Political Finance Database

Pakistan

Pakistan

Bans and limits on private income
Public funding
Regulations of spending
Reporting, oversight and sanctions
Question Value
1. Is there a ban on donations from foreign interests to political parties?
Code
Yes
Comment

Relevant sections of Election Act,2017 are quoted here.
Section 204 Membership fee, contributions and donations.—
(3) Any contribution or donation made, directly or indirectly, by any foreign source including any foreign government, multi-national or public or private company, firm, trade or professional association or individual shall beprohibited.
(4) Any contribution or donation which is prohibited under this Act shall be confiscated in favour of the Government in such manner as may be prescribed.

Explanation for the purpose of this section—

(a) ―contribution or donation includes a contribution or donation made in cash, kind, stocks, transport, fuel and provision of other such facilities; and

 (b) ―foreign source shall not include an Overseas Pakistani holding a National Identity Card for Overseas Pakistanis issued by the National Database and Registration Authority.

 

Source

Election Act 2017, section 204, Sub-section 3

2. Is there a ban on donations from foreign interests to candidates?
Code
Yes
Comment

The same ban applies on the candidates as on political parties.

Section 204 Membership fee, contributions and donations
 (3) Any contribution or donation made, directly or indirectly, by any foreign source including any foreign government, multi-national or public or private company, firm, trade or professional association or individual shall beprohibited.
 (4) Any contribution or donation which is prohibited under this Act shall be confiscated in favour of the Government in such manner as may be prescribed.

Explanation for the purpose of this section--

(a) ―contribution or donation includes a contribution or donation made in cash, kind, stocks, transport, fuel and provision of other such facilities; and

 (b) ―foreign source shall not include an Overseas Pakistani holding a National Identity Card for Overseas Pakistanis issued by the National Database and Registration Authority.

Source

Election Act 2017, section 204, Sub-section 4

3. Is there a ban on corporate donations to political parties?
Code
No
Comment

Relevant sections of Election Act,2017 are quoted here.
Membership fee, contributions and donations.—(1) A member of a political party shall be required to pay a membership fee, if provided in the political party‘s constitution and may, in addition, make contributions or
donations towards the political party‘s funds.
 (2) The fee, contribution or donation made by a member or a supporter of a political party shall be duly recorded by that political party.
 (3) Any contribution or donation made, directly or indirectly, by any foreign source including any foreign government, multi-national or public or private company, firm, trade or professional association or individual shall beprohibited.
 (4) Any contribution or donation which is prohibited under this Act shall be confiscated in favour of the Government in such manner as may be prescribed.

Source

Election Act 2017, section 204,

4. Is there a ban on corporate donations to candidates?
Code
No
Comment

Relevant sections of Election Act,2017 are quoted here.
Membership fee, contributions and donations.—(1) A member of a political party shall be required to pay a membership fee, if provided in the political party‘s constitution and may, in addition, make contributions or donations towards the political party‘s funds.
 (2) The fee, contribution or donation made by a member or a supporter of a political party shall be duly recorded by that political party.
 (3) Any contribution or donation made, directly or indirectly, by any foreign source including any foreign government, multi-national or public or private company, firm, trade or professional association or individual shall beprohibited.
 (4) Any contribution or donation which is prohibited under this Act shall be confiscated in favour of the Government in such manner as may be prescribed.

Source

Election Act 2017, section 204

5. Is there a ban on donations from Trade Unions to political parties?
Code
No
Comment

Relevant sections of Election Act,2017 are quoted here.
Membership fee, contributions and donations.—(1) A member of a political party shall be required to pay a membership fee, if provided in the political party‘s constitution and may, in addition, make contributions or donations towards the political party‘s funds.
 (2) The fee, contribution or donation made by a member or a supporter of a political party shall be duly recorded by that political party.
 (3) Any contribution or donation made, directly or indirectly, by any foreign source including any foreign government, multi-national or public or private company, firm, trade or professional association or individual shall beprohibited.
 (4) Any contribution or donation which is prohibited under this Act shall be confiscated in favour of the Government in such manner as may be prescribed.

 

Source

Election Act 2017, section 204

6. Is there a ban on donations from Trade Unions to candidates?
Code
No
Comment

Relevant sections of Election Act,2017 are quoted here.
Membership fee, contributions and donations.—(1) A member of a political party shall be required to pay a membership fee, if provided in the political party‘s constitution and may, in addition, make contributions or donations towards the political party‘s funds.
 (2) The fee, contribution or donation made by a member or a supporter of a political party shall be duly recorded by that political party.
 (3) Any contribution or donation made, directly or indirectly, by any foreign source including any foreign government, multi-national or public or private company, firm, trade or professional association or individual shall beprohibited.
 (4) Any contribution or donation which is prohibited under this Act shall be confiscated in favour of the Government in such manner as may be prescribed.

 

Source

Election Act 2017, section 204

7. Is there a ban on anonymous donations to political parties?
Code
Yes, above certain threshold
Comment

Relevant sections of Election Act,2017 are quoted here.
210.—(1) A political party shall, in such manner as may be prescribed, submit to the Commission within sixty days from the close of a financial year, a consolidated statement of its accounts audited by a Chartered Accountant on Form D containing— [...} (b) sources of its funds.
211. .—(1) A political party shall furnish to the Commission the list of contributors who have donated or contributed an amount equal to or more than one hundred thousand rupees to the political party for its election campaign expenses.

Source

Election Act, 2017

8. Is there a ban on anonymous donations to candidates?
Code
No
Comment

A candidate is required to report all expense but reporting of received funds is not mandatory. 

132.  (4) A candidate shall, through bills, receipts and other documents, vouch for every payment made in respect of election expenses, except where the amount is less than one thousand rupees.

134.  (2) The return of election expenses of the returned candidate and a contesting candidate shall be submitted to the Returning Officer on Form C.

Source

 Election Act,2017

9. Is there a ban on donations from corporations with government contracts to political parties?
Code
No
Comment

There is no direction in any rule and statue that donations from corporations/candidates with government contracts to political parties is allowed or prohibited.

10. Is there a ban on donations from corporations with government contracts to candidates?
Code
No
Comment

There is no direction in any rule and statue that donations  from corporations/candidates with government contracts  to political parties is allowed or prohibited.

11. Is there a ban on donations from corporations with partial government ownership to political parties?
Code
No
Comment

There is no direction in any rule and statue that donations  from corporations/candidates with government contracts  to political parties is allowed or prohibited.

12. Is there a ban on donations from corporations with partial government ownership to candidates?
Code
No
Comment

There is no direction in any rule and statue that donations  from corporations/candidates with government contracts  to political parties is allowed or prohibited.

13. Is there a ban on the use of state resources in favour or against a political party or candidate?
Code
Yes
Comment

State resources can not be used in favour or agaisnt a political party and candidate in any manner.

ECP, Notification No.F.2(1)/2013-Cord.dated  28 January 2013. General conduct section (25) - Issuing of advertisements at the cost of public exchequer in the newspapers and other media and misuse of official mass media during the election period for partisan coverage of political news and publicity by the Federal, Provincial and Local governments shall be prohibited.

Section 187 electoral code. —"A person in the service of Pakistan is guilty of violation of official duty in connection with an election, if he misuses his official position in a manner calculated to influence the results of the election”.

Source

Article 1, Section 20, paragraph (V), Elections Code of Conduct, 2013.

14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period?
Code
No
Comment

There is no direction in any rule and statue which limits the contributions on the amount a donor can contribute to a political party during a non-election specific period

 

15. If there is a limit on the amount a donor can contribute to a political party during a non-election specific period, what is the limit?
Code
Not applicable
16. Is there a limit on the amount a donor can contribute to a political party during an election?
Code
No
Comment

There is no direction in any rule and statue in this regard

17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit?
Code
Not applicable
18. Is there a limit on the amount a donor can contribute to a candidate?
Code
No
Comment

There is no direction in any rule and statue in this regard

19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
Code
Not applicable
20. Is there a limit on the amount a candidate can contribute to their own election campaign?
Code
Yes, donation limit for private persons apply
Comment

There is no specific limit for the candidates but Section 132 (2) and (3) indirectly highlights the limit on the amount a candidate can contribute to their own election campaign.

Section 132. Restriction on election expenses.—(1) The election expenses of a candidate shall include the expenses incurred by any person or a political party on behalf of the candidate or incurred by a political party specifically for the candidate.

(2) Where any person incurs any election expenses on behalf of a candidate, whether for stationery, postage, advertisement, transport or for any other item, such expenses shall be deemed to be the election expenses incurred by the candidate himself.

 (3) The election expenses of a contesting candidate shall not exceed— (a) one million and five hundred thousand rupees for election to a seat in the Senate; (b) four million rupees for election to a seat in the National Assembly; and (c) two million rupees for election to a seat in a Provincial Assembly​

Source

Election Act 2017, Chapter VIII. Section 132

21. Is there a limit on in-kind donations to political parties?
Code
No
Comment

There is no direction in any rule and statue in this regard

22. Is there a limit on in-kind donations to candidates?
Code
No
Comment

There is no direction in any rule and statue in this regard

23. Is there a ban on political parties engaging in commercial activities?
Code
No
Comment

There is no direction in any rule and statue in this regard

24. Is there a ban on political parties taking loans in relation to election campaigns?
Code
No
Comment

There is no direction in any rule and statue in this regard

25. Is there a ban on candidates taking loans in relation to election campaigns?
Code
No
Comment

There is no direction in any rule and statue in this regard

26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
Code
No
Comment

There is no direction in any rule and statue in this regard

27. Are there provisions requiring donations to go through the banking system?
Code
Yes
Comment

As per Section 133 of Elections Act, 2017 it is mandatory for a candidate that he should open a bank account and maintain all record of receipt and expenditure of funds/donations etc..

Source

Election Act 2017. Section 133

Question Value
28. Are there provisions for direct public funding to political parties?
Code
No public funding available
29. What are the eligibility criteria for political parties to receive public funding?
Code
Not applicable
30. What is the allocation calculation for political parties to receive public funding?
Code
Not applicable
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
Code
Not applicable
32. Are there provisions for free or subsidized access to media for political parties?
Code
Yes
Comment

Article 10.5, Election Commission of Pakistan approved Media Guidelines for Elections, 2013 provide road map in this regards in these words;
'Direct access slots should be made available by the private sector media on equal financial terms for all parties/candidates. State media should provide all parties/candidates a reasonable amount of time free of charge or for a nominal sum.'

Source

Article 10.5, Election Commission of Pakistan approved Media Guidelines for Elections, 2013

33. What criteria determine allocation for free or subsidized access to media for political parties?
Code
Other
Comment

'State media should provide all parties/candidates a reasonable amount of time free of charge or for a nominal sum'.

Source

Article 10.5, Election Commission of Pakistan approved Media Guidelines for Elections, 2013

34. Are there provisions for free or subsidized access to media for candidates?
Code
Yes
Comment

Article 10.5, Election Commission of Pakistan approved Media Guidelines for Elections, 2013 provide road map in this regards in these words;
'Direct access slots should be made available by the private sector media on equal financial terms for all parties/candidates. State media should provide all parties/candidates a reasonable amount of time free of charge or for a nominal sum.'

Source

Media Guidelines for Elections, 2013

35. Are there provisions for any other form of indirect public funding?
Code
No
Comment

There is no direction in any rule and statue in this regard

36. Is the provision of direct public funding to political parties tied to gender equality among candidates?
Code
Not applicable
37. Are there provisions for other financial advantages to encourage gender equality in political parties?
Code
No
Comment

There is no direction in any rule and statue in this regard

Question Value
38. Is there a ban on vote buying?
Code
Yes
Comment

As per Articles 167 and 168, Elections Law, 2017 any corrupt practice to buy vote is strictly prohibited.

'167. Corrupt practice.—A person is guilty of the offence of corrupt practice if he—
(a) is guilty of bribery, personation, exercising undue influence, capturing of polling station or polling booth, tampering with papers, and making or publishing a false statement or declaration; (b) calls upon or persuades any person to vote, or to refrain from voting, for any candidate on the ground that he belongs to a particular religion, province, community, race, caste, bradari, sect or tribe; (c) causes or attempts to cause any person present and waiting to vote at the polling station to depart without voting; or (d) contravenes the provisions of section 132.
168. Bribery.—A person is guilty of bribery, if he, directly or indirectly, by himself or by any other person on his behalf—
(1) receives or agrees to receive or contracts for any gratification for voting or refraining from voting, or for being or refraining from being a candidate at, or for withdrawing or retiring from an election;
(2) gives, offers or promises any gratification to any person— (a) for the purpose of inducing— (i) a person to be, or to refrain from being, a candidate at an
election; (ii) a voter to vote, or refrain from voting, at an election; or (iii) a candidate to withdraw or retire from an election; or
(b) for the purpose of rewarding— (i) a person for having been, or for having refrained from being, a candidate at an election; (ii) a voter for having voted or refrained from voting at an election; or (iii) a candidate for having withdrawn or retired from an election.'

Source

Election Act, 2017 , Election Comission of Pakistan

39. Are there limits on the amount a political party can spend?
Code
No
Comment

Chapter VIII of Election Act, 2017 explains the expense limits of candidate under section 132 and 133 without expense limits of a political party.

Source

Election Act, 2017 , Election Comission of Pakistan

40. If there are limits on the amount a political party can spend, what is the limit?
Code
Not applicable
41. Are there limits on the amount a candidate can spend?
Code
Yes
Source

Chapter VIII of Election Act, 2017, section 132 and 133

42. If there are limits on the amount a candidate can spend, what is the limit?
Code
As per section 132 (3) (a) (b) (c) Elections Act, 2017, expense limits are as follows;(a) One million and five hundred thousand rupees for election to a seat in the Senate; (b) four million rupees for election to a seat in the National Assembly and (c) two million rupees for election to a seat in a Provincial Assembly.
Comment

Election Act, 2017 , section 132 and 133.

43. Are there limits on the amount that third parties can spend on election campaign activities?
Code
Yes, spending limit for party/candidate includes spending by other on their behalf
Comment

Relevant sections of Election Act,2017 are quoted here.

Section 132. Restriction on election expenses.—

(1) The election expenses of a candidate shall include the expenses incurred by any person or a political party on behalf of the candidate or incurred by a political party specifically for the candidate.

(2) Where any person incurs any election expenses on behalf of a candidate, whether for stationery, postage, advertisement, transport or for any other item, such expenses shall be deemed to be the election expenses incurred by the candidate himself.

 (3) The election expenses of a contesting candidate shall not exceed— (a) one million and five hundred thousand rupees for election to a seat in the Senate; (b) four million rupees for election to a seat in the National Assembly; and (c) two million rupees for election to a seat in a Provincial Assembly​

Source

Election Act, 2017, section 132.

44. Are there limits on traditional media advertising spending in relation to election campaigns?
Code
No
45. Are there limits on online media advertising spending in relation to election campaigns?
Code
No
46. Do any other restrictions on online media advertisement (beyond limits) exist?
Code
No
Question Value
47. Do political parties have to report regularly on their finances?
Code
Yes
Comment

Chapter XI of Election Act, 2017 explains the working of political parties and under section 210. It set procedure for reporting of finances; (1) A political party shall, in such manner as may be prescribed, submit to the Commission within sixty days from the close of a financial year, a consolidated statement of its accounts audited by a Chartered Accountant on Form D containing— (a) annual income and expenses; (b) sources of its funds; and (c) assets and liabilities. (2) The statement under sub-section (1) shall be accompanied by the report of a Chartered Accountant with regard to the audit of accounts of the political party and a certificate signed by an office-bearer authorized by the Party Head stating that— (a) no funds from any source prohibited under this Act were received by the political party; and (b) the statement contains an accurate financial position of the political party.

Source

Election Act, 2017.

48. Do political parties have to report on their election campaign finances?
Code
Yes
Comment

Chapter XI of Election Act, 2017 explains the working of political parties and under section 211. It set procedure for reporting of campaign  finances; (1) A political party shall furnish to the Commission the list of contributors who have donated or contributed an amount equal to or more than one hundred thousand rupees to the political party for its election campaign expenses. (2) A political party shall furnish to the Commission details of the election expenses incurred by it during a general election.

Source

Election Act, 2017.

49. Do candidates have to report on their election campaign finances?
Code
Yes
Comment

Chapter VIII of Election Act, 2017 explains the reporting procedure of candidate campain procedure under section 132 and 134 ; 

Art. 132 [...] (4) A candidate shall, through bills, receipts and other documents, vouch for every payment made in respect of election expenses, except where the amount is less than one thousand rupees.

Art. 134. Return of election expenses.—(1) A contesting candidate, other than the returned candidate, shall submit the return of his election expenses on Form C within thirty days of the publication of the name of the returned candidate. (2) The return of election expenses of the returned candidate and a contesting candidate shall be submitted to the Returning Officer on Form C.

Source

Election Act, 2017.

50. Do third parties have to report on election campaign finances?
Code
Yes
Comment

All candidates must submitt all expense details made by third parties on behalf of candidatea under section 132 (2) (2) Where any person incurs any election expenses on behalf of a candidate, whether for stationery, postage, advertisement, transport or for any other item, such expenses shall be deemed to be the election expenses incurred by the candidate himself. and (4) A candidate shall, through bills, receipts and other documents, vouch for every payment made in respect of election expenses, except where the amount is less than one thousand rupees

Source

Election Act, 2017.

51. Is information in reports from political parties and/or candidates to be made public?
Code
Yes
Comment

Wealth of candidate is published for general public and expenses of election are provided to interested persons as per section 135 (1) Immediately on receipt, the returns and documents submitted under section 134, shall be sent by the Returning Officer to the Commission and shall, for a period of one year from the date of receipt by it, be open to inspection by any person on payment of the prescribed fee. (2) The Commission shall, on an application made in this behalf and on payment of the prescribed fee, give any person copies of any return or document or any part thereof kept under sub-section (1).' Moreover sectoin 138 also laid down procedure for advertisment of candiate wealth as The Commission shall publish in the official Gazette the statements of assets and liabilities received by it under section 137 and any person may obtain copies of a statement of assets and liabilities on payment of prescribed fee.'

Source

Election Act 2017.

52. Must reports from political parties and/or candidates reveal the identity of donors?
Code
Sometimes
Comment

Relevant sections of Election Act,2017 are quoted here.


210.—(1) A political party shall, in such manner as may be prescribed, submit to the Commission within sixty days from the close of a financial year, a consolidated statement of its accounts audited by a Chartered Accountant on Form D containing— [...} (b) sources of its funds.
211. .—(1) A political party shall furnish to the Commission the list of contributors who have donated or contributed an amount equal to or more than one hundred thousand rupees to the political party for its election campaign expenses.

Source

Election Act 2017.

53. Must reports from political parties and/or candidates include information on itemized income?
Code
No
Comment

Relevant sections of Election Act,2017 are quoted here.


210.—(1) A political party shall, in such manner as may be prescribed, submit to the Commission within sixty days from the close of a financial year, a consolidated statement of its accounts audited by a Chartered Accountant on Form D containing— [...} (b) sources of its funds.
211. .—(1) A political party shall furnish to the Commission the list of contributors who have donated or contributed an amount equal to or more than one hundred thousand rupees to the political party for its election campaign expenses.

Source

Election Act 2017.

54. Must reports from political parties and/or candidates include information on itemized spending?
Code
Yes
Comment

Relevant sections of Election Act,2017 are quoted here.

Section 132 explains that candidate shall report detailed report of his/her all election expenses except spending of less than one thousands rupee.


210.—(1) A political party shall, in such manner as may be prescribed, submit to the Commission within sixty days from the close of a financial year, a consolidated statement of its accounts audited by a Chartered Accountant on Form D containing— [...} (b) sources of its funds.


211. .—

(1) A political party shall furnish to the Commission the list of contributors who have donated or contributed an amount equal to or more than one hundred thousand rupees to the political party for its election campaign expenses.

(2) A political party shall furnish to the Commission details of the election expenses incurred by it during a general election.

 

 

Source

Election Act, 2017.

55. Which institution(s) receives financial reports from political parties and/or candidates?
Code
EMB
Comment

Political parties and candidates submit financial reports to Election Commission of Pakistan in compliance with section 210 and  234 of Elections Act, 2017 respectively .

Source

Election Act, 2017.

56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
Code
EMB
Comment

Section 136 (1) of Elections Act, 2017 empowers Election Commission of Pakistan to examine financial reports and investigate violations.

'136. Action relating to election expenses.—(1) The Commission shall, in accordance with such procedure as may be prescribed but within ninety days from the date of submission of a return of election expenses, scrutinize or cause to be scrutinized the return of election expenses submitted by each contesting candidate including the returned candidate.'

Source

Election Act 2017.

57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
Code
Refer for investigation
Comment

183. Penalty for illegal practice.—A person guilty of the offence of illegal practice shall be punishable with imprisonment for a term which may
extend to two years or with fine which may extend to one hundred thousand rupees or with both.

212. Dissolution of a political party.—(1) Where the Federal Government is satisfied on the basis of a reference from the Commission or information
received from any other source that a political party is a foreign-aided political party or has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan or is indulging in terrorism, the Government shall, by a notification in the official Gazette, make such declaration.

Source

Sections 175 (illegal practice), 183 and 212 Election Act, 2017.

58. What sanctions are provided for political finance infractions?
Code
  • Fines
  • Prison
  • Deregistration of party
Comment

There are different types of palatines/sanctions/prison terms/ dissolution for different types of violations of Election Act 2017; but sections 183, 212 and 213 explain procedure of penalization for political finance violations;  

Section 183. Penalty for illegal practice.—A person guilty of the offence of illegal practice shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to one hundred thousand rupees or with both.

Section '212. Dissolution of a political party.—(1) where the Federal Government is satisfied on the basis of a reference from the Commission or information received from any other source that a political party is a foreign-aided political party [...].

Section 213 Effects of dissolution of political party.-(1) where a political party is dissolved under section 212, any member of such political party, if he is a member of Majlis-e-Shoora (Parliament), a Provincial Assembly or a local government, shall be disqualified for the remaining term to be a member of the Majlis-e-Shoora (Parliament), a Provincial Assembly or a local government.
(2) The Commission shall by notification in the official Gazette; publish the names of the members of a political party becoming disqualified from being members of Majlis-e-Shoora (Parliament), a Provincial Assembly or a local government on the dissolution of the political party under section 212

'215 (5) If a political party or parties to whom show-cause notice has been issued under sub-section (4) fails to comply with the provision of section 209 or section 210, the Commission may after affording it or them an opportunity of being heard, declare it or them ineligible to obtain an election symbol for election
to Majlis-e-Shoora (Parliament)'.

Source

Electoral Act 2017.

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