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Banking Offence Ordinance

Banking Offence Ordinance

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Published by khan112

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Published by: khan112 on Jul 08, 2009
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12/31/2012

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THE OFFENCES IN RESPECT OF BANKS (SPECIAL COURTS) ORDINANCE,1984._________CONTENTS______SECTIONS.
1.
 
Short title, extent and Commencement.2.
 
Definitions.3.
 
Establishment of Special Courts.4.
 
Scheduled offence to be tried by Special Court.5.
 
Procedure of a Special Court.6.
 
Powers of Special Court.7.
 
Transfer of property void.8.
 
Accused not to depart from Pakistan or be employed by any person.9.
 
Burden of proof.10.
 
Appeals from sentences passed by Special Court, etc.11.
 
Indemnity.12.
 
Ordinance to override other laws.
FIRST SCHEDULESECOND SCHEDULE.____________ORDINANCE NO. IX OF 1984[23
rd
February, 1984]
An Ordinance to provide for speedy trial of certain offences committed in respectof banks and for matters connected therewith or incidental thereto;
WHEREAS
it is expedient to provide for speedy trail of certain offencescommitted in respect of banks and for matters connected therewith or incidental thereto;
 
The Offences in Respect of Banks (Special Courts) Ordinance, 1984.
2
AND WHEREAS
the President is satisfied that circumstances exist which renderit necessary to take immediate action;
NOW, THEREFORE
, in pursuance of the Proclamation of the fifth day of July,1977, and in exercise of all powers enabling him in that behalf, the President is pleased tomake and promulgate the following Ordinance:-
1.
 
Short tittle, extend and commencement.-
(1)This Ordinance may be called theOffences in Respect of Banks (Special Courts) Ordinance, 1984.(2)
 
It extends to the whole of Pakistan and also applies to the business of a bank transacted outside Pakistan.(3)
 
It shall come into force at once.
2. Definitions.-
In this Ordinance, unless there is anything repugnant in the subject orcontext,(a)
 
“bank” has the same meaning as in the Banks (Nationalization) Act, 1974,and includes.(i)
 
a scheduled bank as defined in the State Bank of Pakistan Act,1956;(ii)
 
the Pakistan Industrial Credit and Investment Corporation, theInvestment Corporation of Pakistan the National DevelopmentFinance Corporation, the Bankers Equity Limited and the NationalInvestment Trust;(iii)
 
a Government Savings Bank to which the Government SavingsBanks Act, 1873, applies; and(iv)
 
such other company, institution or body as the Federal Governmentmay, by notification in the official Gazette, declare to be a bank forthe purposes of this Ordinance;(b)
 
“Code “means the Code of Criminal Procedure, 1898;(c)
 
“relative” in relation to a person, means(i)
 
spouse of the person;(ii)
 
brother or sister of the person;
XIX of 1974.XXX-IIIof 1956.V of 1873.
 
The Offences in Respect of Banks (Special Courts) Ordinance, 1984.
3
(iii)
 
brother or sister of the spouse of the person;(iv)
 
any lineal ascendant or descendant of the person;(v)
 
any lineal ascendant or descendant of the spouse of the person;(vi)
 
spouse of person referred to in sub-clause (ii), (iii), (iv) or (v); or(vii)
 
any lineal ascendant of a person referred to in sub-clause (ii) or (iii);(d)
 
“scheduled offence” means an offence specified in the First Schedule andalleged to have been committed in respect, or in connection with thebusiness, of a bank; and(e)
 
“Special Court” means a Special Court constituted under section 3.
3.
 
Establishment of Special Courts.
- (1) The Federal Government may, by notificationin the Official Gazette, establish as many Special Courts as it considers necessary to tryscheduled offences and appoint a Judge for each of such Courts, and where it establishesmore Special Courts than one, it shall specify in the notification the territorial limits withinwhich each of the Special Courts shall exercise jurisdiction under this Ordinance.
4.
 
Scheduled offence to be tried by Special Court.-
(1) Notwithstanding anythingcontained in the Code, the scheduled offences shall be tribal exclusively by a specifyCourt.(2)
 
The Federal Government may, from time to time, by notification in theofficial Gazette, include in the First Schedule such other offences as it deems necessary orexpedient.(3)
 
All cases relating to a scheduled offence pending in any court other than aSpecial Court immediately before the commencement of this Ordinance shall, on suchcommencement, stand transferred to the Special Court having jurisdiction over such cases.(4)
 
Whenever an offence is included in the First Schedule under sub-section(2), all cases relating to that offence pending in any court other than a Special Courtimmediately before such inclusion shall stand transferred to the Special Court having jurisdiction over such cases.(5)
 
In respect of cases transferred to a Special court by virtue of sub-section (3)or sub-section (4), the Special Court shall not, by reason of the said transfer, be bound torecall and rehear any witness who has given evidence in the case before transfer and mayact on the evidence already recorded by or produced before the court which tried the casebefore the transfer.

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