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Old Wednesday, March 07, 2012
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Default Police Ordinance 2002

Police Ordinance 2002
GOVERNMENT OF PAKISTAN
Ministry of Law, Justice, Human Rights and Parliamentary Affairs
(Law, Justice and Human Rights Division)
***********
No.F.2(4)/2002-Pub Islamabad, the 14th August, 2002
The following Order promulgated by the Chief Executive
is hereby published for general information:-
CHIEF EXECUTIVE’S ORDER NO. 22 OF 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.
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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
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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.
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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;
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(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.
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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) The recruitment in the police other than ministerial and specialist cadres shall
be in the rank of Constable, Assistant Sub-Inspector and Assistant Superintendent of Police:
Provided that selection for direct recruitment in the rank of Assistant Sub-
Inspector shall be through the appropriate Public Service Commission and shall not
exceed twenty-five percent of total posts in that rank:
Provided further that 25% of the quota for departmental promotions to the
rank of Assistant Sub-Inspector shall be filled, subject to rules, through selection by
the appropriate Public Service Commission from graduate Constables or Head
Constables of clean record.
(4) The recruitment in the rank of Assistant Superintendent of Police shall be
through the Federal Public Service Commission on all Pakistan basis.
(5) The recruitment in the rank of Constable and Assistant Sub-Inspector shall be
on the basis of the district of domicile which for all service matters shall be their
administrative unit up to the rank of Deputy Superintendent of Police and only such officers
shall be posted to their district of domicile for field assignments. There will be no such bar on
the posting of officers of other districts for investigation, traffic, security, reserve, and
intelligence duties. Subject to rules, Inspectors and Deputy Superintendents of Police shall be
promoted on the basis of provincial seniority.
(6) Every police officer while on police duty shall have all the powers and
privileges of a police officer throughout Pakistan and be liable to serve at any time in any
branch, division, bureau and section.
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.
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(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 incharge
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.
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(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.
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(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
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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 Inspector 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.
18. Posting of head of investigation. - (1) The head of investigation in a general Police
area other than the Capital City District or the City District shall be of the rank of Additional
Inspector General of Police.
(2) The head of investigation in a Capital City District or City District shall not be
below the rank of Senior Superintendent of Police.
(3) The head of investigation in a District shall not be below the rank of
Superintendent of Police and shall be responsible to his own hierarchy subject to general
control of the District Police Officer.
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(4) All registered cases shall be investigated by the investigation staff in the
district under the supervision of the head of investigation:
Provided that the Government may, by a special or general order, may entrust
investigation of offences under Local and Special Laws as defined in the Pakistan
Penal Code and punishable with imprisonment for a term not exceeding three years
with or without any other punishment, to the police station staff.
(5) The District Police Officer shall not interfere with the process of investigation.
The head of investigation shall however keep the District Police Officer informed of the
progress of all cases which have a bearing on public order. The District Police Officer shall
provide full support to the Head of investigation in the performance of his duties.
(6) Investigation shall not be changed except after due deliberations and
recommendations by a board headed by an officer not below the rank of Senior
Superintendent of Police and two Superintendents of Police, one being in-charge of the
investigation of the concerned district:
Provided that the final order for the change of investigation shall be passed by
head of investigation in the general police area who shall record reasons for change of
such investigation:
Provided further that the second change of investigation may only be allowed
with the approval of the Provincial Police Officer, or the Capital City Police Officer,
as the case may be.
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;
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(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 coterminus 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 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 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.
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(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;
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(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.
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(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 malafide, 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 malafide order issued by any authority, the Head of
District Police shall seek recourse to the appropriate Public Safety Commission whose
decision shall prevail.
16
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.
17
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;
18
(g) has been dismissed, removed or compulsorily retired from the service of
Pakistan on grounds of corruption or any other form of misconduct;
(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 and its people, and the good order and
harmony of society.
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 malafide 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.
19
(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.
20
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 and its people, and the good order
and harmony of society;
(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.
21
(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.
22
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; or
(e) holds an office of profit in the service of Pakistan; or
(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 and its people, and the good order
and harmony of society.
23
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 malafide 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;
24
(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;
25
(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 and its people, and the good order
and harmony of society;
(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 twothird
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.
26
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.
27
(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; or
(e) holds an office of profit in the service of Pakistan; or
(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 and its people, and the good order
and harmony of society.
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:
28
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 malafide 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 with in 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
29
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 and its people, and the good order
and harmony of society;
(h) brings the Islamabad Public Safety Commission into disrepute;
(i) fails to attend its three consecutive meetings without any reasonable cause.
30
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.
31
(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 exofficio
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;
32
(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 and its people, and the good order
and harmony of society.
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 malafide
orders or directions from any authority to any functionary of the police
through-out 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:
33
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
34
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;
35
(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 and its people, and the good order
and harmony of society;
(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.
36
(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 any-thing 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.
37
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 on grounds of corruption or any other form of misconduct;
(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 and its people, and the good order
and harmony of society.
38
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;
39
(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.
40
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 and its people, and the good order
and harmony of society;
(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.
41
(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;
42
(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.
43
(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;
44
(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.
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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.
46
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 offduty,
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.
47
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 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
48
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 of 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.
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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 any thing 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.
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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
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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 place52
(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
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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.
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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;
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(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
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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.
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(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 with the permission of the
Government.
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 officers 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.
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(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.
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(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).
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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, 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
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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.
184. Power to amend. – Without prejudice to the power of the Federal Government to
amend this Order, any Provincial government may, with the approval of the Chief Executive
of the Islamic Republic of Pakistan, amend, vary or modify any provision of this Order
relating to the Province on the basis of its specific requirements and circumstances.
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;
62
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.
63
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
64
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.
65
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_____________
______
General
Pervez Musharaf
Chief Executive of the
Islamic Republic of Pakistan,
And Chief of Army Staff.
Mr. Justice
(Mansoor Ahmed)
Secretary.
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Gist of Police Order 2002
Objective to improve performance of police and ease access to justice and end of corruption
Compartmentalization of Police into different departments like special branch, investigation branch, telecom branch etc… 10 to 12 divisions
Separation of Investigation from Ward and Watch (Law and Order)
Not practically implemented except few cities like Lahore, Faisalabad,
Investigation will be looked by SSP Investigation and Ward and Watch will be looked by DPO
Investigation Officer will not be changed till the end of the case until the Investigation Board (comprising three SP’s) allow,
Previously the SHO can also change the investigation officer on asking of the parties that the officer is not competent or impartial so change him
Public Complaint Cell ( to have a check on police) will be setup from district level to upward in which other than police officer will hear the complaints, to facilitate the people if they were having any complaints against any police department or officer….. till now it is not implemented so not functional,
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game on (Thursday, March 08, 2012), Gulrukh (Sunday, March 11, 2012), redmax (Wednesday, March 07, 2012), Riaz Ahmed Alizai (Wednesday, March 07, 2012), TheUniter (Friday, February 22, 2013)
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Old Friday, February 22, 2013
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@all

Can anybody indicate where can i get Police Act 1861 and its comparison with Police order 2002 from?

Regards
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Quote:
Originally Posted by TheUniter View Post
@all

Can anybody indicate where can i get Police Act 1861 and its comparison with Police order 2002 from?

Regards
it would be available in police rules 1934 or major acts.
regards.
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Quote:
Originally Posted by meritoriousme View Post
it would be available in police rules 1934 or major acts.
regards.
pl quote its source on net? i mean website?
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