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][9. Corruption and corrupt
practices. (a) 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) 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 for bearing 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
(ii) 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
(iii) if he dishonestly or fraudulently
mis-appropriates 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
(iv) if he by corrupt, dishonest, or illegal
means, obtains or, seeks to obtain for himself, or for his spouse or dependents
or any other person, any property, valuable things or pecuniary advantage; or
(v) if he or any of his dependents or other Benamidars,
through corrupt and dishonest means, owns, possesses or acquires rights or
title in assets substantially dis-proportionate to his known sources of income
which he can not reasonably account for.
Explanation I. The
valuation of immovable property shall be reckoned on the date of purchase
either according to the actual price shown in the relevant title documents or
the applicable rates prescribed by District Collector or the Federal Board of
Revenue whichever is higher. No evidence contrary to the later shall be
admissible.
Explanation II. For
the purpose of calculation of movable assets, the sum total of credit entries
of bank account shall not be treated as an asset. Bank balance of an account on
the date of initiation of inquiry may be treated as a movable asset. A banking
transaction shall not be treated as an asset unless there is evidence of
creation of corresponding asset through that transaction.
(vi) if he intentionally misuses his authority by
dis-regarding law so as to gain any monetary benefit or favour for himself or
any other person related to him or on his behalf.
Explanation I. That
an act done in good faith and in discharge of duties and performance of
official function shall not constitute an offence under this clause.
Explanation II. That
nothing shall be an offence of misuse of authority unless it is proved through
material evidence that the holder of public office has gained any monetary
benefit or asset from the person in whose favour the act of misuse of authority
has been rendered.
Explanation III. That
the authority of the holder of a public office shall be clearly specified as
per the applicable Government rules and regulations.
(vii) Omitted;
(viii) if he commits an offence of willful default;
or
(ix) if he commits the offence of cheating as
defined in Section 415 of the Pakistan Penal Code, 1860 (Act XLV of 1860) and
thereby dishonestly induces members of the public-at-large to deliver any
property including money or valuable security to any person:
Provided that nothing shall
be an offence under clause (ix) unless it is established that there was an
intention of Cheating at the time of initiation of a transaction.
Explanation. The civil and commercial
disputes between parties shall not be triable under the provisions of this
Ordinance.
Illustration
I: A runs a Ponzi scheme and gives profit to its investors with intent
to allure public. A is said to have committed cheating.
Illustration
II: A receives investments in a lawful business and continued to pay
agreed profits to the investors. Later the business runs into losses and a
defaults on his obligations. A has not committed cheating.
(x) if
he commits the offence of criminal breach of trust as defined in Section 405 of
the Pakistan Penal Code, 1860 (Act XLV of 1860) with regard to any property
including money or valuable security entrusted to him by members of the
public-at-large;
(xi) if he, in his capacity as a banker, merchant, factor, broker,
attorney or agent, commits criminal breach of trust as provided in Section 409
of the Pakistan Penal Code, 1860 (Act XLV of 1860) in respect of property
entrusted to him or over which he has dominion; and
(xii) if he aids, assists, abets, attempts or acts in conspiracy with a
person or a holder of public office accused of an offence as provided in
clauses (i) to (xi).
(b) Subject to the provisions
contained in Sections 439, 496, 497, 498 and 498-A of the Code, no Court other
than the Court established under this Ordinance shall have powers to grant bail
or order release of the accused.
(c) If after completing the
investigation of an offence against a holder of public office or any other
person, the Chairman NAB is satisfied that no prima facie case is made
out against him and the case may be closed, the Chairman NAB shall refer the
matter to a Court for approval and for the release of the accused, if in
custody.
(d) The closure of an inquiry or
investigation shall be communicated to the accused and such inquiry and
investigation shall not be reopened without prior permission of the Court.]