A. Movable property
B. Immovable property
C. Both A and B
D. None of above
Updated by: Ijaz Ali
Power to freeze property:
12. (a) The Chairman NAB or the Court trying 8[an accused] for any offence as specified under this Ordinance, may, at any time, if there 8*** appear reasonable grounds for believing that the accused has committed such an offence, order the freezing of his property, 9*** 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 1[fifteen] days unless confirmed by the 2* Court, where the Reference under this Ordinance shall be sent by 3[the Chairman] NAB:
Provided further that notwithstanding 4[anything to the contrary contained herein,] that the order of 3[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 5[either by registered post A.D. or courier service or 6* * * electronic media as the 7[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).
1[(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 ten days after receipt of certified copy of the order of acquittal 2[or release] by NAB, whereafter it shall be subject to an order by the court in which an appeal, if any, is filed.
Correct Answer: Movable property ✔
Last Updated: August 26, 2020