22. False statements.
No person shall, when complying with any order or direction under section 19 or when
making any application or declaration to any authority or person for any purpose under
this Act, give any information or make any statement which he knows or has reasonable
cause to believe to be false, or not true, in any material particular.
23. Penalty and procedure.
(1) Whoever contravenes, attempts to contravene or abets the contravention of any of
the provisions of this Act or of any rule, direction or order made thereunder other than
the provisions of sub-sections (2), (3) and (5) of section 3, sub-section (3) of section
4, section 10, sub-section (1) of section 12 and sub-section (3) of section 20 or any
rule, direction or order made thereunder shall no/with-standing anything contained in the
Code of Criminal Procedure, 1898, be tried by a Tribunal constituted by Section 23A, and
shall be punishable with imprisonment for a term which may extend to two years or with
fine or with both, and any such Tribunal trying any such contravention may, if it thinks
fit, and in addition to any sentence which it may impose for such contravention, direct
that any currency, security, gold or silver, or goods or other property in respect of
which the contravention has taken place shall be confiscated.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, any
offence punishable under this section shall be cognizable and nonbailable for such period
as the Federal Government may from time to time, by notification in the official Gazette,
declare.
(3) A Tribunal shall not take cognizance of any offence punishable under this section and
not declared by the Federal Government under the preceding sub-section to be cognizable
for the time being or of an offence punishable under Sections 122 and 150 of the Income
Tax Ordinance, 1979 (XXXI of 1979), as applied by Section 19, except upon complaint in
writing made by a person authorised by the Federal Government or the State Bank in this
behalf.
Provided that where any such offence is the contravention of any of the provisions of this
Act or any rule, direction or order made thereunder which prohibits the doing of an act
without permission and is not declared by the Federal Government under the preceding
sub-section to be cognizable for the time being, no such complaint shall be made unless
the person accused of the offence has been given an opportunity of showing that he had
such permission.
(3A) A person authorized under sub-section (3) to make a complaint in writing shall, if he
is not already a public servant within the meaning of section 21 of the Pakistan Penal
Code (Act XLV of 1860), be deemed to be a public servant within the meaning of that
section.
(4) Where the person guilty of an offence under this Act is a company or other body
corporate every director, manager, secretary and other officer thereof who is knowingly a
party to the offence shall also be guilty of the same offence and liable to the same
punishment.
23. (A) Tribunal, its powers etc.
(1) Every Sessions Judge shall, for the areas within the territorial limits of his
jurisdiction, be a Tribunal for trial of an offence punishable under section 23.
(2) A Tribunal may transfer any case for trial to an Additional Sessions Judge within its
jurisdiction who shall, for trying a case so transferred, be deemed to be a Tribunal
constituted for the purpose.
(3) A Tribunal shall have all the powers of a Magistrate of the First Class in relation to
criminal trials, and shall follow as nearly as may be the procedure provided in the Code
of Criminal Procedure, 1898, for trials before such Magistrate, and shall also have powers
as provided in the said Code in respect of the following matters, namely:
(a) directing the arrest of the accused;
(b) issuing search warrants;
(c) ordering the police to investigate any offence and report;
(d) authorizing detention of a person during police investigation;
(e) ordering the release of the accused on bail.
(3A) For the purposes of sub-section (3), the Code of Criminal Procedure, 1898 (Act V of
1898), shall have effect as if an offence under this Act were one of the offences referred
to in sub-section (1) of section 337 of the Code.
(4) All proceedings before a Tribunal shall be deemed to be a judicial proceeding within
the meaning of sections 193 and 228 of the Pakistan Penal Code, and for the purposes of
section 196 thereof, and the provisions relating to the execution of orders and sentences
in the Code of Criminal Procedure, 1898, shall, so far as may be, apply to orders and
sentences passed by a Tribunal.
(5) As regards sentences of fine, the powers of a Tribunal shall be as extensive as those
of a Court of Session.
(6) The State Bank of Pakistan or any other person aggrieved by a judgement of a Tribunal
may, within three months from the date of the judgement, appeal to the High Court.
(7) Save as provided in the preceding sub-section, all judgements and orders passed by a
Tribunal shall be final.
23. (B) Authorisation of Adjudicating officers and their powers etc.
(1) Authorisation of Adjudicating officers and their powers etc.—(1) The Federal
Government may, by notification in the official Gazette, authorise in relation to any area
specified in the notification any officer of the State Bank to act as the Director of
Adjudication, an Additional Director of Adjudication, a Senior Deputy Director of
Adjudication, a Deputy Director of Adjudication and an Assistant Director of Adjudication
(in this Act referred to as the Adjudicating Officer).
(2) Subject to such conditions and limitations as the Federal Government may impose, an
Adjudicating Officer may exercise the powers and discharge the duties conferred or imposed
on him by this Act and shall also be competent to exercise the powers and discharge the
duties conferred upon any Adjudicating Officer subordinate to him:
Provided that, notwithstanding anything contained in this Act or the rules made
thereunder, the State Bank may, by general or special order, impose such conditions or
limitations on the exercise of such powers or discharge of such duties as it thinks fit.
(3) The State Bank may, by notification in the official Gazette, and subject to such
limitations or conditions, if any, as may be specified therein, empower.
(a) any Additional Director of Adjudication or Senior Deputy Director of Adjudication or
Deputy Director of Adjudication or Assistant Director of Adjudication to exercise the
powers of the Director of Adjudication under this Act;
(b) any Senior Deputy Director of Adjudication or Deputy Director of Adjudication or
Assistant Director of Adjudication to exercise any of the powers of an Additional Director
of Adjudication under this Act.
(c) any Deputy Director of Adjudication or Assistant Director of Adjudication to exercise
any of the powers of a Senior Deputy Director of Adjudication under this Act; and
(d) any Assistant Director of Adjudication to exercise the powers of a Deputy Director of
Adjudication under this Act.
(4) Save as provided in sub-sections (5) and (6), if any person contravenes or attempts to
contravene or abets the contravention of the provisions of sub-sections(2), (3) and (5) of
section 3, sub-section (3) of section 4, section 10, sub-section (1) of section 12 or
sub-section (3) of section 20 or any rule, direction or order made thereunder, he shall be
liable to such penalty not exceeding five times the amount or value involved in such
contravention or five thousand rupees, whichever is more, as may be adjudged by the
Director or Additional Director of Adjudication or any other Adjudicating Officer having
jurisdiction under sub-section (8) to take cognizance of such contravention, and, if he
persists in such contravention, or where the contravention or default is a continuing one,
to a further penalty which may extend to two thousand rupees for every day during which
the offence or, as the case may be the contravention or default continues.
(5) If any authorised dealer.
(a) In any return or other document or declaration or in any information required or
furnished by or under, or for the purpose of, any provision of this Act, wilfully makes a
statement or permits the making of a statement which is false in any material particular,
knowing it to be false or not true, or wilfully omits to make a material statement; or
(b) fails to submit or furnish any return, statement, declaration or other document or
information required to be furnished by or under, or for the purpose of, any provision of
this Act in the form and by the date prescribed by the State Bank for the time being
without sufficient cause;
he shall be liable to a penalty not exceeding five thousand rupees and, where the
contravention or default is a continuing one, with a further penalty which may extend to
two thousand rupees for every day during which such contravention or default contines.
(6) If any authorised dealer sells foreign exchange to a person not entitled to buy such
foreign exchange or sells foreign exchange in an amount exceeding the limit, or otherwise
than for the purpose, permitted by the State Bank either generally or in a particular case
in pursuance of the powers conferred on it under this Act, he shall be liable to a penalty
not exceeding five times the amount or value of the foreign exchange so sold, and where
the penalty so imposed is not paid within three days from the date of the order of the
Adjudicating Officer, he shall, unless the penalty has meanwhile been recovered from him
under section 23J, be liable to a further penalty not being less than the amount or value
of the foreign exchange as aforesaid for every day during which such default continues.
(7) For the purpose of this section, amount or value shall mean.
(a) in the case of foreign exchange, the Pakistan rupee equivalent of the same calculated
at the rate of exchange authorised by the State Bank as on the date on which an
opportunity of making a representation is given under sub section (9) or where no such
rate has been authorised, the rate determined by the State Bank on the said date;
(b) in the case of goods, their value in rupees if declared in Pakistan currency or where
it is expressed in foreign exchange Pakistan rupee equivalent of the same calculated in
accordance with clause (a); and
(c) in case of any right to receive foreign exchange or to receive from any person
resident outside Pakistan a payment in rupees or gold or silver or security or other
property of any description, the sale proceeds which, taking all circumstances into
consideration, such right, gold, silver, security or other property can, in the opinion of
the Adjudicating Officer, fetch on the date referred to in clause (a).
(8) For imposing a penalty under sub-sections (4), (5) and (6), the jurisdiction and
powers of the Adjudicating Officers shall be as follows:
(a) the Director of Adjudication and an Additional Director of Adjudication may deal with
all cases without any limit on the amount or value involved in any contravention:
(b) a Senior Deputy Director of Adjudication and a Deputy Director of Adjudication may
deal with a case where the amount or value involved in any contravention on the date
referred to in clause (a) of sub-section (7) does not exceed twenty thousand rupees: and
(c) an Assistant Director of Adjudication may deal with a case where the amount or value
involved in any contravention on the date referred to in clause (a) of sub-section (7)
does not exceed ten thousand rupees:
Provided that the State Bank may, by notification in the official Gazette, reduce or
extend the jurisdiction and powers of any particular Adjudicating Officer or class of
Adjudicating Officers.
(9) For the purpose of determining whether a person has contravened any of the provisions
of sub-section (4), (5) or (6), the Adjudicating Officer shall hold an enquiry in the
manner prescribed, if any, after giving such person a reasonable opportunity for making a
representation in the matter and if, on such inquiry, he is satisfied that the person has
committed any contravention, he may impose the penalty provided for in this section.
(10) All doubts with regard to the jurisdiction of an Adjudicating Officer shall be
referred to the Director of Adjudication and his decision thereon shall be final.
(11) The Director of Adjudication, on his own motion or on the application of any party to
the adjudication proceedings and after notice to the State Bank and other parties, if any,
and after hearing such of them as desire to be heard, may at any stage withdraw any
adjudication proceedings pending before any Adjudicating Officer and adjudicate it either
himself or transfer it to any other Adjudicating Officer subordinate to him and competent
to dispose of the same or retransfer the same for adjudication to the Adjudicating Officer
from whom it was withdrawn; and the Director of Adjudicating or, as the case may be, any
other Adjudicating Officer or the Adjudicating Officer, or if the Adjudicating Officer who
is seized of the matter as aforesaid vacates office for any reason and another person is
authorised to act in his stead such person, shall not, by reason of the said withdrawal or
transfer or retransfer or vacation of office, as the case may be, be bound to recall and
re-hear any witness who has given evidence before the withdrawal or transfer or
re-transfer or vacation of office and may act on the evidence already recorded by or
produced before the Adjudicating Officer from whom the proceedings are so transferred or
re-transferred or in whose stead he has been so authorised to act as Adjudicating Officer.
(12) Subject to provisions of appeal under section 23C, no Court or other authority
shall call, or permit to be called, in question any proceeding or order of the
Adjudicating Officer or the legality or propriety of anything done or intended to be done
by the Adjudicating Officer under this Act.
