THE PUNJAB ANTI
CORRUPTION ESTABLISHMENT ORDINANCE, 1961
( XX OF
1961)
[8th September,
1961]
An
Ordinance
to provide for the
constitution of a special agency for the investigation of certain offences
relating to corruption by public servants and for holding preliminary inquiries
against such servants in Punjab.
Preamble.— Whereas it is expedient to
provide for the constitution of a special agency for the investigation of
certain offences relating to corruption by public servants and for holding
preliminary inquiries against such servants in Punjab;
Now,
therefore, in pursuance of the presidential Proclamation of the seventh day
of
October, 1958, and having received the previous instructions
of the President, the Governor of West Pakistan is pleased, in exercise of all
powers enabling him in that behalf, to make and promulgate the following
ordinance:-
1.
Short title
and extent.— (1) This ordinance may be called the Punjab Anti Corruption
Establishment 1961.
(2)
It extends to the whole of the Province of Punjab,
except the Special Areas.
2.
Definitions.—
In this Ordinance, unless the context otherwise requires, the following
expression shall have the meanings hereby respectively assigned to them, that
is to say:-
(i)
“Establishment”
means the Anti Corruption Establishment constituted under
section 3;
(ii)
“Director
General” means the Anti Corruption Establishment appointed under section 4;
(iii)
“Government”
means the Government of Punjab;
(iv)
“Public servant”
means a public servant as defined in section 21 of the Pakistan Penal Code; and
(v)
“Schedule”
means the Schedule appended to this Ordinance.
3.
Constitution
and powers of Anti-Corruption Establishment.— (1) Not withstanding anything
contained in any other law for the time being in force, Government may
constitute an establishment to be known as Anti Corruption Establishment for
the investigation of offences set forth in the Schedule, and for holding
preliminary inquiries for determing whether such offences shall be investigated
or departmental inquiries into the conduct of any public servant concerned in
such offences shall be held;
Ordinance viii of 1948 - - Provided
that nothing contained in this Ordinance shall affect the provisions of
subsection (2) of section 2 of the Pakistan Special Police Establishment
Ordinance, 1948.
(2)
The Establishment shall consist of a Director General
and such number of officers and such members as may be determined by
Government.
(3)
Subject to the provision of section 4, the pay and
other conditions of service of the Director General, officers and members of
the Establishment shall be such as may be determined by Government.
(4)
Subject to any orders or rules which Government may
make in this behalf, the Director General, officers and members of the Establishment
shall for the purpose of any preliminary enquiry or investigation under this
Ordinance have throughout the Province of Punjab all the powers of search,
arrest of persons and seizure of property and all other powers, duties,
privileges and liabilities which a police officer has or is subject to in
connection with the investigation of offences under the Code of Criminal
Procedure, 1898.
(5)
Subject to any orders of Government in this behalf an
officer of the Establishment of or above the rank of a Sub-Inspector may in
relation to the offences mentioned in the Schedule, exercise any of the powers
of the officer in charge of a police
station within the meaning of clause (p) of subsection (1) of section 4 of the
code of Criminal procedure, 1898 in the area in which he is for the time being
posted, and incharge of a police station discharging the functions of such an
officer within the limits of this station.
4.
Superintendence
and general control.— (1) Government shall appoint a person to discharge
the functions and perform the duties of Director General under this Ordinance.
(2)
Subject to such orders as Government may make, the
superintendence and general control of the Establishment shall vest in Director
General.
(3)
The Director General shall exercise, in respect of
officer and men belonging to the police Force and serving in the Establishment,
all the powers exercisable by an Inspector-General of Police in respect of the
Police Force in the Province.
5.
Bar to Legal
Proceedings.— No suit or Legal proceedings shall lie against Government or
the Director General, or any other officer or member of the Anti Corruption
Establishment in respect of anything in good faith done or intended to be done
under this Ordinance.
6.
Power to
make rules.— (1) Government may make rules for carrying out the purposes of
this Ordinance.
(2)
In particular and without prejudice to the generality
of the foregoing power such rules may provide for the organization of the
Establishment and for prescribing the authorities with whose permission
investigation of any case or class of cases may be commenced or any person may
be arrested.
7.
Repeal.— The
Sind Prevention of Bribery and Corruption Act (xxiv of 1950) is hereby
repealed.
8.
Provisions
not in derogation of any other law.— The provisions of this Ordinance are
in addition to and not in derogation of any other law for the time being in
force.
SCHEDULE
( Section
3)
(a)
Offences Punishable under sections 161 to 169, 217 and
218 of the Pakistan Penal Code and as attempts, abetments and conspiracies in
relation thereto or connected therewith.
(b)
Offences punishable under sections
186,188,189,201,332,353,379 to 382,403 to 409, 411 to 420,465, to 468,471 and
477-A of the Pakistan Penal Code, and as attempts, abetments and conspiracies
in relation thereto or connected there with, when committed by any public
servant as such, or by any person acting jointly with or abetting or attempting
to abet or acting in conspiracy with any public servant as such; and
(c)
Offences punishable under the Prevention of Corruption
Act, 1947 and as attempts, abetments and conspiracies in relation thereto or
connected therewith.
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