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;
[1][25. Voluntary return and plea bargain. (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 [2][:
[3][Provided that statement of an accused entering into plea bargain or voluntarily return shall not prejudice case of any other accused:
Provided further that in case of failure of
accused to make payment in accordance with the plea bargain agreement approved
by the Court, the agreement of plea bargain shall become inoperative to the
rights of the parties immediately.]
[4][(ba) Where an accused challenges validity of order
approving plea bargain or it comes to the knowledge of the Court otherwise that
the plea bargain was a result of duress, coercion or any other illegal pressure
exerted on the accused during the course of inquiry or investigation, the Court
after hearing both the parties may recall the approval of plea bargain to the
extent of that 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 [5][xxx].]
*. 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]. Subs.
by Ordi. CXXXIII of 2002 dated 23.11.2002, PLJ 2003 Fed. St. 301.
[2]. In
Section 25, in sub-section (b), for full stop at the end, a colon shall be
substituted and thereafter the proviso shall be added by National
Accountability (Amendment) Act, XI of 2022, dated 22.6.2022.
[3]. Substituted
by the National Accountability (Second Amdt.) Act, (XVI of 2022), dated
16.8.2022.
[4]. Inserted
by the National Accountability (Second Amdt.) Act, (XVI of 2022), dated
16.8.2022.
[5]. Omitted
by the National Accountability (Second Amdt.) Act, (XVI of 2022), dated
16.8.2022.