7.         Declaration not to commit corrupt business practice:              (1)    Any person entering into a specified contract with the government shall, on demand, furnish a declaration sworn on oath that he has not given, or agreed to give, and shall not give, any commission, gratification, bribe, finder’s fee or kickback, whether described as consultation fee or otherwise, for obtaining or modifying any contract, permission, sanction, licence or other benefit in whatsoever form from the government.

(2)        Every specified contract entered into with the government shall include, and be deemed to include, a term that the person entering into a contract has, or will on demand, furnish a declaration under sub-section (1).

 

8.        Declaration in relation to existing contracts:

1)         Every person who has entered into a specified contract with the government which has not yet been fully implemented shall, within seven days, or such further period as may be specified by the government, on service of a notice, furnish a declaration sworn on oath as to whether or not he has, directly or indirectly, given, or agreed to give, any commission, gratification, bribe, finder’s fee or kickback, whether described as consultation fee or otherwise, to any person for obtaining or modifying the said contract.

Explanation:

(1)        A contract shall be deemed not to have been implemented in full if any obligations are subsisting thereunder and shall include cases in which contracts or modifications thereof, were obtained through promoters, sponsors, directors, share holders, affiliates, associates or brokers.

(2)        Where a company which is required to furnish a declaration fails to furnish it, the government shall stand absolved from all obligations under the contract with such person, without prejudice to its right to recover damages or compensation.

(3)        No criminal proceedings shall be initiated against a person making a true declaration, under subsection (1) in relation to existing contracts, of any commission, gratification, bribe, finder’s fee or kick-back paid by him, directly or indirectly, for obtaining or modifying a contract, permission, sanction, licence or other benefit in whatsoever form from the government.

(4)        Notwithstanding the provisions of section 6, the government may, in the public interest, and for reasons to be recorded, agree to renegotiate an existing contract.

 

9.        Declaration by companies:

(1)        Where the person obtaining a specified contract from the government, or required to file a declaration is a company, the declaration shall be furnished on oath by the chief executive of the company of a person duly authorized by the board of directors of the company in this behalf. In the case of a foreign company a confirmatory declaration shall, in addition, be made on oath by the person in charge of its operation in Pakistan (if any);

(2)        In the event of a false declaration having been given it shall not be a valid defence for the declaration to claim that he was personally unaware of the factual position.

 

10.      Punishment for false declaration: Where a person furnishes a false declaration, he shall be guilty of an offence punishable with imprisonment for a term which may extend to three years, or fine, or both, and shall also e liable to pay an amount equivalent to the concealed amount to the government.

 

11.      Cognizance of offences: No court shall take cognizance of an offence punishable under this Ordinance except on a complaint made by order of, or under authority of, the Federal Government or an officer empowered in this behalf by the said Government.

 

12.      Inquiry in relation to offences:  

(1)        The Federal Government may appoint any government servant, or any other person who is an advocate of a High Court, or is a qualified chartered accountant within the meaning of the Chartered Accountants Ordinance, 1961 (X of 1961), or is a banker to carry out an enquiry in relation to any declaration made, or required to be made, under this Ordinance and such government servant or person shall have all the powers of a Civil Court, while trying a civil suit under the Code of Civil Procedure, 1908 (Act No. V of 1908), in respect of the following matters, namely:

(a)        summoning and enforcing the attendance of any person and examining him on oath;

(b)        requiring the recovery and production of any documents whether within or outside Pakistan;

(c)        receiving evidence on affidavit; and

(d)        issuing commissions for the examination of witnesses or documents.

(2)        Nothing contained in sub-section (1) is intended to, or shall have the effect of, restricting the powers of any police officer for or in relation to any offence committed under this Ordinance.

 

 

Schedule

1.         Energy sector industry that is to say electricity and gas

Print Friendly, PDF & Email

Related Case Law