THE PREVENTION OF CORRUPTION (WEST PAKISTAN AMENDMENT) ORDINANCE, 1960

 

THE PREVENTION
OF CORRUPTION (WEST PAKISTAN AMENDMENT) ORDINANCE, 1960

 

(W.P. Ordinance XVII of 1960)

 

C O N T E N T S

 

SECTIONS

 

         1.         Short title.

         2.         Insertion of sections 5-B and 5-C in
Act I of 1947.

[1]THE PREVENTION OF CORRUPTION (WEST PAKISTAN AMENDMENT) ORDINANCE,
1960

 

(W.P. Ordinance XVII of
1960)

 

[17 May 1960]

An Ordinance to amend the
Prevention of Corruption Act, 1947, in its application to the Province of West Pakistan

Preamble.—
WHEREAS it is expedient to amend the Prevention of Corruption Act, 1947, in its
application to the Province of
West
Pakistan, in the manner hereinafter appearing;

      Now,
THEREFORE, in pursuance of the Presidential Proclamation of the seventh day of
October, 1958, and having received the previous instructions of the President, the
Governor of West Pakistan is pleased, in exercise of all powers enabling him in
that behalf, to make and promulgate the following Ordinance:-

1.   Short
title.— This Ordinance may be called the
Prevention of Corruption (West Pakistan Amendment) Ordinance, 1960.

2.   Insertion of sections 5-B and 5-C in Act I
of 1947.— After section [2][5-A
of the Prevention of Corruption Act, 1947 as in force in the Province of West
Pakistan] the following new sections shall be inserted namely:-

      “5-B.  Declaration
of assets.— (1) When the Provincial Government on receipt of information
and after making such enquiries as it may deem necessary, is satisfied that
there is reason to believe that any public servant or any other person on his
behalf is in possession of pecuniary resources or property disproportionate to
the known sources of income of such public servant it may, by order require
such public servant or other person to furnish in the prescribed manner and
within the prescribed time a statement of his property and liabilities and such
information relating thereto as may be required by the order.

 

      (2)  If
such public servant or person—

            (a)  upon being so required by an order under
sub-section (1) fails to furnish the statement or information or furnishes a
statement or information which he knows or has reasonable cause to believe to
be false or not true in any material particular, or

 

            (b)  makes
in any book, account, record, declaration, return or other document, which he
is required by an order under sub-section (1) to furnish, any statement which
he knows or has reasonable cause to believe to be false or not true in any
material particular,

      he shall be punishable with imprisonment for a term which
may extend to three years and shall also be liable to fine.

      5-C.  Possession of property disproportionate to
known sources of income.— (1) Any public servant who has in his possession
any property, movable or immovable, either in his own name or in the name of
any other person, which there is reason to believe to have been acquired by
improper means and which is proved to be disproportionate to the known sources
of income of such public servant shall, if he fails to account for such
possession to the satisfaction of the Court trying him, be punishable with
imprisonment for a term which may extend to seven years and with fine, and on
such conviction the property found to be disproportionate to the known sources
of income of the accused by the Court shall be forfeited to the Provincial
Government.

 

                     (2)     The reference in sub-section (1) to property acquired by
improper means shall be construed as a reference to property acquired by means
which are contrary to law or to any rule or instrument having the force of law
or by coercion, undue influence, fraud or misrepresentation within the meaning
of the Contract Act, 1872[3].”

 

---

[1]This Ordinance was
promulgated by the Governor of West Pakistan on 16th May, 1959; published in
the West Pakistan Gazette (Extraordinary), dated 17th May, 1960, pages 2067-68;
saved and given permanent effect by Article 225 of the Constitution of the
Islamic Republic of Pakistan (1962).

 

[2]Inserted by the West Pakistan Laws (Extension to 
Karachi) Ordinance, 1964 (VII of
1964).

 

[3]IX of 1872.