What is FEDERAL INVESTIGATION
AGENCY ACT, 1974 ?
(l) This Act may be called the Federal
Investigation Agency Act, 1974.
(2) It extends to the whole of Pakistan and also
applies to all citizens of Pakistan 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) "public servant" means a public servant as defined in
section 21 of the Pakistan Penal Code (Act XLV of 1860),
and includes an employee of any corporation or other body
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
pursuance of Article 3 of the Special Police and Provincial
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
for the lime 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.
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, as may be
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 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 und 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.
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 without warrant any person who has committed,
or against whom a reasonable suspicion exists that he has
committed, any of the offences referred to in subsection (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, in 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
subsection (5) shall be punishable with rigorous
imprisonment for a term which may extend 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, 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.
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 anything which is in
good faith done or intended to be done under this Act
or the rules.
Power to, make rules.
(l) The Federal Government may, by notification in the official
Gazette, make rules for carrying out the purposes or this ACI:
(2) In particular and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the
following matters, namely :--
(a) The terms and conditions of service of the Director-General
and other members of the Agency and the qualifications for
recruitment to various posts;
(b) The powers and functions of the members of the Agency in
relation to the conduct of inquiries and investigation ;
(c) the nature and context of the assistance which the Agency
may provide to Provincial investigating agencies:
(d) the powers of Inspector General of Police under the Police
Act, 1861 (V of 1861), which shall be exercised by the DirectorGeneral; and
(c) the manner in which rewards may be given to the members
of the Agency or of the public for rendering 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) Offences punishable under sections k[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, 337-F], q[342, 348], 353 k[365-A] 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, 440, r[462A, 462B,
462C, 462D, 462D, 462E, 462F] q[466], 467, a[468,471],
b[472], q[473, 474, 475, 476], 477-A, 489-A, 489-B, 489-C,
489-D, 489-E, g[489-F], q[499, 500, 501, 502, 506, 507], of
the Pakistan Penal Code (Act XLV of 1860)
