Anti-Corruption Establishment Ordinance, 1961
ORDINANCE NO. XX OF 1961
An Ordinance to provide
for the constitution of a special agency for the investigation of certain
offences relating to corruption by public servants and for holding preliminary
inquiries against such servants in West Pakistan
West Pakistan, Extraordinary, dated 8th September 1961]
No. Leg. 3 (20)/61.-The
following Ordinance by the Governor of West Pakistan is hereby published for
Preamble.-Whereas it is
expedient to provide for the constitution of a special agency for the
investigation of certain offences relating to corruption by public servants and
for holding preliminary inquiries against such servants in West Pakistan;
Now, therefore, in pursuance
of the Presidential Proclamation of the seventh day of October 1958, and having
received the previous instructions of the President, the Governor of West
Pakistan is pleased, in exercise of all powers enabling him in that behalf, to
make and promulgate the following Ordinance:---
1. Short title and
Ordinance may be called the West Pakistan
Anti-Corruption Establishment Ordinance, 1961.
(2) It extends to the whole
of the Province of
West Pakistan, except the Special Areas.
2. Definitions.-In this
Ordinance, unless the context
otherwise requires, the following expressions shall have the meanings hereby
respectively assigned to them, that is to say,---
(i) “Establishment” means the
Anti-Corruption Establishment constituted under section 3;
(ii) “Director” means the
Director of the Anti-Corruption Establishment appointed under section 4;
(iii) “Government” means the
Government of West Pakistan;
(iv) “Public servant” means a
public servant as defined in section 21 of the Pakistan Penal Code; and
(v) “Schedule” means the
Schedule appended to this Ordinance.
3. Constitution and
powers of the Anti-Corruption Establishment.(1)
Notwithstanding anything contained in any other law for the time being In force,
Government may constitute an establishment to be known as the Anti-Corruption
Establishment, for the investigation of Offences set forth fn the Schedule, and
for holding preliminary inquiries for determining whether such offences shall be
investigated or departmental inquiries Into the conduct of any public servant
concerned in such offences shall be held;
Provided that nothing
contained in this Ordinance shall affect the provisions of subsection (2) of
section 2 of the Pakistan Special Police Establishment Ordinance, 1948.
(2) The Establishment shall
consist of a Director and such number of officers and members as may be
determined by Government.
(3) Subject to the provisions
of section 4, the pay and other conditions of service of the Director, officers
and members of the Establishment shall be such as may be determined by
(4) Subject to any orders or
rules which Government may make In this behalf, the Director, officers and
members of the Establishment shall, throughout the Province, in relation to the
investigation of offences mentioned in the Schedule and the arrest of persons
involved in such offences, have all the powers, perform all the duties, possess
all the privileges and be subject to all the liabilities which a police officer
has, or is subject to, in connection with the investigation of offences under
the Code of Criminal Procedure, 1898.
(5) Subject to any orders of
Government in this behalf, any officer of the Establishment of or above the rank
of a Sub-Inspector may, in relation to the offences mentioned in the Schedule,
exercise any of the powers of the officer-in-charge of a police-station within
the meaning of clause (p) of subsection (1) of section 4 of the Code of Criminal
Procedure, 1898, in the area in which he is for the time being posted, and when
so exercising such powers shall be deemed to be an officer-in-charge of a
police-station discharging the functions of such an officer within the limits of
4. Superintendence and
Government shall appoint a person to discharge the functions and perform the
duties of Director under this Ordinance.
(2) Subject to such orders as
Government may make, the superintendence and general control of the
Establishment shall vest in the Director.
(3) The Director shall
exercise, in respect of officers and men belonging to the Police Force and
serving in the Establishment, all the powers exercisable by an Inspector-General
of Police in respect of the Police Force in the Province.
5. Bar to legal
or legal proceedings shall lie against Government
or the Director, or any other officer or member of the Anti-Corruption
Establishment in respect of anything in good faith done or intended to be done
under this Ordinance.
6. Power to make
Government may make rules for carrying out the
purposes of this Ordinance.
(2) In particular and without
prejudice to the generality of the foregoing power such rules may provide for
the organization of the Establishment and for prescribing the authorities with
whose permission investigation of any case or class of cases may be commenced or
any person may be arrested.
Sind Prevention of Bribery
and Corruption Act, 1950, is hereby repealed.
8. Provisions not in
derogation of any other law.-The
provisions of this Ordinance are in addition to and not to derogation of any
other law for the time being in force.