NAB Ordinance Summary

NAB ORDINANCE SUMMARY
Sec2. Commencement With effect from first day of January, 1985
Sec2. Commencement With effect from first day of January, 1985
Sec 3. Application Whole of Pakistan/all persons in Pakistan, including
FATA/PATA.
Sec9.Corruption and corrupt practices Committed by holders of public office or any other person is cognizable under NAB Ordinance, 1999.
Sec 11. Imposition of fine: Shall not be less than the gains derived by the accused.
Sec 12. Power to freeze property: Chairman or the Court competent to order freezing of movable or immovable property.
Sec 13. Claim or objection against freezing Objections against the freezing are to made within 14 days from the date of freezing
Sec14.Presumptionagainst accused accepting illegal gratification The burden of proof that the property is and assets were in accordance with his pecuniary resources on accused.
Sec 15. Disqualification to contest elections To hold public office Person convicted stands disqualified for 21 years.
Sec 16. Trial of offences Accountability Court has the exclusive jurisdiction to try under NAB Ordinance, 1999. The Chairman, NAB has authority to file a reference. Sec16. A Transfer of Cases The Chairman may apply that a case be transferred to the Accountability Court.
Sec16. B Contempt of Court Punishment for contempt of court 6 months and with fine extending to Rs.1 million.
Sec 17. Provision of the Code to Apply ? The provisions of CrPC shall apply. ? The court may, dispense with any procedure as it may deem fit.
Sec 18. Cognizance of fence The Accountability Court can only take cognizance of any offence upon a reference by the Chairman NAB or an officer of the NAB duly authorized by him.
Sec 19. Power to Call for information The Chairman NAB or any authorized officer may call for information from any person during inquiry / investigation in connection with the provisions of the Ordinance.
Sec 20. Reporting of suspicious financial Transaction The bank and financial institution are to take notice of unusual or large transactions, which have no apparent economic or lawful purpose and shall be referred to the Chairman, NAB. Failure to do so is punishable with imprisonment extending to 5 years or with fine or with both.
Sec 21. International cooperation -Request for mutual legal Assistance The Chairman NAB after being authorized by the Federal Government may request a Foreign State to have the evidence taken / obtained, freeze assets, confiscate articles, transfer such evidence or articles or assets to Pakistan and transfer the person in custody to Pakistan.
Sec 22. Jurisdiction The Chairman, NAB may inquire / investigate any suspected offence in conjunction with any other agency or with any person
Sec 23. Transfer of Property Void Once the Chairman NAB initiates investigation in the offence under the ordinance no accused person shall transfer or create any charge on any property, and such transfer shall be void. ? > The contravention is punishable upto 3 years imprisonment and fine not exceeding the value of the property.
Sec 24. Arrest ? The Chairman NAB has the power to direct the accused be arrested during investigation of the case. ? The Chairman NAB or an officer of NAB authorized by him may submit a reference before the court. ? Custody of NAB for the purpose of inquiry and investigation for a period not exceeding 90 days ? No release without the written order of the Chairman NAB or the order of the court. ? The Chairman NAB has the authority to declare and notify any place as a Police Station or a sub-Jail at his discretion.
Sec 25. Voluntary return (plea bargaining) Chairman NAB may accept and release the accused. If the trial has commenced the Chairman may do so with the approval of the Court.
Sec 25-A Payment of Loans,Etc. Arrest or custody regarding willful default can apply to the Governor, State Bank of Pakistan for reconciliation.
Sec 26. Tender of Pardon to accomplice / plea- Bargaining The Chairman NAB at any stage of investigation is empowered to tender full or conditional pardon to any accused with a view to obtain evidence of such person who is supposed to have been directly or indirectly concerned in or privy to the offence.
Sec 27. Power to seek assistance The Chairman, NAB or person authorized by him to seek full & complete assistance from any department, organization, Office. Sec 28. Appointment of Officer and staff in the NAB ? The Chairman is authorized to appoint officers & staff, with the prior approval of the Chief Executive. Provisions of Civil Servants Act, 1973 (LXXI of 1973) are not applicable to persons appointed in NAB.
Sec 29.Accused to be competent witness. The accused is a competent witness for his defense but he cannot be compelled to make any statement.
Sec 30. False Evidence etc The Accountability Court is empowered to take cognizance of false evidence during the investigation or trial.
Sec 31. Prohibition to hamper investigation ? Any person who compromises, hampers, misleads, jeopardizes or defeats an investigation under the NAB Ordinance is deemed to have committed a scheduled offence of corruption / corrupt practices. ? However no person can be preceded under this section except with the sanction of NAB committee comprising Cn, NAB Dy. Cn and PGA.
Sec 31-A. Absconding to void service of Warrants. Any person who has absconded to avoid service of process of Court is punishable with imprisonment extending to 3 years.
Sec 31-B. Withdrawal from prosecution The Chairman NAB may, to secure the ends of justice, direct the PGA to withdraw from the prosecution of any person and upon withdrawal the accused shall be released if not wanted in any other case.
Sec 31-C. Court to take cognizance of offence with prior approval of the State Bank No court is competent to take cognizance against an officer or an employee of Bank with regard to writing off, waving, restructuring or refinancing any financial facility without approval of the State Bank of Pakistan.
Sec 31-D. Inquiry, investigation or proceedings in respect The NAB is prohibited to initiate any inquiry / investigation with regard to imprudent loans, defaulted loans or rescheduled loans without a reference from the Governor State Bank of Pakistan.
Sec 32. Appeal ? Any person convicted or the PGA, if so directed by the NAB, can file an appeal within 10 days of the final judgment before the High Court of the Province where the Court is situated and such appeals are to be heard by a Bench comprising not less than two judges constituted by the chief Justice of High Court and are to disposed off with 30 days. ? No appeal is maintainable against any interim order of the Court. Similarly all courts are restrained from granting any stay of the proceeding before the Court. Sec 33. Transfer of pending proceedings. All the proceedings i.e. references pending before the court constituted under Ehtesab Act, 1997 stood transferred to the respective Accountability Court.
Sec 34. Rules The President of Islamic Republic of Pakistan in consultation with the Chief Justice of Pakistan may make rules for carrying out the purposes of the NAB Ordinance.
Sec 35. Repeal On coming into force of NAB Ordinance 1999, Ehtesab Act 1997, as also Ordinance No. XX of 1997 stood repealed.
Sec 36. Indemnity No suit or prosecution is competent against Federal or Provincial Govt., Chairman, or any person exercising any power or performing the function for any thing done in good faith or intended to be done under this Ordinance.
Sec 37. Removal of Difficulties Order The President of Pakistan is competent to make modification, addition or omissions for the purpose of removing any difficulties in respect of Ordinance