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  "title": "PUNJAB CRIMINAL PROSECUTION SERVICE INSPECTORATE ACT 2018",
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  "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/UGYCNgIyBzc-",
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  "text": "THE PUNJAB CRIMINAL PROSECUTION SERVICE \r\nINSPECTORATE ACT 2018 \r\n(XX of 2018) \r\nCONTENTS \r\n1. Short title, commencement and extent \r\n2. Definitions \r\n3. The Inspectorate \r\n4. Functions of the Inspectorate  \r\n5. Powers to summon record \r\n6. Superintendence of the Inspectorate \r\n7. Director General \r\n8. Inspection programme \r\n9. Annual report \r\n10. Power to make rules \r\n11. Removal of difficulties  \r\n12. Indemnity \r\n13. Savings  \r\n \r\nTEXT \r\n1\r\nTHE PUNJAB CRIMINAL PROSECUTION SERVICE INSPECTORATE ACT \r\n2018 \r\n(XX of 2018) \r\n[24th May, 2018] \r\nAn \r\nAct \r\nto introduce an effective system of monitoring and inspection of  the Punjab Criminal \r\nProsecution Service. \r\nIt is necessary to introduce an effective system of monitoring and inspection of the \r\nPunjab Crimi nal Prosecution Service through an Inspectorate; and, to provide for \r\nmatters ancillary thereto; \r\nBe it enacted by Provincial Assembly of the Punjab as follows:– \r\n1. Short title, commencement and extent .– (1) This Act may be cited as the \r\nPunjab Criminal Prosecution Service Inspectorate Act 2018. \r\n(2) It shall come into force at once. \r\n(3) It shall extend to whole of the Punjab. \r\n2. Definitions.– (1) In this Act: \r\n(a) “Act” means the Punjab Criminal Prosecution Service \r\nInspectorate Act 2018; \r\n(b) “data” includes any informat ion in soft or hard form relating to \r\ninvestigation and prosecution of a criminal case; \r\n(c) “Director General” means the Director General of the \r\nInspectorate appointed under the Act; \r\n(d) “Directorate” means the Directorate General of Monitoring and \r\nEvaluation, Punjab Public Prosecution Department; \r\n(e) “Government” means Government of the Punjab;  \r\n(f) “Inspectorate” means the Punjab Criminal Prosecution Service \r\nInspectorate established under the Act; \r\n(g) “prescribed” means prescribed by rules; \r\n(h) “record” includes the report of a p olice officer, opinion of a \r\nprosecutor or proceedings taken by him in a criminal case, \r\nproceedings taken by a parole officer or a copy of an order or \r\njudgment passed by a court; \r\n(i) “rules” means the rules made under the Act; and \r\n                                                           \r\n1This Act was passed by Provincial Assembly of the Punjab on 16 May 2018; assented to by the Governor of the Punjab on 21 \r\nMay 2018; and, was published in the Punjab Gazette (Extraordinary), dated: 24 May 2018, pp.8129-8131. \r\n(j) “Service” means the Punjab Criminal Prosecution Service. \r\n(2) A word or expression used in the Act but not defined shall have the \r\nsame meaning as is assigned to it in the Code of Criminal Procedure 1898 (V of \r\n1898) or, as the case may be, the Punjab Criminal Prosecution Service (Constitution, \r\nFunctions and Powers) Act 2006 (III of 2006). \r\n3. The Inspectorate .– (1) The Government may, by notification in the official \r\nGazette, reconstitute the Directorate as the Punjab Criminal Pr osecution Service \r\nInspectorate. \r\n(2) Subject to subsection (3),  the Inspectorate shall consist of a Director \r\nGeneral, a Director, Chief Inspectors, Inspectors and such other employees as may \r\nbe prescribed and, until so prescribed, as the Government may determine. \r\n(3) Not less than one half of employees of the Inspecto rate connected with \r\ninspection shall be persons who have been public prosecutors for a minimum period \r\nof three years. \r\n4. Functions of the Inspectorate.– The Inspectorate shall: \r\n(a) monitor the performance, work and conduct of the Service; \r\n(b) carry out periodic inspections of the Service;   \r\n(c) advise the Government on improvement of the Service; \r\n(d) cause studies and research on the working of the Service for purposes \r\nof reforms of the Service; \r\n(e) take steps and measures to improve efficiency of the Service; and \r\n(f) perform such  other connected functions as are assigned to it by the \r\nGovernment or as are necessary for carryi ng out the purposes of the \r\nAct. \r\n5. Powers to summon record .– (1) The Inspectorate may, for effective and \r\nmeaningful inspection of the Service, require any info rmation or record maintained \r\nby: \r\n (a) an investigation agency; \r\n(b) an agency or a department of the Government empowered to sanction \r\nprosecution under the law;  \r\n(c) the Punjab Forensic Science Agency; \r\n(d) prisons in the Province; and \r\n(e) the Directorate of Reclamation and Parole. \r\n (2) Every agency or department of the Government shall extend \r\ncooperation and assistance to the Inspectorate in the discharge of its functions under \r\nthe Act or the rules and supply information or record in such form a nd manner as \r\nmay be prescribed. \r\n (3) The Inspectorate and its employees shall cooperate with any other \r\nbody or organization established by the Government for conduct of inspection of the \r\nService. \r\n6. Superintendence of the Inspectorate .– The superintendence and control of \r\nthe Inspectorate shall vest in the Government and shall be exercised in the manner \r\nprescribed. \r\n7. Director General .– (1) The Government shall appoint the Director General \r\nwho shall have such qualifications and experience and shall be appointed on such \r\nterms and conditions as may be prescribed and, until so prescribed, as the \r\nGovernment may determine. \r\n (2) The Director General shall be the Chief Executive Officer of the \r\nInspectorate and unless sooner removed in the prescribed manner, hold office for a \r\nperiod of three years or for such further period as the Government may, in the light of \r\nthe satisfactory performance, determine.  \r\n(3)  The Director General shall exercise such powers and perform such \r\nfunctions as may be prescribed or assigned to him by the Go vernment and be \r\nresponsible for running day to day affairs of the Inspectorate. \r\n8. Inspection programme.–(1) The Inspectorate may prepare a programme for \r\nperiodic inspection of the Service in such manner as may be prescribed.  \r\n (2) The Director General shall cause a copy of the inspection report sent to \r\nthe Government and to the Prosecutor General for appropriate action. \r\n (3) When an inspection has been carried out on the request of any other \r\nagency or department of the Government, a copy of the inspection report shall be \r\nsent to the head of that agency or department. \r\n9. Annual report .– The Director General shall, by 30 th September each year, \r\nsubmit annual performance report to the Government inter alia showing all the major \r\nactivities performed by the Inspe ctorate during the previous financial year and its \r\nfuture plans and the Government shall lay it before the Provincial Assembly of the \r\nPunjab. \r\n10. Power to make rules.– The Government may make rules for carrying out the \r\npurposes of the Act. \r\n11. Removal of difficulties.– If any difficulty arises in giving effect to or applying \r\nthe provisions of this Act or the rules, the Government may, within two years from \r\nthe commencement of the Act, make such order, not inconsistent with the Act or the \r\nrules, as may be necessary for removal of such difficulty. \r\n12. Indemnity.– No suit, prosecution or other legal proceedings, shall lie against \r\nan officer of the Inspectorate in respect of anything done or attempted to be done by \r\nhim in good faith under the Act. \r\n13. Savings.– All appointments made, actions taken and notifications issued by \r\nthe Government before the commencement of this Act, with respect to the \r\nDirectorate, shall be deemed to have been made, taken and issued under the Act.",
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