The National Accountability Ordinance, 1999

*(ORDINANCE NO. XVIII OF 1999)

[24th September, 1999]

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;

18. Cognizance of Offences. (a) The ^[1][xxx] Court shall not take cognizance of any offence under this Ordinance except on a reference made by [2][the Chairman NAB or an officer of the NAB duly authorised by him.]

(b) A reference under this Ordinance shall be initiated by the [3][....] National Accountability Bureau on--

(i) a reference received from the ^[4][xxx] appropriate government; or

(ii) receipt of a complaint; or

(iii) ^[5][its] own accord.

[6][(c) Where the Chairman NAB or an officer of the NAB duly authorised 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 ^[7][. If after completion of inquiry the allegations of commission of an offence under this Ordinance are substantiated with material evidence, the matter shall be converted into investigation:

Provided that the report of the inquiry shall be provided to the accused.]]

(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 authorised by him] ^[10][xxx].

^[11][(e) x x x x x]

(f) Any inquiry ^[12][or] investigation under this Ordinance shall be completed ^[13][within six months] ^[14][xxx].

(g) The [15][xxx] Chairman NAB, [16][or [17][xxx] an officer of the NAB duly authorised 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 [18][and there is sufficient material to justify filing of a reference], he shall refer the matter to [19][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 persons, the Chairman [20][NAB] or Deputy Chairman NAB or [21][an officer of the NAB duly authorized 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.

---

*. The NAB Ordinance, 1999 and all rules, notifications and orders made or issued thereunder have been adapted and applied in the Northern Areas, see SRO-467(I)/2000, dt. 28-6-2000.

[1]. The word “Accountability” omitted by the National Accountability Bureau (Amdt.) Ordinance, 2002 (CXXXIII of 2002) S. 20.

[2]. Subs. by Ordi. XXIV of 2000, w.e.f. 5.7.2000; PLD 2000 Cent. St. 360.

[3]. Omitted by Ordi. XXIV of 2000, w.e.f. 5.7.2000; PLD 2000 Cent. St. 360.

[4]. The words “Chief Executive of an” omitted by the National Accountability Bureau (Amdt.) Ordinance, 2000 (IV of 2000), S. 13.

[5]. Subs. by Ord. No. IV of 2000, S. 8 for “his”.

[6]. Subs. by Ordi. XXIV of 2000, w.e.f. 5.7.2000; PLD 2000 Cent. St. 360.

[7]. By National Accountability (Amendment) Act, XI of 2022, dated 22.6.2022.

[8]. Ins. by Ord. No. CXXXIII of 2002, S. 20.

[9]. Subs. by Ord. No. IV of 2000, S. 8 for “or/and Deputy Chairman”.

[10]. Omitted by Act, XI of 2022, S. 13.

[11]. Word “NAB” omitted by National Accountability (Amendment) Act, XI of 2022, dated 22.6.2022.

[12]. Subs. by the National Accountability Bureau (Amdt.) Ordinance, 2002 (CXXXIII of 2002) S. 20, for “and”.

[13]. Word “expeditiously as may be practical and feasible” substituted by National Accountability (Amendment) Act, XI of 2022, dated 22.6.2022.

[14]. The Certain words omitted by the National Accountability Bureau (Second Amdt.) Ordinance, 2000 (IV of 2000), S. 8.

[15]. The word “Deputy” omitted by the national Accountability Bureau (Amdt) Ord. 2000 (IV of 2000), S. 13.

[16]. Inst. by Ordi. XXIV of 2000, w.e.f. 5.07.2000; PLD 2000 Cent. St. 360.

[17]. The word “by” omitted by the National Accountability Bureau (Amdt) Ord. 2001 (35 of 2000), S. 13.

[18]. Inst. by Ordi. XXXV of 2001, w.e.f. 10.08.2001; PLJ 2001 Fed. St. 403.

[19]. Subs. by Ord. No. CXXXIII of 2002, S. 20, for “an Accountability.

[20]. Inserted by the National Accountability Bureau (Amdt.) Ord. 2002 (CXXXIII of 2002) S. 20.

[21]. Subs. by Ordi. CXXXIII of 2002 dated 23.11.2002, PLJ 2003 Fed. St. 301.