ORDINANCE 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 West Pakistan

No. Leg. 3 (20)/61.-The following Ordinance by the Governor of West Pakistan is hereby published for general information :—–

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 West Pakistan ;

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 West Pakistan Anti-Corruption Establishment Ordinance, 1961.
(2) It extends to the whole of the Province of West Pakistan, except the Special Areas.

2. Definitions.-In this Ordinance, unless the context otherwise requires, the following expressions 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” means the Director of the Anti-Corruption Establishment appointed under section 4 ;
(iii) “Government” means the Government of West Pakistan ;
(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 the Anti-Corruption Establishment. (1) Notwithstanding anything contained in any other law for the time being In force, Government may constitute an establishment to be known as the Anti-Corruption Establishment, for the investigation of Offences set forth fn the Schedule, and for holding preliminary inquiries for determining whether such offences shall be investigated or departmental inquiries Into the conduct of any public servant concerned in such offences shall be held;
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 and such number of officers and members as may be determined by Government.
(3) Subject to the provisions of section 4, the pay and other conditions of service of the Director, 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, officers and members of the Establishment shall, throughout the Province, in relation to the investigation of offences mentioned in the Schedule and the arrest of persons involved in such offences, have all the powers, perform all the duties, possess all the privileges and be subject to all the 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, any 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 when so exercising such powers shall be deemed to be an officer-in-charge of a police-station discharging the functions of such an officer within the limits of his station.

4. Superintendence and general control.-(1) Government shall appoint a person to discharge the functions and perform the duties of Director under this Ordinance.
(2) Subject to such orders as Government may make, the superintendence and general control of the Establishment shall vest in the Director.
(3) The Director shall exercise, in respect of officers 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, 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, 1950, is hereby repealed.

8. Provisions not in derogation of any other law.-The provisions of this Ordinance are in addition to and not to derogation of any other law for the time being in force.

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