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BILL

to amend and consolidate the laws for better regulation of police

Preamble.        Whereas it is expedient to reorganize the Balochistan Police which shall be a striking force under the control of Government of Balochistan through Home and Tribal Affairs Department.

 

And Whereas it is necessary to reconstruct the Balochistan Police such as to establish a professional, efficient, effective, accountable and disciplined force for ensuring the maintenance of law and order and for mobilization in the event of any exigency as well as the situation caused due to any natural disaster, it is expedient to provide for regulation of the Balochistan Police for the matters therewith or ancillary thereto;

It is hereby enacted as under:

  CHAPTER-I

PRELIMINARY

 

1.

 

 

Short title, extent and commencement. –

“(1)     This Bill may be called the Balochistan Police Act, 2011.

(2)      It extends to the whole of A-Area of Balochistan.

(3)      It shall come into force at once.”

 

2.

 

 

 

 

Definitions. – (1) In this Act, unless the context otherwise requires, –

i.         “A-Area” means the area where Police shall act as Law Enforcement Agency;

ii.          “Act” means Balochistan Police Act 2011.

iii.         “Administration” includes management of administrative, operational and financial functions subject to supervision, direction and control of Administrative Department;

iv.        “Administrative Department”  means Provincial    Home and Tribal Affairs Department;

v.         “Assistant Commissioner” means an officer appointed as such under Land Revenue Act, 1967;

vi.        “Code” means the Code of Criminal Procedure, 1898 (Act V of 1898);

vii.        “Commissioner”   means an officer appointed as such under Land Revenue Act, 1967;.

viii.       “Deputy Commissioner” means an officer appointed as such under Land  Revenue Act, 1967

ix.        “District”   means a district as notified under Balochistan Land Revenue Act, 1967;

x.         “District Magistrate” means a Magistrate as defined under Criminal Procedure Code 1898. He shall be the chief executive of the criminal administration of the district;

xi.         “Executive Magistrate” means a Magistrate as defined under Criminal   Procedure Code 1898;

xii.       “Federal Law Enforcement Agencies” include Federal Investigation Agency, Pakistan Railway Police, Anti-narcotics Force, Pakistan Motorway and Highway Police, Frontier Constabulary, and any other Federal or Provincial organization notified as such by the Government from time to time;

xiii.       “Government” means the Government of Balochistan;

xiv.       “Inspector General of Police”  means the Provincial Head of Police;

xv.        “Junior Ranks” means members of the police of and below the rank of Inspector as set out in the First Schedule;

xvi.      “Person” includes community, a company, or corporation;

xvii.       “Place’ includes”. –

(a)    any building, tent, booth or other structure, whether permanent or temporary; and

(b)    any area, whether enclosed or open.

xviii.     “Place of Public Amusement” means any place where music, singing, dancing or game or any other amusement, diversion, or recreation or the means of carrying on the same is provided etc. to which the public are admitted either on payment of money or with the intention that money may be collected from those admitted;

xix.       “Place of Public Entertainment” means any place of boarding and lodging to which public are admitted by any person owning, or having any interest in, or managing, such place;

xx.       “Police Officer” means a member of the police who is subject to this  Act;

xxi.      “Property” means any moveable property, money or valuable security;

xxii.     “Public Place” means any place to which the public may have access;

xxiii.     “Rules” means rules made, adopted and made effective by Government under this Act;

xxiv.   “Schedule” means a schedule to this Act;

xxv.     “Senior Ranks” means members of the police above the rank of Inspector as set out in the First Schedule;

xxvi.     “Street” includes any highway, bridge, way, causeway, arch, road, lane, footway, square, alley or passage, whether or not it is a thoroughfare and to which the public have access, whether permanently or temporarily

xxvii.   “Sub Divisional Magistrate” means a Magistrate   as defined under Criminal Procedure Code  1898;

xxviii.   “Superintendent of Police”  means the head of police of A-Area of a district;

xxix      “Vehicle” includes any conveyance of any description mechanically propelled or otherwise.

(2)       All references in respect of District Superintendent of Police in any law in force shall mean Superintendent of Police.

 

CHAPTER-II

OBJECTIVES, RESPONSIBILITIES AND DUTIES OF THE POLICE

 

3. Objectives.—  The objectives of establishment of Balochistan Police are—-

(a) to enable the Government to utilize and administer Police  effectively and efficiently through Home and Tribal Affairs Department;

 

(b)  to provide for a functionally effective force for operationalization in normal security environs as well as in adverse law and order situations and circumstances;

(c)  to mobilize as a rescue and aid providing force in the event of any exigency as well as the situation caused due to any natural disaster; and

(d)  for such other objects as the Government may by notification in the official gazette require to be performed by the Police.

 

4. 3. Attitude and responsibilities of police towards the public.- It shall be the responsibility of every police officer to –

(a) behave with the members of the public with due decorum and courtesy;

(b) promote amity;

(c) guide and assist members of the public particularly the poor, disabled or physically weak and children who are either lost or find themselves helpless on the streets or other public places; and

(d) aid individuals who are in danger of physical harm particularly women and children.

 

5. 4. Functions. — (1) Subject to law, it shall be the duty of every police officer to-

(a) protect life, property and liberty of citizens;

(b) preserve and promote public peace;

(c) ensure that the rights and privileges, under the law, of a person taken in custody, are protected;

(d) prevent the commission of offences and public nuisance;

(e) collect and communicate intelligence affecting public peace and crime in general;

(f) keep order and prevent obstruction on public roads and in the public streets and thoroughfares at fairs and all other places of public resort and in the neighborhood of and at the places of public worship;

(g) regulate and control traffic on public roads and streets;

(h) take charge of all unclaimed property and to prepare its inventory;

(i) detect and bring offenders to justice;

(j) apprehend all persons whom he is legally authorized to apprehend and for whose apprehension, sufficient grounds exist;

(k) ensure that the information about the arrest of a person is promptly communicated to a person of his choice;

(l) enter and inspect without a warrant on reliable information any gaming-house or shop where alcoholic drinks or narcotics are sold or weapons are illegally stored and other public places of resort of loose and disorderly characters;

(m) obey and promptly execute all lawful orders;

(n) perform other duties and exercise powers as are conferred by this Act, the Code or any other law for the time being in force;

(o) aid and co-operate with other agencies for the maintenance of law and order, prevention of destruction of public property by violence, fire, or natural calamities;

(p) assist in preventing members of public from exploitation by any person or organized groups;

(q) take charge of lunatics at large to prevent them from causing harm to themselves or other members of the public and their property;

(r) prevent harassment of women and children in public places;  and

(s) perform any function on the direction of Government or District Magistrate / Deputy Commissioner as the case may be.

(2)        Police officer shall make every effort to –

(a) afford relief to people in distress situations, particularly in respect of women and children;

(b) provide assistance to victims of road accidents;

(c) assist accident victims or their heirs or their dependants, where applicable, with such information and documents as would facilitate their compensation claims; and

(d) cause awareness among the victims of road accidents of their rights and privileges.

(3)       It shall be the duty of a police officer to lay information before District Magistrate / Deputy Commissioner and a competent court and to apply for a summon, warrant, search warrant or such other legal process as may, by law, be issued against any person suspected of committing an offence.

 

  CHAPTER- III

SUPERINTENDENCE, ORGANIZATION, CONSTITUTION AND ADMINISTRATION OF POLICE

6.

 

9. Superintendence of police. – “(1) Superintendence of Police throughout A-Area shall vest in the Government.

 

(2)        The Government shall exercise superintendence under Sub-Section (1) through the Administrative Department, Commissioner,  District Magistrate/Deputy Commissioner and Sub-Divisional Magistrate/Assistant Commissioner at the Provincial, Divisional, District and Sub-Divisional  level as the case may be:

Provided that the power of superintendence shall be so exercised as to ensure that police performs its duties efficiently and strictly in accordance with law.”

7. 6. “Organization of Police. — (1)            The Government may maintain police organization for A-Area in the Province.

(2)        Such police organization shall consist of such members in the senior and junior ranks and have such establishment as the Government may from time to time determine.

(3)        The aforesaid police organization may, as far as practicable, be established on functional basis into different branches and bureaus etc.

(4)        Every Police Officer shall be liable for posting to any branch, bureau aforementioned subject to fulfillment of relevant training and experience in accordance with rules.

(5)        The pay & allowance and all other terms and conditions of service of the police shall be such as the Government may from time to time determine. Further, every police officer while on duty shall have all the powers and privileges of a police officer throughout Province”.

 

 8. 7.Constitution of Police: Method of Recruitment, Criteria of Promotion, Basis of transfer  and Disciplinary Proceedings including Suspension and Removal from Service.– (1)     Subject to rules, the initial recruitment in the Police other than ministerial cadre shall be in the rank of Constables, Assistant Sub-Inspectors and Deputy Superintendents of Police:

Provided that such initial recruitment in the rank of Constables shall be on the basis of the district of domicile through “Departmental Selection and Promotion Committee” constituted by the Administrative Department by a notification in the official gazette. The committee shall submit its recommendation to Administrative Department through Provincial Police Officer for approval:

Provided further that initial recruitment in the ranks of Assistant Sub-Inspectors and Deputy Superintendents of Police shall be made through Provincial Public Service Commission on district and provincial level respectively:

Provided further that Government shall by rules determine fixation of initial recruitment and promotion quota in different ranks of police, namely:

a)         Balochistan Police Service Rules (BS 15 and below);

b)         Balochistan Police Service Rules (BS 16 and above).

(2)        Subject to rules, Constables, Head constables, Assistant Sub-Inspectors and Sub–Inspectors shall be promoted on the basis of district seniority. Promotion shall be made by “Departmental Selection and Promotion Committee” constituted by the Administrative Department by a notification in the official gazette. The committee shall submit its recommendations to the Administrative Department through Provincial Police Officer for approval. Inspectors and officers of senior ranks shall be promoted on the basis by Provincial Seniority by Provincial Selection Board. The cases shall be placed before Provincial Selection Board by the Administrative Department.

(3)        The Constables, Head Constables, Assistant Sub-Inspectors and Sub-Inspectors shall be posted anywhere in the region/range. Inspectors of Police and officers of senior police ranks shall be posted anywhere in the provinces:

Provided that the posting / transfer of junior police ranks as well as DSPs / ASPs shall be made by the authority authorized in this behalf by the Government:

Provided further that the posting / transfer of senior police ranks excluding DSPs / ASPS shall be made by the Government through Administrative Department.

(4)        The Government shall from time to time by a notification in the official gazette, make, adopt or make effective, for giving effect to the provisions of this Act, rules governing Disciplinary Proceedings:

Provided that subject to such rules, a member of Police may at any time be suspended, dismissed, compulsorily retired, reduced in rank or pay, with a time scale, fined, censured or awarded any other punishment by the authority or an officer authorized in this behalf by the authority.

(5)        Government shall make, adopt or make effective service rules regarding recruitment of Ministerial Staff of police.”

 

9. 10. Administration of the police. – “(1)     Administration of police throughout A-Area of the province shall vest in the Inspector General of Police.

(2) The administration of police throughout A-Area of a district shall vest in Superintendent of Police subject to direction and general control of District Magistrate / Deputy Commissioner.”

 

10. 28.  “Regulation of police accounts.–

(1)        Subject to the orders of the Government, Inspector General of Police shall have authority to investigate and regulate all matters of accounts connected with the police and all persons concerned shall be bound to give reasonable aid and facilities in conducting such investigation and to conform to his lawful orders consequent thereto.

(2)        The power of Inspector General of Police to regulate accounts under Sub- Section (1) shall be without prejudice to the direction and control of the Government and the Auditor General’s authority to audit police accounts.”

11. 13.  Constitution of Police Regions. — (1) Government shall constitute police regions. The Government shall also from time to time re-visit the already constituted Police Regions in order to bring their territorial limits coterminous with those of Administrative / Revenue Divisions; i.e., a Police Region shall consist of the same districts which the Administrative/Revenue Division is comprised of.

(2)        The Government may:-

(i)         divide districts into police divisions, sub-divisions and police                               stations;

(ii)        Sub-divide police stations into police posts; and

(iii)        define the limits and extent of such divisions, sub-divisions, police stations and police posts.”

 

12.

 

11. “Posting of Inspector General of Police.–(1) The Provincial Government shall, out of a panel of three police officers recommended by the Federal Government, post a police officer as Inspector General of Police.

(2)        The Inspector General of Police shall act as Head of Attached Department and shall exercise administrative and financial powers subject to the direction and control of the Government.”

 

13.

 

12. “Term of office of Inspector General of Police.— The term of office of Inspector General of Police shall be three years from the date of his posting:

Provided that the Provincial Government may recommend to the Federal Government for repatriation of the Inspector General of Police before the expiry of his term of office and the Federal Government shall on receipt of such recommendation repatriate / recall the said officer”.

14. 13. “Posting of Additional Inspector General of Police — The Government may post such number of Additional Inspectors General of Police to assist the Inspector General of Police in the efficient performance of his duties as it may deem fit.

 

15. 13. “Posting of Deputy Inspector General of Police.– The Government shall also post Deputy Inspector General of Police in A-Area of the Region.

 

16.

 

15.  “Posting of Superintendent of Police .–  (1)  The Government shall post Superintendent of Police in A-Area of the district:

Provided that keeping in view the number of police stations in a district, the Government may post one Superintendent of Police for more than one districts.”

17. 19. Appointment of Director of Police Communications etc. – “Subject to rules, Government may appoint Director of Wireless, Motor Transport and Computer for the whole of the A-Area of the province or any part thereof.”
18.

 

20.  “Posting of principals of police training institutions.– Subject to rules, Government shall post an officer of the rank of Superintendent of Police as Principal of each police training school in the Province”.

 

19.

 

33. “Relationship of Police with Divisional, District and Sub-Divisional Administration.– Subject to the provisions of this Act and without prejudice to the administration of police by Inspector General of Police, Head of the region police, Head of the District Police and Head of sub-division of Police shall be responsible to the Commissioner, District Magistrate/Deputy Commissioner and Sub-Divisional Magistrate/Assistant Commissioner respectively for police functions but shall not include investigation of criminal cases and prosecution, which shall rest with the police:

Provided that the District Magistrate / Deputy Commissioner may visit a police station to find out if any person is under unlawful detention or delay in the lodging of FIR and may also direct action in accordance with law having regard to the facts and circumstances of the case”.

 

20. 34. Police support to Government functionaries, etc. – “ (1)   Any functionary of the Federal Government, Provincial Government, any statutory body or any body or corporation owned, set up or controlled by any such Government or in which such Government has a controlling share or interest, District Administration, or  Cantonment Board may for the discharge of his official duties which in his opinion require police assistance, ask for police support from the concerned police authority of the area and such authority shall provide the requisite support:

Provided that, if for any reason, the police authority is unable to provide the police support requested under this Sub-Section, it shall forthwith bring the matter to the notice of District Magistrate / Deputy Commissioner.

(2)        On the direction of District Magistrate / Deputy Commissioner, the Superintendent of Police shall provide full support to the District Administration and Cantonment Boards in exigencies threatening law and order, natural calamities and emergencies etc”.

21.

 

35. Responsibility on complaints of neglect and excesses by police. –

“(1)     Where the District Magistrate / Deputy Commissioner, on its own motion or on the basis of any complaint or information, has reasons to believe that any police officer/official has committed an act of negligence, failure or excess, District Magistrate / Deputy Commissioner may direct Superintendent of Police to take remedial measures, including registration of First Information Report in a cognizable offence forthwith.

(2)        Superintendent of Police shall immediately proceed as per rules and inform the same to the District Magistrate / Deputy Commissioner with in least possible time”.

22. 36. “Reference to District Magistrate / Deputy Commissioner.–

(1)        Superintendent of Police shall inform the District Magistrate / Deputy Commissioner of any incident or a complaint of rape, death or serious injury to any person in police custody.

(2)        It shall be lawful for any Police officer to lay any information before a District Magistrate / Deputy Commissioner.”

 

   

CHAPTER-IV

POWERS TO GIVE DIRECTIONS

23. 119. Power to give direction to the public. – An Executive Magistrate / Assistant Commissioner or  any police officer may give such directions as may be necessary to:

(a)  direct the conduct and behavior or actions of persons constituting processions or assemblies on roads or streets;

(b)  prevent obstructions –

(i)          on the occasion of processions and assemblies;

(ii)        in the neighborhood of places of worship during the time of worship; and

(iii)        when a street or public place or place of public resort may be thronged or liable to be obstructed.

(c) keep order on streets, mosques, churches or other places of worship and places of public resort when these may be thronged or liable to be obstructed.

 

24. 120. Regulation of public assemblies and processions and licensing of

same. – (1) Superintendent of Police or Assistant or Deputy Superintendent of Police may as occasion requires, direct the conduct of assemblies and processions on public roads, or in public streets or thoroughfares and prescribe the routes by which and the times at which, such processions may pass.

(2)        He may also, on being satisfied that it is intended by any persons or class of persons to convene or collect any assembly in any such road, street or thoroughfare, or to form a procession which would, in the judgment of District Magistrate/Deputy Commissioner or Sub-Divisional Magistrate/Assistant Commissioner, if uncontrolled, be likely to cause a breach of the peace, require by general or special notice that the persons convening or collecting such assembly or directing or promoting such processions shall apply for a license.

(3)       On such application being made, he may issue a license specifying the names of the licensees and defining the conditions on which alone such assembly or such procession is to permitted to take place and otherwise giving effect to this Section:

Provided that no fee shall be charged on the application for, or grant of any such license.

 

25. 121. Powers with regard to assemblies and processions violating the conditions of license.- “(1) Executive Magistrate / Assistant Commissioner or an officer in-charge of a police station may stop any procession which violates the conditions of a license granted under the last foregoing Section, and may order it to disperse”.

(2)       Any procession or assembly, which neglects or refuses to obey any order given under Sub-Section (1) shall be deemed to be an unlawful assembly.

 

26. 123. Power to give directions against serious disorder at places of amusement, etc. – (1) For the purpose of preventing serious disorder or breach of the law or imminent danger to those assembled at any place of public amusement or at any assembly or meeting to which the public are invited or which is open to the public, an Executive Magistrate/Assistant Commissioner or any police officer of the rank of Assistant Sub Inspector or above, present at such place of public amusement, or such assembly or meeting, may subject to such rules, regulations or orders as may have been lawfully made, give such reasonable directions as to the mode of admission of the public to, and lawful conduct of the proceedings and the maintaining of the public safety, at such place of amusement or such assembly or meeting as he thinks necessary and all persons shall be bound to conform to every such reasonable direction.

(2) Such Executive Magistrate/Assistant Commissioner or police officer shall have free access to any place of public amusement, assembly or meeting for the purpose of giving effect to the provisions of Sub-Section (1) and to any direction made there under.

 

27. 124. Erecting of barriers in streets, etc. – An Executive Magistrate/Assistant Commissioner or police officer may in an emergency temporarily close any street or public place through erection of barriers or other means, to prohibit persons or vehicles from entering such area.

 

28. 125. Power to search suspected persons or vehicles in street, etc. – When in a street or a place of public resort a police officer on reasonable grounds suspects a person or a vehicle to be carrying any article unlawfully obtained or possessed or likely to be used in the commission of an offence, he may search such person or vehicle; and if the account given by such person or possessor of the vehicle appears to be false or suspicious, he may detain such article after recording in writing the grounds of such action and issue a receipt in the prescribed form and report the facts to the officer in-charge of the police station for informing the court for proceeding according to law against the person.

 

29. 125-A. “Saving of Control of District Magistrate/ Deputy Commissioner. —

Nothing in the last six preceding Sections shall be deemed to interfere with the general control of District Magistrate/ Deputy Commissioner over the matters referred to therein.”

 

  CHAPTER-V

SPECIAL MEASURES FOR MAINTENANCE OF PUBLIC ORDER AND SECURITY

 

30. 126. Deployment of additional police to keep peace. – (1) It shall be lawful for the Superintendent of Police, subject to general direction of District Magistrate/Deputy Commissioner, on application of any person, to depute any additional number of police to keep the peace, to preserve order, to enforce any provisions of this Act, or any other law, in respect of any particular class or classes of offences or to perform any other duties imposed on the police at any place within A-Area of the district and for such time as shall be deemed proper.

(2)       Subject to rules, such additional police shall be employed at the cost of the person making the application.

(3)       If the person upon whose application such additional police are employed gives one week’s notice for the withdrawal of the said police, he shall be relieved from the cost thereof at the expiration of such notice.

(4)       If there is any dispute on payment, Superintendent of Police on an application by the aggrieved party may refer the matter to the Government for final decision.

 

31. 127. Deployment of additional police at the cost of organizers, etc. – (1)

Whenever it appears to the District Magistrate/Deputy Commissioner or Sub-Divisional Magistrate / Assistant   Commissioner or Superintendent of Police that-

(a) any large work which is being carried on, or any public amusement, or event at any place is likely to impede the traffic or to attract a large number of people; or

(b) the behaviour or a reasonable apprehension of the behaviour of the persons employed on any railway, canal or other public work, or in or upon any manufactory or other commercial concern under construction or in operation at any place, necessitates the employment of additional police at such place; he may depute such number of additional police to the said place for so long as the necessity to employ the additional police shall appear to be expedient.

(2)       Subject to rules, the cost of such additional police shall be borne by the organizers of such events or employers of such works or concerns, as the case may be, at rates approved by the government from time to time.

 

  127-A. Quartering of additional police in disturbed or dangerous districts.– (1)             It shall be lawful for the Government by proclamation to be notified in the official gazette, and in such other manner as the Government shall direct, to declare that any area subject to its authority has been found to be in a disturbed or dangerous state, or effected with terrorist activities, riots, etc, or that from the conduct of inhabitants of such area of any class or section of them, it is expedient to increase the number of police.

 

(2)      It shall thereupon be lawful for the Inspector General Of Police, or other officer authorized by the Government in this behalf, to deploy the police in addition to the ordinary fixed complement, to be quartered in the area specified in such proclamation aforesaid.

 

(3)    Every proclamation issued under sub-section (1) shall state the period for which it is to remain in force, but it may be withdrawn at any time or continued from time to time for further periods as the Government may in each case think fit to direct.

 

32. 129+130. Recovery of amount payable under Articles 126 and 127. – Any amount payable under Section 126 and Section 127 shall be recovered in the same manner as if it were arrears of land revenue and be credited to the treasury.

 

33. 131. Banning of use of dress resembling uniform of police or armed forces. – (1) If Government or Inspector General of Police is satisfied that the wearing in public, by any member of any body, association or organization, of any dress or article of apparel resembling the uniform worn by police or members of the Armed Forces or any uniformed force constituted by or under any law for the time being in force, is likely to prejudice the security of the state or the maintenance of public order, he may by a special order prohibit or restrict the wearing or display, in public of any such dress or article of apparel by any member of such body or association or organization.

(2)       Every order under Sub- Section (1) shall be published in the Official Gazette.

Explanation: For the purpose of Sub-Section (1) a dress or article of apparel shall be deemed to have been worn or displayed in public if it is worn or displayed in any place to which the public have access.

“(3) Whoever contravenes any order made under this Section shall, on conviction, be punished with imprisonment for a term which may extent to three years, or with fine up to one hundred thousand rupees, or with both.”

 

  CHAPTER-VI

RESPONSIBILITIES OF POLICE IN RELATION TO UNCLAIMED PROPERTY

34. 134. Police to take charge of unclaimed property, etc.- “It shall be the duty of every police officer to take charge and make inventory of any unclaimed property found by, or made over to him, and furnish a copy of the inventory to the District Magistrate / Deputy Commissioner”.

 

35. 135. Procedure for disposal of unclaimed property. – “(1) Where any property has been taken charge of under Section 134, District Magistrate / Deputy Commissioner shall issue a proclamation specifying the articles of which such property consists and requiring that any person who may have a claim thereto shall appear before him or a Sub-Divisional Magistrate / Assistant Commissioner or Executive Magistrate especially authorized in this behalf and establish his claim within six months from the date of such proclamation.

(2)        If the property, or any part thereof, is subject to speedy and natural decay or if the property appears to be of the value of less than one thousand rupees, it may forthwith be sold under the orders of the District Magistrate / Deputy Commissioner and the net proceeds of such sale shall be dealt with in the manner provided in Articles 136 and 137.

(3)        Where any person who has a claim to the property is required by the proclamation under Sub-Section (1) to appear before an officer authorized by the District Magistrate / Deputy Commissioner and establish his claim, such officer shall forward the record of the proceedings to the District Magistrate / Deputy Commissioner.

(4)         The District Magistrate / Deputy Commissioner shall dispose off the property under clause (3) by the order in writing.”

 

36.

 

136. Delivery of property to person entitled. – “(1)       On being satisfied of the title of any claimant to the possession or administration of the property specified in the proclamation issued under Sub-Section (1) of Section135 of the order, the District Magistrate / Deputy Commissioner shall order the same to be delivered to him.

(2)        In case where there is more than one claimant to the same property the matter shall be decided by the District Magistrate / Deputy Commissioner.”

 

37. 137. Disposal of property, if no claimant appears. – “If no person establishes his claim to such property within the period specified in the proclamation, the property, or such part thereof as has not already been sold under Sub-Section (2) of Section 135 shall be sold under the orders of District Magistrate / Deputy Commissioner and the proceeds shall be deposited in the treasury”.

 

  CHAPTER-VII

REGULATION, CONTROL AND DISCIPLINE OF POLICE

 

38. 115. Police officer at any time liable to be called for duty. – Every police officer when off-duty, on leave or under suspension shall be liable to be called for duty and may at any time be posted in any part of A-Area of the province.

 

39. 116. Withdrawal from duty and resignation, etc. – (1) No Police officer shall withdraw from the duties of his office unless expressly allowed to do so in writing by Superintendent of Police or by some other officer authorized to grant such permission

Explanation: A police officer who being absent on leave fails without reasonable cause to report for duty on the expiration of such leave shall be deemed within the meaning of this Section to withdraw himself from the duties of his office.

(2)       No police officer shall resign his office unless he has given to his superior officer notice in writing for a period of not less than two months of his intention to resign.

40. 117. Police officer not to engage in any other employment. – No police officer shall engage in any private employment while he is in police service.

 

41.

 

24. Oath or affirmation by members of police. – “Every member of the police shall on appointment make and subscribe before Inspector General of Police or any other police officer authorized by him in this behalf or before the principal of a training institution, an oath or affirmation according to the prescribed form”.

 

42. 25. Certificate of appointment. – (1) “Officers of junior ranks shall on appointment receive a certificate in the form provided in the Third Schedule. The certificate shall be issued under the seal of such officer as Inspector General of Police may by general or special order direct”.

(2)        A certificate of appointment shall become null and void whenever the Police Officer named therein ceases to belong to police service.

43. 167. Maintenance of Daily Diary at a police station. – (1) A register of Daily

Diary shall be maintained at every police station in such form as shall, from time to time, be prescribed and to record therein the names of all complainants, persons arrested, the offences charged against them, the weapons or property that shall have been taken from their possession or otherwise, and the names of the witnesses who shall have been examined.

(2)       The “District Magistrate / Deputy Commissioner” of the district may call for and inspect such Diary.

 

  CHAPTER-VIII

LAW AND ORDER COMMITTEES

44. 36-A.  “District Law and Order Committee.–

(1) Establishment. — There shall be a Law and Order Committee in every district.

(2) Composition.–The committee shall consist of–

a.            District Magistrate / Deputy Commissioner  (chairperson)

b.            Superintendent of Police

c.             Sub Divisional Magistrate/Assistant Commissioner and Executive Magistrate

d.            Superintendent Jail concerned

e.            District Public Prosecutor

f.              Any other officer/person

(3)        The committee shall hold a monthly meeting and reports would be submitted through Commissioner to Provincial Government. However, in case of emergency special meeting may also be convened”.

45. 36-B.  “Divisional Law and Order Committee.–

(1) Establishment. — There shall be a Law and Order Committee in every division.

(2) Composition.–The committee shall consist of–

a.            Divisional Commissioner  (chairperson)

b.            Deputy Inspector General of Police / RPO

c.             District Magistrates / Deputy Commissioners

d.            Superintendents of Police

e.            Sub Divisional Magistrates/ Assistant Commissioners and Executive Magistrates

f.              Superintendents Jail concerned

g.            District Public Prosecutors

h.            Any other officer/person

(3)        The committee shall hold a monthly meeting and reports would be submitted through Provincial Home and Tribal Affairs Department to Provincial Government. However, in case of emergency special meeting may also be convened”.

  CHAPTER- IX

OFFENCES BY AND PUNISHMENTS FOR POLICE OFFICERS

 

46. 155. Penalty for certain types of misconduct by police officers. – (1) Any police officer who-

(a) makes for obtaining release from service as police officer, a false statement or a statement which is misleading in material particulars or uses a false document for the purpose;

(b) is guilty of cowardice, or being a police officer of junior rank, resigns his office or withdraws himself from duties without permission;

(c) is guilty of any willful breach or neglect of any provision of law or of any rule or regulation or any order which he is bound to observe or obey;

(d) is guilty of any violation of duty;

(e) is found in a state of intoxication, while on duty;

(f) malingers or feigns or voluntarily causes hurt to himself with the intention to render himself unfit for duty;

(g) is grossly insubordinate to his superior officer or uses criminal force against a superior officer; or

(h) engages himself or participates in any demonstration, procession or strike or resorts to or in any way abets any form of strike or coercion or physical duress to force any authority to concede anything;

shall, on conviction, for every such offence be punished with imprisonment for a term which may extend to three years and with fine.

 

47. 156. Penalty for vexatious entry, search, arrest, seizure of property, torture, etc. Whoever, being a police officer –

(a) without lawful authority, or reasonable cause, enters or searches or causes to be entered or searched any building, vessel, tent or place;

(b) vexatiously and unnecessarily seizes the property of any person;

(c) vexatiously and unnecessarily detains, searches or arrests any person; or

(d) inflicts torture or violence to any person in his custody;

shall, for every such offence, on conviction, be punished with imprisonment for a term, which may extend to five years and with fine.

 

48. 157. Penalty for unnecessary delay in producing arrested persons in courts. — Any police officer who vexatiously and unnecessarily delays the forwarding to a court or to any other authority to whom he is legally bound to forward any arrested person, shall, on conviction, be punished with imprisonment for a term which may extend to one year and with fine.

 

49. 183. Powers to prosecute under any other law not affected.- Nothing contained in this Act shall be construed to prevent any person from being prosecuted under any other law for the time being in force for any offence made punishable under this Act.

 

  CHAPTER- X

RULES AND REGULATIONS

50.  

112.Rules making and adaptation thereof.–(1) The Government may by notification in the official gazette make rules for carrying into effect the provisions of this Act.

(2)        The Government may also from time to time by a notification in the official gazette adopt or make effective under this Act any such rules made there under Balochistan Civil Servants Act 1974 or any other law for the time being in force. For the purpose thereof the Police Rules 1934 may also be  made effective:

Provided that in the event of any inconsistency, the Government shall by notification in the official gazette make inoperative any such rules to the extent of its inconsistency.”

 

51. 112-A. “Issuance of instructions by Government.–(1) The Government may, from time to time, by notification in the official gazette issue instructions consistent with this Act and rules thereunder:

 

(a)  for due observance of the relationship between the commissioners/ Magistrates and police officers in the discharge of duty under this Act and rules thereunder;  and

 

(b) generally, for giving effect to the provisions of this Act and rules                        thereunder.

 

 

52. 112-B. “delegation of powers.–(1) The Government may, by a notification in the official gazette, delegate all or any of its powers under this Act to the Provincial Home and Tribal Affairs Department.
53. 182. Notification of rules and regulations in the Official Gazette. — Every rule and regulation made under this Act shall be made by notification in the Official Gazette.
  CHAPTER- XI

MISCELLANEOUS

54. 185. Repeal and savings. – (1) The Police Order, 2002, (Chief Executive’s Order No 22 of 2002), hereinafter referred to as the said Order, is hereby repealed:

Provided that –

(a) all rules prescribed, appointments made, powers conferred, orders made or passed, consent, permit, permission of licences given, summons or warrants issued or served, persons, arrested or detained or discharged on bail or bond, search warrants issued, bond forfeited, penalty incurred under the said Order shall, so far as they are consistent with this Act, be deemed to have been respectively prescribed, made, conferred, given, passed, served, arrested, detained, discharged, forfeited and incurred hereunder;

(b) all references made to the said Order or in any law or instrument shall be construed as references to the corresponding provisions of this Act.

(2)  Notwithstanding the repeal of the said Order, the repeal shall not –

(a) affect the validity, invalidity, effect or consequence of anything duly done or suffered under the said Order;

(b) affect any right, privilege, obligation or liability acquired, accrued or incurred under the said Order;

(c) affect any penalty, forfeiture or punishment incurred or inflicted in respect of any act or offence committed against the said Order;

(d) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the said Order has not been repealed; and

(e) affect any proceeding pending in any court or before any authority under the said Order, and any such proceeding and any appeal or revision arising out of such proceeding shall be continued, instituted or disposed of, as if the said Order had not been repealed.

 

55. 186. Existing police deemed to be constituted under this Act. – Without prejudice to the provisions contained in Section 185, the police functioning in the Balochistan Province immediately before the commencement of this Act shall on such commencement be deemed to be police constituted under this Act.

 

56. 187. Power to remove difficulties. – (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by notification in the Official Gazette, make such provisions as appear to be necessary or expedient for removing the difficulty:

Provided that no such notification shall be issued after the expiry of six months from the commencement of this Act.

(2)        Every notification issued under this Section shall be laid before the Provincial Assembly.

 

 

 

 

 

 

FIRST SCHEDULE

 

SENIOR AND JUNIOR RANKS

 

Section 2 (    ) and Section 2 (     )

 

 

  1. Senior Police Ranks

(i) Inspector-General

(ii) Additional Inspector General

(iii) Deputy Inspector General

(iv) Senior Superintendent

(v) Superintendent

(vi) Assistant Superintendent/Deputy Superintendent

 

  1. Junior Police Ranks

(i) Inspector

(ii) Sub-Inspector

(iii) Assistant Sub-Inspector

(iv) Head Constable

(v) Constable

 

 

 

SECOND SCHEDULE

(Section       )

FORM OF OATH OR AFFIRMATION BY MEMBERS

OF POLICE

 

I ___________________ do hereby swear/solemnly affirm that I shall be faithful and bear true allegiance to Pakistan and to the Constitution of the Islamic Republic of Pakistan; that as member of the Police I shall honestly, impartially and truly serve the people without fear, favour or affection, malice or ill-will; that I will to the best of my ability, skill and knowledge discharge, according to law, such functions and duties as may be entrusted to me as a member of the police and in such a manner as to uphold and protect the dignity and rights of the citizens; that I shall abide by the principles contained in the Code of Conduct for police officers.

 

 

 

“THIRD SCHEDULE

(Section         )

CERTIFICATE OF APPOINTMENT

 

 

No _____________________

Mr._________ has been appointed as (designation and location) and is invested with the powers, functions and privileges of a police member.

Appointed on——–

 

 

                                                      Signature—————-

Designation————–“

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