Political Finance Database

Section 204 (Elections Act, 2017). 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 be prohibited.

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.

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 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.

Explanation.—In this section, foreign-aided political party‘ means a political party which—

(a) has been formed or organized at the instance of any foreign government or political party of a foreign country; or

(b) is affiliated to or associated with any foreign government or political party of a foreign country; or

(c) receives any aid, financial or otherwise, from any foreign government or political party of a foreign country, or any portion of its funds from foreign nationals.

Source: Section 212, (1) and (3), Elections Act, 2017.

Section 204 (Elections Act, 2017). 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 be prohibited.

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: Elections Act, 2017.

Source: Elections Act, 2017.

Source: Article 204 (3), Elections Act, 2017.

210. Information about the sources of funds.—(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. Campaign finance.—(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: Article 210 (1) (b) and 211 (1), Elections Act, 2017.

132. Restriction on election expenses [...] (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. Return of election expenses - (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: Sections 132 (4) and 134 (2), Elections Act, 2017.

No mention of such ban in the following legislation scrutinized: Elections Act, 2017; Elections Rules, 2017; PRA Ordninance 2002; Public Procurement Rules, 2004; Public Procurement Regulations. 

No mention of such ban in the following legislation scrutinized: Elections Act, 2017; Elections Rules, 2017; PRA Ordninance 2002; Public Procurement Rules, 2004; Public Procurement Regulations. 

No mention of such ban in the following legislation scrutinized: Elections Act, 2017; Elections Rules, 2017; PRA Ordninance 2002; Public Procurement Rules, 2004; Public Procurement Regulations. 

No mention of such ban in the following legislation scrutinized: Elections Act, 2017; Elections Rules, 2017; PRA Ordninance 2002; Public Procurement Rules, 2004; Public Procurement Regulations. 

1. General Conduct, Section 20, paragraph (V) '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.' (Elections Code of Conduct, 2013: 4).

'10.1 Publicly owned or funded media should grant all political parties/candidates airtime and news space for direct access programmes!on a fair and non discriminatory basis. Other broadcasters may also be required to provide such airtime.' (Media Code of Conduct for Elections, 2013).

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

Source: Article 10.1, Media Code of Conduct for Elections, 2013.

Elections Law, 2017 and Election Rules 2017 do not mention anything in this respect. 

Source: Elections Act, 2017.

Source: Elections Act, 2017.

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: Elections Act, 2017.

Source: Elections Act, 2017.

Source: Elections Act, 2017.

Source: Elections Act, 2017.

No mention of a norm preventing donors to participate in public tenders. Legilsation scrutinized included: Elections Act, 2017; Elections Rules, 2017; PRA Ordninance 2002; Public Procurement Rules, 2004; Public Procurement Regulations. 

Source: Elections Act, 2017.

'We hope this paper provides food for thought for political parties which may consider public funding in the context of Pakistan and develop proposals for action when they are in a decision-making position' [PILDAT (2005) 'Selected Case Studies of Public Funding of Political Parties', p. 6)

'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.

'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.

No provision related to indirect funding was found in the electoral legislation of Pakistan, including Elections Law, 2017; Elections Rule, 2017: Media Code of Conduct, 2013; and Code of Conduct for General Elections, 2013.

Source: Elections Act, 2017.

'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: Articles 167 and 168, Elections Law, 2017.

Source: Elections Law, 2017

Section 132 of the Elections Act, 2017 regulates 'Restriction on election expenses'.

Source: Elections Act, 2017.

Section 132 (3) (a) (b) (c) Elections Law, 2017.

Section 132 (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.

Source: Section 132 (2), Elections Act, 2017.

Source: Elections Law, 2017; Media Code of Conduct, 2013; Elections Code of Conduct, 2013. 

Source: Elections Law, 2017; Media Code of Conduct, 2013; Elections Code of Conduct, 2013. 

Source: Elections Law, 2017; Media Code of Conduct, 2013; Elections Code of Conduct, 2013. 

210. Information about the sources of funds.—(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: Article 210, Elections Act, 2017.

211. Campaign finance.—(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: Article 211, Elections Act, 2017.

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: Articles 132 and 134, Elections Act, 2017.

'(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. (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: Article 132 (2) (4), Elections Act, 2017.

'135. Inspection of returns.—(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).'

'138. Publication of statement of assets and liabilities.—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: Article 135 and 138, Elections Act, 2017.

'210. Information about the sources of funds.—(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.'

'211. Campaign finance.—(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: Articles 210 and 211, Elections Act, 2017.

210. Information about the sources of funds.—(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.

Source: Article 210 (1), Elections Act, 2017.

'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. 210. Information about the sources of funds.—(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.'

Source: Article 132(4) and 210 (1), Elections Act, 2017.

For candidates:

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. 

For political parties:

Art. 210. Information about the sources of funds.—(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: Art. 134 and Art. 210, Elections Act, 2017.

'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: Article 136 (1), Elections Act, 2017.

'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 [...].' 

'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: Articles 212 (1) and 215 (5), Elections Act, 2017.

'175. Illegal practice.—A person is guilty of the offence of illegal practice if he— [...] (i) fails to comply with section 134 relating to election expenses;'

'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 [...].' 

'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: Articles 175 (i), 183, 212 (1) and 215 (5), Elections Act, 2017.