLV of 1860.
[28]Substituted
by the West Pakistan Anti-Corruption Establishment (Amendment) Ordinance, 1970
(III of 1970), for “sections 403 to
409”.
[29]XLV of 1860.
[30]II of 1947.
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