THE SINDH PUBLIC PROPERTY (REMOVAL OF ENCROACHMENT) ACT, 2010
PROVINCIAL ASSEMBLY OF SINDH
NOTIFICATION
KARACHI, THE 26TH OCTOBER, 2010
NO.PAS/Legis-B-21/2010-The Sindh Public Property (Removal of Encroachment) Bill, 2010 having been
passed by the Provincial Assembly of Sindh on 27th September, 2010 and assented to by the Governor of
Sindh on 20th October, 2010 is hereby published as an Act of the Legislature of Sindh.
THE SINDH PUBLIC PROPERTY (REMOVAL OF ENCROACHMENT) ACT, 2010
SINDH ACT NO: XVIII OF 2010
AN
ACT
to provide measures for removal of encroachment from public property
and to retrieve possession;
WHEREAS it is expedient to provide measures for removal of
encroachment from public property and to retrieve possession and for matters
ancillary thereto;
Preamble.
It is hereby enacted as follows :-
1. (1) This Act may be called the Sindh Public Property (Removal of
Encroachment) Act, 2010.
(2) It shall come into force at once and shall be deemed to have taken effect on
and from 8th September, 2010.
Short title and
commencement.
2. In this Act, unless there is anything repugnant in the subject or context-
(a) “abetment” means abetment as defined under section 107 of the Pakistan
Penal Code (XLV of 1860);
(b) “abettor” means a person who abets an offence as described under
section 108 of the Pakistan Penal Code (XLV of 1860);
(c) “Act” means the “Sindh Public Property (Removal of Encroachment)
Act, 2010”;
(d) “ autonomous body” means a board, corporation, institution,
organization, authority or body established by Government or, by
or under law, with the aid, wholly or partly of the revenues of the
Province;
Definitions.
(e) “building” means a building or part thereof and includes plinth, wall,
steps, platform, covered area of any kind, tent, jhuggi, enclosure
and the land appurtenant thereto;
(f) “Board” means the Board of Revenue, Sindh;
(g) “Council” means a council as defined in the Sindh Local
Government Ordinance, 2001;
(h) “Director” means an officer appointed by Government;
(i) “Director General” means the Senior Member of the Board;
(j) “encroachment” means unauthorized occupation of or undue
interference with public property;
(k) “Force” means the Anti-Encroachment Force established under
section 17;
(l) “Government” means the Government of Sindh;
(m) “Land” means State Land and it includes benefits arising out of
land and things attached to earth or permanently fastened to
anything attached to the earth and land under water, well, footpath,
road, tunnel, culvert, nala, bridge and street;
(n) “prescribed” means prescribed by rules made under this Act;
(o) “Public Property” means a building, land, place or premises
vesting, in or under the management or control of Government,
local council, autonomous body or registered cooperative society
or such other authority;
(p) “Tribunal” means a Tribunal established under section 12.
3. (1) Government or any authority or officer authorized by Government in
this behalf may require the person directly or indirectly responsible for
encroachment to remove such encroachment together with the structure, if any,
raised by him on the public property, within the period not less than two days as
may be specified in the order.
Explanation: Lessee or licensee who after the expiry of the period of lease or
licence or on determination of such lease or licence, continues to retain
unlawfully possession of any public property shall, for the purpose of this subsection,
be deemed to be responsible for encroachment.
Removal of encroachment
and structures.
(2) The order under sub-section (1) may be served by-
(a) giving or tendering it to the person responsible for
encroachment or any adult male person residing with him;
or
(b) affixing it at a conspicuous place on or near the public
property to which it relates or sending it by Registered
post, UMS, TCS, or publication.
(3) If Government or any authority or officer authorized by Government
under this Act is satisfied that un-authorized construction over the
state land or public property is being carried out, it or he may direct
the person or persons who raised or are raising the un-authorized
construction, to stop the construction and the later shall stop the
unauthorized construction forthwith.
(4) Whosoever including abettor disobeys the directives given to him
under sub-section(3) shall be punished with imprisonment of either
description for a period of six months or with fine not less than fifty
thousand rupees or with both.
4. (1) Any person dissatisfied by the order passed under sub-section (1) of
section 3 may, within three days from the service thereof, prefer a
review petition to Government or any authority or officer who has
passed such order.
(2) Government or, as the case may be, the authority or officer as aforesaid
may, after perusing the review petition filed under sub-section(1) and
giving an opportunity to the petitioner or his duly authorized agent of
being heard, confirm, modify or vacate the order within fifteen days
on receipt of petition.
Review.
5. (1) If any person refuses or fails to vacate the public property or remove
the structure raised thereon after three days from the order under
section 3 duly served on him, or if review petition is filed against
such order, after such review petition is dismissed, he shall be
evicted by such force as may be necessary, by an officer
authorized by Government in this behalf and the structure, if any,
raised by such person on the public property shall vest in
Government, Council, autonomous body, or registered
Cooperative Society as the case may be.
(2) If any officer authorized to take action under sub-section (1) requires
police assistance, he may send such requisition to the officer
incharge of a police station within the local limits of which the
Eviction.
public property is situated and such police officer shall on such
requisition render the required assistance.
6. Where any structure is demolished or removed on eviction under section 5
the cost of demolition or removal of such structure shall be recovered as arrears
of land revenue from the person responsible for the encroachment.
Cost of demolition and
removal of structure.
7. If arrears of rent are payable in respect of any public property by the person
evicted there from, the amount of such arrears with mark-up if any accrued
thereon shall be recovered from such person as arrears of land revenue.
Recovery of arrears of
rent.
8. (1) Any person responsible for encroachment may be punished with
imprisonment of either description for a term which may extend
to ten years but not less than one year and with fine of rupees
equivalent to the market value of the property encroached upon
or with both.
Explanation: The market price for the purpose of this section shall be
determined by a committee comprising Member Board of
Revenue as its convener and Executive District Officer
(Revenue), District Officer (Revenue), Deputy District
Officer (Revenue), Sub-Registrar and Mukhtiarkar
(Revenue) of the concerned area as Members.
Punishment.
(2) An abettor including a public servant who is directly or indirectly
involved in assisting or abetting the offence of encroachment,
shall be punished with imprisonment for a term which may extend
to five years but not less than one year, or with fine which may
extend to five lac rupees or with both.
(3) If the officer incharge of police station willfully fails, to avoid to
provide the necessary police assistance under sub-section(2) of
section 5 the matter shall be reported to the Provincial Police
Officer Sindh for his suspension with immediate effect and
removal from service.
9. Government may, by notification in the official Gazette, direct that any
power exercisable by it under this Act may be exercised by any officer subordinate
to it or council, autonomous body or such other authority.
Delegation of Powers.
10. Out of the fines recovered under section 8 of this Act, any Member of the
Force, or any officer or official, who has shown outstanding performance in
detecting and removing the encroachments, may be given reward as may be
fixed by Government.
Incentive for the Removal
of Encroachment.
11. (1) No Civil Court shall have jurisdiction to entertain any proceedings, Bar of jurisdiction and
abatement of suits.
grant any injunction or make any order in relation to a dispute
that any property is not a public property, or that any lease or
licence in respect of such public property has not been
determined, for the purpose of this Act, or anything done or
intended to be done under this Act.
(2) All suits, appeals and applications relating to, encroachment and dispute
that any property is not a public property or, that any lease or
licence in respect of such property has been determined, for the
purpose of this Act, shall abate on coming into force of this Act.
Provided that a party to such suit, appeal or application may;
within seven days of the coming into force of this Act, file a suit
before a Tribunal in case of a dispute that any property is not a public
property or that any lease or licence in respect of such public property
has not been determined.
12. Government may by notification in the official gazette, establish a
Tribunal for each district consisting of a retired District and Sessions Judge or
any Advocate of ten years standing.
Tribunal.
13. A Tribunal shall have exclusive jurisdiction to adjudicate upon a dispute
that any property is not a public property or that any lease or licence in respect of
such public property has not been determined for the purpose of this Act.
Exclusive jurisdiction.
14. (1) Tribunal shall decide any suit or application in such manner and in
accordance with such procedure as may be prescribed.
(2) Any order made by the Tribunal which conclusively determines the
rights of the parties with regard to all or any of the matters in
controversy shall be final and binding on the parties.
(3) The Tribunal shall have power of a Civil Court under the Code of Civil
Procedure, 1908(Act V of 1908) as to-
(a) summoning and enforcing the attendance of any person and
examining him on the oath;
(b) receiving evidence on affidavit;
(c) compelling the production of documents;
(d) issuing commission for examination of witnesses or
documents.
(4) The proceedings before the Tribunal shall be judicial proceedings within
the meaning of sections 193 and 228 of the Pakistan Penal Code
(Act No. XLV of 1860).
Procedure and Powers of
the Tribunal.
15. Government may transfer any case from one Tribunal to the other. Transfer of case.
16. The orders passed under sections 3, 4, 5 and 13 of this Act shall, if
necessary, be got executed through the Force.
17. Government may for the prevention of encroachment on public property,
to retrieve the possession from the land grabbers and trespassers and to enforce
the provisions of this Act, establish an Anti-Encroachment Force which shall
comprise of the following Senior and junior ranks officers, notified by
Government:-
Establishment of Anti-
Encroachment Force.
SENIOR RANK
i. Director General of Anti-Encroachment Force.
ii. Director of Anti-Encroachment Force in each district who
is preferably a law graduate.
JUNIOR RANK IN EACH DISTRICT
i. Inspector of Anti Encroachment Force, who is atleast a
graduate.
ii. Sub-Inspector of Anti-Encroachment Force;
iii. Ten Constables who are atleast matriculate, provided that
in the City District Karachi there shall be three Anti-
Encroachment Forces.
18. (1) The Superintendence of the Force shall vest in Government.
(2) The Director General, who shall exercise in respect of the force all
powers of Provincial Police Officer under the Police Order 2002 and
this Act.
Superintendence of
Administration of Force.
19. The force shall-
(a) lodge F.I.R., inquire into, investigate and prosecute all
offenders relating to, encroachments, unauthorized occupation
of any public property including an attempt or conspiracy to
commit, or an abetment of any such offence or any offence
committed under this Act;
(b) retrieve possession from the encroachers and trespassers;
(c) arrange and coordinate training of staff;
(d) perform any other related functions which may be assigned to
it by Government;
(e) use such arms, ammunition and equipments as are supplied to
them by Government through the Director General or Director
Functions of the Force.
for the purpose of this Act.
20. (1) The officers of the Force shall for the purpose of any inquiry or
investigation under this Act, have within his jurisdiction, such
powers, including the powers relating to search, arrest of
persons, seizures of property and such duties, privileges and
liabilities as a police officer has in respect of offences under
the code or any other law for the time being in force.
(2) Save when the Director General otherwise directs, a officer of
the Force not below the rank of an Inspector may, for the
purpose of any inquiry or investigation under this Act, exercise
all the powers of an officer-in-charge of the Police station in
any area in which he is for the time being and, when so
exercising such powers, shall be deemed to be the officer-incharge
of police station discharging his functions as such
within the limits of his station including the lodging of the First
Information report.
(3) Without prejudice to the generality of the provisions of subsection
(1) and sub-section (2), any officer of the Force not
below the rank of 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 relating to the
encroachment referred to in this Ordinance or any other law for
the time being in force relating to the offences of
encroachment and trespass provided no person shall be kept in
police custody for more than 24 hours, unless a remand is
obtained from a Judicial Magistrate.
(4) An officer of the Force not below the rank of Inspector,
authorized by the Director General may inquire and investigate
and trace the person or persons responsible for the
encroachment.
(5) Government may, in respect of any case registered by, or under
investigation, of police or any other investigation agency or
authority, by order in writing, entrust inquiry or such
investigation to the Force, and thereupon the Police or other
investigation agency or authority shall transfer the record of
the case to the force.
(6) Government may establish, as many anti-encroachment force
stations, as are required for the efficient functioning for
carrying out the purpose of this Act.
Power of the members of
the Force.
21. All officers excluding ministerial staff of the force, employed on
enforcement duties shall wear such uniform as may be prescribed.
Wearing of Uniform.
22. Any Member of the force, not below the rank of Inspector, may in
performance of his functions, powers and duties, seek assistance from the
concerned police and the concerned police shall render all possible assistance.
Requiring assistance from
the Local Police.
23. (1) It shall be the duty of every officer promptly to obey and to execute
all orders and instructions issued to him by the Director General and
the Director of the concerned district.
(2) Every officer shall be liable to serve wherever he is required to
serve by the Director General.
(3) Every officer who is guilty of any violation of duty or willful
breach or neglect of any of the provision of this Act or of any rule
or regulation or lawful order made by a competent authority, or
who withdraws from his duties without permission, or who,
being absent on leave, fails, without reasonable cause, to report
himself for duty on the expiration of such leave, or on being
recalled to duty earlier or who is engaged without authority in any
employment other than his duty under this Act, or who is guilty of
cowardice, or who applies any unwarrantable personal violence to
any person in his custody, shall be liable to be proceeded against
departmentally, or, on conviction before a Judicial Magistrate, to
imprisonment for a term which may extend to six months, or with
fine which may extend to ten thousand rupees, or with both.
(4) No Court other than the Special Court constituted under section
25 shall take cognizance of an offence punishable under this Act
except upon complaint in writing made by a person authorized in
this behalf by the Director General or the Director.
(5) Any person convicted, under sub-section (3) may within thirty
days from the date of his conviction file an appeal to the High
Court whose decision thereon shall be final.
Liabilities of officers and
members.
24. Every officer of the Force shall be a public servant within the meaning of
section 21 of the Pakistan Penal Code (Act No. XLV of 1860).
Public Servant.
25. For the purpose of providing for speedy trial of offences committed
under this Act, Government may establish, by notification, a Special
Court in each district and a special court for each group of six towns
of the City District.
Establishment of Special
Courts.
26. A Special Court shall consist of a Sessions Judge appointed by
Government after consultation with the Chief Justice of the High Court.
Composition and
appointment of Presiding
Officers of Special Courts.
27. An appeal against the order passed by a Special Court shall lie to the High
Court of Sindh.
Appeal.
28. No suit, prosecution, or other legal proceedings shall lie against any
person in respect of anything which is in good faith done or intended to
be done under this Act.
Indemnity.
29. (1) 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 foregoing
sections, such rules may provide for all or any of the following
matters, namely:-
(a) the terms and conditions of service of the members of the
Force and the qualifications for recruitment to various posts;
(b) the powers and functions of the members of the Force in
relation to the conduct of inquiries and investigations; and
(c) the manner in which rewards may be given to the members of
the Force or to the public or rendering commendable service.
Power to make rules.
30. The Sind Public Property (Removal of Encroachment) Act, 1975, is
hereby repealed.
____________________
Repeal.
BY ORDER OF THE SPEAKER
PROVINCIAL ASSEMBLY OF SINDH
HADI BUX BURIRO
SECRETARY
PROVINCIAL ASSEMBLY OF SINDH
PROVINCIAL ASSEMBLY OF SINDH
NOTIFICATION
KARACHI, THE 26TH OCTOBER, 2010
NO.PAS/Legis-B-21/2010-The Sindh Public Property (Removal of Encroachment) Bill, 2010 having been
passed by the Provincial Assembly of Sindh on 27th September, 2010 and assented to by the Governor of
Sindh on 20th October, 2010 is hereby published as an Act of the Legislature of Sindh.
THE SINDH PUBLIC PROPERTY (REMOVAL OF ENCROACHMENT) ACT, 2010
SINDH ACT NO: XVIII OF 2010
AN
ACT
to provide measures for removal of encroachment from public property
and to retrieve possession;
WHEREAS it is expedient to provide measures for removal of
encroachment from public property and to retrieve possession and for matters
ancillary thereto;
Preamble.
It is hereby enacted as follows :-
1. (1) This Act may be called the Sindh Public Property (Removal of
Encroachment) Act, 2010.
(2) It shall come into force at once and shall be deemed to have taken effect on
and from 8th September, 2010.
Short title and
commencement.
2. In this Act, unless there is anything repugnant in the subject or context-
(a) “abetment” means abetment as defined under section 107 of the Pakistan
Penal Code (XLV of 1860);
(b) “abettor” means a person who abets an offence as described under
section 108 of the Pakistan Penal Code (XLV of 1860);
(c) “Act” means the “Sindh Public Property (Removal of Encroachment)
Act, 2010”;
(d) “ autonomous body” means a board, corporation, institution,
organization, authority or body established by Government or, by
or under law, with the aid, wholly or partly of the revenues of the
Province;
Definitions.
(e) “building” means a building or part thereof and includes plinth, wall,
steps, platform, covered area of any kind, tent, jhuggi, enclosure
and the land appurtenant thereto;
(f) “Board” means the Board of Revenue, Sindh;
(g) “Council” means a council as defined in the Sindh Local
Government Ordinance, 2001;
(h) “Director” means an officer appointed by Government;
(i) “Director General” means the Senior Member of the Board;
(j) “encroachment” means unauthorized occupation of or undue
interference with public property;
(k) “Force” means the Anti-Encroachment Force established under
section 17;
(l) “Government” means the Government of Sindh;
(m) “Land” means State Land and it includes benefits arising out of
land and things attached to earth or permanently fastened to
anything attached to the earth and land under water, well, footpath,
road, tunnel, culvert, nala, bridge and street;
(n) “prescribed” means prescribed by rules made under this Act;
(o) “Public Property” means a building, land, place or premises
vesting, in or under the management or control of Government,
local council, autonomous body or registered cooperative society
or such other authority;
(p) “Tribunal” means a Tribunal established under section 12.
3. (1) Government or any authority or officer authorized by Government in
this behalf may require the person directly or indirectly responsible for
encroachment to remove such encroachment together with the structure, if any,
raised by him on the public property, within the period not less than two days as
may be specified in the order.
Explanation: Lessee or licensee who after the expiry of the period of lease or
licence or on determination of such lease or licence, continues to retain
unlawfully possession of any public property shall, for the purpose of this subsection,
be deemed to be responsible for encroachment.
Removal of encroachment
and structures.
(2) The order under sub-section (1) may be served by-
(a) giving or tendering it to the person responsible for
encroachment or any adult male person residing with him;
or
(b) affixing it at a conspicuous place on or near the public
property to which it relates or sending it by Registered
post, UMS, TCS, or publication.
(3) If Government or any authority or officer authorized by Government
under this Act is satisfied that un-authorized construction over the
state land or public property is being carried out, it or he may direct
the person or persons who raised or are raising the un-authorized
construction, to stop the construction and the later shall stop the
unauthorized construction forthwith.
(4) Whosoever including abettor disobeys the directives given to him
under sub-section(3) shall be punished with imprisonment of either
description for a period of six months or with fine not less than fifty
thousand rupees or with both.
4. (1) Any person dissatisfied by the order passed under sub-section (1) of
section 3 may, within three days from the service thereof, prefer a
review petition to Government or any authority or officer who has
passed such order.
(2) Government or, as the case may be, the authority or officer as aforesaid
may, after perusing the review petition filed under sub-section(1) and
giving an opportunity to the petitioner or his duly authorized agent of
being heard, confirm, modify or vacate the order within fifteen days
on receipt of petition.
Review.
5. (1) If any person refuses or fails to vacate the public property or remove
the structure raised thereon after three days from the order under
section 3 duly served on him, or if review petition is filed against
such order, after such review petition is dismissed, he shall be
evicted by such force as may be necessary, by an officer
authorized by Government in this behalf and the structure, if any,
raised by such person on the public property shall vest in
Government, Council, autonomous body, or registered
Cooperative Society as the case may be.
(2) If any officer authorized to take action under sub-section (1) requires
police assistance, he may send such requisition to the officer
incharge of a police station within the local limits of which the
Eviction.
public property is situated and such police officer shall on such
requisition render the required assistance.
6. Where any structure is demolished or removed on eviction under section 5
the cost of demolition or removal of such structure shall be recovered as arrears
of land revenue from the person responsible for the encroachment.
Cost of demolition and
removal of structure.
7. If arrears of rent are payable in respect of any public property by the person
evicted there from, the amount of such arrears with mark-up if any accrued
thereon shall be recovered from such person as arrears of land revenue.
Recovery of arrears of
rent.
8. (1) Any person responsible for encroachment may be punished with
imprisonment of either description for a term which may extend
to ten years but not less than one year and with fine of rupees
equivalent to the market value of the property encroached upon
or with both.
Explanation: The market price for the purpose of this section shall be
determined by a committee comprising Member Board of
Revenue as its convener and Executive District Officer
(Revenue), District Officer (Revenue), Deputy District
Officer (Revenue), Sub-Registrar and Mukhtiarkar
(Revenue) of the concerned area as Members.
Punishment.
(2) An abettor including a public servant who is directly or indirectly
involved in assisting or abetting the offence of encroachment,
shall be punished with imprisonment for a term which may extend
to five years but not less than one year, or with fine which may
extend to five lac rupees or with both.
(3) If the officer incharge of police station willfully fails, to avoid to
provide the necessary police assistance under sub-section(2) of
section 5 the matter shall be reported to the Provincial Police
Officer Sindh for his suspension with immediate effect and
removal from service.
9. Government may, by notification in the official Gazette, direct that any
power exercisable by it under this Act may be exercised by any officer subordinate
to it or council, autonomous body or such other authority.
Delegation of Powers.
10. Out of the fines recovered under section 8 of this Act, any Member of the
Force, or any officer or official, who has shown outstanding performance in
detecting and removing the encroachments, may be given reward as may be
fixed by Government.
Incentive for the Removal
of Encroachment.
11. (1) No Civil Court shall have jurisdiction to entertain any proceedings, Bar of jurisdiction and
abatement of suits.
grant any injunction or make any order in relation to a dispute
that any property is not a public property, or that any lease or
licence in respect of such public property has not been
determined, for the purpose of this Act, or anything done or
intended to be done under this Act.
(2) All suits, appeals and applications relating to, encroachment and dispute
that any property is not a public property or, that any lease or
licence in respect of such property has been determined, for the
purpose of this Act, shall abate on coming into force of this Act.
Provided that a party to such suit, appeal or application may;
within seven days of the coming into force of this Act, file a suit
before a Tribunal in case of a dispute that any property is not a public
property or that any lease or licence in respect of such public property
has not been determined.
12. Government may by notification in the official gazette, establish a
Tribunal for each district consisting of a retired District and Sessions Judge or
any Advocate of ten years standing.
Tribunal.
13. A Tribunal shall have exclusive jurisdiction to adjudicate upon a dispute
that any property is not a public property or that any lease or licence in respect of
such public property has not been determined for the purpose of this Act.
Exclusive jurisdiction.
14. (1) Tribunal shall decide any suit or application in such manner and in
accordance with such procedure as may be prescribed.
(2) Any order made by the Tribunal which conclusively determines the
rights of the parties with regard to all or any of the matters in
controversy shall be final and binding on the parties.
(3) The Tribunal shall have power of a Civil Court under the Code of Civil
Procedure, 1908(Act V of 1908) as to-
(a) summoning and enforcing the attendance of any person and
examining him on the oath;
(b) receiving evidence on affidavit;
(c) compelling the production of documents;
(d) issuing commission for examination of witnesses or
documents.
(4) The proceedings before the Tribunal shall be judicial proceedings within
the meaning of sections 193 and 228 of the Pakistan Penal Code
(Act No. XLV of 1860).
Procedure and Powers of
the Tribunal.
15. Government may transfer any case from one Tribunal to the other. Transfer of case.
16. The orders passed under sections 3, 4, 5 and 13 of this Act shall, if
necessary, be got executed through the Force.
17. Government may for the prevention of encroachment on public property,
to retrieve the possession from the land grabbers and trespassers and to enforce
the provisions of this Act, establish an Anti-Encroachment Force which shall
comprise of the following Senior and junior ranks officers, notified by
Government:-
Establishment of Anti-
Encroachment Force.
SENIOR RANK
i. Director General of Anti-Encroachment Force.
ii. Director of Anti-Encroachment Force in each district who
is preferably a law graduate.
JUNIOR RANK IN EACH DISTRICT
i. Inspector of Anti Encroachment Force, who is atleast a
graduate.
ii. Sub-Inspector of Anti-Encroachment Force;
iii. Ten Constables who are atleast matriculate, provided that
in the City District Karachi there shall be three Anti-
Encroachment Forces.
18. (1) The Superintendence of the Force shall vest in Government.
(2) The Director General, who shall exercise in respect of the force all
powers of Provincial Police Officer under the Police Order 2002 and
this Act.
Superintendence of
Administration of Force.
19. The force shall-
(a) lodge F.I.R., inquire into, investigate and prosecute all
offenders relating to, encroachments, unauthorized occupation
of any public property including an attempt or conspiracy to
commit, or an abetment of any such offence or any offence
committed under this Act;
(b) retrieve possession from the encroachers and trespassers;
(c) arrange and coordinate training of staff;
(d) perform any other related functions which may be assigned to
it by Government;
(e) use such arms, ammunition and equipments as are supplied to
them by Government through the Director General or Director
Functions of the Force.
for the purpose of this Act.
20. (1) The officers of the Force shall for the purpose of any inquiry or
investigation under this Act, have within his jurisdiction, such
powers, including the powers relating to search, arrest of
persons, seizures of property and such duties, privileges and
liabilities as a police officer has in respect of offences under
the code or any other law for the time being in force.
(2) Save when the Director General otherwise directs, a officer of
the Force not below the rank of an Inspector may, for the
purpose of any inquiry or investigation under this Act, exercise
all the powers of an officer-in-charge of the Police station in
any area in which he is for the time being and, when so
exercising such powers, shall be deemed to be the officer-incharge
of police station discharging his functions as such
within the limits of his station including the lodging of the First
Information report.
(3) Without prejudice to the generality of the provisions of subsection
(1) and sub-section (2), any officer of the Force not
below the rank of 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 relating to the
encroachment referred to in this Ordinance or any other law for
the time being in force relating to the offences of
encroachment and trespass provided no person shall be kept in
police custody for more than 24 hours, unless a remand is
obtained from a Judicial Magistrate.
(4) An officer of the Force not below the rank of Inspector,
authorized by the Director General may inquire and investigate
and trace the person or persons responsible for the
encroachment.
(5) Government may, in respect of any case registered by, or under
investigation, of police or any other investigation agency or
authority, by order in writing, entrust inquiry or such
investigation to the Force, and thereupon the Police or other
investigation agency or authority shall transfer the record of
the case to the force.
(6) Government may establish, as many anti-encroachment force
stations, as are required for the efficient functioning for
carrying out the purpose of this Act.
Power of the members of
the Force.
21. All officers excluding ministerial staff of the force, employed on
enforcement duties shall wear such uniform as may be prescribed.
Wearing of Uniform.
22. Any Member of the force, not below the rank of Inspector, may in
performance of his functions, powers and duties, seek assistance from the
concerned police and the concerned police shall render all possible assistance.
Requiring assistance from
the Local Police.
23. (1) It shall be the duty of every officer promptly to obey and to execute
all orders and instructions issued to him by the Director General and
the Director of the concerned district.
(2) Every officer shall be liable to serve wherever he is required to
serve by the Director General.
(3) Every officer who is guilty of any violation of duty or willful
breach or neglect of any of the provision of this Act or of any rule
or regulation or lawful order made by a competent authority, or
who withdraws from his duties without permission, or who,
being absent on leave, fails, without reasonable cause, to report
himself for duty on the expiration of such leave, or on being
recalled to duty earlier or who is engaged without authority in any
employment other than his duty under this Act, or who is guilty of
cowardice, or who applies any unwarrantable personal violence to
any person in his custody, shall be liable to be proceeded against
departmentally, or, on conviction before a Judicial Magistrate, to
imprisonment for a term which may extend to six months, or with
fine which may extend to ten thousand rupees, or with both.
(4) No Court other than the Special Court constituted under section
25 shall take cognizance of an offence punishable under this Act
except upon complaint in writing made by a person authorized in
this behalf by the Director General or the Director.
(5) Any person convicted, under sub-section (3) may within thirty
days from the date of his conviction file an appeal to the High
Court whose decision thereon shall be final.
Liabilities of officers and
members.
24. Every officer of the Force shall be a public servant within the meaning of
section 21 of the Pakistan Penal Code (Act No. XLV of 1860).
Public Servant.
25. For the purpose of providing for speedy trial of offences committed
under this Act, Government may establish, by notification, a Special
Court in each district and a special court for each group of six towns
of the City District.
Establishment of Special
Courts.
26. A Special Court shall consist of a Sessions Judge appointed by
Government after consultation with the Chief Justice of the High Court.
Composition and
appointment of Presiding
Officers of Special Courts.
27. An appeal against the order passed by a Special Court shall lie to the High
Court of Sindh.
Appeal.
28. No suit, prosecution, or other legal proceedings shall lie against any
person in respect of anything which is in good faith done or intended to
be done under this Act.
Indemnity.
29. (1) 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 foregoing
sections, such rules may provide for all or any of the following
matters, namely:-
(a) the terms and conditions of service of the members of the
Force and the qualifications for recruitment to various posts;
(b) the powers and functions of the members of the Force in
relation to the conduct of inquiries and investigations; and
(c) the manner in which rewards may be given to the members of
the Force or to the public or rendering commendable service.
Power to make rules.
30. The Sind Public Property (Removal of Encroachment) Act, 1975, is
hereby repealed.
____________________
Repeal.
BY ORDER OF THE SPEAKER
PROVINCIAL ASSEMBLY OF SINDH
HADI BUX BURIRO
SECRETARY
PROVINCIAL ASSEMBLY OF SINDH
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