PAKISTAN BACKGROUND CHECK

We are providing comprehensive background verification Services which are providing you a safeguard with risk management consultancy throughout the Pakistan with strong network of professional, on-ground background screeners. We are rendering our compliance pertaining to our Services of checking the veracity of the information registered under various rules and regulations and these entities can record the authentic results of the background check.

Our ultimate goal is to find the facts behind the present proposal of association to take wise decision. We are providing you the background investigation Services in all over Pakistan which is also including Karachi, Lahore, Faisalabad, Rawalpindi, Multan, Gujranwala, Peshawar, Islamabad, Quetta, Sargodha, Sialkot, Bahawalpur, Sukkur, Dera Ghazi Khan, Mingora, Mirpur Khas, Chiniot Nawabshah, Kamoke, Kohat, Jacobabad, Shikarpur, Muzaffargarh, Khanpur, Gojra, Bahawalnagar, Abbottabad, Muridke, Vehari, Nowshera, Dadu, Wazirabad, Khushab, Charsada, Swabi, Chakwal, Mianwali, Tando Allahyar, Kot Adu etc. Kindly contact us on our email: info@gvs.ae to generate your query and we will revert you in stipulated time accordingly. Due to the sensitive nature of the Services all queries will dealt under strict confidentiality and under the influence of extreme ethical consideration.

General Information

GDP USD231.182bn (World ranking 44, World Bank 2012)
Population 179.16 million (World ranking 6, World Bank 2012)
Form of state Federal Republic
Head of government Mohammad Nawaz SHARIF
Next elections 2018, presidential

 

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PRODUCTS IN PAKISTAN

Data Protection

Contribution Details

Liaquat Merchant Associates

barristers-at-law,

Advocates & Corporate Legal Consultants

Darakhshan sheikh Vohra Partner

saqiba akhlaq Khan Associate

Law

There is, at the date of publication, no legislation regulating the protection of data in Pakistan. A draft Electronic Data Protection Bill, limited to protection of electronic data was circulated by the Ministry of Information in 2005.

Definition of Personal Data

In the absence of any legislation regulating the protection of data in Pakistan, the term

“personal data” is undefined.

Definition of sensitive Personal Data

In the absence of any legislation regulating the protection of data in Pakistan, the term

“sensitive personal data” is undefined.

National Data Protection authority

There is no national data protection authority in Pakistan.

Registration

Data controllers or collectors do not need to register with any authority.

Data Protection officers

Organizations in Pakistan are not required to appoint a data protection officer.

Collection and Processing

Data controllers can collect and process personal data under any conditions.

Transfer

Although the transfer of data to third parties is not specifically regulated under the laws of Pakistan, data cannot be transferred from Pakistan to a country which is not recognized by Pakistan. Pakistan currently does not recognize Israel, Taiwan, Kosovo, Somaliland, Nagorno Karabakh, Transnistria, Abkhazia, Northern Cyprus, Sahrawi Arab Democratic Republic,

South Ossetia and Armenia. This list may change from time to time. Furthermore, data can only be transferred to India if such a transfer can be justified by the transfer.

Besides being regulated by contractual terms, data collated by, inter alia, banks, insurance firms, hospitals, defense establishments and other “sensitive” installations/institutions cannot

be transferred to any individual/body unless it is transferred with the permission of the relevant regulator or similar bodies on a confidential basis. Additionally, in certain cases data cannot be transferred without the permission of the relevant client/customer.

Security

Data controllers do not have to fulfill any security requirements.

Breach notification

Data security breaches or losses do not have to be reported or notified to anybody or individual.

Enforcement

In the absence of any legislation in the sphere of data protection no body or entity enforces any law. Enforcement and appropriate relief may however be sought through courts of law having jurisdiction in the matter.

Electronic Marketing

There is, at the date of publication, no legislation regulating electronic marketing in Pakistan. Please note that an earlier law promulgated in this regard has since lapsed. A draft Prevention of Electronic Crimes Bill which may potentially deal with electronic marketing is currently under consideration of a select committee of the National Assembly. This draft law is more wide ranging in nature than its predecessor.

Online Privacy (including cookie’s and Location Data)

There is, at the date of publication, no legislation regulating online privacy in Pakistan. Please note that an earlier law promulgated in this regard has since lapsed. A draft Prevention of Electronic Crimes Bill which may potentially deal with online privacy is currently under consideration of a select committee of the National Assembly. This draft law is more wide

ranging in nature than its predecessor.

An Ordinance to extend the Prevention of Corruption Act, 1947, to the whole of the Province of West Pakistan

Preamble

— WHEREAS it is expedient to extend the Prevention of Corruption Act, 1947, to the whole of 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 in exercise of all powers enabling him in that behalf the Governor of West Pakistan is pleased to make and promulgate the following Ordinance:-

1. Short title. — This Ordinance may be called the Prevention of Corruption Act (West Pakistan Extension) Ordinance, 1958.

2. Extension of Act II of 1947 to the whole of West Pakistan. — The Prevention of Corruption Act, 1947, (hereinafter called the said Act), shall extend to the whole of the Province of West Pakistan.

3. Amendment of Act II of 1947. — In the said Act in its application to the Districts of Karat, Kharan, Mekran and Las Bela reference to any provision of the Pakistan Penal Code or the Code of Criminal Procedure, shall as far as possible, be deemed to be reference to the corresponding provisions of the Tazirat-e-Qalat and Zabata-e-Faujdari Qalat, as the case may be.

4. Repeal. — The Bahawalpur Prevention of Corruption Act, 1950, is hereby repealed.

An Ordinance to provide for the setting up of a National Accountability Bureau so as to eradicate corruption and corrupt practices and hold accountable all those persons accused of such practices and matters ancillary thereto;

Whereas it is expedient and necessary to provide for effective measures for the detection, investigation, prosecution and speedy disposal of cases involving corruption, corrupt practices, misuse or abuse of power or authority, misappropriation of property, taking of kickbacks, commissions and for matters connected and ancillary or incidental thereto;

AND WHEREAS there is an emergent need for the recovery of outstanding amounts from those persons who have committed default in the repayment of amounts to Banks, Financial Institutions, Governmental agencies and other agencies;

AND WHEREAS there is a grave and urgent need for the recovery of state money and other assets from those persons who have misappropriated or removed such money or assets through corruption, corrupt practices and misuse of power or authority;

AND WHEREAS there is an urgent need to educate the society about the causes and effects of corruption and corrupt practices and to implement policies and procedures for the prevention of corruption in the society;

AND WHEREAS there is an increased international awareness that nations should co-operate in combating corruption and seek, obtain or give mutual legal assistance in matters concerning corruption and for matters connected, ancillary or incidental thereto;

AND WHEREAS it is necessary that a National Accountability Bureau be set up so as to achieve the above aims;

AND WHEREAS the National Assembly and the Senate stand suspended in pursuance of the Proclamation of the fourteenth day of October, 1999, and the Provisional Constitution Order No.1 of 1999, as amended;

AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action;

NOW THEREFORE, in pursuance of the aforesaid Proclamation and Provisional Constitutional Order as well as Order No. 9 of 1999, and in exercise of all powers enabling him in that behalf, the President of the Islamic Republic of Pakistan is pleased to make and promulgate the following Ordinance:-

1. Short Title

This Ordinance may be called the National Accountability Ordinance, 1999 (No.XVIII of 1999).

2. Commencement

This Ordinance shall come into force at once and shall be deemed to have come into force from the 1st day of January 1985.

3.

The provisions of this Ordinance shall have effect notwithstanding anything contained in any other law for the time being in force.

4. Application

It extends to the whole of Pakistan and shall apply to all persons in Pakistan, all citizens of Pakistan and persons who are or have been in the service of Pakistan wherever they may be, including areas which are part of federally and Provincially Administered Tribal Areas.

5. Definitions

(a) “Accused” shall include a person in respect of whom there are reasonable grounds to believe, that he is or has been involved in the commission of any offence friable under this Ordinance or is subject of an investigation or inquiry by the National Accountability Bureau, or any other agency authorized by the National Accountability Bureau in this regard under this Ordinance.

(b) “Appropriate Government” means in relation to any person serving in connection with the affairs of the Federation, including any person employed by a corporation, body, financial institution, bank, authority undertaking or any other organization set up, controlled or administered by or under the authority of the Federal Government, the Federal Government and in other cases, the Provincial Government or the local government concerned.

(c) “Assets” means any property owned, controlled by or belonging to any accused, whether directly or indirectly, or held beamy in the name of his spouse or relatives or associates, whether within or outside Pakistan which he cannot reasonably account for, or for which he cannot prove payment of full and lawful consideration.

(d) “Associates” means-

(I) any person who is or has been managing the affairs of or keeping accounts for the accused or who enjoys or has enjoyed any benefit from the assets.

(ii) any association of persons, body of individuals, partnership firm or private limited company within the meaning of Companies Ordinance 1984, of which the accused is or has been a member, partner or director or which has been promoted, floated, established or run by the accused, whether singly or jointly, with other persons.

(iii) A trustee of any trust declared by the accused, or of which the accused is also a trustee or a beneficiary; and

(iv) A binomial;

(Da) “Binomial means any person who ostensibly holds or is in possession or custody of any property of an accused on his behalf for the benefit and enjoyment of the accused;

(e) “Chairman National Accountability Bureau” means a person who is appointed as such by the President of Pakistan as mentioned in section 6

(b) Hereafter;

(f) “Code” means the Code of Criminal Procedure, 1898;

(Far) “Conciliation Committee” means the Conciliation Committee constituted under section 25A”.

(g) “Court” means an Accountability Court which shall consist of a Judge who shall be appointed by the President of Pakistan, in consultation with the Chief Justice of the High Court of the Province concerned, on such terms and conditions as may be determined by the President;

(h) “Judge” means a Judge of a Court who shall be a serving District and Sessions Judge qualified to be appointed as Judge of the High Court and includes a Judge, whether serving or retired District and Sessions Judge, who was appointed Judge of a Court before the commencement of the National Accountability Bureau (Amendment) Ordinance, 2001;

(j) “Deputy Chairman National Accountability Bureau” means the person appointed as Deputy Chairman of the National Accountability Bureau by the President.

(k) “National Accountability Bureau” means the Bureau set up and notified under this Ordinance, (hereinafter referred to as NAB);

(l) “Freezing” includes attachment, sealing, prohibiting, holding, controlling or managing any property either through a Receiver or otherwise as may be directed by the Court or Chairman NAB, and in case it is deemed necessary the disposal thereof, by sale through auction or negotiation subject to confirmation by the Court or by Chairman NAB as the case may be after public notice.

(m) “Holder of public office” means a person who-

(I) has been President of Pakistan or the Governor of a Province.

(ii) is, or has been the Prime Minister, Chairman Senate, Speaker of the National Assembly, Deputy Speaker National Assembly, Federal Minister, Minister of State, Attorney General and other Law Officer appointed under the Central Law Officers Ordinance, 1970 (VII of 1970), Advisor to the Prime Minister, Special Assistant to the Prime Minister, Federal Parliamentary Secretary, Member of Parliament, Auditor General, Political Secretary, Consultant to the Prime Minister and holds or has held a post or office with the rank or status of a Federal Minister or Minister of State;

(iii) is, or has been, the Chief Minister, Speaker Provincial Assembly, Deputy Speaker Provincial Assembly, Provincial Minister, Advisor to the Chief Minister, Special Assistant to the Chief Minister, Provincial Parliamentary Secretary, Member of the Provincial Assembly, Advocate General including Additional Advocate General and Assistant Advocate General, Political Secretary, Consultant to the Chief Minister and who holds or has held a post or office with the rank or status of a Provincial Minister;

(iv) is holding, or has held, an office or post in the service of Pakistan, or any service in connection with the affairs of the Federation, or of a Province, or of a local council constituted under any Federal or Provincial law relating to the constitution of local councils, cooperative societies or in the management of corporations, banks, financial institutions, firms, concerns, undertakings or any to her institution or organization established, controlled or administered by or under the Federal Government or a Provincial Government, other than a person who is a member of any of the armed forces of Pakistan, except a person who is, or has been a member of the said forces and is holding, or has held, a post or office in any public corporation, bank, financial institution, undertaking or other organization established, controlled or administered by or under the Federal Government or a Provincial Government or, notwithstanding anything contained in the Pakistan Army Act, 1952 (XXXIX of 1952), or any other law for the time being in force, a person who is a civilian employee of the Armed Forces of Pakistan;

(v) has been, the Chairman or Vice Chairman of a zeal council, a municipal committee, a municipal corporation or a metropolitan corporation constituted under any Federal or Provincial law relating to local councils; and

“Explanation” For the purpose of this sub-clause the expressions “Chairman” and “Vice Chairman” shall include “Mayor” and

“Deputy Mayor” as the case may be, and the respective councilors therein.

(Van) is or has been a District Nazism or Nib Nazism, Tehsil Nazism or Nib Nazism or Union Nazism or Nib Nazism;

(vi) Has served in and retired or resigned from or has been discharged or dismissed from the Armed Forces of Pakistan.

(n) “Offence” means the offences of corruption and corrupt practices and other offences as defined in this Ordinance and includes the offences specified in the Schedule to this Ordinance.

(o) “PERSON”, unless the context otherwise so requires, includes in the case of a company or a body corporate, the sponsors, Chairman, Chief Executive, Managing Director, elected Directors, by whatever name called, and guarantors of the company or body corporate or any one exercising direction or control of the affairs of such company or a body corporate; and in the case of any firm, partnership or sole proprietorship, the partners, proprietor or any person having any interest in the said firm, partnership or proprietorship concern or direction or control thereof;

(p) “Property” includes any or all movable and immovable properties situated within or outside Pakistan;

(q) “Government Property” means property belonging to the Government and includes gifts, donations, financial assistance, grants, aid received or collected in whatever name or for whatever purpose by a holder of public office during the tenure of office; and;

(r) “Willful default”: a person or a holder of public office is said to commit an offence of willful default under this Ordinance if he does not pay, or continues not to pay, or return or repay the amount due from him to any bank, financial institution, cooperative society, Government department , statutory body or an authority established or controlled by a Government on the date that it became due as per agreement containing the obligation to pay, return or repay or according to the laws, rules, regulations, instructions, issued or notified by the State Bank of Pakistan, or the b ankh, financial institution, cooperative society, Government Department, statutory body or an authority established or controlled by a Government, as the case may be, and a 1thirty days notice has been given to such person or holder of public office.

Provided that it is not willful default under this Ordinance if such person or holder of public office was unable to pay return or repay the amount as aforesaid on account of any willful breach of agreement or obligation or failure to perform statutory duty on the part of any bank, financial institution, cooperative society, government department, statutory body or an authority established or controlled by Government:

Provided further that in the case of default concerning a bank or a financial institution a seven days notice has also been given to such person or holder of public office by the Governor, State Bank of Pakistan:

Provided further that the aforesaid thirty days or seven days notice shall not apply to cases pending trial at the time of promulgate on of the National Accountability Bureau (Amendment) Ordinance, 2001.”

5A. Tenure of a Judge

(1) A Judge of a Court who is a serving District and Sessions Judge shall hold office for a period of three years from the date of his initial appointment as such Judge.

(2) An incumbent Judge who on the 24th April, 2001, is not a serving District and Sessions Judge and has exercised option to serve as a Judge shall continue for a period of three years from the date of his initial appointment as such Judge.

(3) An incumbent Judge who is a serving District and Sessions Judge and retires while serving as such Judge shall, subject to his option, continue for a period of three years from the date of his initial appointment as such Judge.

(4) A Judge shall not be removed or transferred from his office before the completion of the term with his office without consultation of the Chief Justice of the High Court concerned.

5B.

Pensioner benefits to serving District and Sessions Judge retiring while serving as Judge of a Court. – Where a serving District and Sessions Judge retires while serving as a Judge of a Court, he shall be entitled to such pension as would have been admissible to him in his service as District and Sessions Judge, had he not been appointed as Judge of a Court, his service as a Judge of a Court being treated as service for the purpose of

Calculating that pension.

6. National Accountability Bureau

(a) There shall be constituted a National Accountability Bureau for the whole of Pakistan.

(b) Chairman, National Accountability Bureau:

(I) There shall be a Chairman NAB to be appointed by the President in consultation with the Leader of the House and the Leader of the Opposition in the National Assembly for a non-extendable period of four years on such terms and conditions as may be determined by the President and shall not be removed except on the grounds of removal of Judge of Supreme Court of Pakistan;

Provided that the present incumbent of the office of Chairman, NAB, shall complete the period of four years from the date of his initial appointment.

(ii) The Chairman NAB may, in writing under his hand, addressed to the President, resign his office.

(Bad) A person shall not be appointed as Chairman NAB unless he-

(I) is a retired Chief Justice or a Judge of the Supreme Court or a Chief Justice of a High Court; or

(ii) Is a retired officer of the Armed Forces of Pakistan equivalent to the rank of a Lieutenant General; or

(iii) Is a retired Federal Government Officer in BPS 22 or equivalent.” and

(c) Acting Chairman, National Accountability Bureau:

As and when the Chairman NAB is absent or unable to perform the functions of his office due to any reason whatsoever, the Deputy Chairman NAB, will act as the Chairman NAB, and in case the Deputy Chairman NAB, is absent or unable to perform the functions of the office, any officer of the NAB duly authorized by the Chairman NAB, to act as Chairman NAB, shall act as the Chairman NAB.

7. Deputy Chairman, National Accountability Bureau

(a) There shall be a Deputy Chairman NAB appointed by the President in consultation with the Chairman NAB. The Deputy Chairman NAB shall assist the Chairman NAB in the performance of his duties and shall carry out such functions as may be directed by the Chairman NAB.

(a) A person shall not be appointed as Deputy Chairman NAB unless he-

(I) is or has been an officer of the Armed Forces of Pakistan equivalent to the rank of a Major General; or

(ii) Is or has been a Federal Government officer in BPS 21 or equivalent;

(b) The Deputy Chairman NAB shall hold office for a non-extendable period of three years and shall not be removed except on the ground of misconduct as defined in sub-rule (4) of rule 2 of the Government Servants (Efficiency & Discipline) Rules, 1973.

8. Prosecutor General Accountability

(a)

(I) The President of Pakistan, in consultation with the Chairman NAB, may appoint any person, who is qualified to be appointed as a Judge of the Supreme Court, as Prosecutor General Accountability.

(ii) The Prosecutor General Accountability shall hold independent office on whole time basis and shall not hold any other office concurrently.

(iii) The Prosecutor General Accountability shall hold office for a non-extendable period of three years.

(iv) The Prosecutor General Accountability shall not be removed from office except on the grounds of removal of a Judge of Supreme Court of Pakistan.

(v) The Prosecutor General Accountability may, by writing under his hand addressed to the President of Pakistan, resign his office.

(b) The Prosecutor General Accountability shall give advice to the Chairman NAB upon such legal matters and perform such other duties of a legal character as may be referred or assigned to him by the Chairman NAB and in the performance of his duties, he shall have the right of audience in all Courts established under this Ordinance and all other Courts including the Supreme Court and a High Court and Tribunals.

(c) The Prosecutor General Accountability, with the approval of Chairman NAB, may appoint Special Prosecutors to conduct prosecution of cases and to appoint advocates to institute or defend cases, appeals, petitions, applications and all other matters before any court or tribunal including the High Courts and Supreme Court in matters arising out of or relating to proceedings under this Ordinance.

(d) In case the Prosecutor General Accountability is absent or unable to perform the functions of his office due to any reason whatsoever, any other Law Officer of the NAB, duly authorised by the Chairman NAB, shall act as the Prosecutor General Accountability.

9. Corruption and corrupt practices

(a) A holder of a public office, or any other person, is said to commit or to have committed the offence of corruption and corrupt practices-

(i) if he accepts or obtains from any person or offers any gratification directly or indirectly, other than legal remuneration, as a motive or reward such as is specified in section 161 of the Pakistan Penal Code (Act XLV of 1860) for doing or for-bearing to do any official act, or for showing or for-bearing to show, in the exercise of his official functions, favour or disfavour to any person, or for rendering or attempting to render any service or disservice to any person; or

(ii) if he accepts or obtains or offers any valuable thing without consideration, or for a consideration which he knows to be inadequate, from any person whom he knows to have been, or likely to be, concerned in any proceeding or business transacted or about to be transacted by him, or having any connection with his official functions or from any person whom he knows to be interested in or related to the person so concerned; or

(iii) if he dishonestly or fraudulently misappropriates or otherwise converts for his own use, or for the use of any other person, any property entrusted to him, or under his control, or willfully allows any other person so to do; or

(iv) if he by corrupt, dishonest, or illegal means, obtains or seeks to obtain for himself, or for his spouse or dependents or any other person, any property, valuable thing, or pecuniary advantage; or (v) if he or any of his dependents or benamindars owns, possesses, or has acquired right or title in any assets or holds irrevocable power of attorney in respect of any assets or pecuniary resources disproportionate to his known sources of income, which he cannot reasonably account for or maintains a standard of living beyond that which is commensurate with his sources of income; or

(vi) if he misuses his authority so as to gain any benefit or favour for himself or any other person, or renders or attempts to render 1or willfully fails to exercise his authority to prevent the grant, or rendition of any undue benefit or favour which he could have prevented by exercising his authority.

(vii) if he has issued any directive, policy, or any SRO (Statutory Regulatory Order) or any other order which grants or attempts to grant any 1undue concession or benefit in any taxation matter or law or otherwise so as to benefit himself or any relative or associate or a benamidar or any other person.

(viii) If he commits an offence of willful default, and; or

(ix) if he commits the offence of cheating as defined in section 415 of the Pakistan Penal Code, 1860 (Act XLV of 1860), and thereby dishonestly induces members of the public at large to deliver any property including money or valuable security to any person; or

(x) if he commits the offence of criminal breach of trust as defined in section 405 of the Pakistan Penal Code, 1860 (Act XLV of 1860) with regard to any property including money or valuable security entrusted to him by members of the public at large;

(xi) if he, in his capacity as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust as provided in section 409 of the Pakistan Penal Code, 1860 (Act XLV of 1860) in respect of property entrusted to him or over which he has dominion; and

(xii) if he aids, assists, abets, attempts or acts in conspiracy with a person or a holder of public office accused of an offence as provided in clauses (i) to (xi).”; and

(b) All offences under this Ordinance shall be non-bailable and, notwithstanding anything contained in section 2426, 491, 497, 498 and 561 A or any other provision of the Code, or any other law for the time being in force no Court shall have jurisdiction to grant bail to any person accused of any offence under this Ordinance.

(c) If after completing the investigation of an offence against a holder of public office or any other person, the Chairman NAB is satisfied that no prima facie case is made out against him and the case may be closed, the Chairman NAB shall refer the matter to a Court for approval and for the release of the accused, if in custody.

10. Punishment for corruption and corrupt practices

(a) A holder of public office, or any other person who commits the offence of corruption and corrupt practices shall be punishable with rigorous imprisonment for a term which may extend to 14 years and with fine and such of the assets and pecuniary resources of such holder of public office or person, as are found to be disproportionate to the known sources of his income or which are acquired by money obtained through corruption and corrupt practices whether in his name or in the name of any of his dependents, or benamindars shall be forfeited to the appropriate Government, or the concerned bank or financial institution as the case may be.

(b) The offences specified in the Schedule to this Ordinance shall be punishable in the manner specified therein.

(c) The Federal Government may, by notification in the official Gazette, amend the Schedule so as to add any entry thereto or modify or omit any entry therein.

(d) Notwithstanding anything to the contrary contained in any other law for the time being in force, an accused convicted by the Courts of an offence under this Ordinance, shall not be entitled to any remission in his sentence.

11. Imposition of fine

Where an accused found guilty of an offence is sentenced to pay a fine, the amount of the fine shall in no case be less than the gain de rived by the accused or any relative or associate by the commission of the offence.

12. Power to freeze property

(a) The Chairman NAB or the Court trying an accused for any offence as specified under this Ordinance, may, at any time, if there appear reasonable grounds for believing that the accused has committed such an offence, order the freezing of his property, or part thereof, whether in his possession or in the possession of any relative, associate or person on his behalf.

(b) If the property ordered to be frozen under sub-section (a) is a debt or other movable property, the freezing may be made:

(i) By seizure; or

(ii) By appointment of receiver; or

(iii) By prohibiting the delivery of such property to the accused or to anyone on his behalf; or

(iv) By all or any of such or other methods as the Court or the Chairman NAB as the case may be, deem fit.

(c) If the property ordered to be frozen is immovable, the freezing shall, in the case of land paying revenue, be made through the Collector of the district in which the land is situated, and in all other cases-

(i) By taking possession; or

(ii) By appointment of receiver; or

(iii) By prohibiting the payment of rent or delivery of property to the accused or to any other person on his behalf; or

(iv) By all or any of such methods as the Chairman NAB or the Court may deem fit:

Provided that any order of seizure, freezing, attachment or any prohibitory order mentioned above by the Chairman NAB, shall remain in force for a period not exceeding fifteen days unless confirmed by the Court, where the Reference under this Ordinance shall be sent by the Chairman NAB:

Provided further that notwithstanding anything to the contrary contained herein, that the order of Chairman NAB or the Court shall be effective from the time of passing thereof or proclamation thereof in a newspaper, widely circulated and dispatch at the last known address of the accused either by registered post A.D. or courier service or electronic media as the Court may deem proper having regard to the facts and circumstances of the case.

(d) If the property ordered to be frozen consists of livestock or is of a perishable nature, the Chairman NAB, or the Court may, if it deems proper and expedient, order the immediate sale thereof and the proceeds of the sale may be deposited with the Chairman NAB or the Court, or as either may direct as appropriate.

(e) The powers, duties, and liabilities of a receiver, if any, appointed under this section shall be the same as those of a receiver appointed under Order – XL of the Code of Civil Procedure, 1908 (Act V of 1908).

(f) The order of freezing mentioned in sub-sections ‘a’ to ‘e’ shall remain operative until the final disposal of the case by the Court, and in the event of the acquittal of the accused, shall continue to remain operative for a period of t en days after receipt of certified copy of the order of acquittal or release by NAB, where after it shall be subject to an order by the court in which an appeal, if any, is filed.

13. Claim or objection against freezing

(a) Notwithstanding the provisions of any law for the time being in force, the Court shall have exclusive jurisdiction to entertain and adjudicate upon all claims or objections against the freezing of any property under section 12 above. Such claims or objections shall be made before the Court within 14 days from the date of the order freezing such property.

(b) The Court may for sufficient cause extend the time for filing such claims or objections for a period not exceeding additional 14 days.

(c) 2The accused or any other aggrieved party, whose claim or objection against freezing of property has been dismissed by the Court, may, within ten days file an appeal against such order before the High Court.

14. Presumption against accused accepting illegal gratification

(a) Where in any trial of an offence under clauses (i), (ii), (iii) or (iv) of sub-section (a) of section 9 it is proved that an accused person has accepted or obtained, or has agreed to accept or attempted to obtain, for himself or for any other person any gratification, other than legal remuneration, or any valuable thing, or any pecuniary advantage from a person or any agent of a person, for any favor shown or promised to be shown by the accused, it shall be presumed, unless the contrary is proved, that he accepted or obtained, or agreed to accept or attempted to obtain, that gratification or that valuable thing or pecuniary advantage for himself or some other person, as the case may be, as a motive or a reward such as is specified in section 161 to 163 of the Pakistan Penal Code, 1860 (Act XLV of 1860), or, as the case may be, without consideration, or for a consideration which he believed to be inadequate.

(b) Wherein any trial of an offence punishable under section 165A of the Pakistan Penal Code, 1860 (Act XLV of 1860) it is proved that any gratification other than legal remuneration or any valuable thing has been given, or offered to be given, or attempted to be given, by any accused person, it shall be presumed, unless the contrary is proved, that he gave, or offered to give, or attempted to give, that gratification, or that valuable thing, as the case may be, as a motive or a reward such as is specified in section 161 to 163 of the said Code, or, as the case may be, without consideration or for a consideration which he believed to be inadequate.

(c) In any trial of an offence punishable under clause (v) of subsection (a) of section 9 of this Ordinance, the fact that the accused person or any other person on his behalf, is in possession, for which the accused person cannot satisfactorily account, of assets or pecuniary resources disproportionate to his known sources of income, or that such person has, at or about the time of the commission of the offence with which he is charged, obtained an accretion to his pecuniary resources or property for which he cannot satisfactorily account, the Court shall presume, unless the contrary is proved, that the accused person is guilty of the offence of corruption and corrupt practices and his conviction therefore shall not be invalid by reason only that it is based solely on such a presumption.

(d) In any trial of an offence under clauses (vi) and (vii) of section 9, the burden of proof that he used his authority, or issued any directive, or authorized the issuance of any policy or statutory rule or order (SRO), or made any grant or allowed any concession, in the public interest, fairly, justly, and for the advancement of the purpose of the enactment under which the authority was used, directive or policy or rule or order was issued or grant was made or concession was allowed shall lie on the accused, and in the absence of such proof the accused shall be guilty of the offence,

And his conviction shall not be invalid by the reason that it is based solely on such presumption:

Provided that the prosecution shall first make out a reasonable case against the accused charged under clause (vi) or clause (vii) of sub-section (a) of section 9.

15. Disqualification to contest elections or to hold public office

(a) Where an accused person is convicted of an offence under section 9 of this Ordinance he shall forthwith cease to hold public office, if any, held by him and further he shall stand disqualified for a period of ten years, to be reckoned from the date he is released after serving the sentence, for seeking or from being elected, chosen, appointed or nominated as a member or representative of any public body or any statutory or local authority or in service of Pakistan or of any Province:

Provided that any accused person who has availed the benefit of sub-section (b) of section 25 shall also be deemed to have been convicted for an offence under this Ordinance, and shall forthwith cease to hold public office, if any, held by him and further he shall stand disqualified for a period of ten years, to be reckoned from the date he has discharged his liabilities relating to the matter or transaction in issue, for seeking or from being elected, chosen, appointed or nominated as a member or representative of any public body or any statutory or local authority or in ser vice of Pakistan or of any Province.

(b) Any person convicted of an offence under section 9 of this Ordinance sh

Police Background Check Procedures

Who can apply?

• Individuals.
• Third party representatives (close relatives only) can apply, with written consent.
• Prospective employers cannot apply.

Where?

• Local applicants must apply through post or in person at relevant:
• City: Local city police officer/ local police station
• Town: Local district office of Senior Superintendent of Police (SSP)
• FATA areas: Local FATA agency
• Overseas applicants are advised to apply through the High Commission of Pakistan in Manchester or London, through post or in person.

What must the applicant supply?

Applicants must supply:
• Full name
• Full names of both parents/husband’s name
• Date and place of birth
• Permanent current address (UK or Pakistan)
• All previous/temporary addresses in Pakistan
• Pakistani Computerised National Identity Card (CNIC)/National Identity card for Overseas Pakistani’s (NICOP)/ Pakistan Origin Card (POC)
• Reasons for application with any supporting documentary evidence
• Photocopies of passport or NID (enquire beforehand)
• Fingerprints may be required at some police stations (enquire beforehand)
Third party representatives must supply:
• A photocopy of applicant’s British passport/foreign Visa page
• A photocopy of third party representative’s National Identity Card (NID)
• A letter in named in their behalf from subject, naming and granting the third party relative to obtain the certificate on their behalf
• An affidavit on judicial stamp paper from the third party relative, stating that they will receive the clearance certificate on subject’s behalf

What are the costs /turnaround times?

Local applicants:
• Rs.20 fee for Affidavit judicial stamp. Payable at station/office with an instant turnaround.
Overseas applicants:

• Fee may be applicable; contact local consulate.

• Turnaround is 4-7 months (dependent on clerk’s willingness to cross-reference and due to manual checking system)
• No fast track system in place.

Contact Details

Local applicants must consult their local Police station or SPCRO.
Overseas applicants must consult:
London High Commission
Counsellor (Welfare)
Community Welfare Division
High Commission for Pakistan
34 Lowndes Square
London SW1X 9JN
United Kingdom
Tel: (+44) 020-766-492-46
Fax: (+44) 020-782-314-79
Email: cwd@phclondon.org
Website: http://www.phclondon.org/cwd/cwd_london.asp
Manchester High Commission:
Counsellor (Welfare)
Community Welfare Wing
Consulate General of Pakistan
137 Dickenson Road
Rusholme
Manchester M14 5JB
Tel: (+44) 01612-253-368
Email: welfare.manchester@phclondon.org
Website: http://www.phclondon.org/cwd/cwd_manchester.asp

Risk

Sovereign risk

A narrowing of the current-account deficit in 2014, leading to a fall in the ratio of the external financing requirement to foreign exchange reserves, has caused the score to be on the cusp of B. A further narrowing of the budget deficit and current-account deficit could raise the rating to B.

Banking sector risk

The banking sector risk rating has improved to B from CCC, owing to the sustained positive net foreign asset position in the banking system and a lower external borrowing requirement.

Political risk

Large opposition party protests in 2014 weakened the civilian government and increased the military’s influence, as the government depended on the army to maintain law and order. The poor domestic security situation and the weakness of government institutions mean that political risk will remain elevated.

Economic structure risk

The economy faces a number of structural threats: the agricultural sector is dependent on the annual monsoon, while merchandise exports rely on the textile sector. The IMF loan programme, together with lower global oil prices, has provided an opportunity for the government to implement structural reform, but its efforts are likely to face strong political resistance.

Travel Risk

Security

The decision to travel is your responsibility. You are also responsible for your personal safety abroad. The Government of Canada takes the safety and security of Canadians abroad very seriously and provides credible and timely information in its Travel Advice. In the event of a crisis situation that requires evacuation, the Government of Canada’s policy is to provide safe transportation to the closest safe location. The Government of Canada will assist you in leaving a country or a region as a last resort, when all means of commercial or personal transportation have been exhausted. This service is provided on a cost-recovery basis. Onward travel is at your personal expense. Situations vary from one location to another, and there may be constraints on government resources that will limit the ability of the Government of Canada to provide assistance, particularly in countries or regions where the potential for violent conflict or political instability is high.

Karachi

From June 8-10, 2014, Tehrik-e-Taliban Pakistan gunmen laid siege to the Jinnah International Airport in Karachi, causing deaths and injuries. Although airport operations have resumed, expect disruptions and flight delays.

Karachi continues to experience unprecedented levels of violence, stemming mainly from the political situation. Although this violence is currently common in Orangi, Baldia, SITE, Liyari, Saddar, Liaquatabad, Korangi, Landhi, Shah Faisal Colony, Jamshed and Gulberg, it could spread to other areas. In response to spates of violence, various groups may call for strikes and protest marches, which tend to take place in the central areas of Karachi. These events could cause travel disruptions throughout the city and create the necessary conditions for additional violence. The June 3, 2014 arrest of the MQM political party’s leader, Altaf Hussain, in London, United Kingdom, may also lead to demonstrations and strikes throughout the province of Sindh, particularly in Karachi. Maintain a high level of vigilance, minimize your movements around the city, avoid large gatherings and demonstrations and stay away from areas where they may take place, as they could turn violent without warning.

Since January 2010, a series of targeted attacks in Karachi has killed a number of activists from Pakistan’s various political factions. While foreigners are not targeted by these killings, they may face incidental risks given that these acts could trigger violent demonstrations and rioting in Karachi. Expect tighter security measures and increased police presence in the affected areas of the city.

Express kidnappings have occurred in Karachi where the person is kidnapped for a couple of hours and forced to purchase goods and/or to withdraw money from an automatic banking machine (ABM).

Khyber Pakhtunkhwa Province and the Federally Administered Tribal Areas (see Advisory)

The security situation in Khyber Pakhtunkhwa Province and the Federally Administered Tribal Areas in northwestern Pakistan remains volatile due to sectarian violence and fighting between government forces and militants. Lawlessness is a serious concern in several areas. Bombings, shootings and mass demonstrations occur regularly, resulting in deaths and injuries. Curfews are sometimes imposed. The security situation in Swat and South Waziristan is particularly volatile. The military operations in these areas have caused a number of civilian casualties, including deaths.

Leave the area if it is safe to do so. Avoid road travel through Swat to Gilgit and Chitral.

Border with India (see Advisory)

Tensions between Pakistan and India remain since the November 2008 Mumbai attacks and are susceptible to sudden increase. You could experience difficulties when travelling between the two countries and may risk being scrutinized if officials from either country become aware that you have recently travelled to the other country.

A ceasefire is in effect along the Line of Control with India and at military outposts in the Karakoram Mountains, including the Siachen Glacier.

Exercise caution as the situation remains unpredictable.

Terrorism

The security situation remains fragile and unpredictable. The terrorist threat remains very high. Terrorist attacks have occurred throughout Pakistan, causing many deaths and injuries. Heightened security measures are currently in place throughout the country. Checkpoints may be set up without warning.

Suicide bombings, improvised explosive devices, and political assassinations were among the tactics used in these attacks. Some attacks involved detailed planning to maximize casualties by using multiple and consecutive explosions. Extremism, ethnic divisions, sectarian strife, regional political disputes, and the situation in Afghanistan are usually the reasons behind these attacks.

Attacks have taken place in public areas, such as airports, hotels, markets, transportation hubs, Western-style fast food outlets, restaurants and religious sites, including places frequented by foreigners. Terrorists also target popular trekking sites, such as Nanga Parbat, in Gilgit-Baltistan. Use only the very best hotels that have stringent security, including metal detectors; however, no location should be considered free of risks. Avoid mosques and their vicinities at prayer times, especially on Fridays.

Large cities, such as Karachi, Lahore and Peshawar, are particularly vulnerable to indiscriminate bombings and other attacks.

Be particularly vigilant in the lead-up to and on days of national significance, such as National Day (March 23), Independence Day (August 14), the Islamic month of Muharram and the Muslim holiday of Eid al-Fitr and Eid al-Adha. Expect heightened security measures and associated disruptions during these periods.

A court in the F8 market area of Islamabad was targeted by a terrorist attack that caused 11 deaths on March 3, 2014. The threat to foreigners in the capital has increased, and security has been reinforced at government installations in the downtown area of Islamabad known as the “Red Zone,” at the Marriott, Serena, Holiday Inn, and Best Western Hotels, and at the Margalla Motel. Avoid the Centaurus Mall and the Kohsar market.

Remain vigilant, keep a low profile, and continue to exercise caution while in Pakistan, particularly in areas regularly frequented by westerners.

Exercise extreme caution at all times and follow the advice of local authorities. Report any suspicious-looking package or behaviour immediately to the nearest security authorities.

Kidnapping

There is a very high risk of foreign nationals being kidnapped throughout Pakistan. Kidnapping for criminal and political purposes is a rising phenomenon. A number of foreigners, including diplomats, journalists and aid workers have been kidnapped in the past. Some foreigners have also been killed. Maintain a high level of vigilance at all times and use varied and unpredictable routes and schedules when moving from one place to another.

Demonstrations and civil unrest

Demonstrations and civil unrest may occur and have the potential to suddenly turn violent. Deaths, injuries and widespread violence have been reported. The current political situation, ethnic and sectarian conflicts, power cuts, and the rising price of commodities are among the current causes of concern.

Avoid all demonstrations and large gatherings, follow the advice of local authorities, monitor local media and minimize time spent in places frequented by foreigners.

Crime

Violent crime is a problem, particularly in Karachi. Armed robbery, random shootings and armed carjackings occur, mostly in major urban centres.

Avoid travelling after dusk, particularly in rural areas where road conditions are unsafe. Make arrangements to be met at the airport, especially if arriving after dark.

If travelling by car, keep valuable belongings out of sight, windows closed and doors locked.

Petty crime is common. To reduce the probability of becoming a victim, avoid showing signs of affluence and ensure that your personal belongings, passports and other travel documents are secure at all times. There are reports that cell phones, credit cards, and passports are currently favourite targets.

Cases of drugged food followed by robbery have been reported. Do not accept food or drinks from strangers, and do not leave food or drinks unattended in commercial establishments. Order only bottled drinks in order to maintain control of the situation.

Extortion and corruption can occur in the business environment. Tribal and criminal groups are usually behind these actions. Report any extortion attempts to Pakistani authorities and officials at the High Commission of Canada in Islamabad.

Forced marriages

Cases of Canadians being forced into marital arrangements have been reported. Some are detained in Pakistan against their will and subjected to threats, intimidation and violence by family members. Passports have been retained by family members and some victims have been unable to return to Canada.

Forced marriages are contrary to Canadian law. If you are in Canada and you believe that you are being forced to travel overseas or to marry, contact provincial social welfare authorities and the local police. You may also contact the Emergency Watch and Response Centre. In Pakistan, contact the nearest Canadian government office.

For more information about forced marriages, consult our Marriage Overseas FAQ and our publication entitled Her Own Way: A Woman’s Safe-Travel Guide.

Regional travel

Avoid overland travel into Sindh province unless police are notified well in advance and are able to make the necessary security arrangements. Avoid rural areas of the provinces of Sindh and Punjab due to banditry.

The province of Baluchistan, which borders Iran and Afghanistan, is notorious for cross-border smuggling.

Travel to Hunza via the Karakoram highway only during daylight hours. Two drivers should be present if travelling by bus. Sections of the road are very narrow with precipitous drops and are sometimes partially obstructed by rock and earth slides.

Trekking and climbing

Use licensed guides and tourist agencies only.

Avoid the disputed areas along the border with India (Karakoram Mountains). The following peaks are considered dangerous: Rimo; Apsarasas I, II and III; Tegam Kangri I, II and III; Suingri Kangri; Ghiant I and II; Indira Col; and Sia Kangri.

Road travel

Traffic drives on the left. Road conditions are poor. Roads are mostly unpaved outside major urban centres, narrow, crowded, and poorly lit and signed. Many vehicles do not have proper lights for night driving. Accidents are common. Four-wheel-drive vehicles are strongly recommended. If an accident occurs and you feel that your safety is threatened, leave the area and report the accident to the nearest police station.

Do not use public transportation or taxis.

Avoid rail travel as it has been targeted by rioters and terrorists in the past. Rail accidents have occurred as a result of low safety and maintenance standards.

See Transportation Safety in order to verify if national airlines meet safety standards.

General safety information

Carry copies of your passport and visa at all times.

Ensure that your passport and other travel documents are valid and readily available.

Heightened security measures are currently in place throughout the country. Checkpoints may be set up without warning.

Canadian officials may not be in a position to provide consular assistance to Canadians in some parts of the country due to security concerns or in areas where the Government of Pakistan prohibits entry or requires advance permission for entry.Emergency services.

Dial 15 for emergencies throughout Pakistan.

Annual Cases

Budget Autonomy No
Annual Budget of the Agency (US) $5.8 Million
Per Capital Expenditure
Expeniture as % of the GDP
Are employees protected by law from recrimination or other negative consequences when reporting corruption (i.e. whistle-blowing)? Yes
Does your country have freedom of information legislation? Yes
Does your country have conflict of interest legislation? No
Does your country have a financial disclosure system to help prevent conflicts of interest? Yes
Who appoints the head of your agency? The President of Pakistan.
Who has the authority to remove the head of the ACA? Cannot be removed except on the ground of misconduct, like that of removal of Judge of Supreme Court under Article 209 of the constitution.
Is there any term limit for the head of the ACA? Yes , four years and non-extendable.
Does your agency measure performance? Yes
Number of investigations launched
Number of investigations completed
Full access to Government Yes

Address Format

RECIPIENT

[FLOOR] [APARTMENT]
[BUILDING]
[HOUSE_NUMBER -] [STREET_NAME]
AREA
[CITY_DISTRICT]
LOCALITY POSTAL_CODE
PAKISTAN

Sample

ADNAN AMIN
7-SAGHIR SHAHEED ROAD
RUKH SINGH PURA
GUJRANWALA 52091
PAKISTAN

Summary

Pakistan GDP Last Previous Highest Lowest Unit
GDP 236.62 224.88 236.62 3.71 USD Billion
GDP Growth Rate 4.14 3.70 10.22 -1.80 percent
GDP Annual Growth Rate 4.14 3.70 10.22 -1.80 percent
GDP Constant Prices 10713053.00 10163048.00 10713053.00 8216160.00 PKR Million
Gross National Product 11175600.00 10565132.00 11175600.00 3778155.00 PKR Million
GDP per capita 806.38 772.90 806.38 219.37 USD
Gross Fixed Capital Formation 1307698.00 1301149.00 1560186.00 1268315.00 PKR Million
GDP per capita PPP 4549.27 4360.35 4549.27 2961.40 USD

 

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