1
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Title
This Ordinance may be called the National Accountability Bureau Ordinance,
1999 (No XVIII of 1999).
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2
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Commencement
This Ordinance shall come into force at once and shall be deemed to have come
into force from the 1st day of January 1985.
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3
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Ordinance
to override other laws
The provisions of this Ordinance shall have effect notwithstanding anything
contained in any other law for the time being in force.
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4
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Application
It extends to the whole of Pakistan and shall apply to all persons in
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.
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5
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Definitions
a
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"Accused"
shall include a person in respect of whom there are reasonable grounds to
believe, is or has been involved in the commission of any offence triable
under this Ordinance and/or is subject of an investigation/inquiry by the
National Accountability Bureau, or concerned Agency.
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b
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"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 or the Provincial Government concerned.
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c
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"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, for which they
cannot reasonably account, or for which they cannot prove payment of full
and lawful consideration.
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d.
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"Associates"
means:-
i.
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any
individual who is or has been managing the affairs for or keeping
accounts of the accused or who enjoys or has enjoyed any benefit from the
assets referred to above.
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ii.
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any
association of persons, body of individuals, partnership firms or private
limited companies within the meaning of Companies Ordinance 1984, of
which such a person is or has been a member, partner or director or which
have been promoted, floated, established or run by the same group of
persons.
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iii.
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any
trustee of a Private Trust.
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iv.
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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.
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e.
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"Chairman
National Accountability Bureau" means a person who is appointed as
such by the President of the Islamic Republic of Pakistan as mentioned in
Section 6 (b) hereafter.
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f.
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"Code"
means the Code of Criminal Procedure, 1898.
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fa.
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"Conciliation
Committee" means the Conciliation Committee constituted under section
25A;
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g.
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"Court"
means an Accountability Court
which shall consist of a Judge who shall be appointed by the President of
Pakistan after consultation with the Chief Justice of Pakistan through
notification in the official Gazette.
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h.
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"Judge"
means a person who has been a Judge of the High Court, is, or has been a
District & Sessions Judge qualified to be a Judge of the High Court or
any lawyer who is qualified to be a Judge of the High Court.
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j.
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"Deputy
Chairman" means the person appointed as Deputy Chairman of the
National Accountability Bureau by the Chief Executive of the Islamic
Republic of Pakistan.
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k.
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"National
Accountability Bureau" means the Bureau set up and notified under this
Ordinance, (hereinafter known as NAB).
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l.
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"Freezing"
includes attachment, sealing, prohibition, holding, controlling and/or
managing any property either through a Receiver or otherwise as may be
directed by the 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 National Accountability Bureau as
the case may be after public notice.
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m.
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"Holder
of Public Office" means a person who :-
i.
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has been
the President of Pakistan or the Governor of a Province.
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ii.
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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,
Advisor or 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;
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iii.
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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, Advisor or Consultant to the Chief Minister and who holds or
has held a post or office with the rank or status of a Provincial
Minister;
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iv.
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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 local council constituted under any Federal or
Provincial law relating to the constitution of local councils, or in the
management of corporations, banks, financial institutions, 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, or for the time being is
subject to any law relating to any of the said forces, 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;
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v.
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is, or
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.
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.
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vi.
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has
served in and retired or resigned from or has been discharged or
dismissed from the Armed Forces of Pakistan.
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n.
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"Offence"
means the offences of corruption and corrupt practices as defined in this
Ordinance and includes those offences as specified in the Schedule to this
Ordinance.
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o.
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"PERSON"
includes in the case of a corporate body, the sponsors, Chairman, Chief
Executive, Managing Director, elected Directors, by whatever name called,
and guarantors of the company or any one exercising direction or control of
the affairs of such corporate body, but will not include employees
appointed and designated as Director or Chief Executive; and in the case of
any firm, partnership or sole proprietorship, the partners, proprietor or
any person having interest in the said firm, partnership or proprietorship
concern or direction or control thereof.
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p.
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"Property"
includes any or all movable and immovable properties situated within or
outside Pakistan.
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q.
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"Government
Property" means both moveable & immovable properties belonging to
the Government and includes gifts, donations, financial assistance, grants,
aid received or collected in whatever name or for whatever purpose during
the tenure of office.
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r.
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"Wilful
Default": a person is said to commit an offence of wilful default
under this Ordinance if he does not pay or return or repay the amount to
any bank, financial institution, cooperative society, or a Government
department or a statutory body or an authority established or controlled by
a Government on the date that it became due according to the laws, rules,
regulations, instructions, issued or notified by a bank, including the
State Bank of Pakistan, financial institution, cooperative society, Government
Department, statutory body or an authority established or controlled by a
Government, as the case may be, and a period of thirty days has expired
thereafter:
Provided
that it is not wilful default under this Ordinance if the accused was
unable to pay, return or repay the amount as aforesaid on account of any
wilful breach of agreement or obligation or failure to perform statutory
duty on the part of any bank, financial institution, cooperative society or
a Government department or a statutory body or an authority established or
controlled by Government.
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6.
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National
Accountability Bureau
a.
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There shall
be constituted a National Accountability Bureau for the whole of Pakistan.
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b.
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Chairman
National Accountability Bureau
i.
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There
shall be a Chairman NAB to be appointed by the President.
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ii.
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The
Chairman NAB shall be appointed on such terms and conditions and shall
have the status and privileges as may be determined by the President.
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iii.
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The
Chairman NAB may resign his office by writing under his hand addressed to
the President.
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c.
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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 will act as
the Chairman NAB, and in case the Deputy Chairman is absent or unable to
perform the functions of the office, any other person duly authorized by
the Chairman NAB, to act as Chairman NAB.
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7.
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Deputy
Chairman, National Accountability Bureau
a.
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There shall
be a Deputy Chairman NAB appointed by the President in consultation with
the Chairman NAB. The Deputy Chairman shall assist the Chairman in the
performance of his duties and carry out such functions as may be directed
by the Chairman.
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b.
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The Deputy
Chairman shall serve at the pleasure of the President.
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8.
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Prosecutor
General Accountability.
a.
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The
Chairman NAB may appoint any person to act as the Prosecutor General
Accountability, notwithstanding any other appointment or office the latter may
concurrently hold, upon such terms and conditions as may be determined by
the Chairman.
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b.
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The
Prosecutor General 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 Courts established
under this Ordinance and all other Courts and Tribunals in Pakistan.
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c.
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The
Prosecutor General Accountability Bureau, in consultation with the Attorney
General of Pakistan, may, with prior approval of the Chairman NAB, appoint
Special Prosecutors to conduct prosecution of specific cases under this
Ordinance, before any Accountability
Court or any other Court or Tribunal.
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9.
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Corruption
and Corrupt Practices
a.
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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.
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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
forbearing 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
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ii.
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If he
accepts or obtains or offers any valuable thing without consideration, or
for a consideration which he knows to be inadequate, from any 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 from any person whom he knows
to be interested in or related to the person so concerned; or
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iii.
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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
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iii.
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If he by
corrupt, dishonest, or illegal means, obtains or seeks to obtain for
himself, or for his spouse and/or dependents or any other person, any
property, valuable thing, or pecuniary advantage; or
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v.
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If he or
any of his dependents or benamidars owns, possesses, or has any right or
title in any movable or immovable property or pecuniary resources
disproportionate to his known sources of income, which he cannot
reasonably account for; or
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vi.
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Misuses
his authority so as to gain any benefit or favour for himself or any
other person, or to render or attempt to do so;
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vii.
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If he has
issued any directive, policy, or any SRO (Statutory Regulatory Order) or
any other order which grants or enables any concession or benefit in any
taxation matter or law or otherwise so as to benefit himself or any
relative or associate or a benamidar; or
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vii.
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if he
commits an offence of willful default.
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b.
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All
offences under this Order shall be non-bailable and, notwithstanding
anything contained in sections 426, 491, 497, 498 and 561A or any other
provision of the Code, or any other law for the time being in force no
Court including the High Court shall have jurisdiction to grant bail to any
person accused of any offence under this Order.
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c.
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Where the
Chairman NAB decides to release from custody or detention a holder of a
public office or any other person accused of an offence under this
Ordinance, he shall do so after considering the gravity of the charge
against such person and where the accusation specifies any amount in
respect of which the offence is alleged to have been committed, he shall
not be released unless such amount is deposited with the NAB;
Provided
that the Chairman NAB may impose other conditions for release from custody
or detention.
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d.
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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 , etc, within one month of the date of such
deposit.
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10.
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Punishment
for Corruption and Corrupt Practices
a.
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A person
who commits the offence of corruption and corrupt practices shall be
punishable with imprisonment for a term which may extend to 14 years, or
with fine, or with both, and such of the assets and property of such person
which is found to be disproportionate to the known sources of his income or
which is 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 liable to be forfeited to the appropriate Government.
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b.
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Any person
giving illegal gratification, or abetting, assisting or aiding a holder of
a public office, or receiving or holding any property obtained or acquired
by a holder of public office, through corruption or corrupt practices, or
being a beneficiary of any asset, property or gain obtained through
corruption or corrupt practices shall fall within the scope of this section
and shall be liable to the same or a lesser punishment that may be awarded
to a holder of a public office as may be deemed fit by the Court.
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11.
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Imposition
of Fine
Where a person found guilty of an offence is sentenced to pay a fine,
irrespective of whether or not a sentence of imprisonment is imposed, the
amount of the fine shall in no case be less than the gain derived by the
accused or any relative or associate which may be set off against the
forfeited or frozen assets and property.
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12.
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Power to
freeze property
a.
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The
Chairman NAB or the Court trying a person for any offence as specified
under this Ordinance, may, at any time, if there appear reasonable grounds
for believing that the accused has committed such an offence, order the
freezing of his property, movable or immovable, or part thereof, whether in
his possession or in the possession of any relative, associate or person on
his behalf;
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b.
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If the
property ordered to be frozen under sub-section (a) is a debt or other
movable property, the freezing may be made:-
i.
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by
seizure; or
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ii.
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by
appointment of receiver; or
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iii.
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by
prohibiting the delivery of such property to the accused or to anyone on
his behalf; or
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iv.
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by all or
any of such or other methods as the Court or the Chairman NAB as the case
may be, deem fit;
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c.
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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.
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by taking
possession; or
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ii.
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by
appointment of receiver; or
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iii.
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by
prohibiting the payment of rent or delivery of property to the accused or
to any other person on his behalf; or
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iv.
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by all or
any of such methods as the Chairman NAB or the Court may deem fit.
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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 30 days unless confirmed by the Accountability Court, where the Reference
under this Order shall be sent by NAB.
Provided
further that notwithstanding that the Order of 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.
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d.
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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 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.
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e.
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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).
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f.
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That the
Order of freezing etc. mentioned above in Section 12(a to e) shall, as the
case may be, remain operative until final disposal by the Accountability
Court or the Appellate Forum, notwithstanding filing of or pendency of an
Appeal under this Order.
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13.
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Claim or
objection against freezing
a.
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Notwithstanding
the provisions of any law for the time being in force, the Accountability 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 Accountability Court
within 14 days from the date of the order freezing such property.
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b.
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The Court
may for sufficient cause extend the time for filing such claims or
objections for a period not exceeding additional 14 days.
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c.
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No appeal
shall lie against an Order made under Section 12 of this Ordinance.
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14.
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Presumption
against accused accepting illegal gratification
a.
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Where in
any trial of a scheduled offence punishable under this Order, 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 (Act XLV of 1860), or, as the case may be, without
consideration, or for a consideration which he believed to be inadequate;
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b.
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Wherein any
trial of an offence punishable under section 165A of the Pakistan Penal
Code (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.
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c.
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In any
trial of an offence punishable under this Order, the fact tha t the accused
person or any other person on his behalf, is in possession, for which the
accused person cannot satisfactorily account, of property or pecuniary
resources disproportionate to his known sources 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/or corrupt practices and his conviction
therefore shall not be invalid by reason only that it is based solely on
such a presumption.
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d.
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Where a
person is accused of an offence under section 9(a) (vi) and (vii), 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 him, 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.
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15.
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Disqualification
to contest elections or to hold public office
a.
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Where an
accused person is convicted for the offence of corruption or corrupt
practices as specified in the Schedule to this Ordinance, he shall stand
disqualified for 21 years for seeking, or from being elected chosen appointed
or nominated as a member or representative of any public office, or any
statutory or local authority of the Government of Pakistan.
Provided
that any accused person who has availed the benefit of sections 25 of this
Ordinance shall also be deemed to have been convicted for an offence under
this Ordinance, and shall stand disqualified for 21 years as above.
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b.
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Any person
convicted of an offence of corruption and/or corrupt practices as described
at serial No. 1 of the Schedule shall not be allowed to apply for or be
granted or allowed any financial facilities in the form of any loan or
advances from any Bank or Financial Institution in the public sector, for a
period of 10 years from the date of conviction.
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16.
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Trial of
Offences
a.
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Notwithstanding
anything contained in any other law for the time being in force, all
persons accused of a scheduled offence, shall be prosecuted for such
offence by Court established pursuant to this Ordinance exclusively as
constituted under section 5 (g) and the case shall be heard from day to day
and disposed of within 30 days.
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b.
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The court
shall sit at such place or places as the Government may, by order, specify
in this behalf.
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c.
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Where more
courts than one have been established for an area , the Chief Justice of
the High Court of the Province concerned shall, keeping in view the
seniority and status of the Judges of various Courts, designate a Judge of
any such Court to be an Administrative Judge.
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d.
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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
Accountability Court established anywhere in Pakistan, and such Court shall
have the jurisdiction to try the same.
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16A.
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Transfer
of Cases
a.
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Notwithstanding
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 a scheduled 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 not be necessary
for the Court to recall any witness or again to record any evidence that
may have been recorded.
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b.
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In respect
of any case pending before a Court established under this Ordinance, the
Chairman NAB having regard to the facts and circumstances of the case and
in the interest of justice and for the protection and safety of witnesses
it is necessary that such case is transferred for trial may direct the
Prosecutor General Accountability to apply for the transfer of the case
from any such Court in one province to a court in another province or from
one Court to a Court in another Province from one Court in a Province to
another Court in the same Province, provided that:-
i.
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in case
the transfer is intended from a Court in a Province to a court in another
Province to the Chief Justice of Pakistan; and
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ii.
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in case
the transfer is intended from one Court in a Province to another Court in
the same Province to the Chief Justice of the High Court;
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and if the
Chief Justice of Pakistan or, as the case may be, the Chief Justice of High
Court considers it expedient in the interest of justice so to do, he may
transfer the case from one Court to another Court and case so transferred
shall be tried under this Ordinance without recalling any witness whose
evidence may have been recorded.
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17.
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Provision
of the Code to apply
a.
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Notwithstanding
anything contained in any other law for the time being in force, unless
there is anything inconsistent with the provisions of this Ordinance, the
provisions of the Code of Criminal Procedure, 1898 (Act V of 1989), shall
mutatis mutandis, apply to the proceedings under this Order.
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b.
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Subject to
sub section (a), the provisions of Chapter XXIIA of the Code shall apply to
trials under this Ordinance.
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c.
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Notwithstanding
anything contained in sub-section (a) or sub- section (b) or in any law for
the time being in force, the Accountability 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.
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18.
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Cognizance
of Offences
a.
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The Accountability Court
shall not take cognizance of any offence under this Ordinance except on a
reference made by or on behalf of the Chairman National Accountability Bureau.
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b.
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A reference
under this Order shall be initiated by the Chairman National Accountability
Bureau on
i.
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a
reference received from the appropriate government; or
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ii.
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receipt
of a complaint; or
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iii.
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his own
accord.
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c.
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Where the
Chairman National Accountability Bureau is of the opinion that it is or may
be necessary and appropriate to initiate proceedings against any person on
receipt of a reference or complaint or on his own accord, as the case may
be, he shall refer the matter to the Deputy Chairman National
Accountability Bureau or to any other officer for inquiry and
investigation.
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d.
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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 or/and Deputy Chairman NAB.
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e.
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The
Chairman NAB and such members, officers and/or servants of the NAB shall
have and exercise, for the purposes of an inquiry and/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 or any officer duly authorized by the Chairman NAB.
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f.
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Any Inquiry
and Investigation under this Order shall be completed expeditiously but not
exceeding a period of 75 days, or earlier as soon as may be practical and
feasible.
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g.
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The
Chairman NAB, 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, he shall refer the matter to
an Accountability Court.
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h.
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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 or Deputy Chairman
NAB or the prescribed law officer, 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.
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19.
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Power to
call for information
The Chairman NAB or any authorized officer may, during the course of an
inquiry or investigation in connection with contravention of any provision of
this Ordinance:-
a.
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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;
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b.
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require any
person to produce or deliver any document or thing useful or relevant to
the inquiry or investigation;
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c.
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examine any
person acquainted with the facts and circumstances of the case; and
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d.
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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.
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20.
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Reporting
of suspicious financial transactions
a.
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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 with context to the account,
which have no apparently genuine economic or lawful purpose and upon
bonafide professional judgement of the Bank suspicion that such
transactions could constitute or be related to illegal or illicit
activities, corruption or corrupt practices, the manager or director of
such financial institution shall report all such transactions to the
Chairman NAB forthwith by the quickest possible mode of communication to be
confirmed in writing.
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b.
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Whoever
fails to supply the information in accordance with subsection (a) shall be
punishable with rigorous imprisonment which may extend to 5 years, or with
fine, or with both.
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c.
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Where there
are reasonable grounds to believe that the assets of a person or any part
thereof were acquired through corruption or corrupt practices, and there was
no other likely source of acquiring such assets or part thereof, it shall
be presumed, unless proved to the contrary by the accused person, that such
assets or part thereof were acquired, generated or obtained through
corruption and corrupt practices.
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21.
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International
Cooperation - Request for mutual legal assistance
The Chairman NAB or any officer authorized by the Federal Government may
request a Foreign State to do the following acts in accordance with the law
of such State:-
a.
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have
evidence taken, or documents or other articles produced;
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b.
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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;
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c.
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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;
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d.
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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;
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e.
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transfer to
Pakistan any such evidence, documents, things, articles, assets or proceeds
realized from the disposal of such articles or assets; and
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f.
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transfer in
custody to Pakistan a
person detained in the foreign State who consents to assist Pakistan in
the relevant investigation or proceedings.
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22.
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Jurisdiction
a.
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The
Chairman NAB may inquire into and investigate any suspected offence which
appears to him on reasonable grounds to involve serious offences as given
in the Schedule to this Ordinance, and has been referred to him, or of his
own accord.
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b.
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The
Chairman NAB may, if he thinks fit, conduct any such investigation in
conjunction with any other agency or any other person which/who is, in the
opinion of the Chairman NAB, a proper Agency or person to be concerned in
it.
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23.
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Transfer
of property void
(a)
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Notwithstanding
anything contained in any other law for the time being in force after the
Chairman NAB has initiated investigation into the offences under this
Ordinance, alleged to have been committed by an accused person, such person
or any relative or associate of such person or any other person on his
behalf, shall not transfer by any means whatsoever, create a charge on any
movable or immovable property owned by him or in his possession, while the
inquiry, investigation or proceedings are pending before the NAB or the
Accountability Court; and any transfer of any right, title or interest or
creation of a charge on such property shall be void.
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(b)
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Any person
who transfers, or creates a charge on property in contravention of
subsection (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.
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24.
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a.
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The
Chairman NAB shall have the power, at any stage of the investigation under
this Ordinance, to direct that the accused, if not already arrested, shall
be arrested.
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b.
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If the
Chairman, NAB decides to refer the case to a Court, such reference shall
contain the substance of the offence/offences alleged to have been
committed by the accused and a copy of such reference shall be forwarded to
the Registrar of the Court to which the case has been sent to try the
accused, and another copy shall be delivered to the accused.
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c.
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The
provisions of sub-section (a) shall also apply to cases, which have already
been referred to the Court.
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d.
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Notwithstanding
anything contained in the code, where the holder of the 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 court established under this Ordinance within a period of twenty four
hours of arrest excluding the time necessary for the journey from the place
of arrest to the 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 provided that no accused arrested under this Ordinance shall be
released without the written order of the Chairman NAB or the order of the
Court.
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e.
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All persons
presently in custody shall immediately upon coming into force of this
sub-section, unless previously produced before an Accountability 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.
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f.
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The
Chairman, NAB may declare and notify any place as a police station or a
sub-jail at his discretion.
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25.
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Voluntary
Return (Plea Bargaining)
(1)
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Where at
any time whether before or after the commencement of trial the holder of a
public office or any other person accused of any offence under this
Ordinance, returns to the NAB the assets or gains acquired through corruption
or corrupt practices;
(i)
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if the
trial has not commenced, the Chairman NAB may release the accused; and
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(ii)
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if the
trial has commenced, the Court may, with the consent of the Chairman,
release the accused.
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(2)
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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, etc., within one month from the date of such
deposit.
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25A.
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Payment of
Loans, etc
a.
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Where a
person has been arrested or is in the custody of NAB on the charge that he
is guilty of committing the offence of wilful default on account of
non-payment of dues to a bank or financial institution or cooperative
society, he may apply to the Chairman NAB for the reconciliation of his
liability through Conciliation Committee and the Chairman NAB may refer the
matter to a Conciliation Committee.
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b.
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The
Conciliation Committee shall consist of a nominee of NAB, who shall be the
Chairman of the Commission, a nominee of the Prosecutor General NAB, an
officer of the Banking Cell of NAB nominated by the Chairman NAB, a nominee
of the Governor of the State Bank of Pakistan being a senior officer of the
State Bank well qualified in the profession of banking, a Chartered
Accountant appointed by the State Bank of Pakistan, a Chartered Accountant
appointed by the accused who will represent him and a Chartered Accountant
appointed by the lender.
Explanation:
Where the lender is a consortium or group of banks or financial
institutions, the lender means the lead bank or financial institution.
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c.
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The
Conciliation Committee after examining the record and accounts of the bank
and the written evidence produced by the accused through his Chartered
Accountant, if any, shall determine the amount outstanding against the
accused calculated in accordance with law, circulars, rules and regulations
of the State Bank of Pakistan
and the manner and schedule of repayment. The accused, if he so desires,
shall be heard at the commencement and before the conclusion of proceedings
provided that the Chartered Accountant representing the accused shall have
access to him for obtaining instructions during the proceedings of the
Conciliation Committee.
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d.
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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 Committee. The recommendations of the
Conciliation Committee shall be submitted to the Chairman NAB.
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e.
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The
Chairman NAB shall consider the recommendations submitted to him under
sub-section (d). The Chairman NAB may accept the recommendations or may,
for reasons to be recorded, pass such appropriate order including rejecting
or modifying the same as he may deem fit.
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f.
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Where the
accused undertakes to repay the amount as determined by the Conciliation
Committee or the Chairman NAB, as the case may be, the Chairman NAB may
release the accused for the purpose of this Ordinance.
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g.
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Notwithstanding
anything contained in this Ordinance or any other law for the time being in
force, if the Chairman NAB is satisfied that any agreement entered into
between a bank or a financial institution, a cooperative society and a
lender is vitiated by the provisions of section 23 or any other provision
of the Contract Act, 1872 (IX of 1872), or any other law or the same is
collusive or is against public interest, he may refuse to take such
agreement into consideration for the purposes of Conciliation Committee or
the conclusion drawn by them.
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h.
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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 accused to accept and implement the
decision of the Chairman NAB regarding the payment and matters relating
thereto, the case shall be proceeded with and referred to the
Accountability Court.
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26.
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Tender of
pardon to accomplice/plea-bargaining
a.
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Notwithstanding
anything contained in the Code, at any stage of investigation or inquiry,
the Chairman 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.
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b.
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Every
person accepting a tender of pardon under sub-section (a) shall be examined
as a witness in the subsequent trial.
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c.
|
Subject to
sub-section (d), the person to whom pardon has been granted under this
section shall not -
i.
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in the
case of a full pardon be tried for the offence in respect of which the
pardon was granted; and
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ii.
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in the
case of a 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.
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d.
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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 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.
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e.
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Any
statement made before the Chairman NAB or the Court by a person who has
accepted a tender of pardon may be given in evidence against him at such
trial.
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27.
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Power to
seek Assistance
The Chairman NAB 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 proceeding pending before 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 is involved or is raised at any time, the Chairman's
decision shall be final.
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28.
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Appointment
of officers and staff in the National Accountability Bureau
a.
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The NAB may
appoint such officers and staff as it may consider necessary for efficient
performance of its functions and exercise of its powers under this
Ordinance.
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b.
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The
officers and members of staff shall be appointed by the Chairman NAB or by
a person authorized by the Chairman NAB.
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c.
|
The
officers and members of staff shall be entitled to such salary, allowances
and other terms and conditions of services as the Chairman NAB may, with
the approval of the Chief Executive, determine.
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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 NAB.
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e.
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Nothing
contained in sub-section (d) shall apply to a person who is a civil servant
within the meaning of the law relating to appointments as civil servant of
the Federation or a Province and is deputed to or posted in NAB.
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29.
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Accused to
be competent witness
Any person charged with an offence punishable under this Act 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 person 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.
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30.
|
False
evidence etc.
a.
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Notwithstanding
anything contained in the preceding provisions or any other law already in
force, on pronouncement of judgement, the Accountability Court shall have
the jurisdiction and power to take cognizance of an offence committed in
the course of the investigation 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 sections 176
to 182 of Chapter X, or sections 191 to 204, or 211 to 223, or 225 -A of
Chapter XI, of the Pakistan Penal Code (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.
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b.
|
For the
purpose of trial under sub-section (a), the Court may, as nearly as may be,
follow the procedure specified in Chapter XXII of the Code.
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c.
|
The
proceeding under sub-section (a) may be initiated by the 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 Prosecutor or the person accused of an offence tried by the Court,
within thirty days.
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31.
|
Prohibition
to hamper investigation
a.
|
Notwithstanding
anything contained in any other law for the time being in force, if any
person concerned with the inquiry and investigation and prosecution of a
case consciously and deliberately and with malice aforethought compromises,
hampers, misleads, jeopardizes or defeats an investigation of a case under
process before NAB or any concerned agency or authority or any Court or an
Accountability Court, he shall be deemed to have committed the scheduled
offence of corrupt practice and/or corruption.
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b.
|
No person
will be proceeded with under this section except with the sanction of a
Committee composing the Chairman NAB, Deputy Chairman NAB and the
Prosecutor General Accountability.
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31A.
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Absconding
to avoid service of warrants
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 punishable with imprisonment
which may extend to three years notwithstanding the provisions of section 87
and 88 of Code of Criminal Procedure, 1898, or any other law for the time
being in force.
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31B.
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Withdrawal
from prosecution
Where at any stage of the proceedings, the Chairman NAB is of the opinion
that ends of justice so require he may direct the Prosecutor General
Accountability to withdraw from prosecution of any person under this
Ordinance and upon such withdrawal the accused shall be released if not
required in any other case under this Ordinance.
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31C.
|
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 markup
without prior approval of the State Bank of Pakistan.
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32.
|
Appeal
a.
|
Any person
convicted or the Prosecutor General Accountability, if so directed by NAB
aggrieved by the Final Judgement and Order of the Court under this
Ordinance may, within ten days of the final Judgement and Order of the
Accountability Court prefer an Appeal to the High Court of the Province
where the Court is situated.
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b.
|
All Appeals
against the final Judgement filed before the High Court will be heard by a
Bench of not less than two judges constituted by the Chief Justice of the
High Court and shall be finally disposed off within thirty days of the
filing of the Appeal.
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c.
|
Notwithstanding
any other law for the time being in force or this Ordinance, no appeal
against any interlocutory order of the Court during the proceedings pending
before it under this Order, shall lie and an appeal shall lie only against
the Final Judgement of the Court.
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d.
|
No stay of
proceedings before the Court shall be granted by any Court on any ground
whatsoever, nor proceedings thereof be suspended or stayed by any Court on
any ground whatsoever.
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33.
|
Transfer
of pending proceedings
Any and all proceedings pending before a court under the Ehtesab Act, 1997
(IX of 1997), shall stand transferred to an Accountability 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.
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34.
|
The President
of the Islamic Republic of Pakistan in consultation with the Chief Justice of
Pakistan may make Rules for carrying out the purposes of this Ordinance and
the said Rules, shall on promulgation be a part of this Ordinance.
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35.
|
Repeal
a.
|
The Ehtesab
Act 1997 (Act IX of 1997) shall stand repealed from the date of
promulgation of this Ordinance, provided that notwithstanding 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 and/or any of the aforesaid
Ordinances amending the same, shall, continue under this Ordinance as
transferred under sub-section (b) of section 33 to an Accountability Court.
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b.
|
Any case or
proceeding pending under the aforesaid Act of 1997 immediately before the
commencement of this Ordinance and transferred to any court established
under this Ordinance shall be proceeded with and all subsequent proceedings
shall be completed in accordance with, and under the provisions of, this
Ordinance.
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36.
|
Indemnity
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.
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37.
|
Removal of
Difficulties Order.
The President may for the purpose of removing any difficulties in the
enforcement of this Ordinance may make modifications, additions or omissions
as may be deemed necessary or expedient for the interest of the State.
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