The Punjab Vigilance Committees Act 2016

[1]THE PUNJAB VIGILANCE COMMITTEES ACT 2016

(Act XXVIII of 2016)

[20 April 2016]

An Act to provide for the constitution of Vigilance Committees.

It is necessary to provide for the constitution of Vigilance Committees at District, Sub-divisional and Union Council level to ensure better and effective watch and ward system, and to deal with ancillary matters.

Be it enacted by Provincial Assembly of the Punjab as follows:

1. Short title, extent, commencement and application.– (1) This Act may be cited as the Punjab Vigilance Committees Act 2016.

(2) It extends to whole of the Punjab.

(3) It shall come into force at once.

(4) The Government may, by notification, and for reasons to be recorded, exclude any area from the operation of any of the provisions of this Act.

2. Definitions.– In this Act:

(a) “Act” means the Punjab Vigilance Committees Act 2016;

(b) “Cantonment” means a Cantonment Board constituted under the Cantonments Act, 1924 (II of 1924) or any other law;

(c) “Committee” means a District Vigilance Committee, Sub-divisional Vigilance Committee or Local Vigilance Committee constituted under the Act;

(d) “Municipal Committee” means a Municipal Committee constituted under the Punjab Local Government Act 2013 (XVIII of 2013);

(e) “prescribed” means prescribed by rules made under the Act;

(f) “proscribed organization” means an organization which is proscribed under the Anti-Terrorism Act, 1997 (XXVII of 1997); and

(g) “Union Council” means a Union Council constituted under the Punjab Local Government Act 2013 (XVIII of 2013) or a Union Administration constituted under the Punjab Local Government Ordinance, 2001 (XIII of 2001).

3. Act to override other laws.– The provisions of this Act shall have effect notwithstanding anything to the contrary contained in any other law.

4. Vigilance Committees.– There shall be Vigilance Committees at District, Sub-divisional and Union Council or Municipal Committee level to be respectively named as District Vigilance Committees, Sub-divisional Vigilance Committees and Local Vigilance Committees.

5. Constitution and composition of Vigilance Committees.– (1) The Government shall, by notification, constitute a District Vigilance Committee consisting of the following members:

(a) District Coordination Officer or head of district administration as Convener;

(b) head of district police;

(d) representative from Intelligence Bureau; and

(e) not less than two members of Provincial Assembly of the Punjab, including at least one female member, from the district to be nominated by the Government.

(2) The Government shall constitute a Sub-divisional Vigilance Committee consisting of the following members:

(a) Assistant Commissioner as Convener;

(b) Sub-divisional Police Officer;

(d) three members from general public including one female member for a term of three years.

(3) The District Vigilance Committee shall, for a term of three years, constitute a Local Vigilance Committee in each Union Council, Municipal Committee or Cantonment, consisting of the following members from the local area:

(a) one retired judicial officer or retired Police Officer or retired officer from the Armed Forces of Pakistan or a retired public servant;

(b) one social worker or a head of educational or health institution;

(d) one male member and one female member.

6. Functions of the Vigilance Committees.– (1) A District Vigilance Committee shall:

(a) constitute Local Vigilance Committees for a Union Council or Municipal Committee and cantonment in the district within fifteen days of its constitution;

(b) scrutinize the antecedents of a person to determine his eligibility to be a member of a Local Vigilance Committee;

(d) arrange for training of members of Local Vigilance Committees by the Special Branch and Counter Terrorism Department of the Police; and

(e) oversee the performance of Local Vigilance Committees and devise strategies to improve their performance.

(2) A Sub-divisional Vigilance Committee shall:

(a) liaise between the District Vigilance Committee and Local Vigilance Committees falling within its jurisdiction;

(b) monitor the performance of Local Vigilance Committees and submit reports about such performance to the District Vigilance Committee; and

(3) A Local Vigilance Committee shall:

(a) collect information relating to the following activities in the local area and to submit report to the police and law enforcing agencies:

(i) presence and movement of subversive or dubious elements;

(ii) information relating to promotion or distribution of objectionable and hate literature inciting sectarianism or subversion;

(iii) wall chalking, brochures, pamphlets, audio, audio-videos likely to promote sectarianism or subversion;

(iv) collection of contribution or donation for promotion of proscribed organizations and unlawful associations;

(v) information relating to tenants within its jurisdiction; and

(vi) any other subversive or suspicious activity or movement of unknown persons.

(b) report all matters pertaining to security and its recommendations to the Sub-divisional Vigilance Committee;

(c) keep a close liaison with the Security Advisory Committee constituted under section 3 of the Punjab Security of Vulnerable Establishments Act 2015 (XIV of 2015) and provide information about any of the above activities to the Security Advisory Committee; and

(d) perform such other tasks as may be assigned by the Government, District Vigilance Committee, Sub-divisional Vigilance Committee and Security Advisory Committee relating to safety and security in the prescribed manner.

7. Meetings.– (1) The District Vigilance Committees and the Sub-divisional Vigilance Committees shall meet at least once in a month.

(2) The Local Vigilance Committees shall meet at least twice in a month.

(3) A Local Vigilance Committee, in its first meeting, shall elect the convener and deputy convener of the Committee from amongst its members for a period of one year.

(4) There shall be no bar to the re-election of the same member as convener and deputy convener.

(5) The Assistant Commissioner and Sub-divisional Police Officer may attend a meeting of a Local Vigilance Committee.

8. Logistic support.– (1) Secretary of the Union Council or an officer of the Municipal Committee or Cantonment shall be the ex-officio Secretary of the Local Vigilance Committee.

(2) The office of the Union Council or Municipal Committee shall be the formal place for holding meetings of the Committee and the Union Council or Municipal Committee shall provide logistic support to the Committee.

9. Remuneration.– No remuneration shall be paid to the members of the Committees.

10. Conduct of member.– A person may be nominated as a member of a Local Vigilance Committee if he bears good character, is not a previous convict and has no past or present affiliation with any dubious or sectarian group or any proscribed organization.

11. Power of the Government.- The Government may reconstitute a Committee, terminate membership of any member of a Committee.

12. Power to make rules.– The Government may, by notification, make rules for carrying out the purposes of this Act.

13. Removal of difficulty.– The Government may, within one year from the commencement of this Act, by order, not inconsistent with the provisions of this Act, provide for the removal of any difficulty which may arise in giving effect to the provisions of the Act.

14. Repeal.– The Punjab Vigilance Committees Ordinance, 2016 (I of 2016) is hereby repealed.

[1]This Act was passed by the Punjab Assembly on 14 April 2016; assented to by the Governor of the Punjab on 19 April 2016; and, was published in the Punjab Gazette (Extraordinary), dated 20 April 2016, pages 4667-70.