THE PUNJAB ANTI CORRUPTION ESTABLISHMENT ORDINANCE, 1961 (XX OF 1961)

CONTENTS
1. 2. 3. 4. 5. 6. 7. 8. Short title and extent Definitions Constitutionand powers of Anti Corruption Establishment Superintendence and general control Bar to Legal Proceedings Power to make rules Repeal Provisions not in derogation of any other law SCHEDULE

TEXT
THE PUNJAB ANTI CORRUPTION ESTABLISHMENT ORDINANCE, 1961 (XX OF 1961) [8th September, 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 Punjab. 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 Punjab; 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 extent. (1) This ordinance may be called the Punjab Anti Corruption Establishment 1961. (2) It extends to the whole of the Province of Punjab, except the Special Areas. 2. Definitions. In this Ordinance, unless the context otherwise requires, the following expression shall have the meanings hereby respectively assigned to them, that is to say:(i) (ii) (iii) (iv) (v) Establishment means the Anti Corruption Establishment constituted under section 3; Director General means the Anti Corruption Establishment appointed under section 4; Government means the Government of Punjab; Public servant means a public servant as defined in section 21 of the Pakistan Penal Code; and Schedule means the Schedule appended to this Ordinance.

3. Constitution and powers of Anti-Corruption Establishment. (1) Not withstanding anything contained in any other law for the time being in force, Government may constitute an establishment to be known as Anti Corruption Establishment for the investigation of offences set forth in the Schedule, and for holding preliminary inquiries for determing whether such offences shall be investigated or departmental inquiries into the conduct of any public servant concerned in such offences shall be held; Ordinance viii of 1948 - - 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 General and such number of officers and such members as may be determined by Government. (3) Subject to the provision of section 4, the pay and other conditions of service of the Director General, officers and members of the Establishment shall be such as may be determined by Government. (4) Subject to any orders or rules which Government may make in this behalf, the Director General, officers and members of the Establishment shall for the purpose of any preliminary enquiry or investigation under this Ordinance have throughout the Province of Punjab all the powers of search, arrest of persons and seizure of property and all other powers, duties, privileges and 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 an 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 incharge of a police station discharging the functions of such an officer within the limits of this station. 4. Superintendence and general control. (1) Government shall appoint a person to discharge the functions and perform the duties of Director General under this Ordinance. (2) Subject to such orders as Government may make, the superintendence and general control of the Establishment shall vest in Director General. (3) The Director General shall exercise, in respect of officer 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 Proceedings. No suit or Legal proceedings shall lie against Government or the Director General, 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 rules. (1) 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. 7. Repeal. The Sind Prevention of Bribery and Corruption Act (xxiv of 1950) is hereby repealed. 8. Provisions not in derogation of any other law. The provisions of this Ordinance are in addition to and not in derogation of any other law for the time being in force.

SCHEDULE (Section 3) (a) Offences Punishable under sections 161 to 169, 217 and 218 of the Pakistan Penal Code and as attempts, abetments and conspiracies in relation thereto or connected therewith. Offences punishable under sections 186,188,189,201,332,353,379 to 382,403 to 409, 411 to 420,465, to 468,471 and 477-A of the Pakistan Penal Code, and as attempts, abetments and conspiracies in relation thereto or connected there with, when committed by any public servant as such, or by any person acting jointly with or abetting or attempting to abet or acting in conspiracy with any public servant as such; and Offences punishable under the Prevention of Corruption Act, 1947 and as attempts, abetments and conspiracies in relation thereto or connected therewith.

(b)

(c)