FROZEN OR FORFEITED DRUG ASSETS (ADMINISTRATION,
MANAGEMENT, MAINTENANCE AND DISPOSAL) RULES, 2001
[Gazette of Pakistan
November 28, 2001 ]
S.R.O. 809 (I)/2001. In exercise of the powers conferred by section 77
of the Control of the Narcotic Substances Act, 1997 (XXV of 1997), the .Federal Government is pleased to make the
following rules, namely:-
CHAPTER-I
PRELIMENARY
1. Short title and commencement. (1) These rules may be called the Frozen or Forfeited Drug Assets (Administration,
Management, Maintenance And Disposal) Rules, 2001.
(2)
They shall come into force at once.
2. Definition. (1) In these rules unless there is any thing
repugnant in the subject or context:-‑
(a)
"Act" means the Control of Narcotic Substances Act, 1997(XXV of 1997);
(b) "Administrator" means any officer
appointed by the Federal Government under sub-section (1) of section 44 of the
Act;
(c) "Form" means form annexed to these
rules;
(d)
"Fund" means the national fund for Control of Drug Abuse constituted under sub-section (1) of section 54 of
the Act; and
(e)
"godown" means a godown for storage of assets frozen or forfeited to
the Federal Government under the Act and received
by the Administrator for management, maintenance and disposal.
(2)
The words and expressions used but not defined herein shall have the same
meaning as assigned to them in the Act.
CHAPTER-II
ASSISTANCE TO THE ADMINISTRATORS
3. Assistance to the Administrator. The Federal Government may from
time to time, provide such members of staff and other persons as it thinks fit to assist the Administrator in exercise
of his powers and performance of
duties under these rules.
CHAPTER-III
DESIGNATION OF GODOWNS, RECEIPT AND MANAGEMENT OF PROPERTY
4. Designation of godowns. (1) Subject to the approval of the Federal
Government, the Administrator shall designate as many godowns as may be
necessary for the storage of assets frozen or forfeited to the Federal Government under the Act and received by him for
management, maintenance and disposal.
(2) The Director-General or the
Administrator shall select godowns, referred
to in sub-rule (1), as per Government rules, keeping in view the security
of the premises, storage capacity, nature of assets and other relevant factors.
(3) Each designated godown shall
have a godown keeper and a godown-in-charge
to assist the Administrator.
5. Proper accounting of properties. The Administrator shall, at the -time of
receiving the assets, insure proper identification of such assets with reference to its particulars mentioned in the
freezing order or as the case may be,
the forfeiture order made under the Act.
6. Godown register. The Administrator shall cause to be maintained register in Form-I for recording entries in respect
of assets, other than the assets,
referred to in rule 7.
7. Godown register for valuables. The Administrator shall cause to
be maintained a register in Form-II for recording entries in respect of asset, namely gold and gold jewellery, diamonds
(including rough and uncut diamonds), precious and semi-precious stones
other than diamonds and wrist watches (hereinafter called `valuables').
8. Storage of Assets. (1) The Administrator shall ensure that the packages containing valuables are kept in the
godown in an iron safe and vault, under double lock system and one key
shall remain with the godown keeper and the
other to be retained by the godown-Incharge.
(2) Valuables as mentioned in
rule 7 shall preferably be kept in the State Bank of Pakistan or any nationalized bank.
Their deposit or withdrawal should be
allowed on a joint signatures of two officers of gazetted rank.
(3) The packages referred to in
sub-rules (1) and (2) and shall be stored
systematically, inquiry-wise/case-wise, serial-wise, year-wise and with proper
identification marks to facilitate re-checking and inspection.
9. Management of landed, building, property, hotels, business concerns,
factories and industrial units etc. The
Administrator may authorize any member of staff and/or other persons,
provided to him by the Federal Government under rule 3, to take possession of
vacant landed or building, property or
hotels or business concern or factories or industrial unit, in respect
of which:‑
(a) an order or
order of freezing of such landed or building or property or hotel or business concerns or factories or industrial unit have been made under the Act; and
(b) an order or order for forfeiture of such landed
or buildings or property or hotel or
business concern or factories or industrial
unit have been made under the Act.
10. Occupation of landed or building or property or assets like hotels,
business concerns, factories and industrial units. (1) Where any property or business in the nature of land or
building or hotel or business concern or
factories or industrial unit etc. is in possession of a lessee or a tenant or any management and against such property
or assets a freezing order under the
Act has been made, the Administrator may, with the approval of the
Federal Government, allow the lessee or tenant management of assets to continue
to be in occupation of such land or building or property or assets like hotel,
business concern, factory, industrial unit etc. in accordance with such terms and conditions which existed on the date
of passing a freezing order or
orders under the Act.
(2) The income derived from such
property or shall be kept in the National
Banks of Pakistan as in the case of Government money.
(3) Where any property or asset
is declared not liable to be forfeited under
the Act, the Administrator shall, within the time fixed by the Court or in
the absence of such fixation of time reasonable time, return to the person such property or asset and the income derived
therefrom after deducting such expenses, if any, which were incurred
under his administrative control on the maintenance
and management of the property or asset.
11. Record of land or building or property or assets like hotels,
business concerns, factories and industrial units. The Administrator shall
maintain a record of land or building, property or assets like hotel, business concern, factory, industrial unit etc in
From-III.
12. Storage of assets other than
valuables. (1) Move-able assets other than valuables shall be stored in almirahs
and racks.
(2) Each almirah and rack shall
have a stock-card indicating the case number
and full description of the assets stored therein.
13. Placement of stock-cards. The godown-in-charge shall ensure that the racks or almirahs or any other thing used
for storage of assets, display stock-card indicating the inquiry number
or case number, and full description of the
assets stored.
14. Opening and re-sealing of the packages. (1) Where any package is to
be opened for any reason, the same shall be opened in the presence of the owner and the concerned
godown-in-charge after obtaining the
order of the Director-General or Administrator.
(2) The packages shall be
re-sealed immediately after the purpose, for which such packages were opened,
is served in the presence of the owner and
the concerned godown-in-charge.
(3) At the time of re-sealing,
the owner and the concerned godown-in-charge,
shall affix their seals.
15. Maintenance of frozen/forfeited or confiscated conveyances. Conveyance
such as aircraft, vessels, motor vehicles and any other mode of conveyance shall be properly kept in godown.
CHAPTER-IV
DISPOSAL OF ASSETS
16. Disposal of livestocks, perishables etc. Subject to the sale
proceeds being credited to the Fund, save when the Director-General otherwise
directs, the committee, to be nominated by Director-General in consultation
with the Administrator, shall dispose of the livestock and assets which is perishable in nature or prone to decay
in the manner as deemed fit.
17. Disposal of valuables. Subject to the sale proceeds being credited
to the Fund and subject to the approval to the Director-General, the committee,
to be nominated, by Director-General in consultation with the Administrator, shall dispose of the valuables
mentioned below in the following manner, namely:‑
(a) the valuables,
such as gold, gold jewellery, silver and silver jewellery, shall be deposited in the Fund.
(b) (i) rough and uncut diamonds
shall be sold either by auction or tender to the import licence holders against
debit of their licences; and
|
(ii) cut and polished diamonds shall be sold by auction or tender with the specific condition that such
diamonds shall be exported.
(c) (i) rough
and uncut precious and semi-precious stones other than diamonds shall be sold
by auction or tender to holder of import licences against debit of their
licences, in the internal market; and
(ii) cut and polished precious and semi-precious
stones, other than diamonds shall be
sold internally, by auction or by tender.
18. Disposal of currency. Pakistan
and Foreign currency shall be deposit in
State Bank of Pakistan
19. Disposal of other assets. Assets other than those referred to
in rules 16 to 18 shall be disposed of by
public auction.
20. Disposal of landed or building property or assets like hotel,
business concern, factories, industrial unit etc. Subject to the relevant
provisions of any law relating to the acquisition or disposal of immovable property and also subject to the sale proceeds
being credited to the Fund under section
54 of the Act, the landed or building property or assets like hotel,
business concern, factories, industrial unit shall be disposed of by public
auction by the committee to be nominated by the Director-General in consultation with the Administrator.
21. Disposal of conveyances. Conveyances, such as aircraft, vessels,
vehicles and other mode of conveyance, shall be sold by public auction or by
tender, by a Committee to be nominated by Director-General in consultation with the Administrator.
22. Disposal of frozen bank deposits.
In case of frozen bank deposits, the full amount is to be credited in
Fund.
23. Furnishing reports and returns. The Administrator shall furnish a
quarterly statement to the Director-General for submission to the Federal
Government indicating the value of the assets received and disposed of and the closing balance of all assets kept in
the godowns and banks.
CHAPTER-V
PERIODICAL RECORD AND INSPECTIONS
24. Periodical reports. The godown-in-charge shall submit, every month, a report to the Administrator of the assets
received or disposed of during that
period.
25. Periodical inspection. The Director-General and Administrator with a view to ensuring safety, security, proper
accounting and management of all
assets in the godowns, may conduct physical inspection and verification
with the help of such officers and experts as he thinks fit on six monthly
basic.
26. Record of receipt and disposal. The Administrator shall maintain a record of receipt and disposal of all
assets received and disposed of under the rules and shall also maintain
an account of all income received and expenditure incurred on receipt,
management and disposal of such assets.
CHAPTER-VI
SHARING WITH FOREIGN STATE
27. Sharing forfeited property with
foreign State. (1) In pursuance to an agreement signed
between the competent authorities of a foreign State and Government of Pakistan
as provided in section 65 of the Act, the Director-General, after obtaining
approval of Ministry of Foreign Affairs, Ministry
of Finance and the Secretary, Narcotics Control Division, shall be the
Competent Authority on behalf of the Federal Government of Pakistan to sign this agreement in order to regulate the
reciprocal sharing of the following proceeds of disposition, namely:‑
(i) property
forfeited by the Federal Government of Pakistan in accordance with the
provisions of the Act and the proceeds arising from disposition of property by
the foreign State; and
(ii) amount paid
or recovered on account of fines imposed in accordance with the provisions of
the Act, in relation to proceedings
commenced at the instance of the Government of Pakistan and amounts paid or recovered on account of fines imposed in lieu of forfeiture under the laws
of that foreign State, where law
enforcement agencies of that foreign
State, or of Pakistan, as the case may be, have participated in the investigation of the offence or offences that
led to the forfeiture of the property of the imposition of the fine.
28. Contribution of each State. The Director-General shall
determine a percentage representing the contribution of the Government of
Pakistan, with prior approval of Ministry of Foreign Affairs and Ministry of
Finance, to be determined, as per bilateral agreement between the two
countries.
29. Determination of amount available for sharing. (1) The amount
that is available for sharing shall include:‑
(a) amount of
net proceeds of a person's property that has been forfeited in connection with one or more offences committed by such persons; and
(b) the amount of any fine ordered by the Court to be
paid by their person in connection with the offence or offences committed by such persons.
(2)
The following amounts may be subtracted from the above amount before
sharing with foreign government or agencies, subject to the approval of Law and
Finance Divisions, namely:‑
(a) defraying expenses properly incurred in the
prosecution and other processes and issues connected thereto; and
(b) payments to any person on account of compensation
or rewards by Director-General.
CHAPTER VII
FUNCTIONS AND
POWERS OF DIRECTOR-GENERAL
30. Functions of the
Director-General. The Director-General shall perform the following
functions, namely:-‑
(a) provide
consultative and other services to law enforcement agencies in relation to the seizure or forfeiture of any property under the Act;
(b) subject to
the Code of Criminal Procedure, 1898 (Act V of 1898), the Act and any other law for the time being in
force, manage any property referred to in the rules in such manner as
the Director-General considers appropriate by advancing money to:‑
(i)
maintain the ongoing operation of the property;
and
(ii) satisfy
the terms of any order concerning environmental, industrial labour or property standards to which the property is subject;
(c) supervise
the Fund and ensure that the funds are kept in a profit and loss account in the National Bank of Pakistan
(d) supervise the work of committee headed by
Administrator as constituted by him;
(e) on behalf of
Federal Government, receive from Foreign Governments,
all money to be transferred to Pakistan
(f) hire the services of any person after due sanction
of Federal Government; and
(g) do any other
thing that the Federal Government may consider to be incidental to, or
necessary or expedient for, carrying out the
purposes of these rules.
FORM-I
(See rule 6)
GODOWN REGISTER
1.
Godown entry S. No.
2.
Narcotics drugs and Psychotropic Substances Crime No.
3.
Description of asset in the sealed packages/containers.
4.
No. of packages/containers.
5.
Quantity (packages/containerwise).
6.
Name(s) and address(es) of accused.
7. Name with official designation
and address of freezing/seizing/depositing
officer.
8. Facsimile of the seal put on
the packages/containers by the freezing
officer/ seizing officer/depositing officer.
9.
Date and time of deposit.
10. Particulars of exit and
re-entry for exhibiting to Competent Authority/Court.
11.
Date and time of removal for disposal.
12. Disposal particulars.
13. Certificate of disposal
including price payment particulars and
credit to the Fund.
14.
Remarks of the Inspecting Officer(s).
Form-II
(See rule 7)
GODOWN REGISTER FOR VALUABLE
1.
Godown entry S. No.
2.
Narcotics drugs and Psychotropic Substances Crime No.
3. Description of the valuables in
packages/containers.
4.
No. of packages/containers (item-wise).
5.
Condition of seal at the time of entry.
6.
Quantity (package/container-wise).
7. Name(s) and address(es) of
accused.
8.
Name with official designation and address of freezing / seizing /
depositing officer.
9. Facsimile of the seal put on
the packages / containers by the freezing /
seizing / depositing officer.
10.
Date and time of deposit.
11. Particulars not exit and
re-entry for exhibiting to Competent Authority/Court.
12. Date and time of removal for
disposal.
13. Disposal particulars.
14.
Certificate of disposal including price payment particulars and credit
to the National Fund for control of Drugs Abuse.
15. Remarks of the Inspecting
Officer(s).
FORM-III
(See rule II)
RECORD FOR LANDED AND BUILDING PROPERTY
|
Sr. No,
|
Crime No.
|
Particulars
of the last
owner(s)
|
Location
|
Description as
per Municipal
revenue or other relevant records
|
Area in case of land
|
Value
|
Monthly/annual
income
|
Remarks
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
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