Section 18: Cognizance of offences

18. Cognizance of offences.— (a) The 4[*]Court shall not take cognizance of any offence under this Ordinance except on a reference made by 6[the Chairman NAB or an officer of the NAB duly authorised by him.] (b) A reference under this Ordinance shall be initiated by the 1[*] National Accountability Bureau on— (i) a reference received from the 2[***] appropriate government; or (ii) receipt of a complaint; or (iii) 3[its] own accord. 4[(c) Where the Chairman NAB, or an officer of the NAB duly authorized by him, is of the opinion that it is, or may be, necessary and appropriate to initiate proceedings against any person, he shall refer the matter for inquiry 5[. If after completion of inquiry the allegations of commission of an offence under this Ordinance are substantiated with material evidence, the matter shall be converted into investigation: Provided that the report of the inquiry shall be provided to the accused.]] (d) The responsibility for inquiry into and investigation of an offence alleged to have been committed under this Ordinance, shall rest on the NAB to the exclusion of any other agency or authority, unless any agency or authority is required to do so by the Chairman 6[NAB] 7[or by an officer of the NAB duly authorised by him]5[*]. 5[(e) * * * * * * *] (f) Any Inquiry 8[or] Investigation under this Ordinance shall be completed 5[within six months] 9[***]. (g) The 10[*] Chairman NAB, 11[or 12[*] an officer of the NAB duly authorized by him,] shall appraise the material and the evidence placed before him during the inquiry and the investigation, and if he decides that it would be proper and just to proceed further 13[and there is sufficient material to justify filing of a reference], he shall refer the matter to 14[a] Court. (h) If a complaint is inquired into and investigated by the NAB and it is concluded that the complaint received was prima facie frivolous or has been filed with intent to malign or defame any persons, the Chairman 1[NAB] or Deputy Chairman NAB or 2[an officer of the NAB duly authorised by the Chairman NAB], may refer the matter to the Court, and if the complainant is found guilty he shall be punishable with imprisonment for a term which may extend to one year, or with fine or with both.

Effective date: 1999-01-01

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