Although federal Investigation Agency ( FIA ) is under the federal government and it conducts its operations with the directions of Federal government. But it carries out its prevention, investigation, and prosecution operations under FIA Act 1974. This act extends to all Pakistan and applied to all Pakistani citizens.
What is the FIA Act 1974 and why it is important to learn before applying for FIA? Many who dreams to join FIA ( FEDERAL INVESTIGATION AGENCY) Pakistan should learn details of the FIA ACT 1974 Because During enrollment procedures, in written exams, many will be asked questions related to FIA ACT 1974.
FIA Act 1974
1.Short title, extent and commencement :
1. This Act may be called the Federal Investigation Agency Act 1974.
2. It is extended to the whole of Pakistan.
3. It also applied to all citizens of Pakistan and public servants.
4. It shall come to force at once.
5. Agency means the Federal Investigation Agency constituted under section 3.
6. Code means the code of criminal procedure, 1898 (Act V of 1898).
7. Director General means the Director General of the Agency.
8. Provincial Police means the police constituted by Provincial Government under the Police Act 1861.
9. Special Police means the Pakistan special Police Establishment Constitution under the Pakistan Special Police Establishment Ordinance 1948, ( VII of 1948).
10. Public Servant means Public Servant as defined in section 21 of the Pakistan Penal Code (Act XLV of 1860)
11. Public servants include an employee of any corporation or other body or organisation set up or controlled or administered by or under the authority of the Federal Government.
12. Specified Person means the Persons who were appointed the posts in or under a Provincial Police in pursuance of Article 3 of the special police and provincial police Amalgamation ordinance, 1962 (P.O No.1 of 1962)
13. Rules mean rules made under this act 3rd January 1973.
3. Constitution of the Agency:
14. Federal Government may constitute an Agency to be called the Federal Investigation Agency.
15. It is for the inquiry into, and investigation of the offence specified in the schedule, including an attempt or conspiracy to commit, and abetment of any such offence.
16. The agency shall consist of :
1. Director General by the Federal Government.
2. A such number of other officers as the Federal Government may from time to time appointed to be members of the Agency.
4. Superintendence and Administration of the Agency:
• The superintendence of the Agency shall vest in the Federal Government.
• The administration of the Agency shall vest in the Director-General.
• DG has such of the powers of an Inspector General of the Police under the Police Act, 1861 ( V of 1861)
• As may be prescribed by rules.
5. Power of the members:
• Any order which the Federal Government may make in this behalf
It’s for the purpose of inquiry or investigation under this Act.
Powers have throughout Pakistan, including powers relating to
2. The arrest of the persons
3. Seizure of the property.
Such duties, privilege, and liabilities as the officer of the provincial police have in relation to the investigation of the officers under the code or any other law for the time being in force.
• A member of the Agency not below the rank of sub-inspector may
For the purpose of any inquiry or investigation under this Act,
Exercise any of the powers of an officer-in-charge of a police station in an area he is for the Time being.
• Any member of the Agency not below the rank of Sub Inspector authorized by the Director-General in his behalf
May arrest without warrant any person who has committed.
Under section 1 of section 3.
• A member exercise the power of an officer-in-charge of a police station,
Including any place declared, generally or especially,
By the Federal Government
To be a Police Station within the meaning of the code.
• Any property which is the subject matter of the investigation is likely to be
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 of any person who is for time being possession thereof.
(Not to remove, transfer or otherwise dispose of such property )
• Any contravention of an order made under sub-section (5) shall be punishable with rigorous imprisonment for a term which may be
Extended 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
Deputy Directors (Law)
Of the agency shall be deemed to be Public Prosecutors and shall be competent to institute and conduct any proceedings in the case sent up for trial by the Agency in the special courts constituted under any law and the court 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. A 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.
No suit, Prosecution or other legal proceedings 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 rules.
9. Powers to make Rules:
• The Federal Government may by notification in official Gazette, make rules for carrying out the purpose of this Act.
• 1. In particular and without prejudice to the generality of the foregoing power the terms and conditions of services of the Director-General and other members of the Agency and qualification for recruitment to various posts.
2. The powers and functions of the members of the agency in relation to the conduct of the inquiries and investigation.
4. The nature and extent of the assistance with the Agency may provide to provincial investigation Agencies.
5. The powers of the Inspector General of the Police under the Police Act, 1861 (V of 1861), which shall be exercisable by the Director-General and the manner in which reward may be given to the members of the Agency or of the public for rendering commendable services.
• 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),
Hereafter referred to respectively as the said ordinance and the said order are hereby repealed.
• Upon the repeal of the said ordinance
1. All persons who were members of the special police immediately before such repeal, including the specified persons, shall stand entitled to the same terms and conditions to which they were entitled immediately before such repeal.
2. 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 subsection (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 be subsection (3) as may,
Within 30 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.
• A specified person referred to in clause (a) of subsection (2)
And a person in respect of whom a direction is issued under subsection (4),
Shall upon the repeal of the said ordinance or,
As the case may be, 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 the service to which he was entitled immediately before such repeal or the issue of such direction. Source.
Written by: Ayesha Malik
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