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 immediate action;

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:
 

1.

Short title and commencement.

(1)

This ordinance may be called the Ehtesab (Amendment) Ordinance, 1998.

(2)

It shall come into force at once.

2.

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."

3.

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.

4.

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.

5.

Amendment section 14, Act IX of 1997.

In the said Act, in section 14, for the word "shall" the word "may" shall be substituted.

6.

Amendment of section 15, Act IX of 1997.

In the said Act, in section 15,-

(i)

for sub-section (4) the following shall be substituted namely:-

"(4)

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".

(ii)

After sub-section (4) substituted as aforesaid, the following new sub-section shall be inserted, namely:-

"(4A)"

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."

(iii)

for sub-section (6) the following shall be substituted, namely:-

"(6)

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

(iv)

After sub-section (7) the following new sub-section shall be added, namely:

"(8)

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.

(9)

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."

7.

Amendment of section 16, Act IX of 1997.

In the said Act, in section 16,-

(i)

sub-section (1) shall be omitted; and

(ii)

for sub-section (2), the following shall be substituted, namely

"(2)

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."

8.

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.

9.

Amendment of section 26, Act IX of 1997.

The existing section 26 shall be numbered as sub-section (1) of that section and

after sub-section (1) numbered as aforesaid the following new sub-section shall be added, namely:-

(2)

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.

10.

Insertion of new sections 29A and 29B, Act IX of 1997.

In the said Act, the following new sections shall be inserted, namely:-

"29A.

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-

(a)

if the withdrawal is made before the charge has been framed, the accused shall be discharged in respect of such offence; and

(b)

if the withdrawal is made after the charge has been framed, the accused shall be acquitted of such offence."

"29B.

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".

11.

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.