Legal Definitions Glossary

as assigned to it in section-107 of the Pakistan Penal Code, 1860 (Act XLV of 1860)

When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted.

gaining control or ability to use, copy, modify or delete any data held in or generated by any device or information system;

gaining control or ability to use any part or whole of an information system whether or not through infringing any security measure;

systemic quality improvement process which ensures that services provided meet the notified practices

“accused” shall mean a person in respect of whom there are reasonable grounds to believe that he is or has been involved in the commission of any offence triable under this Ordinance or is subject of an investigation or inquiry by the National Accountability Bureau or any other agency authorised by the National Accountability Bureau in this regard under this Ordinance;

- (a) a series of acts or omissions contrary to the provisions of this Act; or (b) causing an act to be done by a person either directly or through an automated information system or automated mechanism or self-executing, adaptive or autonomous device and whether having temporary or permanent impact;

the Islamabad Capital Territory Food Safety Act, 2021.

the Islamabad Capital Territory Senior Citizens Act, 2021

“Act” means the Islamabad Capital Territory Domestic Workers Act, 2022;

any act or omission by all the partners, or by any partner or agent of the firm which gives rise to a right enforceable by or against the firm ;

a claim to any debt, other than a debt secured by mortgage of immoveable property or by hypothecation or pledge of moveable property, or to any beneficial interest in moveable property not in the possession, either actual or constructive, of the claimant, which the Civil Courts recognize as affording grounds for relief, whether such debt or beneficial interest be existent, accruing, conditional or contingent: "a person is said to have notice" of a fact when he actually knows that fact, or when, but for wilful abstention from an inquiry or search which he ought to have made, or gross negligence, he would have known it. Explanation I. Where any transaction relating to immoveable property is required by law to be and has been effected by a registered instrument, any person acquiring such property or any part of, or share or interest in, such property shall be deemed to have notice of such instrument as from the date of registration or, where the property is not all situated in one sub-district, or where the registered instrument has been registered under sub-section (2) of section 30 of the Registration Act, 1908 (XVI of 1908), from the earliest date on which any memorandum of such registered instrument has been filed by any Sub-Registrar within whose sub-district any part of the property which is being acquired, or of the property wherein a share or interest is being acquired, is situated : Provided that (1) the instrument has been registered and its registration completed in the manner prescribed by the Registration Act, 1908(XVI of 1908), and the rules made thereunder, (2) the instrument or memorandum has been duly entered or filed, as the case may be, in books kept under section 51 of that Act, and (3) the particulars regarding the transaction to which the instrument relates have been correctly entered in the indexes kept under section 55 of that Act. Explanation II. Any person acquiring any immoveable property or any share or interest in any such property shall be deemed to have notice of the title, if any, of any person who is for the time being in actual possession thereof. Explanation III. A person shall be deemed to have had notice of any fact if his agent acquires notice thereof whilst acting on his behalf in the course of business to which that fact is material: Provided that, if the agent fraudulently conceals the fact, the principal shall not be charged with notice thereof as against any person who was a party to or otherwise cognizant of the fraud.

a person physically or mentally dependent on any narcotic drug or psychotropic substance or a person who habitually uses narcotic drugs or psychotropic substances

the place of residence, and the profession, trade, rank and title, (if any) of a person described, and his father's name, or where he is usually described as the son of his mother, then his mother's name

means the Adjudicating Authority appointed under section 6

the Islamabad Capital Territory Administration;

a person appointed by competent authority to administrator the estate of a deceased person when there is no executor

means Assistant Commissioner Inland Revenue appointed under section 20E of the Income Tax Ordinance, 2001(XLIX of 2001)

“Administrator” means a person nominated by the Commissioner of the Islamabad Capital Territory;

means the ADR Centre notified by the Federal Government for the purposes of this Act

the food - (i) which is not of the nature, substance or quality which it purports or is represented to be; or (ii) which contains any such extraneous substance as may adversely affect the nature, substance or quality of the food; or (iii) which is processed, mixed, coloured, powdered or coated with any other substance in contravention of the rules or the regulations; or (iv) any constituent of which has been wholly or in part abstracted so as to affect injuriously its nature, substance or quality; or (v) which contains any poisonous or other ingredient that may render it injurious to human health; or (vi) the quality or purity of which does not conform to the prescribed standards; or (vii) which has been prepared, packed or kept under unhygienic and insanitary conditions; or (viii) which is contaminated or has become injurious to health

an article of food, - (a) which is not of the nature, substance or quality which it purports or represented to be; or (b) which contains any such extraneous substance which may affect adversely the nature, substance or quality thereof; or (c) which is processed, mixed, coloured, powdered or coated with any other substance in contravention of any provision of the Act rules or regulations; or (d) any constituent which has been wholly or in part abstracted so as to affect injuriously its nature, substance or quality; or (e) which contains any poisonous or other ingredient which may render it injurious to health; or (f) the quality or purity of which does not conform to the prescribed standards; or (g) which having been prepared, packed or kept under unhygienic and insanitary conditions, or has become contaminated or injurious to health

any publicity, representation or pronouncement made by any means for purposes of promoting the sale or disposal of any food

any publicity, representation or pronouncement made by any means for the purposes of promoting, directly or indirectly, the sale or other disposal of any food

any document by the developer or his authorized agent described or issued as advertisement through any medium and includes any notice, circular or other documents or publicity in any form, informing persons about a real estate property or real estate project, or offering for sale of a plot, building or apartment or inviting persons to purchase in any manner such plot, building or apartment or to make advances or deposits for such purposes; (d) "allottee" in relation to a real estate project or a real estate holding , means the person to whom a plot, apartment or building, as the case may be, has been sold (whether as freehold or leasehold which is not less than thirty three years) by way of a sale, transfer or otherwise or transferred by the developer having sale of real estate rights given to him by the owner of the real estate, and includes the person who subsequently acquires the said allotment but does not include a person to whom such plot, apartment or building, as the case may be, is given on rent

the same meaning as assigned to it in section 2 of the Legal Practitioners and Bar Councils Act, 1973 (XXXV of 1973)

also a Government Advocate or, where there is no Advocate-General or Government Advocate, such officer as the Provincial Government may, from time to time, appoint in this behalf.

any department or organization of the Federal or Provincial Government and includes a corporation, or other autonomous or semi-autonomous body set up by the Federal or Provincial Government

The Federal Investigation Agency constituted under the Federal Investigation Act, 1974 (VIII of 1975)

any person who alleges that an offence under this Act has been committed against him. (2) All the words and phrases used but not defined in this Act shall have the same meaning as defined in the Pakistan Penal Code, 1860 (Act XLV of 1860).

any woman, man, transgender person, child, vulnerable person, or any other individual, including a person with a disability or a person of old age, who is or has been in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent

Every promise and every set of promises, forming the consideration for each other, is an agreement

an agreement entered into between the developer and the allottee to sell and to purchase the property respectively; (f) "apartment" whether called block, chamber, dwelling unit, flat, office, showroom, shop, godown, premises, suit, tenement, unit or by any other name, means a separate and self-contained part of any immovable property, including one or more rooms or enclosed spaces, located on one or more floors or any part thereof, in a building or on a plot of land, used or intended to be used for any residential or commercial use such as residence, office, shop, showroom or godown or for carrying on any business, occupation, profession or trade, or for any other type of use ancillary to the purpose specified

a person who assists in providing services for diagnostic, therapeutic, preventive, curative and rehabilitative field in health care delivery system and has qualified a prescribed course of training in an recognized institution having recognition from their respective council

a system of medical practice that aims to combat disease by use of remedies, as drugs or surgery, producing effects different from or incompatible with those produced by the disease being treated

making of additions or omissions without substituting or destroying main scheme of the document

family care, placement in an institution established or regulated by the government or any other arrangement in the best interest of a child, as directed by the Court

means a process in which parties resort to resolving a dispute other than by adjudication by Courts and includes, but is not limited to, arbitration, mediation, conciliation and neutral evaluation

unani, tibb, ayurveda, homoeopathic, acupuncture or any other recognized system of treatment of diseases in Pakistan

the appellate authority appointed or designated under this Act to hear and decide appeals preferred against decision of the registration authority

“Appellate Authority” means an authority appointed under section 26;

the Real Estate Appellate Tribunal established under this Act

any person from or through whom an applicant derives his right to apply

the inquiry officer appointed by the Authority or the Appellate Tribunal under this Act

In this Act “the Appropriate Government” means, in relation to fees or stamps relating to documents presented or to be presented before any officer serving under the [Federal] Government, that Government, and in relation to any other fees or stamps, the Provincial Government

“appropriate Government” means in relation to any person serving in connection with the affairs of the Federation, including any person employed by a corporation, body, financial institution, bank, authority undertaking or any other organization set up, controlled or administered by or under the authority, of the Federal Government, the Federal Government and in other cases the Provincial Government or the local government concerned;

means Commissioner Inland Revenue as defined in clause (ii) of section 2 of the Income Tax Ordinance, 2001(XLIX of 2001)

means a process by which parties submit a dispute to the decision of a Neutral person or persons appointed by mutual consent or under a statutory or contractual provision

a written agreement to submit present or future differences to arbitration, whether an arbitrator is named therein or not

a body consisting of the Chairman and representative of each of the parties to a matter deal with in this Ordinance; Provided that where any party fails to nominate a representative within the prescribed time, the body formed without such representative shall be the Arbitration Council

a person registered as an architect under the provisions of the Pakistan Council of Architects and Town planners Act, 1983 (Ordinance No. IX of 1983)

the Military, Naval and Air Forces of Pakistan and the Reserves of such Forces

the articles of association of a company framed in accordance with the company law or this Act

spreading false and harmful information which damages the reputation of a person

any public, religious or political gathering, rally, sit in or concourse of more than fifteen persons in or on any public road or any other public place or premises wholly or partly open to the air

an expert or group of experts commissioned by the Authority or any other recognized institution or organization for assessment of quality of a healthcare establishment

any property owned, controlled or belonging to an accused, whether directly or indirectly, or in the name of his spouse or relatives or associates whether within or without Pakistan for which they cannot reasonably account; (c) "associate", in relation to an accused, means (i) any individual who is, or has, at the relevant time been ordinarily residing in the residential premises including out-houses and servant-quarters of an accused; (ii) any individual who, is or has, at the relevant time been managing the affairs or keeping the accounts of an accused; (iii) any association of persons, body of individuals, firm or private limited company within the meaning of Companies Act, 2017 and the Limited Liability Partnership Act, 2017, of which an accused is, or has, at the relevant time been a member, partner or director; (iv) any individual who is, or has, been at the relevant time a member, partner or director of any association of persons, body of individuals, firm or a private limited company referred to in sub-clause (iii); (v) a trustee of any trust created by an accused; or (vi) where the Special Court, for reasons to be recorded, considers that any property of an accused is held on his behalf by any other person, such other person

“assest” includes all kinds of property owned by or belonging to an accused or held as benami whether within or outside Pakistan;

any two or more companies or undertakings, or a company and an undertaking, interconnected with each other in the following manner, namely: - (a) if a person who is owner or a partner or director of a company or undertaking, or who, directly or indirectly, holds or controls shares carrying not less than twenty percent of the voting power in such company or undertaking, is also the owner or partner or director of another company or undertaking, or directly or indirectly, holds or controls shares carrying not less than twenty percent of the voting power in that company or undertaking; or (b) if the companies or undertakings are under common management or control or one is the subsidiary of another; or (c) if the undertaking is a modaraba managed by the company; and a person who is the owner of or a partner or director in a company or undertaking or, who so holds or controls shares carrying not less than ten percent of the voting power in a company or undertaking, shall be deemed to be an "associated person" of every such other person and of the person who is the owner of or a partner or director in such other company or undertaking, or who so holds or controls such shares in such company or undertaking: Provided that - (i) shares shall be deemed to be owned, held or controlled by a person if they are owned, held or controlled by that person or by the spouse or minor children of the person; (ii) directorship of a person or persons by virtue of nomination by concerned Minister-in-Charge of the Federal Government or as the case may be, a Provincial Government or a financial institution directly or indirectly owned or controlled by such Government or National Investment Trust; or (iii) directorship of a person appointed as an "independent director"; or (iv) shares owned by the National Investment Trust or a financial institution directly or indirectly owned or controlled by the Federal Government or a Provincial Government; or shares registered in the name of a central depository, where such shares are not beneficially owned by the central depository; shall not be taken into account for determining the status of a company, undertaking or person as an associated company, associated undertaking or associated person

“associates” means- (i) any person who is or has been managing the affairs of or keeping accounts for the accused or who enjoys or has enjoyed any benefit from the assets; (ii) any association of persons, body of individuals, partnership firm or private limited company within the meaning of the Companies Act, 2017 (XIX of 2017), of which the accused is or has been a member, partner or director or which has been promoted, floated, established or run by the accused, whether singly or jointly, with other persons; (iii) a trustee of any trust declared by the accused, or of which the accused is also a trustee or a beneficiary; and (iv) a Benamidar.

(a) rooted in the earth, as in the case of trees and shrubs; (b) imbedded in the earth, as in the case of walls or buildings; or (c) attached to what is so imbedded for the permanent beneficial enjoyment of that to which it is attached

means the prohibition of transfer, conversion, disposition or movement of property, by an order issued under this Act

the natural person who reposes or declares the confidence and assigns the property to the trustee for the benefit of beneficiary

means the natural person who reposes or declares the confidence and assigns the property to the trustee for the benefit of beneficiary

the Capital Development Authority established under section 4

the Capital Development Authority established under the Capital Development Authority Ordinance, 1960(XXIII of 1960)

the Capital Development Authority

the Social Media Protection and Regulatory Authority established under section 2A

Islamabad Healthcare Regulatory Authority established under section 3

the Islamabad Real Estate Regulatory Authority established under this Act

means an authority referred to in section 15

authorization by law or by the person empowered to make such authorization under the law: Provided that where an information system or data is available for open access by the general public, access to or transmission of such information system or data shall be deemed to be authorized for the purposes of this Act

any officer not below the rank of grade 17 of Islamabad District Administration or ICT Police

an officer of the investigation agency authorized to perform any function on behalf of the investigation agency by or under this Act

an arbitration award

means an arbitration award