PROVINCIAL ASSEMBLY OF SINDH NOTIFICATION
KARACHI, THE 2ND JANUARY, 2012.
NO.PAS/Legis-B-32/2011- The Sindh
Criminal Prosecution Service
(Constitution, Functions and
Powers) (Amendment) Bill, 2011 having been passed by the Provincial Assembly of Sindh on
21st December, 2011 and assented to by the Governor of Sindh on 1st January, 2012 is hereby
published as an Act of the Legislature of Sindh.
THE SINDH CRIMINAL PROSECUTION SERVICE (CONSTITUTION, FUNCTIONS AND
POWERS) (AMENDMENT) ACT, 2011.
SINDH ACT NO. I OF 2012.
AN ACT
to amend
the Sindh Criminal
Prosecution Service (Constitution, Functions and Powers) Act,
2009.
Preamble.
WHEREAS
it is expedient
to amend
the Sindh Criminal Prosecution Service (Constitution, Functions and
Powers)
Act,
2009,
in
the
manner
hereinafter appearing;
It is hereby enacted as follows :-
1. Short
title and commencement.
(1) This Act may
be
called
the
Sindh
Criminal
Prosecution
Service
(Constitution, Functions and Powers) (Amendment) Act, 2011.
(2) It shall come into force at once.
2. In the Sindh Criminal Prosecution Service (Constitution, Functions and
Powers) Act, 2009 -
(i) Amendment
in
section 5 of Sindh Act No.
IX
of 2010.
For
section 5, the following shall be substituted:-
“ (1) Notwithstanding any judgment of any court including
the Supreme Court or High Court, the Government
shall exercise exclusive
superintendence over the service to ensure
achievement of the objectives of this Act.
(2) The administration of the service
shall vest in Government.
(3) A Prosecutor General, a Public
Prosecutor,
an
Additional
Prosecutor General, a Deputy Prosecutor General, an Assistant Prosecutor General, a District Public Prosecutor, a Deputy District
Public Prosecutor and an Assistant Public Prosecutor
shall perform their functions under the control and administration of Government.
(ii) Amendments in section 6 of
Sindh Act No.IX of 2010.
In section 6 –
(i) for
sub-section(1), the following shall be substituted:-
“(1) Government shall appoint a Prosecutor General,
on such terms and conditions, as
may be determined by Government.
(ii) for
sub-section (3), the following
shall be substituted:-
“(3) The Prosecutor General shall hold office for a non
extendable period of three years.”.
(iii) Amendment in section 7 of Sindh Act No.IX of 2010.
In section
7, for clause (a), the following shall be substituted:-
“(a) is or was qualified
to be appointed as Judge of High Court or has
for a
period of, or for the periods aggregating, not less than ten years, been an Advocate
of the High Court.”.
(iv) Omission of section 18 of Sindh Act No.IX of 2010
Section 18 shall be deleted.
BY ORDER OF THE SPEAKER PROVINCIAL ASSEMBLY OF SINDH
PROVINCIAL ASSEMBLY OF SINDH
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