Legal Definitions Glossary

a factory as defined in the Factories Act, 1934 (XXV of 1934)

in relation to a property, means (a) the price that the property would ordinarily fetch on sale in the open market on the date of the transaction; and (b) where the price referred to in sub-clause (a) is not ascertainable, such price may be determined in accordance with such manner as may be prescribed

the rent of any building determined by the Controller under this Ordinance.

spouse, dependent children and dependent parents

husband, wife, minor son and unmarried daughter, father or mother wholly dependent on a person

“family” in relations to that of a domestic worker means the spouse, children below the age of eighteen years and includes disabled children above the age of eighteen years with disability of fifty percent or more;

a Court constituted under this Act

wrongful act or default

the amount prescribed by the rules

(i) an accommodation or facility provided on the basis of participation in profit and loss, mark-up or mark-down in price, hire-purchase, equity support, lease, rent-sharing, licensing charge or fee of any kind, purchase and sale of any property including commodities, patents, designs, trade marks and copy-rights, bills of exchange, promissory notes or other instruments with or without buy-back arrangement by a seller, participation term certificate, musharika, morabaha, musawama, istisnah or modaraba certificate, term finance certificate (ii) facility of credit or charge cards (iii) facility of guarantees, indemnities, letters of credit or any other financial engagement which a financial institution may give, issue or undertake on behalf of a customer, with a corresponding obligation by the customer to the financial institution (iv) a loan, advance, cash credit, overdraft, packing credit, a bill discounted and purchased or any other financial accommodation provided by a financial institution to a customer (v) a benami loan or facility that is, a loan or facility the real beneficiary or recipient whereof is a person other than the person in whose name the loan or facility is advanced or granted (vi) any amount due from a customer to a financial institution under a decree passed by a civil court or an award given by an arbitrator (vii) any amount due from a customer to a financial institution which is the subject matter of any pending suit, appeal or revision before any court (viii) any amount of loan or facility availed by a person from a financial institution outside Pakistan who is for the time being resident in Pakistan; (ix) any other facility availed by a customer from a financial institution.

and includes (i) any company whether incorporated within or outside Pakistan which transacts the business of banking or any associated or ancillary business in Pakistan through its branches within or outside Pakistan and includes a government savings bank, but excludes the State Bank of Pakistan (ii) a modaraba or modaraba management company, leasing company, investment bank, venture capital company, financing company, unit trust or mutual fund of any kind and credit or investment institution, corporation or company and (iii) any company authorised by law to carry on any similar business, as the Federal Government may by notification in the official Gazette, specify

- (a) any company whether incorporated within or outside Pakistan which transacts the business of banking or any associated or ancillary business in Pakistan through its branches within or outside Pakistan and includes a government savings bank, but excludes the State Bank of Pakistan; (b) a modaraba or modaraba management company, leasing company, investment bank, venture capital company, financing company, asset management company and credit or investment institution, corporation or company; and (c) any company authorised by law to carry on any similar business, as the concerned Minister-in-Charge of the Federal Government may by notification in the official Gazette, specify; (32) "financial period" in relation to a company or any other body corporate, means the period (other than financial year) in respect of which any financial statements thereof are required to be made pursuant to this Act; (33) "financial statements" in relation to a company, includes - (a) a statement of financial position as at the end of the period; (b) a statement of profit or loss and other comprehensive income or in the case of a company carrying on any activity not for profit, an income and expenditure statement for the period; (c) a statement of changes in equity for the period; (d) a statement of cash flows for the period; (e) notes, comprising a summary of significant accounting policies and other explanatory information; (f) comparative information in respect of the preceding period; and (g) any other statement as may be prescribed; (34) "financial year" in relation to a company or any other body corporate, means the period in respect of which any financial statement of the company or the body corporate, as the case may be, laid before it in general meeting, is made up, whether that period is a year or not

the State Bank of Pakistan, a commercial or investment bank, a leasing company, a modaraba or other concerns, so defined in terms of section 2 (a) of the Financial Institutions (Recovery of Finances) Ordinance, 2001 (Ordinance No. XLVI of 2001)

shall have the same meaning as assigned to it in clause (15A) of section 2 of the Companies Ordinance, 1984 (XLVII of 1984)

but not limited to a fraud, an array of irregularities which include illegal acts, concealment of facts, deliberate concealment of information related to financial issues concerning the respective charity or its funding sources as mentioned in its reports or documents and include any embezzlement, internal thefts, payoffs, kickbacks, skimming of funds and spending of funds for non-intending purposes; and

the financial monitoring unit specified under the Anti-Money Laundering Act, 2010 (VII of 2010)

means the financial monitoring unit specified under the Anti -Money Laundering Act, 2010 (VII of 2010)

any or all types and gauges of handguns, rifles and shotguns, whether automatic, semi-automatic or bolt action, and shall include all other firearms as defined in the Arms Ordinance, 1965 (W.P. Ord. XX. of 1965);

shall have the same meaning as assigned to it in section 4 of the Partnership Act 1932 (IX of 1932) and shall include an association of persons as defined in section 80 of the Income Tax Ordinance, 2001 (XLIX of 2001)

anything used as food or drink for human consumption other than drugs, and includes- (i) any substance which is intended for use in the preparation of food; (ii) any flavouring agent or condiment; (iii) any colouring matter intended for use in food; (iv) chewing gum, confectionary and other products of like nature; (v) water in any form including ice, intended for human consumption or for use in the composition or preparation of food; and (vi) any other thing prescribed as food; Explanation-I.- A thing shall not cease to be food by reason that it is also capable of being used as drugs.

every eatable used for food or drink by human beings but does not include drugs or water

anything whether processed, semi processed, raw or cooked and used as food adulterant for human consumption other than drugs as defined in the Drug Act,1976 (XXXI of 1976) and includes.- (a) any substance intended to be used in composition or preparation of food; (b) any flavouring matter or condiment; (c) any colouring matter intended to be used in food; (d) chewing gum, confectionery and other products of the like nature; and (e) water in any form, including ice, either for direct human or use in the composition or preparation of food: Provided that competent authority may declare, by notification in the official Gazette, any article as food for the purposes of this Act: Provided further that an article shall not cease to be food by reason only that it is also capable of being used as a medicine

any substance not normally consumed as food by itself or used as a typical ingredient of food but the addition of which to food affects the characteristics of the food

any substance which, normally, is not consumed as food, by itself, but is used as a typical ingredient of the food, the addition of which to the food affects the characteristics of such food

the Punjab Food Authority established under the Act

the ICT Food Authority established under section 3 of the Act

any undertaking, whether or not for profit, carrying out any of the activities related to any stage of manufacturing, processing, packaging, storage, transportation, distribution of food, import, export and includes food services, catering services, sale of food or food ingredients

any undertaking establishment or concern whether maintained for profit or otherwise, carrying on any of the activities related to any stage of manufacturing, processing, packaging, import, export, storage, transportation, distribution of food and includes services like catering, distribution and sale of food or food ingredients

any food laboratory or institute established or recognized by the Food Authority

any laboratory or institute to be declared by the Competent Authority

a person who manufactures for sale, transports, stores, sells, distributes, imports or exports food

a person who manufactures for sale, transports, by the Competent Authority as such; and

a Food Safety Officer appointed under the Act

any officer appointed as such, by the competent authority

any Magistrate, not less than First Class, notified as tribunal under the Act

any company or body corporate incorporated outside Pakistan, which- (a) has a place of business or liaison office in Pakistan whether by itself or through an agent, physically or through electronic mode; or (b) conducts any business activity in Pakistan in any other manner as may be specified

any country other than Pakistan

a court of competent jurisdiction of a foreign country recognised by the Federal-Government from time to time

to prohibit the transfer, conversion, disposition or movement of any money or other property;

prohibiting by an order made by the Special Court or an officer authorised under this Act the transfer, conversion, disposal or movement of any assets and includes the holding, controlling, assuming custody or managing any assets in pursuance of such order and, in the case of assets which are perishable the disposal thereof; 1[(oa) "illicit traffic" in the relation to narcotic drugs, psychotropic substances or controlled substances means __ (i) cultivating any coca plant or gathering any portion of cocoa plant; (ii) cultivating the opium poppy or any cannabis plant or gathering in any portion of opium poppy or cannabis plant; 1 Ins. by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) s. 3. (iii) engaging in the production, manufacture, possession, sale, purchase, transportation, warehousing, concealment, use or consumption, import into Pakistan, export from Pakistan or transship any narcotic drugs or psychotropic substances or controlled substances; (iv) dealing in any activities in narcotic drugs or psychotropic substances or controlled substances other than those referred to in sub-clauses (i) to (iii); (v) handling or letting out any premises for the carrying on of any of the activities referred to in sub-clauses (i) to (iv); (vi) financing directly or indirectly any of the aforementioned activities; (vii) abetting or conspiring in the furtherance of or in support of doing any of the aforementioned activities; or (viii) harboring persons engaged in any of the aforementioned activities.

“Freezing” includes attachment, sealing, prohibiting, holding, controlling or managing any property either through a Receiver or otherwise as may be directed by the Court or Chairman NAB and in case it is deemed necessary the disposal thereof, by sale through auction or negotiation subject to confirmation by the Court or by Chairman NAB as the case may be after public notice;

money, valuables, land or any contribution having monetary value solicited for funding the project or any activity of a charity or organization

the Senior Citizens Fund established under section 15 of this Act

goods to be manufactured or produced or acquired by the seller after the making of the contract of sale