PUNJAB ANTI-CORRUPTION ESTABLISHMENT RULES, 1985

 1 THE PUNJAB ANTI-CORRUPTION ESTABLISHMENT RULES, 1985

No. SV-13/1/85 Dated the 28th March, 1985

NOTIFICATION

In exercise of the powers conferred upon him by Section 6 of the Punjab Anti-Corruption Establishment Ordinance, 1961 (West Pakistan Ordinance XX of 1961) and in supersession of the West Pakistan Anti-Corruption Establishment Rules, 1974, the Governor of the Punjab is pleased to make the following Rules, namely:-

1. Short title and commencement.-- (1) These Rules may be called the Punjab Anti-corruption Establishment Rules, 1985.

(2) They shall come into force on a day to be notified by the Government.

2. Definitions – (1) in these rules unless the subject or context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say-

(a) [Director]1 means the Director of the Establishment of the Region or posted in the Directorate of Establishment as [Additional Director General]2;

(b) ‘Assistant Director’ means the Assistant Director of the Establishment;

bb. [ Chief Minister’ means the Chief Minister of the Punjab]3;

(c) ‘Chief Secretary’ means the Chief Secretary to the Government of the Punjab;

(d) ‘Circle Officer’ means the officer so posted by the Establishment as Circle Officer in the District;

(e) ‘Competent Authority’ means the authority to accord permission either to hold an enquiry or to order registration of criminal case or drop the case after investigation or decide departmental action under these rules;

(f) ‘Deputy Director’ means the Deputy Director of the Establishment;

(g) [Director General]4 means the [Director General]4 of the Establishment;

(h) [Deleted]5,6

(i) ‘Establishment’ means Anti-Corruption Establishment Punjab;

(j) ‘Ex-officio Additional Director’ and ‘Ex-officio Assistant Director’ means officer of the Administrative Department notified by the Government as such, and Ex-officio Deputy Director means the [District Coordination Officer]7 of the District [Government]8;

1&2 - Substituted for the words ‘Additional Director’ and “ Additional Director (HQ) respectively vide order No. SOEII(S&GAD)3-16/96/PT-II dated September, 2007 of S&GAD.

3 - Inserted vide Notification No.SV.13-1/85 dated: 27.03.1986 of S&GAD.

4 - Substituted for the word “Director” vide Notification No. PAP-Legis-2(21)/05 /739 dated 09.07.2005 (The Punjab ACE amendment Act 2005)

5 –Substituted the word “District” for the word ‘Divisional’ vide Notification No.SV.13-1/85 dated: 27.03.1986 of S&GAD.

6 – Deleted vide Notification No. SOEII(S&GAD)16-28/2000 dated: 29.10.2001 of S&GAD.

7 – Substituted for the word ‘Deputy Commissioner’ vide Notification No. SOEII(S&GAD)16-28/2000 dated: 29.10.2001 of S&GAD.

8 – Inserted vide Notification No. SOEII(S&GAD)16-28/2000 dated: 29.10.2001 of S&GAD. 2

(k) ‘Government’ means Government of the Punjab;

(l) [Omitted]1;

(m) ‘Head of Attached Department’ means an Officer Incharge of a department declared as such by the Government;

(n) ‘Ordinance’ means the Punjab Anti-Corruption Establishment Ordinance 1961 (West Pakistan Ordinance No. XX of 1961);

(o) ‘Provincial Anti-Corruption Committee’ means the committee constituted under Rule 21 of these Rules; and

(p) ‘Region’ means an area under the [Director]2.

2. The expressions used but not defined in these Rules and defined in the Ordinance shall have the same meanings as are assigned to them in the Ordinance.

3. Area of Jurisdiction of ex-officio Deputy Director and Additional Director.-- The area of jurisdiction of Ex-officio Deputy Director shall be the district of his posting while that of ex-officio Additional Director shall be over his department and attached department in which he shall be assisted by the ex-officio Assistant Directors.

4. The ex-officio Additional Director and ex-officio deputy Director shall only deal with the category of cases which may be assigned to them by the Government from time to time by notification.

5. (1) After the preliminary enquiry, if the ex-officio Additional Director or ex-officio Deputy Director finds that--

(a) There is no ground to proceed further in the matter, the proceeding shall be dropped after recording reasons, and the complainant if any, shall be informed;

(b) There are reasonable grounds to proceed further in the matter, he shall refer the case along with relevant record to the appointing authority of the accused public servant for departmental proceedings under the Efficiency & Discipline Rules.

(2) If the ex-officio Additional Director or ex-officio Deputy Director receives a complaint or gets information through reliable source regarding a serious case which does not fall within the category of the notification issued under Rule 4, he shall refer the same to the [Director General]3.

(3) If a case is referred under sub rule (2), the [Director General]3 after examining the same may return the same to the concerned ex-officio Additional Director, ex-officio Deputy Director who shall deal with the same under these rules.

1 - Omitted vide Notification No. SO(E&AC)4-143 dated: April 1989.

2. Substituted for the word ‘Additional Director’ vide order No. SOEII(S&GAD)3-16/96/PT-II dated September, 2007 of S&GAD.

3 - Substituted for the word “Director” vide Notification No. PAP-Legis-2(21)/05 /739 dated 09.07.2005 (The Punjab ACE amendment Act 2005) 3

6. Preliminary Enquiries and investigations against public servants.-

Preliminary enquiries and investigations shall be initiated by the Establishment against public servants on complaints received from the Government, Heads of Departments or other reliable sources.

7. Initiation of preliminary enquiries against public servants.--

A Deputy Director or an officer of or above his rank shall initiate preliminary enquiries in order to ascertain the identity of the complainant or informer and genuineness of the complaint / information.

Provided that the enquiry against the [District Coordination Officers]1 of [District Governments]2, Secretaries to the Provincial Government, Heads of Attached Departments and other officers of BPS-20 and above, shall be initiated by the [Director General]3 with the prior permission of the [Chief Minister]4.

Provided further that for those officer mentioned in the first proviso who are in BPS-19, such permission shall be accorded by the Chief Secretary;

[Provided further that the Director General may, without such permission, contact the complainant or the informer in order to ascertain his identity and the evidence available with him, if any, in support of the complaint.]5

8. Registration of Case.--

1) Criminal cases shall be registered by the Establishment under Prevention of Corruption Act, 1947 and under such sections of the Pakistan Penal Code, as have been set forth in the schedule to the Ordinance.

2) Criminal cases shall be registered against accused public servants under the written orders of officers of Establishment mentioned below:- (a) Public Servants in BPS-1-16	Not below a Deputy Director.
(b) Public Servants in BPS-17 and 18	Not below a [Director]6
(c) Public Servants in BPS-19 and above.	[Director General]3.