KP Act II of 2017 · 47 pages
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EXTRAORDI NARY REGISTERED NO. P.III
• GOVERNMENT GAZETTE
~
KHYBERPAKHTUNKHWA
Published by Authority
PESHAWAR, MONDAY, 30m JANUARY, 2017
PROVINCIAL ASSEMBLY SECRETARIAT,
KHYBER PAKHTUNKHWA
NOTIFiCATION
Dated Peshawar, the 30th January, 2017.
No. PA/Khyber Pakhtunkhwa/Bilis/2017/4606.-The Khyber Pakhtunkhwa Police Bill, 2017
having been passed by the Provincial Assembly of Khyber Pakhtunkhwa on 24th January, 2017 and
assented to by the Governor of the Khyber Pakhtunkhwa on 25th January, 2017 is hereby published as
an Act of the Provincial Legislature of the Khyber Pakhtunkhwa.
ruE KHYBER PAKHTUNKHWA POLICE ACT, 2017
(KHYBER PAKHTUNKHWA ACT NO. II OF 2017)
(First published after having received the assent of the Governor of the
Khyber Pakhtunkhwa in the Gazette of the Khyber Pakhtunkhwa,
(Extraordinary), dated the 3(Jh January, 2011).
AN
ACT
to reconstruct and regulate the Police
in the Province of the Khyber Pakhtunkhwa
WHEREAS in pursuance of the Constitution of the Islamic Republic of Pakistan and the laws in
force in the Province of the Khyber Pakhtunkhwa, the Police has an obligation to perform its duties and
functions in an efficient manner for prevention and detection of crime and maintenance of public order;
AND WHEREAS it is expedient to make the police apolitical and accountable to the people
through democratic institutions and civilian oversight bodies;
AND WHEREAS in order to maintain effective internal discipline, achieve high performance
standards and ensure across the board servioe delivery, it is expedient to give operational,
administrative and financial autonomy to Police;
1023
1024 KHYBER PAKHlUNKHWA GOVERNMENTGAZEm, EXTRAORDINARY,30th JANUARY, 2017
• AND WHEREAS it is expedient to reconstruct and regulate the Police in order to be responsible,
service oriented and responsive to effectively uphold and enforce laws. maintain public order, protect
the lives, properties and honour of the people, without any discrimination through modern proactive
policing and community participation;
It is hereby enacted as follows:
CHAPTER-I
PRELIMINARY
1. Short title, extent and commencemenl---(l) This Act may be called the Khyber Pakhtunkhwa
Police Act, 2017.
(2) It extends to the whole of the Province of the Khyber Pakhtunkhwa.
(3) It shall come into force at once.
2. Definitions.---(l)ln this Act, unless the context otherwise requires,-
(a) 'Administration' includes management of administrative, operational and
financial functions;
(b) 'Capital City Police Officer' means the head of police -of the Capital City
District, who is posted under section 21;
(c) 'Capital City District' means City District of Peshawar;
(d) 'Code' means the Code of Criminal Procedure, 1898 (Act V of 1898);
j
(e) 'cognizance' means taking notice by an authority legally empowered to take
action on its decision regarding a matter relating to police excess for remedial
and corrective measures under this Act;
(f) 'Commission' means the Provincial Public Safety Commission, Capital City
District Public Safety Commission and District Public Safety Commission, as
the case may be;
(g) "direct" means a written order or instruction to a Police Officer issued by an
authority empowered to direct under this Act and such directing authority shall
be deemed to be an officer authorized under sub-section (2) of section 118 of
this Act;
(h) 'District' means a revenue estate notified Iflder Khyber Pakhtunkhwa Land
revenue Act, 1967;
(i) "District Police Officer" means the head of police of a district posted under
section 21;
KHYBER PAKHTIJNKHWA GOVERNMENT GAZETTE, EXTRAORDINARY, 30th JANUARY, 2017. 1025
• "exigency of service", in relation to posting and transfer, means an urgent or
unforeseen situation which, for the reasons to be recorded in writing, requires
premature transfer of a Police Officer for performance of specific tasks or
duties but not as a replacement for what should be rightly treated as an
efficiency and discipline matter;
(k) "Government" means the Government of the Khyber Pakhtunkhwa;
(I) 'Head of District Police' means a District Police Officer or a Capital City Police
Officer, as the case may be;
(m) 'Head of Unit' means a police officer not below the rank of Superintendent of
Police or any other officer heading a self contained administrative unit with
operational and financial autonomy;
(n) 'junior ranks' means members of the Police as provided in section 7 of this Act;
(0) 'person' includes community, a company, or corporation;
(p) '~Iace' includes-
(a) any building, tent, booth or other structure, whether permanent or
temporary; and
(b) any area, whether enclosed or open.
(q) '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;
(r) '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;
(s) 'Police Officer' means a member of the police, who is subject to this Act;
(t) 'Police or Police Establishment' means the police referred to in section 6 of
this Act and includes,-
(a) all persons appointed as special police officers or additional police
officers under this Act; and
(b) all other employees ofthe police.
(u) 'Province' means the Province of the Khyber Pakhtunkhwa;
(v) 'Provincial Police Officer' means the head of the Police for the Province posted
under section 15 of this Act;
1026 KHYBER PAKHTUNKHWA GOVERNMENT GAZETIE, EXTRAORDINARY, 30th JANUARY, 2017
(w) 'prescribed' means prescribed by rules made under this Act;
• (x) 'property' means any moveable property, moneyor valuable security;
(y) 'public place' means any place to which the public may have access;
(z) 'Regional Police Officer' means Head of the police of a region;
(aa) 'rules' means rules made under this Act;
(bb) 'Schedule' means a schedule to this Act;
(cc) 'senior ranks' means members of the Police as provided in section 7 of this
Act;
(dd) 'Station House Officer' means the officer incharge of a police station;
(ee) '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;
(ff) 'Sub-Divisional Police Officer' means a police officer not below the rank of
Assistant Superintendent of Police or Deputy Superintendent of Police.
supervising one or more police stations;
(gg) '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 Head of District Police.
CHAPTER-II
RESPONSIBILITIES AND DUllES OF POLICE
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 in the society;
(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;
(d) aid individuals who are in danger of physical harm particularly women and
children; and
(e) protect life and property of minorities and their places of worship.
KHYBER PAKHTUNKHWA GOVERNMENT GAZETTE,EXTRAORDINARY, 30th JANUARY, 2017. 1027
4. Dutiesof police.---(l)Subject to law, it shall be the duty of every police officer to-
.- (a) protect life, property, honour and liberty of citizens;
(b) detect, investigate and bring offenders to justice;
(c) maintain public order and security;
(d) preserve and promote public peace;
(e) counter militancy and terrorism;
(f)ensure that the rights and privileges, under the law, of a person taken in
custody, are protected;
(g) prevent the commission of offences and public nuisance;
(h) collect and communicate intelligence affecting public peace and crime in
general;
(i) 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 vulnerable and sensitive places including places of
public worship;
U) regulate and control traffic on public roads and streets;
(k) take charge of all unclaimed property and to prepare its inventory;
(I) provide information in the prescribed manner regarding unclaimed property, to
prevent the abuse of such property;
(rn) apprehend all persons whom he is legally authorized to apprehend and for
whose apprehension, sufficient grounds exist;
(n) ensure that the information about the arrest of a person is promptly
communicated to a person of his choice;
(0) enter and inspect without a warrant on reliable information any public place,
shop or gaming-house where alcoholic drinks or narcotics are sold or weapons
are illegally stored and other public places of resort of loose and disorderly
characters;
(p) obey and promptly execute all lawful orders;
(q) perform other duties and exercise powers as are conferred by this Act, the
Code or any other law for the time being in force;
(r) aid and co-operate with other .agencies for the prevention of destruction of
public property by violence, fire, or natural calamities;
1028 KHYBER PAKHruNKHWA GOVERNMENT GAZEITE, EXTRAORDINARY, 30th JANUARY, 2017
(s) assist in preventing members of public from exploitation by any person or
organized groups;
•
(t) take charge of lunatics at large to prevent them from causing harm to
themselves or other members of the public and their property;
(u) prevent harassment of women and children in public places;
(v) take action against vagrants for security purposes and to confiscate anything
found from them in favour of Government;and
(w) create public awareness regarding their lawful rights and duties and educate
the public regardingtheir safety and security.
(2) Police officer shall make everyeffort 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 dependents, where applicable,
with such information and documents as would facilitate their compensation
claims; and
(d) cause awareness amongst public regarding traffic laws and inform the victims
of road accidents of their rights and privileges.
(3) It shall be the duty of a police officer to lay information before a competent court and to
apply for a summons, warrant, search warrant or such other legal process as may, by law, be issued
against any person suspected of committing an offence.
(4) Everypolice officer while on police duty shall have all the powers and privileges of a
police officer, under any law for the time being in force and be liable to serve at any time in any branch,
division, bureau and section.
5. Emergency duties of police with regard to essential services.---(1) Government may, in an
emergency, by notification in the official Gazette, declare any specified service to be an essential
serviceto the community.
(2) Upon a declaration being made under sub-section (1) and so long as it remains in
force, it shall be the duty of everypolice officer to obey any lawful order given by a senior police officer in
relation to the declaration.
CHAPTER-III
CONSTIruTION AND ORGANIZATION OFlliE POLICE
6. Police Establishment for the Province.---(1)Governmentshall maintain a Police Establishment
for the Province.
KHYBER PAKHTUNKHWA GOVEijNMENT GAZETTE,EXTRAORDINARY,30th JANUARY, 2017. 1029
(2) The Headquarter of the Police at Peshawar shall be known as Central Police Office to
. .
be headed
Administration
by the Provincial Police Officer, which shall comprise of Establishment
Branch, Operation Branch, investigation
Branch .
Branch, Finance and Procurement Branch,
Internal Accountability Branch, Welfare Branch. Legal Branch, Public Relations Section, Information
Technology Branch, Public Complaint Section, Infrastructure Development Branch and Training Branch;
Provided that the Provincial Police Officer, within existing resources may constitute any other
Branch, Bureau, Section, Unit at the provincial headquarters as deemed appropriate.
7. Constitution of the Police Establishment---(l) The Police Establishment shall consist of senior
and junior rank police officers and officials and other employees and shall have such organization as
Government in consultation with the Provincial Police Officer may from time to time determine.
(2) The following shall be the senior and junior ranks in the police Establishment:
Senior Police Ranks
(a) Provincial Police Officer
(b) Additional Inspector General of Police
(c) Deputy Inspector General of Police
(d) Assistant Inspector General of Police/Senior Superintendent of Police
(e) Superintendent of Police
(f) Assistant Superintendent of Police/Deputy Superintendent of Police
Junior Police Ranks
(a) Inspector of Police
(b) Sub-Inspector of Police
(c) Assistant Sub-Inspector of Police
(d) Police Head Constable
(e) Police Constable
(3) The recruitment in police other than ministerial and specialist cadre shall be in the rank
of Constable, Assistant Sub-Inspector and Assistant Superintendent of Police.
(4) Notwithstanding anything contained in sub-section (3) and section 29 of this Act,
Government shall, whenever need arises, directly recruit persons in the rank of Deputy Superintendent
of Police, which shall not exceed five percent (5%) of the total posts in that cadre.
(5) Subject to rules, Head of District Police shall be the Appointing Authority for junior
ranks.
8. Superintendence of the Police.---(l) The overall power of superintendence of Police shall vest in
Government, which shall be exercised in such a manner to ensure that Police shall perform its duties
efficiently and strictly in accordance with law.
(2) Government may, subject to availability of resources, provide sufficient human
resources to the Police to ensure that working hours of the Police personnel are in conformity with the
laws regulating working hours in Pakistan.
1030 KHYBERPAKHlUNKHWA GOVERNMENTGAZETTE,EXTRAORDINARY,30th JANUARY,2017
9. Powers of the Chief Minister.---(1) For the purpose of superintendence, the Chief Minister may
hold and preside periodical meetings of law and order as and when requited for formulating policy and
oversight.
(2) The Chief Minister may order for fact finding inquiry against a police officer for access,
neglect, abuse of authority and conduct prejudicial to public interest; provided that for the purpose of
inquiry, the Chief Minister may,-
(i) refer the matter to Provincial Police Officer: or
(ii) refer the matter to Provincial Public Safety Commission; or
(iii) constitute a Committee of three persons having one representative from Police
Department to be nominated by the Provincial Police Officer and others to be
nominated by the Chief Minister from amongst the civil servants:
Provided further that for the purpose of this sub-section, the Chief Minister may, in cases of
grave misconduct or in cases where he deems that the officer may affect the inquiry proceedings, direct
that the police officer may temporarily be closed to Police Headquarter in which case the inquiry shall
be held within a period of seven (07) days and if access, neglect or abuse of authority is proved in the
aforesaid inquiry, recommend to the competent authority for appropriate action in accordance with
rules.
(3) The Chief Minister shall preside over at least two meetings in a year of the Provincial
Public Safety Commission.
10. Police Policy Board.---(l) There shall be a Police Policy Board headed by Provincial Police
Officer and consisting of at least eight senior police officers not below the rank of Deputy Inspector
General and any co-opted members as the Provincial Police Officer may deem appropriate for
formulating strategies to ensure
, efficient and transparent administration and public service delivery.
(2) The Police Policy Board shall give input and advice on major issues relating to the
Police referred to it by Provincial Police Officer.
11. Administration of the Police.---Administration of Police in the Province shall vest in the
Provincial Police Officer, who shall exercise such powers and perform such functions and duties and
shall have such responsibilities as may be provided by or under this Act and any other law for the time
being in force.
12. Administration of Police in a district and Unil---(1) Subject to this Act, the administration of
Police in a Capital City District, shall vest in Capital City Police Officer and in a District shall vest in the
District Police Officer.
(2) The Capital City Police Officer or District Police Officer may delegate any of his powers
and functions conferred on him to a Superintendent of Police, Assistant or Deputy Superintendent of
Police.
(3) The administration of police in a Unit shall vest in the Head of Unit.
KHYBERPAKHTUNKHWAGOVERNMENTGAZETTE,EXTRAORDINARY,30th JANUARY, 2017. 1031
13. Police Establishment to be organized on functional basis.---(l) The Police Establishment
constituted under section 70f this Act shall, as far as practicable, be organized on functional or
•
territorial basis into branches, divisions, bureaus and sections.
(2) The branches, divisions, bureaus and sections referred to in sub-section (1) may
include but not limited to, Investigation, Intelligence, Operation, Watch and Ward, Reserve Police,
Training and Development, Human Resource Management, Traffic Planning and Management,
Information Technology, Transport, Bomb Disposal Unit, Canine, Mounted Police, Research and
Development, Estate Management, Telecommunication, Criminal Record Office and Forensic Science
Laboratory and shall be headed by such police officers as the Provincial Police Officer may determine.
(3) Notwithstanding anything contained in sub-section (2), for effective performance of
functions under this Act, the Police shall have-
(i) a Counter Terrorism Department to be headed by a police officer of the rank of
Additional Inspector General and shall have such staff as the Provincial Police
Officer may determine for collection of intelligence, surveillance and
monitoring, and to conduct operations. The Counter Terrorism Department
shall have its offices in regions, districts and sub-divisions with notified police
stations and detention centers in order to investigate all such cases relating to
terrorism as notified by the Provincial Police Officer;
(ii) Special Branch to be headed by a police officer of the rank of Additional
Inspector General with such staff at headquarter, regional, district and sub-
divisional level as the Provincial Police Officer may determine to keep abreast
the Provincial Police Officer and the offices and establishments of Government
as approved by the Provincial Police Officer about activities that have likely
affect and impact on crime and public order and to perform functions as given
in the Blue Book and any other duties assigned by the Provincial Police Officer;
Explanation: Blue book means the' document notified by the Federal
Government for the protection and security of important persons.
(iii) an Elite Force to be headed by a police officer of the rank of Additional
Inspector General and shall have specialized units at headquarter, regional
. and district level to respond to serious situations of law and order, and
terrorism;
(iv) a Public Relations Section to be headed by a police officer not below BS
19and assisted by information officers under the direct control of Provincial
Police Officer to respond to electronic and print media on Police issues, create
awareness, education and improve police image in the public and shall have
its regional offices to be headed by an Officer not below BS 17;
(v) Finance and Procurement Branch to be headed by a police officer not below
the rank of Deputy Inspector General and comprising of Finance, Procurement,
Logistics and Audit units each headed by an officer not below the rank of
Assistant Inspector General to assist the Provincial Police Officer on issues
relating to finance, procurement, logistics and audit;
1032 KHYBER PAKHlUNKHWA GOVERNMENT GAZETTE,EXTRAORDINARY, 30th JANUARY, 2017
(vi) Internal Accountability Branch to be headed by a police officer of the rank of
Additional Inspector General assisted by such police officers as determined by
the Provincial Police Officer for the purpose of internal accountability of Police
and comprising of Human Rights Vigilance Wing and Complaint and Enquiry
Wing each headed by an officer not below the rank of Assistant Inspector
General;
(vii) a Legal Affairs Branch at Central Police Office to be headed by a police officer
not below the rank of BS 19 with such staff at headquarter, regional, district
and sub-divisional level as the Provincial Police Officer may determine to
assist the police on matters relating to investigations and legal affairs;
provided that it shall be a separate and specialist cadre and its officers shall
not be merged in any other Branch, Unit, Bureau etc., of police subject to rules
as prescribed;
(viii) Reserve Police to be headed by a police officer not below the rank of Deputy
Inspector General with its offices at regional and district level for assisting the
local police in law and order, crime, security and any other duties as the
Provincial Police Officer may determine;
Provided that if the strength of Reserve Police exceeds 10,000 it shall
be headed by an officer of the rank of Additional Inspector General of Police;
(ix) Traffic Branch to be headed by an officer not below the rank of Deputy
Inspector General of Police with such number of staff as determined by the
Provincial Police Officer to assist the Provincial Police Officer in formulating
policies relating to traffic and regulating traffic on highways within the
Province;
(x) Warden Traffic Police Service in Capital City Police and regional headquarters
and any other urban area with the approval of Government for management
and control of traffic to be headed by an officer not below the rank of
Superintendent of Police; provided that this unit shall be a separate cadre upto
the rank of Inspector in the manner prescribed. The initial recruitment process
and training shall be similar as prescribed for Constable and Assistant Sub-
Inspector in addition to the specialized training in the manner prescribed;
(xi) Welfare Branch to be headed by a police officer not below the rank of Assistant
Inspector General to assist the Provincial Police Officer with the welfare of the
Police and Police Martyrs and theirfamilies;
(xii) Infrastructure Development Unit to be headed by a police officer not below the
rank of Deputy Inspector General of Police, and assisted by such number of
technical officers as the Provincial Police Officer may determine, to deal with
all matters of Infrastructure Development Projects; and
(xiii) Telecommunication and Transport Branch to be headed by a police officer of
the rank of Deputy Inspector General and consisting of Telecommunication
Unit and Transport Unit each headed by a police officer not below the rank of
Superintendent of police. The units may have such technical staff as
determined by the Provincial Police Officer.
KHYBER PAKHTUNKHWA GOVERNMENT GAZETTE,EXTRAORDINARY, 30th JANUARY, 2017. 1033
(4) The police, in addition to the Police Training College Hangu, and other police training
• schools, shall have the following specialized schools for the capacitybuildlng of police personnel:
(i) Police School of Investigation;
(ii) Police School of Intelligence;
(iii) Police School ofTactics;
(iv) Police School of Public Disorder and Riot Management;
(v) Police School of Explosive Handling;
(vi) Police School of Information Technology;
(vii) Police School ofTraffic Management;
(viii) Police School ofTelecommunication; and
(ix) . Elite Police Training Centre.
Provided that the Provincial Police Officer may establish other specialized schools of training
with prior approval of Government.
(5) A police officer up to the rank of Deputy Superintendent of Police shall be promoted to
a higher rank after getting requisite training in the specialized schools as provided in sub-section (4)
and qualifying promotion ~ourses in a manner to be determined by Provincial Police Officer.
(6) A Deputy Superintendent of Police shall not be promoted to the next higher rank unless
he undergoes junior command course in a manner determined by the Provincial Police Officer.
(7) There shall be a Directorate of Training in the Police to be headed by an officer not
below the rank of Deputy Inspector General of Police and consisting of three sections each headed by
an officer not below the rank of Superintendent of Police to deal with pre-service training, in-service
training and specialized training respectively to assist the Provincial Police Officer in formulation of
training policy and modules, and evaluation of schools and courses.
(8) Every police officer shall be liable for posting to any branch, division. bureau and
. section, or anywhere in or outside the police unless otherwise provided under this Act.
(9) Posting to any specialized branch. division, bureau or section shall be subject to
necessary training and experience.
14. Constitution of regions and divisions etc.---(l) The Provincial Police Officer may with the
approval of Government constitute police regions in the Province.
Explanation: For the purpose of this section, Region means two or more Districts to be headed
by a Regional Police Officer.
(2) Within the budgetary allocations, Provincial Police Officer may through notification-
(a) divide districts into police divisions, sub divisions and police stations;
(b) sub-divide the police stations into police posts; and
(c) define the limits and extent of such divisions, sub divisions, police stations and
police posts:
1034 KHYBERPAKHlUNKHWA GOVERNMENTGAZETTE,EXTRAORDINARY,30th JANUARY,2017
Provided that the limits and extent of such divisions, police stations and police posts shall, as
• far as practicable, be coterminous with the limits ofTehsils, orTown in a city district and Village Council
or Neighbourhood Council respectively.
(3) A police region under sub-section (1) shall be headed by a police officer not below the
rank of Deputy Inspector General of Police.
(4) A police division shall be headed by an officer not below the rank of a Superintendent
of Police; a police sub-division shall be headed by an officer not below the rank of an Assistant or
Deputy Superintendent of Police and a police station shall be headed by an officer of the rank of
Inspector or Sub-Inspector of Police.
(5) The term of office for Station House Officer shall not be less than one year and not more
than two years unless transferred earlier due to exigency of service or misconduct.
CHAPTER-IV
APPOINTMENT, POSTINGAND FUNCTIONSOF POLICEOFFICER
15. Posting of Provincial Police Officer.---(1) Government shall, out 'of a panel of three police
officers recommended by the National Public Safety Commission from a list provided by the Federal
Government, post a police officer of the rank of Inspector General of Police as Provincial Police Officer
of the Province:
Provided that before a police officer is posted as Provincial Police Officer under sub-section (1),
the Federal Government shall place his services at the disposal of Government:
Provided further that where the National Public Safety Commission is not constituted, Federal
Government shall provide complete list of BPS-21 and above officers for appointment of one of them as
Provincial Police Officer.
(2) During temporary absence of the Provincial Police Officer, the Additional Inspector
General of Police, Headquarters may exercise all or any of the powers, perform all or any of the functions
and duties, and discharge all or any of the responsibilities of the Provincial Police Officer relating to
routine and day to day affairs.
16. Term of office of Provincial Police Officer.---(1) The term of office of Provincial Police Officer
may not be less than two years from the date of his posting.
(2) Government may with the approval of Federal Government, repatriate or the Federal
Government may, on its own accord, recall, Provincial Police Officer.
(3) Government may initiate the case of premature transfer of the Provincial Police Officer
for unsatisfactory performance of duties.
17. Powers and functions of the Provincial Police Officer.---(l) The Provincial Police Officer shall
have all operational, administrative and financial powers as ex-officio Secretary to Government and
other powers under this Act or under any other law for the time being in force.
(2) The Provincial Police Officer may, by a general or special order, empower any officer
subordinate to him to exercise and perform all or any of the powers, functions or duties to be exercised
or performed under this Act.
KHYBERPAKHTUNKHWAGOVERNMENTGAZETTE,EXTRAORDINARY,30th JANUARY, 2017. 1035
(3) The Provincial Police Officer may, in consultation with Police Policy Board, for direction
and control issue standing orders in accordance with the provisions of this Act or rules made hereunder
•
for the efficient functioning of the police.
(4) Notwithstanding anything contained in other laws or rules for the time being in force,
the Provincial Police Officer shall transfer and post officers up to the rank of Additional Inspector
General in the Police Establishment throughout the Province and issue notification thereof.
(5) Every Officer posted under sub-section (4), shall exercise and perform such powers,
functions and duties, as assigned to him under this Act, or any other law for the time being in force.
(6) The Provincial Police Officer shall prepare a provincial annual policing plan for review
by the Provincial Public Safety Commission. The plan shall include-
(a) objectives of policing;
(b) financial resources likely to be' available during the year;
(c) targets; and '
(d) mechanism for achieving these targets.
(7) The Provincial Police Officer for the efficient service delivery to public may, at
provincial, regional or district level, establish public information system, police assistance lines and
complaint management system for facilitation and assistance to public at large.
(8) The Provincial Police Officer shall ensure welfare of Police and shall take appropriate
measures for the wellbeing of serving, retired, deceased personnel and their families, in accordance
with Government policies.
18. Powers of Provincial Police Officer, concerning police accounts.---(l) Provincial Police Officer,
shall have authority to investigate all matters of accounts connected with the Police Establishment and
all persons concerned shall be bound to give reasonable aid and facilities in conducting such
investigation and to conform to his orders consequent thereto.
(2) The power of Provincial Police Officer, to investigate accounts under sub-section (1)
shall be without prejudice to the Auditor General's authority to audit police accounts.
19. Posts of Additional Inspector General of Police.---There shall be such number of Additional
Inspectors General of Police as Government in consultation with the Provincial Police Officer, may
determine, to assist the Provincial Police Officer in the efficient performance of his duties.
20. Posts of Deputy Inspector General, Assistant Inspector General, Senior Superintendent,
Superintendent, Assistant Superintendent, and Deputy Superintendent---Subject to this Act, there
shall be such number of Deputy Inspector General, Assistant Inspector General, Senior Superintendent,
Superintendent, Assistant Superintendent, and Deputy Superintendent, as Government, in consultation
with the Provincial Police Officer, may determine.
21. Posting of Capital City Police Officer and District Police Officers. --- (1) The Provincial Police
Officer may post a Police Officer not below the rank of Deputy Inspector General of Police as the Capital
City Police Officer in Capital City District and a Police Officer not below the rank of Senior
Superintendent of Police as District Police Officer in a District.
1036 KHYBERPAKHlUNKHWA GOVERNMENTGAZETTE,EXTRAORDINARY,30th JANUARY,2017
(2) The term of the Head of District Police, shall not be less than two years and not more
• than three years from the date of his posting unless transferred earlier due to exigency of service or
misconduct.
22. Responsibilities of Head of District Police.---(l) Head of District Police shall prepare an Annual
Policing Plan consistent with Provincial Policing Plan in the prescribed manner.
(2) The Policing Plan shall include-
(a) objectives of policing;
(b) financial resources likely to be available during the year;
(c) targets; and
(d) mechanism for achieving these targets.
(3) Head of District Police shall obtain the approval of the plan from the District Public
Safety Commission or Capital City District Public Safety Commission, as the case may be, and send
copies of the approved plan to Government and Provincial Public Safety Commission through Provincial
Police Officer.
(4) Subject to the provisions of this Act, Head of District Police shall present a report to the
District Assembly twice a year on police performance.
(5) The Head of District Police shall be responsible for maintaining law and order in the
District.
23. Responsibility of Capital City Police Officer.---The Capital City Police Officer in addition to his
powers and responsibilities as District Head of Police under this Act or under any other law for the time
being in force, shall also exercise the powers of Regional Police Officer in the Capital City District.
24. Pre-mature transfer of the Head of District Police.---On the ground of misconduct, inefficiency
or exigency of service, the Head of District Police may be transferred before completion of term of office
by the Provincial Police Officer.
25. Posting and functions of Head of Investigation.---(l) There shall be a Provincial Investigation
Branch to be headed by an officer of the rank of Additional Inspector General of Police.
(2) The Additional Inspector General of Police, Investigation shall assist the Provincial
Police Officer in the supervision of investigation in the Province in the manner prescribed. The
Additionallnspeetor General, Investigation shall-
(a) head the specialized units established at the provincial level for the
investigation of crimes having inter-regional impact;
(b) conduct performance audit of investigation staff;
(c) monitor the investigations;
(d) examine and enquire complaints relating to conduct of investigations;
KHYBER PAKHlUNKHWA GOVERNMENT GAZETTE,EXTRAORDINARY,30th JANUARY, 2017. 1037
(e) head the provincial crimes branch;
•
(f) make recommendations to Provincial Police Officer for second change of
investigation in light of the recommendations of the Provincial Review Board;
(g) supervise and approve the investigations conducted by the Provincial Crimes
Branch;
(h) supervise working of Criminal Record Office;
(i) compile crime statistics;
m head the research and analysis wing of the investigation branch;
(k) head the forensic labs and other investigation support units at the provincial
level;
(I) compile and circulate periodic crime reports and criminal intelligence gazette;
(rn) coordinate with other provinces and Interpol in matters of investigation; and
(n) perform any other duty assigned by the Provincial Police Officer.
(3) The Provincial Police Officer may determine the territorial and functional jurisdiction of
Provincial Investigation Branch and each of the unit so established shall be headed by an officer not
below the rank of Deputy Inspector General of Police.
26. Separation of investigation function.---(l) There shall be separation of investigation from other
functions of the police atpolice station level.
(2) Subject to sub-section (3), there shall be a District Investigation Branch in each
District, under the supervision of Head of District Investigation Branch, to investigate all cases
registered in the District.
(3) The Provincial Police Officer may notify the offences which shall be investigated by the
officers in the police station under the supervision of the Station House Officer of the police station;
Provided that if an offence in" 8 case is required to be investigated by the District Investigation
Branch then the entire case shall be investigated by the District Investigation Branch:
Provided further that cases of murder and such other offences as determined by Provincial
Police Officer shall be investigated by an officer of the rank of Inspector and where an Inspector is not
available, the investigation shall be conducted by an officer not below the rank of Sub-Inspector duly
authorized by the District Police Officer.
(4) The District Investigation Branch, other than in the Capital City District, shall be headed
by a police officer not below the rank of a Superintendent of Police and shall consist of such other
police officers as the Provincial Police Officer may determine.
1038 KHYBER PAKHlUNKHWA GOVERNMENT GAZETTE, EXTRAORDINARY, 30th JANUARY, 2017
(5) In the Capital City District, the District Investigation Branch shall be headed by a police
• officer not below the rank of Senior Superintendent of Police and shall consist of such other police
officers as the Provincial Police Officer may determine.
(6) The members of District Investigation Branch shall not form part of any police station
and, as far as possible, the District Investigation Branch shall comprise specialized wings, each wing
being responsible for investigation of one or more types of cases.
(7) In order to institute specialized units in each District, the Provincial Police Officer shall
determine the organization and jurisdiction, as and when required, at the level of the District
(8) The Head of District Investigation Branch shall be directly responsible to the Head of
District Police.
(9) There shall be a supervisory officer in each police sub-division who-
(a) shall visit scene of crime in special report cases as specified by the Provincial
Police Officer;
(b) shall ensure timely completion of investigation and submission of challan;
(c) may summon the investigation officer or team of officers, review the case file,
evaluate the evidence and issue instructions to the investigation officer or
team of officers in the form of case diary;
(d) shall verify the investigation in special report cases by writing a case diary
before submission of report in the Court; and
(e) shall verify the investigation where the accused nominated in First Information
Report has been declared innocent by the investigating officer:
Explanation: For the purpose of this section, the supervisory officer means the Sub-
Divisional Police Officer or such other police officer not below the rank of Assistant
Superintendent of Police or Deputy Superintendent of Police as the Provincial Police
Officer may determine.
(10) A supervisory officer shall be responsible to the Head of investigation branch for the
functions mentioned in sub-section (9).
(11) An officer of the police station shall, immediately after receiving information of an
offence, inform the District Investigation Branch of the offence which is required to be investigated by
the District Investigation Branch.
(12) If the Head of District investigation Branch is of the opinion that a case under
investigation with the District Investigation Branch is not in its jurisdiction, he shall, under intimation to
the Head of District Police, send the case through the supervisory officer for further investigation to the
Station House Officer of the police station.
KHYBERPAKHlUNKHWA GOVERNMENTGAZETTE,EXTRAORDINARY,30th JANUARY,2017. 1039
(13) If the Station House Officer of the police station is of the opinion that a case under
•
investigation by the police station staff is required to be investigated by the District Investigation
Branch, he shall, under intimation to the Head of District Police, send the case through the supervisory
officer for further investigation to the District Investigation Branch.
(14) Except in case of an emergency notified by the Provincial Police Officer for a specified
period, the members of District Investigation Branch shall not be employed for duties other than
investigation.
27. Transfer of investigation.---(l) Within seven working days of the filing of an application, the
Regional Police Officer may, after obtaining opinion of the Regional Review Board and for reasons to be
recorded in writing, transfer investigation of a case from the investigation officer to Regional Crimes
Branch or any other investigation officer or a team of investigation officers in that region or, with the
approval of the Provincial Police Officer, to the officer of any other region or unit:
Provided that the Regional Crimes Branch shall be headed by an officer not below the rank of
Superintendent of Police.
(2) If the Regional Police Officer has transferred an investigation, the Provincial Police
Officer may, within fifteen (15) days of the filing of an application, after obtaining opinion of the
Provincial Review Board and for reasons to be recorded in writing, order second transfer of investigation
of a case to the Provincial Crimes Branch:
Provided that the investigation in the Provincial Crimes Branch shall be supervised by an officer
not below the rank of Deputy Inspector General of Police.
(3) For the purpose of this section:
(a) I Regional Review Board means the Regional Review Board constituted by the
I
Regional Police Officer consisting of a Superintendent of Police as Chairperson
and. two Superintendents of Police as members including the Head of
Investigation of the concerned district; and
(b) I Provincial Review Board I means the Provincial Review Board constituted by
the Additional Inspector General of Police, Investigation consisting of Deputy
Inspector General of Police as Chairperson and two officers not below the rank
of Superintendent of Police as members.
28. Recruitment in the rank of Assistant Superintendent of Police.---The recruitment in the rank of
Assistant Superintendent of Police shall be through the Federal Public Service Commission on all
Pakistan basis.
29. Appointment of Deputy Superintendent of Police.---(l) The posts of Deputy Superintendent of
Police shall be filled in the following manner:
1040 KHYBER PAKHTUNKHWA GOVERNMENT GAZETTE,EXTRAORDINARY, 30th JANUARY, 2017
(i) subject to competitive examination, twenty five percent (25%) by selection on
merit from amongst graduate Inspectors, on the recommendation of Public
Service Commission in the prescribed manner; and
(ii) seventy five percent (75%) from Inspectors on the recommendation of
Dep ••rtmental Selection Committee in the prescribed manner.
(2) The other terms and conditions of service shall be such as may be prescribed.
30. Appointment of Inspectors.---(l) The post of Inspector shall be filled in the following manner:
(i) subject to competitive examination, twenty five percent (25%) by selection on
merit from amongst graduate Sub-Inspectors on recommendation of Public
Service Commission in the prescribed manner; and
(ii) seventy five percent (75%) from amongst Sub-Inspectors on the
recommendation of Departmental Promotion Committee in the prescribed
manner.
(2) The other terms and conditions of service shall be such as may be prescribed.
31. Appointment of Sub-lnspectors.---(l) The post of the Sub-Inspector shall be filled in the
following manner:
(i) subject to competitive examination, twenty five percent (25%) by selection on
merit from amongst Assistant Sub-Inspectors on recommendation of Public
Service Commission in the prescribed manner; and
(ii) seventy five percent (75%) from amongst Assistant Sub-Inspectors on the
.recomrnendation of Departmental Promotion Committee in the prescribed
manner.
(2) The other terms and conditions of service shall be such as may be prescribed.
32. Appointment of Assistant Sub-lnspectors.---(l} The post of the Assistant Sub-Inspector shall be
filled in the following manner:
(i) subject to competitive examination, twenty five percent (25%) from amongst
graduate Constables or Head Constables by selection on merit on the
recommendations ofthe Public Service Commission in the prescribed manner;
(ii) fifty percent (50%) from Head Constables on the recommendations of the
Departmental Promotion Committee in the prescribed manner; and
(iii) twenty five percent (25%) by initial recruitment through Public Service
Commission in the prescribed manner:
Provided that the Provincial Police Officer in consultation with Government may fix quota for the
wards of Shuhada of police under this sub-section.
KHYBER PAKHTUNKHWA GOVERNMENTGAZETTE,EXTRAORDINARY,30th JANUARY, 2017. 1041
(2) The other terms and conditions of service shall be such as may be prescribed .
•
33. Appointment of Head Constables.---The post of the Head Constable shall be filled in by
promotion from amongst the constables in the prescribed manner.
34. Initial recruitment of Constables.---(l)The post of Constable shall be filled in by initial
recruitment at the District level by the head of district police through a selection process conducted by
an accredited testing agency approved by the Provincial Police Officer.
(2) The recruitment in the rank of Constable shall be on the basis of district of domicile.
35. Appointment of experts.---(l)Governmcnt may, on recommendation of the Khyber Pakhtunkhwa
Public Service Commission, appoint experts to assist the Provincial Police Officer.
(2) The qualifications, eligibility, terms and conditions of service of experts shall be as
prescribed.
36. Appointment of Director of Police Communications etc.---Subject to rules, Provincial Police
Officer, may appoint Directors of Communication, Electronics, Motor Transport, Information
Technology, Traffic Engineering, Research Analysis and any other specialized discipline for the whole of
the Province or for any part thereof and such number of officers and staff as may be determined from
time to time.
37. Posting in Police Training College and School and specialized School.---(l) Provincial Police
Officer may post an officer not below the rank of Deputy Inspector General of Police as Commandant of
the Police Training College and an officer not below the rank of Superintendent of Police as Principal of
each Police Training School within the Province.
(2) The Provincial Police Officer may with the approval of Government appoint Directors of
Specialized School, preferably domiciled from Khyber Pakhtunkhwa, having expertise in the relevant
field, on contract basis for such period as Provincial Police Officer may deem appropriate.
38. Oath or affirmation by members of police.---Every member of the police shall on appointment
make and subscribe before Provincial Police Officer or head of a training institution, an oath or
affirmation according to the form set out in the First Schedule.
39. Certificate of appointmenl---(l) Officers of junior ranks shall on appointment receive a
certificate in the form provided in the Second Schedule. The certificate shall be issued under the seal of
such officer as Provincial Police Officer may determine.
(2) A certificate of appointment shall become null and void whenever the police officer
named therein ceases to belong to the police.
40. Suspension of police officer.---(l) Subject to rules, the authority or an officer authorized in this
behalf by the authority shall have power to suspend a member of police.
(2) The powers and functions vested in a member of police shall remain suspended while
such officer is under suspension:
1042 KHYBER PAKHlUNKHWA GOVERNMENTGAZETTE,EXTRAORDINARY,30th JANUARY, 2017
• Provided that notwithstanding his suspension such member shall not cease to be a member of
Police Establishment and shall continue to be subject to the control of the same authorities to which he
would have been. but for his suspension.
41. General powers of Provincial Police Officer etc.---Subject to this Act and rules made there-
under, Provincial Police Officer, Regional Police Officer, Head of Units and Head of District Police, as
the case may be, shall within their respective spheres of authority, -direct and regulate all matters of
recruitment, training, postings, transfers, promotions, arms, drill. discipline, clothing, distribution of
duties, welfare, development and any other matter concerning the efficient fulfillment of duties by the
police under his control.
42. Appointment of special police officers. -(1) Subject to rules, Head of District Police and Head
of Units may against the posts approved by the Government appoint special police officers for special
purposes or occasions when the police available to him is not sufficient to assist the police under his
command.
(2) Every special police officer so appointed shall, on appointment-
(a) receive a certificate in the prescribed form; and
(b) have such powers, immunities and perform such duties and have such
responsibilities as determined by the Head of District and Head of Unit, as the
case may be, in accordance with the standing orders issued by the Provincial
Police Officer from time to time.
43. Appointment of additional police.---(l) Head of the District Police subject to the approval of the
Provincial Police Officer, may appoint additional police officers of such rank and for such time as he
may deem fit for the purposes stated in their employment orders.
(2) Every additidnal police officer so appointed shall on appointment -
(a) receive a certificate in a form approved by Provincial Police Officer;
(b) have such powers, immunities and perform such duties and have such
responsibilities as determined by the Head of District and Head of Unit, as the
case may be, in accordance with the standing orders issued by the Provincial
Police Officer from time to time; and
(c) be subject to orders of the Head of the District Police.
(3) The employment of additional police may be made at the request of any person
reasonably requiring such police and the cost of such employment shall be recovered in such manner as
provided under this Act or rules made there under.
44. Ministerial staff etc.---(1) Subject to rules, Provincial Police Officer, may appoint ministerial
staff and other employees to assist the police.
(2) Any person employed under sub-section (1) shall be under the direction and control of
Provincial Police Officer.
KHYBER PAKHTUNKHWA GOVERNMENT GAZETTE,EXTRAORDINARY, 30th JANUARY, 2017. 1043
(3) The powers of direction and control referred to in sub-section (2) shall include the
• powers of discipline and dismissal.
(4) Subject to rules, Provincial Police Officer, may delegate his powers and authority under
this section to an officer of appropriate rank.
45. Police support to Government functionaries, etc.---Any functionary of the Federal Government,
Provincial Government, any statutory body or anybody or corporation owned, set up or controlled by any
such Government or in which such Government has a controlling share or interest, District Government,
Tehsil or Town Municipal Administration or Village Councilor Neighbourhood Council, 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 section it shall forthwith bring the matter through its channel of command to the
notice of Head of District Police who shall make arrangement for provision of police support and, where
he is unable to provide such support, he shall inform the Nazim, District Government and the
requisitioning authority with reasons.
46. Responsibility and relationship with District Government---{l) Subject to the provisions of sub-
section (5) of section 22, in all exigencies threatening public order, natural calamities, general
elections, processions, festivals etc, whether religious or otherwise, the Nazim, District Government or
Deputy Commissioner, as the case may be, shall coordinate between District Police and other
[)epartments as well as provide his services to mediate for resolving issues leading to public disorder.
(2) Where a Nazim, District Government receives any public complaint relating to police,
he may refer the matter to Head of District Police for appropriate legal action. The Head of District
Police shall within fifteen (15) days submit a report to the Nazirn, District Government.
(3) The Tehsil 'or Town Council may refer in writing any public complaint relating to police,
through their concerned Nazim, to the concerned Sub-Divisional Police Officer for necessary legal
action. The Sub-Divisional Police Officer, as the case may be, shall take appropriate legal action on
such complaint and report back to the concerned council through the Nazim within fifteen (15) days.
)
(4) The Village Councilor Neighbourhood Council may refer in writing any public complaint
relating to police, through the concerned Nazim, to the concerned Station House Officer for necessary
legal action. The Station House Officer, as the case may be, shall take appropriate legal action on such
complaint and report back to the concerned council through the Nazim within fifteen (15) days.
(5) The Head of District Police in consultation with the Nazim, District Government shall
prepare traffic plan in the area and shall also facilitate Nazim, District Government for the
implementation of all municipal laws and for this purpose provide necessary police force on payment if
required permanently; provided that the services of police shall not be used for personal purposes.
47. Public liaison Councils.---(l)The Head of District Police or Senior Superintendent of Police
(Operations) in the manner as provided in sub-section (7) shall notify the Public Liaison Councils at
Village and Neighbourhood level consisting of such number of voluntary members and in the manner as
the Provincial Police Officer may determine through standing order; provided that each Committee shall
have:
1044 KHYBER PAKHlUNKHWA GOVERNMENT GAZETTE,EXTRAORDINARY, 30th JANUARY, 2017
(i) seventy (70) percent of its members from the elected members of the
• concerned Village Councilor Neighbourhood Councils, as the case may be;
and
(ii) thirty (30) percent of its members shall be persons of high repute and integrity
in the area.
(2) The Public Liaison Council shall have the powers to-
(a) issue first warning for violations of Amplifier Act in mosques, shops and
marketplaces;
(b) check tenant acknowledgement receipt;
(c) verify the credentials of tenants; and
(d) monitor the activities of released convicts / accused and other anti-social
elements.
(3) The Public Liaison council shall perform the following functions:
(i) assist the local police in crime prevention and maintenance of public order;
(ii) inform the local police about the tensions in the area which can lead to
violence;
(iii) inform the local police about any development affecting the general public;
(iv) inform the local police about new tenants in the area;
(v) inform the local police about misuse of loud-speaker and hate speeches in the
area;
(vi) inform the local police about any anti-social activity prevalent in the area; and
(vii) any other function approved by the Provincial Police Officer.
(4) In case of any law and order situation, the local police would seek their assistance in
resolving the issue.
(5) For the purpose of this section, the Station House Officer may hold periodical meetings
with the members of the Public Liaison Councils.
(6) The tenure of the Council shall be two years.
(7) The members of the Public Liaison Council shall be selected in the following manner:
KHYBER PAKHllJNKHWA GOVERNMENT GAZETTE,EXTRAORDINARY, 30th JANUARY, 2017. 1045
. -
(i) the Head of District Police or Senior Superintendent of Police (Operations)
shall notify the members on the recommendation of a committee constituted
by the Regional Police Officer or Capital City Police Officer, as the case may be.
The Committee shall be headed by an officer of the rank of Superintendent of
Police serving in that region; and
(ii) the members would be selected after proper verification from the Special
Branch.
(8) The Committee shall give due attention to the repute of the members recommended.
CHAPTER-V
ESTABLISHMENT OF PUBLIC SAFETYCOMMISSIONS
48. Establishment and composition of Provincial Public Safety Commission.---(l) There shall be a
Provincial Public Safety Commission, consisting of thirteen (13) members.
(2) The Provincial Public Safety Commission shall consist of the following members to be
appointed by Government;
(i) four (04) members of the Provincial Assembly, to be nominated by the Speaker
of the Provincial Assembly comprising two members from treasury benches to
be nominated in consultation with leader of the House and the other two from
opposition benches to be nominated in consultation with leader of opposition;
provided that one member shall be female;
(ii) Advocate General, Khyber Pakhtunkhwa as ex-officio member;
(iii) eight (08) members, shall be independent members, recommended by the
Provincial Scrutiny committee from the following categories:
(a) one retired High Court Judge;
(b) one retired officer from armed forces equivalent to the rank of Major
General;
(c) one retired civil servant in BPS-21 or above;
(d) one retired Police Officer in BPS-21 or above; and
(e) four members from civil society including one female and one minority
member
49. Functions of the Provincial Public Safety Commission.---(1)Subject to this Act, the Provincial
Public Safety Commission shall-
(a) evaluate the performance of the Police twice a year and submit annual report
to the Government and Provincial Assembly;
1046 KHYBERPAKHTUNKHWAGOVERNMENTGAZETTE,EXTRAORDINARY,30th JANUARY,2017
(b) take cognizance of police excesses, except matters relating to investigation, of
• Regional Police Officers and Head of District Police on the request of aggrieved
person, and proceed in the manner provided in section 50.
(c) enquire into the complaints against the members of the Regional Police
Complaints Authorities and District Public Safety Commissions;
(d) coordinate and supervise the functions and evaluate the performance of the
District Public Safety Commissions and Regional Police Complaint Authorities;
(e) approve Provincial Annual Policing Plan;
(f) assist police in redressal of their issues and grievances;
(g) recommend to the Government for grants to various police establishments
within the Province, for enhancing their capability to perform their functions
efficiently as prescribed in the law; and
(h) recommend reforms for modernization of laws and procedure in respect of
police.
(2) At least one member of the Provincial Public Safety Commission shall sit as an
observer in centralized purchases of police.
(3) For the purpose of enquiries, the Chairman Provincial Public Safety Commission shall
constitute, for a period of one year, an "Enquiry Panel" consisting of five members provided that two of
its members shall be from amongst the retired Government servants.
50. Procedure and inquiry.---When a complaint is received under clause (b) of sub-section (1) of
section 49 to the Commission, it shall refer it to the Provincial Police Officer, who shall hold inquiry
through relevant Competent' Authority within a period of twenty-one (21) days and to take appropriate
action under the rules. If after receipt of the report, the Commission is not satisfied, the Chairman may
direct the Enquiry Panel constituted under subsection (3) of section 49 to inquire the matter and give
final decision. The decision shall be conveyed to the relevant Competent Authority for taking
appropriate action in accordance with rules and report to the Commission within a period of thirty (30)
days about the action taken. The aggrieved person shall have the right of appeal to the Competent
Authority as provided in the relevant Efficiency and Disciplinary Rules of Police.
51. Establishment and composition. of the Capital City District Public Safety Commission.---(l)
Government shall establish a Capital City District Public Safety Commission in Capital City District
consisting of fifteen(15) members.
(2) The Capital City District Public Safety Commission shall consist of the following
members to be appointed by Government:
(i) six (06) members, to be nominated from amongst the members of District
Council in which three shall be from the treasury benches to be nominated by
the Nazim, District Government and the other three from the opposition
benches to be nominated by the leader of opposition; provided that one
member shall be female; and
KHYBER PAKHTUNKHWA GOVERNMENT GAZETIE, EXTRAORDINARY,30th JANUARY, 2017. 1047
(ii) nine (09) members, shall be independent members, having domicile of the
• Capital City District, recommended by the Capital City District Scrutiny
Committee from the following categories:
(a) four (4) retired civil servant in BPS-20 or above including a retired
officer of armed forces of equivalent rank; and
(b) five (5)from civil society including one female.
52. Functions of the Capital City District Public Safety Commission.---(l) The Capital City District
Public Safety Commission shall perform the following functions:
(a) hold quarterly review meetings with the Capital City Police Officer on police
performance and send reports thereof along with recommendations to the
Government, the Provincial Police Officer, the Provincial Public Safety Commission and
the Capital City Police Officer;
(b) approve Annual Policing Plan of the Capital City District;
(c) conduct scientific public feedback surveys through professionals on the police
performance and police image;
(d) identify and report to the Capital City Police Officer social problems that require police
attention;
(e) +mediate contentious issues between police and other Government departments at
the district level;
(f) recommend police resource enhancement measures to the Government or Local
Government, a? the case may be;
(g) recommend creation of a new police station or police post in consultation with Capital
City Police Officer;
) (h) assist the Capital City Police Officer in developing crime control strategies;
(i) enhance public police relations and cooperation;
0) receive public complaints and grievances against the police officers upto the rank of
Assistant or Deputy Superintendent of Police, sift those complaints, conduct
preliminary enquiry and refer such complaints to the Head of District for remedial
actions who shall report the action taken within thirty (30) days to the Commission. In
case the Commission is not satisfied with the action taken by the Head of District, refer
public complaints against police to the concerned Regional Complaints Authority;
(k) forward complaints against the Head of District Police to the Provincial Public Safety
Commission.
(2) The Chairman may nominate a member of Commission to inspect police station to the
extent of illegal confinement of any person who shall record the report in the daily diary.
1048 KHYBER PAKHTIJNKHWA GOVERNMENTGAZETTE,EXTRAORDINARY,30th JANUARY, 2017
(3) At least one member of the Capital City Public Safety Commission shall act as observer
• in procurement, the amount of which is more than five (05) lacs rupees and if the member has any
reservation, he shall bring the same in the notice of Capital City Police Officer and the Provincial Police
Officer.
53. Establishment and composition of the District Public Safety Commission.---(l) Government
shall establish a District Public Safety Commission in each district consisting of thirteen (13) members.
(2) The District Public Safety Commission shall consist of the following members to be
appointed by Government:
(i) four (04) members, to be nominated from amongst the members of District
Council of which two shall be from the treasury benches to be nominated by
the Nazim, District Government and the other two from the opposition benches
to be nominated by the leader of opposition; provided that one member shall
be female; and
(ii) nine (09) members. shall be independent members. recommended by the
District Scrutiny Committee from the following categories:
(a) four (4) retired civil servant in BPS-19 or above or a retired army officer
of equivalent grade; and
(b) five (5)from the civil society including one female.
54. Functions of the District Public Safety Commission.--- The District Public Safety Commission
shall perform such functions in the District as the Capital City Public Safety Commission performs in
Capital City District under section 52.
55. Te.m of a Commission.c-The term of a Commission shall be three (03) years.
56. Appointment of Chairperson and Vice-Chairperson of a Commission.---(l) The Chairpersons
and Vice-Chairpersons of Commissions shall be elected by the members of tile concerned Commission
from amongst themselves for a period of two years and shall not be eligible for a second term.
(2) The Chairperson shall preside over the meetings of the Commission.
(3) In the absence of the Chairperson, the Vice-Chairperson shall preside over a meeting.
57. Selection of independent members.---(l) There shall be three (03) Scrutiny Committees to be
notified by Government for the selection of independent members for each of the Provincial Public
Safety Commission, Capital City Public Safety Commission and District Public Safety Commission.
(2) The Scrutiny Committee for the Provincial Public Safety Commission shall consist of
the Chief Justice of the Peshawar High Court, Chief Commissioner of Ehtesab Commission, and
Chairman Public Service Commission.
KHYBER PAKHlUNKHWA GOVERNMENT GAZmE, EXTRAORDINARY, 30th JANUARY, 2017. 1049
(3) The Scrutiny Committee for a Capital City District Public Safety Commission shall
• consist of a judge of the High Court, duly nominated by the Chief Justice, who shall be its Chairperson,
Nazim, District Government. one civil servant of BPS 21 nominated by Government and one nominee of
Government who shall not be a government servant.
(4) The Scrutiny Committee for the Distnct Public Safety Commission shall consist of
District and Sessions Judge, who shall be its Chairperson. Nazim. District Government. one civil servant
of BPS 20 nominated by Government and one nominee of Government who shall not be a government
servant.
(5) The selection process shall be completed within thirty days from the commencement of
the selection process ..
(6) Independent members shall be of impeccable integrity and proven professional
competence in such fields as social work, law, administration, education. corporate sector, etc.
(7) Government shall direct the Chairperson of the concerned Scrutiny Committee to select
the independent members of the relevant Commission in transparent manner.
(8) The appointment of members shall be notified in the Official Gazette.
(9) Notwithstanding anything contained in this Act, the independent members shall
constitute the concerned Commission when the Provincial Assembly or the District Assembly. as the
case may be, is not in existence.
58. Functions of the Scrutiny Committee.---The Scrutiny Committee shall invite applications or
nominations from the public for selection of independent members. and after interviewing eligible and
willing candidates, recommend the required number of names to Government for their appointments as
independent members of the concerned Commission.
,
59. Selection criteria of independent members.---A person shall be disqualified from becoming a
member of a Commission if he-
(a) is an activist of any political party; or
(b) is found suffering from physical or mental incapacity; or
(c) is declared a bankrupt, loan defaulter or tax evader; or
(d) is not a citizen of Pakistan; or
(e) is not permanent domiciled resident of Khyber Pakhtunkhwa: or
(f) holds an office of profit in the service of Pakistan; or
(g) is in the service of any statutory body or any other body which is owned or
controlled by the Government or in which the Government has a controlling
share or interest; or
1050 KHYBER PAKHlUNKHWA GOVERNMENT GAZETTE, EXTRAORDINARY, 30th JANUARY, 2017
(h) has been dismissed, removed or compulsorily retired from the service of
• Pakistan on grounds of corruption or any other form of misconduct; or
(i) is convicted of a criminal offence; or
U) has any conflict of interest: or
(k) is involved in activities prejudicial to the ideology. interest. security, unity,
solidarity, peace and integrity of Pakistan and its people, and the good order
and harmony of society; or
. (I) has entered into plea bargain or voluntary returns under the National
Accountability Bureau Act. 2002; or
(m) belongs to any proscribed organization; or
(n) has been notified under the Fourth Schedule of the Anti-Terrorism Act. 1997.
60. Terms of members of the Commission.---(l) The term of office of a member of a Commission
shall be three (03) years unless he resigns at any time before the expiry of his term, or ceases to be a
member of the Provincial Assembly or the District Assembly, as the case may be:
Provided that if any vacancy occurs due to the resignation or any other cause. another member
shall be appointed on the said vacancy for the remaining period in accordance with the provisions of
this Act
. (2) No member shall be eligible for a second term.
61. Removal of independent members of the Commission.---Government may remove an
independent member of a Commission from office on its own volition if he-
(a) ceases to be a citizen of Pakistan; or
(b) is found suffering from physical or mental incapacity; or
(c) is guilty of misconduct; or
(d) is found to have dealt with any matter in which he had a conflict of interest; or
(e) is convicted of a criminal offence; or
(f) is declared a bankrupt, loan defaulter or tax evader; or
(g) is involved in activities prejudicial to the ideology, interest, security, unity. solidarity,
peace and integrity of Pakistan and its people, and the good order and harmony of
society; or
(h) has entered into plea bargain or voluntary returns under the National Accountability
Bureau Act, 2002; or
KHYBER PAKHlUNKHWA GOVERNMENT GAZETTE,EXTRAORDINARY,30th JANUARY, 2017. 1051
(i) to any proscribed organization; or
•
U) comes within the Fourth Schedule of the Anti-Terrorism Act, 1997; or
(k) fails to attend its three consecutive meetings without any reasonable cause.
62. Meetings and conduct of business of a Commission.---(l) The business of a Commission shall
be conducted in its meeting.
(2) The meeting may be convened by the Chairperson or on the requisition of one-third of
the members.
(3) Quorum for the meeting of a Commission shall be seven members in case of Provincial
Public Safety Commission and not less than half members in case of Capital City District Public Safety
Commission and District Public Safety Commission.
(4) Members shall attend meetings of a Commission as and when required for which at
least a week's notice, with agenda, shall be given. There shall be a minimum of one meeting in a month,
provided that an emergency meeting may be held at a short notice.
(5) Decisions of the Commission shall be by simple majority.
(6) A Commission may hold public consultations as and when required.
(7) The Provincial Police Officer and heads of prosecution service, prison and probation
departments or their nominees shall attend meetings of the Provincial Public Safety Commission as
non-voting members, when invited.
(8) Head of District Police and in his absence, the next senior officer may be invited to
attend a meeting of a Commission
, which he shall attend.
(9) A Commission may invite any expert for consultations on specific issues.
(10) A Commission, with the approval of Government, may frame regulations for the
conduct of its business.
63. Secretariat of the Provincial Public Safety Commission.---(l) Government shall establish a
permanent secretariat of the Provincial Public Safety Commission independent of police establishment.
(2) The Secretariat shall be headed by a person who shall be appointed by the Commission
on contract basis on the recommendation of the concerned Scrutiny Committee for a period of three
years and in the performance of his functions he shall be responsible to the Chairperson Provincial
Public Safety Commission.
(3) The Secretariat shall consist of such number of officers and staff as Government may in
consultation with the Provincial Public Safety Commission determine from time to time.
(4) The organization of the Secretariat and functions of officers and staff shall be such as
may be determined by the Commission with the prior approval of Government.
1052 KHYBER PAKHlUNKHWA GOVERNMENT GAZETTE,EXTRAORDINARY, 30th JANUARY, 2017
64. Secretariat of the Capital City District Public Safety Commission.---(l) The Government shall
• establish a permanent secretariat of the Capital City District Public Safety Commission having its office
in the District Assembly of the Capital City District.
(2) The Secretariat shall be headed by a person who shall be appointed by the Commission
on contract basis on the recommendation of the concerned Scrutiny Committee for a period of three
years and in the performance of his functions he shall be responsible to the Chairperson Capital City
District Public Safety Commission.
(3) The Secretariat shall consist of such number of officers and staff as Government may in
consultation with the Provincial Public Safety Commission determine from time to time.
(4) The organization of the Secretariat and functions of officers and staff shall be such as
may be determined by the Commission with the prior approval of Government.
65. Secretariat of the District Public Safety Commission.---(l) Government shall establish a
permanent secretariat of the District Public Safety Commission in the District Assembly Complex of the
concerned District.
(2) The Secretariat shall be headed by a person who shall be appointed by the Commission
on contract basis on the recommendation of the concerned Scrutiny Committee for a period of three
years and in the performance of his functions he shall be responsible to the Chairperson District Public
Safety Commission.
(3) The Secretariat shall consist of such number of officers and staff as Government may in
consultation with the Provincial Public Safety Commission determine from time to time.
(4) The organization of the Secretariat and functions of officers and staff shall be such as
may be determined by the Commission with the prior approval of Government.
CHAPTER-VI
ESTABLISHMENT OF REGIONAL POLICE COMPLAINT AUTHORITIES
66. Establishment of Regional Police Complaint Authorities.---Government shall establish Regional
Police Complaint Authorities on regional basis for enquiring into complaints of police excesses, other
)
than relating to investigations, against all Police officials upto the rank of Assistant Superintendent of
Police or Deputy Superintendent of Police.
67. Composition.---(l) Each Regional Police Complaint Authority shall consist of three
members including the Chairman.
(2) The members shall be appointed by Government on the recommendations of Scrutiny
Committee in the following manner:
(i) a retired civil servant of Grade 210r above;
(ii) a retired Judge of BPS-21 or above; and
(iii) any professional from private sector having Master Degree and twenty (20)
years administrative and management experience:
KHYBERPAKHlUNKHWA GOVERNMENTGAZETTE,EXTRAORDINARY,30th JANUARY, 2017. 1053
Provided that in a region. where no retired civil servant or judge of 8S-21 or
• above of relevant experience is available, the Scrutiny Committee may invite
applications from retired civil servants or judges of 8S 20:
Provided further that as per requirements, the number of members shall be
increased by Government on the recommendation of the Provincial Public Safety
Commission and the principle maintained in the categories mentioned above be
adhered to as far as possible.
(3) The Scrutiny Committee shall consist of the Chief Commissioner of Ehtesab
Commission, Chairman Public Service Commission and a Judge of the High Court nominated by the
Chief Justice of the Peshawar High Court and shall select candidates in the manner as provided for the
selection of members of the various Commissions established under this Act.
(4) The Chairman shall be elected by the member of the Regional Police Complaint
Authority from amongst themselves.
(5) The members shall be appointed for a period of three (03) years unless he resigns at
any time before expiry of his tenure.
(6) No member shall be eligible for a second term.
(7) The Chairman shall preside over the meetings of the Regional Police Complaint
Authority.
(8) The selection process shall be completed within thirty days from the commencement of
the selection process.
(9) The members shall be of impeccable integrity and proven professional competence in
their relevant fields.
(10) The appointment of members shall be notified in the official Gazette.
68. Emoluments.---The Chairman and the members of the Regional Police Complaints Authority
) shall be entitled to such emoluments as Government may determine.
69. Functions of the Regional Police Complaints Authority.---The Regional Police Complaints
Authority shall-
(a) receive from any aggrieved person in writing on an affidavit, or from the Chief Minister,
Provincial Public Safety Commission, Provincial Police Officer or District Public Safety
Commission complaint of police excesses and to process it in accordance with section
70;
(b) receive reference of police excesses from District Police Officer, Regional Police Officer
and Provincial Police Officer, conduct enquiry in a manner prescribed in sub-section (2)
of section 70; provided that District Police Officer and Regional Police Officer may send
such reference only to the concerned Regional Complaints Authority while Provincial
Police Officer may send it to any Regional Complaints Authority;
1054 KHYBER PAKHTUNKHWA GOVERNMENT GAZETTE, EXTRAORDINARY, 30th JANUARY, 2017
(c) inform the complainant of the outcome of the enquiry conducted under section 70, in
•
writing within a period of 30 days;
(d) in case of any frivolous, or vexatious complaint, initiate legal action against the
complainant;
(e) may recommend to Provincial Public Safety Commission disciplinary action against
any member of the Regional Complaint Authority for willful neglect or mishandling of
an enquiry conducted under section 70; and
(f) prepare and send to Government the Provincial Public Safety Commission and
Provincial Police Officer an annual report on matters relating to its activities.
70. Procedure and inquiry.---(1) When a complaint is received in the office of Regional Police
Complaint Authority, the Chairman shall refer the complaint to the concerned Head of District Police or
Head of Unit for inquiry and taking action and report back within twenty one (21)days to Regional Police
Complaint Authority.
(2) If the Chairman is not satisfied with the report of Head of District Police or Head of Unit.
as the case may be, or on a reference under clause (b) of section 69. shall conduct an inquiry through a
Committee comprising one member of the Authority and one police officer not below the rank of
Superintendent of Police, nominated by the concerned Regional Police Officer or Provincial Police
Officer, as the case may be; provided that an opportunity of personal hearing shall be given to the police
officer against whom the complaint has been lodged. In case there is a difference of opinion between
the police officer and the member of the Authority, the matter shall be referred to the Chairman whose
decision shall be final.
(3) Subject to sub-sections (1) and (2), the Chairman shall send a copy of the report to the
Competent Authority for taking appropriate action and the Competent Authority shall take action within
a period of twenty-one (21) -days and submit a report about the action taken on the findings of the
inquiry. The aggrieved person shall have right of appeal to the Competent Authority as provided in the
relevant Efficiency and Disciplinary Rules of Police.
71. Secretariat---(1) Government shall establish a permanent secretariat of the Regional Police
)
Complaint Authority at Capital City District and regional headquarters, as the case may be.
(2) The Secretariat shall be headed by a person who shall be appointed by the Authority on
contract basis on the recommendation of the concerned Scrutiny Committee for a period of three years
and in the performance of his functions he shall be responsible to the Chairperson Regional Complaints
Authority.
(3) The Secretariat shall consist of such number of officers and staff as Government may in
consultation with Authority determine from time to time.
(4) The organization of the Secretariat and functions of officers and staff shall be such as
may be determined by the Authority with the prior approval of Government
72. Qualification and removal of the members.---The qualification of members and procedure of
the removal of the Chairman and members of the Regional Police Complaints Authority shall be same
as for the members of the Provincial Public Safety Commission.
KHYBERPAKHlUNKHWA GOVERNMENTGAZETTE,EXTRAORDINARY,30th JANUARY,2017. 1055
73. Dispute Resolution Council.---The Provincial Police Officer for out of Court amicable settlement
of petty nature cases, may constitute, Dispute Resolution Councils at District, Sub-Division or Police
• Station level, which shall consist of such number of members and shall conduct its business in such a
manner as may be prescribed:
Provided that the Dispute Resolution Councils already constituted by the Provincial Police
Officer shall be deemed to have been validly constituted and all the actions taken, decisions made or
order passed by such Dispute Resolution Councils shall be deemed to have been validly taken, made or
passed under this Act.
Explanation: For the purpose of this section, petty nature case means and includes a small,
minor, of less or inconsiderable importance and affected amity in the society or any cause leading
towards provocation which may lead to a criminal offence.
74. Establishment of Criminal Justice Coordination Committee and its composition.---(l) There
shall be a Criminal Justice Coordination Committee in each District of the Province.
(2) The Criminal Justice Coordination Committee shall consist of-
(a) District and Sessions Judge (Chairperson)
(b) Head of District Police
(c) District Public Prosecutor
(d) District SuperintendentJail
(e) District Probation Officer
(f) District Parole Officer
(g) Head of Investigation (Secretary)
75. Functions of the Criminal Justice Coordination Comm"ittee.---The Criminal Justice Coordination
Committee shall-
(a) keep under review the operation of the criminal justice system and work
towards the improvement of the system as a whole;
(b) promote understanding, co-operation and coordination in the administration
of the criminal justice system;
(c) exchange information and give advance notice of local developments, which
may affect other parts of the system;
(d) formulate coordinated priorities and plans to give effect to locally agreed
policies;
(e) raise relevant issues with the appropriate authorities;
(f) promote the spread of good practices; and
(g) review the implementation of any decisions taken by the Criminal Justice
Coordination Committee.
76. Meetings of the Committee.---The meeting of the Criminal Justice Coordination Committee
shall beheld at least once a month. The secretary of the committee shall record the minutes of the
meetings.
1056 KHYBERPAKHTUNKHWAGOVERNMENTGAZETTE,EXTRAORDINARY,30th JANUARY,2017
CHAPTER-IX
REGULATION,CONlROlAND DISCIPLINE OF POLICE
•
77. Punishments and inquiries.---(l) Notwithstanding anything contained in any other law for the
time being in force, the police shall have its separate disciplinary rules to regulate, control and
discipline in the manner prescribed.
(2) Subject to the rules, a member of the police may at any time be suspended, dismissed,
compulsorily retired, reduced in rank or pay, within a time scale, fined, censured or awarded any other
punishment in the prescribed manner.
(3) Any inquiry conducted against a police officer or official under this Act by the Provincial
Public Safety Commission or Regional Police Complaints Authority or any of its Committee, shall be
deemed to be an inquiry conducted and action taken by the relevant Competent Authority under the
relevant efficiency and disciplinary rules.
78. Code of Conduct.---(l) Provincial Police Officer shall issue Code of Conduct to regulate police
practices in respect of-
(a) the exercise by police officers of statutory powers of stop and search;
(b) the searching of premises by police officers and the seizure of property found
by police officers on persons or premises;
(c) the detention, treatment and questioning of persons by police officers;
(d) the identification of persons by police officers; and
(e) any other matter relating to police operations .
. (2) Subject to rules, a police officer contravening the Code of Conduct may be awarded
one or more punishments provided under sub-section (2) of section 77 of this Act.
79. Police officer at any time liable to be called for duty.---A police officer when off-duty, on leave or
under suspension shall be liable to be called for duty.
80. Withdrawal from duty and resignation, etc.---(l) No Police officer shall withdraw from the duties
of his office unless expressly allowed to do so in writing by Head of district 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.
81. Police officer not to engage in any other employment---No police officer shall engage in any
private employment while he is a member of the police establishment.
r
KHYBER PAKHTUNKHWA GOVERNMENT GAZETTE, EXTRAORDINARY, 30th JANUARY, 2017. 1057
CHAPTER-VII
• POWERS TO ISSUE ORDERS
82. Power to issue orders.---The Head of District Police may, in an emergency, for the maintenance
of public order or preventing public nuisance, issue orders to give effect to the provisions of any
Municipal law, rules or bye-laws for the time being in force.
83. Power to give direction to the public.---Subject to rules, a police officer not below the rank of a
Sub-Inspector 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; and
(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.
84. Regulation of public assemblies and processions and licensing of the same.---(l) The Head of
District Police or Assistant or Deputy Superintendent of Police may as occasion require, 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 his judgment, 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 be
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.
85. Powers with regard to assemblies and processions violating the conditions of Iicense.---(l) The
Head of District Police or Assistant or Deputy Superintendent of Police or Inspector of police or a
Station House Officer of a police station may stop any procession which violates the conditions of a
licence granted under section 840f this Act, and may order it or any assembly which violates any such
conditions as aforesaid to disperse.
1058 KHYBER PAKHlUNKHWA GOVERNMENT GAZETTE,EXTRAORDINARY, 30th JANUARY, 2017
(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.
86. Power to prohibit certain acts for prevention of disorder.---(1) Head of District Police may,
whenever and for such time as he may consider necessary but not exceeding two days by notification
publicly promulgated or addressed to individuals prohibit in any urban or rural area, the carrying of
arms, cudgels, swords, spears, bludgeons, guns, knives, sticks, lathes or any other article, which is
capable of being used for causing physical violence and the carrying of any corrosive substance or
explosives, the carrying, collection or preparation of stones or other missiles or instruments of means of
casting or impelling missiles.
(2) If any person goes armed with any article as is referred to in of sub-section(1), such
article shall be liable to be seized from him by a police officer.
87. 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, 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, 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) Police officer while on duty 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.
88. Erecting of barriers in streets, etc.---Any police officer may, for a period not acceding one
month, temporarily close or regulate any street or public place through erection of barriers or other
means, to prohibit persons or vehicles from entering such area for security reasons:
Provided that the period may be extended with the approval of Government.
89. 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 Station House Officer
of the police station for informing the court for proceeding according to law against the person.
CHAPTER-VIII
SPECIAL MEASURES FOR MAINTENANCE OF PUBLIC ORDER AND SECURITY
90. Employment of additional police to keep peace.---(l) Head of District Police subject to
approval of Provincial Police Officer may on application of any person 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.
KHYBERPAKHlUNKHWA GOVERNMENTGAZETTI, EXTRAORDINARY,30th JANUARY,2017. 1059
(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, Head of District Police on an application by the
aggrieved party may refer the matter to Government through Provincial Police Officer for final decision.
91. Employment of additional police at the cost of organizers, etc.---(1)Whenever it appears to
Head of District 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 behavior or a reasonable apprehension of the behavior 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 staid 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
Government from time to time.
92. Compensation for injury caused by unlawful assembly.---When any loss or damage is caused to
any property or when death qr grievous hurt is caused to any person or persons, by anything done in
furtherance of the common object of an unlawful assembly, the trial court may determine the amount of
compensation which, in its opinion should be paid by members of the unlawful assembly to any person
or persons in respect of the loss or damage or death or grievous hurt caused.
93. Recovery of amount payable under sections 90 and 91.---Any amount payable under section
90 and section 91 shall be recovered in the same manner as if it were arrears of land revenue.
94. Recovered amount to go to treasury.---Amounts payable under section 90 and section 91 shall
be credited to the treasury.
95. Banning of use of dress resembling uniform of police or armed forces.---(1} If Provincial Police
Officer or the Head of District 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.
1060 KHYBER PAKHlUNKHWA GOVERNMENT GAZETTE,EXTRAORDINARY, 30th JANUARY, 2017
(3) No person shall sell or offer to sell or supply police uniform or articles without obtaining
• prior sanction from Central Police Office.
Explanation: For the purpose of sub-section (1), a dress OJ 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.
96. Control of camps, parades, etc.---If Head of District Police is satisfied that it is necessary in the
interest of maintenance of public order, he may by a special order prohibit or restrict throughout the
district or any part thereof all meetings and assemblies of persons for the purpose of training in the use
of arms or taking part in any such camp, parade or procession.
97. Authority of Head of District Police over the village police.---Head of District Police shall for the
purpose of carrying this Act into effect, exercise authority and control over village watchmen or village
police officers.
CHAPTER-IX
RESPONSIBILITIES OF POLICE IN RELATION TO UNCLAIMED PROPERTY
98. Police to make inventory 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 Head of District Police without delay, who shall send a copy of the same to
District Public Safety Commission.
99. Procedure for disposal of unclaimed property.---(l) Where any property has been taken charge
of under section 98, Head of District Police shall issue a proclamation within fifteen days in the
prescribed manner specifying the Sections of which such property consists and requiring that any
person who may have a claim thereto shall appear before him or some other officer not below the rank
of Assistant Superintendent of Police or Deputy Superintendent of Police especially authorized in this
behalf and establish his claim within three 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 disposed off in
the prescribed manner under the orders of Head of District Police and the net proceeds of such sale
shall be dealt with in the manlier provided in sections 100 and 101 of this Act.
(3) Where any person who has a claim to the property is required by the proclamation
under clause (1) to appear before an officer authorized by the Head of District Police and establish his
claim, such officer shall forward the record of the proceedings to the Head of District Police.
(4) Head of District Police shall follow the directions of the District Public Safety
Commission in disposal of property under sub-section (3).
100. Delivery of property to person entitled.---(l) Head of District Police 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 section 99 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
referred by the Head of District Police to the competent court.
r
KHYBERPAKHTUNKHWAGOVERNMENTGAZETTE,EXTRAORDINARY,30th JANUARY,2017. 1061
101. 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 99 shall, with the approval of appropriate Public
Safety Commission, be disposed off in the prescribed manner and the proceeds shall be deposited in
the treasury.
CHAPTER-X
OFFENCESAND PUNISHMENTS
102. Causing mischief in street by animal or vehicle.---No person shall cause damage, injury,
danger, alarm or mischief in any street or public place by negligent or reckless driving or by driving any
vehicle or animal iaden with timber, poles or other unwieldy articles through a street or public place
contrary to any regulation.
103. Causing obstruction in a streel---No person shall cause obstruction in any street or public
place-
(a) by allowing any animal or vehicle, which has to be loaded or unloaded, or take
4P or set down passengers, to remain or stand in the street or the public place
longer than may be necessary for such purpose; or
(b) by leaving any vehicle standing or fastening any cattle in the street or the
public place; or
(c) by using any part of a street or public place as a halting place for vehicles or
cattle; or
(d) by causing obstruction in any other manner.
104. Willful or negligent conduct in respect of dogs.---No person shall in any street or public place -
(a) let loose any dog willfully or negligently so as to cause danger, injury, alarm or
annoyance; or
(b) suffer a ferocious dog to be at large without a muzzle; or
(c) set on a dog to attack any person or horse or other animal.
105. Penalty for offences under sections 102 to 104.---Any person who contravenes any of the
provisions of sections 102 to 104shall, on conviction, be punished with fine, which may extend to ten
thousand rupees, or, in default of payment, with imprisonment for a term not exceeding thirty days.
106. Suffering disorderly conducl---Whoever being the keeper of any place of public amusement or
public entertainment, knowingly permits or suffers disorderly behavior or any gambling or any other
criminal act, whatsoever, in such place, shall, on conviction be punished with fine which may extend to
ten thousand rupees.
107. Penalty for contravening orders, etc. under section 82.---Whoever contravenes or abets the
contravention of any order made under section 82 or any of the condition of the license issued under
such regulations shall on conviction be fined up to ten thousand rupees.
1062 KHYBERPAKHlUNKHWA GOVERNMENTGAZETTE,EXTRAORDINARY,30th JANUARY,2017
108. Penalties for contravention of order, etc. under section 83and sections 86 and 87.---(1)
Whoever contravenes, disobeys, opposes or fails to conform to any order given by a police officer under
•
section 83 and section 87shall, on conviction. be punished with fine, which may extend to ten thousand
rupees.
(2) Whoever contravenes a notification or an order made under sub-section (1) of section
86 shall be punished with imprisonment for a term which shall not be less than three months but may
extend to two years and with fine up to one hundred thousand rupees.
109. Penalty for contravention of orders under sections 95 and 96.---Whoever contravenes any order
made under section 95 and section 96shall, on conviction, be punished with imprisonment for a term,
which may extend to three or with fine up to one hundred thousand rupees, or with both.
110. Penalty for obtaining employment as a police officer through fraudulent means.---Any person
who makes a false statement or a statement which is misleading in material particulars or uses a false
document for the purpose of obtaining employment as a police officer shall on conviction be punished
with imprisonment for a term which may extend to one year, or with fine up to fifty thousand rupees, or
with both.
111. Warning to first offender.---It shall -be lawful for Head of District Police or any other officer
authorized by him not below the rank of Inspector, to request the relevant court to issue in lieu of
prosecution, a warning in writing to the accused in relation to first commission of any offence
mentioned in sections 102 to 104:
Provided that for any subsequent offence mentioned in this section the offender on conviction
will be awarded at least half of the prescribed punishment.
112. Defiling water in public wells, etc.---Whoever shall defile or cause to be defiled water in any
public well, tank, reservoir, pond, pool, aqueduct or part of a river, stream, nullah or other source or
means of water supply, so as to render the same unfit for the purpose for which it is set apart, shall on
conviction be punished with imprisonment for a term which may extend to six months or with fine which
may extend to thirty thousand rupees, or with both.
113. False alarm to police, fire brigade, 1122 or other emergency services etc.---Whoever knowingly
gives or causes to be given a false alarm or call to police, fire brigade or any other emergency services or
to any officer thereof shall orr conviction be punished with imprisonment for a term which may extend to
three months or with fine which may extend to fifteen thousand rupees, or with both.
114. Penalty for contravention of orders made under section88.---Whoever contravenes, or abets the
contravention of any order made under section 88 shall on conviction, be punished with imprisonment
which may extend to three months, or with fine which may extend to ten thousand rupees or with both.
115. Penalty for unauthorized use of police uniform.---If any person not being a member of the police
wears without authorization, the uniform of police or any dress having the appearance or bearing any of
the distinctive marks of police uniform, or contravenes the provisions of section 95, he shall. on
conviction, be punished with imprisonment for a term which may extend to three years, or with fine up to
one hundred thousand rupees, or with both.
116. Certain offences to be cognizable.---The offences falling under sections 112 to 115 shall be
cognizable.
KHYBER PAKHTUNKHWA GOVERNMENT GAZETTE,EXTRAORDINARY, 30th JANUARY, 2017. 1063
117. Power to try offences summarily.---The court trying offences under this chapter shall have power
. -
to try such offences summarily in accordance with the procedure laid down for summary trial in the
Code.
CHAPTER-XI
OFFENCES BY AND PUNISHMENTS FOR POLICE OFACERS
118.. Penalty for certain types of misconduct by police officers.---(l) 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, 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.
(2) Criminal proceedings under this section shall be initiated after approval is accorded in
writing by Head of District Police, head of unit, Regional Police Officer or Provincial Police Officer, as the
case may be.
119. 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;
1064 KHYBER PAKHTUNKHWA GOVERNMENT GAZETTE,EXTRAORDINARY, 30th JANUARY, 2017
shall, for every such offence, on conviction, be punished with imprisonment for a term which
• may extend to five years and with fine.
120. 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.
CHAPTER-XII
MISCELLANEOUS
121. Provision of advice and assistance to International Organizations etc.---The Police may provide
advice and assistance to an International Organization or to any other person or body engaged in
investigation of criminal cases outside Pakistan with the permission of the Federal Government.
122. Constitution of Promotion Boards etc.---Subject to rules, promotion of police officers of the
provincial police shall be made on the recommendations of the Departmental Promotion Committees or
Promotion Boards:
Provided that the departmental promotion committees/promotion boards shall be headed by
an officers not below the rank of-
(a) Superintendent of Police for promotion to the rank of Head Constable;
(b) Senior Superintendent of Police for promotion to the rank of Assistant Sub-
Inspector and Sub-Inspector;
(c) Deputy Inspector General of Police for promotion to the rank of Inspector;
(d) Additional Inspector General of Police for promotion to the rank of Deputy
Superintendent of Police; and
(e) Inspector General for promcition to the rank of Superintendent of Police.
.
) 123. Maintenance of Daily Diary at a police station.---(l) 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 and Sessions Judge of the District may call for and inspect such Diary.
124. Public Safety Fund.---(l)Government may, by notification in the official Gazette, constitute
Public Safety Fund at the Provincial and District levels consisting of-
(a) grants made by the Federal Government, Government and the District
Governments to the Police; and
KHYBER PAKHTUNKHWA GOVERNMENT GAZETTE,EXTRAORDINARY,30th JANUARY, 2017. 1065
(b) contributions voluntarily made in cash or kind by the public for the
• improvement of police service delivery to be credited to District Public Safety
Fund.
(2) Government may credit one-half of the sums of the traffic fines to the Provincial Public
Safety Fund.
(3) All receipts mentioned in sub-clauses (a) and (b) of sub-section (1) and sub-section (2)
may be credited to the Provincial or District Public Safety Fund as the case may be under a Head of
Account in the Public Account duly authorized by the Controller General of Accounts.
(4) The Fund shall be non-Iapsable.
(5) Accounts shall be kept of payment made into or out of this fund, which shall be audited
by the Auditor General at the end of each financial year.
(6) The Public Safety Fund at Provincial level shall be operated by the Provincial Public
Safety Commission and at the District level by the District Public Safety Commission and by the City
District Public Safety Commission, as the case may be, subject to any rules made under this Act.
(7) The Public Safety Fund shall be applied for the purpose of-
(a) improving facilities for public and service delivery at police stations;
(b) improving traffic police; and
(c) rewarding police officers for good performance.
125. Officers holding charge of or succeeding to vacancies competent to exercise powers.---
Wherever in consequence of the office of Head of District Police becoming vacant. any officer who holds
charge of such post or succeeds either temporarily or permanently to his office under the orders of the
competent appointing authority, such officer shall be competent to exercise all the powers and perform
all the duties respectively conferred and imposed by this Act on the Head of District Police.
126. No police officer to be liable to any penalty or payment of damages on account of acts done in
good faith in pursuance of duty.---No police officer shall be liable to any penalty or to payment of
damages on account of an act done in good faith in pursuance or intended pursuance of any duty
imposed or any authority conferred on him by any provision of this Act or any other law for the time being
in force or any rule, order or direction made or given therein.
127. Suits or prosecutions in respect of acts done under color of duty not to be entertained if not
instituted within the prescribed period.---In case of an alleged offence by a police officer, or a wrong
alleged to have been done by him or by any act done under color of duty or in exercise of any such duty
or authority of this Act or when it shall appear to the Court that the offence or wrong if Committed or
done was of the character aforesaid, the prosecution or suit shall not be entertained, or shall be
dismissed, if instituted after more than one year from the date of the action complained of.
128. Notice of suit to be given with sufficient description of wrong complained of.---(l) In the case of
an intended suit on account of an alleged wrong referred to in section 127 by a police officer. the
person intending to sue shall give two month's notice as prescribed in section 80 of Civil Procedure
Code 1908, of the intended suit with sufficient description of the wrong complained of.
1066 KHYBER PAKHTUNKHWA GOVERNMENT GAZEllE, EXTRAORDlNARY, 30th JANUARY, 2017
(2) The provisions of section 80 of the Civil Procedure Code, 1908, shall mutatis mutandis
apply to the notice referred to in sub-section (1) .
•
129. licenses and written permissions to specify conditions, etc.---Any licence or written permission
granted under the provisions of this Act shall specify the period, locality, conditions and restrictions
subject to which the same is granted and shall be given under the signature of the competent authority.
130. Revocation of licence or permission.---Any licence or written permission granted under this Act
may at any time be suspended or revoked by the competent authority after due notice if any of its
conditions, or restrictions is infringed or evaded by the person to whom it has been granted. or if such
person is convicted of any offence in any matter to which such licence or permission relates.
131. When licence or pennission is revoked, the grantee would be deemed to be without licence.---
When any such licence or written permission is suspended or revoked, or when the period for which the
same was granted has expired, the person to whom the same was granted shall, for all purposes of this
Act, deemed to be without a licence or written permission, until the order for suspending or revoking the
same is cancelled, or until the same is renewed, as the case may be.
132. Grantee to produce licence and written permission when required.---Every person to whom any
such licence or written permission has been granted, shall, while the same remains in force, at all
reasonable time, produce the same if so required by a police officer.
133. Public notices how to be given.---Any public notice required to be given under any of the
provisions of this Act shall be in writing under the signature of a competent authority and shall be
published in the locality to be affected thereby, by affixing copies thereof in conspicuous public places,
or by proclaiming the same with beat of drums, or by advertising the same in local newspapers in
regional languages and English or Urdu, as the said authority may deem fit, or by electronic media, or by
any two or more of these means and by any other means it may think suitable.
134. Consent of competent authority how to be proved.---Whenever under this Act, the doing or the
omitting to do anything or the -validity of anything depends upon the consent, approval, declaration,
opinion or satisfaction of a competent authority, a written document signed by the competent authority
purporting to conveyor set forth such consent, approval, declaration, opinion or satisfaction shall be
evidence thereof.
135. Signature on notices-may be stamped.---Every licence, written permission, notice or other
document, not being a summons or warrant or search warrant, required by this Act or by any rule
hereunder, to bear the stamp and the signature of Head of District Police and it shall be deemed to be
properly signed if it is a facsimile of the document bearing his signature.
136. Persons interested may apply to annul, reverse or alter any rule or order.---In the case of any
rule or order made under an authority conferred by this Act and requiring the public or a particular class
of persons to perform some duty or act, or to conduct or order themselves or those under their control in
a manner therein described, it shall be competent for any interested person to apply to the authority
issuing such rule or order to annul, reverse or alter the rule or order aforesaid on the ground of its being
unlawful. oppressive or unreasonable Provided that the government shall exercise jurisdiction for
revision against such orders.
KHYBERPAKHlUNKHWA GOVERNMENTGAZETTE,EXTRAORDINARY,30th JANUARY, 2017. 1067
137. Notification of rules and regulations in the official Gazette.---AII rules and regulations made
• under this Act shall be made by notification in the official Gazette.
138. 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.
139. Overriding effecl---The provisions of this Act shall have an overriding effect, notwithstanding
anything contained in any other law, on the subject, for the time being in force.
140. Rule making by Provincial Police Officer.---Provincial Police Officer with the approval of
Government, may by notification in the official gazette make rules for carrying into effect the provisions
of this Act.
141. Repeal and savings.---(1) All the provisions of the Police Order, 2002 (Chie'f Executive Order No.
22 of 2002), relating to the Provincial Legislative Field and in respect of which corresponding provisions
are provided in this Act, in its application to the KhyberPakhtunkhwa are hereby repealed.
(2) Notwithstanding the repeal of the respective provisions as mentioned in sub-section
(1), all the provisions of the Police Order, 2002, relating to Federal Legislative Field shall continue to
remain in force.
(3) Notwithstanding the repeal of the respective provisions in the Police Order, 2002
(Chief Executive Order No. 22 of 2002) (hereinafter referred to as the repealed Order), the Police rules
made under the Police Act, 1861 (V of 1861) shall continue to remain in force until altered, repealed or
amended by the appropriate Authority.
(4) 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 bailor bond, search warrants issued, bond forfeited, penalty incurred
under the repealed 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 and all references made to the repealed Order or the Police Act, 1861,
in any law or instrument shall be construed as references to the corresponding provisions of this Act.
(5) Notwithstanding the aforesaid repeal, the repeal shall not-
(a) affect the validity, invalidity, effect or consequence of anything duly done or
suffered under the repealed Order;
(b) affect any rlghtprivilege, obligation or liability acquired, accrued or incurred
under the repealed Order;
(c) affect any penalty, forfeiture or punishment incurred or inflicted in respect of
any act or offence committed against the repealed 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 repealed Order has not been repealed;
and
1068 KHYBERPAKHlUNKHWA GOVERNMENTGAZETTE,EXTRAORDINARY,30th JANUARY,2017
(e) affect any proceeding pending in any court or before any authority under the
repealed 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
repealed Order had not been repealed.
142. Existing police deemed to be constituted under this Act.---Without prejudice to the provisions
contained in section 141, the Police functioning in the Province immediately before the
commencement of this Act shall on such commencement be deemed to be Police constituted under this
Act.
143. Appointment of Implementation Commissioner ....Soon after the commencement of this Act,
Government shall appoint a person as Implementation Commissioner having expertise in Policing on
contract for a period of one year duly assisted by the representatives of Home. Finance and Police
Departments for ensuring the establishment of various bodies under this Act within a period of one year.
144. Repeal.---The Khyber Pakhtunkhwa Police Ordinance, 2016 (Khyber Pakhtunkhwa Ord. No. XI
of 2016) is hereby repealed.
KHYBER PAKHTIJNKHWA GOVERNMENT GAZETTE,EXTRAORDINARY, 30th JANUARY, 2017. 1069
FIRST SCHEDULE
(Section 38)
•
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.
SECOND SCHEDULE
(Section 39)
CERTIFICATE OF APPOINTMENTSEAL
No. _
Certificate of appointment issued under section ofthe Khyber Pakhtunkhwa Police Act, 2017,
Mr. has been appointed . and is invested with the powers, functions
and privileges of a Police officer under section of Khyber Pakhtunkhwa Police Act,
2017, in the Province of Khyber Pakhtunkhwa under the charge of Provincial Police Officer,
_____ on this day of _
Signature _
Designation _
BY ORDER OF MR. SPEAKER
PROVINCIAL ASSEMBLY OF KHYBER PAKHllJNKHWA
( AMANULLAH )
Secretary
Provincial Assembly of Khyber Pakhtunkhwa
Printed and published by the Manager,
Slaty. & PIg. Deptt, Khyber Pakhtunkhwa. Peshawar
Source: Pakistan Code, Ministry of Law and Justice (pakistancode.gov.pk). Text on this page is reproduced verbatim from the official PDF and is provided for reference only. For the authoritative version, always consult the source document or a current reported edition.
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