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Introduction
of FIA
FEDERAL
INVESTIGATION AGENCY
ACT, 1974 (VIII OF 1975)
An Act to provide for the constitution
of a
Federal Investigation
Agency
(Gazette
of Pakistan, Extra-ordinary, Part-I, 17th January, 1975)
Whereas it is expedient to provide for the constitution of
a Federal Investigation Agency for the investigation of certain
offences committed in connection with matters concerning
the Federal Government, and for matters connected therewith;
It is hereby enacted as follows: -
1.
Short title,
extent and commencement:
(1)
This Act may be called the Federal Investigation Agency
Act, 1974.
(2)
It extents to the whole of Pakistan and also applied to
all citizens of Pakistan and
Public Servants, wherever they may be.
(3)
It shall
come to force at once.
2.
Definitions: In this Act, unless there is anything
repugnant in the
subject or contest: -
-
“Agency”
means the Federal Investigation Agency constituted under
section 3;
-
“Code”
means the Code of Criminal Procedure, 1898 (Act
V of 1898);
-
“Director
General” means the Director General of Agency;
-
“Provincial
Police” means the Police constituted by Provincial
Government under
-
the
Police Act, 1861 (V of 1861);
-
“Public
Servant” means a public servant as defined in Section
21 of the Pakistan Penal Code (Act XL V of 1860), and
includes an employee of any corporation or other body
or organization set up controlled or administered by
or under the authority of the Federal Government;
-
“Special
Police” means the Pakistan Special Police Establishment
constitution under the Pakistan Special Police Establishment
Ordinance 1948, (VII of 1948);
-
“Specified
Persons” mean the persons who were appointed to
posts in or under a Provincial Police in pursuance of
Article 3 of the Special Police and Provincial Police
(Amalgamation) Order, 1962 (P.O. No. 1 of 1962);
and
-
“Rules”
means rules made under this Act.
3.
Constitution of the Agency:
(1)
Notwithstanding any thing contained in any other law of
the time being in force, the Federal Government may constitute
an Agency to be called the Federal Investigation Agency
for inquiry into, and investigation of the offences specified
in the Schedule, including an attempt or conspiracy to commit,
and abetment of, any such offence.
(2)
The Agency shall consist of a Director General to be appointed
by the Federal Government and such number of other officers
as the Federal Government may, from time to time, appoint
to be members of the Agency.
4.
Superintendence and administration of the Agency:
(1)
The Superintendence of the Agency shall vest in the Federal
Government.
(2)
The administration of the Agency shall vest in the Director
General who shall exercise in respect of the Agency such
of the powers of an Inspector General of Police under the
Police Act, 1861 (V of 1861), as may be prescribed by rules.
5.
Powers of the members of the Agency:
(1)
Subject to any order which the Federal Government may make
in this behalf, the members of the Agency shall, for the
purpose of an inquiry or investigation under this Act, have
throughout Pakistan such powers, including powers relating
to search, arrest of persons and seizure of property, and
such duties, privileges and liabilities as the officers
of a Provincial Police have in relation to the investigation
of offences under the Code or any other law for the time
being in force.
(2)
Subject to rules, if any, a member of the Agency not
below the rank of a Sub-Inspector may, for the purposes
of any inquiry or investigation under this Act, exercise
any of the powers of an officer-in-charge of a Police Station
in any area in which he is for the time being and, when
so exercising such powers, shall be deemed to be an officer-in-charge
of a Police Station discharging his functions as such within
the limits of his station.
(3)
Without prejudice to the generality of the provisions of
the sub-section (1) and sub-section (2), any member of the
Agency not below the rank of Sub-Inspector authorized by
the Director General in this behalf may arrest without warrant
any person who has committed, or against whom a reasonable
suspicion exists that he has committed, any of the offences
referred to sub-section (1) of Section 3.
(4)
For the purpose of the exercise by the members of the Agency
of the powers of an officer-in-charge of a Police Station,”
Police Station” includes any place declared, generally or
specially, by the Federal Government to be a Police Station
within the meaning of the Code.
(5)
If, in the opinion of a member of the Agency conducting
an investigation, any property which is the subject-matter
of the investigation is likely to be removed, transferred
or otherwise disposed of before an order of the appropriate
authority for its seizure is obtained, such member may,
by order in writing, direct the owner or any person who
is, for the time being, possession thereof not to remove,
transfer or otherwise dispose of such property in any manner
except with the previous permission of that member and such
order shall be subject to any order made by the Court having
jurisdiction in the matter.
(6)
Any contravention of an order made under sub-section (5)
shall be punishable with rigorous imprisonment for a term
which may be extend to one year, or with fine, or with both.
5-A.
Certain Officers of the Agency deemed to be public Prosecutors:
Notwithstanding anything contained in any order
law for the time being in force the Assistant Directors
(Legal) and the Deputy Directors (Law) of the Agency shall
be deemed to be Public Prosecutors and shall be competent
to institute and conduct any proceedings in cases sent up
for trial by the Agency in the Special Courts constituted
under any law and the courts subordinate to the High Court.
(Added
through FIA (Amendment) Ordinance 2002)
6.
Power to amend the Schedule:
The
Federal Government may, by notification in the official
Gazette, amend the Schedule so as to add any entry thereto
or modify or omit any entry therein.
7. Delegation
of Powers :
The
Director-General may by order in writing, direct that all
or any of his powers under this Act or the rules shall,
subject to such conditions, if any, as may be specified
in the order, be exercisable also by any member of the Agency
so specified.
8. Indemnity:
No
suit, prosecution or other legal proceeding shall lie against
the Federal Government, any member of the Agency or any
other person exercising any power or performing any function
under this Act or the rules for any thing which is in good
faith done or intended to be done under this Act or the
rules.
9. Power
to make rules:
(1)
The Federal Government may, by notification in the official
Gazette, make rules for carrying out the purposes of this
Act.
(2) In
particular and without prejudice to the generality of the
fore-going power, such rules may provide for all or any
of the following matters, namely: -
-
The
terms and conditions of service of the Director General
and other members of the Agency and the qualifications
for recruitment to various posts.
-
The
powers and functions of the members of the Agency
in relation to the conduct of inquiries and investigations;
-
The
nature and extent of the assistance with the Agency
may provide to Provincial investigating agencies;
-
The
powers of the Inspector General of Police under the
Police Act, 1861 (V of 1861), which shall be exercisable
by the Director General and
-
The
manner in which rewards may be given to the members
of the Agency or of the public for rendering commendable
services.
10.
Repeal:
(1)
The Pakistan Special Police Establishment, 1948 (VII of
1948), and the Special Police and Provincial Police (Amalgamation)
Order, 1962 (P.O. No.1 of 1962), hereinafter referred to
respectively as the said Ordinance and the said Order, are
hereby repealed.
(2)
Upon the repeal of the said Ordinance: -
a)
All
persons who were members of the Special Police immediately
before such repeal, including the specified persons shall
stand transferred to the Agency and shall, subject to sub-section
(5), be entitled to the same terms and conditions to which
they were entitled immediately before such repeal; and
b)
Any inquiry or investigation pending with the Special Police
immediately before such repeal shall continue to be conducted
by the Agency.
(3) Notwithstanding
the repeal of the said order, but subject to sub-section
(4), every specified person shall continue to be appointed
in or under the Provincial Police in or under which he was
holding a post immediately before the commencement of this
Act.
(4) On
the recommendation of the Director General and with the
concurrence of the Provincial Government concerned, the
Federal Government, may direct that such of the specified
persons referred to sub-section (3) as may, within thirty
days of the commencement of this Act, express their willingness
to serve in or under the Agency shall be appointed to posts
in or under the Agency.
(5) A
specified person referred to in clause (a) of sub-section
(2) and a person in respect of whom a direction is issued
under sub-section (4) shall, upon the repeal of the said
ordinance or, as the case may be, the issue of such direction,
cease to hold a post in or under the Provincial Police concerned
and shall be entitled to the same terms and conditions of
service to which he was entitled immediately before such
repeal or the issue of such directions.
SCHEDULE
OF FIA ACT, 1974
-
Offences
punishable under sections k [120-B, 121,122,
123, 123-A, 124, 124 A,161,162,163,
164,165-A,b[201],
217, 218,245,255,256,257,258,259,260,261,263 k[300,301,
302, 324, 332,333,334,335,336,337, 337-A, 337-B, 337-C,337-D,337-E,337-F],
353 k[365-A] 366-B, 402-A,402-B, 402-C,403,404,
b[406,407,408], b[411,418,419,],
a[420], 435, 436, 440, 467], a[468,471],
b[472], 477-A, 489-A, 489-B, 489-C, 489-D,489-E
g[489-F]
of the Pakistan Penal Code (Act XLV of 1860)
[Total = 64]
2)
Offences punishable under the Explosive Substance Act, 1908
(VI of 1908)
3)
Offences punishable under the Official Secret Act. 1923 (XIX
of 1923)
4)
Offences punishable under the Foreigners Act, 1946 (XXXI of
1946)
5)
Offences punishable under the Prevention of Corruption Act.
1947 (II of 1947).
6)
Offences punishable under the Foreign Exchange Regulation
Act. 1947
7)
Offences punishable under the Import and Export (Control)
Act. 1950 (XXXIX of 1950)
8) Offences punishable
under Banking Companies Ordinance, 1962 (LVII of 1962)
9) Offences punishable
under the Pakistan Arms Ordinance, 1965 (W.P. Ord XX of 1965)
10) Offences
punishable under section the 156 of the Customs Act, 1969
(IV of 1969)
11) Offences punishable
under the Foreign Exchange Repatriation Regulation, 1972.
12) Offences
punishable under the Foreign Assets (Declaration) Regulation
1972.
13) (Omitted)
14) Offences
punishable under the High Treason (Punishment) Act, 1973
(LXVIII of 1973)
15)
Offences punishable under the Prevention of Anti-National
Activities Act, 1974 (VII of
1974)
16)
Offences punishable under the Banks (Nationalization) Act,
1974 (XIX of 1974)
17)
Offences punishable under the Passport Act, 1974 (XX of 1974)
18)
Offences punishable under the Drugs Act, 1976 (XXXI of 1976)
19) Offences punishable under Emigration Ordinance, 1979 (XVIII
of 1979)
20)
Offences punishable under the Exit from Pakistan (Control)
Ordinance, 1981(XLVI of
1981)
c[21] Offences punishable under the Anti-Terrorism Act,
1997(XXVII of 1997) to the extent
of dealing with cases which: -
(a)
have
Inter-provincial scope, or
(b) are
entrusted to the Agency by the Federal Government
d[22] Offences
punishable under the Prevention & Control of Human Trafficking
Ordinance
2002.
e[23]
Offences punishable under the Pakistan Telecommunication
(Re-organization) Act,
1996 (XVII of 1996)
f[24] Offences punishable under the National Database and
Registration Authority Ordinance, 2002.
h[25] Offences punishable under Section 36 & 37
of the Electronic Transmission Ordinance, 2002 (L1 of 2002)
l[26] Offences punishable under the Copyright Ordinance,
1962 (XXXIV of 1962)
Authority:
-
SRO
(1)/98 dated 10-04-1998
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SRO
(1)/2002 dated 16-02-2002
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SRO
157 (1)/2002 dated 18-3-2003
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741
(1)/2002 dated 24-10-2002
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SRO
853(1)/2002 dated 28-11-2002
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SRO
549(1)/2003 dated 11-6-2003
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Gazette
Notification SRO No.977 (I) /2003 dated 8 October 2003.
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Gazette
Notification SRO No. 1050 (1) / 2003 dated 15.11.2003
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Omitted
Vide notification No. 4/34/2002-Estt (FIA) dated 16.8.2004
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Inserted
vide notification SRO 704 (1)/ 2004 dated 18.8.2004.
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Inserted
vide notification SRO 321(1)/ 2005 dated 16.4.2005
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