Pakistan

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Question Value
1. Is there a ban on donations from foreign interests to political parties?
  • CodeYes
  • Comment
  • Source

    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.

     

2. Is there a ban on donations from foreign interests to candidates?
  • CodeYes
  • Comment

    The same ban applies on the candidates as on political parties. Section 204 explains it.

     

  • Source

    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.

3. Is there a ban on corporate donations to political parties?
  • CodeNo
  • Comment

    BLANK

  • Source

    Source: Elections Act, 2017.

4. Is there a ban on corporate donations to candidates?
  • CodeNo
  • Comment

    BLANK

  • Source

    Source: Elections Act, 2017.

5. Is there a ban on donations from Trade Unions to political parties?
  • CodeNo
  • Comment

    BLANK

  • Source

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

6. Is there a ban on donations from Trade Unions to candidates?
  • CodeNo
  • Comment

    BLANK

  • Source
7. Is there a ban on anonymous donations to political parties?
  • CodeYes
  • Comment

    Indirect ban through the provision of reporting the source of funds

  • Source

    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.

8. Is there a ban on anonymous donations to candidates?
  • CodeNo
  • Comment

    Candidates need to justify election expenses but no mention of funds received

  • Source

    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.

9. Is there a ban on donations from corporations with government contracts to political parties?
  • CodeNo
  • Comment

    BLANK

  • Source

    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. 

10. Is there a ban on donations from corporations with government contracts to candidates?
  • CodeNo
  • Comment

    BLANK

  • Source

    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. 

11. Is there a ban on donations from corporations with partial government ownership to political parties?
  • CodeNo
  • Comment

    BLANK

  • Source

    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. 

12. Is there a ban on donations from corporations with partial government ownership to candidates?
  • CodeNo
  • Comment

    BLANK

  • Source

    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. 

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

    BLANK

  • Source

    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.

     

14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period?
  • CodeNo
  • Comment

    BLANK

  • Source

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

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?
  • CodeNot applicable
  • Comment
  • Source
16. Is there a limit on the amount a donor can contribute to a political party during an election?
  • CodeNo
  • Comment

    BLANK

  • Source

    Source: Elections Act, 2017.

17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit?
  • CodeNot applicable
  • Comment
  • Source
18. Is there a limit on the amount a donor can contribute to a candidate?
  • CodeNo
  • Comment

    BLANK

  • Source

    Source: Elections Act, 2017.

19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
  • CodeNot applicable
  • Comment
  • Source
20. Is there a limit on the amount a candidate can contribute to their own election campaign?
  • CodeYes, donation limit for private persons apply
  • Comment

    No candidate-specific limit, but the section 132 (2) (3) indirectly highlights the limit on the amount a candidate can contribute to their own election campaign by explaining that “Where any person incurs any election expenses on behalf of a candidate, ……… expenses shall be deemed to be the election expenses incurred by the candidate himself.” Thereafter the subsection 3 specifies the amount that can be spent for various elections.

  • Source

    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​

21. Is there a limit on in-kind donations to political parties?
  • CodeNo
  • Comment
  • Source
22. Is there a limit on in-kind donations to candidates?
  • CodeNo
  • Comment

    BLANK

  • Source

    Source: Elections Act, 2017.

23. Is there a ban on political parties engaging in commercial activities?
  • CodeNo
  • Comment

    BLANK

  • Source

    Source: Elections Act, 2017.

24. Is there a ban on political parties taking loans in relation to election campaigns?
  • CodeNo
  • Comment

    BLANK

  • Source

    Source: Elections Act, 2017.

25. Is there a ban on candidates taking loans in relation to election campaigns?
  • CodeNo
  • Comment

    BLANK

  • Source

    Source: Elections Act, 2017.

26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
  • CodeNo
  • Comment

    BLANK

  • Source

    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. 

27. Are there provisions requiring donations to go through the banking system?
  • CodeNo
  • Comment

    BLANK

  • Source

    Source: Elections Act, 2017.

Question Value
28. Are there provisions for direct public funding to political parties?
  • CodeNo public funding available
  • Comment

    BLANK

  • Source

    '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)

     

     

29. What are the eligibility criteria for political parties to receive public funding?
  • CodeNot applicable
  • Comment
  • Source
30. What is the allocation calculation for political parties to receive public funding?
  • CodeNot applicable
  • Comment
  • Source
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
  • CodeNot applicable
  • Comment
  • Source
32. Are there provisions for free or subsidized access to media for political parties?
  • CodeYes
  • Comment

    State media should provide to political parties/candidates airtime free of charge or for a nominal sum. 

  • Source

    '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?
  • CodeNot applicable
  • Comment
  • Source
34. Are there provisions for free or subsidized access to media for candidates?
  • CodeYes
  • Comment

    State media should provide to political parties/candidates airtime free of charge or for a nominal sum.

  • Source

    '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.

35. Are there provisions for any other form of indirect public funding?
  • CodeNo
  • Comment

    BLANK

  • Source

    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.

36. Is the provision of direct public funding to political parties tied to gender equality among candidates?
  • CodeNot applicable
  • Comment
  • Source
37. Are there provisions for other financial advantages to encourage gender equality in political parties?
  • CodeNo
  • Comment

    BLANK

  • Source

    Source: Elections Act, 2017.

Question Value
38. Is there a ban on vote buying?
  • CodeYes
  • Comment

    BLANK

  • Source

    '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.

39. Are there limits on the amount a political party can spend?
  • CodeNo
  • Comment

    The Elections Law, 2017 includes limits for candidates spending but not for political parties

  • Source

    Source: Elections Law, 2017

40. If there are limits on the amount a political party can spend, what is the limit?
  • CodeNot applicable
  • Comment
  • Source
41. Are there limits on the amount a candidate can spend?
  • CodeYes
  • Comment

    BLANK

  • Source

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

    Source: Elections Act, 2017.

42. If there are limits on the amount a candidate can spend, what is the limit?
  • Code(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
  • Source

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

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

    BLANK

  • Source

    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.

44. Are there limits on traditional media advertising spending in relation to election campaigns?
  • CodeNo
  • Comment

    BLANK

  • Source

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

45. Are there limits on online media advertising spending in relation to election campaigns?
  • CodeNo
  • Comment

    BLANK

  • Source

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

46. Do any other restrictions on online media advertisement (beyond limits) exist?
  • CodeNo
  • Comment

    BLANK

  • Source

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

Question Value
47. Do political parties have to report regularly on their finances?
  • CodeYes
  • Comment

    BLANK

  • Source

    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.

48. Do political parties have to report on their election campaign finances?
  • CodeYes
  • Comment

    Political parties must provide list of contributors who gave equal to or more than one hundred thousand rupees for election campaign expenses. 

  • Source

    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.

49. Do candidates have to report on their election campaign finances?
  • CodeYes
  • Comment

    Candidates should vouch for any expense above one thousand rupees

  • Source

    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.

     

50. Do third parties have to report on election campaign finances?
  • CodeYes
  • Comment

    Indirectly as candidates should report all elections expenses, including those incurred by people on their behalf

  • Source

    '(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.

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

    Assets and liabilties of candidates are published in the official Gazette. Election expenses of candidates made available upon request. 

  • Source

    '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.

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

    The requirement exists for political parties and not for candidates

  • Source

    '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.

53. Must reports from political parties and/or candidates include information on itemized income?
  • CodeNo
  • Comment

    Political parties should report annual income but no mention in law about itemization.  No mention about itemized income with regards to candidates.

  • Source

    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.

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

    Candidates should report itemized spending for election expenses only. Parties should report annually their expenses but not itemized. 

  • Source

    '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.

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

    BLANK

  • Source

    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.

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

    BLANK

  • Source

    '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.

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

    The Election Commission can file a reference with the Federal Government. 

  • Source

    '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.

58. What sanctions are provided for political finance infractions?
  • CodePrison | Deregistration of party
  • Comment

    BLANK

  • Source

    '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.

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