ISLAMABAD, Jan 9 (APP): President Mamnoon Hussain promulgated
an ordinance on Saturday night to disqualify, for life, the public office holders as well as government servants who benefit from the National
Accountability Bureau’s laws of voluntary return and plea bargain.
The NAB Amendment Ordinance 2017 will come into force on Sunday
and would be tabled before the Senate on January 9, for consideration as said by Minister for Finance Ishaq Dar on Saturday.
The ordinance introduced amendments in the clause 25 of the
ordinance which deals the subjects of the plea bargain and voluntary return.
Following are the clauses of the ordinance promulgated by the
President.
AN ORDINANCE
further to amend the National Accountability, Ordinance, 1999
WHEREAS it is expedient further to amend the National
Accountability Ordinance, 1999 (XVIII of 1999), for the purposes hereinafter appearing;
AND WHEREAS the National Assembly and Senate are not in Session and the President is satisfied that circumstances exist which render it necessary to take immediate action;
Now, THEREFORE, in exercise of the powers conferred by
clause (1) of Article 89 of the Constitution of Islamic Republic of
Pakistan, the President is pleased to make and promulgate the
following ordinance:-
1. Short title and commencement.-(1) This Ordinance may be
called the National Accountability (Amendment) Ordinance, 2017.
2. It shall come into force at once.
2. Amendment of section 15, Ordinance XVIII of 1999.- In the
National Accountability Ordinance (XVIII of 1999), in section 15, for
sub-section (a), the following shall be substituted, namely:-
“(a) where an accused person is convicted of an offence under section
9, of this ordinance he shall forthwith cease to hold public office, if any,
held by him and further he shall stand disqualified from being a holder of public office.”
3. Substitution of section 25, ordinance XVIII of 1999.- In the said
ordinance, for section 25, the following shall be substituted, namely:-
“25 Voluntary return.- (1) Notwithstanding anything contained in any
other law for the time being in force or section 18, a holder of public office or other person, before or after authorization of investigation against him or filing of the Reference or commencement of the trial or during pendency of an appeal, voluntarily offers to return to the NAB the illegal gain received, acquired or made by him, plus capital gain thereon and profit at the bank rate from the date of its illegal receipt, acquisition, or making till deposit, the NAB may, after taking into consideration the facts and circumstances of the case, accept such
offer, subject to approval of the concerned Court or Appellate Court as the case may be.
(2) The holder of the public office or other person shall deposit with
the NAB the amount of the illegal gain plus capital gain thereon and profit as determined by the Court or Appellate Court and comply with such other terms and conditions as the Court may consider appropriate, whereupon the case shall stand closed and such holder of the public office or other person if in custody shall be released.
(3) Notwithstanding the closure of his case under sub-section (2),
such holder of public office or other person shall be deemed to have been convicted of the offence of corruption and corrupt practices and-
(i) shall stand disqualified from being a holder of public office; and
(ii) if such person is in service of Pakistan or any autonomous body,
organization, institution, undertaking, concern or establishment controlled or administered by or under the Federal Government or a Provincial Government, shall stand dismissed from service forthwith without any pecuniary benefits and shall not thereafter be eligible to hold public office.
(4) The illegal gain plus capital gain and profit deposit with the NAB
under sub-section (2) shall be transferred to the federal government or, as the case may be, a provincial government or the bank or financial institution, company, body corporate, co-operative society, statutory body, authority or person concerned within thirty days from the date of such deposit.