Section 12
Powers Of The Department For Investigation And Inquiry
(1) The Department may exercise the following powers in course of investigation and inquiry of the
offences under this Act:-
(a) To issue order to any concern government entity, bank, financial institution or non-financial institution to submit the concerned
document, evidence or other required detail remained with such entity, bank, financial institution and non-financial institution to the
Department within a particular time limit,
(b) To conduct search operation of any concerned government entity, bank, financial institution or non-financial institution or of any other
places, to seize, take control of concerned document, deed, material evidence and other evidence and hand its receipts to the concerned
official,
(c) To get present and inquire, call explanation or clarification from the concern official of the concerned government entity, bank, financial
institution or non-financial institution, other staff or a concerned person supposed to have obtained information of related facts as
deemed by the Department,
(d) To release a person with a written condition to present at requirement or on dated attendance, or release with guarantee or bail
in case there are reasonable grounds that he/she may disappear or to keep under custody at the failure of providing guarantee or bail with
the permission of the court after the inquiry, explanation or clarification as per Clause (c),
Provided that the concerned person shall not be placed under custody for more than the period punishable for offences under this Act when
decision is given against him/her.
(e) To order the concerned entity to freeze assets, located in Nepal, of a concerned person at the request of another nation where the offence
under this Act has occurred or any other international organization or in accordance with bilateral or multilateral treaty or agreement or
on the other grounds like that,
(f) To require to freeze assets related to the offence under this Act in the course of inquiry and investigation of the offence.
(2) In case any government entity, bank, financial institution or non- financial institution is communicated by the Department to submit any documents
or any other matters, freeze assets or provide information about any matter in the course of investigation and inquiry of the offences under this Act, the entity, bank,
financial institution, concerned official, staff or agent of the non-financial institution not submitting such document or other matters, not freezing assets or
not providing information and any official or staff of such entity, bank, financial institution or non-financial institution absenting even at the order of the
Department to be present, the Department may require him/her to submit documents or matter or to freeze assets or to provide required information by
arresting him/her and may fine him/her up to one thousand rupees.
offences under this Act:-
(a) To issue order to any concern government entity, bank, financial institution or non-financial institution to submit the concerned
document, evidence or other required detail remained with such entity, bank, financial institution and non-financial institution to the
Department within a particular time limit,
(b) To conduct search operation of any concerned government entity, bank, financial institution or non-financial institution or of any other
places, to seize, take control of concerned document, deed, material evidence and other evidence and hand its receipts to the concerned
official,
(c) To get present and inquire, call explanation or clarification from the concern official of the concerned government entity, bank, financial
institution or non-financial institution, other staff or a concerned person supposed to have obtained information of related facts as
deemed by the Department,
(d) To release a person with a written condition to present at requirement or on dated attendance, or release with guarantee or bail
in case there are reasonable grounds that he/she may disappear or to keep under custody at the failure of providing guarantee or bail with
the permission of the court after the inquiry, explanation or clarification as per Clause (c),
Provided that the concerned person shall not be placed under custody for more than the period punishable for offences under this Act when
decision is given against him/her.
(e) To order the concerned entity to freeze assets, located in Nepal, of a concerned person at the request of another nation where the offence
under this Act has occurred or any other international organization or in accordance with bilateral or multilateral treaty or agreement or
on the other grounds like that,
(f) To require to freeze assets related to the offence under this Act in the course of inquiry and investigation of the offence.
(2) In case any government entity, bank, financial institution or non- financial institution is communicated by the Department to submit any documents
or any other matters, freeze assets or provide information about any matter in the course of investigation and inquiry of the offences under this Act, the entity, bank,
financial institution, concerned official, staff or agent of the non-financial institution not submitting such document or other matters, not freezing assets or
not providing information and any official or staff of such entity, bank, financial institution or non-financial institution absenting even at the order of the
Department to be present, the Department may require him/her to submit documents or matter or to freeze assets or to provide required information by
arresting him/her and may fine him/her up to one thousand rupees.