WHEREAS, it is expedient to provide for the constitution of a special agency for the investigation of certain offences relating to corruption   by public servants and for holding preliminary inquiries against such   servants in West Pakistan;

Preamble.

            NOW, THEREFORE, in pursuance of the Presidential Procla­mation of the seventh day of October, 1958,and having received the previous instructions of the President, the Governor of the West Pakistan is pleased, in exercise of all powers enabling him in that behalf, to make and promulgate the following Ordinance: —

1.               (1) This Ordinance may be called the West Pakistan Anti-Corruption Establishment Ordinance, 1961.

           (2) It    extends to the whole of the [1][Province of Khyber Pakhtunkhwa   except the Tribal Areas.]

Short title and extent.

2.         In   this Ordinance, unless the context   otherwise     requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say—

(i)                 "Establishment"   means the Anti-Corruption   Establish­ment constituted under section 3;

(ii)               "Director" means the Director of the Anti-Corruption Establishment appointed under section 4.

(iii)             "Government" means the Government of  [2][Khyber Pakhtunkhwa] ;

(iv)             "public servant"   means a public servant as defined in section 21 of the Pakistan Penal Code;  and

(v)               " Schedule" means the Schedule appended to this Ord­inance.

Definitions.

3.        (1) Notwithstanding anything contained in any other law for the time being in force, Government may constitute [3] an establishment to be known as the Anti-Corruption Establishment, for the investigation of Offences   set    forth   in   the   Schedule,  and  for holding preliminary inquiries for determining whether such offence shall be  investigated or departmental inquiries into the conduct of any public servant concerned in such offences shall be held:

Constitution and power of the Anti-Corruption Establishment.

           Provided that nothing contained in this Ordinance shall affect the provisions of sub-section (2) of section 2 of the Pakistan Special Police Establishment Ordinance, 1948.

           (2) The Establishment shall consist of a Director and such number of officers and members as may be determined by Government.

           (3) Subject to the provisions of section 4, the pay and other conditions of service of the Director, officers and members of the Establishment shall be such as may be determined by Government.

            [4][(4) Subject to any orders or rules which Government may make in this behalf, the Director, officers and members of the estab­lishment shall, for the purpose of any preliminary enquiry or investi­gation under this Ordinance have throughout the Province of West Pakistan all the powers of search, arrest of persons and seizure of property and all other powers, duties, privileges and liabilities which a Police Officer has or is subject to in connectionwith the investi­gation of offences under the Code of Criminal Procedure, 1898.)

           (5) Subject to any orders of Government in this behalf, any officer of the Establishment of or above the rank of a Sub-Inspector may, in relation to the offences mentioned in the Schedule, exercise any of the powers of the officer in charge of a police station within the meaning of clause (p) of sub-section (1) of section 4 of the Code of Criminal Procedure 1898, in the area in which he is for the time being posted, and when so exercising such powers shall be deemed to be an officer in charge; of a police station discharging the functions of such an officer within the limits of his station.

4.        (1) Government shall appoint a person   to   discharge   the  functions and perform the duties of Director under this Ordinance.

           (2) Subject to such orders as Government may make, the superintendence and general control of the Establishment shall vest in the Director.

           (3) The Director shall exercise, in respect of officers and men belonging to the Police Force and serving in the Establishment, all the powers exercisable by an Inspector-General of Police in respect of the Police Force in the Province.

Superintendence and general control.

5.        No suit or legal proceedings shall lie against Government or the Director, or any other officer or member of the Anti-Corruption Establishment in respect of anything in good faith done or intended to be done under this Ordinance.

Bar to legal proceedings.

6.        (1) Government may make rules for carrying out the pur­poses of this Ordinance.

            (2) In particular and without prejudice to the- generality of the foregoing power such rules may provide for the organization of the Establishment and for prescribing the authorities with whose permission investigation of any case or class of cases may be commen­ced or any person may be arrested.

Power to make rules.

8.        The provisions of this Ordinance are in addition to and not in derogation of any other law for the time being in force.

Provisions not in derogation of any other law.