Section 30: Powers of the investigating officers of the Commission

30. Powers of the investigating officers of the Commission.—(1) An investigating officer carrying out an investigation or inspection may, only after the written order of the Commission signed by 1[a commissioner, or an officer, authorized in this behalf] enter any place or building— (a) to inspect and make copies of or take extracts from any book, minute book, register or document; and (b) where he has reason to believe that an offence has been committed under this Act 1[any administered legislation] or any other law in respect of which the Commission has power to make investigation or inspection, to search for, seize, take possession of and detain any object, article, material, thing, accounts book or other document, including any travel or other personal document which may be used as evidence. 1Subs. by Act No. XXXVI of 2016, s. 15. 1[(1A) The investigator shall, for the purposes of investigations, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (Act V of 1908), while trying suit in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any witness and examining him on oath or affirmation; (b) compelling the discovery or production of any document, record or other material object; (c) receiving evidence on affidavit; and (d) issuing commissions for the examination of witnesses and documents. (1B) In addition to sub­section (3), any person who contravenes the requirements of clause (a), (b) and (c) of sub­section (IA), the investigator may, after prior written approval of the Commission, make an application to the Court for attachment of property, both movable and immovable, or require him to furnish security for his appearance or any other order as the Court deems appropriate and necessary and in addition, the Commission may pass any order under Chapter XIA on a report of the investigation officer. (1C) Notwithstanding anything contained in Qanun­e­Shahadat Order, 1984 (P.O. 10 of 1984) all evidence collected though modern electronic devices and such other techniques shall be admissible in the court of law. (1D) Any proceeding before the investigator shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Pakistan Penal Code, 1860 (Act XLV of 1860) and in case of any contravention thereof the Commission may file a complaint in the Court of Sessions.] (2) When an order has been made under sub­section (1) an investigating officer of the Commission may, by notice in writing, require any person to produce before him such books, registers or documents as are in the custody or under the control of that person. (3) A person who— (a) fails deliberately to produce any such books, registers or documents as are required by the Commission or an investigating officer; or (b) obstructs or hinders an investigating officer while exercising any of the powers under this section; shall be guilty of an offence and shall be liable on conviction to a fine which may extend to one million rupees or to imprisonment for a term not exceeding one month, or to both. (4) Any accounts, book or other document seized and taken possession of by the investigating officer of the Commission under sub­section (1) may be inspected by any person if such person is entitled to inspect such accounts, book or document under this Act, and if so authorized to do in writing by the Commission. 1Ins. by Act No. XXXVI of 2016, s. 15. (5) Sub­section (1) shall not be construed as limiting or affecting any similar powers conferred on any person under any other law. (6) Any person aggrieved by the conduct of an investigating officer may lodge a complaint in respect thereof to the Commission. (7) The Commission shall, within fifteen days of receipt of the complaint under sub­section (6) commence a hearing to determine the veracity of such complaint in accordance with such procedure as may be prescribed by rules made by the Federal Government.

Effective date: 1997-01-01

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