Provided that no order under this section shall be made without issuing a notice to show cause
and providing a reasonable opportunity of being heard to the person being affected by such order:
Provided further that if such person fails to tender any explanation or defaults in making
appearance before the Special Court on any date appointed by it, the Special Court may proceed to
record an order exparte on the basis of the evidence available before it.
(3) Where any shares in a company are forfeited to the Federal Government under sub‑section
(2), notwithstanding anything contained in the Companies Ordinance, 1984 (XLVII of 1984), or any
other law for the time being in force or Articles of Association of the Company, such shares shall be
registered in the name of the Federal Government.
40. Forfeiture of assets of person convicted abroad.__ (1) Notwithstanding anything contained
in any other law for the time being in force, where a citizen of Pakistan is convicted by a foreign
Court for an offence which is also an offence punishable under this Act, the Special Court may, on an
application made by the Director‑General or any other officer authorised by the Federal Government,
order that the assets acquired in Pakistan by such citizen shall be forfeited to the Federal
Government.
(2) The Special Court shall presume, upon the production of any document purporting to be a
certified copy of a foreign judgment that such judgment was pronounced by a court of competent
jurisdiction, unless the contrary appears on the record, but such presumption may be displaced by
proving want of jurisdiction:
Provided that the judgment or order of conviction__
(a) is passed by the foreign court of competent jurisdiction;
(b) has been pronounced on the merits of the case;
(c) has not been obtained by fraud;
(d) has not been made in contravention of any law in force in Pakistan;
(e) has assumed finality through appeal, revision or review and is not subjudice before any
appellate forum:
Provided further no order under this section shall be made without providing an opportunity of
being heard to such citizen:
Provided also that, notwithstanding anything contained in clauses (a) to (e) of the first proviso,
during the pendency of the application the Court may, by an order, freeze all or any of the assets or
restrain such citizen, his associates and relatives from alienating such assets by lease, sale, gift,
transfer or in any other manner.
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