CHAPTER 91 - ANTI-CORRUPTION COMMISSION: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Arrangement of Paragraphs
2. Commencement of Act No. 42 of 1996
SI 33 of 1997.
This Order may be cited as the Anti-Corruption Commission Act (Commencement) Order, 1997.
The Anti-Corruption Commission Act, 1996, shall come into operation on the publication of this Order.
Arrangement of Regulations
3. Recovered property to vest in State
4. Proceeds to be paid into general revenues of the Republi
SI 58 of 2004.
These Regulations may be cited as the Anti-Corruption Commission (Disposal of Recovered Property) Regulations, 2004.
In these Regulations, unless the context otherwise requires–
“recovered property” means any monies, property or thing of any description which was the subject of, and was recovered during the course of, an investigation into any offence alleged or suspected to have been committed under the Act.
(1) Any recovered property which comes into the possession of the Ant-corruption Commission shall, subject to the other provisions of these Regulations, vest in the State if such recovered property cannot be returned because–
(a) the rightful owner who is the subject of an investigation in respect of an offence alleged or suspected to have been committed under the Act, has left Zambia for the purpose, or apparent purpose, of evading the consequences of such investigation or of the trial of a prosecution brought against that person;
(b) the rightful owner or the person in possession thereof absconds;
(c) the rights owner cannot be traced or ascertained; or
(d) the person in possession thereof admits involvement in the alleged corrupt act and agrees to the surrender of such recovered property to the commission because of such involvement.
(2) No recovered property shall vest in the State under paragraphs (a) or (c) of sub-regulation (1) unless–
(a) the Director-General gives, in accordance with these Regulations, notice to the effect that such recovered property is liable to vest in the State if it is not claimed within three months; and
(b) three months after giving of such notice, such recovered property remains unclaimed.
(3) The notice referred to in sub-regulation (2) shall be deemed to have been duly given if it is published in the Gazette and a copy is–
(a) served on the person concerned, or left at, or posted to, the usual or last known place of abode or business of the person concerned;
(b) left at, or posted to, the usual or last known place of abode or business of the person concerned;
(c) published in a national newspaper if the person concerned is unknown or if the address or whereabouts of that person are unknown; or
(d) in case of a limited company–
(i) personally served on a Director or secretary of the company; or
(ii) left at the registered office of the company.
(4) If the Director-General is of the opinion that any recovered property is subject to speedy or natural decay, or that its immediate sale would be for the benefit of the owner, the Director-General, may at any time direct that such property be sold or destroyed:
Provided that no sale or disposal of any such property shall be ordered without an order of the court being first obtained from the court before which such property may be required as evidence.
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