Ehtesab (Amendment) Ordinance, 1998
Ordinance II of 1998
AN ORDINANCE further to amend the Ehtesab Act, 1997
WHEREAS it is expedient further to amend the Ehtesab Act, 1997 (IX of
1997), for the purpose hereinafter appearing;
AND WHEREAS the National Assembly is not in session and the President
is satisfied that circumstances exist which render it necessary to take
NOW, THEREFORE, in exercise of powers conferred by Clause (10 of Article
89 of the Constitution of the Islamic Republic of Pakistan, the President
is pleased to make and promulgate the following Ordinance:
Short title and commencement.
This ordinance may be called the Ehtesab (Amendment) Ordinance, 1998.
It shall come into force at once.
Substitution of expression "Cell"
In the Ehtesab Act, 1997 (IX of 1997), hereinafter referred to as the said
act, for the world "Cell", wherever occurring, the word "Bureau" shall
be substituted, and any reference to the expression "Ehtesab Cell" in relation
to any appointments made, or pending references, inquiries, investigations,
directions or any other matter whatsoever shall be construed to be a reference
to the "Ehtesab Bureau."
Amendment of section 2, Act IX of 1997.
In the said Act, in section 2, in clause (a), for the words, brackets and
figures "sub-section (1) of section 16" the words and figures "section
15" shall be substituted.
Amendment of Section 3, Act IX of 1997.
In the said Act, in section 3, in sub-section (1), in clause (d), for the
words "his spouse or dependents" the words "any other person" shall be
substituted and shall be deemed always to have been so substituted.
Amendment section 14, Act IX of 1997.
In the said Act, in section 14, for the word "shall" the word "may" shall
Amendment of section 15, Act IX of 1997.
In the said Act, in section 15,-
for sub-section (4) the following shall be substituted namely:-
- The reference made to the Ehtesab Bureau under sub -section (3) shall
be deemed to be information under section 154 of the Code, and the responsibility
for inquiring into or investigating an offence alleged to have been committed
under this Act shall rest on the Ehtesab Bureau to the exclusion of any
other agency or authority, and the said Bureau shall be required to examine
all materials, evidence and proof".
- After sub-section (4) substituted as aforesaid, the following new
sub-section shall be inserted, namely:-
- For the purpose of an inquiry and investigation under sub-section
(4), the Chairman, members and such officers and servants of the Ehtesab
Bureau as may be designated by the Chairman of the Ehtesab Bureau shall
have and exercise all the powers of an officer-in-charge of a police station
under the Code and for that purpose may cause the attendance of any person
and may also require the assistance of any agency, police officer or other
officials, and the agency or, as the case may be, the police officer or
other officials whose assistance has been sought by the Bureau shall render
such assistance: Provided that no person shall be arrested without the
permission of the Chief Ehtesab Commissioner."
- for sub-section (6) the following shall be substituted, namely:-
- On the completion of the inquiry and investigation indicating that
the matter requires to be referred to the Court it shall be the duty of
the Ehtesab Bureau to communicate to the Chief Ehtesab Commissioner its
appraisal of the material and evidence and where a reference is made by
the Chief Ehtesab Commissioner to the Court the appraisal communicated
by the Ehtesab Bureau to the Chief Ehtesab Commissioner shall be deemed
to be a report under section 173 of the Code"; and
- After sub-section (7) the following new sub-section shall be added,
- If at any time the Ehtesab Bureau is of the opinion that a case pending
in any other court falls within the ambit of this Act it shall refer the
matter to the Chief Ehtesab Commissioner who may apply to the court in
which any such case is pending for a transfer of the said case and, if
the application is granted the case shall stand transferred to the Court,
and shall be continued, under the Act, and it shall not be necessary for
the Court to recall and witness or once again record any evidence that
may have been taken.
- Save where a case is transferred to the Court under sub-section (8),
any case pending in any other court at the commencement of this Act shall
be tried before that court under and in accordance with the law under which
it is being tried."
Amendment of section 16, Act IX of 1997.
In the said Act, in section 16,-
- sub-section (1) shall be omitted; and
- for sub-section (2), the following shall be substituted, namely
- The Chief Ehtesab Commissioner shall have the power, at any stage
of the proceedings under this Act, to direct that the
accused, if not already arrested, shall be arrested at the case referred
to the Court for trial in accordance with law. The reference to
Court by the Chief Ehtesab Commissioner shall contain the substance of
the act of corruption and corrupt practices alleged to have
been committed by the accused and a copy of such reference shall be forwarded
to the Registrar of the Court having jurisdiction to try the accused, and another copy shall be given to the accused on demand."
Amendment of section 18, Act IX of 1997.
In the said Act, in sub-section (2), after the word "by" the words "a Magistrate
nominated by" shall be inserted.
Amendment of section 26, Act IX of 1997.
The existing section 26 shall be numbered as sub-section (1) of that section
after sub-section (1) numbered as aforesaid the following new sub-section
shall be added, namely:-
- The Chief Ehtesab Commissioner may prefer an appeal to the Supreme
Court from an order acquitting the accused or passing a
sentence lesser than the maximum sentence authorised by law, passed by
the Court under this Act within thirty days of such order.
Insertion of new sections 29A and 29B, Act IX of 1997.
In the said Act, the following new sections shall be inserted, namely:-
- Withdrawal from prosecution.- The special prosecutor may with the
previous permission of the Chief Ehtesab Commissioner
in writing, withdraw from the prosecution of any person either generally
or in respect of any one or more offences for which he is
being tried and upon such withdrawal-
- if the withdrawal is made before the charge has been framed, the accused
shall be discharged in respect of such offence; and
- if the withdrawal is made after the charge has been framed, the accused
shall be acquitted of such offence."
- Indemnity.- Notwithstanding anything contained in any other law for
the time being in force, no suit, prosecution, or legal
proceedings shall be against any person for anything done, or intended
to be done, in good faith under or in pursuance of this Act or
any rules framed or order made under this Act".
Amendment of section 31, Act IX of 1997.
In the said Act, in section 31, in sub-section (2), in clause (c), for
the words "under this Act" the words "but before a Court constituted hereunder
and as if the said Ordinance had not been repealed" shall be substituted
and shall be deemed always to have been so substituted.