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][5. Definitions. In
this Ordinance, unless there is anything repugnant in the subject or context,--
(a) “accused” shall mean a person in
respect of whom there are reasonable grounds to believe that he is or has been
involved in the commission of any offence triable under this Ordinance or is
subject of an investigation or inquiry by the National Accountability Bureau or
any other agency authorised by the National Accountability Bureau in this
regard under this Ordinance;
(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, the Federal Government and in other cases the
Provincial Government or the local government concerned;
(c) “asset”
includes all kinds of property owned by or belonging to an accused or held as
benami whether within or outside Pakistan;
(d) “associates”
means--
(i) any
person who is or has been managing the affairs of or keeping accounts for the
accused or who enjoys or has enjoyed any benefit from the assets;
(ii) any association of persons, body of [2][individual],
partnership firm or private limited company within the meaning of the Companies
Act, 2017 (XIX of 2017), of which the accused is or has been a member, partner
or director or which has been promoted, floated, established or run by the
accused, whether singly or jointly, with other persons;
(iii) a trustee of any trust declared by the accused, or of which the
accused is also a trustee or a beneficiary; and
(iv) a Benamidar;
(e) “Benamidar”
means a person who ostensibly holds any property of an accused on his behalf for
the benefit and enjoyment of the accused.
Explanation. A
property shall only be held as a Benami property when the accused has paid “the
consideration of the property, and holds title documents and possession of the
property with the intention and object of executing a Benami transaction.
(f) “Chairman
National Accountability Bureau” means a person who is appointed as such by
the Federal Government as mentioned in Section 6(b) hereafter;
(g) “Code”
means the Code of Criminal Procedure, 1898 (Act V of 1898);
(h) “Conciliation
Committee” means the Conciliation Committee constituted under Section 25-A;
(i) “Court”
means Accountability Court established under Section 5A of this Ordinance;
(g) “Judge”
means a Judge appointed or deemed to have been appointed under section 5-A of
this Ordinance;
(k) “Deputy
Chairman National Accountability Bureau” means the person appointed as
Deputy Chairman of the National Accountability Bureau by the Federal
Government;
(l) “National
Accountability Bureau” means the Bureau set up and notified under this
Ordinance, hereinafter referred to as NAB;
(m) “Freezing”
includes attachment, sealing, prohibiting, holding, controlling 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 NAB as the case may be after public notice;
(n) “Holder
of public office” means a person who--
(i) has
been the President of Pakistan or the Governor of a Province;
(ii) is, or has been the Prime Minister, Chairman Senate, [3][,
Deputy Chairman Senate] Speaker [4][xxx] 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, 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, 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 local council constituted under any Federal or
Provincial law relating to the constitution of local councils cooperative
societies 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 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 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) 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;
(vi) is or has been a District Nazim or Naib Nazim,
Tehsil Nazim or Naib Nazim or Union Nazim or Naib Nazim.
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; and
(vii) has served in and retired or resigned from
or has been discharged or dismissed from the Armed Forces of Pakistan;
(o) “Offence” means the offences of
corruption and corrupt practices and other offences as defined in this
Ordinance [5][of the value not less
than five hundred million rupees] and includes the offences specified in the
Schedule to this Ordinance;
(p) “Person” unless the context
otherwise so requires, includes in the case of a company or a body corporate,
the sponsors, Chairman, Chief Executive, Managing Director, elected Directors,
by whatever name called, and guarantors of the company or body corporate or any
one exercising [6][direct]
control of the affairs of such company or a body corporate; and in the case of
any firm, partnership or sole proprietorship, the partners, proprietor or any
person having any interest in the said firm, partnership or proprietorship [7][concerned
or having direct control thereof];
(q) “Private Person” shall mean any
person, other than a holder of public office;
(r) “Property” includes any or all
movable and immovable properties situated within or outside Pakistan;
(s) “Public-at-large” means at least one
hundred persons;
(t) “Government Property” means
property belonging to the Government and includes gifts, donations, financial
assistance, grants, aid received or collected in whatever name or for whatever
purpose by a holder of public office during the tenure of office; and
(u) “willful default” a person or a
holder of public office is said to commit an offence of willful default under
this Ordinance if he does not pay, or continues not to pay, or return or repay
the amount due from him to any bank, financial institution, cooperative
society, Government department or a statutory body or an authority established
or controlled by a Government on the date that it became due as per agreement
containing the obligation to pay, return or repay or according to the laws,
rules, regulations, instructions, issued or notified by the State Bank of
Pakistan, or the bank, financial institution, [8][cooperative]
society, Government department statutory body or an authority established or
controlled by a Government, as the case may be, and a thirty days notice has
been given to such person or holder of public office:
Provided that it is not
willful default under this Ordinance if 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 or a
Government department statutory body or an authority established or controlled
by Government:
Provided further that in the
case of default concerning a bank or a financial institution a seven days
notice has also been given to such person or holder of public office by the
Governor, State Bank of Pakistan:
Provided also that the aforesaid thirty days or seven days notice shall not apply to cases pending trial at the time of promulgation of the National Accountability Bureau (Amendment) Ordinance, 2001 (XXXV of 2001).]
*. 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]. Substituted
by National Accountability (Amendment) Act, XI of 2022, dated 22.6.2022.
[2]. Substituted
by National Accountability (Amendment) Act, (XXIV of 2023), dated 30.5.2023.
[3]. Inserted
by National Accountability (Amendment) Act, (XXIV of 2023), dated 30.5.2023.
[4]. Omitted
by National Accountability (Amendment) Act, (XXIV of 2023), dated 30.5.2023.
[5]. Inserted
by the National Accountability (Second Amdt.) Act, (XVI of 2022), dated
16.8.2022.
[6]. Substituted
by National Accountability (Amendment) Act, (XXIV of 2023), dated 30.5.2023.
[7]. Substituted
by National Accountability (Amendment) Act, (XXIV of 2023), dated 30.5.2023.
[8]. Substituted
by National Accountability (Amendment) Act, (XXIV of 2023), dated 30.5.2023.