GOVERNMENT OF THE PUNJAB

SERVICES AND GENERAL

ADMINISTRATION DEPARTMENT

Dated Lahore the 07th February 2014

NOTIFICATION
No.SOE-II(S&GAD)3-203/13. In exercise of the powers conferred under
section 6 of the Punjab Anti-Corruption Establishment Ordinance, 1961
(XX of 1961), Governor of the Punjab is pleased to make the following
rules:
1. Short title and commencement.– (1) These rules may be cited
as the Punjab Anti-corruption Establishment Rules 2014.
(2) They shall come into force at once.
2. Definitions.– (1) In these rules:
(a) “Additional Director General” means the Additional
Director General of the Establishment at the
Headquarters;
(b) “Assistant Director” means an Assistant Director of
the Establishment;
(c) “Chief Minister” means the Chief Minister of the
Punjab;
(d) “Chief Secretary” means the Chief Secretary to the
Government;
(e) “Circle Officer” means an officer posted by the
Establishment as Circle Officer in a district;
(f) “Deputy Director” means a Deputy Director of the
Establishment;
(g) “Director” means the Director of a Region;
(h) “ex-officio Deputy Director” means the District
Coordination Officer of the concerned District
Government;
(i) “ex-officio Director” means an officer of the rank of
an Additional Secretary who deals with administration
or establishment matters or an officer in the same
rank nominated as such by the administrative
department;
(j) “Head of Attached Department” means an officer in
charge of an Attached Department declared as such
by the Government;
(k) “judicial action” means the decision to submit a report
to the court of competent jurisdiction under section
173 read with section 170 of the Code of Criminal
Procedure, 1898 (V of 1898);
(l) “Ordinance” means the Punjab Anti-Corruption
Establishment Ordinance 1961 (XX of 1961); and
 (m) “Region” means an area within the jurisdiction of a
Director.
(2) The expressions used but not defined in these rules and
defined in the Ordinance shall have the same meanings as are assigned
to them in the Ordinance.
3. Ex-officio Director and ex-officio Deputy Director.– (1) The
jurisdiction of an ex-officio Director extends to his Department and
attached departments and the jurisdiction of an ex-officio Deputy
Director extends to the whole of the concerned district for purposes of
holding an enquiry and making recommendations to the Director
General for registration of a case.
(2) While holding an enquiry, an ex-officio Director and ex-
officio Deputy Director shall exercise the same powers as are
respectively vested in a Director or a Deputy Director.
(3) If, after a preliminary enquiry, an ex-officio Director or an
ex-officio Deputy Director is of the view:
(a) that there is no ground to proceed further in the
matter, he shall, after recording reasons, drop the
proceedings and shall inform the complainant, if any;
(b) that there are reasonable grounds to initiate
disciplinary action but there are not sufficient grounds
for registration of criminal case, he shall refer the
case along with the relevant record to the appointing
authority of the accused public servant for disciplinary
action under the law for the time being in force; and
(c) that there are sufficient grounds to register a criminal
case, he shall refer the case, along with complete
record of the case, to the Director General.
4. Action by Director General.– (1) The findings of the ex-officio
Director or ex-officio Deputy Director received under clause (c) of sub-
rule (3) of rule 3 shall respectively be construed as the findings of a
Director or a Deputy Director.
(2) If the Director General agrees to the findings referred to
him under clause (c) of sub-rule (3) of rule 3, he may proceed with the
registration of criminal case but if he is not so satisfied, the Director
General may direct such further inquiry as may be necessary.
5. Preliminary enquiry.– (1) On a complaint received from the
Government, a Head of an Attached Department or other reliable
sources, the Establishment shall conduct a preliminary enquiry against
a public servant.
(2) Subject to sub-rule (3), a Deputy Director or an officer of or
above his rank may initiate a preliminary enquiry to ascertain the
identity of the complainant or informer and the veracity of the facts
mentioned in the complaint or the information.
(3) The enquiry mentioned in sub-rule (2) against a District
Coordination Officer of a District Government, a Commissioner of a
Division, a Secretary to the Government, a Head of an Attached
Department, and any other officer of BPS-20 and above shall be
initiated by the Director General with the prior permission of the Chief
Minister but in case any of those officers is in BPS-19, such permission
may be accorded by the Chief Secretary but the Director General may,
without any such permission, contact the complainant or the informer
to ascertain his identity and the evidence available with him, if any, in
support of the complaint.
(4) After initiation of a preliminary enquiry, the concerned
public servant, on the first date of hearing, shall be provided, free of
cost, a copy of the complaint along with the annexes, if any.
6. Registration of case etc.– (1) If the facts so warrant, the
Establishment may register a criminal case against the accused public
servant under the Prevention of Corruption Act, 1947 (II of 1947) and
under such sections of the Pakistan Penal Code, 1860 (XLV of 1860) as
are mentioned in the Schedule appended to the Ordinance.
(2) Subject to sub-rule (3), no criminal case shall be registered
under sub-rule (1) unless approved in writing by the officer of the
Establishment mentioned below against each category:
(a) Public servants in BPS-1 to BPS- Not below Deputy
16 Director
(b) Public servants in BPS-17 & BPS- Not below a Director
18
(c) Public servants in BPS-19 & Director General.
above
(3) Subject to sub-rule (4), no case shall be registered against
a District Coordination Officer of a District Government, a
Commissioner of a Division, a Secretary to the Government, a Head of
an Attached Department, and any other officer of BPS-20 and above
without prior permission in writing of the Chief Minister but in case any
of those officers is in BPS-19, such permission may be accorded by the
Chief Secretary.
(4) No permission shall be required for registration of a case
against a public servant caught as a result of trap arranged by the
Establishment under the supervision of a Magistrate, in the act of
committing an offence specified in the Schedule to the Ordinance but in
that case a report shall immediately be made to the Chief Secretary,
the Administrative Secretary and the immediate supervisory officer of
the public servant concerned if he is in BPS-16 and above and to the
appointing authority and the immediate supervisory officer if the public
servant is in BPS-15 and below.
(5) If the competent authority under sub-rule (2) decides not
to register a case, it shall record reasons there for.
(6) On completion of an enquiry:
(a) if the allegations are not substantiated, the enquiry
shall be dropped under written orders of the authority
mentioned in sub-rule (2) or sub-rule (3) of rule 6
and intimation to that effect shall be sent to the
concerned public servant and his departmental
authorities; and
(b) if sufficient evidence is not available for registration of
a case but there is reasonable evidence on record for
 initiation of disciplinary action against the public
servant, the authority mentioned in sub-rule (2) or
sub-rule (3) of rule 6 shall refer the matter along with
the complaint and complete record of enquiry and
findings to the concerned departmental authority for
disciplinary action under the law for the time being in
force.
7. Arrest.– (1) Subject to sub-rule (2), the Establishment may, if
necessary in public interest, arrest an accused public servant but no
public servant in BPS-18 and above shall be arrested without prior
permission in writing of the authority mentioned below:

Sr Category of Public Servants Authority

#
(a) Subject to entry at Sr # (b), officers in Additional Chief
BPS-18 and 19. Secretary
(b) Secretaries to the Government, Heads of Chief Secretary
Attached Departments, Commissioners,
District Coordination Officers and officers
in BPS-20 and above.

(2) No permission in terms of sub-rule (1) shall be required for

arrest of a public servant caught as a result of trap arranged by the
Establishment under the supervision of a Magistrate, in the act of
committing an offence specified in the Schedule to the Ordinance but in
that case a report shall immediately be made to the Chief Secretary,
the Administrative Secretary and the immediate supervisory officer of
the public servant concerned if he is in BPS-16 and above and to the
appointing authority and the immediate supervisory officer if the public
servant is in BPS-15 and below.
8. Information to the Department.– (1) As soon as may be after
the registration of a case against a public servant, the Establishment
shall convey to the Administrative Secretary and his immediate
supervisory officer if the public servant involved is in BPS-16 or above
and to the appointing authority and immediate supervisory officer in
case of a public servant in BPS-15 and below, a gist of the facts and
allegations warranting the registration of the case.
(2) As soon as may be after the arrest of a public servant, the
Establishment shall inform the authorities mentioned in sub-rule (1) of
the date of arrest and the offence for which the public servant has been
arrested.
9. Traps.– In all cases of raids, the Establishment shall request the
Sessions Judge of the District or, in his absence, any Additional District
and Sessions Judge nominated for the purpose to depute a Magistrate
for supervising the raid.
10. Dropping of case or reference for departmental action.– (1)
The following procedure shall be followed for dropping a case or, as the
case may be, recommending disciplinary action:
 (a) on completion of investigation, if the allegations are
not established, the case shall be dropped and
intimation to that effect shall be sent to the
concerned administrative department and the public
servant; and
(b) if after investigation, it is found that judicial action is
not warranted but reasonable evidence is available to
initiate disciplinary action against the public servant,
the Establishment shall, after the confirmation of the
cancellation report by the concerned court, refer the
matter to the competent authority for initiation of
such action in accordance with law for the time being
in force.
(2) The authorities competent to pass an order for purposes of
dropping a case or recommending disciplinary action in terms of sub-
rule (1) shall be as under:
(a) Director, in case of public servants up to BPS-17;
(b) Director General, in case of public servants up to
BPS-18;
(c) Additional Chief Secretary, for public servants in BPS-
19 except those mentioned in clause (e);
(d) Chief Secretary, in case of public servants in BPS-20,
except those mentioned in clause (e); and
(e) Chief Minister, in case of District Coordination
Officers, Commissioners of Divisions, Administrative
Secretaries and other officers in BPS-21 and above.
(3) The Establishment shall forward the facts of the case, draft
charge sheet, list of witnesses and documents, if any, to the competent
authority for initiation of disciplinary proceedings.
(4) On receipt of a reference for disciplinary proceedings, the
competent authority shall initiate such proceedings in accordance with
the law for the time being in force.
(5) The competent authority shall promptly convey to the
Establishment the final order passed in the disciplinary proceedings
along with a copy of the inquiry report.
(6) Copies of final report of the cases dropped shall not be
supplied to any one without the prior permission in writing of the
Director at the Region and the Director General at the Headquarters.
11. Approval of judicial action.– The following authorities shall be
competent to approve judicial action against a public servant:
(a) Director, in case of a public servant up to BPS-18; and
(b) Director General, in case of a public servant in BPS-19 and
above.
12. Senior public servants involved along with junior public
servants.– For purposes of dropping a case after investigation or
referring it for disciplinary proceedings or approving judicial action, the
authority competent to pass such an order in respect of the public
servant in the highest pay scale shall also be the authority for all other
public servants involved in the case.
13. Police Stations.– The Establishment shall register a case at the
Police Stations of the Establishment having jurisdiction.
14. Application of the Punjab Police Rules.– The Establishment
shall, as far as may be, follow the provisions of the Punjab Police Rules
for the time being in force for purposes of inquiry and investigation of
offences specified in the Schedule.
15. Suo moto powers.– (1) The Director may, on his own motion or
otherwise, call for the record of any case or enquiry, pending in any
District of the Region, examine it and give such directions as may be
necessary for the speedy, fair and just disposal of the case.
(2) The Director General may, on his own motion or otherwise:
(a) call for the record of any case or enquiry pending
investigation with the Establishment, examine it and
give such directions as may be necessary for speedy,
fair and just disposal of the case;
(b) call for the record of any case or enquiry for purposes
of satisfying himself as to the correctness or the
propriety of any decision taken by Director, ex-officio
Director or ex-officio Deputy Director under these
rules, and may pass such orders as may be deemed
fit.
(3) The Chief Secretary may, on his own motion or otherwise,
call for the record of any case or enquiry, for purposes of satisfying
himself as to the correctness or propriety of any decision taken by the
Director General under these rules, and may pass such order as
deemed fit.
(4) The Chief Minister may, on his own motion or otherwise,
call for the record of any case or enquiry, pending or finalized, for
purposes of satisfying himself as to the correctness or propriety of any
decision taken by any authority under these rules and may pass such
orders as deemed fit.
16. Provincial Anti-Corruption Committee.– (1) There shall be a
Provincial Anti-Corruption Committee consisting of the following:
(a) Chief Minister or Provincial (Chairman)
Minister to be nominated by
the Chief Minister;
(b) Vice Chairman to be (Vice Chairman)
nominated by the Chief
Minister;
(c) Three Members of Provincial Members
Assembly to be nominated by
the Chief Minister;
(d) Chief Secretary to the Member
Government;
(e) Additional Chief Secretary of Member
the Government, Services
and General Administration
Department;
(f) Chairman, Chief Minister’s Member
 Inspection Team;
(g) Secretary to the Government, Member
Home Department;
(h) Three Administrative
Secretaries to be nominated Members
by the Chief Minister;
(i) Secretary to Provincial Member
Ombudsman, Punjab; and
(j) Director General of the (Member/Secretary)
Establishment.
(2) The Provincial Anti-Corruption Committee may:
(a) review the progress of anti-corruption cases in the
Province;
(b) record observations and make recommendations in
respect of cases processed by the Establishment;
(c) highlight factors giving rise to corruption and make
recommendations to the Government for remedial
actions; and
(d) recommend to the Government the steps for the
eradication of corruption in the Province or for
achieving the objectives of the Establishment.
(3) The Committee shall meet at least once in every six months
on such date and time as the Chairman may determine.
(4) The Director General shall make arrangements for the
meeting and shall maintain a record of minutes of each meeting.
17. Repeal and savings.– (1) The Punjab Anti-Corruption
Establishment Rules, 1985 are hereby repealed.
(2) The cases registered and investigations or enquiries
undertaken under the repealed rules immediately before the
commencement of these rules shall be further processed under these
rules from the stage up to which they had been completed under the
repealed rules.

CHIEF SECRETARY
GOVERNMENT OF THE PUNJAB