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  "title": "Police Order, 2002",
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  "text": "Page 1 of 67 \r\n \r\n \r\n \r\n \r\nTHE POLICE ORDER, 2002 \r\n \r\n \r\n \r\n                    \r\n                 CONTENTS \r\n \r\nCHAPTER I \r\nPRELIMINARY \r\n1.  Short title, extent and commencement \r\n2.  Definitions \r\nCHAPTER II \r\nRESPONSIBILITIES AND DUTIES OF THE POLICE \r\n3.  Attitude and responsibilities of police towards the public \r\n4.  Duties of police \r\n5.  Emergency duties of police with regard to essential services \r\nCHAPTER III \r\nCONSTITUTION AND ORGANIZATION OF THE POLICE \r\n6.  Separate police establishment for each general police area \r\n7.  Constitution of police \r\n8.  Police to be organized on functional basis \r\n9.  Superintendence of police \r\n10.  Administration of the police \r\n11.  Posting of Provincial Police Officer, Capital City Police Officer and Head of Federal Law \r\n Enforcement Agency \r\n \r\n\r\n \r\nPage 2 of 67 \r\n \r\n12.  Term of office of Provincial Police Officer, Capital City Police Officer and Head of a Federal Law \r\n Enforcement Agency \r\n13.  Posting of Additional Inspectors General of Police \r\n14.  Appointment of experts \r\n15.  Posting of City Police Officer and District Police Officer \r\n16.  Administration of police in a district \r\n17.  Posting of Deputy Inspector General, Senior Superintendent, Superintendent, Assistant \r\n Superintendent, Deputy Superintendent \r\n18.  Posting of head of investigation \r\n19.  Appointment of Director of Police Communications etc. \r\n20.  Posting of heads of police training institutions \r\n21.  Constitution of regions and divisions etc. \r\n22.  Transfer to other police establishment \r\n23.  Appointment of junior ranks \r\n24.  Oath or affirmation by members of police \r\n25.  Certificate of appointment \r\n26.  Suspension of police officer \r\n27.  General powers of Provincial Police Officer etc. \r\n28.  Powers of Provincial Police Officer, Capital City Police Officer and City Police Officer concerning \r\n police accounts \r\n29.  Appointment of special police officers \r\n30.  Appointment of additional police \r\n31.  Ministerial staff etc. \r\nCHAPTER IV \r\nRESPONSIBILITIES OF THE HEAD OF DISTRICT POLICE \r\n32.  Policing Plan \r\n33.  Relationship of District Police with Zila Nazim etc. \r\n34.  Police support to Government functionaries, etc. \r\n \r\nPage 3 of 67 \r\n \r\n35.  Responsibility on complaints of neglect and excesses by police \r\n36. Reference to Police Complain’s Authority \r\nCHAPTER V \r\n DISTRICT PUBLIC SAFETY COMMISSION  \r\n37.  Establishment \r\n38.  Composition \r\n39.  Appointment of Chairperson \r\n40.  Meeting in the absence of the Chairperson \r\n41.  Selection of independent members \r\n42.  Functions of the Selection Panel \r\n43.  Selection criteria of independent members \r\n44.  Functions of the District Public Safety Commission \r\n45.  Terms of members of the District Public Safety Commission \r\n46.  Removal of members \r\n47.  Meetings and conduct of business of the District Public Safety Commission \r\n48.  Secretariat \r\n_______ \r\nCHAPTER VI \r\n \r\nCAPITAL CITY DISTRICT PUBLIC SAFETY COMMISSION \r\n49.  Establishment \r\n50.  Composition \r\n51.  Appointment of Chairperson \r\n52.  Meeting in the absence of the Chairperson \r\n53.  Selection of independent members \r\n54.  Functions of the Selection Panel \r\n55.  Selection criteria of independent members \r\n56.  Functions of the Capital City District Public Safety Commission \r\n57.  Terms of members of the Capital City District Public Safety Commission \r\n \r\nPage 4 of 67 \r\n \r\n58.  Removal of members \r\n59.  Meetings and conduct of business of the Capital City District Pubic Safety Commission \r\n60.  Secretariat \r\nCHAPTER VII \r\nISLAMABAD DISTRICT PUBLIC SAFETY COMMISSION \r\n61.       Establishment  \r\n62.  Composition \r\n63.  Appointment of Chairperson \r\n64.  Meeting in the absence of the Chairperson \r\n65.  Selection of independent members \r\n66.  Functions of the Selection Panel \r\n67.  Selection criteria of independent members \r\n68.  Functions of Islamabad District Public Safety Commission \r\n69.  Terms of members of the Islamabad District Public Safety Commission \r\n70.  Removal of members \r\n71.  Meetings and conduct of business of the Islamabad District Public Safety Commission \r\n72.  Secretariat \r\nCHAPTER VIII \r\nTHE PROVINCIAL PUBLIC SAFETY COMMISSION \r\n73.  Establishment \r\n74.  Composition \r\n75.  Appointment of Chairperson \r\n76.  Meeting in the absence of the Chairperson \r\n77.  Selection of independent members \r\n78.  Functions of the Selection Panel \r\n79.  Selection criteria of independent members \r\n80.  Functions of the Provincial Public Safety Commission \r\n \r\nPage 5 of 67 \r\n \r\n81.  Terms of members of the Provincial Public Safety Commission \r\n82.  Removal of members \r\n83.  Meetings and conduct of business of the Provincial Public Safety Commission \r\n84.  Secretariat \r\nCHAPTER IX \r\nTHE NATIONAL PUBLIC SAFETY COMMISSION \r\n85.  Establishment \r\n86.  Composition \r\n87.  Appointment of Chairperson \r\n88.  Meeting in the absence of the Chairperson \r\n89.  Selection of independent members \r\n90.  Functions of the Selection Panel \r\n91.  Selection criteria of independent members \r\n92.  Functions of the National Public Safety Commission \r\n93.  Terms of members of the National Public Safety Commission \r\n94.  Removal of members \r\n95.  Meetings and conduct of business of the National Public Safety Commission \r\n96.  Secretariat \r\nCHAPTER X \r\nPOLICE COMPLAINTS AUTHORITIES \r\n97.  Establishment of Federal Police Complaints Authority \r\n98.  Composition \r\n99.  Criteria and terms of the members \r\n100.  Functions of the Federal Police Complaints Authority \r\n101.  Secretariat \r\n102.  Removal of the members \r\n103.  Establishment of Provincial Police Complaints Authority \r\n \r\nPage 6 of 67 \r\n \r\n104.  Composition \r\n105.  Criteria and terms of the members \r\n106.  Functions of the Provincial Police Complaints Authority \r\n107.  Secretariat \r\n108.  Removal of the members \r\nCHAPTER XI \r\nCRIMINAL JUSTICE COORDINATION COMMITTEE \r\n109.  Establishment \r\n110.  Composition \r\n111.  Functions of the Criminal Justice Coordination Committee \r\nCHAPTER XII \r\nREGULATION, CONTROL AND DISCIPLINE OF THE POLICE \r\n112.  Rule making by Provincial Police Officer or Islamabad Capital City Police Officer \r\n113.  Punishments \r\n114.  Code of Conduct \r\n115.  Police officer at any time liable to be called for duty \r\n116.  Withdrawal from duty and resignation, etc. \r\n117.  Police officer not to engage in any other employment \r\nCHAPTER XIII \r\nPOWERS TO ISSUE ORDERS \r\n118.  Power to issue orders \r\n119.  Power to give direction to the public \r\n120.  Regulation of public assemblies and processions and licensing of same \r\n121.  Powers with regard to assemblies and processions violating the conditions of licence \r\n122.  Power to prohibit certain acts for prevention of disorder \r\n123.  Power to give directions against serious disorder at places of amusement, etc. \r\n124.  Erecting of barriers in streets, etc. \r\n \r\nPage 7 of 67 \r\n \r\n125.  Power to search suspected persons or vehicles in street, etc. \r\n \r\nCHAPTER XIV \r\nSPECIAL MEASURES FOR MAINTENANCE OF PUBLIC ORDER AND SECURITY \r\n126.  Employment of additional police to keep peace \r\n127.  Employment of additional police at the cost of organizers, etc. \r\n128.  Compensation for injury caused by unlawful assembly \r\n129.  Recovery of amount payable under Articles 126 and 127 \r\n130.  Recovered amount to go to treasury \r\n131.  Banning of use of dress resembling uniform of police or armed forces \r\n132.  Control of camps, parades, etc. \r\n133.  Authority of Head of District Police over the village police \r\nCHAPTER XV \r\nRESPONSIBILITIES OF POLICE IN RELATION TO UNCLAIMED PROPERTY \r\n134.  Police to make inventory of unclaimed property, etc. \r\n135.  Procedure for disposal of unclaimed property \r\n136.  Delivery of property to person entitled \r\n137.  Disposal of property, if no claimant appears \r\nCHAPTER XVI \r\nOFFENCES AND PUNISHMENTS \r\n138.  Causing mischief in street by animal or vehicle \r\n139.  Causing obstruction in a street \r\n140.  Wilful or negligent conduct in respect of dogs \r\n141.  Penalty for offences under Articles 138 to 140 \r\n142.  Suffering disorderly conduct \r\n143.  Penalty for contravening orders, etc. under Article 118 \r\n144.  Penalties for contravention of order, etc. under Article 119 and Articles 122 and 123 \r\n \r\nPage 8 of 67 \r\n \r\n145.  Penalty for contravention of orders under Articles 131 and 132 \r\n146.  Penalty for obtaining employment as a police officer through fraudulent means \r\n147.  Warning to first offender \r\n148.  Defiling water in public wells, etc. \r\n149.  False alarm of fire, etc. \r\n150.  Penalty for contravention of orders made under Article 124 \r\n151.  Penalty for unauthorized use of police uniform \r\n152.  Penalty for frivolous or vexatious complaint \r\n153.  Certain offences to be cognizable \r\n154.  Power to try offences summarily \r\nCHAPTER XVII \r\nOFFENCES BY AND PUNISHMENTS FOR POLICE OFFICERS \r\n155.  Penalty for certain types of misconduct by police officers \r\n156.  Penalty for vexatious entry, search, arrest, seizure of property, torture, etc. \r\n157.  Penalty for unnecessary delay in producing arrested persons in courts \r\nCHAPTER XVIII \r\nNATIONAL POLICE MANAGEMENT BOARD \r\n158.  Establishment \r\n159.  Composition \r\n160.  Functions of the National Police Management Board \r\n161.  Meeting and conduct of business of the Board \r\n162. National Police Bureau \r\nCHAPTER XIX \r\nMISCELLANEOUS \r\n163.  Provision of advice and assistance to International Organizations etc. \r\n164.  Coordination by Federal Government \r\n165.  Constitution of Promotion Boards etc. \r\n \r\nPage 9 of 67 \r\n \r\n166.  Criminal Statistics and reports \r\n167.  Maintenance of Daily Diary at a police station \r\n168.  Citizen Police Liaison Committees \r\n169.  Public Safety Fund \r\n170.  Officers holding charge of or succeeding to vacancies competent to exercise powers \r\n171.  No police officer to be liable to any penalty or payment of damages on account of acts done in \r\n good faith in pursuance of duty \r\n172.  Suits or prosecutions in respect of acts done under colour of duty not to be entertained if not \r\n instituted within the prescribed period \r\n173.  Notice of suit to be given with sufficient description of wrong complained of \r\n174.  Licences and written permissions to specify conditions, etc. \r\n175.  Revocation of licence or permission \r\n176.  When licence or permission is revoked, the grantee would be deemed to be without licence \r\n177.  Grantee to produce licence and written permission when required \r\n178.  Public notices how to be given \r\n179.  Consent of competent authority how to be proved \r\n180.  Signature on notices may be stamped \r\n181.  Persons interested may apply to annul; reverse or alter any rule or order \r\n182.  Notification of rules and regulations in the Official Gazette \r\n183.  Powers to prosecute under any other law not affected \r\n184.  Power to amend \r\n185.  Repeal and savings \r\n186.  Existing police deemed to be constituted under this Order \r\n187.  Power to remove difficulties \r\nFIRST SCHEDULE \r\nSECOND SCHEDULE \r\nTHIRD SCHEDULE \r\n \r\n \r\nPage 10 of 67 \r\n \r\nTHE POLICE ORDER, 2002 \r\n[14th August, 2002] \r\nCHIEF EXECUTIVE’S ORDER NO. 22 OF 2002 \r\nAN  \r\n[ \r\nORDER \r\nto reconstruct and regulate the police; \r\n WHEREAS the police has an obligation and duty to function according to the Constitution, law, \r\nand democratic aspirations of the people; \r\n AND WHEREAS such functioning of the police requires it to be professional, service -oriented, \r\nand accountable to the people; \r\n AND WHEREAS it is expedient to redefine the police role, its duties and responsibilities; \r\n AND WHEREAS it is necessary to reconstruct the police for efficient prevention and detection of \r\ncrime, and maintenance of public order; \r\n AND WHEREAS the Chief Executive is satisfied that circumstances exist which render it \r\nnecessary to take immediate action; \r\n NOW, THEREFORE, in pursuance of the Proclamation of E mergency of the fourteenth day of \r\nOctober, 1999, and the Provisional Constitution Order No. 1 of 1999, and in exercise of all powers \r\nenabling him in that behalf, the Chief Executive of the Islamic Republic of Pakistan is pleased to make \r\nand promulgate the following Order:- \r\nCHAPTER I \r\nPRELIMINARY \r\n 1. Short title, extent and commencement.—(1) This Order may be called the Police Order, 2002. \r\n (2) It extends to the whole of Pakistan. \r\n (3) It shall come into force at once 1[except in the Islamabad Capital Territory where it shall come \r\ninto force on the date the local governments assume office in the said territory]. \r\n 2. Definitions.—(1) In this Order, unless the context otherwise requires,— \r\n(i)  ‘Administration’ includes management of administrative, operational and financial \r\nfunctions; \r\n(ii)  ‘Capital City Police Officer ’ means the head of police of a general police area of \r\nthe capital city district who is not below the rank of Additional Inspector General \r\nof Police and is posted under Article 11; \r\n1Added by the Police (Amendment) Order, 2002 (Chief Executive’s Order No. 36 of 2002), s. 2. \r\n \r\nPage 11 of 67 \r\n \r\n(iii)  ‘City Police Officer’ means the head of police of a general police area of the city \r\ndistrict who is not below the rank o f Deputy Inspector General of Police and is \r\nposted under Article 15; \r\n(iv)  ‘Code’ means the Code of Criminal Procedure, 1898 (Act V of 1898); \r\n(v)  ‘Commission’ means a Public Safety Commission established under this Order at \r\nthe national, provincial, or district level; \r\n(vi)  ‘District’ means the district as defined in a Local Government Law; \r\n(vii)  ‘District Police Officer’ means the head of police of a district who is not below the \r\nrank of Senior Superintendent of Police and is posted under Article 15; \r\n(viii)  ‘Federal Law Enforcement Agencies ’ include Federal Investigation Agency,  \r\nPakistan Railway Police, Anti -narcotics Force, Pakistan Motorway and Highway \r\nPolice, Islamabad Police, Frontier Constabulary, and any other Federal or \r\nProvincial organization notified as such by the Government from time to time; \r\n(ix)  ‘General Police Area ’ means a capital city district, a part of a province, or any \r\nterritory for which separate police is established under Article 6; \r\n(x)  “Government” means the appropriate Government; \r\n(xi)  “Head of District Police” means a District Police Officer, City Police Officer or a \r\nCapital City Police Officer; \r\n(xii)  ‘junior ranks’ means members of the police of and below the rank of Inspector as \r\nset out in the First Schedule; \r\n(xiii)  ‘person’ includes community, a company, or corporation; \r\n(xiv)  ‘Place’ includes. - \r\n(a)  any building, tent, booth or other structure, whether permanent or \r\ntemporary; and \r\n(b)  any area, whether enclosed or open. \r\n(xv)  ‘place of public amusement ’ means any place where music, singing, dancing or \r\ngame or any other amusement, diversion, or recreation or the means of carrying on \r\nthe same is provided etc. to which the public are admitted either on payment of \r\nmoney or with the intention that money may be collected from those admitted; \r\n(xvi)  ‘place of public entertainment’ means any place of boarding and lodging to which \r\npublic are admitted by any person owning, or having any interest in, or managing, \r\nsuch place; \r\n(xvii)  ‘Provincial Police Officer’ means head of the police of a general police area of the \r\nrank of Inspector General of Police posted under Article 11; \r\n \r\nPage 12 of 67 \r\n \r\n(xviii)  ‘Police Officer’ means a member of the police who is subject to this Order; \r\n(xix)  ‘Police or Police Establishment ’ means the police referre d to in Article 6 and \r\nincludes— \r\n(a)  all persons appointed as special police officers or additional police officers \r\nunder this Order; and \r\n(b)  all other employees of the police. \r\n(xx)  ‘prescribed’ means prescribed by rules made under this Order; \r\n(xxi)  ‘property’ means any moveable property, money or valuable security; \r\n(xxii)  ‘public place’ means any place to which the public may have access; \r\n(xxiii)  ‘rules’ means rules made under this Order; \r\n(xxiv)  ‘schedule’ means a schedule to this Order; \r\n(xxv)  ‘senior ranks’ means members of the police above the rank of Inspector as set out \r\nin the First Schedule; \r\n(xxvi) ‘street’ includes any highway, bridge, way, causeway, arch, road, lane, footway, \r\nsquare, alley or passage, whether or not it is a thoroughfare and to which the public \r\nhave access, whether permanently or temporarily; and \r\n(xxvii)‘vehicle’ includes any conveyance of any description mechanically \r\npropelled or otherwise. \r\n (2) All references in respect of District Superintendent of Police in any law in force shall mean \r\nHead of District Police posted under Article 11 and Article 15. \r\nCHAPTER II \r\nRESPONSIBILITIES AND DUTIES OF THE POLICE \r\n 3. Attitude and responsibilities of police towards the public. —It shall be the d uty of every \r\npolice officer to— \r\n(a)  behave with the members of the public with due decorum and courtesy; \r\n(b)  promote amity; \r\n(c)  guide and assist members of the public particularly the poor, disabled or physically \r\nweak and children who are either lost or find themselves helpless on the streets or \r\nother public places; and \r\n(d)  aid indi viduals who are in danger of physical harm particularly women and \r\nchildren. \r\n 4. Duties of police.—(1) Subject to law, it shall be the duty of every police officer to— \r\n \r\nPage 13 of 67 \r\n \r\n(a)  protect life, property and liberty of citizens; \r\n(b)  preserve and promote public peace; \r\n(c)  ensure that the rights and privileges, under the law, of a person taken in custody, \r\nare protected; \r\n(d)  prevent the commission of offences and public nuisance; \r\n(e)  collect and communicate intelligence affecting public peace and crime in general; \r\n(f)  keep order and prevent obstruction on public roads and in the public streets and \r\nthoroughfares at fairs and all other places of public resort and in the neighbourhood \r\nof and at the places of public worship; \r\n(g)  regulate and control traffic on public roads and streets; \r\n(h)  take charge of all unclaimed property and to prepare its inventory; \r\n(i)  detect and bring offenders to justice; \r\n(j)  apprehend all persons whom he is legal ly authorised to apprehend and for whose \r\napprehension, sufficient grounds exist; \r\n(k)  ensure that the information about the arrest of a person is promptly communicated \r\nto a person of his choice; \r\n(1)  enter and inspect without a warrant on reliable informat ion any public place, shop \r\nor gaming -house where alcoholic drinks or narcotics are sold or weapons are \r\nillegally stored and other public places of resort of loose and disorderly characters; \r\n(m)  obey and promptly execute all lawful orders; \r\n(n)  perform other duties and exercise powers as are conferred by this Order, the Code \r\nor any other law for the time being in force; \r\n(o)  aid and co-operate with other agencies for the prevention of destruction of public \r\nproperty by violence, fire, or natural calamities; \r\n(p)  assist in preventing members of public from exploitation by any person or \r\norganized groups; \r\n(q)  take charge of lunatics at large to prevent them from causing harm to themselves or \r\nother members of the public and their property; and \r\n(r) prevent harassment of women and children in public places. \r\n  (2)  Police officer shall make every effort to— \r\n(a)  afford relief to people in distress situations, particularly in respect of women \r\nand children; \r\n \r\nPage 14 of 67 \r\n \r\n(b)  provide assistance to victims of road accidents; \r\n(c)  assist accident victims or their heirs or their dependants, where applicable, with \r\nsuch information and documents as would facilitate their compensation claims; and \r\n(d)  cause awareness among the victims of road accidents of their rights and privileges. \r\n (3) It shall be the duty of a police officer to lay information before a competent court and to apply \r\nfor a summons, warrant, search warrant or such other legal process as may, by law, be issued against any \r\nperson suspected of committing an offence. \r\n 5. Emergency duties of police with regard to essential services.—(1) The Government may, in \r\nan emergency, by notification in the Official Gazette, declare any specified service to be an essential \r\nservice to the community. \r\n  (2) upon a declaration being made under clause (1) and so long as it remains in force, it shall be \r\nthe duty of every police officer to obey any lawful order given by a senior police officer in relation to the \r\ndeclaration. \r\nCHAPTER III \r\nCONSTITUTION AND ORGANIZATION OF THE POLICE \r\n 6. Separate police establishment for each general police area.—The Government shall maintain \r\na separate police establishment for every general police area. \r\n 7. Constitution of police.—(1) The police establishment for each general police area shall consist \r\nof such numbers in the senior and junior ranks and have such organization as the Government may from \r\ntime to time determine. \r\n (2) The recruitment criteria, pay and allowances and all other conditions of service of the police \r\nshall be such as the Government may from time to time determine. \r\n (3) The recruitment in the police other than ministerial and specialist cadres shall be in the rank of \r\nConstable, Assistant Sub-Inspector and Assistant Superintendent of Police: \r\n Provided that selection for  direct recruitment in the rank of Assistant Sub -Inspector shall \r\nbe through the appropriate Public Service Commission and shall not exceed twenty -five percent \r\nof total posts in that rank: \r\n Provided further that 25% of the quota for departmental promotions to the rank of Assistant \r\nSub-Inspector shall be filled, subject to rules, through selection by the appropriate Public Service \r\nCommission from graduate Constables or Head Constables of clean record. \r\n (4) The recruitment in the rank of Assistant Superintendent of Police shall be through the Federal \r\nPublic Service Commission on all Pakistan basis. \r\n (5) The recruitment in the rank of Constable and Assistant Sub -Inspector shall be on the basis of \r\nthe district of domicile which for all service matters shall be th eir administrative unit up to the rank of \r\nDeputy Superintendent of Police and only such officers shall be posted to their district of domicile for \r\n \r\nPage 15 of 67 \r\n \r\nfield assignments. There will be no such bar on the posting of officers of other districts for investigation,  \r\ntraffic, security, reserve, and intelligence duties. Subject to rules, Inspectors and Deputy Superintendents \r\nof Police shall be promoted on the basis of provincial seniority. \r\n (6) Every police officer while on police duty shall have all the powers and pri vileges of a police \r\nofficer throughout Pakistan and be liable to serve at any time in any branch, division, bureau and section. \r\n 8. Police to be organized on functional basis. —(1) The police establishment constituted under \r\nArticle 7 shall, as far as practicable, be organised on functional basis into branches, divisions, bureaus and \r\nsections. \r\n (2) The branches, divisions, bureaus and sections referred to in clause (1) may include - \r\n(a)  Investigation; \r\n(b)  Intelligence; \r\n(c)  Watch and Ward; \r\n(d) Reserve Police; \r\n(e) Police Accountability; \r\n(f)  Personnel Management;  \r\n(g) Education and Training; \r\n(h)  Finance and Internal Audit; \r\n(i)  Crime Prevention; \r\n(j) Crime against women; \r\n(k) Traffic Planning and Management; \r\n(1) Criminal Identification; \r\n(m) Information Technology; \r\n(n) Transport; \r\n(o) Research and Development; \r\n(p) Legal Affairs; \r\n(q)  Welfare; \r\n(r)  Estate Management. \r\n (3) The specialist investigators shall be operationally responsible to the officer in -charge of the \r\ninvestigation branch. \r\n (4) Every police officer shall be liable for posting to any branch, division, bureau and section, or \r\nanywhere in or outside the police: \r\n \r\nPage 16 of 67 \r\n \r\n (5) Posting to any specialist branch, division, bure au or section shall be subject to necessary \r\ntraining and experience in accordance with the rules. \r\n 9. Superintendence of police. —(1) The superintendence of police throughout a general police \r\narea shall vest in the appropriate Government. \r\n (2) The power of superintendence under clause (1) shall be so exercised as to ensure that police \r\nperforms its duties efficiently and strictly in accordance with law. \r\n 10. Administration of the police.—(1) Administration of police in a general police area shall vest \r\nin the Provincial Police Officer, Capital City Police Officer or City Police Officer posted under Article \r\n11, or Article 15, as the case may be. \r\n (2) The Provincial Police Officer, Capital City Police Officer and City Police Officer, as the case \r\nmay be, shall exercise such powers and perform such functions and duties and shall have such \r\nresponsibilities as may be provided by or under this Order and any other law for the time being in force. \r\n (3) The police officers mentioned in clause (1) may for direction and control issue standing orders \r\nnot inconsistent with the Order or rules made hereunder for the efficient functioning of the police. \r\n (4) Provincial Police Officer shall prepare a provincial annual policing plan for review by the \r\nProvincial Public Safety Commission. The plan shall include— \r\n(a)  objectives of policing; \r\n(b)  financial resources likely to be available during the year; \r\n(c)  targets; and \r\n(d)  mechanism for achieving these targets. \r\n 11. Posting of Provincial Police Officer, Capital City Police Officer and Head of Federal Law \r\nEnforcement Agency. —(1) The Provincial Government  shall, out of a panel of three police officers \r\nrecommended by the National Public Safety Commission from a list provided by the Federal Government, \r\npost a police officer of the rank of Inspector General of Police as Provincial Police Officer of the Province: \r\n Provided that before a police officer is posted as Provincial Police Officer under clause (1) \r\nthe Federal Government shall place his services at the disposal of the Provincial Government. \r\n (2) The Federal Government in the case of Islamabad Capital Territory and the Provincial \r\nGovernment in the case of Capital City District shall post a police officer not below the rank of Additional \r\nInspector General of Police as Capital City Police officer out of three officers recommended by the \r\nNational Public Safety Commission, or on the recommendation of the P rovincial Police Officer, as the \r\ncase may be. \r\n (3) The Federal Government shall, out of a panel of three suitable police officers recommended by \r\nthe National Public Safety Commission post head of a Federal Investigation Agency, Pakistan Railway \r\nPolice, Pakistan Motorway and Highway Police and Frontier Constabulary. \r\n \r\nPage 17 of 67 \r\n \r\n (4) During temporary absence of the police officers mentioned under clause (1) and clause (2) the \r\nnext senior officer may exercise all or any of the powers, perform all or any of the functions a nd duties, \r\nand discharge all or any of the responsibilities of the Provincial Police Officer, or Capital City Police \r\nOfficer, as the case may be. \r\n (5) The Provincial Police Officer, posted under clause (1) shall have administrative and financial \r\npowers as ex-officio Secretary to the Provincial Government and other powers under this Order, or any \r\nother law for the time being in force and Islamabad Capital City Police Officer posted under clause (2) \r\nshall have the same administrative and financial powers. \r\n (6) Subject to job description of each post under the rules, the police officers mentioned in clauses \r\n(1) and (2) may, by a general or special order, empower any officer subordinate to him to exercise and \r\nperform all or any of the powers, functions or duties to be exercised or performed under this Order. \r\n 12 Term of office of Provincial Police Officer, Capital City Police Officer and Head of a \r\nFederal Law Enforcement Agency. —(1) The term of office of Provincial Police Officer, Capital City \r\nPolice Officer and Head of a Federal Law Enforcement Agency posted under Article 11 shall be three \r\nyears from the date of his posting. \r\n (2) The Provincial Government, with agreement of Provincial Public Safety Commission and the \r\nCapital City Public Safety Commission may tran sfer the Provincial Police Officer or Capital City Police \r\nOfficer before the expiry of his tenure as the case may be. \r\n (3) The Provincial Government or the respective Public Safety Commission may initiate the case \r\nof premature transfer of the officers mentioned in clause (2) for unsatisfactory performance of duties. \r\n (4) The Federal Government may with the agreement of National Public Safety Commission \r\ntransfer Islamabad Capital City Police officer and Head of a Federal Law Enforcement Agency before the \r\nexpiry of his tenure. \r\n (5) The Federal Government or the National Public Safety Commission may initiate premature \r\ntransfer of the officer mentioned in clause (4) for unsatisfactory performance of duties: \r\n Provided that before premature transfer of the officers mentioned in clause (3) and clause \r\n(5) the appropriate Commission shall give the concerned officer an opportunity of being heard in \r\nperson. \r\n (6) The Federal Government may with the agreement of the National Public Safety Commission \r\nrecall a Provincial Police Officer or the Capital City Police Officer. \r\n 13. Posting of Additional Inspectors General of Police. —The Government may post such \r\nnumber of Additional Inspectors General of Police to assist the, Provincial Police Officer, or Capital City \r\nPolice Officer, as the case may be, in the efficient performance of his duties as it may deem fit, in \r\nconsultation with the Provincial Police Officer, or Capital City Police Officer, as the case may be. \r\n 14. Appointment of experts.—(1) The Government may, on recommendation of the appropriate \r\nPublic Service Commission,  appoint one or more experts to assist the Provincial Police Officer and \r\nCapital City Police Officer or City Police Officer. \r\n \r\nPage 18 of 67 \r\n \r\n (2) The qualifications, eligibility, terms and conditions of service of experts shall be as prescribed. \r\n 15. Posting of City Police Officer and District Police Officer. —(1) The  Provincial Police \r\nOfficer may post a City Police Officer for a city district notified as a general police area and the District \r\nPolice Officer in a district within a general police area in consultation with the Government. \r\n (2) The term of office of City Police Officer or District Police Officer, as the case may be, shall be \r\nthree years from the date of his posting. \r\n (3) The City Police Officer or Dis trict Police Officer may be transferred before completion of \r\nnormal tenure of three years on specific grounds such as inefficiency and ineffectiveness with the \r\nconcurrence both of the Zila Nazim and the District Public Safety Commission, after he has been heard in \r\nperson by the District Public Safety Commission. \r\n 16. Administration of police in a district.—(1) Subject to this Order, the administration of police \r\nthroughout a district, other than a capital city district and a city district, shall vest in a Di strict Police \r\nOfficer posted under Article 15. \r\n (2) The District Police Officer may delegate any of his powers and functions conferred on him to \r\na Superintendent of Police, Assistant or Deputy Superintendent of Police posted under Article 17. \r\n (3) The Capi tal City Police Officer and the City Police Officer shall have administrative and \r\nfinancial powers of the head of an attached department. \r\n (4) A Capital City Police Officer posted under article 11 and a City Police Officer posted under \r\nArticle 15 shall exercise the powers vested in them under clause (3) above and Article 10 subject to the \r\noperational control by the Provincial Police Officer. \r\n 17. Posting of Deputy Inspector General, Senior Superintendent, Superintendent, Assistant \r\nSuperintendent, Deputy Sup erintendent.—(1) Subject to this Order, the Government shall post in \r\nconsultation with Provincial Police Officer, or Capital City Police Officer, as the case may be, for any part \r\nof a general police area or for police headquarters, such number of Deputy Inspector General of Police as \r\nit may deem fit. \r\n (2) Provincial Police Officer or the Capital City Police Officer shall post Senior Superintendents, \r\nSuperintendents, Assistant and Deputy Superintendents of Police in the general police area. \r\n (3) Every officer posted under clause (1) and clause (2) shall exercise and perform such powers, \r\nfunctions and duties, as assigned to him under this Order, or any other law for the time being in force. \r\n 18 Posting of head of investigation.—(1) The head of investigation in a general Police area other \r\nthan the Capital City District  or the City District shall  be of the rank of Additional Inspector General of \r\nPolice. \r\n (2) The head of investigation in a Capital City District or City District shall not be below the rank \r\nof Senior Superintendent of Police. \r\n (3) The head of investigation in a District shall not be below the rank of Superintendent of Police \r\nand shall be responsible to his own hierarchy subject to general control of the District Police Officer. \r\n \r\nPage 19 of 67 \r\n \r\n (4) All register ed cases shall be investigated by the investigation staff in the district under the \r\nsupervision of the head of investigation: \r\n Provided that the Government may, by a special or general order, may entrust investigation \r\nof offences under Local and Special Laws as defined in the Pakistan Penal Code and punishable \r\nwith imprisonment for a term not exceeding three years with or without any other punishment, to \r\nthe police station staff. \r\n (5) The District Police Officer shall not interfere with the proces s of investigation. The head of \r\ninvestigation shall however keep the District Police Officer informed of the progress of all cases which \r\nhave a bearing on public order. The District Police Officer shall provide full support to the Head of \r\ninvestigation in the performance of his duties. \r\n (6) Investigation shall not be changed except after due deliberations and recommendations by a \r\nboard headed by an officer not below the rank of Senior Superintendent of Police and two Superintendents \r\nof Police, one being in-charge of the investigation of the concerned district: \r\n Provided that the final order for the change of investigation shall be passed by head of \r\ninvestigation in the general police area who shall record reasons for change of such investigation: \r\n Provided further that the second change of investigation may only be allowed with the \r\napproval of the Provincial Police Officer, or the Capital City Police Officer, as the case may be. \r\n 19. Appointment of Director of Police Communications etc. —Subject to rules,  Provincial \r\nPolice Officer, or Capital City Police Officer, or City Police Officer, as the case may be, may appoint \r\nDirector of Wireless, Motor Transport and Computer for the whole of the general police area or for any \r\npart thereof and such number of officers and staff as may be determined from time to time. \r\n 20. Posting of heads of police training institutions. —(1) The Federal Government shall post a \r\npolice officer of the rank of Inspector General of Police as Commandant of the National Police Academy. \r\n (2) Provincial Police Officer or Capital City Police Officer may post an officer not below the rank \r\nof Deputy Inspector General of Police as Commandant of the police training college and an officer not \r\nbelow the rank of Senior Superintendent of Police as Princ ipal of each police training school within the \r\ngeneral police area under his charge. \r\n 21. Constitution of regions and divisions etc. —(1) The Provincial Police Officer may with the \r\napproval of the Government constitute police regions. \r\n (2) Within the budgetary allocations, Provincial Police Officer, Capital City Police Officer, or the \r\nCity Police Officer, as the case may be, may: — \r\n(a)  divide districts into police divisions, sub divisions and police stations; \r\n(b)  sub-divide the police stations into police posts; and \r\n(c)  define the limits and extent of such -divisions, sub divisions, police stations and \r\npolice posts: \r\n \r\nPage 20 of 67 \r\n \r\n Provided that the limits and extent of such divisions, police stations and police posts shall, \r\nas far as practicable, be coterminus with the limits of Tehsils, or Town in a city district and Unions. \r\n (3) A police region under clause (1) shall be headed by a police officer not below the rank of \r\nDeputy Inspector General of Police: \r\n Provided that where the size of police establishment is more than ten thousand the region \r\nshall be headed by a police officer not below the rank of Additional Inspector General of Police. \r\n (4) A police division shall be under an officer not below the rank of a Superintendent of Police; a \r\npolice sub-division under an officer not below the rank of a Assistant or Deputy Superintendent of Police; \r\nand a police station shall be under an officer of the rank of Inspector of Police: \r\n Provided that an officer of the rank of Assistant Superintendent of Police may be posted as \r\nhead of a police station, assisted by Inspectors as officer incharge in selected police stations.  \r\n 22. Transfer to other police establishment.—Subject to rules, the appropriate Government may \r\ntransfer any police officer appointed under this Order from police constituted for one general police area \r\nto another. \r\n 23. Appointment of junior ranks. —Subject to rules, Head of Distri ct Police shall be the \r\nappointing authority for junior ranks. \r\n 24. Oath or affirmation by members of police. —(1) Every member of the  police shall on \r\nappointment make and subscribe before Provincial Police Officer or Capital City Police Officer or City \r\nPolice Officer, or head of a training institution, an oath or affirmation according to the form set out in the \r\nsecond Schedule. \r\n (2) Assistant Superintendents of Police shall make and subscribe to the said oath or affirmation \r\nbefore Commandant, National Police Academy. \r\n 25. Certificate of appointment. —(1) Officers of junior ranks shall on  appointment receive a \r\ncertificate in the form provided in the Third Schedule. The certificate shall be issued under the seal of \r\nsuch officer as Provincial Police Officer or Capital City Police Officer or City Police Officer may by \r\ngeneral or special order direct. \r\n (2) A certificate of appointment shall become null and void whenever the police officer named \r\ntherein ceases to belong to the police. \r\n 26. Suspension of police officer.—(1) Subject to rules, the authority or an officer authorised in \r\nthis behalf by the authority shall have power to suspend a member of police. \r\n (2) The powers and functions vested in a member of police shall remain suspended while such \r\nofficer is under suspension: \r\n Provided that notwithstanding his suspension such member shall not cease to be a member of \r\npolice and shall continue to be subject to the control of the same authorities to which he would have been, \r\nbut for his suspension. \r\n \r\nPage 21 of 67 \r\n \r\n 27. General powers of Provincial Police Officer etc. —Subject to this Order and rules made \r\nthere-under, Provincial Police Officer and Head of District  Police, as the case may be, shall within their \r\nrespective spheres of authority, direct and regulate all matters of recruitment, training, postings, transfers, \r\npromotions, arms, drill, discipline, clothing, distribution of duties, and any other matter concerning the \r\nefficient fulfilment of duties by the police under his control. \r\n 28. Powers of Provincial Police Officer , Capital City Police Officer and City Police Officer \r\nconcerning police accounts. —(1) Provincial Police Officer,  Capital City Police Officer or City Police \r\nOfficer shall have authority to investigate and regulate all matters of accounts connected with the police \r\nand all persons concerned shall be bound to give reasonable aid and facilities in conducting such \r\ninvestigation and to conform to his orders consequent thereto. \r\n (2) The power of Provincial Police Officer, Capital City Police Officer and City Police Officer to \r\nregulate accounts under clause (1) shall be without prejudice to the Auditor General ’s authority to audit \r\npolice accounts. \r\n 29. Appointment of special police officers. —(1) Subject to rules, Head of  District Police may \r\nappoint special police off icers for special purposes or occasions when the police available to him is not \r\nsufficient to assist the police under his command. \r\n (2) Every special police officer so appointed shall, on appointment— \r\n(a)  receive a certificate in the prescribed form; \r\n(b)  have the same powers, and immunities and be liable to the same duties and \r\nresponsibilities and be subject to the same authorities as a regular police officer. \r\n 30. Appointment of additional police. —(1) City Polic e Officer and  District Police Officer \r\nsubject to the approval of the Provincial Police Officer, and Capital City Police Officer may appoint \r\nadditional police officers of such rank and for such time as he may deem fit for the purposes stated in their \r\nemployment order.  \r\n (2) Every additional police officer so appointed shall on appointment— \r\n(a)  receive a certificate in a form approved by Provincial Police Officer or Capital City \r\nPolice Officer or City Police Officer as the case may be; \r\n(b)  be vested with all or any of the powers, privileges and duties of a police officer; \r\n(c)  be subject to orders of the Capital City Police Officer,  City Police Officer and \r\nDistrict Police Officer. \r\n (3) The employment of additional police may be made at the request of any person reasonably \r\nrequiring such police and the cost of such employment shall be recovered in such manner as provided \r\nunder this Order or rules made there under. \r\n 31. Ministerial staff etc. —(1) Subject to rules,  Provincial Police Officer, Capital City Police \r\nOfficer and City Police Officer, as the case may be, may appoint ministerial staff and other employees to \r\nassist the police. \r\n \r\nPage 22 of 67 \r\n \r\n (2) Any person employed under clause (1) shall be under the direction and control of Provincial \r\nPolice Officer, Capital City Police Officer, or City Police Officer, as the case may be. \r\n (3) The powers of direction and control referred to in clause (2) shall include the powers of \r\ndiscipline and dismissal. \r\n (4) Subject to rules, Provincial Police Officer, Capital City Police Officer or City Police Officer, \r\nas the case may be, may delegate his powers and authority under this Article to an officer of appropriate \r\nrank. \r\nCHAPTER IV \r\nRESPONSIBILITIES OF THE HEAD OF DISTRICT POLICE \r\n 32. Policing Plan.—(1) Head of District Police shall prepare an annual Policing Plan consistent \r\nwith Provincial Policing Plan wherever applicable in consultation with the Zila Nazim in the \r\nprescribed manner. \r\n (2) The Policing Plan shall include:— \r\n(a)  objectives of policing; \r\n(b)  financial resources likely to be available during the year; \r\n(c)  targets; and \r\n(d)  mechanism for achieving these targets. \r\n (3) Head of District Police shall obtain the approval of the plan from the appropriate Public Safety \r\nCommission and send c opies of the approved plan to Zila Nazim, Tehsil or Town Nazim, Provincial \r\nGovernment, Provincial Public Safety Commission and Provincial Police Officer and in case of Islamabad \r\nCapital Territory to Zila Nazim, Islamabad District Public Safety Commission, National Public Safety \r\nCommission and Federal Government. \r\n (4) Head of District Police shall prepare a report on the policing of the district during the year and \r\nsend it to the District Public Safety Commission by end of August. \r\n 33. Relationship of Distr ict Police with Zila Nazim etc. —(1) Subject to the provisions of this \r\nOrder, Head of District Police shall be responsible to the Zila Nazim for police functions under this Order \r\nbut shall not include administration of the district police, investigation of criminal cases and police \r\nfunctions relating to prosecution, which shall rest with the police: \r\n Provided that Zila Nazim may visit a police  station to find out if any person is under \r\nunlawful detention and in appropriate cases may also direct action in accordance with law having \r\nregard to the facts and circumstances of the case. \r\n (2) In case of a difference of opinion between the Zila Nazim a nd the Provincial Government on \r\nany matter concerning the district police, the decision of the Provincial Government shall prevail. \r\n \r\nPage 23 of 67 \r\n \r\n 34. Police support to Government functionaries, etc. —(1) Any functionary of the Federal \r\nGovernment, Provincial Government, any statutory body or any body or corporation owned, set up or \r\ncontrolled by any such Government or in which such Government has a  controlling share or interest, \r\nDistrict Government, Tehsil or Town Municipal Administration or Union Administration, or Cantonment \r\nBoard may for the discharge of his official duties which in his opinion require police assistance, ask for \r\npolice support  from the concerned police authority of the area and such authority shall provide the \r\nrequisite support: \r\n Provided that, if for any reason, the police authority is unable to provide the police support \r\nrequested under this clause it shall forthwith bring the matter through its channel of command to \r\nthe notice of Head of District Police who shall make arrangement for provision of poli ce support \r\nand, where he is unable to provide such support, he shall inform the Zila Nazim accordingly: \r\n Provided further that before making a report to the higher officer, each officer in the chain \r\nof command shall make an effort to provide the requisite police support: \r\n Provided also that where any police officer is of the opinion that the request for police \r\nsupport is unnecessary, unlawful or malafide, he shall, through his channel of command, report to \r\nHead of District Police who may seek reco urse to the appropriate Public Safety Commission and \r\nin that case the decision of the Public Safety Commission shall prevail. \r\n (2) Where the Zila Nazim so directs, the District Coordination Officer shall be responsible for \r\ncoordination of police support by  Head of District Police to the District Government, T ehsil Municipal \r\nAdministration, Union Administration and Cantonment Board in exigencies threatening law and order, \r\nnatural calamities and emergencies. \r\n (3) In case of an unlawful or malafide  order issued by any authority, the Head of District Police \r\nshall seek recourse to the appropriate Public Safety Commission whose decision shall prevail. \r\n 35. Responsibility on complaints of neglect and excesses by police.—(1) Where the Zila Nazim \r\non the basis of any complaint or information has reason to believe that any police official has committed \r\nan act of neglect, failure or excess, or the Union Public Safety Committee on its own motion or on receipt \r\nof a complaint from an aggrieved person reports to the Zila Nazim about police neglect, failure or excess, \r\nthe Zila Nazim may direct Head of District Police to take remedial measures, including registration of \r\nFirst Information Report in a cognizable offence in appropriate cases within the period specified  by him \r\nand the Zila Nazim shall inform the appropriate Public Safety Commission accordingly. \r\n (2) Head of District Police or the concerned competent authority shall immediately take remedial \r\nmeasures, and may suspend  the concerned official where necessary , initiate an enquiry and take \r\nappropriate action in accordance with law.  \r\n (3) Head of District Police shall without delay inform the Zila Nazim and appropriate Public Safety \r\nCommission of the action taken by him pursuant to the directions given under cla use (1) and forward a \r\ncopy of the final report of enquiry within forty five days of such directions. \r\n 36. Reference to Police Complaints Authority. —Head of District Police  and Head of Federal \r\nLaw Enforcement Agency shall inform the Provincial Police Compla ints Authority or the Federal Police \r\n \r\nPage 24 of 67 \r\n \r\nComplaint Authority, as the case may be, of any incident or a complaint of rape, death or serious injury \r\nto any person in police custody. \r\nCHAPTER V \r\nDISTRICT PUBLIC SAFETY COMMISSION \r\n 37. Establishment.—The Provincial Go vernment shall establish a District Public Safety \r\nCommission in each district consisting of 8,  10 or 12 members depending upon the area and population \r\nof the district. \r\n 38. Composition.—(1) Half of the members of the District Public Safety Commission shall be \r\nelected by the Zila Council, from amongst its councillors on the basis of each member casting only one \r\nvote in favour of any contesting candidate through secret ballot. \r\n (2) The other half comprising independent members shall be appointed by the Governor from a \r\nlist of names recommended by the District Selection Panel. \r\n (3) One third of both the elected and the independent members of the District Public Safety \r\nCommission shall be women. \r\n (4) The Naib Zila Nazim shall request the Chairperson of the District Selection Panel to conduct \r\nthe election of the members of the District Public Safety Commission referred to in clause (1). \r\n (5) The appointment of members shall be notified in the Official Gazette. \r\n 39. Appointment of Chairperson. —(1) The Chairperson shall be elected by the members from \r\namongst themselves annually alternating between independent and elected members. \r\n (2) The Chairperson shall preside over the meetings of the Commission. \r\n 40. Meeting in the absence of the Chairperson.—In the absence of the Chairperson the District \r\nPublic Safety Commission shall elect one of its member to preside over a meeting. \r\n 41. Selection of independent members. —(1) There shall be a Selection pan el for independent \r\nmembers consisting of District and Sessions Judge who shall be its Chairperson and one nominee each of \r\nthe Provincial Government and the District Government: \r\n Provided that such nominee shall not be elected representative or public servant. \r\n (2) The selection of independent members shall be by consensus. \r\n (3) The selection process shall be completed within thirty days from the commencement of the \r\nselection process. \r\n (4) Independent members shall be of impeccable integrity and proven professional competence in \r\nsuch fields as social work, law, administration, education, corporate sector, etc. \r\n 42. Fu nctions of the Selection Panel. —The selection panel shall invite applications or \r\nnominations from the publ ic for selection of independent members, and after interviewing eligible and \r\n \r\nPage 25 of 67 \r\n \r\nwilling candidates, forward names of persons twice the number of appointments to be made to the \r\nGovernor of the Province. \r\n 43. Selection criteria of independent members.—A person shall be disqualified from becoming \r\na member of District Public Safety Commission if he— \r\n(a)  is an activist of any political party or has held any representative office or has \r\nremained a public servant in the six months immediately preceding such \r\nappointment; \r\n(b)  is found suffering from physical or mental incapacity or illness; \r\n(c)  is declared a bankrupt, loan defaulter or tax evader; \r\n(d)  is not a citizen of Pakistan; \r\n(e)  holds an office of profit in the service of Pakistan; \r\n(f)  is in the service of any statutory body or any other body which is owned or \r\ncontrolled by the Government or in which the Government has a controlling share \r\nor interest; \r\n(g)  has been dismissed, removed or compulsorily retired from the service of Pakistan \r\non grounds of corruption or any other form of misconduct; \r\n(h)  is convicted of a criminal offence; \r\n(i)  has any conflict of interest; or \r\n(j)  is involved in activities prejudicial to the ideology, interest, security, unity, \r\nsolidarity, peace and integrity of Pakistan and its people, and the good order and \r\nharmony of society. \r\n 44. Functions of the District Public Safety Commission. —The District Public Safety \r\nCommission shall perform the following functions  including those related to complaints against the \r\npolice:— \r\n(a)  approve an annual Local Policing Plan prepared by the District Police Officer in \r\nconsultation with the Zila Nazim setting out the arrangements for the policing \r\nduring the year: \r\n    Provided that such Policing Plan shall include— \r\n(i)  a statement of the financial resources expected to be made available by the \r\nProvincial Government; and \r\n(ii)  performance targets for the year and their delivery mechanism; \r\n(b)  evaluate the delivery of performance targets contained in the Local Policing Plan \r\non quarterly basis and send half - yearly reports to Zila Nazim, Tehsil Nazim, \r\n \r\nPage 26 of 67 \r\n \r\nProvincial Government, Provincial Public Safety Commission and Provincial \r\nPolice Officer; \r\n(c)  encourage police-public cooperation; \r\n(d)  provide recourse to Distric t Police Officer or City Police Officer for reporting \r\nagainst any unlawful or malafide order or request for police support from any \r\nauthority received by him or any officer subordinate to him and give a decision \r\nthereon which shall prevail;  \r\n(e)  refer the  matter in writing to the Provincial Government for appropriate action \r\nwhere the District Public Safety Commission is satisfied that a collusive \r\nrelationship detrimental to the interest of the people exists between the Zila Nazim \r\nand District Police Officer or City Police Officer: \r\n  Provided that before making such report the District Police Officer or City \r\nPolice Officer and the Zila Nazim shall be given an opportunity to be heard in \r\nperson to explain their respective positions; \r\n(f)  direct the District Police Officer or City Police Officer as to disposal of unclaimed \r\nproperty under clause (4) of Article 135.  \r\n(g) direct the District Police Officer or City Police Officer in writing, where the District \r\nPublic Safety Commission has reasons to believe that the head of the police station \r\nhas unjustifiably refused or avoided to register any First Information Report, to \r\nconduct an inquiry into the matter and cause the registration of the First Information \r\nReport under section 154 of the Code, if any cognizable case is made out from the \r\nallegations of the complainant and report to the District Public Safety Commission \r\nwithin forty-eight hours the action taken by him; \r\n(h)  on receipt of a complaint of excess by a police officer; \r\n(i)  direct the District Police Office r or City Police Officer in writing to take \r\nappropriate action and submit a report within a specified period; or \r\n(ii)  conduct a fact finding enquiry through two or more of its members, and in \r\ncase the complaint is found correct, send its report and direct District Police \r\nOfficer to suspend the defaulting police officer and take departmental action \r\nagainst him in accordance with the rules; \r\n(iii)  report the matter to the Provincial Police Officer, Provincial Government or \r\nthe Police Complaints Authority for appropriate action if the District Police \r\nOfficer does not submit a report or take action on the direction given by the \r\nDistrict Public Safety Commission; \r\n(i)  direct the District Police Officer in writing to enquire into a complaint of neglect in \r\ngeneral or by a functionary of a district police and take appropriate action and report \r\nwithin the specified period. \r\n \r\nPage 27 of 67 \r\n \r\n(j)  on a complaint of excess committed by any member of Federal Law Enforcement \r\nAgency and civil armed forces acting in support of the dist rict police, require the \r\nappropriate authority of the concerned department in writing to take remedial action \r\nand report within a specified period. If no action is taken by the concerned \r\nauthority, a reference may be made by the District Public Safety Comm issions to \r\nthe head of concerned organization or the Federal Complaints Authority for \r\nappropriate action. \r\n 45. Terms of members of the District Public Safety Commission.—(1) The term of office of a \r\nmember shall be three years unless he resigns at any time before the expiry of his term or ceases to be a \r\nmember of the Zila Council. \r\n (2) No member shall be eligible for a second term. \r\n (3) Members shall be paid TA and DA for attending meetings, as per rules. \r\n (4) Independent members may be paid honoraria as per rules. \r\n (5) Members shall be Justices of Peace within the district in accordance with the Code. \r\n 46. Removal of members.—The Governor on his own volition or on the recommendation of the \r\nDistrict Public Safety Commission may remove a member from office if he— \r\n(a)       ceases to be a citizen of Pakistan; \r\n(b)       is found suffering from physical or mental incapacity or illness; \r\n(c)       is guilty of misconduct; \r\n(d)       is found to have dealt with any matter in which he had a conflict of interest; \r\n(e)       is convicted of a criminal offence; \r\n(f)        is declared a bankrupt, loan defaulter or tax evader; \r\n                        (g)       is involved in activities prejudicial to the ideology, interest, security, unity,   \r\nsolidarity, peace and integrity of Pakistan and its people, and the good order and \r\nharmony of society; \r\n (h)  brings the District Public Safety Commission into disrepute; \r\n (i)  fails to attend its three consecutive meetings without any reasonable cause. \r\n 47. Meetings and conduct of business of the District Public Safety Commission. —(1) The \r\nbusiness of the District Public Safety Commission shall be conducted by the Commission in a meeting. \r\n (2) The meeting may be convened by the Chairperson or on the requisition of three members. \r\n            (3) Quorum for a meeting of the District Public Safety Commission shall be two third of its total \r\nmembership. \r\n \r\nPage 28 of 67 \r\n \r\n              (4) Members shall attend meetings of the Commission as and when required for which at least a \r\nweek’s notice, with agenda, shall be given. There shall be minimum of one meeting in a month provided \r\nan emergency meeting may be held at a short notice not exceeding twenty four hours. \r\n             (5) Decisions of the Commission shall be by simple majority. \r\n             (6) District Police Officer or City police Officer or in their absence their deputy may be invited \r\nto attend a meeting, which he shall attend. \r\n        (7) The Commission may invite any expert for consultations on specific issues. \r\n             (8) The Commission may frame rules of procedure for the conduct of business. \r\n             48. Secretariat. —(1) The Government shall establish a permanent secretariat of the District \r\nPublic Safety Commission. \r\n  (2) The Secretariat shall be headed by an officer of BPS 17 who shall be appointed in consultation \r\nwith the Commission by the Provincial Government. \r\n (3) The Secretariat shall consist of such number of officers and staff as the Government may in \r\nconsultation with the Commission, determine from time to time. \r\n_____ \r\nCHAPTER VI \r\nCAPITAL CITY DISTRICT PUBLIC SAFETY COMMISSION \r\n 49. Establishment.—The Provincial Government shall establish a Capital City District Public \r\nSafety Commission in each district consisting 12 members depending upon the area and population of the \r\ndistrict. \r\n 50. Composition.—(1) Three members of the Capital City District Public Safety Commission \r\nshall be elected by the Zila Council, from amongst its councillors on the basis of each member casting \r\nonly one vote in favour of any contesting candidate through secret ballot. \r\n (2) Three members shall be nominated by the Speaker of the Provincial Assembly from amongst \r\nits members two from the treasury and one from the opposition in consultation with the Leader of the \r\nHouse and the Leader of the Opposition. \r\n (3) The remaining six membe rs shall be independent members and  shall be appointed by the \r\nGovernor from a list of names recommended by the Capital City District Selection Panel. \r\n (4) One third of both the elected and independent members of the Commission shall be women. \r\n (5) The Naib Zila Nazim shall request the Chairperson of the Capital City District Selection Panel \r\nto conduct the election of the members of the Capital City District Public Safety Commission referred to \r\nin clause (1). \r\n (6) The appointment of members shall be notified in the Official Gazette. \r\n \r\nPage 29 of 67 \r\n \r\n 51. Appointment of Chairperson. —(1) The Chairperson shall be elected  by the members from \r\namongst themselves annually alternating between independent and elected members. \r\n (2) The Chairperson shall preside over the meetings of the Commission. \r\n 52. Meeting in the absence of the Chairperson.—In the absence of the Chairperson the Capital \r\nCity District Public Safety Commission shall elect one of its member to preside over a meeting. \r\n 53. Selection of independent members. —(1) There shall be a Selection Panel for independent \r\nmembers consisting of Chief Justice of High Court who shall be its Chairperson and one nominee each of \r\nthe Provincial Government and the District Government: \r\n Provided that such nominee shall not be elected representative or public servant. \r\n (2) The selection of independent members shall be by consensus. \r\n (3) The selection process shall be completed within thirty days from the commencement of the \r\nselection process. \r\n (4) Independent members shall be of impeccable integrity and proven professional competence in \r\nsuch fields as social work, law, administration, education, corporate sector, etc \r\n 54. Functions of the Selection Panel. —The selection panel shall invite applications or \r\nnominations from the public f or selection of independent members, and after interviewing eligible and \r\nwilling candidates, forward names of persons twice the number of appointments to be made to the \r\nGovernor of the Province. \r\n 55. Selection criteria of independent members.—A person shall be disqualified from becoming \r\na member of District Public Safety Commission if he- \r\n(a)  is an activist of any political party or has held any representative office or has \r\nremained a public servant in the six months immediately preceding such \r\nappointment; or \r\n(b)  is found suffering from physical or mental incapacity or illness; or \r\n(c)  is declared a bankrupt, loan defaulter or tax evader; or \r\n(d)  is not a citizen of Pakistan; or \r\n(e)  holds an office of profit in the service of Pakistan; or \r\n(f)  is in the s ervice of any statutory body or any other body which is owned or \r\ncontrolled by the Government or in which the Government has a controlling share \r\nor interest; or \r\n(g)  has been dismissed, removed or compulsorily retired from the service of Pakistan \r\non grounds of corruption or any other form of misconduct; or \r\n(h)  is convicted of a criminal offence; or \r\n \r\nPage 30 of 67 \r\n \r\n(i)  has any conflict of interest; or \r\n(j)  is involved in activities prejudicial to the ideology, interest, security, unity, \r\nsolidarity, peace and integrity of Pakistan and its people, and the good order and \r\nharmony of society. \r\n 56. Functions of the Capital City District Public Safety Commission. —The Capital City \r\nDistrict Public Safety Commission shall perform the following functions of Public Safety and Complaints \r\nAuthority:— \r\n(a)  approve an annual Local Policing Plan prepared by the Capital City Police Officer \r\nin consultation with the Zila Nazim set ting out the arrangements for the policing \r\nduring the year: \r\n   Provided that such Policing Plan shall include - \r\n(i)  a statement of the financial resources expected to be made available by the \r\nProvincial Government; and \r\n(ii)  performance targets for the year and their delivery mechanism; \r\n(b)  evaluate the delivery of performance targets contained in the Local Policing Plan \r\non quarterly basis and send half -yearly reports to Zila Nazim, Tehs il Nazim, \r\nProvincial Government,  Provincial Public Safety Commission and Provincial \r\nPolice Officer; \r\n(c)  encourage police-public cooperation; \r\n(d)  provide recourse to Capital City Police Officer for reporting against any unlawful \r\nor malafide order or request for police support from any authority received by him \r\nor any officer subordinate to him and give a decision thereon which shall prevail; \r\n(e)  refer the matter in writing to the Provincial Government for appropriate action \r\nwhere the Capital City District Public Safety Commission is satisfied that a \r\ncollusive relationship detrimental to the interest of the people exists between the \r\nZila Nazim and Capital City Police Officer: \r\nProvided that before making such report the Capital City Police Officer and the Zila \r\nNazim shall be given an opportunity to be heard in person to explain their respective \r\npositions; \r\n(f)  direct the Capital City Police Officer as to disposal of unclaimed pr operty under \r\nclause (4) of Article 135. \r\n(g)  direct the Capital City Police Officer in writing, where the Capital City District \r\nPublic Safety Commission has reasons to believe that the head of the police station \r\nhas unjustifiably refused or avoided to regi ster any First Information Report, to \r\nconduct an inquiry into the matter and cause the registration of the First Information \r\nReport under section 154 of the Code, if any cognizable case is made out from the \r\n \r\nPage 31 of 67 \r\n \r\nallegations of the complainant and report to the Capital City District Public Safety \r\nCommission within forty-eight hours the action taken by him; \r\n(h)  on receipt of a complaint of excess by a police officer; \r\n(i)  direct the Capital City District Police Officer in writing to take appropriate \r\naction and submit a report within a specified period; or \r\n(ii)  conduct a fact finding enquiry through two or more of its members, and in \r\ncase the complaint is found correct, send its report and direct Capital City \r\nDistrict Police Officer to suspend the defaulting pol ice officer and take \r\ndepartmental action against him in accordance with the rules; \r\n(iii)  report the matter to the Provincial Government or the Police Complaints \r\nAuthority for appropriate action if the Capital City District Police Officer \r\ndoes not submit a report or take action on the direction given by the Capital \r\nCity Public Safety Commission; \r\n (i)  direct the Capital City District Police Officer in writing to enquire into a complaint \r\nof neglect in general or by a functionary of a district police and take  appropriate \r\naction and report within the specified period; \r\n (j)   on a complaint of excess committed by any member of Federal Law Enforcement \r\n Agency and civil armed forces acting in support of the district police, require the \r\n appropriate authority of the concerned department in writing to take remedial action \r\n and report within a specified period. If no action is taken by the concerned \r\n authority, a reference may be made by the Capital City District Public Safety \r\n Commission to the head of concerned orga nization or the Federal Complaints \r\n Authority for appropriate action. \r\n 57. Terms of members of the Capital City District Public Safety Commission.—(1) The term \r\nof office of a member shall be three years unless he resigns at any time before the expiry of his term or \r\nceases to be a member of the Provincial Assembly or the Zila Council. \r\n (2) No member shall be eligible for a second term. \r\n (3) Members shall be paid TA and DA for attending meetings, as per rules. \r\n (4) Independent members may be paid honoraria as per rules. \r\n (5) Members shall be Justices of Peace within the district in accordance with the Code. \r\n 58. Removal of members.—The Governor on his own volition or on the recommendation of the \r\nCapital City District Public Safety Commission may remove a member from office if  he— \r\n(a)  ceases to be a citizen of Pakistan; \r\n(b)  is found suffering from physical or mental incapacity or illness; \r\n(c)  is guilty of misconduct; \r\n \r\nPage 32 of 67 \r\n \r\n(d) is found to have dealt with any matter in which he had a conflict of interest; \r\n(e)  is convicted of a criminal offence; \r\n(f)  is declared a bankrupt, loan defaulter or tax evader; \r\n(g)  is involved in activities prejudicial to the i deology, interest, security, unity, \r\nsolidarity, peace and integrity of Pakistan and its people, and the good order and \r\nharmony of society; \r\n(h)  brings the Capital City District Public Safety Commission into disrepute; \r\n(i)  fails to attend its three consecutive meetings without any reasonable cause. \r\n 59. Meetings and conduct of business of the Capital City District Pubic Safety Commission.  \r\n—(1) The business of the Capital City District Public Safety Commission shall be conducted by the \r\nCommission in a meeting. \r\n (2) The meeting may be convened by the Chairperson or on the requisition of three members. \r\n (3) Quorum for the meeting of the Capital City District Commission shall be two -third of its \r\nmembership. \r\n (4) Members shall attend meetings of the Commiss ion as and when required for which at least a \r\nweek’s notice, with agenda, shall be given. There shall be minimum of one meeting in a month provided \r\nan emergency meeting may be held at a short notice not exceeding twenty four hours. \r\n (5) Decisions of the Commission shall be by simple majority. \r\n (6) Capital City Police Officer and in his absence his deputy may be invited to attend a meeting \r\nwhich he shall attend. \r\n (7) The Commission may invite any expert for consultations on specific issues. \r\n (8) The Commission may frame rules of procedures for the conduct of business. \r\n 60. Secretariat.—(1) The Government shall establish a permanent secretariat of the Capital City \r\nDistrict Public Safety Commission. \r\n (2) The Secretariat shall be headed by an officer of BPS 17 who shall be appointed in consultation \r\nwith the Commission by the Provincial Government \r\n (3) The Secretariat shall consist of such number of officers and staff as the Government may in \r\nconsultation with the Commission, determine from time to time.  \r\nCHAPTER VII \r\nISLAMABAD DISTRICT PUBLIC SAFETY COMMISSION \r\n 61. Establishment.—The Federal Government shall establish Islamabad District Public Safety \r\nCommission for Islamabad Capital Territory consisting of 12 members. \r\n \r\nPage 33 of 67 \r\n \r\n 62. Composition.—(1) Three members of the Islamabad District Public Safety Commission shall \r\nbe elected by the District Council, from amongst its councillors on the basis of each member casting only \r\none vote in favour of any contesting candidate through secret ballot. \r\n (2) Three members shall be nominated by the Speaker of National Assembly from amongst its \r\nmembers two from the treasury and one from the opposition in consultation with the Leader of the House \r\nand the Leader of the Opposition. \r\n (3) The remaining six members shall be independent members and shall be appointed by the \r\nPresident from a list of names recommended by the Islamabad District Selection Panel. \r\n (4) One third of both the elected and independent members of the Islamabad District Public Safety \r\nCommission shall be women. \r\n (5) The Naib Zila Nazim shall request the Chairperson of the Islamabad District Selection Panel \r\nto conduct the election of the members of the Islamabad District Public Safety Commission referred to in \r\nclause (1). \r\n (6) The appointment of members shall be notified in the Official Gazette. \r\n 63. Appointment of Chairperson. —(1) The Chairperson shall be elected  by the members from \r\namongst themselves annually alternating between independent and elected members. \r\n (2). The Chairperson shall preside over the meetings of the Commission. \r\n 64. Meeting in the absence of the Chairperson. —In the absence of the Chairperson Islamabad \r\nDistrict Public Safety Commission shall elect one of its member to preside over a meeting. \r\n 65. Selection of independent members. —(1) There shall be a Selection  Panel for independent \r\nmembers consisting of Chief Justice of the High Court who shall be its Chairperson and one nominee each \r\nof the Federal Government and the District Government: \r\n Provided that such nominee shall not be elected representative or public servant. \r\n (2) The selection of independent members shall be by consensus. \r\n (3) The selection process shall be completed within thirty days from the commencement of the \r\nselection process. \r\n (4) Independent members shall be of impeccable integrity and proven professional competence in \r\nsuch fields as social work, law, administration, education, corporate sector, etc \r\n 66. Functions of the Selection Panel. —The selection panel shall invite applications or \r\nnominations from the public for selection of independent members, and after interviewing eligible and \r\nwilling candidates, forward names of persons twice the number of appointments to be made to the \r\nPresident. \r\n 67. Selection criteria of independent members.—A person shall be disqualified from becoming \r\na member of Islamabad District Public Safety Commission if he - \r\n \r\nPage 34 of 67 \r\n \r\n(a)  is an activist of any political party or has held any representative office or has \r\nremained a p ublic servant in the six months immediately preceding such \r\nappointment; or \r\n(b)  is found suffering from physical or mental incapacity or illness; or \r\n(c)  is declared a bankrupt, loan defaulter or tax evader; or \r\n(d)  is not a citizen of Pakistan; or \r\n(e)  holds an office of profit in the service of Pakistan; or \r\n(f)  is in the service of any statutory body or any other body which is owned or \r\ncontrolled by the Government or in which the Government has a controlling share \r\nor interest; or \r\n(g)  has been dismissed, removed or compulsorily retired from the service of Pakistan \r\non grounds of corruption or any other form of misconduct; or \r\n(h)  is convicted of a criminal offence; or \r\n(i)  has any conflict of interest; or \r\n(j)  is invol ved in activities prejudicial to the ideology, interest, security, unity, \r\nsolidarity, peace and integrity of Pakistan and its people, and the goo d order and \r\nharmony of society. \r\n 68. Functions of Islamabad District Public Safety Commission. —The Islamabad Di strict \r\nPublic Safety Commission shall perform the following functions of Public S afety and Complaints \r\nAuthority: — \r\n(a)  approve an annual Local Policing Plan prepared by the Capital City Police Officer \r\nin consultation with the Zila Nazim setting out the arrangements for the policing \r\nduring the year: \r\n   Provided that such Policing Plan shall include - \r\n(i)  a statement of the financial resources expected to be made available by the \r\nFederal Government; and \r\n(ii)  performance targets for the year and their delivery mechanism; \r\n(b)  evaluate the delivery of performance targets contained in the Local Policing Plan \r\non quarterly basis and se nd half - yearly reports to Zila Nazim, Tehsil Nazim, \r\nFederal Government and National Public Safety Commission; \r\n(c)  encourage police-public cooperation; \r\n(d)  provide recourse to Capital City Police Officer for reporting against any unlawful \r\nor malafide ord er or request for police support from any authority received by \r\n \r\nPage 35 of 67 \r\n \r\nhim or any officer subordinate to him and give a decis ion thereon which shall \r\nprevail; \r\n(e) refer the matter in writing to the Federal Government for appropriate action where \r\nthe Islamabad Dist rict Public Safety Commission is satisfied that a collusive \r\nrelationship detrimental to the interest of the people exists between the Zila Nazim \r\nand Capital City Police Officer: \r\n Provided that before making such report the Capital City Police Officer and the Zila \r\nNazim shall be given an opportunity to be heard in person to explain their respective \r\npositions; \r\n(f) direct the Capital City Police Officer as to disposal of unclaimed property under \r\nclause (4) of Article 135. \r\n(g) direct the Capital City Police Officer in writing, where the Islamabad District Public \r\nSafety Commission has reasons to believe that the head of the police station has \r\nunjustifiably refused or avoided to register any First Information Report, to conduct \r\nan inquiry into the matter and cause the registration of the First Information Report \r\nunder section 154 of  the Code, if any cognizable case is made out from the \r\nallegations of the complainant and report to the Islamabad District Public Safety \r\nCommission within forty-eight hours the action taken by him; \r\n(h) on receipt of a complaint of excess by a police officer; \r\n(i) direct the Capital City Police Officer in writing to take appropriate action \r\nand submit a report with in a specified period; or  \r\n(ii) conduct a fact finding enquiry through two or more of its members, and in \r\ncase the complaint is found correct, send its report and direct Capital City \r\nPolice Officer to suspend the defaulting police officer and take departmental \r\naction against him in accordance with the rule; \r\n(iii) report the matte r to the Federal government or the Federal Police \r\nComplaints authority for appropriate action if the Capital city Police Officer \r\ndoes not submit a report or take action on the direction given by the \r\nIslamabad District Public Safety Commission; \r\n(i)  Direct the Capital City Police Officer in writing to enquire into a complaint of \r\nneglect in general or by a functionary of a district police and take appropriate action \r\nand report within the specified period; \r\n(j)  on a complaint of excess committed by any member of Federal Law Enforcement \r\nAgency and civil armed forces acting in support of the Islamabad district police, \r\nrequire the appropriate authority of the concerned department in writing to take \r\nremedial action and report within a specified period. If no action  is taken by the \r\nconcerned authority, a reference may be made by the Islamabad District Public \r\n \r\nPage 36 of 67 \r\n \r\nSafety Commission to the head of concerned organization or the Federal \r\nComplaints Authority for appropriate action. \r\n 69. Terms of members of the Islamabad District Public Safety Commission.—(1) The term of \r\noffice of a member shall be three years unless he resigns at any time before the expiry of his term or ceases \r\nto be a member of the National Assembly or the Zila Council. \r\n (2) No member shall be eligible for a second term. \r\n (3) Members shall be paid TA and DA for attending meetings, as per rules. \r\n (4) Independent members may be paid honoraria as per rules. \r\n (5) Members shall be Justice of Peace within the district in accordance with the Code. \r\n 70. Removal o f members. —The President on his own volition or on the recommendation of \r\nIslamabad District Public Safety Commission may remove a member from office if he— \r\n(a)  ceases to be a citizen of Pakistan; \r\n(b)  is found suffering from physical or mental incapacity or illness; \r\n(c)  is guilty of misconduct; \r\n(d)  is found to have dealt with any matter in which he had a conflict of interest; \r\n(e)  is convicted of a criminal offence; \r\n(f)  is declared a bankrupt, loan defaulter or tax evader; \r\n(g)  is involved in activities prejudicial to the ideology, interest, security, unity, \r\nsolidarity, peace and integrity of Pakistan and its people, and the good order and \r\nharmony of society; \r\n(h)  brings the Islamabad Public Safety Commission into disrepute; \r\n(i)  fails to attend its three consecutive meetings without any reasonable cause. \r\n  71. Meetings and conduct of business of the Islamabad District Public Safety Commission.— \r\n(1) The business of Islamabad District Public Safety Commission shall be conducted by the Commission \r\nin a meeting. \r\n (2) The meeting may be convened by the Chairperson or on the requisition of three members. \r\n (3) Quorum for the meeting of the Commission shall be two-third of its membership. \r\n (4) Members shall attend meetings of the Commission as and when required for which at least a \r\nweek’s notice, with agenda, shall be given. There shall be minimum of one meeting in a month provided \r\nan emergency meeting may be held at a short notice not exceeding twenty four hours. \r\n (5) Decisions of the Commission shall be by a simple majority. \r\n \r\nPage 37 of 67 \r\n \r\n (6) Capital City Police Officer or in his absence his deputy may be invited to attend a meeting \r\nwhich he shall attend. \r\n (7) The Commission may invite any expert for consultations on specific issues. \r\n (8) The Commission may frame rules of procedure for the conduct of business. \r\n 72. Secretariat. —(1) The Government shall establish a permanent secretariat of Islamabad \r\nDistrict Public Safety Commission. \r\n (2) The Secretariat shall be headed by an officer of BPS 17 who shall be appointed in consultation \r\nwith the Commission by the Government. \r\n (3) The Secretariat shall consist of such number of officers and staff as the Government may in \r\nconsultation with the Commission, determine from time to time. \r\nCHAPTER VIII \r\nTHE PROVINCIAL PUBLIC SAFETY COMMISSION \r\n 73. Establishment.—There shall be a Provincial Public Safety Commission, consisting of twelve \r\nmembers and the ex officio Chairperson. \r\n 74. Composition.—(1) Half of the members of the Provincial Public Safety Commission shall be \r\nnominated by the Speaker of the Provincial Assembly from amongst its members three each from the \r\ntreasury and opposition in consultation with the Leader of the House and the Leader of the Opposition: \r\n  Provided that at least two members shall be women. \r\n (2) The other half comprising independent members shall be appointed by the Governor from a \r\nlist of names recommended by the Provincial Selection Panel: \r\n  Provided that at least two members shall be women. \r\n (3) Notwithstanding any  thing contained in clause (1), independent members appointed under \r\nclause (2) shall constitute the Provincial Public Safety Commission when the Provincial Assembly is not \r\nin existence. \r\n (4) The appointment of members shall be notified in the Official Gazette. \r\n 75. Appointment of Chairperson. —(1) The Provincial Home Minister will be the ex-officio \r\nChairperson of the Provincial Public Safety Commission. \r\n (2) The Chairperson shall preside over the meetings of the Provincial Public Safety Commission. \r\n 76. Meeting in the absence of the Chairperso n.—In the absence of the Chairperson the \r\nProvincial Public Safety Commission shall elect one of its member to preside over a meeting. \r\n 77. Selection of independent members. —(1) There shall be a Selection  Panel for independent \r\nmembers consisting of Chief Justice of the High Court who shall be its Chairperson and one nominee each \r\nof the Governor and the Chief Minister: \r\n \r\nPage 38 of 67 \r\n \r\n Provided that such nominee shall not be elected representative or public servant. \r\n (2) The selection of independent members shall be by consensus. \r\n (3) The selection process shall be completed within thirty days from the commencement of the \r\nselection process. \r\n (4) Independent members shall be of impeccable integrity and proven professional competence in \r\nsuch fields as social work, law, administration, education, corporate sector, etc.  \r\n 78. Fu nctions of the Selection Panel. —The selection panel shall invite applications or \r\nnominations from the public for selection of independent members, and after interviewing eligible and \r\nwilling candidates, forward names of persons twice the number of appointments to be made to the \r\nGovernor. \r\n 79. Selection criteria of independent members.—A person shall be disqualified from becoming \r\na member of Provincial Public Safety Commission if he - \r\n(a)  is an activist of any political party or has held any representative office or has \r\nremained a public servant in the six months immediately preceding such \r\nappointment; \r\n(b)  is found suffering from physical or mental incapacity or illness; \r\n(c)  is declared a bankrupt, loan defaulter or tax evader; \r\n(d)  is not a citizen of Pakistan; \r\n(e)  holds an office of profit in the service of Pakistan; \r\n(f)  is in the service of any statutory body or any other body which is owned or \r\ncontrolled by the Government or in which the Government has a controlling share \r\nor interest; \r\n(g)  has been dismissed, removed or compulsorily retired from the service of Pakistan \r\non grounds of corruption or any other form of misconduct; or \r\n(h)  is convicted of a criminal offence; \r\n(i)  has any conflict of interest; or \r\n(j)  is involved in activities prejudicial to the ideology, interest, security, unity, \r\nsolidarity, peace and integrity of Pakistan and its people, and the good order and \r\nharmony of society. \r\n 80. Functions of the Provincial Public Safet y Commission. —(1) Subject to this Order, the \r\nProvincial Public Safety Commission shall— \r\n(a)  provide guidelines on the policy of the government to Provincial Police Officer and \r\nCapital City Police Officers for promoting integrity, efficiency and effectiveness of \r\npolice; \r\n \r\nPage 39 of 67 \r\n \r\n(b)  take steps to prevent the police from carrying out any unlawful or malafide orders \r\nor directions from any authority to any functionary of the police through -out the \r\nProvince and in case such orders are brought to the notice of the commission it shall \r\nhave the powers to intervene and its decision shall prevail; and \r\n(c)  facilitate the establishment and functioning of Citizen Police Liaison Committees \r\nin accordance with Article 168. \r\n (2) Without prejudice to its role under sub-section (1) the Commission shall perform the following \r\nspecific responsibilities— \r\n(a)  co-ordinate the functioning of Public Safety Commissions within the Province; \r\n(b)  recommend to the Government premature transfer of Provincial Police Officer \r\nbefore completion of normal tenure of three years for unsati sfactory performance \r\nof duties: \r\n Provided that before making such recommendation the Provincial Public Safety \r\nCommission shall give the concerned police officer an opportunity to be heard in \r\nperson; \r\n(c)  recommend to the government for grants to various police establishments within \r\nthe province, for enhancing their capability to handle public order; \r\n(d)  assist the police establishment in securing assistance from other police \r\nestablishments and law enforcement agencies by approaching the other Provincial \r\nand National Public Safety Commissions; \r\n(e)  determine in consultation with the Provincial Police Officer objectives for the \r\npolicing of the Province for each financial year; \r\n(f)  oversee the implementation of the Provincial Policing Plan prepared by Provincial \r\nPolice Officer and approved and published by the Provincial Government. The plan \r\nshall include: \r\n(i)  a statement of the financial resources expected to be made available by the \r\nGovernment; and \r\n(ii)  performance targets for the year and their delivery mechanism. \r\n  (g) evaluate the delivery of performance targets on quarterly basis; \r\n(h)  require the Provincial Police Officer to submit by end of August each year a general \r\nreport in a manner prescribed b y the Provincial Public Safety Commission which \r\nshall be published; \r\n(i)  submit an annual report to the Government and the Provincial Assembly that shall \r\ninclude the following; \r\n \r\nPage 40 of 67 \r\n \r\n(i)  an abstract concerning performance of the Provincial Public Safety \r\nCommission during the year; \r\n(ii)  a report on the functioning of the Police Establishments; \r\n(iii)  a report on matters connected with general law and order in the Province. \r\n(j)  recommend reforms for modernization of laws and procedure in respect of police, \r\nprosecution, prisons and probation service; \r\n(k)  evaluate the performance of the District and Capital City Public Safety \r\nCommissions on annual  basis. If on the basis of the evaluation conducted by the \r\nProvincial Public Safety Commission, the performance of the Commission is found \r\nunsatisfactory, it may recommend the dissolution of such Commission and on \r\ndissolution of the Commission the government shall reconstitute the same in \r\naccordance with the provisions of this Order within forty five days of such decision; \r\n(1)  conduct enquiry on the recommendation of a Zila Council through a resolution \r\npassed by two third majority of its total membership for the dissolution of the \r\nrelevant Public Safety Commission on grounds of unsatisfactory performance  of \r\nthe said commission, establish veracity or otherwise of the grounds of \r\nrecommendation for rejection or onward transmission to the Provincial \r\nGovernment for the dissolution of the said Public Safety Commission. Where the \r\ngovernment dissolves the relevan t Public Safety Commission it will reconstitute \r\nthe same in accordance with the provisions of this Order within fo rty five days of \r\nsuch decision; \r\n(m)  perform functions of the relevant Public Safety Commission during the period it \r\nstands dissolved; \r\n(n)  consider the proposals made by Provincial Police Officer or National Police \r\nManagement Board and give its recommendations to the government; \r\n(o)  recommend essential criminal justice reforms; and \r\n(p)  perform such other functions with regard to public order and safeguarding public \r\ninterest, as may be assigned by the government to it for the purpose under any law \r\nfor the time being in force including Prosecution, Prisons and Probation services; \r\n 81. Terms of members of the Provincial Public Safety Commission.—(1) The term of office of \r\na member shall be the same as that of the Provincial Assembly unless he resigns at any time  before the \r\nexpiry of his term, or ceases to be a member of the Provincial Assembly. \r\n (2) No member shall be eligible for a second term. \r\n (3) Members shall be paid TA and DA for attending meetings, as per rules. \r\n (4) Independent members may be paid honoraria as per rules. \r\n (5) Members shall be Justices of Peace in accordance with the Code. \r\n \r\nPage 41 of 67 \r\n \r\n 82. Removal of members.—The Governor on his own volition or on the recommendation of the \r\nProvincial Public Safety Commission may remove a member from office if he— \r\n(a)  ceases to be a citizen of Pakistan; \r\n(b)  is found suffering from physical or mental incapacity or illness; \r\n(c)  is guilty of misconduct; \r\n(d)  is found to have dealt with any matter in which he had a conflict of interest; \r\n(e)  is convicted of a criminal offence; \r\n(f)  is declared a bankrupt, loan defaulter or tax evader; \r\n(g)  is involved in activities prejudicial to the ideology, interest, security, unity, \r\nsolidarity, peace and integrity of Pakistan and its people, and the goo d order and \r\nharmony of society; \r\n(h)  brings the Provincial Public Safety Commission into disrepute; \r\n(i)  fails to attend its three consecutive meetings without any reasonable cause; \r\n 83. Meetings and conduct of business of the Provincial Public Safety Commission. —(1) The \r\nbusiness of the Provincial Public Safety Commission shall be conducted by the Commission in a meeting. \r\n (2) The meeting may be convened by the chairperson or on the requisition of three members \r\n (3) Quorum for the meeting of the Commission shall be two-third of its membership. \r\n (4) Members shall attend meetings of the Commission as and when required for which at least a \r\nweek’s notice, with agenda, shall be given. There shall be minimum of one meeting in a month, provided \r\nan emergency meeting may be held at a short notice not exceeding twenty four hours. \r\n (5) The ex officio Chairperson shall not have the right of vote, except in case of a tie. \r\n (6) Decisions of the Commission shall be by simple majority. \r\n (7) The Commission may hold public consultations as and when required. \r\n (8) The Provincial Police Officer and heads of prosecution service, prison and probation \r\ndepartments shall attend meetings of the Commission as non-voting members, when invited. \r\n (9) The Commission may invite any expert for consultations on specific issues. \r\n (10) The Commission may frame rules of procedure for the conduct of business. \r\n 84. Secretariat.—(1) The Government shall establish a permanent secretariat of the Provincial \r\nPublic Safety Commission. \r\n (2) The Secretariat shall be headed by a Director of the rank  of Senior Superintendent of Police \r\nwho shall be appointed by the Provincial Government in consultation with the Commission. \r\n \r\nPage 42 of 67 \r\n \r\n (3) The Secretariat shall consist of such number of officers and staff as the Government may in \r\nconsultation with the Commission, determine from time to time. \r\n (4) The secretariat shall be attached to the Provincial Law Department for purposes of budget and \r\nfor matters pertaining to the Provincial Assembly. \r\nCHAPTER IX \r\nTHE NATIONAL PUBLIC SAFETY COMMISSION \r\n 85. Establishment.—There shall be a National Public Safety Commission consisting of twelve \r\nmembers and the ex officio Chairperson. \r\n 86. Composition.—(1) Half of the members of the National Public Safety Commission shall be \r\nnominated by the Speaker of the National Assembly fr om amongst its members three each from the \r\ntreasury and the opposition in consultation with the Leader of the House and the Leader of the Opposition: \r\n  Provided that at least one member shall belong to each Province, and to Islamabad Capital \r\nTerritory: \r\n  Provided further that at least two members shall be women. \r\n (2) The other half comprising independent members shall be appointed by the President from a list \r\nof names recommended by the National Selection Panel: \r\n Provided that at least one member shall belo ng to each Province, and to Islamabad Capital \r\nTerritory: \r\n  Provided further that at least two members shall be women. \r\n (3) Notwithstanding any -thing contained in clause (1), independent members appointed under \r\nclause (2) shall constitute the National Publi c Safety Commission when the National Assembly is not in \r\nexistence. \r\n (4) The appointment of members shall be notified in the Official Gazette. \r\n 87. Appointment of Chairperson. —(1) The Federal Interior Minister will  be ex-officio \r\nChairperson of the National Public Safety Commission. \r\n (2) The Chairperson shall preside over the meetings. \r\n 88. Meeting in the absence of the Chairperson.—In the absence of the Chairperson the National \r\nPublic Safety Commission shall elect one of its member to preside over a meeting. \r\n 89. Selection of independent members. —(1) There shall be a Selection Panel for independent \r\nmembers consisting of Chief Justice of Supreme Court of Pakistan who shall be its Chairperson and one \r\nnominee each of President and Prime Minister: \r\n  Provided that such nominee shall not be elected representative or public servant. \r\n (2) The selection of independent members shall be by consensus. \r\n \r\nPage 43 of 67 \r\n \r\n (3) The selection process shall be completed within thirty days from the commencement of the \r\nselection process. \r\n (4) Independent members shall be of impeccable integrity and proven professional competence in \r\nsuch fields as social work, law, administration, education, corporate sector, etc. \r\n 90. Functions of the Selection Panel. —The selection panel shall invite  applications or \r\nnominations from the public for selection of independent members, and after interviewing eligible and \r\nwilling candidates, forward names of persons twice the number of appointments to be made to the \r\nPresident of Pakistan. \r\n 91. Selection criteria of independent members.—A person shall be disqualified from becoming \r\na member of National Public Safety Commission if he— \r\n(a)  is an activist of any political party or has held any representative office or has \r\nremained a public servant in the six months immediately preceding such \r\nappointment; or \r\n(b)  is found suffering from physical or mental incapacity or illness; or \r\n(c)  is declared a bankrupt, loan defaulter or tax evader; \r\n(d)  is not a citizen of Pakistan; \r\n(e)  holds an office of profit in the service of Pakistan; \r\n(f)  is in the service of any statutory body or any other body which is owned or \r\ncontrolled by the Government or in which the Government has a  controlling share \r\nor interest; \r\n(g) has been dismissed, removed or compulsorily retired from the service of Pakistan \r\non grounds of corruption or any other form of misconduct; \r\n(h)  is convicted of a criminal offence; \r\n(i)  has any conflict of interest; or \r\n(j)  is involved in activities prejud icial to the ideology , interest,  security, unity, \r\nsolidarity, peace and integrity of Pakistan and its people, and the good order and \r\nharmony of society. \r\n 92. Functions of the National Public Safety Commission.—(1) In the performance of its duties \r\nthe National Public Safety Commission shall oversee the functioning of the Federal Investigation Agency, \r\nPakistan Railways Police, Anti-narcotics Force, Frontier Constabulary Pakistan Motorway and Highway \r\nPolice, any other Federal Law Enforcement Agency and Anti -smuggling Wing of Custo ms exercising \r\npolice powers. \r\n (2) Facilitate the establishment and functioning of Citizen Police Liaison Committees in \r\naccordance with Article 168. \r\n \r\nPage 44 of 67 \r\n \r\n (3) Without prejudice to its role under clause (1), the National Public Safety Commission shall \r\nperform the following functions:— \r\n(a)  recommend to the Federal Government panels of three police officers for the \r\nappointment of Capital City Police Officer for Islamabad and for the appointment \r\nof head of Federal Investigation Agency, Pakistan Railways Police, Paki stan \r\nMotorway and Highway Police and Frontier Constabulary; \r\n(b)  recommend to the Provincial Government panels of three police officers for the \r\nappointment of a Provincial Police Officer; \r\n(c)  recommend to the Federal Government premature transfer of Capital City Police \r\nOfficer for Islamabad and head of a Federal Law Enforcement Agency before \r\ncompletion of normal tenure of three years for unsatisfactory performance of duties; \r\nprovided that before making such recommendation the National Public Safety \r\nCommission shall give the concerned officer an opportunity to be heard in person; \r\n(d)  oversee implementation of plans prepared by heads of the respective law \r\nenforcement agencies and approved and published by the government, setting out \r\narrangements for achieving objectives during the year. The plans shall include.- \r\n(i)  a statement of financial resources expected to be ma de available by the \r\nGovernment; and \r\n(ii)  performance targets for the year and their delivery mechanism. \r\n(e)  evaluate the delivery of performance targets on quarterly basis; \r\n(f)  require heads of the relevant Federal Law Enforcement agency to submit to the \r\nNational Public Safety Commission, by end of August each year, a general report \r\nin a manner prescribed by the National Public Safety Commi ssion, which shall be \r\npublished; \r\n(g)  submit an annual report to the Government and the Parliament t hat shall include \r\nthe following; \r\n (i)  an abstract concerning perform ance of the National Public Safety \r\n Commission during the year; \r\n(ii)  a report on the functioning of the Federal Law Enforcement Agencies; and \r\n(iii)  a report on matters connected with general law and order in the country. \r\n(h)  recommend reforms for modernization of laws and procedure in respect of police, \r\nprosecution, prisons and probation services; \r\n(i)  facilitate coordination among the Provincial Public Safety Commissions; \r\n(j)  evaluate the performance of the Islamabad District Public Safety Commission o n \r\nannual basis. If on the basis of the evaluation conducted by the National Public \r\n \r\nPage 45 of 67 \r\n \r\nSafety Commission, the performance of the Commission is found unsatisfactory, \r\nthe government may dissolve the Islamabad District Public Safety Commission and \r\nreconstitute the commission in accordance with the provisions of this Order within \r\nforty five days of such decision; \r\n(k)  conduct enquiry on the recommendation of Islamabad Zila Council through a \r\nresolution passed by two third majority of its total membership for the dis solution \r\nof the Islamabad District Public Safety Commission on grounds of unsatisfactory \r\nperformance of the said Commission, establish veracity or otherwise of the grounds \r\nof recommendation for rejection or onward transmission to the Federal Government \r\nfor the dissolution of the said Public Safety Commission; \r\n(1)  perform functions of the Islamabad District Public Safety Commission during the \r\nperiod it stands dissolved; \r\n(m)  consider the proposals of the National Police Management Board and give its \r\nrecommendations to the government; and \r\n(n)  perform such other functions with regard to public safety and safeguarding interest \r\nof the people, as may be assigned by the government to it for the purpose under any \r\nlaw for the time being in force in particular perta ining to the Prosecution, Prisons \r\nand Probation services. \r\n 93. Terms of members of the National Public Safety Commission. —(1) The term of office of \r\na member shall be the same as that of the National Assembly unless he resigns or is removed from office \r\nat any time before the expiry of his term or ceases to be a member of the National Assembly. \r\n (2) No member shall be eligible for a second term. \r\n (3) Members shall be paid TA and DA for attending meetings, as per rules. \r\n (4) Independent members may be paid honoraria as per rules. \r\n (5) Members shall be Justices of Peace in accordance with the Code. \r\n 94. Removal of members.—The President on his own volition or on the recommendation of the \r\nNational Public Safety Commission may remove a member from office if he— \r\n(a)  ceases to be a citizen of Pakistan; \r\n(b)  is found suffering from physical or mental incapacity or illness; \r\n(c)  is guilty of misconduct; \r\n(d)  is found to have dealt with any matter in which he had a conflict of interest; \r\n(e)  is convicted of a criminal offence; \r\n(f)  is declared a bankrupt, loan defaulter or tax evader; \r\n \r\nPage 46 of 67 \r\n \r\n(g)  is involved in activities prejudicial to the ideology, interest, security, unity, \r\nsolidarity, peace and integrity of Pakistan and its people, and the good order and \r\nharmony of society; \r\n(h)  brings the National Public Safety Commission into disrepute; \r\n(i)  fails to attend its three consecutive meetings without any reasonable cause; \r\n 95. Meetings and conduct of business of the National Public Safety Commission. —(1) The \r\nbusiness of the National Public Safety Commission shall be conducted by the Commission in a meeting. \r\n (2) The meeting may be convened by the Chairperson or on the requisition of three members. \r\n (3) Quorum for the meeting of the Commission shall be two-third of its membership. \r\n (4) Members shall attend meetings of the National Public Safety Commission as and when required \r\nfor which at least a week ’s notice, with agenda, shall be given. There shall be minimum of one meeting \r\nin a month, provided an emergency meeting may be held at a short notice not exceeding twenty four hours. \r\n (5) The ex officio Chairperson will not have the right of vote, except in case of a tie.   \r\n (6) Decisions of the Commission shall be by simple majority. \r\n (7) The Commission may hold public consultations as and when required. \r\n (8) Heads of law enforcement agencies, prosecution service, prison and probation services will \r\nattend meetings of the Commission as non-voting members, when invited. \r\n (9) The Commission may invite any expert for consultations on specific issues. \r\n (10) The Commission may frame rules of procedure for the conduct of the business. \r\n 96. Secretariat.—National Police Bureau referred to in Article 162 shall function as the secretariat \r\nof the National Public Safety Commission. \r\nCHAPTER X \r\nPOLICE COMPLAINTS AUTHORITIES \r\n 97. Establishment of Federal Police Complaints Authority. —The Government shall establish \r\na Federal Police Complaints Authority for enquiring into serious complaints against the members of \r\nFederal Law Enforcement Agencies. \r\n 98. Composition.—(1) The Federal Police Complaints Authority shall consist of a Chairperson \r\nand six members. \r\n (2) The President shall appoint the Chairperson of the Federal Police Complaints Authority. \r\n (3) The Government shall appoint the members of the Federal Police Complaints Authority on the \r\nrecommendation of the Federal Public Service Commission. \r\n \r\nPage 47 of 67 \r\n \r\n 99. Criteria and terms of the members. —(1) The members of the Federal  Police Complaints \r\nAuthority shall be eminent persons of impeccable integrity with skills, knowledge and experience in such \r\nfields as may be specified by the Government. \r\n (2) Persons may be appointed as whole-time or part-time members of the Authority. \r\n (3) A person shall not be appointed for a period of more than three years. \r\n (4) No member or the Chairperson shall be eligible for a second term. \r\n 100. Functions of the Federal Police Complaints Authority. —The Federal Police Complaints \r\nAuthority shall perform the following functions— \r\n(a)  receive from District Public Safety Commission or an aggrieved person in writing \r\non an affidavit complaint of neglect, excess or misconduct against Islamabad \r\nCapital Territory Police Officer or any member of any Federal Law Enforcement \r\nAgency; \r\n(b)  process the complaint and refe r the ordinary cases to an appropriate authority for \r\naction and report and in serious cases initiate action on its own; \r\n(c)  receive from the Islamabad District Public Safety Commission or the Capital City \r\nDistrict Police Officer or Head of a Federal Law E nforcement Agency any report \r\nof death, rape or serious injury to any person in police custody and take steps to \r\npreserve evidence relating to such incident; \r\n(d)  request the Chief Justice of the High Court, in serious cases, to appoint a District \r\nand Sessions Judge for a judicial enquiry; \r\n(e)  appoint in appropriate cases a police officer belonging to the Federal Law \r\nEnforcement Agencies who is senior in rank to the officer complained against as \r\nan inquiry officer, and supervise the inquiry proceedings; \r\n(f)  send a copy of the report to the competent authority and direct him for departmental \r\naction based on the findings of the enquiry or registration of a criminal case as \r\nappropriate and direct the competent authority to submit a report about the action \r\ntaken on the findings of the report; \r\n(g)  inform the complainant of the outcome of the enquiry in writing as soon as possible; \r\n(h)  where the Federal Police Complaints Authority is not satisfied with the order in \r\ncases referred under clause (f), it may send a report to the next higher authority for \r\nrevision of the order by the awarding officer and the process be repeated till it is \r\nconsidered by the final authority; \r\n(i)  in case of any frivolous, false or vexatious complaint, initiate legal action against \r\nthe complainant; \r\n(j)  recommend disciplinary action  against an enquiry officer for willful neglect or \r\nmishandling of an enquiry; \r\n \r\nPage 48 of 67 \r\n \r\n(k)  prepare and send to the Government an annual report on matters relating generally \r\nto its functions, including any matter to which it considers attention of the \r\nGovernment may be drawn by reason of gravity or other exceptional circumstances, \r\nfor laying the report before Parliament; \r\n(1)  establish when necessary in consultation with the Federal Government, regional \r\noffices anywhere in the country or with the agreement of the Pr ovincial \r\nGovernment designate Provincial Police Complaints Authority or District Public \r\nSafety Commission to deal with the complaints of excess or neglect. \r\n 101. Secretariat.—(1) The Government shall establish a permanent secretariat of the Authority. \r\n (2) The Secretariat shall be headed by an officer not below BS 19 who shall be appointed in \r\nconsultation with the Authority. \r\n (3) The organization of the secretariat and functions of officers and staff shall be determined by \r\nthe Authority. \r\n (4) The secretariat shall consist of such number of officers and staff as the Government may in \r\nconsultation with the Authority determine from time to time. \r\n (5) The terms and conditions of service of the staff of the Authority shall be determined by the \r\nGovernment in consultation with the Authority. \r\n 102. Removal of the members.—The procedure of the removal of the Chairperson and members \r\nof the Federal Police Complaints Authority shall be the same as for the members of the Federal Public \r\nService Commission. \r\n 103. Establishment of Provincial Police Complaints Authority. —The Government shall \r\nestablish a Provincial Police Complaints Authority for enquiring into serious complaints against the \r\npolice. \r\n 104. Composition.—(1) The Provincial Police Complaints Authorit y shall consist of a \r\nChairperson and six members. \r\n (2) The Governor shall appoint the Chairperson of the Provincial Police Complaints Authority. \r\n (3) The Government shall appoint the members of the Provincial Police Complaints Authority on \r\nthe recommendation of the Provincial Public Service Commission. \r\n 105. Criteria and terms of the members.— (1) The members of the Provincial Police Complaints \r\nAuthority shall be eminent persons of impeccable integrity with skills; knowledge and experience in such \r\nfields as may be specified by the Government. \r\n (2) Persons may be appointed as whole-time or part-time members of the Authority. \r\n (3) A person shall not be appointed for a period of more than three years. \r\n (4) No member or the Chairperson shall be eligible for a second term. \r\n \r\nPage 49 of 67 \r\n \r\n 106. Functions of the Provincial Police Complaints Authority. —The Provincial Police \r\nComplaints Authority shall perform the following functions― \r\n(a)  receive from District Public Safety Commission or an aggrieved person in writing \r\non an affidavit, complaint of neglect, excess or misconduct against a Police Officer; \r\n(b)  process the complaint and refer the ordinary cases to an appropriate authority for \r\naction and report and in serious cases initiate action on its own; \r\n(c)  receive from the District Public Safety Commission or Head of District Police any \r\nreport of death, rape or serious injury to any person in police custody and take steps \r\nto preserve evidence relating to such incident and request the Chief Justice of the \r\nHigh Court under intimati on to the Government to appoint a Judge not below the \r\nDistrict and Sessions Judge for a judicial enquiry; \r\n(d)  may appoint in appropriate cases a police officer of the same district or of a different \r\ndistrict who is senior in rank to the officer complained against as an inquiry officer, \r\nand supervise the inquiry proceedings; \r\n(e)  send a copy of the report to the competent authority and direct him for departmental \r\naction based on the findings of the enquiry or registration of a criminal case as \r\nappropriate and direct the competent authority to submit a report about the action \r\ntaken on the findings of the report; \r\n(f)  inform the complainant of the outcome of the enquiry in writing as soon as possible; \r\n(g)  where the Provincial Police Complaints Authority is not satisfied with the order in \r\ncases referred under clause (e), it may send a report to the next higher authority for \r\nrevision of the order by the awarding officer and the process be repeated till it is \r\nconsidered by the final authority; \r\n(h)  in case of any frivolous, or vexatious complaint, initiate legal action against the \r\ncomplainant; \r\n(i)  may recommend disciplinary action against an enquiry officer for willful negle ct \r\nor mishandling of an enquiry; \r\n(j)  prepare and send to the Government an annual report on matters relating generally \r\nto its functions, including any matter to which it considers attention of the \r\nGovernment may be drawn by reason of gravity or other exceptional circumstances, \r\nfor laying the report before Provincial Assembly; \r\n(k)  may in consultation with the Provincial Government establish regional offices \r\nanywhere in the Province. \r\n 107. Secretariat.—(1) The Government shall establish a permanent secretariat of the Authority. \r\n (2) The Secretariat shall be headed by an officer not below BS 19 who shall be appointed in \r\nconsultation with the Authority. \r\n \r\nPage 50 of 67 \r\n \r\n (3) The organization of the Secretariat and functions of officers and staff shall be determined by \r\nthe Authority. \r\n (4) The Secretariat shall consist of such  number of officers and staff as  the Government may in \r\nconsultation with the Authority determine from time to time. \r\n (5) The terms and conditions of service  of the staff of the Authority s hall be determined by the \r\nGovernment in consultation with the Authority. \r\n 108. Removal of the members.—The procedure of the removal of the Chairperson and members \r\nof the Provincial Police Complaints Authority shall be the same as for the members of the Provincial \r\nPublic Service Commission. \r\nCHAPTER XI \r\nCRIMINAL JUSTICE COORDINATION COMMITTEE \r\n 109. Establishment.—There shall be a Criminal Justice Coordination Committee in a district. \r\n 110. Composition.—The Criminal Justice Coordination Committee shall consist of— \r\n(a)  District and Sessions Judge (Chairperson) \r\n(b)  Head of District Police \r\n(c)  District Public Prosecutor \r\n(d)  District Superintendent Jail \r\n(e)  District Probation Officer \r\n(f)  District Parole Officer \r\n(g)  Head of Investigation (Secretary) \r\n 111. Functions of the Criminal Justic e Coordination Committee.—(1) The Criminal Justic e \r\nCoordination Committee shall— \r\n(a)  keep under review the operation of the criminal justice system and work towards \r\nthe improvement of the system as a whole; \r\n(b)  promote understanding, co-operation and coordination in the administration of the \r\ncriminal justice system; \r\n(c)  exchange information and give advance notice of local developments, which may \r\naffect other parts of the system; \r\n(d)  formulate co-ordinated priorities and plans to give effect to locally agreed policies; \r\n(e)  raise relevant issues with the appropriate authorities; \r\n(f)  promote the spread of good practices; and \r\n \r\nPage 51 of 67 \r\n \r\n(g)  review the implementation of any decisions taken by the Criminal Justice \r\nCoordination Committee. \r\n (2) The meeting of the Criminal Justice Coordination Committee shall be held at least once a \r\nmonth. The secretary of the committee shall record the minutes of the meetings. \r\nCHAPTER XII \r\nREGULATION, CONTROL AND DISCIPLINE OF THE POLICE \r\n 112. Rule making by Provincial Police Officer or Islamabad Capital City Police Officer. —\r\nProvincial Police Officer, or Islamabad Capital City Police Officer, as the case may be, with the  prior \r\napproval of the Government, may by notification in the official gazette, make rules for carrying into effect \r\nthe provisions of this Order. \r\n 113. Punishments.—Subject to the rules, a member of the police may at any  time be suspended, \r\ndismissed, compulsorily retired, reduced in rank or pay, within a time scale, fined, censured or awarded \r\nany other punishment in the prescribed manner. \r\n 114. Code of Conduct.—(1) Provincial Police Officer and Capital City Police Officer shall issue \r\nCode of Conduct to regulate police practices in respect of— \r\n(a)  the exercise by police officers of statutory powers of stop and search; \r\n(b)  the searching of premises by police officers and the seizure of property found by \r\npolice officers on persons or premises; \r\n(c)  the detention, treatment and questioning of persons by police officers; and \r\n(d)  the identification of persons by police officers. \r\n (2) Subject to rules, a police officer contravening the Code of Conduct may be awarded one or \r\nmore punishments provided under Article 113. \r\n 115. Police officer at any time liable to be called for duty.—A police officer when off-duty, on \r\nleave or under suspension shall be liable to be called for duty. \r\n 116. Withdrawal from duty and resignation, etc. —(1) No Police officer shall wit hdraw from \r\nthe duties of his office unless expressly allowed to do so in writing by Head of district Police or by some \r\nother officer authorised to grant such permission \r\n Explanation: A police officer who being absent on leave fails without reasonable cause  to report \r\nfor duty on the expiration of such leave shall be deemed within the meaning of this Article to withdraw \r\nhimself from the duties of his office. \r\n (2) No police officer shall resign his office unless he has given to his superior officer notice in \r\nwriting for a period of not less than two months of his intention to resign. \r\n 117. Police officer not to engage in any other employment. —No police officer shall engage in \r\nany private employment while he is a member of the police establishment. \r\n \r\nPage 52 of 67 \r\n \r\nCHAPTER XIII \r\nPOWERS TO ISSUE ORDERS \r\n 118. Power to issue orders. —The Head of District Police may, in an emergency, for the \r\nmaintenance of public order or preventing public nuisance, issue orders to give effect to the provisions of \r\nany Municipal law, rules or bye-laws for the time being in force. \r\n 119. Power to give direction to the public.—Subject to rules, a police officer not below the rank \r\nof a Sub-Inspector may, give such directions as may be necessary to: \r\n(a)  direct the conduct and behaviour or action s of persons constituting processions or \r\nassemblies on roads or streets; \r\n(b)  prevent obstructions― \r\n(i)  on the occasion of processions and assemblies; \r\n(ii)  in the neighbourhood of places of worship during the time of worship; and \r\n(iii)  when a street or public place or place of public resort may be thronged or \r\nliable to be obstructed. \r\n(c)  keep order on streets, mosques, churches or other places of worship and places of \r\npublic resort when these may be thronged or liable to be obstructed. \r\n 120. Regulation of public assemblies and processions and licensing of same. —(1) Head of \r\nDistrict Police or Assistant or Deputy Superintendent of Police may as occasion require, direct the conduct \r\nof assemblies and processions on public roads, or in public streets or thoro ughfares and prescribe the \r\nroutes by which and the times at which, such processions may pass. \r\n (2) He may also, on being satisfied that it is intended by any persons or class of persons to convene \r\nor collect any assembly in any such road, street or thoroughfare, or to form a procession which would, in \r\nhis judgement, if uncontrolled, be likely to cause a breach of the peace, require by general or special notice \r\nthat the persons convening or collecting such assembly or directing or promoting such processions shall \r\napply for a licence. \r\n (3) On such application being made, he may issue a licence specifying the names of the licensees \r\nand defining the conditions on which alone such assembly or such procession is to permitted to take place \r\nand otherwise giving effect to this Article: \r\n Provided that no fee shall be charged on the application for, or grant of any such licence. \r\n 121. Powers with regard to assemblies and processions violating the conditions of licence.—\r\n(1) Head of District Police or Assistant or Deputy Superintendent of Police or Inspector of police or an \r\nofficer in-charge of a police station may stop any procession which violates the conditions of a licence \r\ngranted under the last forgoing Article, and may order it or any assembly which violates any such  \r\nconditions as aforesaid to disperse. \r\n \r\nPage 53 of 67 \r\n \r\n (2) Any procession or assembly, which neglects or refuses to obey any order given under clause \r\n(1) shall be deemed to be an unlawful assembly. \r\n 122. Power to prohibit certain a cts for prevention of disorder. —(1) Head of District Police \r\nmay, whenever and for such time as he may consider necessary but not exceeding two days by notification \r\npublicly promulgated or addressed to individuals prohibit in any urban or rural area, the carrying of arms, \r\ncudgels, swords, spears, bludgeons, guns, knives, sticks, lathis or any other article, which is capable of \r\nbeing used for causing physical violence and the carrying of any corrosive substance or explosives, the \r\ncarrying, collection or preparation of stones or other missil es or instruments of means of casting or \r\nimpelling missiles. \r\n (2) If any person goes armed with any article as is referred to in of clause (1), such article shall be \r\nliable to be seized from him by a police officer. \r\n 123. Power to give directions against s erious disorder at places of amusement, etc. —(1) For \r\nthe purpose of preventing serious disorder or breach of the law or imminent danger to those assembled at \r\nany place of public amusement or at any assembly or meeting to which the public are invited or whi ch is \r\nopen to the public, any police officer of the rank of Assistant Sub Inspector or above, present at such place \r\nof public amusement, or such assembly or meeting, may subject to such rules, regulations or orders as \r\nmay have been lawfully made, give such reasonable directions as to the mode of admission of the public \r\nto, and lawful conduct of the proceedings and the maintaining of the public safety, at such place of \r\namusement or such assembly or meeting as he thinks necessary and all persons shall be bound to conform \r\nto every such reasonable direction. \r\n (2) Every police officer while on duty shall have free access to any place of public amusement, \r\nassembly or meeting for the purpose of giving effect to the provisions of clause (1) and to any direction \r\nmade there under. \r\n 124. Erecting of barriers in streets, etc. —Any police officer may in an emergency temporarily \r\nclose any street or public place through erection of barriers or other means, to prohibit persons or vehicles \r\nfrom entering such area. \r\n 125. Power to search suspected persons or vehicles in street, etc.—When in a street or a place \r\nof public resort a police officer on reasonable grounds suspects a person or a vehicle to be carrying any \r\narticle unlawfully obtained or possessed or likely t o be used in the commission of an offence, he may \r\nsearch such person or vehicle; and if the account given by such person or possessor of the vehicle appears \r\nto be false or suspicious, he may detain such article after recording in writing the grounds of suc h action \r\nand issue a receipt in the prescribed form and report the facts to the officer in-charge of the police station \r\nfor informing the court for proceeding according to law against the person. \r\nCHAPTER XIV \r\nSPECIAL MEASURES FOR MAINTENANCE OF PUBLIC ORDER AND SECURITY \r\n 126. Employment of additional police to keep peace. —(1) Capital City Police Officer or City \r\nPolice Officer and District Police Officer subject to approval of Provincial Police Officer may on \r\napplication of any person depute any additional number of police to keep the peace, to preserve order, to \r\n \r\nPage 54 of 67 \r\n \r\nenforce any provisions of th is Order, or any other law, in respect of any particular class or classes of \r\noffences or to perform any other duties imposed on the police. \r\n (2) Subject to rules, such additional police shall be employed at the cost of the person making the \r\napplication. \r\n (3) If the person upon whose application such additional police are employed gives one week ’s \r\nnotice for the withdrawal of the said police, he shall be relieved from the cost thereof at the expiration of \r\nsuch notice. \r\n (4) If there is any dispute on payment, Head of District Police on an application by the aggrieved \r\nparty may refer the matter to the Government for final decision. \r\n 127. Employment of additional police at the cost of organizers, etc.—(1) Whenever it appears \r\nto Head of District Police that— \r\n(a)  any large work which is being carried on, or any public amusement, or event at any \r\nplace is likely to impede the traffic or to attract a large number of people; or \r\n(b)  the behaviour or a reasonable apprehension of the behaviour of the persons \r\nemployed on  any railway, canal or other public work, or in or upon any \r\nmanufactory or other commercial concern under construction or in operation at any \r\nplace, necessitates the employment of additional police at such place;  \r\n he may depute such number of additional police to the said place for so long as the \r\nnecessity to employ the additional police shall appear to be expedient. \r\n (2) Subject to rules, the cost of such additional police shall be borne by the organisers  of such \r\nevents or employers of such works or concerns, as the case may be, at rates approved by the appropriate \r\ngovernment from time to time. \r\n 128. Compensation for injury caused by unlawful assembly. —When any loss or damage is \r\ncaused to any property or w hen death or grievous hurt is caused t o any person or persons, by any  thing \r\ndone in furtherance of the common object of an unlawful assembly, the trial court may determine the \r\namount of compensation which, in its opinion should be paid by members of the un lawful assembly to \r\nany person or persons in respect of the loss or damage or death or grievous hurt caused. \r\n 129. Recovery of amount payable under Articles 126 and 127. —Any amount payable under \r\nArticle 126 and Article 127 shall be recovered in the same manner as if it were arrears of land revenue. \r\n 130. Recovered amount to go to treasury.—Amounts payable under Article 126 and Article 127 \r\nshall be credited to the treasury. \r\n 131. Banning of use of dress resembling uniform of police or armed forces.— (1) If Provincial \r\nPolice Officer or the Capital City Police Officer or City Police Officer is satisfied that the wearing in \r\npublic, by any member of any body, association or organization, of any dress or article of apparel \r\nresembling the uniform worn by police or  members of the Armed Forces or any uniformed force \r\nconstituted by or under any law for the time being in force, is likely to prejudice the security of the state \r\n \r\nPage 55 of 67 \r\n \r\nor the maintenance of public order, he may by a special order prohibit or restrict the wearing  or display, \r\nin public of any such dress or article of apparel by any member of such body or association or organization. \r\n (2) Every order under clause (1) shall be published in the Official Gazette. \r\n Explanation:  For the purpose of clause (1) a dress or article of apparel shall be deemed to \r\nhave been worn or displayed in public if it is worn or displayed in any place to which the public \r\nhave access. \r\n 132. Control of camps, parades, etc. —If Head of District Police is satisfied that it is necessary \r\nin the interest of maintenance of public order, he may by a special order prohibit or restrict throughout the \r\ndistrict or any part thereof all meetings and assemblies of persons for the purpose of training in the use of \r\narms or taking part in any such camp, parade or procession. \r\n 133. Authority of Head of District Police over the village police.—Head of District Police shall \r\nfor the purpose of carrying this Order into effect, exercise authority and control over village watchmen or \r\nvillage police officers. \r\nCHAPTER XV \r\nRESPONSIBILITIES OF POLICE IN RELATION TO UNCLAIMED PROPERTY \r\n 134. Police to make inventory of unclaimed property, etc.—It shall be the duty of every police \r\nofficer to take charge and make inventory of any unclaimed property found by, or made over to him, and \r\nfurnish a copy of the inventory to Head of District Police without delay, who shall send a copy of the same \r\nto District Public Safety Commission. \r\n 135. Procedure for disposal of unclaimed property. —(1) Where any property has been taken \r\ncharge of under Article 134, Head of District Police shall issue a proclamation within fifteen days in the \r\nprescribed manner specifying the articles of which such property consists and requiring that any person \r\nwho may have a claim thereto shall appear before him or some other officer not below the rank of Assistant \r\nSuperintendent of Police or Deputy Superintendent of Police especially authorised in this behalf and \r\nestablish his claim within three months from the date of such proclamation. \r\n (2) If the property, or any part thereof, is subject to speedy and na tural decay or if the property \r\nappears to be of the value of less than one thousand rupees, it may forthwith be disposed off in the \r\nprescribed manner under the orders of Head of District Police and the net proceeds of such sale shall be \r\ndealt with in the manner provided in Articles 136 and 137. \r\n (3) Where any person who has a claim to the property is required by the proclamation under clause \r\n(1) to appear before an officer authorised by the Head of District Police and establish his claim, such \r\nofficer shall forward the record of the proceedings to the Head of District Police. \r\n (4) Head of District Police shall follow the directions of the District Public Safety Commission in \r\ndisposal of property under clause (3). \r\n 136. Delivery of property to person entitled .—(1) Head of District Police on being satisfied of \r\nthe title of any claimant to the possession or administration of the property specified in the proclamation \r\nissued under clause (1) of Article 135 order the same to be delivered to him. \r\n \r\nPage 56 of 67 \r\n \r\n (2) In case where there is more than one claimant to the same property the matter shall be referred \r\nby the Head of District Police to the competent court. \r\n 137. Disposal of property, if no claimant appears. —If no person establishes his claim to such \r\nproperty within the per iod specified in the proclamation, the property, or such part thereof as has not \r\nalready been sold under clause (2) of Article 135 shall, with the approval of appropriate Public Safety \r\nCommission, be disposed off in the prescribed manner and the proceeds shall be deposited in the treasury. \r\nCHAPTER XVI \r\nOFFENCES AND PUNISHMENTS \r\n 138. Causing mischief in street by animal or vehicle. —No person shall cause damage, injury, \r\ndanger, alarm or mischief in any street or public place by negligent or reckless driving or  by driving any \r\nvehicle or animal  laden with timber, poles or other unwieldy articles through a street or public pl ace \r\ncontrary to any regulation. \r\n 139. Causing obstruction in a street.—No person shall cause obstruction in any street or public \r\nplace— \r\n(a)  by allowing any animal or vehicle, which has to be loaded or unloaded, or take up \r\nor set down passengers, to remain or stand in the street or the public place longer \r\nthan may be necessary for such purpose; or \r\n(b)  by leaving any vehicle standing or fa stening any cattle in the street or the public \r\nplace; or \r\n(c)  by using any part of a street or public place as a halting place for vehicles or cattle; \r\nor \r\n(d)  by causing obstruction in any other manner. \r\n 140. Wilful or negligent conduct in respect of dogs. —No person shall in any street or public \r\nplace— \r\n(a)  let loose any dog wilfully or ne gligently so as to cause danger, injury, alarm or \r\nannoyance; or \r\n(b)  suffer a ferocious dog to be at large without a muzzle; or \r\n(c)  set on a dog to attack any person or horse or other animal. \r\n 141. Penalty for offences under Articles 138 to 140. —Any person who contravenes any of the \r\nprovisions of Articles 138 to 140 shall, on conviction, be punished with fine, which may extend to ten \r\nthousand rupees, or, in default of payment, with imprisonment for a term not exceeding thirty days. \r\n 142. Suffering disorderly conduct. —Whoever being the keeper of any place of public \r\namusement or public entertainment, knowingly permits or suffers disorderly behaviour or any gambling \r\nor any other criminal act, whatsoever, in such place, shall, on conviction be punished with fine which may \r\nextend to ten thousand rupees. \r\n \r\nPage 57 of 67 \r\n \r\n 143. Penalty for contravening orders, etc. under Article 118. —Whoever contravenes or abets \r\nthe contravention of any order made under Article 118 or any of the condition of the licence issued under \r\nsuch regulations shall on conviction be fined up to ten thousand rupees. \r\n 144. Penalties for contravention  of  order,  etc.  under  Article 119 and Articles 122 and \r\n123.—(1) Whoever contravenes, disobeys, opposes or fails to conform to any order given by a police \r\nofficer under Article 119, and Article 123 shall, on conviction, be punished with fine, which may  extend \r\nto ten thousand rupees. \r\n (2) Whoever contravenes a notification or an order made under clause (1) of Article 122 shall be \r\npunished with imprisonment for a term which shall not be less than three months but may extend to two \r\nyears and with fine up to one hundred thousands rupees. \r\n 145. Penalty for contravention of orders under Articles 131 and 132. —Whoever contravenes \r\nany order made under Article 131 and Article 132 shall, on con viction, be punished with imprisonment \r\nfor a term, which may extend to three years, or with fine up to one hundred thousand rupees, or with both. \r\n 146. Penalty for obtaining employment as a police officer through fraudulent means. —Any \r\nperson who makes a fa lse statement or a statement which is misleading in material particulars or uses a \r\nfalse document for the purpose of obtaining employment as a police officer shall on conviction be \r\npunished with imprisonment for a term which may extend to one year, or with  fine up to fifty thousand \r\nrupees, or with both. \r\n 147. Warning to first offender.—It shall be lawful for Head of District Police or any other officer \r\nauthorized by him not below the rank of Inspector, to request the relevant court to issue in lieu of \r\nprosecution, a warning in writing to the accused in relation to first commission of any offence mentioned \r\nin Articles 138 to 140: \r\n Provided that for any subsequent offence mentioned in this Article the offender on \r\nconviction will be awarded at least half of the prescribed punishment. \r\n 148. Defiling water in public wells, etc. —Whoever shall defile or cause to be defiled water in \r\nany public well, tank, reservoir, pond, pool, aqueduct or part of a river, stream, nullah or other source or \r\nmeans of water supply, so a s to render the same unfit for the purpose for which it is set apart, shall on \r\nconviction be punished with imprisonment for a term which may extend to six months or with fine which \r\nmay extend to thirty thousand rupees, or with both. \r\n 149. False alarm of fire, etc.—Whoever knowingly gives or causes to be given a false alarm of \r\nfire to the fire brigade or to any officer or fireman thereof shall on conviction be punished with \r\nimprisonment for a term which may extend to three months or with fine which may ext end to fifteen  \r\nthousand rupees, or with both. \r\n 150. Penalty for contravention of orders made under Article 124. —Whoever contravenes, or \r\nabets the contravention of any order made under Article 124 shall, on conviction, be punished with \r\nimprisonment which may extend to three months, or with fine which may extend to te n thousand rupees \r\nor with both. \r\n \r\nPage 58 of 67 \r\n \r\n 151. Penalty for unauthorized use of police uniform.—If any person not being a member of the \r\npolice wears without authorisation, the uniform of police or any dres s having the appearance or bearing \r\nany of the distinctive marks of police uniform, he shall, on conviction, be punished with imprisonment for \r\na term which may extend to three years, or with fine up to one hundred thousand rupees, or with both. \r\n 152. Penalty for frivolous or vexatious complaint. —Any person who files a complaint against \r\nthe police, which on enquiry by the Police Complaints Authority is held frivolous or vexatious, shall be \r\npunished on conviction with imprisonment for six months, or with fine,  which may extend to fifty  \r\nthousand rupees, or with both. \r\n 153. Cer tain offences to be cognizable. —Notwithstanding anything contained in the Code, \r\noffences falling under Articles 148 to 152 shall be cognizable. \r\n 154. Power to try offences summarily.—The court trying offences under this chapter shall have \r\npower to try such offences summarily in accordance with the procedure laid down  for summary trial in \r\nthe Code. \r\nCHAPTER XVII \r\nOFFENCES BY AND PUNISHMENTS FOR POLICE OFFICERS \r\n155. Penalty for certain types of misconduct by police officers.—(1) Any police officer who— \r\n(a)  makes for obtaining release from service as police officer, a false statement or a \r\nstatement which is misleading in material particulars or uses a false document \r\nfor the purpose; \r\n(b)  is guilty of cowardice, or being a police officer of junior rank, resigns his office or \r\nwithdraws himself from duties without permission; \r\n(c)  is guilty of any wilful breach or neglect of any provision of law or of any rule or \r\nregulation or any order which he is bound to observe or obey; \r\n(d)  is guilty of any violation of duty; \r\n(e)  is found in a state of intoxication, while on duty; \r\n(f)  malingers or feigns or voluntarily causes hurt to himself with the intention to render \r\nhimself unfit for duty; \r\n(g)  is grossly insubordinate to his superior officer or uses criminal force against a \r\nsuperior officer; or \r\n(h)  engages himself or participates in any demonstration, procession or strike or resorts \r\nto or in any way abets any form of strike or coercion or physical duress to force any \r\nauthority to concede anything, \r\nshall, on conviction, for every such offence be punished with imprisonment for a term which may extend \r\nto three years and with fine. \r\n \r\nPage 59 of 67 \r\n \r\n (2) Prosecution under this Article shall require a report on writing by an officer authorized in this \r\nbehalf under the rules. \r\n 156. Penalty for vexatious entry, search, arrest, seizure of property, torture, etc.  Whoever, \r\nbeing a police officer— \r\n(a)  without lawful authority, or reasonable cause, enters or searches or cause s to be \r\nentered or searched any building, vessel, tent or place; \r\n(b)  vexatiously and unnecessarily seizes the property of any person; \r\n(c)  vexatiously and unnecessarily detains, searches or arrests any person; or \r\n(d)  inflicts torture or violence to any person in his custody; \r\nshall, for every such offence, on conviction, be punished with imprisonment for a term, which may extend \r\nto five years and with fine.  \r\n 157. Penalty for unnecessary delay in produc ing arrested persons in courts. —Any police \r\nofficer who vexatiously and unnecessarily delays the forwarding to a court or to any other authority to \r\nwhom he is legally bound to forward any arrested person, shall, on conviction, be punished with \r\nimprisonment for a term which may extend to one year and with fine. \r\nCHAPTER XVIII \r\nNATIONAL POLICE MANAGEMENT BOARD \r\n 158. Establishment. —The Federal Government shall establish National Police Management \r\nBoard. \r\n 159. Composition.—The National Police Management Board shall consist of the following heads \r\nof the police establishments and the Federal Law Enforcement Agencies:— \r\n(a)  Provincial Police Officers of Punjab, Sindh, NWFP and Balochistan; \r\n(b)  Inspectors General of Railways Police, Pakistan Motorway and Highway Police, \r\nNorthern Areas and AJK; \r\n(c)  Capital City Police Officers of Islamabad, Lahore, Karachi, Peshawar and Quetta; \r\n(d)  Directors General of Federal Investigation Agency and Anti Narcotics Force; \r\n(e)  Commandants of National Police Academy and Frontier Constabulary; \r\n(f)  Director General of National Police Bureau (Member Secretary); and  \r\n(g)  any other member that the Federal Government may nominate.  \r\n 160. Functions of the National Police Management Board.—The National Police Management \r\nBoard shall perform the following functions, namely:— \r\n \r\nPage 60 of 67 \r\n \r\n(a)  advise the Federal and Provincial Governments on matters concerning general \r\nplanning, development and standardisation of administration, education and \r\ntraining, gender sensitisation, communications, criminal identification facilities, \r\ncriminal statistics and equipment of police and other law enforcement agencies; \r\n(b)  identify and arrange research in the areas of criminology, terrorism, sectarian and \r\nethnic violence, drug trafficking, organised crime, inter -provincial crime, crime \r\nhaving international dimensions, etc.; \r\n(c)  recommend Federal Government grants to various police organizations and Federal \r\nLaw Enforcement Agencies for enhancing their operational capabilities; \r\n(d) recommend steps for securing inter -governmental and inter -agency assistance to \r\nensure a comprehensive and cohesive arrangement for crime control and internal \r\nsecurity; \r\n(e)  recommend to the Federal and Provincial Governments standards of recruitment, \r\nappointment, promotions, transfers, tenure and discipline; \r\n(f)  develop standing operati ng procedures based on internationally accepted good \r\npractices for adoption by the Police and Law Enforcement Agencies in the country \r\nto improve their performance; and \r\n(g)  any other duties that the Federal Government may assign to it. \r\n 161. Meeting and conduct of business of the Board.—(1) Normally two meetings shall be held \r\nin a year. Meetings may, however, be convened by the Secretary of the board on the requisition by half of \r\nthe members of the board. \r\n (2) Quorum for the meeting will be three quarters of the total membership and no participation by \r\nproxy shall be allowed. \r\n (3) Members shall attend the meetings as and when required for which at least one month’s notice, \r\nwith agenda shall be given. \r\n (4) The meetings shall be presided over by the senior most member present. \r\n (5) The Board may invite any expert for consultations. \r\n 162. National Police Bureau. —(1) A National Police Bureau headed by a Director General not \r\nbelow the rank of Additional Inspector General of Police shall be established. \r\n (2) The National Police Bureau shall function as permanent secretariat of the National Public \r\nSafety Commission and the National Police Management Board. \r\n (3) The Government shall determine the organization of the National Police Bureau and provide \r\nsuch number of staff as it may determine from time to time. \r\n (4) The National Police Bureau shall perform research and development functions as assigned to \r\nit by the National Police Management Board and the National Public Safety Commission. \r\n \r\nPage 61 of 67 \r\n \r\n (5) Perform such other functions as may be assigned to it by the Government. \r\n (6) The National Police Bureau as secretariat to the National Public Safety Commission shall \r\nfunction independently but for all other functions the Bureau shall be under the Interior Division. \r\nCHAPTER XIX \r\nMISCELLANEOUS \r\n 163. Provision of advice and assistance to International Organizations etc. —The Police may \r\nprovide advice and assistance to an International Organization or to any other person or body engaged in \r\ninvestigation of criminal cases outside Pakistan with the permission of the Government. \r\n 164. Coordination by Federal Government.—The Federal Government shall coordinate for the \r\npurpose of efficiency in the police administration among general police areas falling under the Federal or \r\nthe Provincial governments. \r\n 165. Constitution of Promotion Boards etc. —Subject to rules, promotion of police officers of \r\nthe provincial police shall be made on the recommendations of the departmental promotion \r\ncommittees/promotion boards: \r\n Provided that the departme ntal promotion committees/ promotion boards shall be headed by an \r\nofficers not below the rank of— \r\n(a)  Assistant Superintendent of Police or Deputy Superintendent of Police for \r\npromotion to the rank of Head Constable; \r\n(b)  Superintendent of Police for promotion to the rank of Assistant Sub-Inspector and \r\nSub-Inspector; \r\n(c)  Deputy Inspector General of Police for promotion to the rank of Inspector. \r\n(d)  Additional Inspector General of Police for promotion to the rank of Deputy \r\nSuperintendent of Police; and \r\n(c)  Inspector General for promotion to the rank of Superintendent of Police. \r\n 166. Criminal Statistics and reports.—(1) The Provincial Government shall at such times and in \r\nsuch form as the Federal Government may direct, transmit statistic and reports to the Federal Government \r\nwith respect to officers, offenders, criminal proceedings and the state of law and order in the Province as \r\nthe Federal Government may require. \r\n (2) The Federal Government shall cause a consolidated abstract of the information transmit ted to \r\nit under clause (1) to be prepared and laid before the National Assembly. \r\n (3) The Federal Government may require a Provincial Government to submit reports on such \r\nmatters as may be specified in the requirements on matters connected with police performance. \r\n (4) A requirement under clause (3) may specify the form in which a report is to be submitted. \r\n \r\nPage 62 of 67 \r\n \r\n (5) The Provincial Government may direct the submission of such reports and returns by the \r\nProvincial Police Officers and other police officers as it may deem proper and may prescribe the form in \r\nwhich such returns shall be made. \r\n 167. Maintenance of D aily Diary at a police station. —(1) A register of  Daily Diary shall be \r\nmaintained at every polic e station in such form as shall,  from time to time, be pres cribed and to record \r\ntherein the names of all complainants, persons arrested, the offences charged against them,  the weapons \r\nor property that shall have been taken from their possession or otherwise, and the names of the witnesses \r\nwho shall have been examined. \r\n (2) The District and Sessions Judge of the district may call for and inspect such Diary. \r\n 168. Citizen Police Liaison Committees.—The Government may establish Citizen Police Liaison \r\nCommittees as voluntary, self financing and autonomous bodies, in co nsultation with National Public \r\nSafety Commission or Provincial Public Safety Commission, as the case may be, for - \r\n(a)  training and capacity building of Public Safety Commission; \r\n(b)  developing mechanism for liaison between aggrieved citizens and p olice for \r\nproviding relief; and \r\n(c)  assistance to Public Safety Commissions, Police Complaints Authority and the \r\npolice for the expeditious and judicious discharge of their duties. \r\n 169. Public Safety Fund. —(1) The Government may, by notification in the Official Gazette, \r\nconstitute Public Safety Fund at the Provincial and District levels consisting of— \r\n(a)  Grants made by the Federal Government, the Provincial Government and the \r\nDistrict Governments to the police. \r\n(b)  Contributions made in cash or kind by the public for the improvement of police \r\nservice delivery to be credited to District Public Safety Fund. \r\n (2) The Provincial Government may credit one-half of the sums of the traffic fines to the Provincial \r\nPublic Safety Fund. \r\n (3) All receipts mentioned in sub-clauses (a) and (b) of clause (1) and cl ause (2) may be credited \r\nto the Provincial or District Public Safety Fund as the case may be under a Head of Account in the Public \r\nAccount duly authorised by the Controller General of Accounts. \r\n (4) The Fund shall be non-lapsable. \r\n (5) Accounts shall be ke pt of payments made into or out of this fund, which shall be audited by \r\nthe Auditor General at the end of each financial year. \r\n (6) The Public Safety Fund at Provinci al level shall be operated by the  Provincial Public Safety \r\nCommission and at the district level by the District Public Safety Commission subject to any rules and \r\nregulations made under this Order. \r\n (7) The Public Safety Fund shall be applied for the purpose of:— \r\n \r\nPage 63 of 67 \r\n \r\n(a)  improving facilities for public and service delivery at police stations. \r\n(b)  improving traffic police; and \r\n(c)  rewarding police officers for good performance. \r\n 170. Officers  holding  charge  of  or  succeeding  to  vacancies competent  to exercise \r\npowers.— Wherever in consequence of the office of Head of District Police becoming vacant, any officer \r\nwho holds charge of such post or succeeds either temporarily or permanently to his office under the orders \r\nof the competent appointing authority, such officer sh all be competent to exercise all the powers and \r\nperform all the duties respectively conferred and imposed by this Order on Capital City Police Officer, \r\nCity Police Officer or District Police Officer. \r\n 171. No police officer to be liable to any penalty or p ayment of damages on account of acts \r\ndone in good faith in pursuance of duty.—No police officer shall be liable to any penalty or to payment \r\nof damages on account of an act done in good faith in pursuance or intended pursuance of any duty \r\nimposed or any authority conferred on him by any provision of this Order or any other law for the time \r\nbeing in force or any rule, order or direction made or given therein. \r\n 172. Suits or prosecutions in respect of acts done under colour of duty not to be entertained \r\nif not instituted within the prescribed period. —In case of an alleged offence by a police officer, or a \r\nwrong alleged to have been done by him or by any act done under colour of duty or in exercise of any \r\nsuch duty or authority of this Order or when it shall ap pear to the Court that the offence or wrong if \r\ncommitted or done was of the character aforesaid, the prosecution or suit shall not be entertained, or shall \r\nbe dismissed, if instituted after more than six months from the date of the action complained of. \r\n 173. Notice of suit to be given with sufficient description of wrong complained of.—(1) In the \r\ncase of an intended suit on account of an alleged wrong referred to in Article 172 by a police officer, the \r\nperson intending to sue shall give two month’s notice as prescribed in section 80 of Civil Procedure Code \r\n1908, of the intended suit with sufficient description of the wrong complained of. \r\n (2) The provisions of section 80 of the Civil Procedure Code, 1908, shall₋mutatis mutandis apply \r\nto the notice referred to in clause (1). \r\n 174. Licences and written permissions to specify conditions, etc. —Any licence  or written \r\npermission granted under the provisions of this Order shall specify the period, locality, conditions and \r\nrestrictions subject to which the same is granted and shall be given under the signature of the competent \r\nauthority. \r\n 175. Revocation of licence or permission.—Any licence or written permission granted under this \r\nOrder may at any time be suspended ог revoked by the competent authority after due notice if any of its \r\nconditions or restrictions is infringed or evaded by the person to whom it has  been granted, or if such \r\nperson is convicted of any offence in any matter to which such licence or permission relates. \r\n 176. When licence or permission is revoked, the grantee would be deemed to be without \r\nlicence.—When any such licence or written permiss ion is suspended or revoked, or when the period for \r\nwhich the same was granted has expired, the person to whom the same was granted shall, for all purposes \r\n \r\nPage 64 of 67 \r\n \r\nof this Order, deemed to be without a licence or written permission, until the order for suspending or \r\nrevoking the same is cancelled, or until the same is renewed, as the case may be. \r\n 177. Grantee to produce licence and written permission when required. —Every person to \r\nwhom any such licence or written permission has been granted, shall, while the same remains in force, at \r\nall reasonable time, produce the same if so required by a police officer. \r\n \r\n 178. Public notices how to be given. —Any public notice required to be  given under any of the \r\nprovisions of this Order shall be in writing under the signature o f a competent authority and shall be \r\npublished in the locality to be affected thereby, by affixing copies thereof in conspicuous public places, \r\nor by proclaiming the same with beat of drums, or by advertising the same in local newspapers in regional \r\nlanguages and English or Urdu, as the said authority may deem fit, or by electronic media, or by any two \r\nor more of these means and by any other means it may think suitable. \r\n 179. Consent of competent authority how to be proved.—Whenever under this Order, the doing \r\nor the omitting to do anything or the validity of anything depends upon the consent, approval, declaration, \r\nopinion or satisfaction of a competent authority, a written document signed by the competent  authority \r\npurporting to convey or set forth such co nsent, approval, declaration, opinion or satisfa ction shall be \r\nevidence thereof. \r\n 180. Signature on notices may be stamped. —Every licence, written permission, notice or other \r\ndocument, not being a summons or warrant or search warrant, required by this Orde r, or by any rule \r\nhereunder, to bear the stamp and the signature of Head of District Police and it shall be deemed to be \r\nproperly signed if it is a facsimile of the document bearing his signature. \r\n 181. Persons interested may apply to annul, reve rse or alter any rule or order. —In the case \r\nof any rule or order made under an authority conferred by this Order and requiring the public or a particular \r\nclass of persons to perform some duty or act, or to conduct or order themselves or those under their control \r\nin a manner therein described, it shall be competent for any interested person to apply to the authority \r\nissuing such rule or order to annul, reverse or alter the rule or order aforesaid on the ground of its being \r\nunlawful, oppressive or unreasonable: \r\n Provided that the appropriate government shall exercise jurisdiction for revision against \r\nsuch orders. \r\n 182. Notification of rules and regul ations in the Official Gazette. —Every rule and regulation \r\nmade under this Order shall be made by notification in the Official Gazette. \r\n 183. Powers to prosecute under any other law not affected. —Nothing contained in this Order \r\nshall be construed to prevent any person from being prosecuted under any other law for the time being in \r\nforce for any offence made punishable under this Order. \r\n 184. Power to amend.—Without prejudice to the power of the Federal Government to amend this \r\nOrder, any Provincial government may, with the approval of the Chief Executive of the Islamic Republic \r\nof Pakistan, amend, vary or modify any provision of this Order relating to the Province on the basis of its \r\nspecific requirements and circumstances. \r\n \r\nPage 65 of 67 \r\n \r\n 185. Repeal and savings. —(1) The Police Act, 1861, (V of 1861), hereinafter referred to as the \r\nsaid Act, is hereby repealed: \r\n  Provided that— \r\n(a)  all rules prescribed, appointments made, powers conferred, orders made or passed, \r\nconsent, permit, permission of licences given, summons  or warrants issued or \r\nserved, persons, arrested or detained or discharged on bail or bond, search warrants \r\nissued, bond forfeited, penalty incurred under the said Act shall, so far as they are \r\nconsistent with this Order, be deemed to have been respectively prescribed, made, \r\nconferred, given, passed, served, arrested, detained, discharged, forfeited and \r\nincurred hereunder; \r\n(b)  all references made to the said Act or in any law or instrument shall be construed \r\nas references to the corresponding provisions of this Order. \r\n(2) Notwithstanding the repeal of the said Act, the repeal shall not— \r\n(a)  affect the validity, invalidity, effect or consequence of anything duly done or \r\nsuffered under the said Act; \r\n(b) affect any right, privilege, obligation or liability acquired, accrued or incurred under \r\nthe said Act; \r\n(c)  affect any penalty, forfeiture or punishment incurred or inflicted in respect of any \r\nact or offence committed against the said Act; \r\n(d) affect any investi gation, legal proceeding or remedy in respect of any such right, \r\nprivilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; \r\n and any such investigation, legal proceeding or remedy may be instituted, continued or \r\nenforced, and any suc h penalty, forfeiture or punishment may be imposed, as if the said \r\nAct has not been repealed; and \r\n(e)  affect any proceeding pending in any court or before any authority under the said \r\nAct, and any such proceeding and any appeal or revision arising out of such \r\nproceeding shall be continued, instituted or disposed of, as if the said Act had not \r\nbeen repealed. \r\n  186. Existing police deemed to be constituted under this Orde r.—Without prejudice to the \r\nprovisions contained in Article 185, the police functioning in the Provinces and in Islamabad Capital \r\nTerritory immediately before the commencement of this Order shall on such commencement be deemed \r\nto be police constituted under this Order. \r\n 187. Power to remove difficulties. —(1) If any difficulty arises in giving  effect to the provisions \r\nof this Order, the Government may, by notification in the Official Gazette, make such provisions as appear \r\nto be necessary or expedient for removing the difficulty: \r\n \r\nPage 66 of 67 \r\n \r\n Provided that no such notification shall be issued after the expiry of two years from the \r\ncommencement of this Order. \r\n (2) Every notification issued under this Article shall be laid before the Parliament or the Provincial \r\nAssembly, as the case may be. \r\nFIRST SCHEDULE \r\nSENIOR AND JUNIOR RANKS  \r\n[Article 2 (xii) and Article 2 (xxv)] \r\n 1.  Senior Police Ranks \r\n \r\n(i)  Inspector-General \r\n(ii)  Additional Inspector General \r\n(iii)  Deputy Inspector General \r\n(iv)  Assistant Inspector General/Senior Superintendent \r\n(v)  Superintendent \r\n(vi)  Assistant Superintendent/Deputy Superintendent \r\n 2.  Junior Police Ranks \r\n \r\n(i)  Inspector \r\n \r\n(ii)  Sub-Inspector \r\n(iii)  Assistant Sub-Inspector \r\n(iv)  Head Constable \r\n(v)  Constable \r\nSECOND SCHEDULE \r\n(Article 24) \r\nFORM OF OATH OR AFFIRMATION BY MEMBERS OF POLICE \r\nI________________ do hereby swear/solemnly affirm that I shall be faithful and bear true allegiance to \r\nPakistan and to the Constitution of the Islamic Republic of Pakistan; that as member  of the Police \r\nI shall honestly, impartially and truly serve the people without fear, favour or affection, malice or ill-will; \r\nthat I will to the best of my ability, skill and knowledge discharge, according to law, such functions and \r\nduties as may be entrusted to me as a member of the police and in such a manner as to uphold and protect \r\nthe dignity and rights of the citizens; that I shall abide by the principles contained in the Code of Conduct \r\nfor police officers. \r\n \r\n \r\n \r\nPage 67 of 67 \r\n \r\nTHIRD SCHEDULE \r\n(Article 25) \r\nCERTIFICATE OF APPOINTMENT \r\nSEAL \r\nNo____________________ \r\n \r\nCertificate of appointment issued under Article 25 of the Police Order, 2002, Mr. _________ has been \r\nappointed__________ and is invested with the powers, functions and privileges of a police officer under \r\nArticle________of Police  Order, 2002, in the Capital City District ________/City \r\nDistrict_______/District Police/ Area_________ under the charge of Pro vincial Police Officer/Capital \r\nCity Police Officer_________/City Police Officer____________on this day of _________ \r\n \r\nSignature_______________ \r\n \r\nDesignation_____________ \r\n_______ \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n6724391          RGN Date: 14-02-2025",
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