POLICE (AMENDMENT) ORDER, 2001
CHIEF EXECUTIVE'S ORDER 7 OF 2001
An Order further to amend the Police Act, 1861
[Gazette of Pakistan, Extraordinary, Part I, 13th August, 2001]
F. No.2(4)/2000-Pub., dated 12th August, 2001---The following Order made by the Chief Executive is hereby published for genera information:--
Whereas it is expedient further to amend the Police Act, 1861 (V of 1861), for the purposes hereinafter appearing;
And whereas all laws, as specified in Article 5 of the Provisional Constitution Order No. 1 of 1999, continue in force subject to Orders of the Chief Executive;
And whereas for effecting implementation of devolution of power at gross-root level it is expedient to effect amendments in the police law regarding responsibility of police officer ,to elected representatives;
Now, therefore, in pursuance of the Proclamation of Emergency of the fourteenth day of October, 1999, 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 an promulgate the following Order:--
1. Short title, extent and commencement. ---(1) This Order may be called the Police (Amendment) Order, 2001.
(2) It extends to the whole of Pakistan.
(3) It shall come into force on the fourteenth day of August, 2001.
2. Amendment of section 1, Act V of 1861.---In the said Act, in section 1,--
(a) for the first paragraph the following shall be substituted, namely:- --
"the word "Zila Nazim" shall mean an elected person who heads the District Government under the local government law; "; and
(b) for the fifth paragraph following shall be substituted, namely:--
"the words "District Superintendent" and District Superintendent of Police" shall include an Inspector-General of Police appointed by the Provincial Government to head the Police force in a general police District notified as a City District;".
3. Amendment of section 2, Act V of 1861.---In the said Act, in section 2, in the first paragraph,--
(a) after the word "Government', occurring for the first time, the word "in a general police district" shall be inserted; and
(b) for the full-stop, at the end, a colon shall be substituted and thereafter the following provisos shall be added, namely:-
"Provided that in a general police district notified as City District, the police force shall be organized on functional basis:
Provided further that no recruitment or induction in the police force shall be made except in the rank of constable. "
4. Amendment of section 4, Act V of 1861.--- In the said Act, in section 4, in the second paragraph for the words and commas" throughout the local jurisdiction of the Magistrate of the district shall, under the general control and direction of such Magistrate, be vested" the words" in a district shall vest" shall be substituted.
5. Substitution of section 5, Act V of 1861.---In the said Act, for section 5 of the following shall be substituted, namely:--
"5. ++Relationship of District Superintendent of Police with Zila Nazim.++---(1) The District Superintendent of Police shall be responsible to the Zila Nazim for all matters concerning implementation of the law for the maintenance of public order in the district and in. carrying out this responsibility, the District Superintendent shall keep the Zila Nazim informed of all major developments or events affecting, or likely to affect, the public order and shall consult him in such matters for his support for coordination with and assistance by offices of the District Government.
(2) In case of an unlawful or motivated order issued by any authority, the District Superintendent shall seek recourse to the District Public Safety Commission whose decision shall prevail.
(3) In cases of difference of opinion between the Zila Nazim and the Provincial Government on matters concerning public order, the decision of the Provincial Government shall prevail.
(4) The responsibility for administration of force, conduct of individual operations and investigations of criminal cases shall rest with the police hierarchy."
**6. Substitution of section 13, Act V of 1861.---**In the said Act, for section 13 of following shall be substituted, namely:--
"13. ++Additional police officers employed at cost of individuals.++---(1) the application of any person, for the reasons to be recorded in writing, District Superintendent may, subject to the approval of the Inspector General, depute any additional number of police officers to keep the peace at any place within the General Police District, and for such time as shall be deemed proper.
(2) The additional police officers referred to in subsection (1) shall be exclusively under the orders of the District Superintendent and the cost thereof shall be borne by person making the application:
Provided that it shall be lawful for the person making the application, on giving one month's notice in writing to the District Superintendent, to require that the police officers so deputed shall be withdrawn; and such person shall be relieved from the cost of such additional force from expiration of such notice."
**7. Omission of section 15, Act V of 1861---**In the said Act, section 15 shall be omitted.
**8. Omission of section 15-A, Act V of 1861.---**In the said Act, section 15-A shall be omitted. '
**9. Substitution of section 16, Act V of 1861.---**In the said Act, for section 16 the following shall be substituted, namely:--
"16. ++Recovery of money savable under sections 13 and 14.++---Any arrears of moneys payable under sections 13 and 14 shall be recoverable by the District Officer (Revenue) as arrears of land revenue.".
10. Amendment of section 17, Act V of 1861.---In the said Act, in section 17,--
(a) for the words "any police-officer not below the rank of Inspector to apply to the nearest Magistrate" the words "the District Superintendent of Police" shall be substituted; and
(b) the commas, semi-colon and word " ; and the magistrate to whom such application is made shall, unless he sees cause to the contrary, comply with the application" shall be omitted.
11. Omission of section 19, Act V of 1861.---In the said Act, section 19 shall be omitted.
12. Omission of section 21, Act V of 1861.---In the said Act, section 21 shall be omitted.
13. Amendment of section 23, Act V of 1861.--In the said Act, in section 23, after the word "all", occurring for the first time, the word "lawful" shall be inserted.
14. Substitution of section 25, Act V of 1861.---In the said Act, for section 25 of the following shall be substituted, namely:--
"25. ++Police Officer to take charge of unclaimed property.-++--(1) It shall be the duty of every police officer to take charge of all unclaimed property and to furnish an inventory to the District Superintendent of Police who shall send a copy of the inventory to the District Public Safety Commission.
(2) The District Superintendent shall be guided as to the disposal of unclaimed property by the orders of the District Public Safety Commission as may be given by it in this behalf.".
15. Amendment of section 26, Act V of 1861.---In the said Act, in section 26,--
(a) in the marginal note for the word "Magistrate" the words "District Superintendent" shall be substituted; and
(b) for the words "Magistrate for the District" the words "District Superintendent" shall be substituted.
**16. Amendment of section 27, Act V of 1861.-----**In the said Act, in section 27, in subsection (1), for the words "Magistrate of the District" the words "District Public Safety Commission" shall be substituted.
**17. Amendment of section 30, Act V of 1861.-----**In the said Act, section 30, in subsection (2), for the words and commas "the judgment of the Magistrate of the District, or of the sub-division of a district," the words and comma "his judgment, if uncontrolled," be substituted.
18. Amendment of section 30-A, Act V of 1861.----In the said Act, in section 30-A, in subsection (1), for the words "Any magistrate or" the word "A" shall be substituted.
19. Omission of section 33, Act V of 1861.---In the said Act, section 33 shall be omitted.
20. Insertion of new section 33-A, Act V of 1861.---In the said Act, after section 33, omitted as aforesaid, the following new sections shall be inserted, namely:--
"33-A. ++Powers to make rules regarding use of streets, etc.++---(1) In any town or other place in which he thinks fit, the District Superintendent may, from time to time and subject to such order as may have been made by a municipal or other authority empowered in that respect, make rules or orders for-
(a) closing certain streets or places temporarily, in cases of danger from ruinous buildings or other cause, with such exceptions as shall appear reasonable;
(b) guarding against injury to persons and property in the construction, repair and demolition of buildings, platforms and other structures from which danger may arise to passengers, neighbours or the public;
(c) regulating the leading, driving, conducting or conveying of any elephant or wild or dangerous animal through or in any street;
(d) prohibiting the hanging or placing of any cord or pole across a street or part thereof, or the making of a projection or structure so as to obstruct traffic or the free access of light and air;
(e) prescribing certain hours of the day during which ordure and offensive matter or objects shall not be taken from or into houses or buildings in certain streets or conveyed through such streets and during which cattle shall not be driven along the streets or along certain specific, streets, except subject to such reasonable regulations as he may prescribe in that behalf;
(f) prohibiting the setting fire to or burning any straw or discharging a fire-arm or air gun, or letting off or throwing a firework, or sending up a fire balloon in or other matter, or fighting a bonfire, or wantonly upon of within fifty feet of a street or building or the butting up of any post or other thing on the side of or across a street for the purpose of affixing thereto lamps or other contrivances for illumination, except subject to such reasonable regulations as he may prescribe in that behalf;
(g) prohibiting, save under such reasonable regulations as the District Superintendent may impose, the making of any excavation the placing of building materials or other articles, or the fastening or detention of any horse or other animal in any street;
(h) prohibiting, save under such regulations as aforesaid, the exposure or movement in any street of persons or animals suffering from contagious or infectious diseases and the carcasses of animals or part thereof and the corpses of persons deceased;
(i) setting apart places for the slaughtering of animals, the cleaning of carcasses or hides, the deposit of noxious or offensive matters, and of obeying calls of nature;
(j) in cases of existing or apprehended epidemic or infectious diseases of men or animals, with respect to cleanliness and dis infection of premises by the occupier thereof and residents therein, and as to the segregation and management of the persons or animals diseased or supposed to be diseased, as may be directed or approved by the Provincial Government with a view to prevent the disease or to check the spreading thereof;
(k) directing the closing or disuse, wholly or for certain purposes, of limiting the certain purposes only the use, of any source, supply or receptacle of water and providing against pollution of the same or of the water, therein;
(l) regulating the hours during which and the manner in which any place for the disposal of the dead, any Sarai, village-gate or other place of public resort may be used, so as to secure the equal and appropriate application of its advantages and accommodation and to maintain orderly conduct amongst those who resort thereto;
(m) regulating the movement of persons, animals and vehicle at such times and such places at which, in the opinion of the District Superintendent, special regulations may be necessary for the public safety and convenience; and
(n) prescribing the number or position of lights to be used on vehicles to streets and the hours between which such lights shall be used
(2) Every rule or order made under clause (h) or clause (i) with respect to the use of a place for the disposal of the dead shall be made with due regard to ordinary and established usages and to the necessities of prompt disposal of the dead in certain cases, and every rule or order made by the District Superintendent under clauses (c), (e), (f), (g), (h), (i) or (n) shall be published by affixing a copy thereof, in the language of district on some public building in the town or place in which the same is to have operation; and a copy, in the language of the district, of every rule or order made under clauses (a), (b), (j), (k) or (l) shall be kept affixed in a conspicuous spot near to the building, structure, work or place to which the same specially relates.
(3) Every rule promulgated under the authority of clause (j) of subsection (1) shall be forthwith reported to the Zila Nazim and shall remain in force for not more than fifteen days unless extended by the Zila Nazim.
(4) It shall be the duty of all persons concerned to conform to any order duly made as aforesaid so long as the same shall be in operation.".
**21. Insertion of sections 34-A and 34-B, Act V of 1861.--**In the said Act, after section 34, the following new sections shall be inserted, namely:-
34-A. ++Penalty for contravention of any rule or order made under sec tion 33-A++.---Whoever contravenes any rule or order made under section 33-A or abets the commission of any such offence shall be published with fine which may extend to two hundred rupees.
34-B. ++Summary disposal of cases.++---(1) A Court taking cognizance of an offence punishable under section 34 or section 34-A may state upon the summons to be served on the accused persons that he--
(a) may appear by pleader and not in person; or
(b) may, by a specified date prior to the hearing of the charge, plead guilty to the charge by registered letter and remit to the Court such sum not exceeding twenty-five rupees as the Court may specify.
(2) The accused person shall, if he pleads guilty to the charge, forward his licence, if any, to the Court with a letter containing his plea in order that the conviction may be endorsed on the licence.
(3) Where an accused person pleads guilty and remits the sum specified and has complied with the provisions of subsection (2), no further proceedings in respect of the offence shall be taken against him, nor shall be liable to be disqualified for holding or obtaining a licence by reason of his having pleaded guilty.
22. Amendment of section 44, Act V of 1861.---In the said Act, in section 44, the second paragraph shall be omitted.
23. Substitution of section 47, Act V of 1861.--In the said Act, for section 47 the following shall be substituted, namely:--
"47. ++Authority of District Superintendent over village police.-----++It shall be lawful for the Provincial Government in carrying out this Act into effect in any part of the Province to declare that the authority over village watchman or other village police officer for the purpose of police shall be exercised by the District Superintendent of Police.".
24. Addition of sections 48 to 58, Act V of 1861.----In the said Act, after section 47, the following new sections shall be added, namely:--
"48. ++District Public Safety Commission its establishment composition etc++.---(1) In every district, the Provincial Government shall, by a notification in the official Gazette establish a District Public Safety Commission consisting of eight, ten or twelve members depending upon the size of the district.
(2) Half of the members of the Commission shall be elected by the Zila Council from amongst its councilors in the manner as may be prescribed, while the other half of the members hereinafter to be called independent members shall be appointed by the Chief Executive of the Province from a list of persons recommended by the District Selection Panel.
(3) As far as practicable, one-third of both the elected and the independent members of the Commission shall be women.
(4) The members of the Commission shall, from amongst themselves, elect a Chairperson:
Provided that until the appointment of independent members, those elected by the Zila Council under subsection (3) shall constitute the Commission.
49. District Selection Panel for the appointment of independent members.---(1) There shall be a District Selection Panel for the independent members consisting of District and Sessions Judge who shall be its Chairperson, and one nominee each of the Chief Executive of the Province and Zila Nazim who shall not be holder of any elective office nor shall be a public servant.
(2) The selection of independent members shall be by consensus.
(3) The selection process shall be completed within thirty days.
50. Procedure for selection of independent members.---(1) The District Selection Panel shall invite applications or nomination from organizations for selection of independent members.
(2) The eligible and willing candidates shall be called for interview.
(3) The District Selection Panel shall select double the number of persons than the number of ' independent members to be appointed as members of the Commission.
(4) The list of the persons referred to in subsection (3) shall, accompanied by complete particulars of such person, be forwarded to the Chief Executive of the Province or appointment of the independent members under section 48.
51. Selection criteria.--(1) No person shall be selected or appointed as independent member who is activist of any political party, holds or has held any representative office or has remained public servant in the last two years immediately preceding his appointment or who is otherwise disqualified under the provisions of subsection (2).
(2) A person shall be disqualified from becoming a member if--
(a) he is of unsound mind and has been so declared by a competent Court; or
(b) he is or has been declared as bankrupt, loan defaulter or tax evader; or
(c) he ceases to be citizen of Pakistan; or
(d) he holds an office of profit in the service of Pakistan; or
(c) he is in the service of any statutory body or any establishment or corporation which has been established or is owned or controlled by the Government or in which the Government has a controlling share or interest; or.
(f) he has been dismissed, removed or compulsorily retired from the service of Pakistan on ground of misconduct; or
(g) he has been convicted for any offence; or
(h) he is not of impeachable integrity and proven professional competence in such fields as social work, law, administration, education, corporate sector, etc.
52. Establishment of Capital city District Public Safety Commission.--(1) Every Provincial Government shall establish a Capital City District Public Safety Commission for Provincial headquarters consisting of twelve members each.
(2) Three members of the commission referred to in subsection (1) shall be elected by the respective Zila Council from amongst its members in the manner as may be prescribed by rules and three members shall be elected by each Provincial Assembly from amongst its members, as far as practicable, in proportion to the strength of the political parties in the Assembly.
(3) The remaining six members shall be independent members to be appointed by the Chief Executive of the Province from a list of persons recommended by the Capital City District Selection Panel.
(4) As far as practicable, one-third of both the elected and the independent members of the Commission shall be women.
(5) The members of the Commission shall, from amongst themselves, elect a Chairperson:
Provided that until elections to the Provincial Assembly are help, the members under subsection (3) shall be appointed by the Chief Executive of the Province:
Provided further that until appointment of independent member is made, the members elected by the Zila Council under subsection (2) and those appointed by the Chief Executive of the Province under proviso to subsection (5) shall constitute the Commission.
53. Capital City District Selection Panel for the appointment of independent members.---(1) There shall be a Capital City District Selection Panel for the preparation of the list of the persons for appointment a: independent members consisting of Chief Justice of the High Court who shall be its Chairperson, and one nominee each of the Chief Executive of the Province and Zila Nazim who shall not be holder of any elective office no; shall be a public servant.
(2) The selection for independent members shall be by consensus.
54. Procedure for selection of independent members.--The procedure provided under sections 50 and 51 shall be applicable for selection of the names of the independent members of the Capital City District Public Safer Commission.
55. Functions of the District Public Safety Commission.---(1) The functions of the District and Capital City District Public Safety Commission shall be to--
(a) provide recourse to the District Superintendent of Police for reporting against any unlawful of motivated order from any authority received by him or any officer subordinate to him;
(b) determine in consultation with the District Superintendent, objectives for the policing of the district for each financial year;
(c) approve a local policing plan prepared by the District Superintendent in consultation with the Zila Nazim setting out the arrangements for the policing of the district during the year:
Provided that the local policing plan prepared in consultation with the District Superintendent shall include--
(i) a statement of the financial resources expected to be made available by the provincial/local governments; and
(ii) performance targets for the year and their delivery mechanism;
(d) evaluate the delivery of performance targets on quarterly basis and send half-yearly reports to all relevant authorities;
(e) publish the local policing plan by end of June every year for the next financial year;
(f) publish an annual report of the policing of the district by the 30th September each year, including targets achieved during the year;
(g) forward copies of the local policing plan and annual reports to the Inspector-General of Police;
(h) receive from the District Superintendent, before end August each year, a general report on the policing of the district during the previous year; and
(i) seek to enhance police-public cooperation, by facilitating the creation of Citizen Police Liaison Committees.
(2) The Commission may recommend financial incentives for good work done by any police officer.
(3) The Commission may, subject to rules establish independent reporting centers for registration of First Information Reports.
56. Terms of members of the Commission.---(1) The term of the independent members of the District and Capital City District Public Safety Commission shall be four years:
Provided that no independent member shall be appointed for a second term.
(2) Independent members may be entitled to traveling and daily allowance as may be prescribed.
57. Removal of members.---(1) The Chief Executive of a Province may remove a member from office. if he --
(a) is found suffering from any physical or mental incapacity or illness;
(b) is convicted of a criminal offence;
(c) is declared a bankrupt, a loan defaulter or a tax evader;
(d) brings the Commission into disrepute; or
(e) fails to attend three consecutive meetings without any reasonable cause.
58. Secretariat.---The District Government shall provide the Secretariat of the Commission headed by a full-time officer not below BS-17 and such staff as it may deem appropriate.".