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: –
- This Act may be called the Federal Investigation Agency Act, 1974.
- It extents to the whole of Pakistan and also applied to all citizens of Pakistan and Public Servants, wherever they may be.
- It shall come to force at once.
|Government:||Government of Pakistan|
|President:||Muhammad Amlish, PSP, Director-General|
|Motto:||Truth and Honesty|
|Formed:||13 January 1975; 42 years ago|
|Preceding agency :||Pakistan Special Police Establishment (1948)|
|Employees :||Mild Classified|
|Legal personality :||Governmental: Government agency|
|Legal jurisdiction :||Constitution of Pakistan|
|General nature :||Law enforcement , Civilian agency|
|Overviewed :||Islamabad, Pakistan|
|Agency executive :||Muhammad Amlish, PSP, Director-General|
|Major Units :||10|
- 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);
- Rules means rules made under this Act.
Constitution of the Agency
- 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.
- 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.
Powers of the members of the Agency
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- Any inquiry or investigation pending with the Special Police immediately before such repeal shall continue to be conducted by the Agency
- 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.
- 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.