An Ordinance to
provide for the setting up of a National Accountability Bureau so as to
eradicate corruption and corrupt practices and hold accountable all
those persons accused of such practices and matters ancillary thereto;
WHEREAS it is expedient
and necessary to provide for effective measures for the detection,
investigation, prosecution and speedy disposal of cases involving
corruption, corrupt practices, 1[misuse or abuse]of
power 2[or authority], misappropriation of property, taking
ofkickbacks, commissions and for matters connected and ancillary
or incidental thereto;
AND WHEREAS there is an
emergent need for the recovery of outstanding amounts from those persons
who have committed default in the repayment of amounts to Banks,
Financial Institutions, 3[Governmental agencies]and
other agencies;
AND WHEREAS there is a
grave and urgent need for the recovery of state money and other assets
from those persons who have misappropriated or removed such 2[money
or]assets through corruption, corrupt practices and misuse of
power*4 or authority;
5[AND WHEREAS there is an urgent need
to educate the society about the causes and effects of corruption and
corrupt practices and to implement policies and procedures for the
prevention of corruption in the society;]
6[AND
WHEREAS there is an increased international awareness that nations
should co-operate in combating corruption and seek, obtain or give
mutual legal assistance in matters concerning corruption and for matters
connected, ancillary or incidental thereto;]
AND WHEREAS it is
necessary that a National Accountability Bureau be set up so as to
achieve the above aims;
AND WHEREAS the
National Assembly and the Senate stand suspended in pursuance of
the Proclamation of the fourteenth day of October, 1999, and the
Provisional Constitution Order No.1 of 1999, as amended;
AND WHEREAS the
President is satisfied that circumstances exist which 1[render]it necessary to take immediate action;
NOW THEREFORE,
in pursuance of the aforesaid Proclamation and Provisional
Constitutional Order as well as Order No. 9 of 1999, and in
exercise of all powers enabling him in that behalf, the
President of the Islamic Republic of Pakistan is pleased to make
and promulgate the following Ordinance:-
1. This
Ordinance may be called the National Accountability 3*Ordinance,
1999 (No.XVIII of 1999).
2.This Ordinance
shall come into force at once and shall be deemed to have come
into force from the 1st day of January 1985.
3.4[The provisions of
this Ordinance shall have effect notwithstanding anything
contained in any other law for the time being in force.]
4.It extends to
the whole of Pakistan and shall apply to all persons in
Pakistan, 5[all
citizens of Pakistan]and persons who are or have been in
the service of Pakistan wherever they may be, including areas
which are part of Federally and Provincially Administered Tribal
Areas.
5.-(a)
"Accused" shall include a
person in respect of whom there are reasonable grounds to
believe, 6[that he]is or has been involved in
the commission of any offence 7[triable] under this
Ordinance 8*or
is subject of an investigation
9[or] inquiry by the National Accountability Bureau,
or 10[any other agency authorised by the National
Accountability Bureau in this regard under this Ordinance.]
PAGE 03
(b)
"Appropriate Government" means in
relation to any person serving in connection with the affairs of
the Federation, including any person employed by a corporation,
body, financial institution, bank, authority undertaking or any
other organization set up, controlled or administered by or
under the authority of the Federal Government, 1[the
Federal Government and in other cases,] the Provincial
Government 2[or the local government]
concerned.
(c)
"Assets" means any
property owned, controlled by or belonging to any accused,
whether directly or indirectly, or held benami in the name of
his spouse or relatives or associates, whether within or outside
Pakistan 3* which 4[he]cannot
reasonably account 2[for], or for which 4[he]cannot prove payment of full and lawful consideration.
(d)
"Associates" means-
(i)
any 5[person]who is or has been managing the
affairs 6[of] or keeping accounts 7[for]the accused or who enjoys or has enjoyed any benefit from
the assets.
(ii)
any association of persons, body of individuals, partnership
9[firm]or private limited 10[company]within the meaning of Companies Ordinance 1984, of which
11[the accused]is or has been a member,
partner or director or which 12[has]been
promoted, floated, established or run by the 13[accused, whether singly or jointly, with other persons.]
14[(iii)a trustee of any trust declared by the accused, or of
which the accused is also a trustee or a beneficiary; and]
2[(da)
“benamidar” means any person who ostensibly holds or
is in possession or custody of any property of an accused on his
behalf for the benefit and enjoyment of the accused;]
(e) "Chairman
National Accountability Bureau"means a person who is
appointed as such by the President 3***
of Pakistan as mentioned in section 6 (b) hereafter;
(f) "Code"
means the Code of Criminal Procedure, 1898;
4[(fa)
"Conciliation Committee" means the Conciliation Committee
constituted under section 25A;]
5[(g)
“Court” means an Accountability Court which shall
consist of a Judge who shall be appointed by the President of
Pakistan, in consultation with the Chief Justice of the High
Court 6[of
the Province]concerned, 7 *** on such terms and
conditions as may be determined by the President;]
8[(h)
“Judge” means a Judge of a Court who shall be a
serving District and Sessions Judge qualified to be appointed as
Judge of the High Court and includes a Judge, whether serving or
retired District and Sessions Judge, who was appointed Judge of
a Court before the commencement of the National Accountability
Bureau (Amendment) Ordinance, 2001;]
9[(j)
“Deputy Chairman National Accountability Bureau” means
the person appointed as Deputy Chairman of the National
Accountability Bureau by the President;]
(k)
"National Accountability Bureau" means the Bureau set up
and notified under this Ordinance, (hereinafter 10[referred
to] as NAB);
PAGE 05
VII of
1970
(l) "Freezing"
includes attachment, sealing, 1[prohibiting],
holding, controlling 2*
or managing any property either through a Receiver or otherwise
as may be directed by the 3*
Court or Chairman NAB, and in case it is deemed necessary the
disposal thereof, by sale through auction or negotiation subject
to confirmation by the Court or by Chairman 4[NAB]as the case maybe after public notice.
(m) "Holder
of public office" means a person who-
(i) has
been President of Pakistan or the Governor of a Province.
(ii) is,
or has been the Prime Minister, Chairman Senate, Speaker of the
National Assembly, Deputy Speaker National Assembly, Federal
Minister, Minister of State, Attorney General and other Law
Officer appointed under the Central Law Officers Ordinance, 1970
(VII of 1970), Advisor to the Prime Minister, Special Assistant
to the Prime Minister, Federal Parliamentary Secretary, Member
of Parliament, Auditor General, Political Secretary,
5**
Consultant to the Prime Minister and holds or has held a post or
office with the rank or status of a Federal Minister or Minister
of State;
(iii) is,
or has been, the Chief Minister, Speaker Provincial Assembly,
Deputy Speaker Provincial Assembly, Provincial Minister, Advisor
to the Chief Minister, Special Assistant to the Chief Minister,
Provincial Parliamentary Secretary, Member of the Provincial Assembly,
Advocate General including Additional Advocate General and
Assistant Advocate General, Political Secretary, 5**
Consultant to the Chief Minister and who holds or has held a
post or office with the rank or status of a Provincial Minister;
(iv)
is holding, or has held, an office or post in the service of
Pakistan, or any service in connection with the affairs of the
Federation, or of a Province, or of a
PAGE 06
local council
constituted under any Federal or Provincial law relating to the
constitution of local councils 1[co-operative
societies] or in the management of corporations, banks,
financial institutions, 2** firms, concerns, undertakings or any
other institution or organization established, controlled or
administered by or under the Federal Government or a Provincial
Government, other than a person who is a member of any of the
armed forces of Pakistan, 3***except
a person who is, or has been a member of the said forces and is
holding, or has held, a post or office in any public
corporation, bank, financial institution, undertaking or other
organization established, controlled or administered by or under
the Federal Government or a Provincial Government 4[or
notwithstanding anything contained in the Pakistan Army Act,
1952 (XXXIX of 1952), or any other law for the time being in
force, a person who is a civilian employee of the Armed Forces
of Pakistan;]
(v) 5**
has been, the Chairman or Vice Chairman of a zila council, a
municipal committee, a municipal corporation or a metropolitan
corporation constituted under
any Federal or Provincial law relating to local councils; and
"Explanation"
For the purpose of this sub-clause the expressions "Chairman"
and "Vice Chairman" shall include "Mayor" and "Deputy Mayor" as
the case may be, and the respective councilors therein.
6[(va)
is or has been a District Nazim or Naib Nazim, Tehsil Nazim
or Naib Nazim or Union Nazim or Naib Nazim;]
(vi)
7***has
served in and retired or resigned from or has been discharged or
dismissed from the Armed Forces of Pakistan;
PAGE 07
(n)
"Offence" means the offences of corruption and corrupt
practices 1[and other offences] as defined in this Ordinance and includes
2[the offences] specified in the Schedule to this Ordinance.
(o) "PERSON"
3[,unless the context otherwise so requires], includes
in the case of a 4[company
or a body corporate], the sponsors, Chairman, Chief Executive,
Managing Director, elected Directors, by whatever name called,
and guarantors of the company 1[or body corporate]or any one exercising direction or control of
the affairs of such 4[company
or a body corporate] 3***;and in the case of any firm, partnership or sole proprietorship, the
partners, proprietor or any person having 1[any]interest
in the said firm, partnership or proprietorship concern or
direction or control thereof;
(p)
"Property" includes any or all movable and immovable
properties situated within or outside Pakistan; 5*
(q)
"Government Property" means 6[property]belonging to the Government and includes gifts, donations,
financial assistance, grants, aid received or collected in
whatever name or for whatever purpose7[by a holder of public office during the tenure of office; and]
8(r) "Willful default" a person 9[or
a holder of public office] is said to commit an offence
of willful default under this Ordinance if he does not pay 3[,
or continues not to pay,] or return or repay the amount 9[due
from him]to any bank, financial institution, cooperative
society, 10**
Government department , statutory body or an authority
established or controlled by a Government on the date that it
became due
9[as
per agreement containing the obligation to pay, return or repay
or]
according to the laws,
rules, regulations, instructions, issued or notified by 1[the
State Bank of Pakistan, or the bank,] financial institution,
cooperative society, Government Department
2[,] statutory body or an authority established or controlled by a
Government, as the case may be, and a 3[thirty
days notice has been given to 4[such person or holder of public office.]]:
Provided that it
is not willful default under this Ordinance if 5[such
person or holder of public office]was unable to pay,
return or repay the amount as aforesaid on account of any
willful
breach of agreement or obligation or failure to perform
statutory duty on the part of any bank, financial institution,
cooperative society 2[,]
or a Government department 2[,]statutory body or an authority
established or controlled by Government 6[:]
6[Provided further that in the case of default concerning a bank or a
financial institution a seven days notice has also been given to
4[such person or holder of public office]by the Governor, State
Bank of Pakistan:
Provided
further that 7[the]aforesaid thirty days or seven days notice shall not apply
to cases pending trial at the time of promulgation on of the
National Accountability Bureau (Amendment) Ordinance, 2001].
9[5A (1) A Judge of a Court who is a serving District and Sessions
Judge shall hold office for a period of three years from the
date of his initial appointment as such Judge.
(2) An incumbent Judge who on the 24th
April, 2001, is not a serving District and Sessions Judge and
has exercised option to serve as a Judge shall continue for a
period of three years from the date of his initial appointment
as such Judge.
PAGE 09
Pensionery benefits to serving
District and Sessions Judge retiring while serving as Judge of a
Court
National Accountability Bureau:
(3) An incumbent Judge who is a serving District and
Sessions Judge and retires while serving as such Judge shall,
subject to his option, continue for a period of three years from
the date of his initial appointment as such Judge.
(4) A Judge shall not be removed or transferred from
his office before the completion of the term 1[with]his office without consultation of the
Chief Justice of the High Court concerned.
5B.
Where a serving District and Sessions Judge retires while
serving as a Judge of a Court, he shall be entitled to such
pension as would have been admissible to him in his service as
District and Sessions Judge, had he not been appointed as Judge
of a Court, his service as a Judge of a Court being treated as
service for the purpose of calculating that pension.
6.
(a) There shall be constituted a National Accountability Bureau
for the whole of Pakistan.
(i)
There shall be a Chairman NAB to be appointed by the President
in consultation with the 3[Leader
of the House and the Leader of the Opposition in the National
Assembly] for a4[non-extendable] period of 5[four]years on such terms and conditions as may be determined by
the President and shall not be removed except on the grounds of
removal of Judge of Supreme Court of Pakistan 6[:]
7[Provided that the present incumbent of the office of Chairman, NAB, shall
complete the period of four years from the date of his initial
appointment.].
(ii) The
Chairman NAB may, in writing under his hand, addressed to the
President, resign his office.
8[(ba)
A person shall not be appointed as Chairman NAB unless he-
PAGE 10
Deputy Chairman, National
AccountabilityBureau:
(i)
is a retired Chief Justice or a Judge of the Supreme Court or a
Chief Justice of a High Court, or
(ii) is a
retired officer of the Armed Forces of Pakistan equivalent to
the rank of a Lieutenant General; or
(iii) is a retired Federal Government Officer in BPS 22
or equivalent].
(c) Acting Chairman, National Accountability
Bureau: As and when the Chairman NAB is absent or unable to
perform the functions of his office due to any reason
whatsoever, the Deputy Chairman 1[NAB,]
will act as the Chairman NAB, and in case the Deputy Chairman
1[NAB,]
is absent or unable to perform the functions of the office,
2[any
officer of the NAB]duly authorized by the Chairman NAB,
to act as Chairman NAB, 3[shall]act as the Chairman NAB.
7. (a)
There shall be a Deputy Chairman NAB appointed by the 4[President]
in consultation with the Chairman NAB. The Deputy Chairman
1[NAB]shall assist
the Chairman 1[NAB]
in the performance of his duties and 1[shall] carry
out such functions as may be directed by the Chairman 1[NAB].
5[(aa) A person shall not be appointed as Deputy Chairman NAB unless he-
(i) is
or has been an officer of the Armed Forces of Pakistan
equivalent to the rank of a Major General; or
(ii) is or has been a Federal Government officer in BPS
21 or equivalent;]
6[(b)
The Deputy Chairman 1[NAB] shall hold office for
a 1[non-extendable] period of three years and shall
not be removed except on the ground of misconduct as defined in
sub-rule (4) of rule 2 of the Government Servants (Efficiency &
Discipline) Rules, 1973.]
PAGE 11
Prosecutor General Accountability
8.1[(a) (i) The President of Pakistan, in consultation with the 2***Chairman NAB, may appoint any person, who is qualified to be appointed
as a Judge of the Supreme Court, as Prosecutor General
Accountability.
(ii)The Prosecutor General Accountability shall hold independent
office on whole time basis and shall not hold any other office
concurrently.
(iii)The Prosecutor General Accountability shall hold office for a
3[non-extendable]period of three years.
(iv) The
Prosecutor General Accountability shall not be removed from
office except on the grounds of removal of a Judge of Supreme
Court of Pakistan.
(v) The
Prosecutor General Accountability may, by writing under his hand
addressed to the President of Pakistan, resign his office.]
(b) The Prosecutor General 3[Accountability]shall give advice to the Chairman NAB upon such legal
matters and perform such other duties of a legal character as
may be referred or assigned to him by the Chairman NAB and in
the performance of his duties, he shall have the right of
audience in all 4[Courts
established under this Ordinance and all other Courts 3[including
the Supreme Court and a High Court] and Tribunals].
5[(c)
The Prosecutor General Accountability, with the approval of
Chairman NAB 6***,
may appoint Special Prosecutors to conduct prosecution of cases
and to appoint advocates to institute or defend cases, appeals,
petitions, applications and all other matters before any court
7[or
tribunalincluding the High Courts and Supreme Court in
matters arising out of or relating to proceedings under this
Ordinance.]
PAGE 12
Corruption and corrupt practices
1[(d)
In case the Prosecutor General Accountability is absent or
unable to perform the functions of his office due to any reason
whatsoever, any other Law Officer of the NAB, duly authorised by
the ChairmanNAB, shall act as the Prosecutor General
Accountability.]
9 (a) A holder of
a public office, or any other person, is said to commit or to
have committed the offence of corruption and corrupt practices-
(i) if
he accepts or obtains from any person or offers any
gratification directly or indirectly, other than legal
remuneration, as a motive or reward such as is specified in
section 161 of the Pakistan Penal Code (Act XLV of 1860) for
doing or for-bearing to do any official act, or for showing or
for-bearing to show, in the exercise of his official functions,
favour or disfavour to any person, or for rendering or
attempting to render any service or disservice to any person; or
(ii) if
he accepts or obtains or offers any valuable thing without
consideration, or for a consideration which he knows to be
inadequate, fromany person whom he knows to have been,
or likely to be, concerned in any proceeding or business
transacted or about to be transacted by him, or having any
connection with his official functions or 2[from] any person whom
he knows to be interested in or related to the person so
concerned; or
(iii) if he dishonestly or fraudulently misappropriates or
otherwise converts for his own use, or for the use of any other
person, any property entrusted to him, or under his control, or
willfully allows any other person so to do; or
(iv) if he
by corrupt, dishonest, or illegal means, obtains or seeks to
obtain for himself, or for his spouse 3* or dependents or any other
person, any property, valuable thing, or pecuniary advantage; or
(v) if he or any of his dependents or
benamidar owns,
possesses, or has 4[acquired] right or title in any 5[“assets
or holds irrevocable power of attorney in respect of any assets]or
PAGE 13
pecuniary resources disproportionate to his known
sources of income, which he cannot 1[reasonably]account for 2[or maintains a standard of living
beyond that which is commensurate with his sources of income];or
(vi) 2[if hemisuses his authority so as to gain any
benefit or favour for himself or any other person, or 3[renders
or attempts to render]4[or
willfully fails to
exercise his authority to prevent the grant, or rendition of any
undue benefit or favour which he could have prevented by
exercising his authority];
(vii) if he
has issued any directive, policy, or any SRO (Statutory
Regulatory Order) or any other order which grants or 5[attempts
to grant]any 6[undue]
concession or benefit in any taxation matter or law or otherwise
so as to benefit himself or any relative or associate or a
benamidar 1[or any other person]7
8[(viii) if he commits an offence of willful default, 9{;
or }]
10[(ix)
if he commits the offence of cheating as defined in section
415 of the Pakistan Penal Code, 1860 (Act XLV of 1860), and
thereby dishonestly induces members of the public at large to
deliver any property including money or valuable security to any
person; or
(x) if he commits the offence of criminal breach of trust
as defined in section 405 of the Pakistan Penal Code, 1860 (Act
XLV of 1860) with regard to any property including money or
valuable security entrusted to him by members of the public at
large;
PAGE 14
Punishment
for corruption and corrupt practices:
(xi) if
he, in his capacity as a banker, merchant, factor, broker,
attorney or agent, commits criminal breach of trust as provided
in section 409 of the Pakistan Penal Code, 1860 (Act XLV of
1860) in respect of property entrusted to him or over which he
has dominion; and
(xii)if he
aids, assists, abets, attempts or acts in conspiracy with a
person or a holder of public office accused of an offence as
provided in clauses (i) to (xi).]; and
(b)
All offences under this Ordinance shall be non-boilable and,
notwithstanding anything
contained in section 1[426,
491,] 497, 498 and 561 A or any other provision of the Code, or
any other law for the time being in force no Court 2*** shall
have jurisdiction to grant bail to any person accused of any
offence under this Ordinance.
3[(c)
If after completing the investigation of an offence against
a holder of public office or any other person, the Chairman NAB
is satisfied that no prima facie case is made out against
him and the case may be closed, the Chairman NAB shall refer the
matter to a Court for approval and for the release of the
accused, if in custody.]
10. (a)5[A
holder of public office, or any other personwho commits
the offence of corruption and corrupt practices shall be
punishable with 6[rigorous]imprisonment for a
term which may extend to 14 years 7[and with fine] and such of
the assets and 8[pecuniary resources] of such 9[holder
of public office or person, as are]found to be
disproportionate to the known sources of his income or which
10[are]
acquired by money obtained through corruption and corrupt
practices whether in his name or in the name of any of his
dependents, or benamidars
shall be 1***
forfeited to the appropriate Government2[, or the concerned
bank or financialinstitution as the case may be.]
3[(b) The offences specified in the Schedule to
this Ordinance shall be punishable in the manner specified
therein.
(c) 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.
11. Where 4[an accused]found guilty of an
offence is sentenced to pay a fine, 5* * * the amount
of the fine shall in no case be less than the gain derived by
the accused or any relative or associate 6[by the
commission of the offence.].
12.
(a) The Chairman NAB or the Court trying 8[an
accused]for any offence as specified under this
Ordinance, may, at any time, if there 8*** appear
reasonable grounds for believing that the accused has committed
such an offence, order the freezing of his property, 9***
or part thereof, whether in his possession or in the possession
of any relative, associate or person on his behalf.
(b) If the property ordered to be frozen under
sub-section (a) is a debt or other movable property, the
freezing may be made:
(i) by seizure; or
(ii) by appointment of receiver; or
(iii) by prohibiting the delivery of such property to the
accused or to anyone on his behalf; or
PAGE 16
(iv) by
all or any of such or other methods as the Court or the Chairman
NAB as the case may be, deem fit.
(c) If the property ordered to be frozen is immovable,
the freezing shall, in the case of land paying revenue, be made
through the Collector of the district in which the land is
situated, and in all other cases-
(i) by taking possession; or
(ii) by appointment of receiver; or
(iii) by prohibiting the payment of rent or delivery of
property to the accused or to
any other person on his behalf; or
(iv)by
all or any of such methods as the Chairman NAB or the Court may
deem fit:
Provided that
any order of seizure, freezing, attachment or any prohibitory
order mentioned above by the Chairman NAB, shall remain in force
for a period not exceeding 1[fifteen] days unless
confirmed by the 2* Court, where the Reference under
this Ordinance shall be sent by 3[the Chairman]NAB:
Provided further
that notwithstanding 4[anything to the contrary
contained herein,] that the order of 3[Chairman]
NAB or the Court shall be effective from the time of passing
thereof or proclamation thereof in a newspaper, widely
circulated and dispatch at the last known address of the accused
5[either by registered post A.D. or courier service
or 6* * * electronic media as the 7[Court]may deem proper having regard to the facts and circumstances
of the case.]
(d) If the property ordered to be frozen consists of
livestock or is of a perishable nature, the Chairman NAB, or the
Court may, if it deems
PAGE 17
Claim or
objection against freezing
Presumption against accused accepting illegal gratification
proper and
expedient, order the immediate sale thereof and the proceeds of
the sale may be deposited with the Chairman NAB or the Court, or
as either may direct as appropriate.
(e) The powers, duties, and liabilities of a receiver,
if any, appointed under this section shall be the same as those
of a receiver appointed under Order -XL of the Code of Civil
Procedure, 1908 (Act V of 1908).
1[(f) The order of freezing mentioned in sub-sections ‘a’
to ‘e’ shall remain operative until the final disposal of the
case by the Court, and in the event of the acquittal of the
accused, shall continue to remain operative for a period of ten
days after receipt of certified copy of the order of acquittal
2[or release]by NAB, whereafter it shall be
subject to an order by the court in which an appeal, if any, is
filed.
13. (a)
Notwithstanding the provisions of any law for the time being in
force, the 3* Court shall have exclusive jurisdiction
to entertain and adjudicate upon all claims or objections
against the freezing of any property under section 12 above.
Such claims or objections shall be made before the 3*
Court within 14 days from the date of the order freezing such
property.
(b) The Court may for sufficient cause extend the time for
filing such claims or objections for a
period not exceeding additional 14 days.
4[(c)
The accused or any other aggrieved party, whose claim or
objection against freezing of property has been dismissed by the
Court, may, within ten days file an appeal against such order
before the High Court].
14. (a)
Where in any trail of 5[an offence under clauses (i),
(ii), (iii) and (iv) of sub-section (a) of section 9] it is proved that an accused
person has accepted or obtained, or has agreed to accept or
attempted to obtain, for himself or for any other person any
gratification, other than legal remuneration, or any valuable
thing, or any pecuniary advantage from a person or any agent of a
person, for any favour shown or promised to be shown by the
accused, it shall be presumed, unless the contrary is proved,
that he accepted or obtained, or agreed to accept or attempted
to obtain, that gratification or that valuable thing or
pecuniary advantage for, himself or some other person, as the
case may be, as a motive or a reward such as is specified in
section 161 to 163 of the Pakistan Penal Code, 1860 (Act XLV of
1860), or, as the
case may be, without consideration, or for a consideration which
he, believed to be inadequate.
PAGE 18
(b)
Wherein any trial of an offence punishable under-section 165A of
the Pakistan Penal Code, 1860
(Act XLV of 1860)
it is proved
that any gratification, other than legal remuneration or any
valuable thing has been given, or offered to be given, or
attempted to be given, by any accused person, it shall be
presumed, unless the contrary is proved, that he gave or offered
to give, or attempted, to give, that gratification, or that
valuable thing, as the case may be, as a motive or a reward such
as is specified in section 161 to 163 of the said Code; or, as
the case may, be without consideration or for a consideration
which he believed to be inadequate.
(c) In
any trial of an offence punishable under 1[“clause
(v) of sub-section (a) of section 9 of”] this Ordinance, the
fact that the accused person or any other person on his behalf,
is in possession, for which the accused person cannot
satisfactorily account, of 2[assets] or pecuniary
resources disproportionate to his known source of income, or
that such person has, at or about the time of the commission of
the, offence with which he is charged, obtained an accretion to
his pecuniary resources or property for which he cannot
satisfactorily account the Court shall presume, unless the
contrary is proved, that the accused person is guilty of the
offence of corruption and 3*
corrupt practices and his conviction 4[therefore]
shall not be invalid by reason only that it is based solely on
such a presumption.
5[ (d) 6[In any trial]of an offence under
7[clauses (vi) and (vii) of section 9], the burden of
proof that he used his authority, or issued any directive, or authorised the issuance of any policy or statutory rule or order
(SRO), or made any grant or allowed any concession, in the
public interest, fairly, justly, and for the advancement of the
purpose of the enactment under which the authority was used,
directive or policy or rule or order was issued or grant was
made or concession was allowed shall lie on 8[the
accused], and in the absence of such proof the accused shall be
guilty of the offence, and his conviction shall not be invalid
by the reason that it is based solely on such presumption:]
9[Provided that the prosecution shall first make out a
reasonable case against the accused charged under clause (vi) or
clause (vii) of sub-section (a) of section 9.]
PAGE 19
Disqualification to contest elections 1[or to hold
public office.]
Trial of
Offences
15. 2[(a)
Where an accused person is convicted of 3[an offence
under section 9 of this Ordinance]
he shall forthwith cease to hold public office, if any, held by
him and further he shall stand disqualified for a period of ten
years, to be reckoned from the date he is released after serving
the sentence, for seeking or from being elected, chosen,
appointed or nominated as a member or representative of any
public body or any statutory or local authority or in service of
Pakistan or of any Province:
Provided that any accused person who has availed the benefit
of 4[sub-section (b) of section] 25 shall also be
deemed to have been convicted for an offence under this
Ordinance, and shall forthwith cease to hold public office, if
any, held by him and further he shall stand disqualified for a
period of ten years, to be reckoned from the date he has
discharged his liabilities relating to the matter or transaction
in issue, for seeking or from being elected, chosen, appointed
or nominated as a member or representative of any public body or
any statutory or local authority or in service of Pakistan or
of any Province.]
(b) Any person convicted of an offence 5[under
section 9 of this Ordinance] shall not be allowed
to apply for or be granted or allowed any financial facilities
in the form of any loan or advances 6[or other
financial accommodation by] any bank or financial institution
7[owned or controlled by the Government] for a period
of 10 years from the date of conviction.
16. 8[(a) Notwithstanding anything contained in any other law
for the time being in force an accused shall be prosecuted for
an offence under this Ordinance in the Court and the case shall
be heard from day to day and shall be disposed of within thirty
days.]
9[(b) The Court shall sit at such place or places as the
10[Federal] Government may, by order, specify in this
behalf.]
11[(c)
Where more Courts than one have been established at a place, the
Chief Justice of the High court of the Province concerned shall
designate a Judge of any such Court to be an Administrative
Judge and a case triable under this Ordinance shall be filed
before the 12[Court] of the Administrative Judge who
may either try the case himself or, assign it for trial by any
other court established at that place at any time prior to the
framing of the charge.]
PAGE 20
Transfer of
cases
1[(cc) In respect of a case assigned to a Court under sub
section (c), all orders made or proceedings taken before the
assignment shall be deemed to have been made or taken by the
court to which the case has been assigned]
(d) Notwithstanding anything contained in this section,
if in respect of any case relating to an offence triable under
this Ordinance, the Chairman NAB, having regard to the facts and
circumstances of the case may file a reference before any 2* Court established anywhere in Pakistan, and such Court
shall have the jurisdiction to try the same:]
3[16A.
(a) 1Notwithstanding anything contained in any other law for the
time being in force, the Chairman NAB may apply to any court of
law or tribunal that any case involving 4[any]
offence under this Ordinance pending before such court or
tribunal shall be transferred to a Court established under this
Ordinance, then such other Court or Tribunal shall transfer the
said case to any Court established under this Ordinance and it
shall 5[be deemed to be a reference under section 18
of the Ordinance, and it shall] not be necessary for the Court
to recall any witness or again to record any evidence that may
have been recorded.
6[(b) 2In respect of any case pending before a Court,
5[if]Prosecutor General Accountability or any
Special Prosecutor authorised by him in this behalf, having
regard to the facts and circumstances of the case and in the
interest of justice and for the protection and safety of
witnesses, considers it necessary that such case is transferred
for trial, he may apply, for the transfer of the case from any
such Court in one Province to a Court in another Province or
from one 7[Court]in a Province to another
Court in the same Province;
(i) to
the Supreme Court of Pakistan in case the transfer is intended
from a Court in a Province to a Court in another Province; and
(ii) to
the High Court of the Province in case the transfer is intended
from one Court in a Province to another Court in the same
Province;
and the Supreme Court or the High Court, as the case may be, if
it is in the interest of justice, transfer the case from one
1[court] to another 1[court] and the case
so transferred shall be tried under this Ordinance without
recalling any witness whose evidence may have been recorded.
(c) The
accused may also make an application to the Supreme Court for
the transfer of a case from a Court in one Province to a Court
in another Province and to the High Court for transfer of a case
from one Court in a Province to another Court in the same
Province and the Supreme Court or the High Court, as the case
may be, if it is in the interest of justice, transfer the case
from one Court to another Court, and the case so transferred
shall be tried under this Ordinance without recalling any
witness whose evidence may have been recorded.]
2[16-B. The Court shall have the power to punish for contempt
of court with imprisonment for
a term which may extend to six months and with fine which may
extend to one million rupees any person who -
(a)
abuses, interferes with or obstructs the process of the Court in
any way or disobeys any order or direction of the Court;
(b)
scandalizes the Court or otherwise does anything which tends to
bring the Court or a person constituting the Court into hatred,
ridicule or contempt;
(c) does
anything which tends to prejudice the determination of a matter
pending or most likely to come up before the Court; or
(d) does anything, which, by any other law, constitutes
contempt of court.
17. (a)
Notwithstanding anything contained in any other law for the time
being in force, unless there is anything inconsistent with the
provisions to this Ordinance, the provisions of the Code of
Criminal Procedure, 1898 (Act V of 1989), shall mutatis
mutandis, apply to the proceedings under this 5[Ordinance.]
(b) Subject to sub section (a), the provisions of Chapter XXIIA
of the Code shall apply to trials under this Ordinance.
PAGE 22
Cognizance of offences
(c) Notwithstanding anything contained in sub-section
(a) or sub-section (b) or in any law for the time being in force,
the 1* Court may, for reasons to be recorded,
dispense with any provision of the Code and follow such
procedure as it may deem fit in the circumstances of the case.
2[(d)
Notwithstanding anything in section 234 of the Code, a
person accused of more offences than one of the same kind
committed during the space of any number of years, from the
first to the last of such offences, may be charged with and
tried at one trial for any number of such offences.]
18. (a)
The 1* Court shall not take cognizance of any offence
under this Ordinance except on a reference made by 3[the
Chairman NAB or an officer of the NAB duly authorized by him.]
(b) A reference under this Ordinance shall be initiated
by the 4* National Accountability Bureau on—
(i) a reference received from the 5***
appropriate government; or
7[(c)] Where the Chairman NAB, or an officer of the NAB duly
authorized by him, is of the opinion that it is, or may be,
necessary and appropriate to initiate proceedings against any
person, he shall refer the matter for inquiry or investigation.]
(d) The responsibility for inquiry into and investigation
of an offence alleged to have been committed under this
Ordinance shall rest on the NAB to the exclusion of any other
agency or authority, unless any such agency or authority is
required to do so by the Chairman 8[NAB]9[or by an officer of the NAB duly authorized by him].
PAGE 23
(e) The Chairman NAB and such members, officers 1*
or servants of the NAB shall have and exercise, for the purposes
of an inquiry 1* or investigation the power to arrest
any person, and all the powers of an officer-in-charge of a
Police Station under the Code, and for that purpose may cause
the attendance of any person, and when and if the assistance of
any agency, police officer or any other official or agency, as
the case may be, is sought by the NAB such official or agency
shall render such assistance provided that no person shall be
arrested without the permission of the Chairman 2[NAB]
or any officer 2[of NAB]duly authorized by
the Chairman NAB:
(f) Any Inquiry 3[or]Investigation
under this Ordinance shall be completed expeditiously 4***
as may be practical and feasible.
(g) The 5*Chairman NAB, 6[or 7* an
officer of the NAB duly authorized by him, shall appraise the
material and the evidence placed before him during the inquiry
and the investigation, and if he decides that it would be proper
and just to proceed further 8[and there is sufficient
material to justify filing of a reference], he shall refer the
matter to 9[a]Court.
(h) If a complaint is inquired into and investigated by
the NAB and it is concluded that the complaint received was
prima facie frivolous or has been filed with intent to
malign or defame any person, the Chairman 2[NAB]or Deputy Chairman NAB or 10[an officer of the
NAB duly authorised by the Chairman NAB], may refer the matter
to the court, and if the complainant is found guilty he shall be
punishable with imprisonment for a term which may extend to one
year, or with fine or with both.
PAGE 24
Power to
call for information
19.: The
Chairman NAB or 1[an officer of the NAB duly authorised by him]may, during the course of an inquiry 2[or investigation] 3[of
an offence under this Ordinance]:-
(a) call
for information from any person for the purpose of satisfying
himself whether there has been any contravention of the
provisions of this Ordinance or any rule or order made thereunder.
(b)
require any person to produce or deliver any document or thing
useful or relevant to the inquiry2[or investigation];
(c) examine any person acquainted with the facts and
circumstances of the case; 4*
5[(d) require any bank or financial institution,
notwithstanding anything contained in any other law for the time
being in force, to provide any information relating to any
person whosoever, including copies of entries made in a bank’s
or a financial institution’s books such as ledgers, day books,
cash books and all other books including record of information
and transactions saved in electronic or digital form, and the
keepers of such books or records shall be obliged to certify the
copies in accordance with law 6[; and]
7[(e) where there is
reasonable suspicion that any person is involved in or is privy
to an offence under this Ordinance, the Chairman NAB may, with
the prior approval in writing of the High Court concerned,
direct that surveillance of that person may be carried out
through such means as may be necessary in the facts and
circumstances of the case and the Chairman NAB, may in this
regard seek the aid and assistance of any 8[Governmental]agency and the information so collected may be used as
evidence in the trial under this Ordinance:
Provided that the copies obtained or information received or
evidence collected under clauses (d) and (e) shall be 9[kept]
confidential and shall not be used for any purpose other than
for legal proceedings under this Ordinance.
PAGE 25
Reporting of suspicious financial
transactions
International Cooperation Request for mutual legal assistance
20. (a)
Notwithstanding anything contained in any law for the time being
in force, it shall be the duty of all banks and financial
institutions to take prompt and immediate notice of all unusual
or large transactions 1[in
an account], which have no apparently genuine economic or lawful
purpose and upon bonafide professional judgment of the Bank 2[or
financial institution] that such transactions could constitute or
be related to 3[an offence under this Ordinance], the
manager or director of such 4[Bank or] financial institution shall report all such
transactions to the Chairman NAB forthwith by the quickest
possible mode of communication to be confirmed in writing.
(b) Whosoever fails to supply the information in
accordance with subsection (a) shall be punishable with rigorous
imprisonment, which may extend to 5 years, 5[and]with fine. 6***
21. -:
The Chairman NAB or any officer authorized by the Federal
Government may request a Foreign State to do 8[any or
all of]the following acts in accordance with the law of
such State:--
(a) have evidence taken, or documents or other articles
produced;
(b)
obtain and execute search warrants or other lawful instruments
authorizing search for things relevant to investigation or
proceedings in Pakistan believed to be located in that State,
and if found, seize them;
(c)
freeze assets, by whatever processes are lawfully available in
that State, to the extent to which the assets are believed on
reasonable grounds to be situated in that State;
(d)
confiscate articles and forfeit assets to the extent to which
the articles or assets, as the case may be, are believed to be
located in that State;
(e)
transfer to Pakistan any such evidence, documents, things
articles, assets or proceeds realized from the disposal of such
articles or assets 9*
(f)
transfer in custody to Pakistan a person detained in 10[that]state who consents to assist Pakistan in the relevant
investigation or proceedings11;
*12.
PAGE 26
Jurisdiction:
Transfer of property void
1[(g) notwithstanding anything contained in the
Qanun-e-Shahadat Order 1984 (P.O. 10 of 1984) or any other
law for the time being in force all evidence, documents or any
other material transferred to Pakistan by a Foreign Government
shall be receivable as evidence in legal proceedings under this
Ordinance 2[; and]
3[(h) notwithstanding
anything to the contrary contained hereinabove, the Chairman NAB
may, on such terms and conditions as he deems fit, employ any
person or organization, whether in Pakistan or abroad, for
detecting, tracing or identifying assets acquired by an accused
in connection with an offence under this Ordinance, and secreted
or hoarded abroad, or for recovery of and repatriation to
Pakistan of such assets.
22. (a) The Chairman NAB may 4[inquire into and]
investigate any suspected offence, which appears to him on
reasonable grounds to involve 5[an offence under]this Ordinance, and has been referred to him, or of his own
accord.
(b) The Chairman NAB may, if he thinks fit, conduct any such
investigation in conjunction with any other agency or any other
person 6* who is, in the opinion of the Chairman NAB,
a proper Agency or person to be concerned in it.
23. (a)
Notwithstanding anything contained in any other law for the time
being in force after the Chairman NAB has initiated 7[an
inquiry or] investigation into 8[any offence]under this Ordinance, alleged to have been committed by an
accused person, 7[accused]person or any
relative or associate of 7[accused]person or
any other person on his behalf, shall not transfer by any means
whatsoever, 7[or]create a charge on any
9***
property owned by him or in his possession, while the inquiry,
investigation or proceedings are pending before the NAB or the
10* Court; and any transfer of any right; title or
interest or creation of a charge on such property shall be void.
(b) Any person who transfers, or creates a charge on
property in contravention of sub-section (a) shall be punishable
with rigorous imprisonment for a term, which may extend to three
years and shall also be liable to fine not exceeding the value
of the property involved 1[:]
1[Provided that such transfer of any right, title or interest
or creation of a charge on such property shall not be void if
made with the approval of the Court, subject to such terms and
conditions as the Court may deem fit.]
24. (a) The
Chairman NAB shall have the power, at any stage of the 3[inquiry
or] investigation under this Ordinance, to direct that
the accused, if not already arrested, shall be arrested.
(b) If
the Chairman, NAB 2[, or an officer of the NAB duly
authorized by him], decides to refer the case to a Court, such
reference shall contain the substance of the 5[offence
or offences as thecase may be,]alleged to have
been committed by the accused and a copy of such reference shall
be forwarded to the Registrar of the 4*Court to which
the case has been sent to try the accused, and another copy
shall be delivered to the accused.
(c)
The provision of sub-section (a) shall also apply to
cases, which have already been referred to the Court.
6[(d) Notwithstanding anything contained in the Code, where
the holder of a public office or any other person accused of an
offence is arrested by NAB under this Ordinance, NAB shall, as
soon as may be, inform him of the grounds and substance on the
basis of which he has been arrested and produce him before, the
7[Court]8*** within a
period of twenty-four hours of arrest excluding the time
necessary for the journey from the place of arrest to the 7[Court]and such person shall, having regard to the facts and
circumstances of the case, be liable to be detained in the
custody of NAB for the purpose of inquiry and investigation for
a period not exceeding ninety days 9[and the Court
may remand an accused person to custody not exceeding fifteen
days at a time and for every subsequent remand the Court shall
record reasons in writing copy of which shall be sent to the
High Court.]
PAGE 28
Voluntary
return and plea bargain
1[(e) All persons presently in custody shall immediately
upon coming into force of this sub-section, unless previously
produced before 2[a]Court be produced before
such Court as provided in sub-section (d) and the Order
authorizing retention of custody by NAB shall be deemed to relate to the date of arrest;
and]
3[(f) The Chairman NAB may declare and notify any place as
4[a police station or] a sub-jail at his discretion.]
5[25.
(a) Notwithstanding anything contained in
section 15 or in any other law for the time being in force,
where a holder of public office or any other person, prior to
the authorization of investigation against him, voluntarily
comes forward and offers to return the assets or gains acquired
or made by him in the course, or as the consequence, of any
offence under this Ordinance, the Chairman NAB may accept such
offer and after determination of the amount due from such person
and its deposit with the NAB discharge such person from all his
liability in respect of the matter or transaction in issue:
Provided that
the matter is not sub judice in any court of law.
(b) Where
at any time after the authorization of investigation, before or
after the commencement of the trial or during the pendency of an
appeal, the accused offers to return to the NAB the assets or
gains acquired or made by him in the course, or as a
consequence, of any offence under this Ordinance, the Chairman,
NAB, may, in his discretion, after taking into consideration the
facts and circumstances of the case, accept the offer on such
terms and conditions as he may consider necessary, and if the
accused agrees to return to the NAB the amount determined by the
Chairman, NAB, the Chairman, NAB, shall refer the case for the
approval of the Court, or as the case may be, the Appellate
Court and for the release of the accused.
(c) The
amount deposited by the accused with the NAB shall be
transferred to the Federal Government or, as the case may be, a
Provincial Government or the concerned bank or financial
institution, company, body corporate, co-operative society,
statutory body, or authority concerned within one month from the
date of such deposit]
PAGE 29
Payment of
loans, etc.
1[25-A.2[(a) Where 3[an accused personhas been
arrested or is in the custody of NAB or apprehends such arrest
or custody for the investigation of the charge against him of
committing an offence of willful default on account of
non-payment of dues to a bank or financial institution or
Co-operative Society, he may at any stage before or after such
arrest or before, during or after such custody or investigation
apply to the Governor, State Bank of Pakistan for reconciliation
of his liability through the Conciliation Committee and the
Governor may, if he deems fit, refer the matter to the
Conciliation Committee.
(aa)
The Governor, State Bank of Pakistan shall constitute one or
more Conciliation Committees for the purposes
of this Ordinance.
4[(b)
The Conciliation Committee shall consist of a nominee of the
Governor, State Bank of Pakistan, being a senior officer of the
State Bank well qualified in the profession of banking who shall
be the Chairman of the Committee, two nominees of the NAB to be
nominated by the Chairman NAB, two Chartered Accountants to be
nominated by the Governor, State Bank of Pakistan, one Chartered
Accountant to be nominated by the Council of the Institute of
Chartered Accountants of Pakistan, Karachi, such nomination on
to be obtained by the Governor, State Bank of Pakistan, a
Chartered Accountant to be nominated by the 5[accused]and a Chartered Accountant to be nominated by the lender
bank or financial institution.
Explanation. - Where the 6[lender]is a consortium or
group of banks or financial institutions, the lender means the
lead bank or financial institution.
(bb) The Chairman of the ConciliationCommittee
shall convene the meetings and conduct proceedings of the 7[Conciliation]
Committee in the manner he deems fit.
8[(c)
The Conciliation Committee, after examination of the record of
the lending bank or financial institution and the 9[accused]and after hearing the parties through their Chartered 10[Accountants], shall determine the amount outstanding
against the 9[accused]calculated in accordance with law, rules, regulations and
circulars of the State Bank of Pakistan and further determine
the manner and the schedule of repayment having regard to the
facts of each case. The 9[accused], if he so desires,
shall be heard at commencement and before the conclusion of
proceedings:
PAGE 30
Provided that the borrower shall have the right to have access
to, and instruct, the Chartered Accountant representing him
before the Conciliation Committee even if the borrower is in
1* custody, during the proceedings of the
Conciliation Committee.]
(d) The Conciliation Committee shall conclude the
reference within thirty days and its recommendations shall be
recorded by its Chairman and shall contain the views of all
members of the 2[Conciliation]Committee. The
recommendation of the Conciliation Committee shall be submitted
to the 3[Governor, State Bank of Pakistan.]
4[(e) The Governor, State Bank of Pakistan shall consider
the recommendations submitted to him under sub-section (d) and
may accept the recommendations or may, for reasons to be
recorded, pass such other appropriate order thereon as he deems
fit. The acceptance of the recommendations of the 2[Conciliation]Committee or passing any other order as aforesaid shall
constitute the decision of the Governor, State Bank of
Pakistan.]
5[(f) Where the 6[accused]undertakes to
repay the amount as determined by the Conciliation Committee,
the Chairman NAB, with the approval of the Court, may release
the accused.]
7[(g) The
decision of the Governor State Bank of Pakistan shall be
communicated to the Chairman NAB, which shall be binding on him,
except for valid reasons to be recorded in writing subject to
approval of the Court, to be accorded within a period of seven
days.]
8[(h) In the event of failure either of the Conciliation
Committee to conclude the reference within thirty days of the
commencement of the conciliation proceedings or the failure of
the 6[accused]to accept and implement the
decision of the Governor, State Bank of Pakistan regarding the
payment and matters relating thereto, such failure to accept or
implement the decision shall be referred to the 9*
Court subject to the provisions of Section 31D and the Court may
proceed with the case thereafter:
Provided that the period of thirty days may be extended by the
Governor, State Bank of Pakistan by such further period or
periods as he may find necessary having regard to the facts and
circumstances of the case and for reasons to be recorded.]
26. (a)
Notwithstanding anything contained in the Code, at any stage of
2[inquiry, investigation or trial], the Chairman 3[NAB]may, with a view to obtaining the evidence
of any person supposed to have been directly or indirectly
concerned in or privy to any offence, tender a full or
conditional pardon to such a person on condition of his making a
full and true disclosure of the whole of the circumstances
within his knowledge relating to the said offence including the
names of the persons involved therein whether as principals or
abettors or otherwise.
(b) Every person accepting a tender of pardon under
sub-section (a) shall be examined 4[by a Magistrate
and shall also be examined] as a witness in the subsequent
trial.
(c) Subject to sub-section (d), the person to whom
pardon has been granted under this section shall not -
(i) in
the case of a full pardon be tried for the offence in respect of
which the pardon was granted; and
(ii) in
the case of conditional pardon be awarded a punishment or
penalty higher or other than that specified in the grant of
pardon notwithstanding the punishment or penalty authorized by
law.
(d) Where the Chairman NAB certifies that in his
opinion, any person who has accepted such tender has, either by
willfully concealing anything essential or by giving false
evidence through willful or reckless mis-statement, not complied
with the condition on which the tender 5[of pardon]was made, such a person may be tried for the offence in
respect of which the pardon was so tendered, or for any other
offence of which he appears to have been guilty in connection
with the said matter including the offence of giving false
evidence, which he knows or ought to know is false.
(e) Any statement made before 6[a
Magistrate] by a person who has accepted a tender of pardon may
be given in evidence against him at 7[the] trial.
PAGE 32
Power to seek assistance
Appointment of officer and staff
in the National Accountability Bureau
27.: The Chairman NAB, 1[or
an officer of the NAB duly authorized by him,] shall have the
power to seek full and complete assistance and call for all or
any documents and information relevant to or in connection with
any matter or 2[inquiry or investigation]
pending before the NAB, 3[or disposal of any property
surrendered to or seized by the NAB,]from any department
of the Federal Government, Provincial Government, local
authority, bank, financial Institution, person or any authority
and institution or department in the public sector or the
private sector as he may deem it fit and proper to demand or
require, provided that in any case in which a question of
secrecy in involved or is raised at any time, the 4[Chairman
NAB's]decision shall be final.
5[286[(a) The Chairman NAB, or an officer of the NAB duly
authorised by him, may appoint such officers and staff as he may
consider necessary for the efficient performance of 7[the
functions of the NAB]and exercise of powers under this
Ordinance.]
(c) The officers and members of staff
3[of
the NAB]shall be entitled to such salary, allowances and
other terms and conditions of services as the Chairman NAB may,
with the approval of the 9[President], determine.
(d) Subject to sub-section (e) the provisions of the
Civil Servants Act, 1973 (LXXI of 1973), shall not apply to the
persons appointed in 1[or employed by the]
NAB.
(e) Nothing contained in sub-section (d) shall apply to
a person who is a civil servant within the meaning of law
relating to appointments as civil 10[servants]
of the Federation or a Province and is deputed to or posted in
NAB.
11[(f) The Chairman NAB, may appoint advisers, consultants
and experts, on payment of such fee or remuneration as he may
determine, to assist him in performing the functions of the NAB
and the discharge of his duties under this Ordinance.
PAGE 33
Accused to
be competent witness
False
evidence etc.
(g) Notwithstanding anything to contrary contained herein, or
in any law for the time being in force, the Chairman NAB, shall
not be required to consult the Federal Public Service Commission
for making appointments and on matters relating to
qualifications of persons for such appointments and methods of
their recruitment and the qualifications for appointments and
methods of recruitment shall be such as he may by rules
prescribe.
29.1[An
accused] shall be a competent witness for the defence and may
give evidence on oath in disproof of the charges made against
him;
Provided that the accused shall not be compelled to be a
witness against himself:
Provided further
that, where an accused 2* appears as a witness of his
own choice and refuses to answer any question, the Court may
draw such adverse inference from such refusal as it may think
proper.
30. (a)
Notwithstanding anything 3[to the contrary]
contained in 4[this Ordinance]or any other
law 5[for the time being]in force, on
pronouncement of judgment, the 6* Court shall have
the jurisdiction and power to take cognizance of an offense
committed in the course of the investigating or trial of a case
by any officer, any witness, including an expert, who has
tendered false evidence in the case, whether he deposed in court
or not, or any other person, under section 176 to 182 of Chapter
X, or section 191 to 204, or 211 to 223, or 225-A of Chapter XI,
of the Pakistan Penal Code 1860 (Act XLV of 1860 ), or under any
other law relating to false evidence and offences against public
justice, and to summarily try him and award punishment provided
for the offence under the law.
(b)
For the purposes of trial under sub-section (a), the
Court may, as nearly as may be, follow the procedure specified
in Chapter XXII of the Code.
(c) The proceedings under sub-section (a) may be
initiated by the 7*Court on its own accord at any
time after the decision of the case or, in the event that there
is an appeal, after the decision thereof, or on an application
made by the 7* 8[prosecution] 9[or the
accusedtried by the Court, within thirty days.
31. (a)
Notwithstanding anything contained in any other law for the time
being in force, if any person concerned with the inquiry 2[,]investigation and prosecution of a case consciously and
deliberately and with malice 3* compromises, hampers,
misleads, jeopardizes or defeats an 4[inquiry or]investigation of a case under process before NAB or any
concerned agency or authority or the5[Court
or any other Court] he shall be 6[guilty of an
offence under this Ordinance punishable with rigorous
imprisonment for a term which may extend to tenyears].
(b) No person will be proceeded 7[against]
under this section except with the sanction of a committee 8[comprising]the Chairman NAB, Deputy Chairman NAB
and the Prosecutor General Accountability.
9[31-A.
10[(a)] Whoever absconds in order to avoid being
served with any process issued by any Court or any other
authority or officer under this Ordinance or in any manner
prevents, avoids or evades the service on himself of such
process or conceals himself to screen himself from the
proceedings or punishment under this Ordinance shall be guilty
of an offence 11[under this Ordinance]
punishable with imprisonment which may extend to three years
notwithstanding the provisions of section 87 and 88 of 12[Code],
or any other law for the time being in force.
13[(b)
Notwithstanding the provisions of section 18 it shall not be
necessary to file a reference under this section in cases where
a reference is pending before the Court. ]
PAGE 35
Withdrawal
from prosecution
1[Court
to take cognizance of offence with prior approval of the State
Bank.-
Inquiry,
investigation or proceedings in respect of imprudent bank loans,
etc.
14[31-B The Prosecutor General Accountability may, with
the consent of the Court, withdraw from the prosecution of any
11[accused]Person generally
or in respect of any one or more of the offences for which he is
tried and upon such withdrawal:
(i) if it is made before a charge has been framed, the
accused shall be discharged in respect of such offence or
offences; and
(ii) if it is made after a charge
has been framed, he shall be acquitted in respect of such
offence or offences.]
31-C
No Court established under this Ordinance shall take cognizance
of an offence against an officer or an employee of a bank or
financial institution for writing off, waving, restructuring or
refinancing any financial facility, interest or mark-up
without prior approval of the State Bank of Pakistan.
2[31D. Notwithstanding anything contained in this
Ordinance or any other law for the time being in force, no
inquiry, investigation or proceedings in respect of imprudent
loans, defaulted loans or rescheduled loans shall be initiated
or conducted by the National Accountability Bureau against any
person, company or financial institution without reference from
Governor, State Bank of Pakistan.
Provided that
cases pending before any Accountability Court before coming into
force of the National Accountability Bureau (Second Amendment)
Ordinance, 2000, shall continue to be prosecuted and conducted
without reference from the Governor, State Bank of Pakistan.]
3[31EThe Chairman NAB or the Court
may in the facts and circumstances of a case take such measures
as may be considered necessary for the safety, security and
protection of witnesses and their families.]
32
(a) Any 5[person convicted or the Prosecutor General
Accountability, if so directed by 6[the Chairman]NAB,] aggrieved by the final judgment and order of the Court
under this Ordinance may, within ten days of the final Judgment
and order of the 7* Court prefer an appeal to the
High Court of the Province where the Court is situated 8[:]
8[Provided
that no appeal shall lie against any interlocutory order of the
Court].
PAGE 36
Transfer of
pending proceedings
Payment of
bonuses etc:
(b) All Appeals against the final Judgement 1***
filed before the High Court will be heard by a Bench of not less
than two judges constituted by the Chief Justice of High Court
and shall be finally disposed of within thirty days of the
filing of the appeal.
2[(c)
No revision shall lie against any interlocutory order of the
Court]:
Provided that where a persons makes an application for revision under this sub-section, he shall, in support of such application, furnish copies of the reference, documents and order of the Court and the High Court shall dispose of such application within thirty days without calling for the record of the Court;
Provided further that such application shall be made within ten days of the decision of the Court, which shall provide a copy of such decision within three days thereof.
4[33.
Any and all proceedings pending before a
5[court] under the Ehtesab Act, 1997 (IX
of 1997), shall stand transferred to 6[a]
Court as soon as it is constituted under this Ordinance within
the same Province, and it shall not be necessary to recall any
witness or again to record any evidence that may have been
recorded].
7[33A.
There may be paid bonuses or ex-gratia 8[payments]
to the officers and staff of the
9[NAB],
other Government servants, public servants and rewards to
members of public for rendering commendable services in
detection, investigation and prosecution of 10[any offence under
this Ordinance] as may be prescribed by rules]
PAGE 37
Reporting of
public contracts
Measures for
the prevention of corruption and corrupt practices
1[33B.
All Ministries, Divisions and Attached Departments of the
Federal Government, all departments of Provincial and local
governments, statutory corporations or authorities established
by the Federal Government or Provincial Government and holders
of public office shall furnish to NAB a copy of any contract,
entered into by such Ministries, Divisions and Attached
Departments of the Federal Government, all departments of
Provincial Government or local government, statutory
corporations or authorities established by the Federal
Government or Provincial Government or such holder of public
office on its behalf, as the case may be, of the minimum
monetary value of fifty million rupees or more, within such time
as is reasonably practicable from the date of signing such
contract.
33C. The
Chairman NAB, shall from time to time as he deems fit,
constitute committees comprising officers of the NAB or other
persons or organizations from the private or public sectors to—
(a) educate and
advise public authorities, holders of public office and the
community at large on measures to combat corruption and corrupt
practices;
(b) develop,
arrange, supervise, participate in or conduct educational
programmes or media campaigns, and generally to disseminate
information on the detrimental effects of corruption and corrupt
practices and the importance of maintaining the integrity of
public administration;
(c) examine the laws in
force, and also rules and regulations relating to the practice
and procedure of various ministries, departments of the Federal
Government or Provincial Government, statutory or other public
corporations or bodies, and the conduct of holders of public
office and to recommend amendments in such laws, rules or
regulations, as the case may be, in order to eliminate
corruption and corrupt practices;
(d) instruct,
advise and assist any statutory or other public corporation or
bodies or upon request, any organization in the private and
public sector on measures for the reduction and elimination of
corruption and corrupt practices; and
(e) monitor the
implementation of the instructions and advice as aforesaid and
to assess and evaluate the success or otherwise of such
instructions and advice on the reduction and elimination of
corruption and corrupt practices.
PAGE 38
NAB to submit an annual
report
Recovery of amount of fines,
etc., as arrears of land revenue
Power to make
rules
Delegation of
Powers
Repeal
Indemnity
33D. The Chairman NAB shall as soon as possible after the end
of every calendar year but before the last day of March next
following, submit to the President a report of its affairs for
that year which report shall be a public document and on its
publication copies thereof shall be provided to the public at a
reasonable cost.
33E.. Any fine or other sum due under
this Ordinance, or as determined to be due by a Court, shall be
recoverable as arrears of land revenue.]
1[34.
The Chairman NAB may, with the approval of the President, by
notification in the official Gazette, make rules for carrying
out the purposes of this Ordinance.]
2[34A.The Chairman NAB may, by an order in
writing, delegate any of his powers to and authorise performance
of any of his functions by, an officer of the NAB as he may deem
fit and proper, subject to such conditions, if any, as may be
specified in the order, for carrying out the purposes of this
Ordinance.]
35.:
(a)The Ehtesab Act 1997 (Act IX of 1997) shall stand repealed
from the date of promulgation of this Ordinance, provided that
not with standing the repeal of the said Act, any proceedings
pending under Ordinance CXI of 1996, Ordinance No. XX of 1997
and the Ehtesab act, 1997, before any Court established under
the said Act, of 1997 3* or any of the aforesaid
Ordinances amending the same, shall 4[continue under
this Ordinance as transferred under 5*** section 33
to 6[a]Court.
7[(b)
Any case or proceeding pending under the aforesaid
Ordinances and the Act of 1997 immediately before the
commencement of this Ordinance and transferred to any 8[Court]
9***shall be proceeded with and all
subsequent proceedings shall be completed in accordance with,
and under the provisions of, this Ordinance.]
36. No suit, prosecution,
or any other proceedings shall lie against the Federal
Government, Provincial Government, Chairman NAB, or any other
member of the NAB or any person exercising any power or
performing any function under this Ordinance or the Rules made
hereunder for any act or thing which has been done in good faith
or intended to be done under this Ordinance or the rules
thereof.
PAGE 39
Removal of
Difficulties Order
1[37.
If any difficulty arises in giving
effect to any provision of this Ordinance, the 2[Chairman NAB]
3[with the approval of the President], may make such order, not
inconsistent with the provisions of this Ordinance, as may
appear to him to be necessary for the purpose of removing such
difficulty.]
Any
person who aids, abets or through any willful act or
omissions instrumental in the commission of the offence
of willful default or with wrongful intent for illegal
gratification by misuse of power, authority, influence,
nepotism, favouritism writes off, waives, restructures
or refinances illegally, improperly or without
sufficient justification the principal amount of loan on
any
financial facility, interest or markup on any loan or
financial facility provided to any person by any bank or
financial institution, a cooperative society, a
Government
department or an authority established or controlled by
the
Government shall have committed or be deemed to have
committed the offence of corruption or corrupt practices.
Rigorous imprisonment for a term which may extend to
fourteen years and fine.
2.
Refuses to answer questions, or to provide information
to any member of the NAB or any other
agency when required to do so.
Rigorous imprisonment
for a term which may extend to five years
3.
Giving
false information or fabricating false evidence during
inquiry into or investigation of an offence by the NAB
or any agency authorised by the NAB in this regard when
given by-
(a) a complainant, witness or an accused
person or any inquiry officer; and
(b) the
investigator of the National Accountability Bureau
or concerned agency.
Rigorous imprisonment for a term, which may extend to
five years.
Rigorous imprisonment for a term which may extend to ten
years.
4.
Misuse
of authority or power in committing any offence
specified above, by any person holding a public office
including any offence under sections 161 to 165A of the
Pakistan Penal Code (Act XLV of 1860).
Rigorous imprisonment for a term which may extend to
fourteen years
5.
Deceitfully, fraudulently or dishonestly causing loss to
a bank, a financial institution, a co-operative society,
a Government department, a statutory body or an
authority established or controlled by the Federal
Government, a Provincial Government. or a local
government.
Rigorous imprisonment for
a term
which
may extend to fourteen years.”.
* The NAB Ordinance, 1999 and all
rules, notifications and orders made or issued hereunder have
been adapted and applied in the Northern Areas. See
SRO-467(1)/2000, dt. 28-6-2000.
1Subs.by
the National Accountability Bureau (Amdt.) ordinance. 2002(133
of 2002), s.2, for “misuse/abuse”.
2Ins.
ibid.,
3Subs.idid.,
for “government.”
4The
word and oblique “and/” omitted ibid.,
5New
paragraph ins. ibid.,
6New
paragraph ins. by the National Accountability Bureau (Amdt.)
Ordinance. 2001 (35 of 2001), s.2.
REFERENCES PAGE 02
1Subs.
By the National Accountability Bureau (Amdt.) Ordinance. 2002 (
133 of 2002). S.2, for “renders”.
2Subs.
ibid., s.3, for “Tiltle”.
3The
word “Bureau”, omitted ibid.
4Subs.
And shall be deemed always to have been so subs, by the National
Accountability Bureau (Amdt.)
Ordinance, 1999 (19 of 1999), s.2, for the original section 3,
5Ins.
by Ord. No. 133 of 2002, s, 4,
6
Subs. ibid., s5, for “,”.
7Ins.
by the National Accountability Bureau (Amdt.) Ordinance, 2000 (4
of 2000), S.2,
8The
The word and obique “and/” omitted by ords. No. 1336 of 2002,
s.5,
9Subs.
ibid., for “i”
10Subs.
ibid., for “Concerned Agency”.
REFERENCES PAGE 03
1subs.
by the National Accountability Bureau (Admt.) Ordinance,
2002 (133 of 2002), s.5 for “or”.
2Ins.
ibid.,
3The
comma and word for “, for” omitted ibid.,
4Subs.
ibid., for “they”
5Subs.
ibid., for “individual”.
6Subs.
ibid., “for”.
7Subs.
ibid., “of”.
8The
words “referred to above” omitted ibid.,
9Subs.
ibid., for “firms”.
10Subs.
ibid., for “Companies”.
11Subs.
ibid., “such a person”.
12Subs.
ibid., for “have”,
13Subs.
ibid., for “same group of Persons”.
14Subs.ibid.,
for clause (iii).
REFERENCES PAGE 04
1Subs.
by the National Accountability Bureau (Amdt.) Ordinance,
2002 (133 of 2002), s.5, for “clause (iv)”.
2New
clause (da) ins.ibid.,
3The
words “of the Islamic Republic of Pakistan” omitted ibid.,
4New
clause (fa) ins. by the National Accountability Bureau (Amdt.)
Ordinance, 2000 (4 of 2000), s.2.
5Subs.
by the National Accountability Bureau (Amdt.) Ordinance,
2001 (35 of 2001)s.3, for clause (g) which was previously
amended by Ord. No. 24 of 2000, s.2, for original cl. (g).
6Ins
by Ord. No. 133 of 2002, s.5.
7Certain
words omitted ibid.,
8Subs.
by Ord. No. 35 of 2001, S.3, for clause (h).
9Subs.
by Ord. No. 133 of 2002, s.5, for clause (j), which was
previously amended by Ord. No. 24 of 2000, s. 2, for “Chief
Executive”.
10Subs.
ibid., “known”.
REFERENCES PAGE 05
1subs.
by the National Accountability Bureau (Amdt.) Ordinance,
2002 (133 of 2002), 5 for “prohibition”.
2The
word and oblique “and/” omitted ibid.,
3Omitted
by the National Accountability Bureau (Amdt.) Ordinance , 2000
(4 of 2000), s.2.
4Subs.
by Ord. No. 133 of 2002, s.5 for “National Accountability
Bureau”.
5The words “Advisor or” omitted
ibid.,
REFERENCES PAGE 06
1Ins.
by the National Accountability Bureau (Admt.) Ordinance, 2002
(133 of 2002),s.5.
2The
words “co-operative societies” omitted ibid., which was
previously amended by Ord. No. 35 of 2001, s,3.
3Omittted
by the National Accountability Bureau (Admt.) Ordinance, 2001(35
of 2001),s,3.
4Ins.
by Ord. No. 133 of 2002, s, 5.
5The
words “is, or “omitted ibid.,
6New
sub-clause (va) ins, ibid.,
7Omitted
by the National Accountability Bureau (Amdt.) Ordinance, 2000 (4
of 2000), s.2.
REFERENCES PAGE 07
1Ins.
by the National Accountability Bureau (Admt.) Ordinance, 2002
(133 of 2002), s. 5.
2Subs.
by the National Accountability Bureau (Amdt.) Ordinance, 2001
(35 of 2001), s.3 for “those offences as”.
3Ins.
and omitted by the National Accountability Bureau (second
Amdt.)Ordinance, 2000 (24 of 2000). s.2.
4Subs.
by Ord. No. 133 of 2002, s.5, for “Corporate body”.
5The
word “and” omitted ibid.,
6Subs.
ibid.,s.k, for ‘both movable and immovable properties.
7Subs.
ibid., for “during the tenure of office”.
8New
clause (r) added by the National Accountability Bureau (amdt.)
Ordinance 2000 (4 of 2000), s.2.
9Ins.
by Ord. No. 133 of 2002,s.5.
10The
words “or a” omitted ibid., s.5.
REFERENCES PAGE 08
1Subs.
by the National Accountability Bureau (Second Amdt.) Ordinance,
2000 (24 of 2000), s.2.
2Subs.
by the National Accountability Bureau (Amdt.) Ordinance, 2002
(113 of 2002), s.5, for “or a”.
3Subs.
by the National Accountability Bureau (Amdt.) Ordinance, 2001
(35 of 2001), s. .3, for “certain words”.
4Subs
by Ord. No. 133 of 2002, s.5, for ‘the defaulter”.
5Subs.
ibid., for “the accused”.
6Subs.
and added by Ord. No. 35 of 2001, s.3.
7Ins.
by Ord. No. 133 of 2002, s.3.
8The
word “etc” omitted ibid., s.6.
9New
sections 5A and 5B ins. by Ord. No. 35 of 2001. s.4
REFERENCES PAGE 09
1Subs.
by the National Accountability Bureau (Admt.) Ordinance, 2002
(133 of 2002), s.6, for “of”.
2Subs.
by the National Accountability Bureau (Admt.) Ordinance 2001 (35
of 2001), s.5. for sub- section (b), which was previously
amended by various enactments.
3Subs.
by Ords. No. 133 of 2002, s. 7. for “Chief Justice of Pakistan”.
4
Ins. ibid.,
5Subs.
ibid., for “three”.
6Subs.
ibid., for full stop.
7New
proviso added ibid.,
8New
sub-section (ba) added ibid.,
REFERENCES PAGE 10
1Ins.
by the National Accountability Bureau (Amdt.) Ordinance, 2002
(133 of 2002), ss. 7, 8 and 9.
2Subs.
ibid., s.7, for “any other person”.
3Subs.
ibid., for “ to”.
4Subs.
by the National Accountability Bureau (Admt.) Ordinance, 2000
(4 of 2000), s. 4 for “Chief Executive”.
5New
sub-section (aa) ins. by Ord. No. 133 of 2002, s.8.
6Subs.
by the National Accountability Bureau (Amdt.) Ordinance, 2001
(35 of 2001), for sub-section (b).
REFERENCES PAGE 11
1Subs.
by the National Accountability Bureau (Amdt.) ordinance, 2001
(35 of 2001), s.7, for “sub-section (a)’.
2The
words “Chief Justice of Pakistan and” omitted by the National
Accountability Bureau (Amdt.) Ordinance, 2002 (133 of 2002) s.
9.
3Ins.
ibid., ss. 8 and 9.
4Subs.
by the National Accountability Bureau (Amdt.) Ordinance, 2000 (4
of 2000), s.5, for certain words.
5Subs.
by Ord. No. 35 of 2001, s.7, sub-section (c).
6The
certain words omitted by Ord. No. 133 of 2002, s.9.
7Ins.
ibid.,
REFERENCES PAGE 12
1New
Sub-section (d) ins. by the National Accountability Bureau (Amdt.)
Ordinance, 2002 (133 of 2002), s.9.
2Subs.
ibid., s.10, for “from”.
3The
word and oblique ‘and/” omitted ibid.,
4Subs.
by the National Accountability Bureau (Second Amdt.) Ordinance,
2000 (24 of 2000), s.4.
5Subs.
by Ord. No. 133 of 2002, s. 10 for “movable or immovable
property”.
REFERENCES PAGE 13
1Subs.
by the National Accountability Bureau (Amdt.) Ordinance, 2002
(133 of 2002), s. 10, for “reasonable”.
2Ins.
ibid.,
3Subs.
ibid., for “to render or attempt to do so”.
4Added
by the National Accountability Bureau (Second Amdt.) Ordinance,
2000 (24 of 2000), s. 4.
5Subs.
by Ord. No. 133 of 2002, s. 10, for “enables”.
6Ins.
by ord. No. 24 of 2000, s.4.
7Subs.
by the National Accountability Bureau (Amdt.) Ordinance, 2001
(35 of 2000), s. 6. for full stop.
8Added,
ibid.,
9Subs.
by the National Accountability Bureau (Amdt.) Ordinance, 2001
(35 of 2001), s. 8, for full stop.
10Subs
by Ord. No. 133 of 2002, s. 10, for “clause (ix)” which was
previously amended by Ord. No.
REFERENCES PAGE 14
1Ins.
by the National Accountability Bureau (Amdt.) Ordinance, 2000 (4
of 2000), s. 6.
2Added
ibid.,
3Subs.
ibid., for “sub-section (b)”.
4Subs.
ibid., s. 12, for “a person”.
5The
certain words omitted ibid., s. 12.
6Subs.
ibid., for certain words.
7Omitted
by the National Accountability Bureau (Amdt.) Ordinance, 2000 (4
of 2000), s. 7.
8Subs.
by Ord. No. 133 of 2002, s. 13, for “a person”.
9The
words and comma “movable or immovable” omitted ibid.,
10Subs.
ibid., for “person which is,”.
REFERENCES PAGE 15
1The
words “liable to be” omitted by the National Accountability
Bureau (Amdt.) Ordinance, 2002 (133 of 2002), s. 11.
2Added
ibid.,
3Subs.
ibid., for ‘sub-section (b).”
4Subs.
ibid., s. 12, for “a person”.
5The
certain words omitted ibid., s. 12.
6Subs.
ibid., for certain words.
7Omitted
by the National Accountability Bureau (Amdt.) Ordinance, 2000(4
of 2000), s. 7.
8Subs.
by Ord. No. 133 of 2002, s. 13, for “a person”.
9The
words and comma “movable or immovable”, omitted ibid.,
REFERENCES PAGE 16
1Subs.
by the National Accountability Bureau (Amdt.) Ordinance, 2001
(35 of 2001), s.9, for “30”.
2The
word “Accountability” omitted by the National Accountability
Bureau (Amdt.) Ordinance, 2002 (133 of 2002), s. 13.
3Ins.
ibid.,
4Subs.
ibid., for “that”.
5Added
by the National Accountability Bureau (Second Amdt.) Ordinance,
2000 (24 of 2000), s.5.
6The
words “any other mode of” omitted by Ord. No. 133 of 2002.
7Subs.
ibid., for “court”.
REFERENCES PAGE 17
1Subs.
by the National Accountability Bureau (Amdt.) Ordinance, 2001
(35 of 2001), s. 9. for sub-section (f).
2Ins.
by the National Accountability Bureau (Amdt.) Ordinance, 2002
(133 of 2002), s. 13.
3The
word “Accountability” omitted ibid., s. 14.
4Subs.
by Ord. No. 35 of 2001, s. 10, for sub-section (c), which was
previously amended by Ord. No. 4 of 2000, s.8
5Subs.
by Ord. No. 133 of 2002, s. 15, for certain words.
REFERENCES PAGE 18
1Ins.
by the National Accountability Bureau (Amdt.) Ordinance, 2002
(133 of 2002), s. 15.
2Subs.
ibid, for “Property”.
3The
oblique and word “or” omitted ibid:
4Subs.
ibid., for ‘therefore”.
5New
sub-section (d) added by the National Accountability Bureau (Amdt.)
Ordinance, 2000 (4 of 2000), s.9.
6Subs.
by Ord. No. 133 of 2002, s.14, for “where a person is accused”.
7Subs.
ibid., for certain words.
8Subs
ibid., for “him”
9Subs.
and added by the National Accountability Bureau (Amdt.)
Ordinance, 2001 (35 of 2001), s. 11.
REFERENCES PAGE 19
1Added
by the National Accountability Bureau (Amdt.) Ordinance, 2000 (4
of 2000), s. 10.
2Subs.
by the National Accountability Bureau (Amdt.) Ordinance, 2001
Ord. No. (35 of 2001), s. 12, for sub-section (a).
3Subs.
by the National Accountability Bureau (Amdt.) Ordinance, 2002
(133 of 2002), s. 16 for certain words.
4Subs.
ibid., s. 16, for “section”.
5Subs.
ibid for certain words.
6Subs.
by the National Accountability Bureau (Second Amdt.) Ordinance,
2000 (24 of 2000), s. 6, for “from”.
7Subs.
ibid., for “in the public sector”.
8Subs.
ibid., s.17 for “sub-section (a)” which was previously
amended by Ord. No. 4 of 2000, s.11
9Subs.
by Ord. No. 4 of 2000 s. 11 for the original sub-section (b).
10Ins.
by Ord. No. 4 of 2002, s. 17.
11Subs.
by the National Accountability Bureau (Amdt.) Ordinance, 2001
(35 of 2001), s. 13, for sub-section (c).
12Subs.
by Ord. No. 133 of 2002, s.17, for “court”.
REFERENCES PAGE 20
1New
sub-section (cc0. ins. by the National Accountability Bureau (Amdt.)
Ordinance, 2001 (35 of 2001) s. 13.
2The
word “Accountability”. Omitted by the National Accountability
Bureau (Amdt.) Ordinance, 2002 (133 of 2002) s.17.
3New
section 16A added by the National Accountability Bureau (Amdt.)
Ordinance, 2000 (4 of 2000), s. 12.
4Subs.
by Ord. No. 133 of 2002, s. 18. for ‘a Schedule”.
5Ins.
ibid.
6Subs.
by Ord. No. 35 of 2001, s. 14 for sub-section (b).
7Subs.
by Ord. No. 133 of 2002, s. 18. for “court”
REFERENCES PAGE 21
1Subs.
by the National Accountability Bureau (Amdt.) Ordinance, 2002
(133 of 2002) s. 18 for “court”.
2New
section 16B ins. by the National Accountability Bureau (Second
Amdt.) Ordinance 2000 (24 of 2000), s.7.
3Explancation
omitted by the National Accountability Bureau (Amdt.) Ordinance,
2001 (35 of 2001), s.15.
4Subs.
by Ord. No. 133 of 2002, s. 19. for ‘Provision”.
5Subs.
ibid: for “Order”.
REFERENCES PAGE 22
1The
word “Accountability” omitted by the National Accountability
Bureau (Amdt.) Ordinance 2002 (133 of 2002), ss. 19 and 20.
2New
sub-section (d) ins. ibid.
3Subs.
by the National Accountability Bureau (Second Amdt.) Ordinance,
2000 (24 of 2000), s.8. for certain words.
4Omitted
ibid.,
5Omitted
by the National Accountability Bureau (Amdt.) Ordinance, 2000(4
of 2000), s. 13.
6Subs.
by Ord. No. 24 of 2000, s. 8 for “his”.
7Subs.
ibid., for the original sub-section (c).
8Ins.
by Ord. No. 133 of 2002. s. 20.
9Subs.
by Ord. No. 24 of 2000,s. 8 for “or/and Deputy Chairman”.
REFERENCES PAGE 23
1The
word “and oblique and /” omitted by the National Accountability
Bureau (Amdt.) Ordinance
2002 (133 of 2002) s. 20.
2Ins.
ibid.,
3Subs
ibid., for “and”
4Omitted
by the National Accountability Bureau (Second Amdt.) Ordinance,
2000 (24 of 2000), s. 8.
5Omitted
by the National Accountability Bureau (Amdt.) Ordinance, 2000(4
of 2000), s. 13.
6Ins.
by Ord. No. 24 of 2000, s.8.
7Omitted
by the National Accountability Bureau (Amdt.) Ordinance,
Ordinance, 2001 (35 of 2001), s.16.
8Ins.
s. 16.
9Subs.
by Ord. No. 133 of 2002, s. 20, for “an Accountability’.
10Subs.
ibid., for “the prescribed law officer”.
REFERENCES PAGE 24
1Subs.
by the National Accountability Bureau (Amdt.) Ordinance, 2002
(133 of 2002), s. 21, for “any authorized officer”.
2Ins.
by the National Accountability Bureau (Amdt.) Ordinance, 2000 (4
of 2000), s. 14.
3Subs.
by Ord. No. 133 of 2002, s.21, for certain words.
4The
words “and” omitted ibid.,
5Subs.
by the National Accountability Bureau (Amdt.) Ordinance, 2001
(35 of 2001), s. 17. for clause (d).
6Subs.
by Ord. No. 133 of 2002, s. 21, for full stop.
7New
clause (e) added by Ord. No. 35 of 2001, s. 17.
8Subs.
by Ord. No. 133 of 2002, s. 21, for “Government”.
9Ins.
ibid.,
REFERENCES PAGE 25
1Subs.
by the National Accountability Bureau (Amdt.) Ordinance, 2001
(35 of 2001), s.18, for “with context to the”.
2Subs.
ibid. for “Suspicion”.
3Subs.
by the National Accountability Bureau (Amdt.) Ordinance, 2002
(133 of 2002), s. 22, for certain words.
4Ins.
by Ord. No. 35 of 2001, s. 18.
5Subs.
by Ord. No. 133 of 2002, s. 22, for “or”
6The
Comma and words “or with both” omitted ibid.,
7Sub-section
(c) omitted ibid.,
8Ins.
ibid., s. 23.
9Omitted
by Ord. No. 35 of 2001, s. 19.
10Subs.
by Ord. No. 133 of 2002, s. 23, for the foreign”.
11Subs.
by Ord. No. 35 of 2001, s. 19.
12The
word “and” omitted by Ord. No. 133 of 2002, s. 23.
REFERENCES PAGE 26
1New
clause (gI added by the National Accountability Bureau (Amdt.)
Ordinance 2001 (35 of 2001), s. 20.
2Ins.
by the National Accountability Bureau (Second Amdt.) Ordinance,
2000 (24 of 2000), s. 9.
3Ins.
by the National Accountability Bureau (Amdt.) Ordinance, 2002
(133 of 2002), s. 26.
4Ins.
by the National Accountability Bureau (Amdt.) Ordinace 2000 94
of 2000), s. 15.
5Subs.
by Ord. No. 133 of 2002, s. 24, for certain words.
6The
word and oblique “which/” omitted ibid.,
7Ins.ibid.,ss.
25 and 26.
8Subs.
ibid, for “ the offences”.
9The
words “movable or immovable” omitted ibid.,
10The
word “accountability” omitted ibid.,
REFERENCES PAGE 27
1Subs.
and added by the National Accountability Bureau (Amdt.)
Ordinance 2001 (35 of 2001), s. 20.
2Ins.
by the National Accountability (Second Amdt.) Ordinance, 2000
(24 of 2000), s. 9.
3Ins.
by the National Accountability Bureau (Amdt.) Ordinance, 2002
(133 of 2002), s.26.
4Omitted
by the National Accountability Bureau (Amdt.) Ordinance, 2000
(4 of 2000), s.16.
5Subs.
by Ord. No. 133 of 2002, s. 26, for “offence/offences”.
6Subs
by Ord. No. 4 of 2000, s. 16, for the original sub section (d).
7Subs.
by Ord. No. 133 of 2002, s.26, for ‘court’.
8The
words “established under this ordinance” omitted ibid.,
9Subs
by Ord. No. 35 of 2001, s.21.
REFERENCES PAGE 28
1New
sub-section (e) added by the National Accountability Bureau (Amdt.)
Ordinance 2001 (35 of 2001) s.21.
2Subs.
by the National Accountability Bureau (Amdt.) Ordinance, 2002
(133 of 2002), s. 26, for “an Accountability”.
3Sub-section
(e) renumbered as sub-section (f) by the National Accountability
Bureau (Amdt.) Ordinance 2000 (4 of 2000) s.16.
4Ins.
ibid.
5Subs.
by Ord. No. 133 of 2002,s. 27, for “section 25”, which was
previously amended by various enactments.
REFERENCES PAGE 29
1New
section 25A ins. by the National Accountability Bureau (Amdt.)
Ordinance, 2000 (4 of 2000), s. 18.
2Subs.
by the National Accountability Bureau (Second Amdt.) Ordinance,
2000 (24 of 2000), s. 11, for sub-section (a) which was
previously amended by Ord. No. 4 of 2000, s. 18.3
3Subs.
by the National Accountability Bureau (Amdt.) Ordinance, 2002
(133 of 2002), s. 28for “a person”.
4Subs.
by Ord. No. 24 of 2000, s. 11, for sub-section (b).
5Subs.
by Ord. No. 133 of 2002, s. 28, for ‘borrower”.
6Subs.
ibid., for “Leader”.
7Ins.
ibid., s. 28.
8Subs.
by Ord. No. 24 of 2000, s. 11, for sub-section (c).
9Subs.
by Ord. No. 133 of 2002, s. 28, for ‘borrower”.
10Subs.
ibid., for “Accountant”.
REFERENCES PAGE 30
1The
word “the” omitted by the National Accountability Bureau (Amdt.)
Ordinance, 2002 (133 of 2002), s. 28.
2Ins.
ibid.,
3Subs.
by the National Accountability Bureau (Second Amdt.) Ordinance,
2000 (24 of 2000), s. 11, for the “Chairman NAB”.
4Subs.
ibid., for sub-section (e).
5Subs.
by the National Accountability Bureau (Amdt.) Ordinance, 2001
(35 of 2001), s. 23 for sub-section (f), which was previously
amended by Ord. No. 24 of 2000, s. 11.
6Subs.
by Ord. No. 133 of 2002, s. 28. for “borrower”.
7Subs.
by Ord. No. 35 of 2001, for sub-section (g).
8Subs.
by Ords. No. 24 of 2000, s. 11, for sub-section (h).
9The
word “Accountability” Omitted by Ord. No. 133 of 2002, s. 28.
REFERENCES PAGE 31
1Certain
words omitted by the National Accountability Bureau (Amdt.)
Ordinance, 2002 (133 of 2002), s. 29.
2Subs.
Ibid., “investigation or inquiry” .
3Ins.
ibid.,
4Ins.
by the National Accountability Bureau (Second Amdt.) Ordinance,
2000 (24 of 2000), s. 12.
5Ins.
by Ord. No. 133 of 2002, s. 29.
6Subs.
by Ord. No. 24 of 2000, s. 12, for certain words.
7Subs.
ibid., “such”.
REFERENCES PAGE 32
1Ins.
by the National Accountability Bureau (Second Amdt.) Ordinance,
2000 (24 of 2000), s. 13.
2Subs.
by the National Accountability Bureau (Amdt.) Ordinance, 2002
(133 of 2002) s. 30, for “proceeding”.
3Ins.
ibid., ss 30 and 31.
4Subs.
ibid., for “Chairman’s”.
5Subs.
by the National Accountability Bureau (Amdt.) Ordinance, 2000 (4
of 2000), s. 19 for the Original section 28
6Subs.
by Ord. No. 24 of 2002, s. 14, for sub-section (a), which was
previously amended by Ord. No. 4 of 2000, s. 19.
7Subs.
by the Ord. No. 133 of 2002, s. 31, for “his functions” .
8Subs-section
(b) omitted ibid.,
9Subs-ibid.,
for “Chief Executive”.
10Subs.
ibid., for “servant”.
11New
sections (f) and 9g) added ibid.,
REFERENCES PAGE 33
1Subs.
by the National Accountability Bureau (Amdt.) Ordinance 2002
(133 of 2002), s. 32, for certain words.
2The
word “person” omitted ibid.,
3Ins
ibid., ss. 33 and 34.
4Subs.
ibid., for the “preceding provisions”.
5Subs.
ibid., for “already”.
6The
word ‘Accountability” omitted ibid.,
7Omitted
by the National Accountability Bureau (Amdt.) Ordinance, 2000 (4
of 2000), s. 20.
8Subs.
by the National Accountability Bureau (Amdt.) Ordinance, 2001
(35 of 2001), s. 24, for “Prosecutor”.
9Subs.
by Ord. No. 133 of 2002, s. 33, for “of the person accused of an
offence”.
REFERENCES PAGE 34
1Amended
by the National Accountability Bureau (Amdt.) Ordinance 2000 (4
of 2000), s.21
2Subs.
by the National Accountability Bureau (Amdt.) Ordinance 2002
(133 of 2002), s. 34. for “and”.
3The
word “aforethought” omitted ibid.,
4Subs.
ibid., ss. 33 and 34.
5Subs.
ibid., for “any court or an court” which was previously
amended by Ord. No. 4 of 2000, s.21.
6Subs.
ibid., for certain words.
7Subs.
ibid., for “with”.
8Subs.
ibid., for “composing”.
9New
section 31A, 31B and 31C, ins. by Ord. No. 4 of 2000, s. 22.
10Relettered
as sub-section (a) by Ord. No. 133 of 2002, s. 35.
11Ins.
ibid., ss. 35 and 36
12Subs.
ibid., for “Code of Criminal Procedure, 1898”.
13New
sub-section (b) added ibid.,
14Subs.
by the National Accountability Bureau 9Amdt.) Ordinance, 2001
(35 of 2001), s. 25, or section 31B.
REFERENCES PAGE 35
1Ins.
by the National Accountability Bureau (Second Amdt.) Ordinace.
2000 (24 of 2000), s. 15.
2New
section 31D ins. ibid., s. 16.
3New
section 31E, ins. by the National Accountability Bureau (Amdt.)
Ordinance, 2001 (35 of 2001), s. 26.
4added
by the National Accountability Bureau (Amdt.) Ordinance, 2002
(133 of 2002), s. 37.
5Subs.
by the National Accountability Bureau (Amdt.) Ordinance, 2000
(4 of 2000), s. 23, for “Party to the Proceedings”.
6Ins.
by Ord. No. 133 of 2002, s. 37.
7The
word “Accountability” omitted ibid.,
8Subs.
and ins. by Ord. No. 35 of 2001, s. 27.
REFERENCES PAGE 36
1Omitted
by the National Accountability Bureau (Second Amdt.) Ordinance,
2000 (24 of 2000), s. 15.
2Subs.
by the National Accountability Bureau (Amdt.) Ordinance, 2002
(133 of 2002), s. 37, for “sub-section (c)” which was previously
amended by various enactments.
3Omitted
by the National Accountability Bureau (Amdt.) Ordinance, 2001
(35 of 2001), s. 27.
4Subs.
and shall be deemed always to have been so subs. by the National
Accountability Bureau (Amdt.) Ordinance, 1999 (19 of 1999, s.2,
for the original section 33.
5Subs.
by Ord. No. 133 of 2002, s. 38, for “Court”.
6Subs.
ibid., for “an Accountability”.
7New
section 33A ins. by Ord. No. 35 of 2001, s. 28.
8Subs.
by Ord. No. 133 of 2002, s. 39. for “payment “.
9Subs.
ibid., for “National Accountability Bureau”.
10Subs.
ibid., for certain words.
REFERENCES PAGE 37
1New
section 33B, 33D and 33E ins. by the National Accountability
Bureau (Amdt.) Ordinance, 2002 (133 of 2002), s. 40.
REFERENCES PAGE 38
1Subs.
by the National Accountability Bureau (Amdt.) Ordinance,
2002(133 of 2002), s. 41, for section 34, which was previously
amended by Ord. No. 4 of 2000, s.24, for certain words.
2New
section 34A ins. by the National Accountability Bureau (Amdt.)
Ordinance 2001 (35 of 2001), s. 29.
3The
word “and/” omitted by Ord. No. 133 of 2002, s. 42.
4Subs.
by the National Accountability Bureau (Amdt.) Ordinance, 2000 (4
of 2000), s. 25, for certain words, which was previously ins. by
Ord. No. 19 of 1999. s.4.
5Omitted
by Ord. No. 35 of 2001, s. 30.
6Subs.
by Ord. No. 133 of 2002, s. 42, for “an Accountability”.
7Subs.
by Ord. No. 4 of 2000, s. 25, for the original sub-section (b).
8Subs.
by Ord. No. 133 of 2002, s. 42, for “court”.
9The
words “established under this Ordinance” omitted ibid.,
REFERENCES PAGE 39
1Subs.
by the National Accountability Bureau (Amdt.) Ordinance, 2001
(35 of 2001), s. 31. for section 37.
2Subs
by the National Accountability Bureau (Amdt.) Ordinance, 2002
(133 of 2002), s. 43 for “President”.
3Subs.
ibid., for certain words.
4Subs.
ibid., for “the Schedule” which was previously amended by
various enactment.
5
S.# 6 to 14 included in the Schedule
vide Law Division’s notification SRO (I)/2003 dated 20-11-2003
(F.# 1(3)-Admin-V).
PAGE 01
