EXTRAORDINARY Registered No. M324 The Sindh Government Gazette Published by Authority KARACHI WEDNESDAY JUNE 26, 2019 PART-IV PROVINCIAL ASSEMBLY OF SINDH NOTIFICATION KARACHI, THE 26 JUNE, 2019 NO.PAS/LEGIS-B-13/2019-The Hrovincial Assembly of Sindh in its sitting heid on 18 May, 2019 passed the Sindh (Repeal of the Police Act, 1864 and Rcvival of Pollce Order, 2002) (Amendment) Bill, 2u19 and was sent to Honourable Governor for accord his assent as required under clause (2)(a) of Article 116 but he, instead of accord assent to the Bill, returned the same with message in exercise uf powers vested upon him under clause 2(b) of Article 116. ‘The Provincial Assembly of Sindh in Its sitting held on 13" June, 2029 reconsidered the Bill and passed it ayain with amendments which was accordingly sent ta the Governor for accord his assent. The period of ten days has been elapsed and the subject bill shall be deemed to have been assented by Mie Governor in view oF clause (3) of Article 116 of the Constitution and Is hereby published as an Act of the Legislature of Sindh. Liv- 162 Ext-IV-1i 8) Rs, 160.0099) THE SINDH GOVT. GAZETTE EXT. JUN. 26, 2019 PARTIV ‘THE SINDH (REPEAL OF THE POLICE ACT, 1861 AND REVIVAL OF POLICE ORDER, 2002) (AMENDMENT) ACT, 2019. ‘ SINDI{ ACT NO. XI OF 2019" AN ACT slice AME 1B61 and teyive Palle Onder 2002 si sud as 13 July 2011 svt amwotes wh the Cuastiuten, AS the plies has ta obligation aud duly w fivichon accaidiog io Hbeamble , el demic asjnrsion ofthe peel, AND WHEREAS such Quctioulng of the police requis iC be professianal si¢yiec-ertented, and accountable (0 Me peoples AND WHEREAS sand teoponstbiliies; $30 sprite Givedehiae tie price ely, ® AND WHEREAS iis mvessiry (o-recuist sellcleut preveiiion dud detection Of eriuie, aid ieaniedanie of public cules is polis Survie fu AUis hereby proposed us Lollaws; Shirt tile, estent, & 1G) Pip Act may e-called the Sindh (Repeul of the Poll Act, [861 and Revival of Police On VE) (Amendment) A 2019 z 2) Wektonds orthe whote nf ihe Piavigee uf Sindh GH) Hse Free one EA: The Pics Onder 2002 shat Staind sovived en una fm 13 day-ox July, BY SOEL av iF lal mever bee repealed sd sell We revived as ame (0 the vl ana the toner hewinalior appear, CHAPTER I PRELIMINARY z Definitions. - (1) In this Ordcr, unless the context otherwise requires, - (i) *Adininistration® includes management “of administrative, operational and financial functions; (1 ‘Chairinan? means Chairmai/hairperson- of District Council and District Municipal Corporation as established in the Sindh Local Goverment Act 2613 Gili) "Code" means the Code of Criminal Procedure, 1898 (Act V of 1898); (iy) Gogaizance’ means taking notice by un authority legally empowered tostake uelion on its decisiog regarding a matigr relaling 1b neglect, excess or ilseonduck by, or any omission or coramission Geeied illegal, commitied py, a Police Officer for remedial and corrective measures under the pivvisions Of this ‘Order; 3THE SINDH GOVT. GAZETTE E iv) ‘Conunission” mearis the Provincisl Public Safety & Police Complaints Commission and District Public Safety & Police Complaints: established under this Order, iv-a) “direcs” means a written order or insiruclion-tu & Police Officer issued by un aullority empowered to direct under this Order and such direcung ‘nuthority shall be deemed (o be an officer authorized under clause (2) of Article 133; pillission {vb}. *Couneil” means District Municipal Corporation / District Couneit; (vi) “Disteict’ means the district ay defined in Sindh Taind Revenue ct 1967; (ilaj*ex- Bvery order!under clause (1) or (2) shail be published in the Official Gazeue, Explanation: or the purpuse of clause (1) a dress or unticle of ‘apparel shall be deemed to haye been wom or displayed in publiv if itis wor oF displayed in any place to which ihe public have access. 132, Control of camps, parades, fs, Gu the reioit of Seniot Superintendent ince of public of Polive suggesting that it is necessary in the interest of raaiater oiler, the Depuly Coamissionsr may by a special onder guolibis er resivict thoughout the district or any port thereof all meetings and asséuiblies of persons for the purpose uf wainieg in the use uf asus. oc taking part in any such camp, parade or procession. 433. Authority of Senior Superintendent of Police over the village police. — Senior Superintendent of Police shall for the purpose of carrying this Order ini effect, excreise authority und contol over Village watehaien or village police 6 :131 THE SINDH GOVT. GAZETTE EXT. JUN. 26,2019 PART-IV. CHAPTER XV Article 134-137 ‘RESPONSIBILITIES OF POLICE IN RELATION TO UNCLAIMED PROPERTY 134, Police to make inventory of unclaimed property, ete— |! shall be the duty of every police officer tm take charge and mak property found’ by, or made over to him, and furnish @ copy of the inventory to Senior Superintendent of Police within 24 hours, who'shall send @ copy of the Same tw concerned Commission at the District level, 135. Procedure for disposal of uuclaimed property. - (1) Where any property has been taken charge ef under Article 134, Senior Superintendent of Police shall issue a praclamation within seven days in the prescribed manner specifying the articles of which such property consists and requiring thet any person who may have a claim hereto shall appear before him or some other ofiicer not below the rank of Assistant Superintendent of Police ‘or Deputy Superintendent of Police especially authorized in this behalf and establish his lait within three months from the date of such proclamation. @) If the property, or any part thereof, is subject to speedy and natural decay or if the property’ appears io be of the: vulue of less than one thousand rupees, it may forthwith be disposed off in the preseribed manier under the orders of Senior Superintendent of Police and the net proceeds ‘of such sale shall be dealt with in the manner provided in Articles 136 and 137, G) Where any person who has claim to the property és required by the ‘proclamation under clause (1) to appear belure an officer authorized by the Senior Superintendent of Police and establish his-claim, such officer stall Forward the |» record of the proceedings to the Senior Superintendent of Police (4) Seoior Superintendent of Police shall fallow the directions vf the concerned Commission at the District level and the concerned commission at the district level in disposal of property under elausé (3) 136. Delivery of property to person entitled. — (1) Senior Superintendent uf Police ou being satisfied of the title of any claimant 16 thé possession or administration of the property specified in the proclamation issued under clause (1) ef Article 135 order the same to be delivered to him: (@) In vase where there is more than one Claimant to the same property the matter shall be refersed by the Senior Superintendent of Police tu the competent court 137. Disposal of property, if uo claimant appears. - Ef no person establishes is claim to such property within the perind specified in the proclamation, the property, Gr such part thereof as has aot already been sold under clause (2) ofPARTIV ss THE SINDH GOVT. GAZE" Article 135 shall, with the approval of appropriate Public Safety Commission, be disposed off in the preseribed manner and the proceeds shall be deposited in tie treasury CHAPTER XVI Article 138-154 OFKENCES AND PUNISUMENTS TELE TEDI CHAPTER XVII Article 155-157 OFFENCES BY AND PUNISHMENTS FOR POLICE OFFICERS 155, Penalty for certain types af misconduct by police officers. — (1) Any police officer who- () makes fOr obtaining release from service as polite officer, a false slulement or a statement which is misleading in material particulars or uses a false document for the purpose; ; (b) is guilty of cowardice, or being a police officer of junior rank, resigns his office o: withdraws himsclf from duties without permission; () is guilty of any willful breach or neglect Of any provision tule or regulation or any order which he is bound to observe or obey; (d) is guilty of any violation of duty: () is found in a state of intoxication, while oa duty; (Q — malingers or feigns or voluntarily causes uit 19 hiniself with the interition to render hiniself unfit for duty (g) is grossly insubocdinale 0 his superior officer or uses criminal fore agaist a superive officer, or (i) engages himself’ or participates in any demunsinulivn, procession ar sitike or resorts to or in any Way abets any fan of strike or evereion or physical duress tp force any authority to concede anything, Shall, on conviction, for every such uffence be punished with imprisomment for a verm whieb may extend 10 tliree years and with fine. (2) ‘Prosecution under this Article shall require « report im writing by an officer authorized in this bebalf under the rules to be made by the Government. 156: Penalty for vexations entry, search, arrest, scizure of property, torture, ete. Whoever, being a police officer — (a) without lawful authori or reasonable cause, enters or searches or causes to be entered of searched any building, vessel, tent or place; (b) yexatiously and unnevessarily seizes the property af any person; ETE EXT. JUN. 26,2019 132133 THE SINDH GOVT. EXT. JU! 201 (©) vexatiously and: unnevessatily detains, searches gr unrest. any person; oF ) inflicts torture oF violence to any person in hix custody: shall, for every such offence, on conviction, be punished with imprisocment for a tetin, Which may extend to five years and with fine 157. Penalty for unnecessary delay in producing arrested persons in courts. = Any police officer who vexatiously and unnecessarily delays the forwardiag to 4 court or to any other authority to whom he is fegully bound to forward any arrested person, shall, on conviction, be pimished with iniprisoriment for a term which may éxtend fo one year and with fine. CHAPTER XVII NATIONAL POLICE MANAGEMENT BOSRD Article 158-162 [DELETED| CHAPTER XIX - Article 163-190 MISCELLANEOUS Provision of advice and assistance to International Orpauizations ete. - The Police may provide advice and assistance yo an International Organization or to any other perscn or body cngaged in investigation of cra cases outside Pakistan with the permission of the Government é 14 DET EEE D) 195. Cunstiution of Promotion Cou mittee. d Boards ete. = Subject to rales, promotion of police officers of the provincial police shall be made on the recommendations of the departiuental promotion conimitizes or promotion boards as prescribed. 160. Criminal Statistics and reports. - (1) The Ilome Department shall at such times. and in such form as the Federal Government may require, lransmil statistics and reporss to.the Federal Goverment with respect to officers, offenders, criminal proceedings und the stale of law and order in the Pravince as the Federal Government may require (2) The Federal Government may sequire the Government to submit reports on such malice: as may be spevified in the requirements on matters Connected with peclormanice of the police officers of the Police Service of Pakistan (G) A requirement under clause (2) may specify the feria in which @ report is to be submitted,PAR’ THE SIN! OVT. GAZETTE EXT. JUN. 26. (4) ‘The Home Department may direct the submission of such reports sand reluras by the Inspectos General nf Policy and other police officers as it may dem proper and may prescribe the form in which such returns shall be made. 167» Maintetiance of Daily Diary at a police station. — (1) A register of Daily Diary shali be maintained at every police station in such form as shall, the numes of all persons strested, the offences charged against thom, the weapons Or property that shall have been taken fiom their possession or from tine to tine, be prescribed and to reeerd ther complain otherwise, and the names of the witnesses who shall have been exualiied. (2) The District and Sessions Judge of the district suay eull for and inspect such Diary 108. Citizen Police Liaison Committees. — The Goverumeat may establish Citizen Police Li wiftees with the composition, TORS, son CO jes and functions as may be preseribe duties, respons 169. Public Safety Fund. ~ (1) The Gaverament may. by notification in the Official Guveite, constitute Public Safety Fund at tie Provincial and District levels eansisting ol (4) Granis’made by the Federal Government, the Provincial Goverament and the Local Govemments to the police. (b) Couteibutions made in cash or iid by the public for the improvement of police service delivery to be credited to District Public Safety bund. 2) The Provincial Goverment may credit cnedalf oF the sums of the raffle fines to the Provincial Public Safety Fund, GB) All réeeipts mentidned in sub-clauses: (a) and (b) of clause (1) and clause (2) may be eredited 10 the Provincial or Disitict Public Satey Fund us the ease may be under a Head of Account in the Public Account duly authorized by the C General of Accounts. (4) ‘The Fund shall be non-lapsable. (5) Accounts shall-be kept of payments made iato of out of this fund, which shall bg audited by the Auditor General al the end of euch financial year. (®) ‘The Public Safety Fund at Provinetal level shall be operied by the Proviticial Public Safety and Police Complainis Coa district level by the District Public Safety and Police Complaicts Commission subject 10 any rules and regulations made under this Order. jon and at theXT. JUN, 26,2019 PART-IV THE SINDH GOVT. GAZE’ (2) The Public Safety Fund shall be applicd far the puzpuse of: (a) improving facilities for public und servict delivery ul police stations. (b) impraving traffic police: anid (c) rewanding police officers for good performance i *(d) grant in aid to Citizen Police ison Comittee. 170. Officers bolding charge of or succeeding to Vacancies competent to exercise powers. ~ Wherever in consequcace of the office Additional Inapeetor General of Police, Deputy laspectar Geiteral of Police or Senior Supertmendent of Police becoming vacant, any olficer who holds charge of such post or succeeds cillier (miporuily Gr permanently to his office under the orders of the competent appointing authority, such officer shall be cumpetcnt w exercise all ihe powers and perform all the dulicx respectively conferred acd imposed by: this Greve on Aduitional Inspector General of Police, Deputy Inspector General of Police or Seuior Superintendent of Polive as tte vase may be 171, No police officer to be liable to any penalty or-payment of damages on account of acts done in goad faith in pursuance of duty. - No police officer shall be liable tc any penalty or to payment of damages oa account of en act done in good Faith in pursuance or intended pursiiance of any duty imposed or any authority conferred on him by any provision of this Order or any ciher tay for tke time being in Fores or any mule, ender or direction avade 01 given therein, 172. Suits or prosecutions in respect of acts done wader colour of duty uot (oe entertained if not Instifuted within the preserilied period. ‘of an alleged offence by « pelive offfver, or & wrong alleged to have been done by him ur by any ast done under colour of duty or fu exervise of any such ducy Ur auithorily of ills Osder or when it shall appear Lo the Court that the offenes of wrong if conmitted or done was of the charucter aforesaid, the prosecution for Suit shull not be entertained, or shall be dismissed, if instituted after more than sia iionths Trem. the date uf she uetion eoruplained of. Ih case 173, Notice of suit to be given with sufficient description of wrong complained of. — (1) In the case of an intended stil on account of an alleged vinong relerred t0 in Article 172 by a police officer, Hie person intending (0 sue shall give nvo month's motive us presvribed 1 section 80 0? Civil Procedure Code 1908, of the intended shit with Sufficient deseription of the wiung complained of, @) The provisions of section 80 of dhe Civit Protedure Code, 1908, shall rautitis mutandis apply to-the notice reterred: to i chuuse (1. 14. Lice d written permissions to specify coudilions, ete, license or written permission granted under the provisions cf this Order specily’ the period, locality, conditions and restrictions subjett to whieh the same is granted and shall be given under the signalure of the colnpetent authority,PART-IV HE SINDH GOVT, GAZETTE EXT. JUN, 26, 2019 136 175. Revocation of licence’ or permission. - Any license or writtea permission granted under this Order may al ‘any titie be suspended or revoked by the competent authority after due notice if uuy uf ils conditions or resitictiotis is inftinged or evaded by the person to whom it has beer granted, of if such person is convicted of any offense im any matics to which such lieence or pemuission velates 176. When licence or permission is revoked, the grantee would be deemed to be without licence. - When any such livence or written permission is suspended of revoked, or when the period for which the same was granted bas expired, the person to Whorn the same was granted shall, for all purposes of this Order, deemed fo be without a lisence or written permission, uali) the ordée far suspending or revosing the sane is cancelled, or until the sarnc is renewed, as the cave may be 177. Grantee to produce licence and written permission when required. - Eveey person to whom any such licenee or written permission has | granted, shall, while the same remains in force, at all reasonable fime, produce the same » vequired by a polive officer. 178. Public notices how fo he given. - Any public notice required to be vive under any of the provisions of this Grder shall be in writing under tu sivaufure of 2 competent authority and Shall be published in the locality Ww be affected thereby, by affixing copies thereof in conspicudus public places, or by proclaititing Uke same ,with beat of drums, or by advertising the some in local newspapers in regional languages and Poglish or Urdu, as the seid authority may dgem tif, of by electronic media, or by any two or more of Mies nieans and 4 any other nicaus it may think suitable: + 179% Consent: of competent authority how to be proved. - Whenever ander this Order, the doing or the omitting « do anything ov dhe yallty of anything depends upon the consent, approval, declaration, opinicn or silishiction oF a competent authority, a writen document sized Uy the competent authority purporting to convey or set forth such consent, approval, declaration, opinion or Satisfuetion shall be evidence thereol: 180. Signature ou uotices may. be stauiped. = Every licence, weilten pemission, notice or other document, not being a summons or warrait or seatch warrant, required by this Order, or by any rule hereunder, to bear the duiry nuriber, stursp and the signature of concerned authority and it shall be deemed to be properly signed if it is-a Jaesimile of the document bearing bis Signature, 181. Persons interested may apply to annul, reverse or alter any rule or order. ~ Tivthe case of any rule-or onder mude under an authority conferred by {his Qrder and requiring {he public or a pasticular class of persons to perform some duly or act, or to conduct or order themselves or those under their control in a manner therein deseriped, ix shall be competent for any tnterested137. ‘THE SINDH GOVT. GAZETTE EXT. JUN. 26, 2019 Penion to apply to the authority issuing such rule or ordér to aunul, reverse gr alter the mule or order aforesaid on the ground of it being untawtul uppressive or unreasonable: Provided that the Goverment shall exercise jurisdiction for revision Against Sucl, urders 182, Notification of rules and regulations in the Official Gazette, tule and regulation made under this Order shall be mads by notification Official Gezcrte, Eivety in the 183: Powers to prosecute under any other law nat affected. Nothing contained in this Order shall be cansirucd to prevent any petson from being Proseeuted under any other law tor the time being In force [ur uny offence made Punishable under this Order. ‘ 134. Power toamend. — (DUELS mapheay |) 185, Kepeal and: savings. (1) The Police Aci, 1861, *(V of 1861), hereinatics referred lo as the said Act, is hereby repeated: Provided that - (a) all miles prescrites!, appointments snade, powers sunlemed, orders: made or passed, consent, permill, permission of likenves given, summons ot Wursunls issled or served, persous, arrested ur detained oF sicharged on bail or bond, search warrants issued, bond forlsited, ponulty incurred under the said Act shall, 50 far as they are consistent with this Onder, he dccmed 9 have been’ respectively prescriked, made, couiterrce, passed. served, arrested, detained, discharged, forfeited and incncred bcreun (b) all ceftrences made to the said Act or in-any law or instrument cunsttued as eferences fo. the corresponding provisions uf this OuJer. (2) Notwitlistanding the repeal ofthe said Act, Ute cepeul shall uot — (3) —_-afieet the validity, invalidily, effect ur cousequerve of anything du done or sutlered under the said Act! (b) affect any right, privilege, obligation or liability acyuired, aterued or incurred under the said Act; () affect any penally, forteiture, or punishment inured or jut fespect of any act or offence committed against the said Act; (dG) alltcct any investigation, legal proceeding or remedy in respect of any such riuht. privilege, obligation, liability, penalty, forfeiture or punishment as afresalds and my, such investigation, legal proceeding or cemedy may te iistiluted, continied or Ciiforced, and any suck penalty, ferfeilure or punishment may be imposed, as if the said Act has not been repealed; and ©) atfect any proseeding pending in any court or befire “any authority tinder the said Act, aud any such proceeding and any appeal Or revision arising out pf such proceeding shall be continued, instituted or disposed of, ys if the said Act had jotbeen repealed w ied in, PART-LVPARTY. THE SINDH GOVT. GAZETTE EXT. JUN. 26,2019 —_138 186. Bxisting police deemed to be coustiruted under this Order. - Withowe prejudice to the provisions contained in Article 185, the police “functioning in the Province immedidiely before the commencement of this Order shall om sich commencement be deemed to be police constituted under this Order. 186-A. Power to umeud the Schedules. The Government uuy, by notification in the official Gazette, amend any Schedule 187, Power to remoye difficulfies. - (1) 1f any difficulty arises in giving atfeet to the provisions of this Order, the Government may, by notiffcat in the Olficisl Gazette, make such provisions as appear to be necessary or expedient for removing the difficulty: Provided that no such notification sball be issued after the expiry of two years from te commencement of this Urder 188, Overriding effect. — the provisions of this Act shall have an overriding effect, notwithsianding anytaing contained in aay other law on the subject, for the time being in force, 189, Application of this Act. — the provision of this Act shall apply in so far as they are not inconsistent with the peuvision uf the Code of Criminal Procedure, 1898. 190. Cérrespondence by Inspecter General of Police, — All correspondence. by . the Inspector General of Police with the Federal be made in uecordance with the Sindh. Goverament Rules of Business 1986, «FIRST SCHEDULE SENFOR AND JUNIOR RANKS: [Article 2 (xii) and Articte 2 ‘xy fo epee : (@. — Inspector-General (i) Additional Inspector G c (iy) — Assistant Inspector General/Senior Swperinisndeut Deputy Luspectur General ()Superintemdem139 THE SINDH GOVT. GAZETTE EXT. JUN, 26,2019 _PAREIV (sf) Assistant SuperhitéudeutDeputy Superintendent 2. Guntur Police Ranks ®)Taspector (8) Sub-Iaspector (Hi) Assistant Sub-Laspector (x) lead Coustalite @)— Constapte SECOND SCHEDUI (Article 24) FORM OF OATA OR AFFIRMATION BY MEMBERS OF POLICE (in English / Urdu/ Sindhi Language) pe ____ do hereby swear/solemnly affirm that 1 shall be faithful and bear irue allegiance to Pakistan and to the Constitution of the Islamic Republic of Pakistan, that us member of the Police 1 Shall honestly, impartially and wuly serve the people without fear, favaur or affection, mal Il; that 1 will to the best of my ability, skill and knowledge discharge, according to law, such Rinotions and duties as may be entrusted to me as a member of the. police and in such 4 mabnér as to uphold and protect the dignity and rights of the citizens; that I shall abide by the principles conlained in the Code of Conduct for police officers, or ily reTHIRD SCHEDULE (Article 25) CERTIFICATE OF APPOINTMENT SEAL. No. = Certificate of appoinunent issued under Article 25 of the Police Order, Mr fius been appointed and is invested with the povters, functions, duties and privileges of police officer under Article of Police Order, 2002, the Capital City District ___/ City District { District Police/ Area under the charge of Provincial Police Officer / Capital City Polive Olficer / City Police Uificer _ ‘on this day of, Designation1FQURTH SCHEDULE [See Article 33 (3)] CERTIFICATE Certified | that I ‘Wace cTHed a Texte) erode mane se Sa fiveon ie + Py Performance Evaluation, Repo ~~ for_=—sthe = pericd My Countersigning officer is atthe ovis Rate Otiee) Signature Distri BY ORDER OF THE SPEAKER PROVINCIAL ASSEMBLY. OF SINDH ~ G.M.UMAR FARGOQ SECRETARY PROVINCIAL ASSEMBLY OF SINDH = SS Ped inted at the Sindh Government Press