THE
POLICE ORDER 2002
(C.E.
Order No.22 of 2002)
C
O N T E N T S
Article Heading
Chapter I
Preliminary
1. Short
title, extent and commencement.
2. Definitions.
Chapter
II
Responsibilities and
Duties of the Police
3. Attitude and responsibilities of police
towards the public.
4. Duties of police.
5. Emergency
duties of police with regard to essential services.
Chapter
III
Constitution and Organization
of the Police
6. Separate police establishment for
each general police area.
7. Constitution
of police.
8. Police
to be organized on functional basis.
9. Superintendence of police.
10. Administration of the police.
11. Posting of Provincial Police Officer,
12. Term of office of
Provincial Police Officer, Capital City Police Officer and Head of a Federal
Law Enforcement Agency.
13. Posting of Additional Inspectors General of Police.
14. Appointment of experts.
15. Posting of City Police Officer and District Police Officer.
16. Administration of police in a district.
17. Posting of Deputy Inspector General, Senior Superintendent,
Superintendent, Assistant Superintendent, Deputy
Superintendent.
18. Separation of
investigation function.
18A. Transfer of investigation.
19. Appointment of Director of Police Communications etc.
20. Posting of heads of police training institutions.
21. Constitution of regions
and divisions etc.
22. Transfer to other police establishment.
23. Appointment of junior ranks.
24. Oath or affirmation by members of police.
25. Certificate of appointment.
26. Suspension of police officer.
27. General powers of Provincial
Police Officer etc.
28. Powers of Provincial Police Officer, Capital City Police
Officer and City Police Officer concerning police accounts.
29. Appointment of special police officers.
30. Appointment of additional police.
31. Ministerial staff etc.
Chapter
IV
Responsibilities of the
Head of District Police
32. Policing Plan.
33. Relationship of District Police with Zila
Nazim etc.
34. Police support to Government functionaries, etc.
35. Responsibility on
complaints of neglect and excesses by police.
36. Reference to Police Complaints Authority.
Chapter V
District Public Safety Commission
37. Establishment.
38. Composition.
39. Appointment of Chairperson.
40. Meeting in the absence of the
Chairperson.
41. Selection of independent members.
42. Functions of the Selection Panel.
43. Selection criteria of independent
members.
44. Functions of the District Public
Safety Commission.
45. Terms
of members of the District Public Safety Commission.
46. Removal of members.
47. Meetings and conduct of business of
the District Public Safety Commission.
48. Secretariat.
Chapter VI
Capital City District Public
Safety Commission
49. Establishment.
50. Composition.
51. Appointment of Chairperson.
52. Meeting in the absence of the
Chairperson.
53. Selection of independent members.
54. Functions of the Selection Panel.
55. Selection criteria of independent
members.
56. Functions
of the Capital City District Public Safety Commission.
57. Terms of members of the Capital City
District Public Safety Commission.
58. Removal of members.
59. Meetings
and conduct of business of the Capital City District Pubic Safety Commission.
60. Secretariat.
Chapter VII
Islamabad District Public
Safety Commission
61. Establishment.
62. Composition.
63. Appointment of Chairperson.
64. Meeting in the absence of the
Chairperson.
65. Selection of independent members.
66. Functions
of the Selection Panel.
67. Selection criteria of independent
members.
68. Functions of Islamabad District Public
Safety Commission.
69. Terms of members of the Islamabad
District Public Safety Commission.
70. Removal of members.
71. Meetings and conduct of business of
the Islamabad District Public Safety Commission.
72. Secretariat.
Chapter VIII
The Provincial Public Safety Commission
73. Establishment.
74. Composition.
75. Appointment
of Chairperson.
76. Meeting in the absence of the
Chairperson.
77. Selection of independent members.
78. Functions
of the Selection Panel.
79. Selection criteria of independent
members.
80. Functions of the Provincial Public
Safety Commission.
81. Terms
of members of the Provincial Public Safety Commission.
82. Removal of members.
83. Meetings and conduct of business of
the Provincial Public Safety Commission.
84. Secretariat.
Chapter IX
The National Public
Safety Commission
85. Establishment.
86. Composition.
87. Appointment of Chairperson.
88. Meeting in the absence of the
Chairperson.
89. Selection of independent members.
90. Functions of the Selection Panel.
91. Selection criteria of independent
members.
92. Functions of the National Public
Safety Commission.
93. Terms
of members of the National Public Safety Commission.
94. Removal of members.
95. Meetings and conduct of business of
the National Public Safety Commission.
96. Secretariat.
Chapter X
Police Complaints Authorities
97. Establishment of Federal Police
Complaints Authority.
98. Composition.
99. Criteria and terms of the members.
100. Functions
of the Federal Police Complaints Authority.
101. Secretariat.
102. Removal
of the members.
103. Establishment of Provincial Police
Complaints Authority.
104. Composition.
105. Criteria and terms of the members.
106. Functions of the Provincial Police
Complaints Authority.
107. Secretariat.
108. Removal of the members.
Chapter XI
Criminal Justice Coordination
Committee
109. Establishment.
110. Composition.
111. Functions of the Criminal Justice
Coordination Committee.
Chapter XII
Regulation, Control and
Discipline of the Police
112. Rule making by Provincial Police
Officer or Islamabad Capital City Police Officer.
113. Punishments.
114. Code
of Conduct.
115. Police officer at any time liable to be
called for duty.
116. Withdrawal from duty and resignation,
etc.
117. Police officer not to engage in any
other employment.
Chapter XIII
Powers to issue Orders
118. Power to issue orders.
119. Power to give direction to the public.
120. Regulation
of public assemblies and processions and licensing of same.
121. Powers with regard to assemblies and
processions violating the conditions of licence.
122. Power to prohibit certain acts for
prevention of disorder.
123. Power
to give directions against serious disorder at places of amusement, etc.
124. Erecting
of barriers in streets, etc.
125. Power to search suspected persons or
vehicles in street, etc.
Chapter XIV
Special measures for maintenance of
Public Order and Security
126. Employment of additional police to keep
peace.
127. Employment
of additional police at the cost of organizers, etc.
128. Compensation for injury caused by
unlawful assembly.
129. Recovery of amount payable under
Articles 126 and 127.
130. Recovered amount to go to treasury.
131. Banning of use of dress resembling
uniform of police or armed forces.
132. Control
of camps, parades, etc.
133. Authority of Head of District Police
over the village police.
Chapter XV
Responsibilities of Police
in relation to Unclaimed Property
134. Police to make inventory of unclaimed
property, etc.
135. Procedure
for disposal of unclaimed property.
136. Delivery of property to person
entitled.
137. Disposal of property, if no claimant
appears.
Chapter XVI
Offences and Punishments
138. Causing mischief in street by animal or
vehicle.
139. Causing obstruction in a street.
140. Wilful or
negligent conduct in respect of dogs.
141. Penalty
for offences under Articles 138 to 140.
142. Suffering disorderly conduct.
143. Penalty for contravening orders, etc.
under Article 118.
144. Penalties for contravention of order,
etc. under Article 119 and Articles 122 and 123.
145. Penalty
for contravention of orders under Articles 131 and 132.
146. Penalty for obtaining employment as a
police officer through fraudulent means.
147. Warning to first offender.
148. Defiling water in public wells, etc.
149. False alarm of fire, etc.
150. Penalty for contravention of orders
made under Article 124.
151. Penalty for unauthorized use of police
uniform.
152. Penalty for frivolous or vexatious
complaint.
153. Certain offences to be cognizable.
154. Power to try offences summarily.
Chapter XVII
Offences by and Punishments
for Police Officers
155. Penalty for certain types of misconduct
by police officers.
156. Penalty for vexatious entry, search,
arrest, seizure of property, torture, etc.
157. Penalty for unnecessary delay in
producing arrested persons in courts.
Chapter XVIII
National Police Management Board
158. Establishment.
159. Composition.
160. Functions
of the National Police Management Board.
161. Meeting
and conduct of business of the Board.
162. National Police Bureau.
Chapter XIX
Miscellaneous
163. Provision of advice and assistance to
International Organizations etc.
164. Coordination by Federal Government.
165. Constitution
of Promotion Boards etc.
166. Criminal Statistics and reports.
167. Maintenance of Daily Diary at a police
station.
168. Citizen Police Liaison Committees.
169. Public Safety Fund.
170. Officers holding charge of or
succeeding to vacancies competent to exercise powers.
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.
172. Suits
or prosecutions in respect of acts done under colour
of duty not to be entertained if not instituted within the prescribed period.
173. Notice of suit to be given with
sufficient description of wrong complained of.
174. Licences and
written permissions to specify conditions, etc.
175. Revocation of licence or permission.
176. When licence or permission is revoked,
the grantee would be deemed to be without licence.
177. Grantee to produce licence and written
permission when required.
178. Public
notices how to be given.
179. Consent of competent authority how to
be proved.
180. Signature
on notices may be stamped.
181. Persons interested may apply to annul,
reverse or alter any rule or order.
182. Notification of rules and regulations
in the official Gazette.
183. Powers to prosecute under any other law
not affected.
184. [Omitted].
185. Repeal and savings.
186. Existing police deemed to be
constituted under this Order.
187. Power to remove difficulties.
First Schedule
Second Schedule
Third Schedule
[1]THE
POLICE ORDER 2002
(C.E. Order No.22 of 2002)
[14 August 2002]
An Order to reconstruct and
regulate the police;
WHEREAS the police has
an obligation and duty to function according to the Constitution, law, and
democratic aspirations of the people;
AND
WHEREAS such functioning of the police requires it to be professional,
service-oriented, and accountable to the people;
AND
WHEREAS it is expedient to redefine the police role, its duties and
responsibilities;
AND
WHEREAS it is necessary to reconstruct the police for efficient prevention
and detection of crime, and maintenance of public order;
AND
WHEREAS the Chief Executive is satisfied that circumstances exist which
render it necessary to take immediate action;
NOW,
THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth
day of October, 1999, and the Provisional Constitution Order No.1 of 1999, and
in exercise of all powers enabling him in that behalf, the Chief Executive of
the Islamic Republic of Pakistan is pleased to make and promulgate the
following Order:-
Chapter I
Preliminary
1. Short
title, extent and commencement.– (1)
This Order may be called the Police Order, 2002.
(2) It extends to the whole of
(3) It shall come into force at once [2][except
in the
2. Definitions.– (1)
In this Order, unless the context otherwise requires,–
(i) ‘Administration’ includes management of
administrative, operational and financial functions;
(ii) ‘
(iii) ‘City
Police Officer’ means the head of police of a general police area of the city
district who is not below the rank of Deputy Inspector General of Police and is
posted under Article 15;
(iv) ‘Code’ means the Code of Criminal
Procedure, 1898 (Act V of 1898);
(v) ‘Commission’ means a Public Safety
Commission established under this Order at the national, provincial, or
district level;
(vi) ‘District’ means the district as defined in
a Local Government Law;
(vii) ‘District Police Officer’ means the head of
police of a district who is not below the rank of Senior Superintendent of
Police and is posted under Article 15;
(viii) ‘Federal
Law Enforcement Agencies’ include Federal Investigation Agency, Pakistan
Railway Police, Anti-narcotics Force, Pakistan Motorway and Highway Police,
Islamabad Police, Frontier Constabulary, and any other Federal or Provincial
organization notified as such by the Government from time to time;
(ix) ‘General Police Area’ means a capital city
district, a part of a province, or any territory for which separate police is
established under Article 6;
(x) ‘Government’ means the appropriate
Government;
(xi) ‘Head of District Police’ means a District
Police Officer, City Police Officer or a Capital City Police Officer;
(xii) ‘junior ranks’
means members of the police of and below the rank of Inspector as set out in
the First Schedule;
(xiii) ‘person’ includes
community, a company, or corporation;
(xiv) ‘Place’ includes–
(a) any building, tent,
booth or other structure, whether permanent or temporary; and
(b) any area, whether
enclosed or open;
(xv) ‘place
of public amusement’ means any place where music, singing, dancing or game or
any other amusement, diversion, or recreation or the means of carrying on the
same is provided etc. to which the public are admitted either on payment of
money or with the intention that money may be collected from those admitted;
(xvi) ‘place of public entertainment’ means any
place of boarding and lodging to which public are admitted by any person owning,
or having any interest in, or managing, such place;
(xvii) ‘Provincial Police Officer’ means head of
the police of a general police area of the rank of Inspector General of Police
posted under Article 11;
(xviii) ‘Police Officer’ means a member of the police
who is subject to this Order;
(xix) ‘Police or Police Establishment’ means the
police referred to in Article 6 and includes–
(a) all persons
appointed as special police officers or additional police officers under this
Order; and
(b) all other employees
of the police;
(xx) ‘prescribed’ means
prescribed by rules made under this Order;
(xxi) ‘property’ means
any moveable property, money or valuable security;
(xxii) ‘public place’ means any place to which the public may have
access;
(xxiii) ‘rules’ means rules
made under this Order;
(xxiv) ‘schedule’ means a
schedule to this Order;
(xxv) ‘senior ranks’
means members of the police above the rank of Inspector as set out in the First
Schedule;
(xxvi) ‘street’ includes
any highway, bridge, way, causeway, arch, road, lane, footway, square, alley or
passage, whether or not it is a thoroughfare and to which the public have
access, whether permanently or temporarily; and
(xxvii) ‘vehicle’ includes
any conveyance of any description mechanically propelled or otherwise.
(2) All references in respect of District
Superintendent of Police in any law in force shall mean Head of District Police
posted under Article 11 and Article 15.
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;
(b) provide assistance to
victims of road accidents;
(c) assist accident
victims or their heirs or their dependants, where applicable, with such
information and documents as would facilitate their compensation claims; and
(d) cause awareness among
the victims of road accidents of their rights and privileges.
(3) It shall be the duty of a police officer to
lay information before a competent court and to apply for a summons, warrant,
search warrant or such other legal process as may, by law, be issued against
any person suspected of committing an offence.
5. Emergency duties of police with regard to
essential services.– (1) The
Government may, in an emergency, by notification in the official Gazette,
declare any specified service to be an essential service to the community.
(2) Upon a declaration being made under clause (1)
and so long as it remains in force, it shall be the duty of every police
officer to obey any lawful order given by a senior police officer in relation
to the declaration.
Chapter III
Constitution and Organization of the Police
6. Separate
police establishment for each general police area.– The
Government shall maintain a separate police establishment for every general
police area.
7. Constitution of police.– (1) The police
establishment for each general police area shall consist of such numbers in the
senior and junior ranks and have such organization as the Government may from
time to time determine.
(2) The recruitment criteria,
pay and allowances and all other conditions of service of the police shall be
such as the Government may from time to time determine.
[3][(3) The
recruitment in the police other than ministerial and specialist cadres shall be
in the rank of Constable, Sub-Inspector and Assistant Superintendent of Police.]
[4][(3a) The selection for direct recruitment in the rank of
Constable shall be made on the basis of district of domicile.
(3b) The selection for direct recruitment in
the rank of Sub-Inspector shall be made through Punjab Public Service
Commission on the basis of police region in which district of domicile of the
candidate is located and shall not exceed fifty percent of total posts in the
rank of Sub-Inspector.
(3c) Subject to the rules–
(a) twenty-five percent of the quota reserved for
departmental promotion to the rank of Sub-Inspector shall be filled through
selection-on-merit by Punjab Public Service Commission from amongst police
officers holding bachelor’s degree in the rank of Head Constable and Assistant
Sub-Inspector; and
(b) twenty-five percent departmental promotions to the rank of
Assistant Sub-Inspector shall be made through selection-on-merit by Punjab
Public Service Commission from amongst police officers holding bachelor’s
degree in the rank of Constable and Head Constable.]
(4) The
recruitment in the rank of Assistant Superintendent of Police shall be through
the Federal Public Service Commission on all
(5) [5][* * * * * * * * * * *]
(6) Every police officer while on police duty
shall have all the powers and privileges of a police officer throughout
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 in-charge 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 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 [6][***] 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
(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,
(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
(4) A
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.
[7][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.
(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.]
[8][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;
(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
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
(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 [9][or Sub-Inspector] of Police:
Provided that an officer of the rank of Assistant Superintendent of
Police may be posted as head of a police station, assisted by Inspectors [10][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,
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.
(2) The
power of Provincial Police Officer, Capital City Police Officer and City Police
Officer to regulate accounts under clause (1) shall be without prejudice to the
Auditor General’s authority to audit police accounts.
29. Appointment
of special police officers.– (1)
Subject to rules, Head of District Police may appoint special police officers
for special purposes or occasions when the police available to him is not
sufficient to assist the police under his command.
(2) Every special police officer so appointed
shall, on appointment–
(a) receive a certificate
in the prescribed form;
(b) have the same powers,
and immunities and be liable to the same duties and responsibilities and be
subject to the same authorities as a regular police officer.
30. Appointment
of additional police.– (1) City Police Officer and District
Police Officer subject to the approval of the Provincial Police Officer, and
Capital City Police Officer may appoint additional police officers of such rank
and for such time as he may deem fit for the purposes stated in their
employment orders.
(2) Every additional police officer so appointed
shall on appointment–
(a) receive a certificate
in a form approved by Provincial Police Officer or Capital City Police Officer or
City Police Officer, as the case may be;
(b) be vested with all or
any of the powers, privileges and duties of a police officer;
(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
(e) holds an office of
profit in the service of
(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
(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
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
(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
(h) brings the District
Public Safety Commission into disrepute;
(i) fails to attend its
three consecutive meetings without any reasonable cause.
47. Meetings
and conduct of business of the District Public Safety Commission.– (1)
The business of the District Public Safety Commission shall be conducted by the
Commission in a meeting.
(2) The meeting may be convened by the Chairperson
or on the requisition of three members.
(3) Quorum for a meeting of the District Public
Safety Commission shall be two third of its total membership.
(4) Members
shall attend meetings of the Commission as and when required for which at least
a week’s notice, with agenda, shall be given. There shall be minimum
of one meeting in a month provided an emergency meeting may be held at a short
notice not exceeding twenty four hours.
(5) Decisions of the Commission shall be by simple
majority.
(6) District Police Officer or City Police Officer
or in their absence their deputy may be invited to attend a meeting, which he
shall attend.
(7) The Commission may invite any expert for
consultations on specific issues.
(8) The Commission may frame rules of procedure
for the conduct of business.
48. Secretariat.– (1)
The Government shall establish a permanent secretariat of the District Public
Safety Commission.
(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
(e) holds an office of
profit in the service of
(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
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) No member shall be eligible for a second term.
(3) Members shall be paid TA and DA for attending
meetings, as per rules.
(4) Independent members may be paid honoraria as
per rules.
(5) Members shall be Justices of Peace within the
district in accordance with the Code.
58. Removal
of members.–
The Governor on his own volition or on the recommendation of the Capital City
District Public Safety Commission may remove a member from office if he–
(a) ceases to be a
citizen of
(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
(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 two-third of its membership.
(4) Members
shall attend meetings of the Commission as and when required for which at least
a week’s notice, with agenda, shall be given. There shall be minimum
of one meeting in a month provided an emergency meeting may be held at a short
notice not exceeding twenty four hours.
(5) Decisions of the Commission shall be by simple
majority.
(6)
(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
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
(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
(e) holds an office of
profit in the service of
(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
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 forty-eight hours the action taken by him;
(h) on receipt of a
complaint of excess by a police officer–
(i) direct
the Capital City Police Officer in writing to take appropriate action and
submit a report 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
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
(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
(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 week’s notice, with agenda, shall be given. There shall be minimum
of one meeting in a month provided an emergency meeting may be held at a short
notice not exceeding twenty four hours.
(5) Decisions of the Commission shall be by a
simple majority.
(6)
(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
(e) holds an office of
profit in the service of
(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
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;
(o) recommend essential
criminal justice reforms; and
(p) perform such other functions with regard to public order and
safeguarding public interest, as may be assigned by the government to it for
the purpose under any law for the time being in force including Prosecution,
Prisons and Probation services.
81. Terms
of members of the Provincial Public Safety Commission.– (1)
The term of office of a member shall be the same as that of the Provincial
Assembly unless he resigns at any time before the expiry of his term, or ceases
to be a member of the Provincial Assembly.
(2) No member shall be eligible for a second term.
(3) Members shall be paid TA and DA for attending
meetings, as per rules.
(4) Independent members may be paid honoraria as
per rules.
(5) Members shall be Justices of Peace in
accordance with the Code.
82. Removal
of members.–
The Governor on his own volition or on the recommendation of the Provincial
Public Safety Commission may remove a member from office if he–
(a) ceases to be a
citizen of
(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
(h) brings the
Provincial Public Safety Commission into disrepute;
(i) fails to attend its
three consecutive meetings without any reasonable cause.
83. Meetings
and conduct of business of the Provincial Public Safety Commission.– (1)
The business of the Provincial Public Safety Commission shall be conducted by
the Commission in a meeting.
(2) The meeting may be convened by the chairperson
or on the requisition of three members.
(3) Quorum for the meeting of the Commission shall
be two-third of its membership.
(4) Members
shall attend meetings of the Commission as and when required for which at least
a week’s notice, with agenda, shall be given. There shall be minimum
of one meeting in a month; provided an emergency meeting may be held at a short
notice not exceeding twenty four hours.
(5) The ex officio Chairperson shall not have the
right of vote, except in case of a tie.
(6) Decisions of the Commission shall be by simple
majority.
(7) The Commission may hold public consultations
as and when required.
(8) The Provincial Police Officer and heads of
prosecution service, prison and probation departments shall attend meetings of
the Commission as non-voting members, when invited.
(9) The Commission may invite any expert for
consultations on specific issues.
(10) The
Commission may frame rules of procedure for the conduct of business.
84. Secretariat.– (1)
The Government shall establish a permanent secretariat of the Provincial Public
Safety Commission.
(2) The Secretariat shall be headed by a Director
of the rank of Senior Superintendent of Police who shall be appointed by the
Provincial Government in consultation with the Commission.
(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
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
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
(e) holds an office of
profit in the service of
(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
(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
92. Functions
of the National Public Safety Commission.– (1)
In the performance of its duties the National Public Safety Commission shall
oversee the functioning of the Federal Investigation Agency, Pakistan Railways
Police, Anti-narcotics Force, Frontier Constabulary Pakistan Motorway and
Highway Police, any other Federal Law Enforcement Agency and Anti-smuggling
Wing of Customs exercising police powers.
(2) Facilitate the establishment and functioning
of Citizen Police Liaison Committees in accordance with Article 168.
(3) Without prejudice to its role under clause
(1), the National Public Safety Commission shall perform the following
functions:-
(a) recommend to the
Federal Government panels of three police officers for the appointment of
Capital City Police Officer for
(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) Members
shall be paid TA and DA for attending meetings, as per rules.
(4) Independent members may be paid honoraria as
per rules.
(5) Members shall be Justices of Peace in
accordance with the Code.
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
(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
(h) brings the National
Public Safety Commission into disrepute;
(i) fails to attend its
three consecutive meetings without any reasonable cause.
95. Meetings
and conduct of business of the National Public Safety Commission.– (1)
The business of the National Public Safety Commission shall be conducted by the
Commission in a meeting.
(2) The meeting may be convened by the Chairperson
or on the requisition of three members.
(3) Quorum for the meeting of the Commission shall
be two-third of its membership.
(4) Members shall attend meetings of the National
Public Safety Commission as and when required for which at least a week’s
notice, with agenda, shall be given. There shall be minimum
of one meeting in a month, provided an emergency meeting may be held at a short
notice not exceeding twenty four hours.
(5) The ex officio Chairperson will not have the
right of vote, except in case of a tie.
(6) Decisions of the Commission shall be by simple
majority.
(7) The Commission may hold public consultations
as and when required.
(8) Heads of law enforcement agencies, prosecution
service, prison and probation services will attend
meetings of the Commission as non-voting members, when invited.
(9) The Commission may invite any expert for
consultations on specific issues.
(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 Court under
intimation to the Government to appoint a Judge not below the District and
Sessions Judge for a judicial enquiry;
(d) may appoint in appropriate cases a police
officer of the same district or of a different district who is senior in rank
to the officer complained against as an inquiry officer, and supervise the
inquiry proceedings;
(e) send a copy of the report to the competent
authority and direct him for departmental action based on the findings of the
enquiry or registration of a criminal case as appropriate and direct the
competent authority to submit a report about the action taken on the findings
of the report;
(f) inform the complainant
of the outcome of the enquiry in writing as soon as possible;
(g) where the Provincial
Police Complaints Authority is not satisfied with the order in cases referred
under clause (e), it may send a report to the next higher authority for
revision of the order by the awarding officer and the process be repeated till
it is considered by the final authority;
(h) in case of any
frivolous, or vexatious complaint, initiate legal action against the
complainant;
(i) may recommend
disciplinary action against an enquiry officer for willful neglect or
mishandling of an enquiry;
(j) prepare and send to the Government an annual
report on matters relating generally to its functions, including any matter to
which it considers attention of the Government may be drawn by reason of
gravity or other exceptional circumstances, for laying the report before
Provincial Assembly;
(k) may in consultation
with the Provincial Government establish regional offices anywhere in the
Province.
107. Secretariat.– (1)
The Government shall establish a permanent secretariat of the Authority.
(2) The Secretariat shall be headed by an officer
not below BS 19 who shall be appointed in consultation with the Authority.
(3) The organization of the Secretariat and
functions of officers and staff shall be determined by the Authority.
(4) The Secretariat shall consist of such number
of officers and staff as the Government may in consultation with the Authority
determine from time to time.
(5) The terms and conditions of service of the staff
of the Authority shall be determined by the Government in consultation with the
Authority.
108. Removal of the members.– The
procedure of the removal of the Chairperson and members of the Provincial
Police Complaints Authority shall be the same as for the members of the
Provincial Public Service Commission.
Chapter XI
Criminal Justice Coordination Committee
109. Establishment.–
There shall be a Criminal Justice Coordination Committee in a district.
110. Composition.– The
Criminal Justice Coordination Committee shall consist of–
(a) District and Sessions Judge (Chairperson);
(b) Head of District Police;
(c) District Public Prosecutor;
(d) District Superintendent Jail;
(e) District Probation Officer;
(f) District Parole Officer;
(g) Head of Investigation (Secretary).
111. Functions of the Criminal Justice Coordination
Committee.– (1) The
Criminal Justice Coordination Committee shall–
(a) keep under review the
operation of the criminal justice system and work towards the improvement of
the system as a whole;
(b) promote understanding,
co-operation and coordination in the administration of the criminal justice
system;
(c) exchange information
and give advance notice of local developments, which may affect other parts of
the system;
(d) formulate co-ordinated
priorities and plans to give effect to locally agreed policies;
(e) raise relevant issues
with the appropriate authorities;
(f) promote the spread of
good practices; and
(g) review the
implementation of any decisions taken by the Criminal Justice Coordination
Committee.
(2) The meeting of the Criminal Justice
Coordination Committee shall be held at least once a month. The secretary of
the committee shall record the minutes of the meetings.
Chapter XII
Regulation, Control and Discipline of the Police
112. Rule making by Provincial Police Officer or
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 week’s notice for the withdrawal of
the said police, he shall be relieved from the cost thereof at the expiration
of such notice.
(4) If there is any dispute on payment, Head of
District Police on an application by the aggrieved party may refer the matter
to the Government for final decision.
127. Employment of additional police at the cost of
organizers, etc.– (1) Whenever it
appears to Head of District Police that–
(a) any large work which
is being carried on, or any public amusement, or event at any place is likely
to impede the traffic or to attract a large number of people; or
(b) the behaviour or a
reasonable apprehension of the behaviour of the
persons employed on any railway, canal or other public work, or in or upon any
manufactory or other commercial concern under construction or in operation at
any place, necessitates the employment of additional police at such place;
he may depute such number of
additional police to the said place for so long as the necessity to employ the
additional police shall appear to be expedient.
(2) Subject to rules, the cost of such additional
police shall be borne by the organisers of such
events or employers of such works or concerns, as the case may be, at rates
approved by the appropriate government from time to time.
128. Compensation for injury caused by unlawful
assembly.– When any loss
or damage is caused to any property or when death or grievous hurt is caused to
any person or persons, by 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
(b) Inspectors General of Railways
(c)
(d) Directors General of Federal Investigation
Agency and Anti Narcotics Force;
(e) Commandants of
(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 month’s notice, with agenda shall be given.
(4) The meetings shall be presided over by the
senior most member present.
(5) The Board may invite any expert for
consultations.
162. National Police Bureau.– (1)
A National Police Bureau headed by a Director General not below the rank of
Additional Inspector General of Police shall be established.
(2) The National Police Bureau shall function as
permanent secretariat of the National Public Safety Commission and the National
Police Management Board.
(3) The Government shall determine the
organization of the National Police Bureau and provide such number of staff as
it may determine from time to time.
(4) The National Police Bureau shall perform
research and development functions as assigned to it by the National Police
Management Board and the National Public Safety Commission.
(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
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 Sub-Inspector;
(c) Deputy Inspector General
of Police for promotion to the rank of Inspector.
(d) Additional Inspector General of Police for
promotion to the rank of Deputy Superintendent of Police; and
(e) Inspector General for promotion to the rank of
Superintendent of Police.
166. Criminal Statistics and reports.–
(1) The Provincial Government shall at such times and in such form as the
Federal Government may direct, transmit statistic and reports to the Federal
Government with respect to officers, offenders, criminal proceedings and the
state of law and order in the Province as the Federal Government may require.
(2) The Federal Government shall cause a
consolidated abstract of the information transmitted to it under clause (1) to
be prepared and laid before the National Assembly.
(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
month’s notice as prescribed in section 80 of Civil Procedure Code 1908, of the
intended suit with sufficient description of the wrong complained of.
(2) The provisions of section 80 of the Civil
Procedure Code, 1908, shall mutatis mutandis apply to the notice
referred to in clause (1).
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. [11][* * * * * * * * * * * *]
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
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.
First Schedule
Senior and Junior Ranks
[Article
2 (xii) and Article 2 (xxv)]
1. Senior
Police Ranks–
(i) Inspector-General
(ii) Additional
Inspector General
(iii) Deputy
Inspector General
(iv) Assistant Inspector General/Senior
Superintendent
(v) Superintendent
(vi) Assistant Superintendent/Deputy
Superintendent
2. Junior
Police Ranks–
(i) Inspector
(ii) Sub-Inspector
(iii) Assistant
Sub-Inspector
(iv) Head Constable
(v) Constable
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_____________
[1]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.
This Order is originally within the Federal ambit, however, it was amended by the Punjab Police Order (Amendment) Act 2013 (XXI of 2013) to the extent of Province of the Punjab.
[2]Inserted
by the Police (Amendment) Order 2002 (Chief Executive’s Order No.36 of 2002),
dated 13 November 2002, effective from 14 August 2002.
[3]Substituted
by the
[4]Inserted
by the
[5]Omitted
by the
[6]The
expression “by the National Public Safety Commission from a list provided” omitted
by the Police Order (Amendment) Act 2017 (XIII of 2017).
[7]Substituted
by the
[8]Inserted
by the
[9]Inserted
by the
[10]Inserted
by the
[11]Article
184 “Power to amend” omitted by the Punjab Police Order (Amendment) Act 2013
(XXI of 2013).