Pakistan Special Police Establishment Ordinance, 1948

The Pakistan Special Police Establishment Ordinance, 1948

VIII OF 1948

13^th February, 1948

An Ordinance to make provision

for the constitution of a special police force for Pakistan

WHEREAS an emergency has arisen which renders it necessary to take power to constitute a special police force for the investigation of certain offences committed in connection with matters concerning the [Central Government] and to make provision for the powers, duties, privileges, liabilities, superintendence and administration of the said force;

Now, therefore, in exercise of the powers conferred by section 42 of the Government of India Act, 1935, as adapted by the Pakistan (Provisional Constitution) Order, 1947, the Governor-General is pleased to make and promulgate the following Ordinance:

1. Short title, extent and commencement.- (1) This Ordinance may be called the Pakistan Special Police Establishment Ordinance, 1948.

(2) It extends to the whole of Pakistan.

(3) It shall come into force at once.

2. Constitution and powers of Special Police Establishment.-(1) Notwithstanding anything in the Police Act, 1861, the Central Government may constitute a special police force to be called the Pakistan Special Police Establishment for [inquiry into, and investigation of,] offences notified under section 3.

[(2) Subject to any order which the Central Government may make in this behalf, members of the Pakistan Special Police Establishment shall, for the purpose of an inquiry -or investigation under subsection (1) have throughout Pakistan all the powers of search, arrest of persons, and seizure of property and all other powers, duties, privileges and liabilities which the Police officers of a Province have in connection with the investigation of offences:

Provided that no member of the Special Police Establishment shall have any power to inquire into the bank accounts of any person].

(3) Any member of the said police establishment of or above the rank of Sub-Inspector may, subject to any orders which the Central Government may make in this behalf, exercise in Pakistan any of the powers of the Officer-in-Charge of a police station in the area in which he is for the time being and when so exercising such powers shall, subject to any such orders as aforesaid, 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.

3. Offences to be investigated by Special Police Establishment.- The Central Government may, by notification in the official Gazette, specify the offences or classes of offences committed in connection with matters concerning the ^Central Government] which are to be investigated by the Pakistan Special Police Establishment.

4. Superintendence and Administration of Special Police Establishment.-(1) The superintendence of the Pakistan Special Police Establishment shall vest in the Central Government.

(2) The administration of the said police establishment shall vest in an officer appointed in this behalf by the Central Government who shall exercise in respect of that police establishments such of the powers exercisable by an Inspector-General of Police in respect of the police force in a Province, as the Central Government may specify in that behalf.

(3) An Officer appointed under subsection (2) may, by order in writing, direct that any power exercisable by him under that subsection shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercisable also by any officer subordinate to him.