2. Definitions.--(1) In this Order, unless
the context otherwise requires,--
(i) `Administration' includes management of
administrative, operational and financial functions;
[(i-a) "Capital City District" means the
Islamabad City District, the Federal Capital, City District of Quetta, City
District of Peshawar, City District of Lahore or City District of Karachi being
the metropolis of the Provinces of Baluchistan, North-West Frontier, Punjab and
Sindh respectively.]
(ii) "
(iii) "City Police Officer" means the
head of police of a general police area of the city district who is not below
the rank of Deputy Inspector General of Police and is posted under Article 15;
(iv) "Code" means the Code of
Criminal Procedure, 1898 (Act V of 1898);
[(iv-a) "Cognizance" means taking
notice by an authority legally empowered to take action on its decision
regarding a matter relating to neglect, excess or misconduct by, or any
omission or commission deemed illegal, committed by, a Police Officer for
remedial and corrective measures under the provisions of this Order.]
[(v) "Commission" means National Public
Safety Commission, Provincial Public Safety and Police Complaints Commission,
[(v-a) "Direct" means a written
order or instruction to a Police Officer issued by an authority empowered to
direct under this Order and such directing authority shall be deemed to be an
officer authorized under clause (2) of Article 155.]
(vi) "District" means the district
as defined in a Local Government Law;
(vii) "District Police Officer" means
the head of police of a district who is not below the rank of Senior
Superintendent of Police and is posted under Article 15;
[(vii-a) "Ex-officio Secretary"
means Provincial Police Officer who shall exercise administrative and financial
powers of the Secretary to the Provincial Government with total autonomy in
operational, administrative and financial matters subject to the policy,
oversight and guidance given by the Chief Minister through the Chief Secretary
and the Provincial Home Department;
(vii-b) "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; and
(vii-c) "Fact finding inquiry" means an
inquiry into the allegations contained in a complaint against a Police Officer,
including the factual incidents, relating to neglect, excess or omission or
commission of any act constituting an offence and the outcome of such inquiry
shall be admissible in evidence before a Court, tribunal or an authority.]
(viii) "Federal Law Enforcement
Agencies" include Federal Investigation Agency, Pakistan Railway Police,
Anti-narcotics Force, Pakistan Motorway and Highway Police, Islamabad Police,
Frontier Constabulary, and any other Federal or Provincial Organization notified
as such by the Government from time to time;
(ix) "General Police Area" means a
capital city district, a part of a province, or any territory for which
separate police is established under Article 6;
(x) "Government" means the
appropriate Government;
(xi) "Head of District Police" means
a District Police Officer, City Police Officer or a Capital City Police
Officer;
(xii) "junior ranks" means members of
the police of and below the rank of Inspector as set out in the First Schedule;
(xiii) "person" includes community, a
company, or corporation;
(xiv) "Place" includes:--
(a) Any
building, tent, booth or other structure, whether permanent or temporary; and
(b) Any area,
whether enclosed or open.
(xv) "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;
(xvi) "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;
(xvii) "Provincial Police Officer" means
head of the police of a general police area of the rank of Inspector General of
Police posted under Article 11;
(xviii) "Police Officer" means a member of
the police who is subject to this Order;
(xix) "Police or Police Establishment"
means the police referred to in Article 6 and includes--
(a) all
persons appointed as special police officers or additional police officers
under this Order; and
(b) all other
employees of the police.
(xx) "Prescribed" means prescribed by
rules made under this Order;
(xxi) "Property" means any moveable
property, money or valuable security;
(xxii) "Public place" means any place to
which the public may have access;
[(xxii-a) "Responsible" means a Police
Officer who is answerable and accountable, for effective and efficient
performance of assigned duties and functions, and for implementation of all
lawful orders and instructions issued by an officer or an authority to whom he
is responsible under this Order and non-compliance of such orders, directions
and instructions which he is bound to observe or obey for action shall be
liable under paragraph (c) of clause (1) of Article 155.]
(xiii) "Rules" means rules made under
this Order;
(xxiv) "Schedule" means a schedule to
this Order;
(xxv) "Senior ranks" means members of
the police above the rank of Inspector as set out in the First Schedule;
(xxvi) "Street"
includes any highway, bridge, way, causeway, arch, road, lane, footway, square,
alley or passage, whether or not it is a thoroughfare and to which the public
have access, whether permanently or temporarily [***];
(xxvi-a) "Superintendence" means
supervision of Police by the appropriate Government through policy, oversight
and guidance and, in case of a Province, it shall be exercised by the Chief
Minister through the Chief Secretary and the Provincial Home Department, while
ensuring total autonomy of the Provincial Police Officer in operational,
administrative and financial matter and, in case of Federal Capital, such
supervision shall be exercised by Ministry of Interior, Government of Pakistan;
and]
(xxvii) "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
posted under Article 11 and Article 15.