13
Power of Survey
Act: Anti-Money Laundering Ordinance 2009
Section Provisions
ORDINANCE XXVII OF 2009 ORDINANCE XXVII OF 2009 ANTI-MONEY LAUNDERING ORDINANCE, 2009 An Ordinance to provide for prevention of money Laundering [Gazette of Pakistan, Extraordinary, Part I, 26th November, 2009] No.2 (I) 12009-Pub., dated 26-11-2009.--The following Ordinance promulgated by the President is hereby published for general information: Whereas, it is expedient to provide for prevention of money laundering and forfeiture of property derived from, or involved in, money laundering and for matters connected therewith or incidental thereto; And, whereas the National Assembly is not in session and the President is satisfied that circumstances exist which render it necessary to take immediate action; Now, therefore, in exercise of the powers conferred by clause (1) of Article 89 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to make and promulgate the following Ordinance:- 13. Power of Survey.--(1) Notwithstanding anything contained in any other provisions of this Ordinance, where an investigating officer, on the basis of material in his possession, has reasons to believe that an offence of money laundering has been committed, he may, with the permission of the Court, enter any place,- (a) Within the limits of the area assigned to him; or (b) In respect of which he is authorized for the purposes of this section by such other authority who is assigned the area within which such place is situated, at which any act constituting the commission of such offence is carried on, and may require any proprietor, employee or any other person who may at that time and place be attending in any manner to, or helping him in, such act so as to,- (i) Afford him the necessary facility to inspect such record as he may require and which may be available at such place; (ii) afford him the necessary facility to check or verify the proceeds of crimes or any transaction related to proceeds of crimes which may be found therein; and (iii) Furnish such information as he may require as to any matter which may be useful for, or relevant to, any proceedings under this Ordinance. Explanation.--For the purpose of this subsection, a place, where an act which constitutes the commission of the offence is carried on, shall also include any other place, whether any activity is carried on therein or not, in which the person carrying on such activity states that any of his records or any part of his property relating to such act are or is kept. (2) The investigating officer referred to in subsection, shall, after entering any place referred to in that subsection and within forty-eight hours immediately after completion of survey, forward a copy of the report on survey, along with the reasons and copies or details of the material in his possession, to the head of the concerned investigating agency in a sealed envelope and shall keep such record and material in such manner and, for such period, as may be prescribed. (3). The investigating officer acting under this section may,- (a) Place marks of identification on the records inspected by him and make or cause to be made extracts or copies there from, (b) Make an inventory of any property checked or verified by him, and (c) Record the statement of any person present in the place which may be useful for or relevant to any proceeding under this Ordinance.