Offences in Respect of Electricity (Emergency Provisions) Ordinance, 1998
Ordinance XIX of 1998
An ordinance to make emergency provisions to combat stealing of
WHEREAS the menace of stealing of electricity is rampant necessitating
calling upon the Armed Forces of Pakistan to act in aid of civil power to
suppress the said menace and to provide for speedy trial of offences relating
to stealing of electricity and matters connected therewith;
AND WHEREAS the National Assembly is not in session and the President is
satisfied that circumstances exist which render it necessary to take immediate
NOW, THEREFORE, in exercise of the power conferred by clause (1) of Article
89 of the Constitution of the Islamic Republic of Pakistan, the President is
pleased to make and promulgate the following Ordinance:-
- Short title, extent and commencement:-
- This Ordinance may be called the Offences in respect of Electricity (Emergency Provisions) Ordinance,
- It extends to such areas in which the Armed Forces are called upon to
act in aid of civil power under Article 245 of the Constitution of the Islamic
Republic of Pakistan to combat the menace of stealing of electricity.
- It shall come into force at once.
- Trial of offences:-
Whoever commits any offence punishable under section
39, section 39A or section 44 of the Electricity Act, 1910 (IX of 1910), shall
be tried in accordance with the provisions of this Ordinance.
- Convening of courts. -
The person or authority empowered to convene a
court martial under Chapter IX of the Pakistan Army Act, 1952 (XXXIX of 1952),
may convene as many trial courts as may be necessary to try offences triable
under this Ordinance including convening of courts of appeals to hear appeals
against the decisions made and sentences passed by the trial courts.
- Jurisdiction. -
Where the person or authority competent to convene a
court under section 3 is of the opinion that it will be conducive to achieve
the objects for which the Armed Forces have been called in the aid of the civil
power that a person accused of any of the offences specified in section 2
should be tried in accordance with the provisions of this Ordinance, it may
convene a court for the trial of such person.
- Powers of the court.-
- A trial court convened under section 3 shall,
notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act
V of 1898) (the Code ) or any other law for the time being in force, have the
power to try any person who has committed any offence specified in section 2 in
any area in which the Armed Forces are called upon to act in aid of civil power
to combat the menace of stealing of electricity.
- Subject to the provisions of this Ordinance and the rules made under it,
for trial of the offences under this Ordinance, the procedure provided for in
the Pakistan Army Act, 1952 (XXXIX of 1952), and, subject to the rules made
under this Ordinance, the rules made under the said Act shall apply.
- Investigation. -
- Subject to sub-section (2), the investigation of the
offence specified in section 2, shall be conducted in accordance with the
provisions of the Code.
- Notwithstanding anything contained in section 50 of the Electricity Act,
1910 (IX of 1910), and officer of the Armed Forces acting in aid of civil power
for the purpose of this Ordinance may initiate or take over investigation of
any case and in conducting investigation such officer shall have and exercise
the powers of an officer-in-charge of a police station under the Code.
- Where the investigation of the case has been taken over or initiated
under sub-section (2), no other agency including the police shall, except to
the extent authorised by the officer of the Armed Forces, investigate such
- An appeal against the final judgment of the trial court shall
lie to the court of appeals.
- Copies of the judgment of the trial court shall be supplied free of cost
to the accused and the person prosecuting on the day the judgment is
- An appeal under-sub-section (1) may be preferred by a person sentenced
by a trial court within thirty days of the passing of the sentence.
- The person prosecuting the accused may with the approval of the Chief of
the Army Staff file an appeal against an order of acquittal or inadequacy of
the sentence passed by a trial court within thirty days of such order.
- The trial court and the courts of appeals shall decide the case with
- Finality of judgment. -
A judgment or order passed, or sentence awarded
by a trial court shall, subject to the result of an appeal under this
Ordinance, be final and shall not be called in question in any court.
- Offences to be cognizable and non-bailable.
- The offences triable under this Ordinance shall be cognizable and non-cognizable.
- The trial court and court of appeals shall not release any accused on
- Indemnity -
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 Ordinance.
- Ordinance to override other laws. -
The provisions of this Ordinance
shall have effect notwithstanding anything contained in any other law for the
time being in force.
- Proceedings to be finalized under the Ordinance:-
Where a trial court
has taken cognizance of a case under this Ordinance, the trial and appeal
relating to such case shall be finalized in accordance with the provisions of
this Ordinance notwithstanding that the direction calling upon the Armed Forces
to act in aid of civil power to combat the menace of stealing of electricity
has been withdrawn.
- Power to make rules
- The Federal Government may, by notification in the official Gazette, make
rules for carrying into effect the provisions of this Ordinance.
- Without prejudice to the generality of the powers conferred by
sub-section (1) such rules may provide for the procedure to be observed by the
courts convened under this Ordinance.