(C.E. Order No.22 of 2002)
[14 August 2002]
An Order to reconstruct and regulate
the police;
WHEREAS
the police has an obligation and duty to function according to the
Constitution, law, and democratic aspirations of the people;
AND WHEREAS such functioning
of the police requires it to be professional, service-oriented, and accountable
to the people;
AND WHEREAS it is expedient
to redefine the police role, its duties and responsibilities;
AND WHEREAS it is necessary
to reconstruct the police for efficient prevention and detection of crime, and
maintenance of public order;
AND WHEREAS the Chief
Executive is satisfied that circumstances exist which render it necessary to
take immediate action;
NOW, THEREFORE, in pursuance
of the Proclamation of Emergency of the fourteenth day of October, 1999, and
the Provisional Constitution Order No.1 of 1999, and in exercise of all powers
enabling him in that behalf, the Chief Executive of the Islamic Republic of
Pakistan is pleased to make and promulgate the following Order:---
Chapter I
Preliminary
1. Short title, extent and commencement.–
(1) This Order may be called the Police Order, 2002.
(2) It
extends to the whole of Pakistan
(3) It
shall come into force at once [2][2][except
in the Islamabad Capital Territory where it
shall come into force on the date the local government assume office in the
said territory.]
2. Definitions.–
(1) In this Order, unless the context otherwise requires,---
(i) ‘Administration’
includes management of administrative, operational and financial functions;
(ii) ‘Capital City Police Officer’ means the head of police of
a general police area of the capital city district who is not below the rank of
Additional Inspector General of Police and is posted under Article 11;
(iii) ‘City Police Officer’ means the head of police of a general
police area of the city district who is not below the rank of Deputy Inspector
General of Police and is posted under Article 15;
(iv) ‘Code’
means the Code of Criminal Procedure, 1898 (Act V of 1898);
(v) ‘Commission’
means a Public Safety Commission established under this Order at the national,
provincial, or district level;
(vi) ‘District’
means the district as defined in a Local Government Law;
(vii) ‘District
Police Officer’ means the head of police of a district who is not below the
rank of Senior Superintendent of Police and is posted under Article 15;
(viii) ‘Federal Law Enforcement Agencies’ include
Federal Investigation Agency, Pakistan Railway Police, Anti-narcotics Force,
Pakistan Motorway and Highway Police, Islamabad Police, Frontier Constabulary,
and any other Federal or Provincial organization notified as such by the
Government from time to time;
(ix) ‘General
Police Area’ means a capital city district, a part of a province, or any
territory for which separate police is established under Article 6;
(x) ‘Government’
means the appropriate Government;
(xi) ‘Head
of District Police’ means a District Police Officer, City Police Officer or a
Capital City Police Officer;
(xii) ‘junior
ranks’ means members of the police of and below the rank of Inspector as set
out in the First Schedule;
(xiii) ‘person’
includes community, a company, or corporation;
(xiv) ‘Place’
includes,---
(a) any building, tent, booth or other structure, whether permanent or
temporary; and
(b) any area, whether enclosed or open;
(xv) ‘place of public amusement’ means any place where music,
singing, dancing or game or any other amusement, diversion, or recreation or
the means of carrying on the same is provided etc. to which the public are
admitted either on payment of money or with the intention that money may be
collected from those admitted;
(xvi) ‘place
of public entertainment’ means any place of boarding and lodging to which
public are admitted by any person owning, or having any interest in, or
managing, such place;
(xvii) ‘Provincial
Police Officer’ means head of the police of a general police area of the rank
of Inspector General of Police posted under Article 11;
(xviii) ‘Police
Officer’ means a member of the police who is subject to this Order;
(xix) ‘Police
or Police Establishment’ means the police referred to in Article 6 and
includes–
(a) all persons appointed as special police
officers or additional police officers under this Order; and
(b) all other employees of the police;
(xx) ‘prescribed’
means prescribed by rules made under this Order;
(xxi) ‘property’
means any moveable property, money or valuable security;
(xxii) ‘public place’ means any place to which
the public may have access;
(xxiii) ‘rules’
means rules made under this Order;
(xxiv) ‘schedule’
means a schedule to this Order;
(xxv) ‘senior
ranks’ means members of the police above the rank of Inspector as set out in
the First Schedule;
(xxvi) ‘street’
includes any highway, bridge, way, causeway, arch, road, lane, footway, square,
alley or passage, whether or not it is a thoroughfare and to which the public
have access, whether permanently or temporarily; and
(xxvii) ‘vehicle’
includes any conveyance of any description mechanically propelled or otherwise.
(2)
All references in respect of
District Superintendent of Police in any law in force shall mean Head of
District Police posted under Article 11 and Article 15.
Chapter II
Responsibilities
and Duties of the Police
3. Attitude and responsibilities of police
towards the public.– It shall be the duty of every
police officer to–
(a) behave
with the members of the public with due decorum and courtesy;
(b) promote
amity;
(c) guide
and assist members of the public particularly the poor, disabled or physically
weak and children who are either lost or find themselves helpless on the
streets or other public places; and
(d) aid
individuals who are in danger of physical harm particularly women and children.
4. Duties of police.–
(1) Subject to law, it shall be the duty of every police officer to,---
(a) protect
life, property and liberty of citizens;
(b) preserve
and promote public peace;
(c) ensure
that the rights and privileges, under the law, of a person taken in custody,
are protected;
(d) prevent
the commission of offences and public nuisance;
(e) collect
and communicate intelligence affecting public peace and crime in general;
(f) keep order and prevent obstruction on public roads and in the
public streets and thoroughfares at fairs and all other places of public resort
and in the neighbourhood of and at the places of public worship;
(g) regulate
and control traffic on public roads and streets;
(h) take
charge of all unclaimed property and to prepare its inventory;
(i) detect
and bring offenders to justice;
(j) apprehend
all persons whom he is legally authorised to apprehend and for whose
apprehension, sufficient grounds exist;
(k) ensure
that the information about the arrest of a person is promptly communicated to a
person of his choice;
(l) enter
and inspect without a warrant on reliable information any public place, shop or
gaming-house where alcoholic drinks or narcotics are sold or weapons are
illegally stored and other public places of resort of loose and disorderly
characters;
(m) obey
and promptly execute all lawful orders;
(n) perform
other duties and exercise powers as are conferred by this Order, the Code or
any other law for the time being in force;
(o) aid and co-operate with other agencies for the prevention of
destruction of public property by violence, fire, or natural calamities;
(p) assist
in preventing members of public from exploitation by any person or organized
groups;
(q) take charge of lunatics at large to prevent them from causing harm
to themselves or other members of the public and their property; and
(r) prevent
harassment of women and children in public places.
(2) Police
officer shall make every effort to,---
(a) afford
relief to people in distress situations, particularly in respect of women and
children;
(b) provide
assistance to victims of road accidents;
(c) assist
accident victims or their heirs or their dependants, where applicable, with
such information and documents as would facilitate their compensation claims;
and
(d) cause
awareness among the victims of road accidents of their rights and privileges.
(3) It
shall be the duty of a police officer to lay information before a competent
court and to apply for a summons, warrant, search warrant or such other legal
process as may, by law, be issued against any person suspected of committing an
offence.
5. Emergency
duties of police with regard to essential services.– (1) The Government may, in an emergency, by
notification in the official Gazette, declare any specified service to be an
essential service to the community.
(2) Upon
a declaration being made under clause (1) and so long as it remains in force,
it shall be the duty of every police officer to obey any lawful order given by
a senior police officer in relation to the declaration.
Chapter III
Constitution
and Organization of the Police
6. Separate police establishment for each
general police area.– The Government shall maintain a
separate police establishment for every general police area.
7. Constitution
of police.– (1) The police establishment for
each general police area shall consist of such numbers in the senior and junior
ranks and have such organization as the Government may from time to time
determine.
(2) The
recruitment criteria, pay and allowances and all other conditions of service of
the police shall be such as the Government may from time to time determine.
[3][3][(3) The recruitment in the police other than
ministerial and specialist cadres shall be in the rank of Constable,
Sub-Inspector and Assistant Superintendent of Police.]
[4][4][(3a) The selection for direct recruitment
in the rank of Constable shall be made on the basis of district of domicile.
(3b) The selection for direct recruitment in the
rank of Sub-Inspector shall be made through Punjab Public Service Commission on
the basis of police region in which district of domicile of the candidate is
located and shall not exceed fifty percent of total posts in the rank of
Sub-Inspector.
(3c) Subject to the rules,---
(a) twenty-five percent of the quota reserved for departmental
promotion to the rank of Sub-Inspector shall be filled through
selection-on-merit by Punjab Public Service Commission from amongst police
officers holding bachelor’s degree in the rank of Head Constable and Assistant
Sub-Inspector; and
(b) twenty-five percent departmental promotions
to the rank of Assistant Sub-Inspector shall be made through selection-on-merit
by Punjab Public Service Commission from amongst police officers holding
bachelor’s degree in the rank of Constable and Head Constable.]
(4) The recruitment in the rank of Assistant
Superintendent of Police shall be through the Federal Public Service Commission
on all Pakistan
(6) Every
police officer while on police duty shall have all the powers and privileges of
a police officer throughout Pakistan
8. Police to
be organized on functional basis.– (1) The
police establishment constituted under Article 7 shall, as far as practicable,
be organised on functional basis into branches, divisions, bureaus and
sections.
(2) The
branches, divisions, bureaus and sections referred to in clause (1) may
include,---
(a) Investigation;
(b) Intelligence;
(c) Watch
and Ward;
(d) Reserve
Police;
(e) Police
Accountability;
(f) Personnel
Management;
(g) Education
and Training;
(h) Finance
and Internal Audit;
(i) Crime
Prevention;
(j) Crime
against Women;
(k) Traffic
Planning and Management;
(l) Criminal
Identification;
(m) Information
Technology;
(n) Transport;
(o) Research
and Development;
(p) Legal
Affairs;
(q) Welfare;
(r) Estate
Management.
(3) The
specialist investigators shall be operationally responsible to the officer
in-charge of the investigation branch.
(4) Every
police officer shall be liable for posting to any branch, division, bureau and
section, or anywhere in or outside the police.
(5) Posting to any specialist branch,
division, bureau or section shall be subject to necessary training and experience
in accordance with the rules.
9. Superintendence of police.–
(1) The superintendence of police throughout a general police area shall vest
in the appropriate Government.
(2) The
power of superintendence under clause (1) shall be so exercised as to ensure
that police performs its duties efficiently and strictly in accordance with
law.
10. Administration of the police.–
(1) Administration of police in a general police area shall vest in the
Provincial Police Officer, Capital City Police Officer or City Police Officer
posted under Article 11, or Article 15, as the case may be.
(2) The Provincial Police Officer, Capital
City Police Officer and City Police Officer, as the case may be, shall exercise
such powers and perform such functions and duties and shall have such
responsibilities as may be provided by or under this Order and any other law
for the time being in force.
(3) The
police officers mentioned in clause (1) may for direction and control issue
standing orders not inconsistent with the Order or rules made hereunder for the
efficient functioning of the police.
(4) Provincial
Police Officer shall prepare a provincial annual policing plan for review by
the Provincial Public Safety Commission. The plan shall include,---
(a) objectives
of policing;
(b) financial
resources likely to be available during the year;
(c) targets;
and
(d) mechanism
for achieving these targets.
11. Posting of Provincial Police Officer,
Capital City Police Officer and Head of Federal Law Enforcement Agency.–
(1) The Provincial Government shall, out of a panel of three police officers
recommended by the National Public Safety Commission from a list provided by
the Federal Government, post a police officer of the rank of Inspector General
of Police as Provincial Police Officer of the Province:---
Provided that before a police
officer is posted as Provincial Police Officer under clause (1) the Federal
Government shall place his services at the disposal of the Provincial
Government.
(2) The
Federal Government in the case of Islamabad Capital Territory and the
Provincial Government in the case of Capital City District shall post a police
officer not below the rank of Additional Inspector General of Police as Capital
City Police Officer out of three officers recommended by the National Public
Safety Commission, or on the recommendation of the Provincial Police Officer,
as the case may be.
(3) The
Federal Government shall, out of a panel of three suitable police officers
recommended by the National Public Safety Commission post head of a Federal
Investigation Agency, Pakistan Railway Police, Pakistan Motorway and Highway
Police and Frontier Constabulary.
(4) During
temporary absence of the police officers mentioned under clause (1) and clause
(2) the next senior officer may exercise all or any of the powers, perform all
or any of the functions and duties, and discharge all or any of the
responsibilities of the Provincial Police Officer, or Capital City Police
Officer, as the case may be.
(5) The Provincial Police Officer, posted
under clause (1) shall have administrative and financial powers as ex-officio
Secretary to the Provincial Government and other powers under this Order, or
any other law for the time being in force and Islamabad Capital City Police
Officer posted under clause (2) shall have the same administrative and
financial powers.
(6) Subject to job description of each post
under the rules, the police officers mentioned in clauses (1) and (2) may, by a
general or special order, empower any officer subordinate to him to exercise
and perform all or any of the powers, functions or duties to be exercised or
performed under this Order.
12. Term of office of Provincial Police
Officer, Capital City Police Officer and Head
of a Federal Law Enforcement Agency.– (1) The term of office of
Provincial Police Officer, Capital City Police Officer and Head of a Federal
Law Enforcement Agency posted under Article 11 shall be three years from the
date of his posting.
(2) The
Provincial Government, with agreement of Provincial Public Safety Commission
and the Capital City Public Safety Commission may transfer the Provincial
Police Officer or Capital City Police Officer before the expiry of his tenure,
as the case may be.
(3) The
Provincial Government or the respective Public Safety Commission may initiate
the case of premature transfer of the officers mentioned in clause (2) for
unsatisfactory performance of duties.
(4) The Federal Government may with the
agreement of National Public Safety Commission transfer Islamabad Capital City
Police Officer and Head of a Federal Law Enforcement Agency before the expiry
of his tenure.
(5) The
Federal Government or the National Public Safety Commission may initiate
premature transfer of the officer mentioned in clause (4) for unsatisfactory
performance of duties:---
Provided that before premature
transfer of the officers mentioned in clause (3) and clause (5) the appropriate
Commission shall give the concerned officer an opportunity of being heard in
person.
(6)
The Federal Government may, with the
agreement of the National Public Safety Commission, recall a Provincial Police
Officer or the Capital City Police Officer.
13. Posting of Additional Inspectors General
of Police.– The Government may post such number of Additional
Inspectors General of Police to assist the Provincial Police Officer, or
Capital City Police Officer, as the case may be, in the efficient performance
of his duties as it may deem fit, in consultation with the Provincial Police
Officer, or Capital City Police Officer, as the case may be.
14. Appointment of experts.–
(1) The Government may, on recommendation of the appropriate Public Service
Commission, appoint one or more experts to assist the Provincial Police Officer
and Capital City Police Officer or City Police Officer.
(2) The
qualifications, eligibility, terms and conditions of service of experts shall
be as prescribed.
15. Posting of City Police Officer and
District Police Officer.– (1) The Provincial Police Officer
may post a City Police Officer for a city district notified as a general police
area and the District Police Officer in a district within a general police area
in consultation with the Government.
(2) The
term of office of City Police Officer or District Police Officer, as the case
may be, shall be three years from the date of his posting.
(3) The
City Police Officer or District Police Officer may be transferred before
completion of normal tenure of three years on specific grounds such as
inefficiency and ineffectiveness with the concurrence both of the Zila Nazim and
the District Public Safety Commission, after he has been heard in person by the
District Public Safety Commission.
16. Administration of police in a district.–
(1) Subject to this Order, the administration of police throughout a district,
other than a capital city district and a city district, shall vest in a
District Police Officer posted under Article 15.
(2) The
District Police Officer may delegate any of his powers and functions conferred
on him to a Superintendent of Police, Assistant or Deputy Superintendent of
Police posted under Article 17.
(3) The Capital City
Police Officer and the City Police Officer shall have administrative and
financial powers of the head of an attached department.
(4) A
Capital City Police Officer posted under
Article 11 and a City Police Officer posted under Article 15 shall exercise the
powers vested in them under clause (3) above and Article 10 subject to the
operational control by the Provincial Police Officer.
17. Posting of Deputy Inspector General,
Senior Superintendent, Superintendent, Assistant Superintendent, Deputy
Superintendent.– (1) Subject to this Order, the
Government shall post in consultation with Provincial Police Officer, or
Capital City Police Officer, as the case may be, for any part of a general police
area or for police headquarters, such number of Deputy Inspectors General of
Police as it may deem fit.
(2) Provincial
Police Officer or the Capital City Police Officer shall post Senior
Superintendents, Superintendents, Assistant and Deputy Superintendents of
Police in the general police area.
(3) Every
officer posted under clause (1) and clause (2) shall exercise and perform such
powers, functions and duties, as assigned to him under this Order, or any other
law for the time being in force.
[6][6][18. Separation
of investigation function.– (1) There shall be separation of
investigation from other functions of the Police.
(2) Subject
to clause (3), the District Investigation Branch shall investigate, under the
supervision of the Head of District Investigation Branch, all cases registered
in the District.
(3) The Provincial Police Officer may notify
the offences which shall be investigated by the investigation officer in the
police station under the supervision of the officer-in-charge of the police station
and if an offence in a case is required to be investigated by the District
Investigation Branch then the entire case shall be investigated by the District
Investigation Branch.
(4) The
District Investigation Branch, other than in the Capital City District or a
City District, shall be headed by a police officer not below the rank of a
Superintendent of Police and shall consist of such other police officers as the
Provincial Police Officer may determine.
(5) In
the Capital City District and a City District, the District Investigation
Branch shall be headed by a police officer not below the rank of Deputy
Inspector General of Police and Senior Superintendent of Police respectively
and shall consist of such other police officers as the Provincial Police Officer
may determine.
(6) In
order to institute functional specialization in each District, the Provincial
Police Officer shall determine the investigation organization and
jurisdictions, as and when required, at the level of the District, City
District, Capital City District or a division within a City District or the
Capital City District.
(7) The
members of District Investigation Branch shall not form part of any police
station and, as far as possible, the District Investigation Branch shall
comprise several specialized wings, each wing being responsible for
investigation of one or more types of cases.
(8) The
Head of District Investigation Branch shall be directly responsible to the Head
of District Police.
(9) The
supervisory officers,---
(a) shall
ensure timely completion and verification of investigation; and
(b) may summon the investigation officer or team
of officers, review the case file, evaluate the evidence and, in that case,
shall issue instructions to the investigation officer or team of officers in
the form of case diary.
(10) A supervisory officer not below the rank of a
Deputy Superintendent of Police may verify the correctness of the investigation
and accuracy of conclusions of investigation by writing a case diary before
submission of report in the court.
(11) An officer-in-charge of the police station
shall, immediately after receiving information of an offence, inform the
District Investigation Branch of the offence which is required to be
investigated by the District Investigation Branch.
(12) If
the Head of District Investigation Branch is of the opinion that a case under
investigation with the District Investigation Branch is not in its
jurisdiction, he shall, under intimation to the Head of District Police, send
the case for further investigation to the officer-in-charge of the police
station.
(13) If the officer-in-charge of the police
station is, for reasons to be recorded, of the
opinion that a case under investigation by the police station staff is required
to be investigated by the District Investigation Branch, he shall, under
intimation to the Head of District Police, send the case for further
investigation to the District Investigation Branch.
(14) Except in case of an emergency notified by
the Provincial Police Officer for a specified period, the members of District
Investigation Branch shall not be employed for duties other than
investigation.]
[7][7][18A. Transfer
of investigation.– (1) Within seven working days of the filing of an
application, the Head of District Police may, after obtaining opinion of the
District Standing Board and for reasons to be recorded in writing, transfer
investigation of a case from the investigation officer to any other
investigation officer or a team of investigation officers of a rank equal to or
higher than the rank of the previous investigation officer.
(2) If
the Head of District Police has decided an application for transfer of
investigation, the Regional Police Officer may, within seven working days of
the filing of an application, after obtaining opinion of the Regional Standing
Board and for reasons to be recorded in writing, transfer investigation of a
case from the investigation officer or a team of investigation officers to any
other investigation officer or a team of investigation officers of a rank equal
to or higher than the rank of the previous investigation officer or officers.
(3) If
a Regional Police Officer has decided an application for transfer of an
investigation, the Provincial Police Officer may, within thirty days of filing
of an application, after obtaining opinion of a Standing Review Board, transfer
investigation of a case to an investigation officer or a team of investigation
officers of a rank equal to or higher than the rank of the previous
investigation officer or officers.
(4) A
case under investigation with a District Investigation Branch may only be
transferred to another officer or a team of officers of the District
Investigation Branch, Regional Investigation Branch or Provincial Investigation
Branch.
(5) For
the purpose of this Article,---
(a) ‘District
Standing Board’ means the District Standing Board constituted by the Head of
District Police consisting of a Superintendent of Police as chairperson and two
officers not below the rank of Deputy Superintendent of Police as members;
(b) ‘Regional Standing Board’ means the Regional
Standing Board constituted by the Regional Police Officer consisting of a
Superintendent of Police as chairperson and two Superintendents of Police as
members;
(c) ‘Standing Review Board’ means the Standing Review Board
constituted by the Provincial Police Officer consisting of a Deputy Inspector
General of Police as chairperson and two officers not below the rank of
Superintendent of Police as members; and
(d) reference to Head of District Police and
Regional Police Officer in the case of Capital City District shall be construed
to mean the Head of District Investigation Branch of the Capital
City and the Capital City Police Officer, respectively.]
19. Appointment of Director of Police
Communications etc.– Subject to rules, Provincial
Police Officer, or Capital City Police Officer, or City Police Officer, as the
case may be, may appoint Director of Wireless, Motor Transport and Computer for
the whole of the general police area or for any part thereof and such number of
officers and staff as may be determined from time to time.
20. Posting of heads of police training
institutions.– (1) The Federal Government shall
post a police officer of the rank of Inspector General of Police as Commandant
of the National Police Academy .
(2) Provincial
Police Officer or Capital City Police Officer may post an officer not below the
rank of Deputy Inspector General of Police as Commandant of the police training
college and an officer not below the rank of Senior Superintendent of Police as
Principal of each police training school within the general police area under
his charge.
21. Constitution
of regions and divisions etc.– (1) The
Provincial Police Officer may, with the approval of the Government, constitute
police regions.
(2) Within
the budgetary allocations, Provincial Police Officer, Capital City Police
Officer, or the City Police Officer, as the case may be, may,---
(a) divide districts into police divisions,
sub-divisions and police stations;
(b) sub-divide the police stations into police
posts; and
(c) define the limits and extent of such
divisions, sub-divisions, police stations and police posts:---
Provided that the limits and extent
of such divisions, police stations and police posts shall, as far as
practicable, be coterminous with the limits of Tehsils, or Town in a city
district and Unions.
(3) A
police region under clause (1) shall be headed by a police officer not below
the rank of Deputy Inspector General of Police:---
Provided that where the size of
police establishment is more than ten thousand the region shall be headed by a
police officer not below the rank of Additional Inspector General of Police.
(4) A police division shall be under an
officer not below the rank of a Superintendent of Police; a police sub-division
under an officer not below the rank of an Assistant or Deputy Superintendent of
Police; and a police station shall be under an officer of the rank of Inspector
[8][8][or
Sub-Inspector] of Police:---
Provided that an officer of the rank
of Assistant Superintendent of Police may be posted as head of a police
station, assisted by Inspectors [9][9][or
Sub-Inspectors] as officer incharge in selected police stations.
22. Transfer to other police establishment.–
Subject to rules, the appropriate Government may transfer any police officer
appointed under this Order from police constituted for one general police area
to another.
23. Appointment of junior ranks.–
Subject to rules, Head of District Police shall be the appointing authority for
junior ranks.
24. Oath or affirmation by members of police.–
(1) Every member of the police shall on appointment make and subscribe before
Provincial Police Officer or Capital City Police Officer or City Police
Officer, or head of a training institution, an oath or affirmation according to
the form set out in the Second Schedule.
(2) Assistant
Superintendents of Police shall make and subscribe to the said oath or
affirmation before Commandant, National Police Academy .
25. Certificate of appointment.–
(1) Officers of junior ranks shall on appointment receive a certificate in the
form provided in the Third Schedule. The certificate shall be issued under the
seal of such officer as Provincial Police Officer or Capital City Police
Officer or City Police Officer may by general or special order direct.
(2) A
certificate of appointment shall become null and void whenever the police
officer named therein ceases to belong to the police.
26. Suspension of police officer.–
(1) Subject to rules, the authority or an officer authorised in this behalf by
the authority shall have power to suspend a member of police.
(2) The
powers and functions vested in a member of police shall remain suspended while
such officer is under suspension:---
Provided that notwithstanding his
suspension such member shall not cease to be a member of police and shall
continue to be subject to the control of the same authorities to which he would
have been, but for his suspension.
27. General powers of Provincial Police
Officer etc.– Subject to this Order and rules
made there-under, Provincial Police Officer and Head of District Police, as the
case may be, shall within their respective spheres of authority, direct and
regulate all matters of recruitment, training, postings, transfers, promotions,
arms, drill, discipline, clothing, distribution of duties, and any other matter
concerning the efficient fulfilment of duties by the police under his control.
28. Powers of Provincial Police Officer,
Capital City Police Officer and City Police Officer concerning police accounts.–
(1) Provincial Police Officer, Capital City Police Officer or City Police
Officer shall have authority to investigate and regulate all matters of
accounts connected with the police and all persons concerned shall be bound to
give reasonable aid and facilities in conducting such investigation and to
conform to his orders consequent thereto.
(2) The power of Provincial Police Officer,
Capital City Police Officer and City Police Officer to regulate accounts under
clause (1) shall be without prejudice to the Auditor General’s authority to
audit police accounts.
29. Appointment of special police officers.–
(1) Subject to rules, Head of District Police may appoint special police
officers for special purposes or occasions when the police available to him is
not sufficient to assist the police under his command.
(2) Every
special police officer so appointed shall, on appointment,---
(a) receive a certificate in the prescribed form;
(b) have the same powers, and immunities and be
liable to the same duties and responsibilities and be subject to the same
authorities as a regular police officer.
30. Appointment of additional police.–
(1) City Police Officer and District Police Officer subject to the approval of
the Provincial Police Officer, and Capital City Police Officer may appoint
additional police officers of such rank and for such time as he may deem fit
for the purposes stated in their employment orders.
(2) Every
additional police officer so appointed shall on appointment–
(a) receive a certificate in a form approved by
Provincial Police Officer or Capital City Police Officer or City Police
Officer, as the case may be;
(b) be vested with all or any of the powers,
privileges and duties of a police officer;
(c) be subject to orders of the Capital City
Police Officer, City Police Officer and District Police Officer.
(3) The
employment of additional police may be made at the request of any person
reasonably requiring such police and the cost of such employment shall be recovered
in such manner as provided under this Order or rules made there under.
31. Ministerial staff etc.–
(1) Subject to rules, Provincial Police Officer, Capital City Police Officer
and City Police Officer, as the case may be, may appoint ministerial staff and
other employees to assist the police.
(2) Any
person employed under clause (1) shall be under the direction and control of
Provincial Police Officer, Capital City Police Officer, or City Police Officer,
as the case may be.
(3) The
powers of direction and control referred to in clause (2) shall include the
powers of discipline and dismissal.
(4) Subject
to rules, Provincial Police Officer, Capital City Police Officer or City Police
Officer, as the case may be, may delegate his powers and authority under this
Article to an officer of appropriate rank.
Chapter IV
Responsibilities
of the Head of District Police
32. Policing Plan.–
(1) Head of District Police shall prepare an annual Policing Plan consistent
with Provincial Policing Plan wherever applicable in consultation with the Zila
Nazim in the prescribed manner.
(2) The
Policing Plan shall include–
(a) objectives of policing;
(b) financial resources likely to be
available during the year;
(c) targets; and
(d) mechanism for achieving these targets.
(3) Head
of District Police shall obtain the approval of the plan from the appropriate
Public Safety Commission and send copies of the approved plan to Zila Nazim,
Tehsil or Town Nazim, Provincial Government, Provincial Public Safety
Commission and Provincial Police Officer and in case of Islamabad Capital
Territory to Zila Nazim, Islamabad District Public Safety Commission, National
Public Safety Commission and Federal Government.
(4) Head
of District Police shall prepare a report on the policing of the district
during the year and send it to the District Public Safety Commission by end of
August.
33. Relationship of District Police with Zila
Nazim etc.– (1) Subject to the provisions of this Order, Head of
District Police shall be responsible to the Zila Nazim for police functions
under this Order but shall not include administration of the district police,
investigation of criminal cases and police functions relating to prosecution,
which shall rest with the police:---
Provided that Zila Nazim may visit a
police station to find out if any person is under unlawful detention and in
appropriate cases may also direct action in accordance with law having regard
to the facts and circumstances of the case.
(2) In
case of a difference of opinion between the Zila Nazim and the Provincial
Government on any matter concerning the district police, the decision of the
Provincial Government shall prevail.
34. Police support to Government
functionaries, etc.– (1) Any functionary of the
Federal Government, Provincial Government, any statutory body or any body or
corporation owned, set up or controlled by any such Government or in which such
Government has a controlling share or interest, District Government, Tehsil or
Town Municipal Administration or Union Administration, or Cantonment Board may
for the discharge of his official duties which in his opinion require police
assistance, ask for police support from the concerned police authority of the
area and such authority shall provide the requisite support:---
Provided that, if for any reason,
the police authority is unable to provide the police support requested under
this clause it shall forthwith bring the matter through its channel of command
to the notice of Head of District Police who shall make arrangement for provision
of police support and, where he is unable to provide such support, he shall
inform the Zila Nazim accordingly:---
Provided further that before making
a report to the higher officer, each officer in the chain of command shall make
an effort to provide the requisite police support:---
Provided also that where any police
officer is of the opinion that the request for police support is unnecessary,
unlawful or mala fide, he shall, through his channel of command, report
to Head of District Police who may seek recourse to the appropriate Public
Safety Commission and in that case the decision of the Public Safety Commission
shall prevail.
(2) Where
the Zila Nazim so directs, the District Coordination Officer shall be
responsible for coordination of police support by Head of District Police to
the District Government, Tehsil Municipal Administration, Union Administration
and Cantonment Board in exigencies threatening law and order, natural
calamities and emergencies.
(3) In
case of an unlawful or mala fide order issued by any authority, the Head
of District Police shall seek recourse to the appropriate Public Safety
Commission whose decision shall prevail.
35. Responsibility on complaints of neglect
and excesses by police.– (1) Where the Zila Nazim on the
basis of any complaint or information has reason to believe that any police
official has committed an act of neglect, failure or excess, or the Union
Public Safety Committee on its own motion or on receipt of a complaint from an
aggrieved person reports to the Zila Nazim about police neglect, failure or
excess, the Zila Nazim may direct Head of District Police to take remedial
measures, including registration of First Information Report in a cognizable
offence in appropriate cases within the period specified by him and the Zila
Nazim shall inform the appropriate Public Safety Commission accordingly.
(2) Head
of District Police or the concerned competent authority shall immediately take
remedial measures, and may suspend the concerned official where necessary,
initiate an enquiry and take appropriate action in accordance with law.
(3) Head
of District Police shall without delay inform the Zila Nazim and appropriate
Public Safety Commission of the action taken by him pursuant to the directions
given under clause (1) and forward a copy of the final report of enquiry within
forty five days of such directions.
36. Reference to Police Complaints Authority.–
Head of District Police and Head of Federal Law Enforcement Agency shall inform
the Provincial Police Complaints Authority or the Federal Police Complaint
Authority, as the case may be, of any incident or a complaint of rape, death or
serious injury to any person in police custody.
Chapter V
District
Public Safety Commission
37. Establishment.–
The Provincial Government shall establish a District Public Safety Commission
in each district consisting of 8,10 or 12 members depending upon the area and
population of the district.
38. Composition.–
(1) Half of the members of the District Public Safety Commission shall be
elected by the Zila Council, from amongst its councillors on the basis of each
member casting only one vote in favour of any contesting candidate through
secret ballot.
(2) The
other half comprising independent members shall be appointed by the Governor
from a list of names recommended by the District Selection Panel.
(3) One
third of both the elected and the independent members of the District Public
Safety Commission shall be women.
(4) The
Naib Zila Nazim shall request the Chairperson of the District Selection Panel
to conduct the election of the members of the District Public Safety Commission
referred to in clause (1).
(5) The appointment of members shall be
notified in the official Gazette.
39. Appointment
of Chairperson.– (1) The Chairperson shall be
elected by the members from amongst themselves annually alternating between
independent and elected members.
(2) The Chairperson shall preside over the
meetings of the Commission.
40. Meeting
in the absence of the Chairperson.– In the absence of the Chairperson
the District Public Safety Commission shall elect one of its member to preside
over a meeting.
41. Selection of independent members.–
(1) There shall be a Selection Panel for independent members consisting of
District and Sessions Judge who shall be its Chairperson and one nominee each
of the Provincial Government and the District Government:---
Provided that such nominee shall not
be elected representative or public servant.
(2) The
selection of independent members shall be by consensus.
(3) The
selection process shall be completed within thirty days from the commencement
of the selection process.
(4) Independent
members shall be of impeccable integrity and proven professional competence in
such fields as social work, law, administration, education, corporate sector,
etc.
42. Functions of the Selection Panel.–
The selection panel shall invite applications or nominations from the public
for selection of independent members, and after interviewing eligible and
willing candidates, forward names of persons twice the number of appointments
to be made to the Governor of the Province.
43. Selection criteria of independent members.–
A person shall be disqualified from becoming a member of District Public Safety
Commission if he,---
(a) is an activist of any political party or has
held any representative office or has remained a public servant in the six
months immediately preceding such appointment;
(b) is found suffering from physical or mental
incapacity or illness;
(c) is declared a bankrupt, loan defaulter or tax
evader;
(d) is not a citizen of Pakistan
(e) holds an office of profit in the service of Pakistan
(f) is in the service of any statutory body or any
other body which is owned or controlled by the Government or in which the Government
has a controlling share or interest;
(g) has been dismissed, removed or compulsorily
retired from the service of Pakistan
(h) is convicted of a criminal offence;
(i) has any conflict of interest; or
(j) is involved in activities prejudicial to the
ideology, interest, security, unity, solidarity, peace and integrity of Pakistan
44. Functions of the District Public Safety
Commission.– The District Public Safety
Commission shall perform the following functions including those related to
complaints against the police:---
(a) approve an annual Local Policing Plan prepared
by the District Police Officer in consultation with the Zila Nazim setting out
the arrangements for the policing during the year:---
Provided that such
Policing Plan shall include,---
(i) a statement of the financial resources
expected to be made available by the Provincial Government; and
(ii) performance targets for the year and their
delivery mechanism;
(b) evaluate the delivery of performance targets
contained in the Local Policing Plan on quarterly basis and send half-yearly
reports to Zila Nazim, Tehsil Nazim, Provincial Government, Provincial Public
Safety Commission and Provincial Police Officer;
(c) encourage police-public cooperation;
(d) provide recourse to District Police Officer or
City Police Officer for reporting against any unlawful or mala fide
order or request for police support from any authority received by him or any
officer subordinate to him and give a decision thereon which shall prevail;
(e) refer the matter in writing to the Provincial
Government for appropriate action where the District Public Safety Commission
is satisfied that a collusive relationship detrimental to the interest of the
people exists between the Zila Nazim and District Police Officer or City Police
Officer:---
Provided
that before making such report the District Police Officer or City Police
Officer and the Zila Nazim shall be given an opportunity to be heard in person
to explain their respective positions;
(f) direct the District Police Officer or City
Police Officer as to disposal of unclaimed property under clause (4) of Article
135.
(g) direct the District Police Officer or City
Police Officer in writing, where the District Public Safety Commission has
reasons to believe that the head of the police station has unjustifiably
refused or avoided to register any First Information Report, to conduct an
inquiry into the matter and cause the registration of the First Information
Report under section 154 of the Code, if any cognizable case is made out from
the allegations of the complainant and report to the District Public Safety
Commission within forty-eight hours the action taken by him;
(h) on receipt of a complaint of excess by a police
officer,---
(i) direct the District Police Officer or City
Police Officer in writing to take appropriate action and submit a report within
a specified period; or
(ii) conduct a fact finding enquiry through two
or more of its members, and in case the complaint is found correct, send its
report and direct District Police Officer to suspend the defaulting police
officer and take departmental action against him in accordance with the rules;
(iii) report the matter to the Provincial Police
Officer, Provincial Government or the Police Complaints Authority for
appropriate action if the District Police Officer does not submit a report or
take action on the direction given by the District Public Safety Commission;
(i) direct
the District Police Officer in writing to enquire into a complaint of neglect
in general or by a functionary of a district police and take appropriate action
and report within the specified period.
(j) on a complaint of excess committed by any
member of Federal Law Enforcement Agency and civil armed forces acting in
support of the district police, require the appropriate authority of the
concerned department in writing to take remedial action and report within a
specified period. If no action is taken by the concerned authority, a reference
may be made by the District Public Safety Commissions to the head of concerned
organization or the Federal Complaints Authority for appropriate action.
45. Terms of
members of the District Public Safety Commission.– (1) The term of office of a member shall be three
years unless he resigns at any time before the expiry of his term or ceases to
be a member of the Zila Council.
(2) No
member shall be eligible for a second term.
(3) Members
shall be paid TA and DA for attending meetings, as per rules.
(4) Independent
members may be paid honoraria as per rules.
(5) Members
shall be Justices of Peace within the district in accordance with the Code.
46. Removal of members.–
The Governor on his own volition or on the recommendation of the District
Public Safety Commission may remove a member from office if he,---
(a) ceases to be a citizen of Pakistan
(b) is found suffering from physical or mental
incapacity or illness;
(c) is guilty of misconduct;
(d) is found to have dealt with any matter in which
he had a conflict of interest;
(e) is convicted of a criminal offence;
(f) is declared a bankrupt, loan defaulter or tax
evader;
(g) is involved in activities prejudicial to the
ideology, interest, security, unity, solidarity, peace and integrity of Pakistan
(h) brings the District Public Safety Commission
into disrepute;
(i) fails to attend its three consecutive
meetings without any reasonable cause.
47. Meetings and conduct of business of the
District Public Safety Commission.– (1) The business of the District
Public Safety Commission shall be conducted by the Commission in a meeting.
(2) The
meeting may be convened by the Chairperson or on the requisition of three
members.
(3) Quorum
for a meeting of the District Public Safety Commission shall be two third of
its total membership.
(4) Members shall attend meetings of the
Commission as and when required for which at least a week’s notice, with
agenda, shall be given. There shall be minimum of one meeting in a month
provided an emergency meeting may be held at a short notice not exceeding
twenty four hours.
(5) Decisions
of the Commission shall be by simple majority.
(6) District
Police Officer or City Police Officer or in their absence their deputy may be
invited to attend a meeting, which he shall attend.
(7) The
Commission may invite any expert for consultations on specific issues.
(8) The
Commission may frame rules of procedure for the conduct of business.
48. Secretariat.–
(1) The Government shall establish a permanent secretariat of the District
Public Safety Commission.
(2) The
Secretariat shall be headed by an officer of BPS 17 who shall be appointed in
consultation with the Commission by the Provincial Government.
(3) The
Secretariat shall consist of such number of officers and staff as the
Government may, in consultation with the Commission, determine from time to
time.
Chapter VI
Capital
City District Public Safety Commission
49. Establishment.–
The Provincial Government shall establish a Capital City District Public Safety
Commission in each district consisting 12 members depending upon the area and
population of the district.
50. Composition.–
(1) Three members of the Capital City District Public Safety Commission shall
be elected by the Zila Council, from amongst its councillors on the basis of
each member casting only one vote in favour of any contesting candidate through
secret ballot.
(2) Three
members shall be nominated by the Speaker of the Provincial Assembly from
amongst its members two from the treasury and one from the opposition in
consultation with the Leader of the House and the Leader of the Opposition.
(3) The
remaining six members shall be independent members and shall be appointed by
the Governor from a list of names recommended by the Capital City District
Selection Panel.
(4) One
third of both the elected and independent members of the Commission shall be
women.
(5) The
Naib Zila Nazim shall request the Chairperson of the Capital City District
Selection Panel to conduct the election of the members of the Capital City
District Public Safety Commission referred to in clause (1).
(6) The
appointment of members shall be notified in the official Gazette.
51. Appointment of Chairperson.–
(1) The Chairperson shall be elected by the members from amongst themselves
annually alternating between independent and elected members.
(2) The Chairperson shall preside over the
meetings of the Commission.
52. Meeting in the absence of the Chairperson.–
In the absence of the Chairperson the Capital City District Public Safety
Commission shall elect one of its member to preside over a meeting.
53. Selection of independent members.–
(1) There shall be a Selection Panel for independent members consisting of
Chief Justice of High Court who shall be its Chairperson and one nominee each
of the Provincial Government and the District Government:---
Provided that such nominee shall not
be elected representative or public servant.
(2) The
selection of independent members shall be by consensus.
(3) The
selection process shall be completed within thirty days from the commencement
of the selection process.
(4) Independent
members shall be of impeccable integrity and proven professional competence in
such fields as social work, law, administration, education, corporate sector,
etc.
54. Functions of the Selection Panel.–
The Selection Panel shall invite applications or nominations from the public
for selection of independent members, and after interviewing eligible and
willing candidates, forward names of persons twice the number of appointments
to be made to the Governor of the Province.
55. Selection criteria of independent members.–
A person shall be disqualified from becoming a member of District Public Safety
Commission if he,---
(a) is an activist of any political party or has
held any representative office or has remained a public servant in the six
months immediately preceding such appointment; or
(b) is found suffering from physical or mental
incapacity or illness; or
(c) is declared a bankrupt, loan defaulter or tax
evader; or
(d) is not a citizen of Pakistan
(e) holds an office of profit in the service of Pakistan
(f) is in the service of any statutory body or any
other body which is owned or controlled by the Government or in which the
Government has a controlling share or interest; or
(g) has been dismissed, removed or compulsorily
retired from the service of Pakistan on grounds of corruption or any other form
of misconduct; or
(h) is convicted of a criminal offence; or
(i) has any conflict of interest; or
(j) is involved in activities prejudicial to the
ideology, interest, security, unity, solidarity, peace and integrity of Pakistan
56. Functions of the Capital City District
Public Safety Commission.– The Capital City District Public
Safety Commission shall perform the following functions of Public Safety and
Complaints Authority:---
(a) approve an annual Local Policing Plan prepared
by the Capital City Police Officer in consultation with the Zila Nazim setting
out the arrangements for the policing during the year:---
Provided
that such Policing Plan shall include,---
(i) a statement of the financial resources
expected to be made available by the Provincial Government; and
(ii) performance targets for the year and their
delivery mechanism;
(b) evaluate the delivery of performance targets
contained in the Local Policing Plan on quarterly basis and send half-yearly
reports to Zila Nazim, Tehsil Nazim, Provincial Government, Provincial Public
Safety Commission and Provincial Police Officer;
(c) encourage police-public cooperation;
(d) provide recourse to Capital City Police Officer
for reporting against any unlawful or mala fide order or request for
police support from any authority received by him or any officer subordinate to
him and give a decision thereon which shall prevail;
(e) refer the matter in writing to the Provincial
Government for appropriate action where the Capital City District Public Safety
Commission is satisfied that a collusive relationship detrimental to the
interest of the people exists between the Zila Nazim and Capital City Police
Officer:---
Provided
that before making such report the Capital City Police Officer and the Zila
Nazim shall be given an opportunity to be heard in person to explain their
respective positions;
(f) direct the Capital City Police Officer as to
disposal of unclaimed property under clause (4) of Article 135.
(g) direct the Capital City Police Officer in
writing, where the Capital City District Public Safety Commission has reasons
to believe that the head of the police station has unjustifiably refused or
avoided to register any First Information Report, to conduct an inquiry into
the matter and cause the registration of the First Information Report under
section 154 of the Code, if any cognizable case is made out from the
allegations of the complainant and report to the Capital City District Public
Safety Commission within forty-eight hours the action taken by him;
(h) on receipt of a complaint of excess by a police
officer,---
(i) direct the Capital City District Police
Officer in writing to take appropriate action and submit a report within a specified
period; or
(ii) conduct a fact finding enquiry through two
or more of its members, and in case the complaint is found correct, send its
report and direct Capital City District Police Officer to suspend the
defaulting police officer and take departmental action against him in
accordance with the rules;
(iii) report the matter to the Provincial Government or the Police
Complaints Authority for appropriate action if the Capital City District Police
Officer does not submit a report or take action on the direction given by the
Capital City Public Safety Commission;
(i) direct the Capital City District Police
Officer in writing to enquire into a complaint of neglect in general or by a
functionary of a district police and take appropriate action and report within
the specified period;
(j) on a complaint of excess committed by any
member of Federal Law Enforcement Agency and civil armed forces acting in
support of the district police, require the appropriate authority of the
concerned department in writing to take remedial action and report within a
specified period. If no action is taken by the concerned authority, a reference
may be made by the Capital City District Public Safety Commission to the head
of concerned organization or the Federal Complaints Authority for appropriate
action.
57. Terms of members of the Capital City
District Public Safety Commission.– (1) The term of office of a
member shall be three years unless he resigns at any time before the expiry of
his term or ceases to be a member of the Provincial Assembly or the Zila
Council.
(2) No
member shall be eligible for a second term.
(3) Members
shall be paid TA and DA for attending meetings, as per rules.
(4) Independent
members may be paid honoraria as per rules.
(5) Members
shall be Justices of Peace within the district in accordance with the Code.
58. Removal of members.–
The Governor on his own volition or on the recommendation of the Capital City
District Public Safety Commission may remove a member from office if he,---
(a) ceases to be a citizen of Pakistan
(b) is found suffering from physical or mental
incapacity or illness;
(c) is guilty of misconduct;
(d) is found to have dealt with any matter in which
he had a conflict of interest;
(e) is convicted of a criminal offence;
(f) is declared a bankrupt, loan defaulter or tax
evader;
(g) is involved in activities prejudicial to the
ideology, interest, security, unity, solidarity, peace and integrity of Pakistan
(h) brings the Capital City District Public Safety
Commission into disrepute;
(i) fails to attend its three consecutive
meetings without any reasonable cause.
59. Meetings
and conduct of business of the Capital City District Pubic Safety Commission.– (1) The business of the Capital City District Public
Safety Commission shall be conducted by the Commission in a meeting.
(2) The
meeting may be convened by the Chairperson or on the requisition of three
members.
(3) Quorum
for the meeting of the Capital City District Commission shall be two-third of
its membership.
(4) Members shall attend meetings of the
Commission as and when required for which at least a week’s notice, with
agenda, shall be given. There shall be minimum of one meeting in a month
provided an emergency meeting may be held at a short notice not exceeding
twenty four hours.
(5) Decisions
of the Commission shall be by simple majority.
(6) Capital City Police Officer and in his absence his deputy
may be invited to attend a meeting which he shall attend.
(7) The
Commission may invite any expert for consultations on specific issues.
(8) The
Commission may frame rules of procedures for the conduct of business.
60. Secretariat.–
(1) The Government shall establish a permanent secretariat of the Capital City
District Public Safety Commission.
(2) The
Secretariat shall be headed by an officer of BPS 17 who shall be appointed in
consultation with the Commission by the Provincial Government.
(3) The
Secretariat shall consist of such number of officers and staff as the
Government may, in consultation with the Commission, determine from time to
time.
Chapter VII
Islamabad
District Public Safety Commission
61. Establishment.–
The Federal Government shall establish Islamabad District Public Safety
Commission for Islamabad Capital Territory
consisting of 12 members.
62. Composition.–
(1) Three members of the Islamabad District Public Safety Commission shall be
elected by the District Council, from amongst its councillors on the basis of
each member casting only one vote in favour of any contesting candidate through
secret ballot.
(2) Three
members shall be nominated by the Speaker of National Assembly from amongst its
members two from the treasury and one from the opposition in consultation with
the Leader of the House and the Leader of the Opposition.
(3) The
remaining six members shall be independent members and shall be appointed by
the President from a list of names recommended by the Islamabad District
Selection Panel.
(4) One
third of both the elected and independent members of the Islamabad District
Public Safety Commission shall be women.
(5) The Naib Zila Nazim shall request the
Chairperson of the Islamabad District Selection Panel to conduct the election
of the members of the Islamabad District Public Safety Commission referred to
in clause (1).
(6) The appointment of members shall be
notified in the official Gazette.
63. Appointment of Chairperson.–
(1) The Chairperson shall be elected by the members from amongst themselves
annually alternating between independent and elected members.
(2) The Chairperson shall preside over the
meetings of the Commission.
64. Meeting in the absence of the Chairperson.–
In the absence of the Chairperson, Islamabad District Public Safety Commission
shall elect one of its member to preside over a meeting.
65. Selection of independent members.–
(1) There shall be a Selection Panel for independent members consisting of
Chief Justice of the High Court who shall be its Chairperson and one nominee
each of the Federal Government and the District Government:---
Provided that such nominee shall not
be elected representative or public servant.
(2) The
selection of independent members shall be by consensus.
(3) The
selection process shall be completed within thirty days from the commencement
of the selection process.
(4) Independent
members shall be of impeccable integrity and proven professional competence in
such fields as social work, law, administration, education, corporate sector,
etc.
66. Functions
of the Selection Panel.– The
selection panel shall invite applications or nominations from the public for
selection of independent members, and after interviewing eligible and willing
candidates, forward names of persons twice the number of appointments to be
made to the President.
67. Selection criteria of independent members.–
A person shall be disqualified from becoming a member of Islamabad
District Public Safety Commission if he,---
(a) is an activist of any political party or has
held any representative office or has remained a public servant in the six
months immediately preceding such appointment; or
(b) is found suffering from physical or mental
incapacity or illness; or
(c) is declared a bankrupt, loan defaulter or tax
evader; or
(d) is not a citizen of Pakistan
(e) holds an office of profit in the service of Pakistan
(f) in the service of any statutory body or any
other body which is owned or controlled by the Government or in which the
Government has a controlling share or interest; or
(g) has been dismissed, removed or compulsorily
retired from the service of Pakistan on grounds of corruption or any other form
of misconduct; or
(h) is convicted of a criminal offence; or
(i) has any conflict of interest; or
(j) is involved in activities prejudicial to the
ideology, interest, security, unity, solidarity, peace and integrity of Pakistan
68. Functions of Islamabad District Public
Safety Commission.– The Islamabad District Public
Safety Commission shall perform the following functions of Public Safety and
Complaints Authority:---
(a) approve an annual Local Policing Plan prepared
by the Capital City Police Officer in consultation with the Zila Nazim setting
out the arrangements for the policing during the year:---
Provided
that such Policing Plan shall include,---
(i) a statement of the financial resources
expected to be made available by the Federal Government; and
(ii) performance targets for the year and their
delivery mechanism;
(b) evaluate the delivery of performance targets
contained in the Local Policing Plan on quarterly basis and send half- yearly
reports to Zila Nazim, Tehsil Nazim, Federal Government and National Public
Safety Commission;
(c) encourage police-public cooperation;
(d) provide recourse to Capital City Police Officer
for reporting against any unlawful or mala fide order or request for
police support from any authority received by him or any officer subordinate to
him and give a decision thereon which shall prevail;
(e) refer the matter in writing to the Federal
Government for appropriate action where the Islamabad District Public Safety
Commission is satisfied that a collusive relationship detrimental to the
interest of the people exists between the Zila Nazim and Capital City Police
Officer:---
Provided
that before making such report the Capital City Police Officer and the Zila
Nazim shall be given an opportunity to be heard in person to explain their
respective positions;
(f) direct the Capital City Police Officer as to
disposal of unclaimed property under clause (4) of Article 135;
(g) direct the Capital City Police Officer in
writing, where the Islamabad District Public Safety Commission has reasons to
believe that the head of the police station has unjustifiably refused or
avoided to register any First Information Report, to conduct an inquiry into
the matter and cause the registration of the First Information Report under
section 154 of the Code, if any cognizable case is made out from the
allegations of the complainant and report to the Islamabad District Public
Safety Commission within forty-eight hours the action taken by him;
(h) on receipt of a complaint of excess by a police
officer,---
(i) direct the Capital City Police Officer in writing to take
appropriate action and submit a report within a specified period; or
(ii) conduct a fact finding enquiry through two or
more of its members, and in case the complaint is found correct, send its
report and direct Capital City Police Officer to suspend the defaulting police
officer and take departmental action against him in accordance with the rules;
(iii) report the matter to the Federal government or
the Federal Police Complaints authority for appropriate action if the Capital
City Police Officer does not submit a report or take action on the direction
given by the Islamabad District Public Safety Commission;
(i) Direct
the Capital City Police Officer in writing to enquire into a complaint of
neglect in general or by a functionary of a district police and take appropriate
action and report within the specified period;
(j) on
a complaint of excess committed by any member of Federal Law Enforcement Agency
and civil armed forces acting in support of the Islamabad
district police, require the appropriate authority of the concerned department
in writing to take remedial action and report within a specified period. If no
action is taken by the concerned authority, a reference may be made by the
Islamabad District Public Safety Commission to the head of concerned organization
or the Federal Complaints Authority for appropriate action.
69. Terms of members of the Islamabad
District Public Safety Commission.– (1) The term of office of a
member shall be three years unless he resigns at any time before the expiry of
his term or ceases to be a member of the National Assembly or the Zila Council.
(2) No
member shall be eligible for a second term.
(3) Members shall be paid TA and DA for
attending meetings, as per rules.
(4) Independent
members may be paid honoraria as per rules.
(5) Members
shall be Justice of Peace within the district in accordance with the Code.
70. Removal of members.–
The President on his own volition or on the recommendation of Islamabad
District Public Safety Commission may remove a member from office if he,---
(a) ceases to be a citizen of Pakistan
(b) is found suffering from physical or mental
incapacity or illness;
(c) is guilty of misconduct;
(d) is found to have dealt with any matter in which
he had a conflict of interest;
(e) is convicted of a criminal offence;
(f) is declared a bankrupt, loan defaulter or tax
evader;
(g) is involved in activities prejudicial to the
ideology, interest, security, unity, solidarity, peace and integrity of Pakistan
(h) brings the Islamabad Public Safety Commission
into disrepute;
(i) fails to attend its three consecutive
meetings without any reasonable cause.
71. Meetings and conduct of business of the
Islamabad District Public Safety Commission.– (1) The
business of Islamabad District Public Safety Commission shall be conducted by
the Commission in a meeting.
(2) The
meeting may be convened by the Chairperson or on the requisition of three
members.
(3) Quorum
for the meeting of the Commission shall be two-third of its membership.
(4) Members shall attend meetings of the
Commission as and when required for which at least a week’s notice, with
agenda, shall be given. There shall be minimum of one meeting in a month
provided an emergency meeting may be held at a short notice not exceeding
twenty four hours.
(5) Decisions
of the Commission shall be by a simple majority.
(6) Capital City Police Officer or in his absence his deputy
may be invited to attend a meeting which he shall attend.
(7) The
Commission may invite any expert for consultations on specific issues.
(8) The
Commission may frame rules of procedure for the conduct of business.
72. Secretariat.–
(1) The Government shall establish a permanent secretariat of Islamabad
District Public Safety Commission.
(2) The
Secretariat shall be headed by an officer of BPS 17 who shall be appointed in
consultation with the Commission by the Government.
(3) The
Secretariat shall consist of such number of officers and staff as the
Government may in consultation with the Commission, determine from time to
time.
Chapter
VIII
The
Provincial Public Safety Commission
73. Establishment.– There shall be a Provincial Public Safety Commission,
consisting of twelve members and the ex-officio Chairperson.
74. Composition.–
(1) Half of the members of the Provincial Public Safety Commission shall be
nominated by the Speaker of the Provincial Assembly from amongst its members
three each from the treasury and opposition in consultation with the Leader of
the House and the Leader of the Opposition:---
Provided that at least two members
shall be women.
(2) The
other half comprising independent members shall be appointed by the Governor
from a list of names recommended by the Provincial Selection Panel:---
Provided that at least two members
shall be women.
(3) Notwithstanding
any thing contained in clause (1), independent members appointed under clause
(2) shall constitute the Provincial Public Safety Commission when the
Provincial Assembly is not in existence.
(4) The
appointment of members shall be notified in the official Gazette.
75. Appointment
of Chairperson.– (1) The
Provincial Home Minister will be the ex-officio Chairperson of the
Provincial Public Safety Commission.
(2) The
Chairperson shall preside over the meetings of the Provincial Public Safety
Commission.
76. Meeting in the absence of the Chairperson.–
In the absence of the Chairperson, the Provincial Public Safety Commission
shall elect one of its member to preside over a meeting.
77. Selection of independent members.–
(1) There shall be a Selection Panel for independent members consisting of
Chief Justice of the High Court who shall be its Chairperson and one nominee
each of the Governor and the Chief Minister:---
Provided that such nominee shall not
be elected representative or public servant.
(2) The
selection of independent members shall be by consensus.
(3) The
selection process shall be completed within thirty days from the commencement
of the selection process.
(4) Independent
members shall be of impeccable integrity and proven professional competence in
such fields as social work, law, administration, education, corporate sector,
etc.
78. Functions
of the Selection Panel.– The
selection panel shall invite applications or nominations from the public for
selection of independent members, and after interviewing eligible and willing
candidates, forward names of persons twice the number of appointments to be
made to the Governor.
79. Selection criteria of independent members.–
A person shall be disqualified from becoming a member of Provincial Public
Safety Commission if he,---
(a) is an activist of any political party or has
held any representative office or has remained a public servant in the six
months immediately preceding such appointment;
(b) is found suffering from physical or mental
incapacity or illness;
(c) is declared a bankrupt, loan defaulter or tax
evader;
(d) is not a citizen of Pakistan
(e) holds an office of profit in the service of Pakistan
(f) is in the service of any statutory body or any
other body which is owned or controlled by the Government or in which the
Government has a controlling share or interest;
(g) has been dismissed, removed or compulsorily
retired from the service of Pakistan on grounds of corruption or any other form
of misconduct; or
(h) is convicted of a criminal offence;
(i) has any conflict of interest; or
(j) is involved in activities prejudicial to the
ideology, interest, security, unity, solidarity, peace and integrity of Pakistan
80. Functions of the Provincial Public Safety
Commission.– (1) Subject to this Order, the
Provincial Public Safety Commission shall,---
(a) provide guidelines on the policy of the
government to Provincial Police Officer and Capital City Police Officers for
promoting integrity, efficiency and effectiveness of police;
(b) take steps to prevent the police from carrying
out any unlawful or mala fide orders or directions from any authority to
any functionary of the police throughout the Province and in case such orders
are brought to the notice of the commission it shall have the powers to
intervene and its decision shall prevail; and
(c) facilitate the establishment and functioning
of Citizen Police Liaison Committees in accordance with Article 168.
(2) Without
prejudice to its role under sub-section (1) the Commission shall perform the
following specific responsibilities,---
(a) co‑ordinate the functioning of Public Safety
Commissions within the Province;
(b) recommend to the Government premature transfer
of Provincial Police Officer before completion of normal tenure of three years
for unsatisfactory performance of duties:---
Provided
that before making such recommendation the Provincial Public Safety Commission
shall give the concerned police officer an opportunity to be heard in person;
(c) recommend to the government for grants to
various police establishments within the province, for enhancing their
capability to handle public order;
(d) assist the police establishment in securing
assistance from other police establishments and law enforcement agencies by
approaching the other Provincial and National Public Safety Commissions;
(e) determine in consultation with the Provincial Police Officer
objectives for the policing of the Province for each financial year;
(f) oversee
the implementation of the Provincial Policing Plan prepared by Provincial
Police Officer and approved and published by the Provincial Government. The
plan shall include,---
(i) a statement of the financial resources
expected to be made available by the Government; and
(ii) performance targets for the year and their
delivery mechanism;
(g) evaluate the delivery of performance targets
on quarterly basis;
(h) require the Provincial Police Officer to submit
by end of August each year a general report in a manner prescribed by the
Provincial Public Safety Commission which shall be published;
(i) submit an annual report to the Government and
the Provincial Assembly that shall include the following:---
(i) an abstract concerning performance of the
Provincial Public Safety Commission during the year;
(ii) a report on the functioning of the Police
Establishments;
(iii) a report on matters connected with general
law and order in the Province;
(j) recommend reforms for modernization of laws
and procedure in respect of police, prosecution, prisons and probation service;
(k) evaluate the performance of the District and
Capital City Public Safety Commissions on annual basis. If on the basis of the
evaluation conducted by the Provincial Public Safety Commission, the
performance of the Commission is found unsatisfactory, it may recommend the
dissolution of such Commission and on dissolution of the Commission the
Government shall reconstitute the same in accordance with the provisions of
this Order within forty five days of such decision;
(l) conduct enquiry on the recommendation of a
Zila Council through a resolution passed by two third majority of its total
membership for the dissolution of the relevant Public Safety Commission on
grounds of unsatisfactory performance of the said commission, establish
veracity or otherwise of the grounds of recommendation for rejection or onward
transmission to the Provincial Government for the dissolution of the said Public
Safety Commission. Where the government dissolves the relevant Public Safety
Commission it will reconstitute the same in accordance with the provisions of
this Order within forty five days of such decision;
(m) perform functions of the relevant Public Safety
Commission during the period it stands dissolved;
(n) consider the proposals made by Provincial
Police Officer or National Police Management Board and give its recommendations
to the government;
(o) recommend essential criminal justice reforms;
and
(p) perform
such other functions with regard to public order and safeguarding public
interest, as may be assigned by the government to it for the purpose under any
law for the time being in force including Prosecution, Prisons and Probation
services.
81. Terms of members of the Provincial Public
Safety Commission.– (1) The term of office of a
member shall be the same as that of the Provincial Assembly unless he resigns
at any time before the expiry of his term, or ceases to be a member of the
Provincial Assembly.
(2) No
member shall be eligible for a second term.
(3) Members
shall be paid TA and DA for attending meetings, as per rules.
(4) Independent
members may be paid honoraria as per rules.
(5) Members
shall be Justices of Peace in accordance with the Code.
82. Removal of members.–
The Governor on his own volition or on the recommendation of the Provincial
Public Safety Commission may remove a member from office if he,---
(a) ceases to be a citizen of Pakistan
(b) is found suffering from physical or mental
incapacity or illness;
(c) is guilty of misconduct;
(d) is found to have dealt with any matter in which
he had a conflict of interest;
(e) is convicted of a criminal offence;
(f) is declared a bankrupt, loan defaulter or tax
evader;
(g) is involved in activities prejudicial to the
ideology, interest, security, unity, solidarity, peace and integrity of Pakistan
(h) brings the Provincial Public Safety Commission
into disrepute;
(i) fails to attend its three consecutive
meetings without any reasonable cause.
83. Meetings and conduct of business of the
Provincial Public Safety Commission.– (1) The business of the
Provincial Public Safety Commission shall be conducted by the Commission in a
meeting.
(2) The
meeting may be convened by the chairperson or on the requisition of three
members.
(3) Quorum
for the meeting of the Commission shall be two-third of its membership.
(4) Members shall attend meetings of the
Commission as and when required for which at least a week’s notice, with
agenda, shall be given. There shall be minimum of one meeting in a month;
provided an emergency meeting may be held at a short notice not exceeding
twenty four hours.
(5) The
ex officio Chairperson shall not have the right of vote, except in case of a
tie.
(6) Decisions
of the Commission shall be by simple majority.
(7) The
Commission may hold public consultations as and when required.
(8) The
Provincial Police Officer and heads of prosecution service, prison and
probation departments shall attend meetings of the Commission as non-voting
members, when invited.
(9) The
Commission may invite any expert for consultations on specific issues.
(10) The Commission may frame rules of procedure
for the conduct of business.
84. Secretariat.–
(1) The Government shall establish a permanent secretariat of the Provincial
Public Safety Commission.
(2) The
Secretariat shall be headed by a Director of the rank of Senior Superintendent
of Police who shall be appointed by the Provincial Government in consultation
with the Commission.
(3) The
Secretariat shall consist of such number of officers and staff as the
Government may, in consultation with the Commission, determine from time to
time.
(4) The
Secretariat shall be attached to the Provincial Law Department for purposes of
budget and for matters pertaining to the Provincial Assembly.
Chapter IX
The
National Public Safety Commission
85. Establishment.–
There shall be a National Public Safety Commission consisting of twelve members
and the ex officio Chairperson.
86. Composition.– (1) Half of the members of the National Public Safety
Commission shall be nominated by the Speaker of the National Assembly from
amongst its members three each from the treasury and the opposition in
consultation with the Leader of the House and the Leader of the Opposition:---
Provided that at least one member
shall belong to each Province, and to Islamabad Capital
Territory :---
Provided further that at least two
members shall be women.
(2) The
other half comprising independent members shall be appointed by the President
from a list of names recommended by the National Selection Panel:---
Provided that at least one member
shall belong to each Province, and to Islamabad Capital
Territory :---
Provided further that at least two
members shall be women.
(3) Notwithstanding
anything contained in clause (1), independent members appointed under clause
(2) shall constitute the National Public Safety Commission when the National
Assembly is not in existence.
(4) The appointment of members shall be
notified in the official Gazette.
87. Appointment of Chairperson.–
(1) The Federal Interior Minister will be ex-officio Chairperson of the
National Public Safety Commission.
(2) The
Chairperson shall preside over the meetings.
88. Meeting in the absence of the Chairperson.–
In the absence of the Chairperson, the National Public Safety Commission shall
elect one of its member to preside over a meeting.
89. Selection of independent members.–
(1) There shall be a Selection Panel for independent members consisting of
Chief Justice of Supreme Court of Pakistan who shall be its Chairperson and one
nominee each of President and Prime Minister:---
Provided that such nominee shall not
be elected representative or public servant.
(2) The
selection of independent members shall be by consensus.
(3) The
selection process shall be completed within thirty days from the commencement
of the selection process.
(4) Independent
members shall be of impeccable integrity and proven professional competence in
such fields as social work, law, administration, education, corporate sector,
etc.
90. Functions of the Selection Panel.–
The selection panel shall invite applications or nominations from the public
for selection of independent members, and after interviewing eligible and
willing candidates, forward names of persons twice the number of appointments
to be made to the President of Pakistan.
91. Selection criteria of independent members.–
A person shall be disqualified from becoming a member of National Public Safety
Commission if he,---
(a) is an activist of any political party or has
held any representative office or has remained a public servant in the six
months immediately preceding such appointment; or
(b) is found suffering from physical or mental
incapacity or illness; or
(c) is declared a bankrupt, loan defaulter or tax
evader;
(d) is not a citizen of Pakistan
(e) holds an office of profit in the service of Pakistan
(f) is in the service of any statutory body or any
other body which is owned or controlled by the Government or in which the
Government has a controlling share or interest;
(g) has been dismissed, removed or compulsorily
retired from the service of Pakistan
(h) is convicted of a criminal offence;
(i) has any conflict of interest; or
(j) is involved in activities prejudicial to the
ideology, interest, security, unity, solidarity, peace and integrity of Pakistan
92. Functions of the National Public Safety
Commission.– (1) In the performance of its
duties the National Public Safety Commission shall oversee the functioning of
the Federal Investigation Agency, Pakistan Railways Police, Anti-narcotics
Force, Frontier Constabulary Pakistan Motorway and Highway Police, any other
Federal Law Enforcement Agency and Anti-smuggling Wing of Customs exercising
police powers.
(2) Facilitate
the establishment and functioning of Citizen Police Liaison Committees in
accordance with Article 168.
(3) Without
prejudice to its role under clause (1), the National Public Safety Commission
shall perform the following functions:---
(a) recommend to the Federal Government panels of
three police officers for the appointment of Capital City Police Officer for
Islamabad and for the appointment of head of Federal Investigation Agency, Pakistan Railways Police, Pakistan Motorway and Highway
Police and Frontier Constabulary;
(b) recommend
to the Provincial Government panels of three police officers for the
appointment of a Provincial Police Officer;
(c) recommend to the Federal Government premature
transfer of Capital City Police Officer for Islamabad and head of a Federal Law
Enforcement Agency before completion of normal tenure of three years for
unsatisfactory performance of duties; provided that before making such
recommendation the National Public Safety Commission shall give the concerned
officer an opportunity to be heard in person;
(d) oversee implementation of plans prepared by
heads of the respective law enforcement agencies and approved and published by
the Government, setting out arrangements for achieving objectives during the
year. The plans shall include,---
(i) a statement of financial resources expected to
be made available by the Government; and
(ii) performance targets for the year and their
delivery mechanism;
(e) evaluate the delivery of performance targets
on quarterly basis;
(f) require
heads of the relevant Federal Law Enforcement agency to submit to the National
Public Safety Commission, by end of August each year, a general report in a
manner prescribed by the National Public Safety Commission, which shall be
published;
(g) submit an annual report to the Government and
the Parliament that shall include the following:---
(i) an abstract concerning performance of the
National Public Safety Commission during the year;
(ii) a report on the functioning of the Federal
Law Enforcement Agencies; and
(iii) a report on matters connected with general law
and order in the country;
(h) recommend
reforms for modernization of laws and procedure in respect of police,
prosecution, prisons and probation services;
(i) facilitate coordination among the Provincial
Public Safety Commissions;
(j) evaluate the performance of the Islamabad
District Public Safety Commission on annual basis. If on the basis of the
evaluation conducted by the National Public Safety Commission, the performance
of the Commission is found unsatisfactory, the Government may dissolve the Islamabad
District Public Safety Commission and reconstitute the commission in accordance
with the provisions of this Order within forty five days of such decision;
(k) conduct enquiry on the recommendation of
Islamabad Zila Council through a resolution passed by two third majority of its
total membership for the dissolution of the Islamabad District Public Safety
Commission on grounds of unsatisfactory performance of the said Commission,
establish veracity or otherwise of the grounds of recommendation for rejection
or onward transmission to the Federal Government for the dissolution of the
said Public Safety Commission;
(l) perform functions of the Islamabad District
Public Safety Commission during the period it stands dissolved;
(m) consider the proposals of the National Police
Management Board and give its recommendations to the Government; and
(n) perform such other functions with regard to
public safety and safeguarding interest of the people, as may be assigned by
the Government to it for the purpose under any law for the time being in force
in particular pertaining to the Prosecution, Prisons and Probation services.
93. Terms of members of the National Public
Safety Commission.– (1) The term of office of a
member shall be the same as that of the National Assembly unless he resigns or
is removed from office at any time before the expiry of his term or ceases to
be a member of the National Assembly.
(2) No
member shall be eligible for a second term.
(3) Members shall be paid TA and DA for
attending meetings, as per rules.
(4) Independent
members may be paid honoraria as per rules.
(5) Members
shall be Justices of Peace in accordance with the Code.
94. Removal of members.–
The President on his own volition or on the recommendation of the National
Public Safety Commission may remove a member from office if he,---
(a) ceases to be a citizen of Pakistan
(b) is found suffering from physical or mental
incapacity or illness;
(c) is guilty of misconduct;
(d) is found to have dealt with any matter in which
he had a conflict of interest;
(e) is convicted of a criminal offence;
(f) is declared a bankrupt, loan defaulter or tax
evader;
(g) is involved in activities prejudicial to the
ideology, interest, security, unity, solidarity, peace and integrity of Pakistan
(h) brings the National Public Safety Commission
into disrepute;
(i) fails to attend its three consecutive
meetings without any reasonable cause.
95. Meetings and conduct of business of the
National Public Safety Commission.– (1) The business of the National
Public Safety Commission shall be conducted by the Commission in a meeting.
(2) The
meeting may be convened by the Chairperson or on the requisition of three
members.
(3) Quorum
for the meeting of the Commission shall be two-third of its membership.
(4) Members
shall attend meetings of the National Public Safety Commission as and when
required for which at least a week’s notice, with agenda, shall be given. There
shall be minimum of one meeting in a month, provided an emergency meeting may
be held at a short notice not exceeding twenty four hours.
(5) The
ex officio Chairperson will not have the right of vote, except in case of a
tie.
(6) Decisions
of the Commission shall be by simple majority.
(7) The
Commission may hold public consultations as and when required.
(8) Heads
of law enforcement agencies, prosecution service, prison and probation services
will attend meetings of the Commission as non-voting members, when invited.
(9) The
Commission may invite any expert for consultations on specific issues.
(10) The Commission may frame rules of procedure
for the conduct of the business.
96. Secretariat.–
National Police Bureau referred to in Article 162 shall function as the
secretariat of the National Public Safety Commission.
Chapter X
Police
Complaints Authorities
97. Establishment of Federal Police
Complaints Authority.– The Government shall establish a
Federal Police Complaints Authority for enquiring into serious complaints against
the members of Federal Law Enforcement Agencies.
98. Composition.–
(1) The Federal Police Complaints Authority shall consist of a Chairperson and
six members.
(2) The
President shall appoint the Chairperson of the Federal Police Complaints
Authority.
(3) The
Government shall appoint the members of the Federal Police Complaints Authority
on the recommendation of the Federal Public Service Commission.
99. Criteria and terms of the members.–
(1) The members of the Federal Police Complaints Authority shall be eminent
persons of impeccable integrity with skills, knowledge and experience in such
fields as may be specified by the Government.
(2) Persons
may be appointed as whole-time or part-time members of the Authority.
(3) A person shall not be appointed for a
period of more than three years.
(4) No
member or the Chairperson shall be eligible for a second term.
100. Functions of the Federal Police Complaints
Authority.– The Federal Police Complaints
Authority shall perform the following functions:---
(a) receive from District Public Safety Commission
or an aggrieved person in writing on an affidavit complaint of neglect, excess
or misconduct against Islamabad Capital Territory Police Officer or any member
of any Federal Law Enforcement Agency;
(b) process the complaint and refer the ordinary
cases to an appropriate authority for action and report and in serious cases
initiate action on its own;
(c) receive from the Islamabad District Public
Safety Commission or the Capital City District Police Officer or Head of a
Federal Law Enforcement Agency any report of death, rape or serious injury to
any person in police custody and take steps to preserve evidence relating to
such incident;
(d) request the Chief Justice of the High Court,
in serious cases, to appoint a District and Sessions Judge for a judicial
enquiry;
(e) appoint in appropriate cases a police officer
belonging to the Federal Law Enforcement Agencies who is senior in rank to the
officer complained against as an inquiry officer, and supervise the inquiry
proceedings;
(f) send a copy of the report to the competent
authority and direct him for departmental action based on the findings of the
enquiry or registration of a criminal case as appropriate and direct the
competent authority to submit a report about the action taken on the findings
of the report;
(g) inform the complainant of the outcome of the
enquiry in writing as soon as possible;
(h) where the Federal Police Complaints Authority
is not satisfied with the order in cases referred under clause (f), it may send
a report to the next higher authority for revision of the order by the awarding
officer and the process be repeated till it is considered by the final
authority;
(i) in case of any frivolous, false or vexatious
complaint, initiate legal action against the complainant;
(j) recommend disciplinary action against an
enquiry officer for willful neglect or mishandling of an enquiry;
(k) prepare and send to the Government an annual
report on matters relating generally to its functions, including any matter to
which it considers attention of the Government may be drawn by reason of
gravity or other exceptional circumstances, for laying the report before
Parliament;
(l) establish when necessary in consultation with
the Federal Government, regional offices anywhere in the country or with the
agreement of the Provincial Government designate Provincial Police Complaints
Authority or District Public Safety Commission to deal with the complaints of
excess or neglect.
101. Secretariat.–
(1) The Government shall establish a permanent secretariat of the Authority.
(2) The
Secretariat shall be headed by an officer not below BS 19 who shall be
appointed in consultation with the Authority.
(3) The
organization of the secretariat and functions of officers and staff shall be
determined by the Authority.
(4) The
secretariat shall consist of such number of officers and staff as the
Government may in consultation with the Authority determine from time to time.
(5) The
terms and conditions of service of the staff of the Authority shall be
determined by the Government in consultation with the Authority.
102. Removal of the members.– The procedure of the removal of the Chairperson and
members of the Federal Police Complaints Authority shall be the same as for the
members of the Federal Public Service Commission.
103. Establishment
of Provincial Police Complaints Authority.– The
Government shall establish a Provincial Police Complaints Authority for
enquiring into serious complaints against the police.
104. Composition.–
(1) The Provincial Police Complaints Authority shall consist of a Chairperson
and six members.
(2) The
Governor shall appoint the Chairperson of the Provincial Police Complaints
Authority.
(3) The
Government shall appoint the members of the Provincial Police Complaints
Authority on the recommendation of the Provincial Public Service Commission.
105. Criteria
and terms of the members.– (1) The members of the Provincial
Police Complaints Authority shall be eminent persons of impeccable integrity
with skills, knowledge and experience in such fields as may be specified by the
Government.
(2) Persons
may be appointed as whole-time or part-time members of the Authority.
(3) A
person shall not be appointed for a period of more than three years.
(4) No
member or the Chairperson shall be eligible for a second term.
106. Functions
of the Provincial Police Complaints Authority.– The
Provincial Police Complaints Authority shall perform the following
functions:---
(a) receive from District Public Safety Commission
or an aggrieved person in writing on an affidavit, complaint of neglect, excess
or misconduct against a Police Officer;
(b) process the complaint and refer the ordinary
cases to an appropriate authority for action and report and in serious cases
initiate action on its own;
(c) receive from the District Public Safety
Commission or Head of District Police any report of death, rape or serious
injury to any person in police custody and take steps to preserve evidence
relating to such incident and request the Chief Justice of the High Court under
intimation to the Government to appoint a Judge not below the District and
Sessions Judge for a judicial enquiry;
(d) may appoint in appropriate cases a police
officer of the same district or of a different district who is senior in rank
to the officer complained against as an inquiry officer, and supervise the
inquiry proceedings;
(e) send a copy of the report to the competent
authority and direct him for departmental action based on the findings of the
enquiry or registration of a criminal case as appropriate and direct the
competent authority to submit a report about the action taken on the findings
of the report;
(f) inform the complainant of the outcome of the
enquiry in writing as soon as possible;
(g) where the Provincial Police Complaints
Authority is not satisfied with the order in cases referred under clause (e),
it may send a report to the next higher authority for revision of the order by
the awarding officer and the process be repeated till it is considered by the
final authority;
(h) in case of any frivolous, or vexatious
complaint, initiate legal action against the complainant;
(i) may recommend disciplinary action against an
enquiry officer for willful neglect or mishandling of an enquiry;
(j) prepare and send to the Government an annual
report on matters relating generally to its functions, including any matter to
which it considers attention of the Government may be drawn by reason of
gravity or other exceptional circumstances, for laying the report before
Provincial Assembly;
(k) may in consultation with the Provincial
Government establish regional offices anywhere in the Province.
107. Secretariat.–
(1) The Government shall establish a permanent secretariat of the Authority.
(2) The
Secretariat shall be headed by an officer not below BS 19 who shall be
appointed in consultation with the Authority.
(3) The
organization of the Secretariat and functions of officers and staff shall be
determined by the Authority.
(4) The
Secretariat shall consist of such number of officers and staff as the
Government may in consultation with the Authority determine from time to time.
(5) The
terms and conditions of service of the staff of the Authority shall be
determined by the Government in consultation with the Authority.
108. Removal
of the members.– The procedure of the removal of
the Chairperson and members of the Provincial Police Complaints Authority shall
be the same as for the members of the Provincial Public Service Commission.
Chapter XI
Criminal
Justice Coordination Committee
109. Establishment.–
There shall be a Criminal Justice Coordination Committee in a district.
110. Composition.–
The Criminal Justice Coordination Committee shall consist of,---
(a) District
and Sessions Judge (Chairperson);
(b) Head
of District Police;
(c) District
Public Prosecutor;
(d) District
Superintendent Jail;
(e) District
Probation Officer;
(f) District
Parole Officer;
(g) Head
of Investigation (Secretary).
111. Functions
of the Criminal Justice Coordination Committee.–
(1) The Criminal Justice Coordination Committee shall,---
(a) keep under review the operation of the
criminal justice system and work towards the improvement of the system as a
whole;
(b) promote understanding, co-operation and
coordination in the administration of the criminal justice system;
(c) exchange information and give advance notice
of local developments, which may affect other parts of the system;
(d) formulate co-ordinated priorities and plans to
give effect to locally agreed policies;
(e) raise relevant issues with the appropriate
authorities;
(f) promote the spread of good practices; and
(g) review the implementation of any decisions
taken by the Criminal Justice Coordination Committee.
(2) The
meeting of the Criminal Justice Coordination Committee shall be held at least
once a month. The secretary of the committee shall record the minutes of the
meetings.
Chapter XII
Regulation,
Control and Discipline of the Police
112. Rule
making by Provincial Police Officer or Islamabad Capital
City Police Officer.–Provincial Police Officer, or
Islamabad Capital City Police Officer, as the case may be, with the prior
approval of the Government, may by notification in the official Gazette, make
rules for carrying into effect the provisions of this Order.
113. Punishments.–
Subject to the rules, a member of the police may at any time be suspended,
dismissed, compulsorily retired, reduced in rank or pay, within a time scale,
fined, censured or awarded any other punishment in the prescribed manner.
114. Code of Conduct.– (1) Provincial Police Officer and Capital City Police
Officer shall issue Code of Conduct to regulate police practices in respect
of,---
(a) the exercise by police officers of statutory
powers of stop and search;
(b) the searching of premises by police officers
and the seizure of property found by police officers on persons or premises;
(c) the detention, treatment and questioning of
persons by police officers; and
(d) the identification of persons by police
officers.
(2) Subject
to rules, a police officer contravening the Code of Conduct may be awarded one
or more punishments provided under Article 113.
115. Police
officer at any time liable to be called for duty.–
A police officer when off-duty, on leave or under suspension shall be liable to
be called for duty.
116. Withdrawal
from duty and resignation, etc.– (1) No Police officer shall
withdraw from the duties of his office unless expressly allowed to do so in
writing by Head of District Police or by some other officer authorised to grant
such permission
Explanation.– A police
officer who being absent on leave fails without reasonable cause to report for
duty on the expiration of such leave shall be deemed within the meaning of this
Article to withdraw himself from the duties of his office.
(2) No
police officer shall resign his office unless he has given to his superior
officer notice in writing for a period of not less than two months of his
intention to resign.
117. Police
officer not to engage in any other employment.– No police
officer shall engage in any private employment while he is a member of the
police establishment.
Chapter
XIII
Powers to
issue Orders
118. Power
to issue orders.– The Head of District Police may,
in an emergency, for the maintenance of public order or preventing public
nuisance, issue orders to give effect to the provisions of any Municipal law,
rules or bye-laws for the time being in force.
119. Power
to give direction to the public.– Subject to rules, a police
officer not below the rank of a Sub-Inspector may, give such directions as may
be necessary to,---
(a) direct the conduct and behaviour or actions of
persons constituting processions or assemblies on roads or streets;
(b) prevent obstructions,---
(i) on the occasion of processions and assemblies;
(ii) in the neighbourhood of places of worship
during the time of worship; and
(iii) when a street or public place or place of
public resort may be thronged or liable to be obstructed;
(c) keep order on streets, mosques, churches or
other places of worship and places of public resort when these may be thronged
or liable to be obstructed.
120. Regulation of public assemblies and
processions and licensing of same.– (1) Head of
District Police or Assistant or Deputy Superintendent of Police may as occasion
require, direct the conduct of assemblies and processions on public roads, or
in public streets or thoroughfares and prescribe the routes by which and the
times at which, such processions may pass.
(2) He may also, on being satisfied that it
is intended by any persons or class of persons to convene or collect any
assembly in any such road, street or thoroughfare, or to form a procession
which would, in his judgement, if uncontrolled, be likely to cause a breach of
the peace, require by general or special notice that the persons convening or
collecting such assembly or directing or promoting such processions shall apply
for a licence.
(3) On
such application being made, he may issue a licence specifying the names of the
licensees and defining the conditions on which alone such assembly or such
procession is to be permitted to take place and otherwise giving effect to this
Article:---
Provided that no fee shall be
charged on the application for, or grant of any such licence.
121. Powers
with regard to assemblies and processions violating the conditions of licence.–
(1) Head of District Police or Assistant or Deputy Superintendent of Police or
Inspector of Police or an officer in-charge of a police station may stop any
procession which violates the conditions of a licence granted under the last
foregoing Article, and may order it or any assembly which violates any such
conditions as aforesaid to disperse.
(2) Any
procession or assembly, which neglects or refuses to obey any order given under
clause (1) shall be deemed to be an unlawful assembly.
122. Power
to prohibit certain acts for prevention of disorder.–
(1) Head of District Police may, whenever and for such time as he may consider
necessary but not exceeding two days by notification publicly promulgated or
addressed to individuals prohibit in any urban or rural area, the carrying of
arms, cudgels, swords, spears, bludgeons, guns, knives, sticks, lathis
or any other article, which is capable of being used for causing physical
violence and the carrying of any corrosive substance or explosives, the
carrying, collection or preparation of stones or other missiles or instruments
of means of casting or impelling missiles.
(2) If
any person goes armed with any article as is referred to in clause (1), such
article shall be liable to be seized from him by a police officer.
123. Power to give directions against serious
disorder at places of amusement, etc.– (1) For the
purpose of preventing serious disorder or breach of the law or imminent danger
to those assembled at any place of public amusement or at any assembly or
meeting to which the public are invited or which is open to the public, any
police officer of the rank of Assistant Sub Inspector or above, present at such
place of public amusement, or such assembly or meeting, may subject to such
rules, regulations or orders as may have been lawfully made, give such
reasonable directions as to the mode of admission of the public to, and lawful
conduct of the proceedings and the maintaining of the public safety, at such
place of amusement or such assembly or meeting as he thinks necessary and all
persons shall be bound to conform to every such reasonable direction.
(2) Every police officer while on duty shall
have free access to any place of public amusement, assembly or meeting for the
purpose of giving effect to the provisions of clause (1) and to any direction
made there under.
124. Erecting of barriers in streets, etc.– Any police officer may in an emergency temporarily
close any street or public place through erection of barriers or other means,
to prohibit persons or vehicles from entering such area.
125. Power
to search suspected persons or vehicles in street, etc.–
When in a street or a place of public resort a police officer on reasonable
grounds suspects a person or a vehicle to be carrying any article unlawfully
obtained or possessed or likely to be used in the commission of an offence, he
may search such person or vehicle; and if the account given by such person or
possessor of the vehicle appears to be false or suspicious, he may detain such
article after recording in writing the grounds of such action and issue a
receipt in the prescribed form and report the facts to the officer in-charge of
the police station for informing the court for proceeding according to law
against the person.
Chapter XIV
Special
measures for maintenance of
Public
Order and Security
126. Employment
of additional police to keep peace.– (1) Capital City Police Officer
or City Police Officer and District Police Officer subject to approval of
Provincial Police Officer may on application of any person depute any
additional number of police to keep the peace, to preserve order, to enforce
any provisions of this Order, or any other law, in respect of any particular
class or classes of offences or to perform any other duties imposed on the
police.
(2) Subject
to rules, such additional police shall be employed at the cost of the person
making the application.
(3) If
the person upon whose application such additional police are employed gives one
week’s notice for the withdrawal of the said police, he shall be relieved from
the cost thereof at the expiration of such notice.
(4) If
there is any dispute on payment, Head of District Police on an application by
the aggrieved party may refer the matter to the Government for final decision.
127. Employment
of additional police at the cost of organizers, etc.–
(1) Whenever it appears to Head of District Police that,---
(a) any large work which is being carried on, or
any public amusement, or event at any place is likely to impede the traffic or
to attract a large number of people; or
(b) the behaviour or a reasonable apprehension of
the behaviour of the persons employed on any railway, canal or other public
work, or in or upon any manufactory or other commercial concern under
construction or in operation at any place, necessitates the employment of
additional police at such place;
he may depute such number of additional police to the
said place for so long as the necessity to employ the additional police shall
appear to be expedient.
(2) Subject
to rules, the cost of such additional police shall be borne by the organisers
of such events or employers of such works or concerns, as the case may be, at
rates approved by the appropriate government from time to time.
128. Compensation
for injury caused by unlawful assembly.– When any loss or damage is caused
to any property or when death or grievous hurt is caused to any person or
persons, by anything done in furtherance of the common object of an unlawful
assembly, the trial court may determine the amount of compensation which, in
its opinion should be paid by members of the unlawful assembly to any person or
persons in respect of the loss or damage or death or grievous hurt caused.
129. Recovery
of amount payable under Articles 126 and 127.– Any amount
payable under Article 126 and Article 127 shall be recovered in the same manner
as if it were arrears of land revenue.
130. Recovered
amount to go to treasury.– Amounts payable under Article 126
and Article 127 shall be credited to the treasury.
131. Banning
of use of dress resembling uniform of police or armed forces.–
(1) If Provincial Police Officer or the Capital City Police Officer or City
Police Officer is satisfied that the wearing in public, by any member of any
body, association or organization, of any dress or article of apparel
resembling the uniform worn by police or members of the Armed Forces or any
uniformed force constituted by or under any law for the time being in force, is
likely to prejudice the security of the state or the maintenance of public
order, he may by a special order prohibit or restrict the wearing or display,
in public of any such dress or article of apparel by any member of such body or
association or organization.
(2) Every
order under clause (1) shall be published in the official Gazette.
Explanation.– For the purpose
of clause (1) a dress or article of apparel shall be deemed to have been worn
or displayed in public if it is worn or displayed in any place to which the public
have access.
132. Control of
camps, parades, etc.– If Head of
District Police is satisfied that it is necessary in the interest of
maintenance of public order, he may by a special order prohibit or restrict
throughout the district or any part thereof all meetings and assemblies of
persons for the purpose of training in the use of arms or taking part in any
such camp, parade or procession.
133. Authority
of Head of District Police over the village police.–
Head of District Police shall for the purpose of carrying this Order into
effect, exercise authority and control over village watchmen or village police
officers.
Chapter XV
Responsibilities
of Police
in relation
to Unclaimed Property
134. Police
to make inventory of unclaimed property, etc.– It shall
be the duty of every police officer to take charge and make inventory of any
unclaimed property found by, or made over to him, and furnish a copy of the
inventory to Head of District Police without delay, who shall send a copy of
the same to District Public Safety Commission.
135. Procedure for disposal of unclaimed property.– (1) Where any property has been taken charge of under
Article 134, Head of District Police shall issue a proclamation within fifteen
days in the prescribed manner specifying the articles of which such property
consists and requiring that any person who may have a claim thereto shall
appear before him or some other officer not below the rank of Assistant
Superintendent of Police or Deputy Superintendent of Police especially authorised
in this behalf and establish his claim within three months from the date of
such proclamation.
(2) If
the property, or any part thereof, is subject to speedy and natural decay or if
the property appears to be of the value of less than one thousand rupees, it
may forthwith be disposed off in the prescribed manner under the orders of Head
of District Police and the net proceeds of such sale shall be dealt with in the
manner provided in Articles 136 and 137.
(3) Where
any person who has a claim to the property is required by the proclamation
under clause (1) to appear before an officer authorised by the Head of District
Police and establish his claim, such officer shall forward the record of the
proceedings to the Head of District Police.
(4) Head
of District Police shall follow the directions of the District Public Safety
Commission in disposal of property under clause (3).
136. Delivery
of property to person entitled.– (1) Head of District Police on
being satisfied of the title of any claimant to the possession or
administration of the property specified in the proclamation issued under
clause (1) of Article 135 order the same to be delivered to him.
(2) In
case where there is more than one claimant to the same property the matter
shall be referred by the Head of District Police to the competent court.
137. Disposal
of property, if no claimant appears.– If no person establishes his
claim to such property within the period specified in the proclamation, the
property, or such part thereof as has not already been sold under clause (2) of
Article 135 shall, with the approval of appropriate Public Safety Commission,
be disposed off in the prescribed manner and the proceeds shall be deposited in
the treasury.
Chapter XVI
Offences
and Punishments
138. Causing
mischief in street by animal or vehicle.– No person
shall cause damage, injury, danger, alarm or mischief in any street or public
place by negligent or reckless driving or by driving any vehicle or animal
laden with timber, poles or other unwieldy articles through a street or public
place contrary to any regulation.
139. Causing
obstruction in a street.– No person shall cause obstruction
in any street or public place,---
(a) by allowing any animal or vehicle, which has to
be loaded or unloaded, or take up or set down passengers, to remain or stand in
the street or the public place longer than may be necessary for such purpose;
or
(b) by leaving any vehicle standing or fastening
any cattle in the street or the public place; or
(c) by using any part of a street or public place
as a halting place for vehicles or cattle; or
(d) by causing obstruction in any other manner.
140. Wilful
or negligent conduct in respect of dogs.– No person
shall in any street or public place,---
(a) let loose any dog wilfully or negligently so as
to cause danger, injury, alarm or annoyance; or
(b) suffer a ferocious dog to be at large without a
muzzle; or
(c) set on a dog to attack any person or horse or
other animal.
141. Penalty for offences under Articles 138 to
140.– Any person who contravenes any of
the provisions of Articles 138 to 140 shall, on conviction, be punished with
fine, which may extend to ten thousand rupees, or, in default of payment, with
imprisonment for a term not exceeding thirty days.
142. Suffering
disorderly conduct.– Whoever being the keeper of any
place of public amusement or public entertainment, knowingly permits or suffers
disorderly behaviour or any gambling or any other criminal act, whatsoever, in
such place, shall, on conviction be punished with fine which may extend to ten
thousand rupees.
143. Penalty
for contravening orders, etc. under Article 118.–
Whoever contravenes or abets the contravention of any order made under Article
118 or any of the condition of the licence issued under such regulations shall
on conviction be fined up to ten thousand rupees.
144. Penalties
for contravention of order, etc. under Article 119 and Articles 122 and 123.–
(1) Whoever contravenes, disobeys, opposes or fails to conform to any order
given by a police officer under Article 119, and Article 123 shall, on
conviction, be punished with fine, which may extend to ten thousand rupees.
(2) Whoever
contravenes a notification or an order made under clause (1) of Article 122
shall be punished with imprisonment for a term which shall not be less than
three months but may extend to two years and with fine up to one hundred
thousands rupees.
145. Penalty for contravention of orders under
Articles 131 and 132.– Whoever
contravenes any order made under Article 131 and Article 132 shall, on
conviction, be punished with imprisonment for a term, which may extend to three
years, or with fine up to one hundred thousand rupees, or with both.
146. Penalty
for obtaining employment as a police officer through fraudulent means.–
Any person who makes a false statement or a statement which is misleading in
material particulars or uses a false document for the purpose of obtaining
employment as a police officer shall on conviction be punished with
imprisonment for a term which may extend to one year, or with fine up to fifty
thousand rupees, or with both.
147. Warning
to first offender.– It shall be lawful for Head of
District Police or any other officer authorized by him not below the rank of
Inspector, to request the relevant court to issue in lieu of prosecution, a
warning in writing to the accused in relation to first commission of any
offence mentioned in Articles 138 to 140:---
Provided that for any subsequent
offence mentioned in this Article the offender on conviction will be awarded at
least half of the prescribed punishment.
148. Defiling
water in public wells, etc.– Whoever shall defile or cause to
be defiled water in any public well, tank, reservoir, pond, pool, aqueduct or
part of a river, stream, nullah or other source or means of water
supply, so as to render the same unfit for the purpose for which it is set
apart, shall on conviction be punished with imprisonment for a term which may
extend to six months or with fine which may extend to thirty thousand rupees,
or with both.
149. False
alarm of fire, etc.– Whoever knowingly gives or causes
to be given a false alarm of fire to the fire brigade or to any officer or
fireman thereof shall on conviction be punished with imprisonment for a term
which may extend to three months or with fine which may extend to fifteen
thousand rupees, or with both.
150. Penalty
for contravention of orders made under Article 124.–
Whoever contravenes, or abets the contravention of any order made under Article
124 shall, on conviction, be punished with imprisonment which may extend to
three months, or with fine which may extend to ten thousand rupees or with
both.
151. Penalty
for unauthorized use of police uniform.– If any person not being a member
of the police wears without authorisation, the uniform of police or any dress
having the appearance or bearing any of the distinctive marks of police
uniform, he shall, on conviction, be punished with imprisonment for a term
which may extend to three years, or with fine up to one hundred thousand
rupees, or with both.
152. Penalty
for frivolous or vexatious complaint.– Any person who files a complaint
against the police, which on enquiry by the Police Complaints Authority is held
frivolous or vexatious, shall be punished on conviction with imprisonment for
six months, or with fine, which may extend to fifty thousand rupees, or with
both.
153. Certain
offences to be cognizable.– Notwithstanding anything
contained in the Code, offences falling under Articles 148 to 152 shall be
cognizable.
154. Power
to try offences summarily.– The court trying offences under
this chapter shall have power to try such offences summarily in accordance with
the procedure laid down for summary trial in the Code.
Chapter
XVII
Offences by
and Punishments
for Police
Officers
155. Penalty
for certain types of misconduct by police officers.–
(1) Any police officer who,---
(a) makes for obtaining release from service as
police officer, a false statement or a statement which is misleading in
material particulars or uses a false document for the purpose;
(b) is guilty of cowardice, or being a police
officer of junior rank, resigns his office or withdraws himself from duties
without permission;
(c) is guilty of any wilful breach or neglect of
any provision of law or of any rule or regulation or any order which he is
bound to observe or obey;
(d) is guilty of any violation of duty;
(e) is found in a state of intoxication, while on
duty;
(f) malingers or feigns or voluntarily causes hurt
to himself with the intention to render himself unfit for duty;
(g) is grossly insubordinate to his superior
officer or uses criminal force against a superior officer; or
(h) engages
himself or participates in any demonstration, procession or strike or resorts
to or in any way abets any form of strike or coercion or physical duress to
force any authority to concede anything,
shall,
on conviction, for every such offence be punished with imprisonment for a term
which may extend to three years and with fine.
(2) Prosecution
under this Article shall require a report on writing by an officer authorized
in this behalf under the rules.
156. Penalty
for vexatious entry, search, arrest, seizure of property, torture, etc.–
Whoever, being a police officer,---
(a) without
lawful authority, or reasonable cause, enters or searches or causes to be
entered or searched any building, vessel, tent or place;
(b) vexatiously and unnecessarily seizes the
property of any person;
(c) vexatiously and unnecessarily detains,
searches or arrests any person; or
(d) inflicts torture or violence to any person in
his custody;
shall,
for every such offence, on conviction, be punished with imprisonment for a
term, which may extend to five years and with fine.
157. Penalty
for unnecessary delay in producing arrested persons in courts.–
Any police officer who vexatiously and unnecessarily delays the forwarding to a
court or to any other authority to whom he is legally bound to forward any
arrested person, shall, on conviction, be punished with imprisonment for a term
which may extend to one year and with fine.
Chapter
XVIII
National
Police Management Board
158. Establishment.–
The Federal Government shall establish National Police Management Board.
159. Composition.–
The National Police Management Board shall consist of the following heads of
the police establishments and the Federal Law Enforcement Agencies:---
(a) Provincial
Police Officers of Punjab , Sindh, NWFP and
Balochistan;
(b) Inspectors General of Railways Police, Pakistan
Motorway and Highway Police, Northern Areas and AJK;
(c) Capital City Police Officers of Islamabad,
Lahore, Karachi, Peshawar and Quetta ;
(d) Directors General of Federal Investigation
Agency and Anti Narcotics Force;
(e) Commandants of National
Police Academy and Frontier Constabulary;
(f) Director
General of National Police Bureau (Member Secretary); and
(g) any other member that the Federal Government
may nominate.
160. Functions of the National Police Management
Board.– The National Police Management Board
shall perform the following functions, namely:---
(a) advise
the Federal and Provincial Governments on matters concerning general planning,
development and standardisation of administration, education and training,
gender sensitisation, communications, criminal identification facilities,
criminal statistics and equipment of police and other law enforcement agencies;
(b) identify and arrange research in the areas of
criminology, terrorism, sectarian and ethnic violence, drug trafficking,
organised crime, inter-provincial crime, crime having international dimensions,
etc.;
(c) recommend Federal Government grants to various
police organizations and Federal Law Enforcement Agencies for enhancing their
operational capabilities;
(d) recommend steps for securing inter‑governmental
and inter-agency assistance to ensure a comprehensive and cohesive arrangement
for crime control and internal security;
(e) recommend to the Federal and Provincial
Governments standards of recruitment, appointment, promotions, transfers,
tenure and discipline;
(f) develop standing operating procedures based on
internationally accepted good practices for adoption by the Police and Law
Enforcement Agencies in the country to improve their performance; and
(g) any other duties that the Federal Government
may assign to it.
161. Meeting and conduct of business of the Board.– (1) Normally two meetings shall be held in a year.
Meetings may, however, be convened by the Secretary of the Board on the
requisition by half of the members of the Board.
(2) Quorum
for the meeting will be three quarters of the total membership and no
participation by proxy shall be allowed.
(3) Members
shall attend the meetings as and when required for which at least one month’s
notice, with agenda shall be given.
(4) The
meetings shall be presided over by the senior most member present.
(5) The
Board may invite any expert for consultations.
162. National
Police Bureau.– (1) A National Police Bureau
headed by a Director General not below the rank of Additional Inspector General
of Police shall be established.
(2) The
National Police Bureau shall function as permanent secretariat of the National
Public Safety Commission and the National Police Management Board.
(3) The
Government shall determine the organization of the National Police Bureau and
provide such number of staff as it may determine from time to time.
(4) The
National Police Bureau shall perform research and development functions as
assigned to it by the National Police Management Board and the National Public
Safety Commission.
(5) Perform
such other functions as may be assigned to it by the Government.
(6) The
National Police Bureau as secretariat to the National Public Safety Commission
shall function independently but for all other functions the Bureau shall be
under the Interior Division.
Chapter XIX
Miscellaneous
163. Provision
of advice and assistance to International Organizations etc.–
The Police may provide advice and assistance to an International Organization
or to any other person or body engaged in investigation of criminal cases
outside Pakistan
164. Coordination
by Federal Government.– The Federal Government shall
coordinate for the purpose of efficiency in the police administration among
general police areas falling under the Federal or the Provincial governments.
165. Constitution of Promotion Boards etc.– Subject to rules, promotion of police officers of the
provincial police shall be made on the recommendations of the departmental
promotion committees/promotion boards:---
Provided that the departmental promotion
committees/promotion boards shall be headed by an officer not below the rank
of,---
(a) Assistant Superintendent of Police or Deputy
Superintendent of Police for promotion to the rank of Head Constable;
(b) Superintendent of Police for promotion to the
rank of Assistant Sub-Inspector and Sub-Inspector;
(c) Deputy Inspector General of Police for
promotion to the rank of Inspector.
(d) Additional Inspector General of Police for
promotion to the rank of Deputy Superintendent of Police; and
(e) Inspector General for promotion to the rank of
Superintendent of Police.
166. Criminal
Statistics and reports.– (1) The Provincial Government
shall at such times and in such form as the Federal Government may direct,
transmit statistic and reports to the Federal Government with respect to
officers, offenders, criminal proceedings and the state of law and order in the
Province as the Federal Government may require.
(2) The
Federal Government shall cause a consolidated abstract of the information
transmitted to it under clause (1) to be prepared and laid before the National
Assembly.
(3) The
Federal Government may require a Provincial Government to submit reports on
such matters as may be specified in the requirements on matters connected with
police performance.
(4) A
requirement under clause (3) may specify the form in which a report is to be
submitted.
(5) The
Provincial Government may direct the submission of such reports and returns by
the Provincial Police Officers and other police officers as it may deem proper
and may prescribe the form in which such returns shall be made.
167. Maintenance
of Daily Diary at a police station.– (1) A register of Daily Diary
shall be maintained at every police station in such form as shall, from time to
time, be prescribed and to record therein the names of all complainants,
persons arrested, the offences charged against them, the weapons or property
that shall have been taken from their possession or otherwise, and the names of
the witnesses who shall have been examined.
(2) The
District and Sessions Judge of the district may call for and inspect such
Diary.
168. Citizen Police Liaison Committees.– The Government may establish Citizen Police Liaison
Committees as voluntary, self financing and autonomous bodies, in consultation
with National Public Safety Commission or Provincial Public Safety Commission,
as the case may be, for,---
(a) training and capacity building of Public
Safety Commission;
(b) developing mechanism for liaison between
aggrieved citizens and police for providing relief; and
(c) assistance to Public Safety Commissions,
Police Complaints Authority and the police for the expeditious and judicious
discharge of their duties.
169. Public
Safety Fund.– (1) The Government may, by
notification in the official Gazette, constitute Public Safety Fund at the
Provincial and District levels consisting of,---
(a) Grants made by the Federal Government, the
Provincial Government and the District Governments to the police.
(b) Contributions made in cash or kind by the public
for the improvement of police service delivery to be credited to District
Public Safety Fund.
(2) The
Provincial Government may credit one-half of the sums of the traffic fines to
the Provincial Public Safety Fund.
(3) All
receipts mentioned in sub-clauses (a) and (b) of clause (1) and clause (2) may
be credited to the Provincial or District Public Safety Fund as the case may be
under a Head of Account in the Public Account duly authorised by the Controller
General of Accounts.
(4) The
Fund shall be non-lapsable.
(5) Accounts shall be kept of payments
made into or out of this fund, which shall be audited by the Auditor General at
the end of each financial year.
(6) The
Public Safety Fund at Provincial level shall be operated by the Provincial
Public Safety Commission and at the district level by the District Public
Safety Commission subject to any rules and regulations made under this Order.
(7) The
Public Safety Fund shall be applied for the purpose of,---
(a) improving facilities for public and service
delivery at police stations;
(b) improving traffic police; and
(c) rewarding police officers for good
performance.
170. Officers
holding charge of or succeeding to vacancies competent to exercise powers.–
Wherever in consequence of the office of Head of District Police becoming
vacant, any officer who holds charge of such post or succeeds either
temporarily or permanently to his office under the orders of the competent
appointing authority, such officer shall be competent to exercise all the powers
and perform all the duties respectively conferred and imposed by this Order on
Capital City Police Officer, City Police Officer or District Police Officer.
171. No
police officer to be liable to any penalty or payment of damages on account of
acts done in good faith in pursuance of duty.– No police
officer shall be liable to any penalty or to payment of damages on account of
an act done in good faith in pursuance or intended pursuance of any duty
imposed or any authority conferred on him by any provision of this Order or any
other law for the time being in force or any rule, order or direction made or
given therein.
172. Suits or prosecutions in respect of acts done
under colour of duty not to be entertained if not instituted within the
prescribed period.– In case of
an alleged offence by a police officer, or a wrong alleged to have been done by
him or by any act done under colour of duty or in exercise of any such duty or
authority of this Order or when it shall appear to the Court that the offence
or wrong if committed or done was of the character aforesaid, the prosecution
or suit shall not be entertained, or shall be dismissed, if instituted after
more than six months from the date of the action complained of.
173. Notice
of suit to be given with sufficient description of wrong complained of.–
(1) In the case of an intended suit on account of an alleged wrong referred to
in Article 172 by a police officer, the person intending to sue shall give two
month’s notice as prescribed in section 80 of Civil Procedure Code 1908, of the
intended suit with sufficient description of the wrong complained of.
(2) The
provisions of section 80 of the Civil Procedure Code, 1908, shall mutatis
mutandis apply to the notice referred to in clause (1).
174. Licences
and written permissions to specify conditions, etc.–
Any licence or written permission granted under the provisions of this Order
shall specify the period, locality, conditions and restrictions subject to
which the same is granted and shall be given under the signature of the
competent authority.
175. Revocation
of licence or permission.– Any licence or written permission
granted under this Order may at any time be suspended or revoked by the
competent authority after due notice if any of its conditions or restrictions
is infringed or evaded by the person to whom it has been granted, or if such
person is convicted of any offence in any matter to which such licence or
permission relates.
176. When
licence or permission is revoked, the grantee would be deemed to be without
licence.– When any such licence or written permission is suspended
or revoked, or when the period for which the same was granted has expired, the
person to whom the same was granted shall, for all purposes of this Order, be
deemed to be without a licence or written permission, until the order for
suspending or revoking the same is cancelled, or until the same is renewed, as
the case may be.
177. Grantee
to produce licence and written permission when required.–
Every person to whom any such licence or written permission has been granted,
shall, while the same remains in force, at all reasonable time, produce the
same if so required by a police officer.
178. Public notices how to be given.– Any public notice required to be given under any of
the provisions of this Order shall be in writing under the signature of a
competent authority and shall be published in the locality to be affected
thereby, by affixing copies thereof in conspicuous public places, or by
proclaiming the same with beat of drums, or by advertising the same in local
newspapers in regional languages and English or Urdu, as the said authority may
deem fit, or by electronic media, or by any two or more of these means and by
any other means it may think suitable.
179. Consent
of competent authority how to be proved.– Whenever
under this Order, the doing or the omitting to do anything or the validity of
anything depends upon the consent, approval, declaration, opinion or
satisfaction of a competent authority, a written document signed by the competent
authority purporting to convey or set forth such consent, approval,
declaration, opinion or satisfaction shall be evidence thereof.
180. Signature on notices may be stamped.– Every licence, written permission, notice or other
document, not being a summons or warrant or search warrant, required by this
Order, or by any rule hereunder, to bear the stamp and the signature of Head of
District Police and it shall be deemed to be properly signed if it is a
facsimile of the document bearing his signature.
181. Persons
interested may apply to annul, reverse or alter any rule or order.–
In the case of any rule or order made under an authority conferred by this
Order and requiring the public or a particular class of persons to perform some
duty or act, or to conduct or order themselves or those under their control in
a manner therein described, it shall be competent for any interested person to
apply to the authority issuing such rule or order to annul, reverse or alter
the rule or order aforesaid on the ground of its being unlawful, oppressive or
unreasonable:---
Provided that the appropriate
government shall exercise jurisdiction for revision against such orders.
182. Notification
of rules and regulations in the official Gazette.–
Every rule and regulation made under this Order shall be made by notification
in the official Gazette.
183. Powers
to prosecute under any other law not affected.– Nothing
contained in this Order shall be construed to prevent any person from being
prosecuted under any other law for the time being in force for any offence made
punishable under this Order.
185. Repeal
and savings.– (1) The Police Act, 1861 (V of
1861), hereinafter referred to as the said Act, is hereby repealed:---
Provided that,---
(a) all rules prescribed, appointments made,
powers conferred, orders made or passed, consent, permit, permission of
licences given, summons or warrants issued or served, persons arrested or
detained or discharged on bail or bond, search warrants issued, bond forfeited,
penalty incurred under the said Act shall, so far as they are consistent with
this Order, be deemed to have been respectively prescribed, made, conferred,
given, passed, served, arrested, detained, discharged, forfeited and incurred
hereunder;
(b) all references made to the said Act or in any
law or instrument shall be construed as references to the corresponding
provisions of this Order.
(2) Notwithstanding
the repeal of the said Act, the repeal shall not,---
(a)
affect the validity, invalidity, effect or consequence of anything duly done or
suffered under the said Act;
(b) affect any right, privilege, obligation or
liability acquired, accrued or incurred under the said Act;
(c) affect
any penalty, forfeiture or punishment incurred or inflicted in respect of any
act or offence committed against the said Act;
(d) affect any investigation, legal proceeding or
remedy in respect of any such right, privilege, obligation, liability, penalty,
forfeiture or punishment as aforesaid;
and
any such investigation, legal proceeding or remedy may be instituted, continued
or enforced, and any such penalty, forfeiture or punishment may be imposed, as
if the said Act has not been repealed; and
(e) affect any proceeding pending in any court or
before any authority under the said Act, and any such proceeding and any appeal
or revision arising out of such proceeding shall be continued, instituted or
disposed of, as if the said Act had not been repealed.
186. Existing
police deemed to be constituted under this Order.–
Without prejudice to the provisions contained in Article 185, the police
functioning in the Provinces and in Islamabad Capital
Territory immediately before the commencement of this Order shall
on such commencement be deemed to be police constituted under this Order.
187. Power
to remove difficulties.– (1) If any difficulty arises in
giving effect to the provisions of this Order, the Government may, by
notification in the official Gazette, make such provisions as appear to be
necessary or expedient for removing the difficulty:---
Provided that no such notification
shall be issued after the expiry of two years from the commencement of this
Order.
(2) Every
notification issued under this Article shall be laid before the Parliament or
the Provincial Assembly, as the case may be.
First
Schedule
Senior and
Junior Ranks
[Article 2
(xii) and Article 2 (xxv)]
1. Senior Police Ranks,---
(i) Inspector-General
(ii) Additional Inspector General
(iii) Deputy Inspector General
(iv) Assistant Inspector General/Senior
Superintendent
(v) Superintendent
(vi) Assistant Superintendent/Deputy
Superintendent
2. Junior Police Ranks,---
(i) Inspector
(ii) Sub-Inspector
(iii) Assistant Sub-Inspector
(iv) Head Constable
(v) Constable
Second
Schedule
(Article
24)
Form of
Oath or Affirmation by Members of Police
I
___________________ do hereby swear/solemnly affirm that I shall be faithful
and bear true allegiance to Pakistan and to the Constitution of the Islamic
Republic of Pakistan; that as member of the Police I shall honestly,
impartially and truly serve the people without fear, favour or affection,
malice or ill-will; that I will to the best of my ability, skill and knowledge
discharge, according to law, such functions and duties as may be entrusted to
me as a member of the police and in such a manner as to uphold and protect the
dignity and rights of the citizens; that I shall abide by the principles
contained in the Code of Conduct for police officers.
Third
Schedule
(Article
25)
Certificate
of Appointment
SEAL
No _____________________
Certificate of appointment issued
under Article 25 of the Police Order, 2002, Mr.
__________________________________ has been appointed ____________________ and
is invested with the powers, functions and privileges of a police officer under
Article _______ of Police Order, 2002, in the Capital City District _____/City
District________/District Police/ Area _____________ under the charge of
Provincial Police Officer/ Capital City Police Officer________/City Police
Officer______________ on this day of _________.
Signature_______________
Designation_____________
****
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