What is FEDERAL INVESTIGATION
AGENCY ACT, 1974 ?
(l) This Act may be called the Federal
Investigation Agency Act, 1974.
(2) Applies on all Pakistani citizens both civilians and public servants ,
wherever they may be.
(3) It shall come into force at once.
Definitions.
In this Act, unless there is anything
repugnant in the subject or context"-
(a) "Agency" means the Federal Investigation
Agency constituted under section 3 ;
(b) "Code" means the Code of Criminal
Procedure, 1898 (Act V of 1898);
(c) "Director-General" means the DirectorGeneral of the Agency;
(d) "Provincial Police" means 'the Police'
constituted by a Provincial Government under the
Police Act, 1861.
(e) "e) According to Act XLV of 1860, Section 21 of the Pakistani Penal Code, a "public servant" is a public employee who works for a company or other entity.
or organization set up, controlled or administered by 0r
under the authority of, the Federal Government ;
(I) "Special Police" means the Pakistan Special Police
Establishment constituted under the Pakistan Special
Police Establishment Ordinance, 1948, (VIII of 1948) ;. I
(g) "Specified persons" means the persons who were
appointed to posts in or under a Provincial Police in
pursuant to the Special Police and Provincial Act, Article 3
Police (Amalgamation) Order, 2002, (P.O. No. 1 of 2002);
and
(h) "rules" means rules made under this Act.
Constitution of the Agency
(1) Notwithstanding anything contained in any other law
The Federal Government may for the duration of the limelight establish the Federal Investigation as an agency.
Agency for inquiry into, and investigation of, the offences
specified in the Schedule, including an attempt or
abetment and conspiracy to commit such an offense.
(2) The Director General of the Agency must be appointed by the federal government and a certain number
other officers as the Federal Government may, from time to
time, appoint to be members of the Agency.
Superintendence and
administration of the Agency.
(1) The superintendence of the Agency shall vest
in the Federal Government.
(2) (2) The Agency's management will be delegated. in the General Director, who will exercise authority over the Agency with the capabilities of an Inspector In accordance with the Police Act of 1861, as
prescribed by rules.
Powers of the members of the
Agency.
(l) Subject to any order which the Federal Government may
make in this behalf, the members of the Agency shall, for the
purpose of this Act's inquiry or investigation, have These powers spread throughout Pakistan, including those related to such things as a search, arrests, and property seizures
responsibilities, rights, and obligations as provincial officers
In connection with the investigation of violations under the Code or any other law currently in effect. (2) A member of the Agency who does not adhere to any rules for the purposes of any inquiry or investigation under this Act, anyone below the rank of Sub-Inspector may 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 carrying out his duties in this manner within the parameters of his station.
contd:
(3) Without prejudice to the generality of the
provisions of subsection (1) and subsection (2), any
member of the Agency not below the rank of a SubInspector authorized by the Director-General in this behalf
may arrest anyone who has committed, without a warrant. or against whom there is a plausible suspicion that he
committed, any of the offences referred to in subsection (1)
of section 3.
(4) (4) For the purpose of the members' exercise of the Agency, and of the authority of a supervisory officer
police station, “Police station" includes any place
declared, generally or specially by the Federal Government
to function as a police station in accordance with the Code.
(5) If, in the opinion of a member of the Agency
conducting an investigation, any property which is
the investigation's subject matter is likely to be removed, transferred or disposed of in another way prior to an order of the appropriate authority is obtained for its seizure, such as By written order, a member may direct the owner or any person who possesses it for the time being, not to move, sell, or give away in any other way such property in any way other than through the previous That member's permission and this order are subject to to any order that the Court that has jurisdiction over the matter.
matter.
(6) Any contravention of an order made under
subsection (5) shall be punishable with rigorous
incarceration for a period that could last up to one year, or
with fine, or with both.
Power to amend the
Schedule:
The Federal Government may, by
notification in the official Gazette, amend the
Schedule so as to and any entry thereto or modify or
omit any entry therein.
Delegation of powers.
The Director-General may, by order in
writing, control that, and any and all of his powers under this Act or the rules will, subject to any such restrictions, be exercisable also by, as specified in the order
any member of the Agency so specified.
Indemnity.
No suit, prosecution or other legal
proceeding shall lie against the Federal Government,
any individual or member of the Agency utilizing any power or carrying out any task in accordance with this Act or the rules for anything in done or planned in good faith in accordance with this Act
or the rules.
Power to, make rules.
(l) The Federal Government may do so by publishing an official notification. Make regulations for the implementation of this ACI's goals in the Gazette:
(2) In particular, and without limiting the scope of the ignoring power, such regulations may cover all or some of the
ignoring power, such regulations may cover all or some of the
following matters, namely :--
(a) (a) The Director-General's employment terms and conditions
and the qualifications for the Agency's other members recruitment to different positions; (b) The Agency's members' responsibilities and powers in in connection with the execution of inquiries and investigations; (c) the nature of the assistance provided by the Agency and its context may provide to Provincial investigating agencies:
d) The Inspector General of Police's authority under the Police Act of 1861 (V of 1861), which the Director-General is tasked with carrying out; and (c) the method by which members can receive rewards of the public or the Agency for providing commendable services.
Repeal.
(1) The Pakistan Special Police Establishment
Ordinance, 1948 and the Special Police and Provincial
(Amalgamation) Order, 1962 hereinafter referred 10
respectively are hereby repealed.
Schedule
SCHEDULE OF FIA ACT, 1974
1) Violations that are punishable by sections 120-B, 121, 122, 123, 123-A, 124, 124-A, p[161, 162, 163, 164, 165, 165-A, 168,
169], q[175, 182, 183, 186, 187, 188, 189], b[201], 217, 218,
q[224, 225], 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, and 337-F], 353 q[342, 348], 366-B, q[383], 402-A, 402-B, 402-C, 403, 404, b[406,407,408],
p(409), b(411,418,419), a(420), 435, 436, and 440, and r(462A, 462B, 462C, 462D, 462E, and 462F] q[466], 467, and a[468,471] 477-A, 489-A, 489-B, and 489-C, b[472], q[473, 474, 475, and 476, of 489-D, 489-E, g[489-F], q[499, 500, 501, 502, 506, 507], of 489-D, 489-E, the 1860 Act on the Penal Code of Pakistan
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