Police Order 2002 With Act 2013
Police Order 2002 With Act 2013
HEADING
1.
2.
CHAPTER I
PRELIMINARY
Short title, extent and commencement.
Definitions.
3.
4.
5.
CHAPTER II
RESPONSIBILITIES AND
DUTIES OF THE POLICE
Attitude and responsibilities of police towards the public.
Duties of police.
Emergency duties of police with regard to essential services.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
18A.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
CHAPTER III
CONSTITUTION AND ORGANIZATION
OF THE POLICE
Separate police establishment for each general police area.
Constitution of police.
Police to be organized on functional basis.
Superintendence of police.
Administration of the police.
Posting of Provincial Police Officer, Capital City Police Officer and Head of Federal Law
Enforcement Agency.
Term of office of Provincial Police Officer, Capital City Police Officer and Head of a Federal
Law Enforcement Agency.
Posting of Additional Inspectors General of Police.
Appointment of experts.
Posting of City Police Officer and District Police Officer.
Administration of police in a district.
Posting of Deputy Inspector General, Senior Superintendent, Superintendent, Assistant
Superintendent, Deputy Superintendent.
Separation of investigation function.
Transfer of investigation.
Appointment of Director of Police Communications etc.
Posting of heads of police training institutions.
Constitution of regions and divisions etc.
Transfer to other police establishment.
Appointment of junior ranks.
Oath or affirmation by members of police.
Certificate of appointment.
Suspension of police officer.
General powers of Provincial Police Officer etc.
Powers of Provincial Police Officer, Capital City Police Officer and City Police Officer
concerning police accounts.
Appointment of special police officers.
30.
31.
32.
33.
34.
35.
36.
Policing Plan.
Relationship of District Police with Zila Nazim etc.
Police support to Government functionaries, etc.
Responsibility on complaints of neglect and excesses by police.
Reference to Police Complaints Authority.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
CHAPTER V
DISTRICT PUBLIC SAFETY COMMISSION
Establishment.
Composition.
Appointment of Chairperson.
Meeting in the absence of the Chairperson.
Selection of independent members.
Functions of the Selection Panel.
Selection criteria of independent members.
Functions of the District Public Safety Commission.
Terms of members of the District Public Safety Commission.
Removal of members.
Meetings and conduct of business of the District Public Safety Commission.
Secretariat.
CHAPTER VI
CAPITAL CITY DISTRICT PUBLIC
SAFETY COMMISSION
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
Establishment.
Composition.
Appointment of Chairperson.
Meeting in the absence of the Chairperson.
Selection of independent members.
Functions of the Selection Panel.
Selection criteria of independent members.
Functions of the Capital City District Public Safety Commission.
Terms of members of the Capital City District Public Safety Commission.
Removal of members.
Meetings and conduct of business of the Capital City District Pubic Safety Commission.
Secretariat.
CHAPTER VII
ISLAMABAD DISTRICT PUBLIC
SAFETY COMMISSION
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
72.
Establishment.
Composition.
Appointment of Chairperson.
Meeting in the absence of the Chairperson.
Selection of independent members.
Functions of the Selection Panel.
Selection criteria of independent members.
Functions of Islamabad District Public Safety Commission.
Terms of members of the Islamabad District Public Safety Commission.
Removal of members.
Meetings and conduct of business of the Islamabad District Public Safety Commission.
Secretariat.
73.
74.
75.
76.
77.
78.
79.
80.
81.
82.
83.
84.
CHAPTER VIII
THE PROVINCIAL PUBLIC SAFETY COMMISSION
Establishment.
Composition.
Appointment of Chairperson.
Meeting in the absence of the Chairperson.
Selection of independent members.
Functions of the Selection Panel.
Selection criteria of independent members.
Functions of the Provincial Public Safety Commission.
Terms of members of the Provincial Public Safety Commission.
Removal of members.
Meetings and conduct of business of the Provincial Public Safety Commission.
Secretariat.
CHAPTER IX
THE NATIONAL PUBLIC
SAFETY COMMISSION
85.
Establishment.
86.
87.
88.
89.
90.
91.
92.
93.
94.
95.
96.
Composition.
Appointment of Chairperson.
Meeting in the absence of the Chairperson.
Selection of independent members.
Functions of the Selection Panel.
Selection criteria of independent members.
Functions of the National Public Safety Commission.
Terms of members of the National Public Safety Commission.
Removal of members.
Meetings and conduct of business of the National Public Safety Commission.
Secretariat.
97.
98.
99.
100.
101.
102.
103.
104.
105.
106.
107.
108.
CHAPTER X
POLICE COMPLAINTS AUTHORITIES
Establishment of Federal Police Complaints Authority.
Composition.
Criteria and terms of the members.
Functions of the Federal Police Complaints Authority.
Secretariat.
Removal of the members.
Establishment of Provincial Police Complaints Authority.
Composition.
Criteria and terms of the members.
Functions of the Provincial Police Complaints Authority.
Secretariat.
Removal of the members.
CHAPTER XI
CRIMINAL JUSTICE COORDINATION
COMMITTEE
109.
110.
111.
Establishment.
Composition.
Functions of the Criminal Justice Coordination Committee.
112.
113.
114.
115.
116.
117.
CHAPTER XII
REGULATION, CONTROL AND
DISCIPLINE OF THE POLICE
Rule making by Provincial Police Officer or Islamabad Capital City Police Officer.
Punishments.
Code of Conduct.
Police officer at any time liable to be called for duty.
Withdrawal from duty and resignation, etc.
Police officer not to engage in any other employment.
118.
119.
120.
121.
122.
CHAPTER XIII
POWERS TO ISSUE ORDERS
Power to issue orders.
Power to give direction to the public.
Regulation of public assemblies and processions and licensing of same.
Powers with regard to assemblies and processions violating the conditions of licence.
Power to prohibit certain acts for prevention of disorder.
123.
124.
125.
126.
127.
128.
129.
130.
131.
132.
133.
CHAPTER XIV
SPECIAL MEASURES FOR MAINTENANCE OF
PUBLIC ORDER AND SECURITY
Employment of additional police to keep peace.
Employment of additional police at the cost of organizers, etc.
Compensation for injury caused by unlawful assembly.
Recovery of amount payable under Articles 126 and 127.
Recovered amount to go to treasury.
Banning of use of dress resembling uniform of police or armed forces.
Control of camps, parades, etc.
Authority of Head of District Police over the village police.
134.
135.
136.
137.
CHAPTER XV
RESPONSIBILITIES OF POLICE
IN RELATION TO UNCLAIMED PROPERTY
Police to make inventory of unclaimed property, etc.
Procedure for disposal of unclaimed property.
Delivery of property to person entitled.
Disposal of property, if no claimant appears.
138.
139.
140.
141.
142.
143.
144.
145.
146.
147.
148.
149.
150.
151.
152.
153.
154.
CHAPTER XVI
OFFENCES AND PUNISHMENTS
Causing mischief in street by animal or vehicle.
Causing obstruction in a street.
Wilful or negligent conduct in respect of dogs.
Penalty for offences under Articles 138 to 140.
Suffering disorderly conduct.
Penalty for contravening orders, etc. under Article 118.
Penalties for contravention of order, etc. under Article 119 and Articles 122 and 123.
Penalty for contravention of orders under Articles 131 and 132.
Penalty for obtaining employment as a police officer through fraudulent means.
Warning to first offender.
Defiling water in public wells, etc.
False alarm of fire, etc.
Penalty for contravention of orders made under Article 124.
Penalty for unauthorized use of police uniform.
Penalty for frivolous or vexatious complaint.
Certain offences to be cognizable.
Power to try offences summarily.
155.
156.
157.
CHAPTER XVII
OFFENCES BY AND PUNISHMENTS
FOR POLICE OFFICERS
Penalty for certain types of misconduct by police officers.
Penalty for vexatious entry, search, arrest, seizure of property, torture, etc.
Penalty for unnecessary delay in producing arrested persons in courts.
158.
159.
160.
161.
162.
CHAPTER XVIII
NATIONAL POLICE MANAGEMENT BOARD
Establishment.
Composition.
Functions of the National Police Management Board.
Meeting and conduct of business of the Board.
National Police Bureau.
163.
164.
165.
166.
167.
168.
169.
170.
171.
172.
173.
174.
175.
176.
177.
178.
179.
180.
181.
182.
183.
184.
185.
186.
187.
CHAPTER XIX
MISCELLANEOUS
Provision of advice and assistance to International Organizations etc.
Coordination by Federal Government.
Constitution of Promotion Boards etc.
Criminal Statistics and reports.
Maintenance of Daily Diary at a police station.
Citizen Police Liaison Committees.
Public Safety Fund.
Officers holding charge of or succeeding to vacancies competent to exercise powers.
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.
Suits or prosecutions in respect of acts done under colour of duty not to be entertained if not
instituted within the prescribed period.
Notice of suit to be given with sufficient description of wrong complained of.
Licences and written permissions to specify conditions, etc.
Revocation of licence or permission.
When licence or permission is revoked, the grantee would be deemed to be without licence.
Grantee to produce licence and written permission when required.
Public notices how to be given.
Consent of competent authority how to be proved.
Signature on notices may be stamped.
Persons interested may apply to annul, reverse or alter any rule or order.
Notification of rules and regulations in the official Gazette.
Powers to prosecute under any other law not affected.
[Omitted].
Repeal and savings.
Existing police deemed to be constituted under this Order.
Power to remove difficulties.
FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE
1.
2002.
CHAPTER I
PRELIMINARY
Short title, extent and commencement. (1) This Order may be called the Police Order,
(2)
It extends to the whole of Pakistan.
(3)
It shall come into force at once 2[except in the Islamabad Capital Territory where
it shall come into force on the date the local government assume office in the said territory.]
2.
Pursuant to proclamation of Emergency of 14 October 1999, and the Provisional Constitution Order No.1 of 1999, as amended, and in exercise
of all powers enabling him in that behalf, the Chief Executive of the Islamic Republic of Pakistan, made and promulgated this Order which was
published in the Gazette of Pakistan (Extraordinary) dated 14 August 2002, pages 945-1022.
2
Inserted by the Police (Amendment) Order 2002 (Chief Executives Order No.36 of 2002), dated 13 November 2002, effective from 14 August
2002.
(vi)
(vii)
(viii)
(ix)
(x)
(xi)
(xii)
(xiii)
(xiv)
(xv)
(xvi)
(xvii)
(xviii)
(xix)
(xx)
(xxi)
(xxii)
(xxiii)
(xxiv)
(xxv)
(xxvi)
(xxvii)
(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.
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;
(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;
Substituted by the Punjab Police Order (Amendment) Act 2013 (XXI of 2013).
Inserted ibid.
5
(5)
[*
*
*
*
*
*
*
*
*
*
*]
(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.
(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.
(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
5
Omitted by the Punjab Police Order (Amendment) Act 2013 (XXI of 2013).
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.
(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 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 Inspectors 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.
6
[18. Separation of investigation function. (1) There shall be separation of investigation from
other functions of the Police.
(2)
Subject to clause (3), the District Investigation Branch shall investigate, under the
supervision of the Head of District Investigation Branch, all cases registered in the District.
(3)
The Provincial Police Officer may notify the offences which shall be investigated by
the investigation officer in the police station under the supervision of the officer-in-charge of the
police station and if an offence in a case is required to be investigated by the District Investigation
Branch then the entire case shall be investigated by the District Investigation Branch.
(4)
The District Investigation Branch, other than in the Capital City District or a City
District, shall be headed by a police officer not below the rank of a Superintendent of Police and
shall consist of such other police officers as the Provincial Police Officer may determine.
(5)
In the Capital City District and a City District, the District Investigation Branch
shall be headed by a police officer not below the rank of Deputy Inspector General of Police and
Senior Superintendent of Police respectively and shall consist of such other police officers as the
Provincial Police Officer may determine.
(6)
In order to institute functional specialization in each District, the Provincial Police
Officer shall determine the investigation organization and jurisdictions, as and when required, at
the level of the District, City District, Capital City District or a division within a City District or
the Capital City District.
(7)
The members of District Investigation Branch shall not form part of any police
station and, as far as possible, the District Investigation Branch shall comprise several
specialized wings, each wing being responsible for investigation of one or more types of cases.
(8)
The Head of District Investigation Branch shall be directly responsible to the
Head of District Police.
6
Substituted by the Punjab Police Order (Amendment) Act 2013 (XXI of 2013).
(9)
The supervisory officers
(a) shall ensure timely completion and verification of investigation; and
(b) may summon the investigation officer or team of officers, review the case file,
evaluate the evidence and, in that case, shall issue instructions to the investigation
officer or team of officers in the form of case diary.
(10) A supervisory officer not below the rank of a Deputy Superintendent of Police may
verify the correctness of the investigation and accuracy of conclusions of investigation by
writing a case diary before submission of report in the court.
(11) An officer-in-charge of the police station shall, immediately after receiving information
of an offence, inform the District Investigation Branch of the offence which is required to be
investigated by the District Investigation Branch.
(12) If the Head of District Investigation Branch is of the opinion that a case under investigation
with the District Investigation Branch is not in its jurisdiction, he shall, under intimation to the Head
of District Police, send the case for further investigation to the officer-in-charge of the police station.
(13) If the officer-in-charge of the police station is, for reasons to be recorded, of the opinion
that a case under investigation by the police station staff is required to be investigated by the
District Investigation Branch, he shall, under intimation to the Head of District Police, send the
case for further investigation to the District Investigation Branch.
(14) Except in case of an emergency notified by the Provincial Police Officer for a specified
period, the members of District Investigation Branch shall not be employed for duties other than
investigation.]
7
[18A. Transfer of investigation. (1) Within seven working days of the filing of an
application, the Head of District Police may, after obtaining opinion of the District Standing
Board and for reasons to be recorded in writing, transfer investigation of a case from the
investigation officer to any other investigation officer or a team of investigation officers of a
rank equal to or higher than the rank of the previous investigation officer.
(2)
If the Head of District Police has decided an application for transfer of
investigation, the Regional Police Officer may, within seven working days of the filing of an
application, after obtaining opinion of the Regional Standing Board and for reasons to be
recorded in writing, transfer investigation of a case from the investigation officer or a team of
investigation officers to any other investigation officer or a team of investigation officers of a
rank equal to or higher than the rank of the previous investigation officer or officers.
(3)
If a Regional Police Officer has decided an application for transfer of an
investigation, the Provincial Police Officer may, within thirty days of filing of an application,
after obtaining opinion of a Standing Review Board, transfer investigation of a case to an
investigation officer or a team of investigation officers of a rank equal to or higher than the rank
of the previous investigation officer or officers.
(4)
A case under investigation with a District Investigation Branch may only be
transferred to another officer or a team of officers of the District Investigation Branch, Regional
Investigation Branch or Provincial Investigation Branch.
(5)
For the purpose of this Article
(a) District Standing Board means the District Standing Board constituted by the Head of
District Police consisting of a Superintendent of Police as chairperson and two officers
not below the rank of Deputy Superintendent of Police as members;
7
Inserted by the Punjab Police Order (Amendment) Act 2013 (XXI of 2013).
(b) Regional Standing Board means the Regional Standing Board constituted by the
Regional Police Officer consisting of a Superintendent of Police as chairperson and
two Superintendents of Police as members;
(c) Standing Review Board means the Standing Review Board constituted by the Provincial
Police Officer consisting of a Deputy Inspector General of Police as chairperson and two
officers not below the rank of Superintendent of Police as members; and
(d) reference to Head of District Police and Regional Police Officer in the case of Capital
City District shall be construed to mean the Head of District Investigation Branch of
the Capital City and the Capital City Police Officer, respectively.]
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;
(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 coterminous 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 8[or SubInspector] of Police:
Inserted by the Punjab Police Order (Amendment) Act 2013 (XXI of 2013).
Provided that an officer of the rank of Assistant Superintendent of Police may be posted
as head of a police station, assisted by Inspectors 9[or Sub-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.
(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.
9
Ibid.
(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 Generals
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;
(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.
(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 mala fide, 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 mala fide order issued by any authority, the Head of
District Police shall seek recourse to the appropriate Public Safety Commission whose decision
shall prevail.
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.
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;
(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 mala fide 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.
(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.
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 weeks 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.
(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.
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.
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 mala
fide 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
(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)
(3)
(4)
(5)
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;
(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 weeks 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.
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.
(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) 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:
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 mala
fide 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 fortyeight 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 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 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 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.
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 weeks 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.
(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 ex-officio
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;
(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 mala fide orders or
directions from any authority to any functionary of the police throughout 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:
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 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;
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.
(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 anything 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.
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.
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 Antismuggling 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;
(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)
(4)
(5)
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 weeks 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.
(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;
(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.
(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
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
Court under intimation to the Government to appoint a Judge not below the District and
Sessions Judge for a judicial enquiry;
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;
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;
inform the complainant of the outcome of the enquiry in writing as soon as possible;
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;
in case of any frivolous, or vexatious complaint, initiate legal action against the
complainant;
may recommend disciplinary action against an enquiry officer for willful neglect or
mishandling of an enquiry;
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;
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.
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)
(d)
(e)
(f)
(g)
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.
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 off-duty,
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.
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
be 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 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 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.
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 weeks 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
anything 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.
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 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
place
(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 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.
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;
(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 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
months 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.
(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 officer 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 SubInspector;
(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.
(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.
(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 months 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).
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, be 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 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.
10
[*
*]
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;
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.
10
Article 184 Power to amend omitted by the Punjab Police Order (Amendment) Act 2013 (XXI of 2013).
FIRST SCHEDULE
SENIOR AND JUNIOR RANKS
[Article 2 (xii) and Article 2 (xxv)]
1.
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(i)
(ii)
(iii)
(iv)
(v)
2.
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.
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_____________