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  "title": "Privatization Commission Ordinance, 2000",
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  "text": "Page 1 of 20 \r\n \r\n \r\n \r\nTHE PRIVATISATION COMMISSION ORDINANCE, 2000 \r\n \r\nCONTENTS \r\n \r\nPART I—GENERAL \r\n \r\n1. Short title, extent and commencement \r\n2. Definitions \r\nPART II—PRIVATISATION COMMISSION \r\n3. Establishment of the Commission \r\n4. Location of Office \r\n5. Functions and Powers of the Commission \r\nPART III—MANAGEMENT AND ADMINISTRATION \r\n6. Board of the Commission \r\n7. Chairman, Secretary and members \r\n8. Meetings of the Board \r\n9. Delegation \r\n10. Employees of the Commission \r\n11. Employment of agents, advisers and consultants \r\n12. Public Servants \r\n13. Disclosure of interest \r\nPART IV—FINANCIAL PROVISIONS \r\n14. Funds of the Commission \r\n15. Expenditure to be charged on the Commission Account \r\n16. Privatisation Fund \r\n17. Power to obtain finance and receive grants \r\n18. Investment \r\n19. Bank accounts \r\n20. Accounts\r\n\r\n \r\nPage 2 of 20 \r\n \r\n21. Audit \r\n \r\n \r\nPART V—PRIVATISATION \r\n22. Privatisation programme \r\n23. Advertisement of privatisation \r\n24. Valuation of property \r\n25. Modes of privatisation \r\n26. Publication of privatisation transaction \r\n27. Investigations \r\nPART VI—JURISDICTION \r\n28. Privatization Appellate Tribunal \r\n29. Appeal to Supreme Court \r\n30. [Omitted] \r\n31. Transfer of cases \r\n32. Offences \r\n33. [Omitted] \r\nPART VII—REGULATORY AND OTHER PROVISIONS \r\n34. Extent of Transfer of Property \r\n35. Directions by Commission \r\n36. Information \r\n37. Annual Report \r\n38. Information to Public \r\n39. Immunity of the Commission and its employees \r\n40. Rules \r\n41. Regulations \r\n42. Ordinance to override other laws \r\n43. Common seal \r\n44. Exemption from taxes \r\n45. Liability of the Federal Government to be limited \r\n46. Support of the Federal Government \r\n47. Dissolution \r\n48. Removal of Difficulties \r\nSchedule\r\n \r\nPage 3 of 20 \r\n \r\nTHE PRIVATISATION COMMISSION ORDINANCE, 2000 \r\nORDINANCE No. LII OF 2000 \r\n \r\n[28th September, 2000] \r\nAn Ordinance to provide for the establishment of the Privatisation Commission \r\nWHEREAS it is expedient to provide for the establishment of the Privatisation Commission for  \r\nimplementing the privatisation policy of the Federal Government and to provide for matters connected \r\ntherewith or incidental thereto; \r\n \r\nWHEREAS the Federal Government is carrying out a programme of privatisation; \r\n \r\nWHEREAS it is expedient to provide for a fair and transparent process of privatisation to secure \r\ntransactions resulting therefrom; \r\n \r\nWHEREAS it is expedient to provide for the utilization of the proceeds of privatisation for the  \r\nretirement of Federal Government debt and for poverty alleviation; \r\n \r\nWHEREAS it is expedient to provide for an expeditious mechanism to resolve all disputes  \r\nrelating to privatisation; \r\n \r\nWHEREAS the National Assembly and the Senate stand suspended in pursuance of the \r\nProclamation of Emergency of the fourteenth day of October, 1999, and the Provisional Constitution  \r\nOrder No. 1 of 1999; \r\n \r\nAND WHEREAS the President is satisfied that circumstances exist which render it necessary to  \r\ntake immediate action; \r\n \r\nNOW, THEREFORE, in pursuance of the aforesaid Proclamation of the fourteenth day of October, \r\n1999, and Provisional Constitution Order No. 1 of 1999, as well as Order No. 9 of 1999, and  in exercise \r\nof all powers enabling him in that behalf, the President of the Islamic Republic of Pakistan  is pleased \r\nto make and promulgate the following Ordinance.— \r\n \r\nPART I—GENERAL \r\n \r\n1. Short title, extent and commencement.—(1) This Ordinance may be called the \r\nPrivatisation Commission Ordinance, 2000. \r\n \r\n(2) It extends to the whole of Pakistan. \r\n(3) It shall come into force at once. \r\n \r\n2. Definitions.—In this Ordinance, unless there  is anything repugnant in the  subject or \r\ncontext,— \r\n(a) “Board” means the Board of the Commission. \r\n   \r\n  (b) 1[* * * * * * *] \r\n \r\n \r\n1Omitted by Act No. XVIII of 2026, s.3.\r\n \r\nPage 4 of 20 \r\n \r\n(c) “Chairman” means Chairman of the Commission; \r\n \r\n (d)  “Commission” means the Privatisation Commission established under section 3; \r\n \r\n(e)  “Commission Account” means the Commission Account  established under  \r\nsection 14; \r\n \r\n   (f)  “member” means a member of the Board; \r\n \r\n(g)  “person” includes an individual, partnership, trust, company or association or of \r\nbody corporate or body of individuals, whether or not having separate legal  \r\npersonality, other than the Federal Government or any enterprise owned or  \r\ncontrolled by the Federal Government; \r\n \r\n(h)  “prescribed” means prescribed by rules made under this Ordinance; \r\n \r\n(i)  “privatization” includes a transaction by virtue of which any property, right,  \r\ninterest, concession or management thereof is transferred to any person from the \r\nFederal Government or any enterprise owned or controlled, wholly or partially, \r\ndirectly or indirectly, by the Federal Government; \r\n \r\n(j)  “Privatisation Fund” means the Privatisation Fund established under section 16; \r\n \r\n(k)  “privatisation proceeds” means the proceeds of privatisation received by the  \r\nCommission; \r\n(l)  “property” includes any right, title or interest in property, moveable or \r\nimmovable and in whole or in part, and any means and instruments of \r\nproduction owned or controlled directly or indirectly by the Federal              \r\nGovernment or any enterprise owned or controlled by the Federal Government \r\nwhether in or outside Pakistan; \r\n \r\n(m)  “regulations” means the regulations made under section 41 of this Ordinance; \r\n \r\n(n)  “regulatory authority” means the Pakistan Telecommunication Authority \r\nestablished under the Pakistan Telecommunication (Re-Organisation) Act, \r\n1996, (Act XVII of 1996), the National Electric Power Regulatory Authority  \r\nestablished under the Regulation of Generation, Transmission and Distribution  \r\nof Electric Power Act, 1997 (Ac t XL of 1997), the Natural Gas Regulatory  \r\nAuthority established under the Natural Gas Regulatory Authority Ordinance,  \r\n2000 (Ordinance I  of 2000), and such other authority as may be established  \r\nunder any law; \r\n(o)  “rules” means the rules made under section 40 of this Ordinance; \r\n(p)  “Secretary” means the Secretary of the Commission; and \r\n(q)  “staff” means the staff of the Commission and includes a deputationist and \r\na contract employee. \r\n \r\nPage 5 of 20 \r\n \r\nPART II—PRIVATISATION COMMISSION \r\n3. Establishment of the Commission.—(1) The Privatisation Commission is hereby \r\nestablished for carrying out the purposes of this Ordinance. The Privatisation Commission shall be a  \r\nbody corporate having perpetual succession and a common seal, with power, subject to the provisions \r\nof this Ordinance, to enter into agreements, contracts, acquire and hold property, both  moveable and \r\nimmovable, and to sue and be sued in its name. \r\n(2) The Federal Government’s Notification No. F. 5(1) Adm­I/91 dated 22nd January, 1991 \r\nand other related notifications issued from time to time establishing and reconstituting the Privatisation \r\nCommission (hereinafter referred to as the “existing Commission”) are hereby rescinded and the \r\nexisting Commission shall stand dissolved on the commencement of this Ordinance. \r\n \r\n(3) Upon the commencement of this Ordinance, the dissolution of the existing Commission  \r\nand establishment of the Commission under this Ordinance: \r\n \r\n(a) all assets, rights, powers, authorities and privileges, and all property, moveable \r\nand immovable, cash and bank balances, reserve funds investment and all other \r\ninterests and rights in, or arising out of, such property and all  debts, liabilities \r\nand obligations of whatever kind of the existing Commission  subsisting \r\nimmediately before the dissolution  shall stand transferred  to and vest in the \r\nCommission; \r\n(b) Notwithstanding anything contained in this Ordinance or any other law for the  \r\ntime being in force or in any agreement, deed, document or other instrument: \r\n \r\n(i) the Chairman of the existing Commission referred to in sub -section (2) \r\nshall continue to be the Chairman of the Commission and the Board  \r\nunless and until a Chairman is appointed under section 7; \r\n(ii) the Secretary of the existing Commission referred to in sub -section (2) \r\nshall continue to be the Secretary of the Commission and the Board  \r\nunless and until a Secretary is appointed under section 7; \r\n \r\n(iii) a member of the existing Commission referred to in sub-section (2) shall \r\ncontinue to be a member of the Board unless and until such member is \r\nappointed under section 7; \r\n(iv) all officers, consultants, advisers, auditors and other employees and staff \r\nof the existing Commission shall stand transferred and be officers,  \r\nconsultants, advisers, auditors and employees and staff of the \r\nCommission; \r\n(c) the Chairman, Secretary, members and other persons mentioned in clause (b)  \r\nabove shall be deemed to have been appointed or engaged by the Commission  \r\nin accordance with the same terms and conditions of service as were applicable \r\nto them, immediately before such  continuance in office or transfer under this  \r\nOrdinance and no Chairman, Secretary, member, officer, consultant, adviser,  \r\nauditor or other employee or staff whose services are so continued or transferred \r\nshall be entitled to any compensation because of such continuance or transfer; \r\n \r\nPage 6 of 20 \r\n \r\nProvided that the civil servants appointed to or working in the existing  \r\nCommission shall upon their transfer to the Commission continue to be \r\ngoverned by the Civil Servants Act, 1973 (Act LXXI of 1973) and rules made  \r\nthereunder; \r\n \r\nProvided further that such civil servants may  subject to their option \r\nbe considered for absorption in the Commission in accordance with the \r\nregulations, the Civil Servants Act,  1973 (Act LXXI of 1973) and  rules made \r\nthereunder; \r\n \r\n(d) the budget provision for the existing Commission shall stand transferred to the  \r\nCommission Account upon authorization by the Federal Government; \r\n \r\n(e) the balance amount of Privatisation Fund account of the existing Commission  \r\nshall stand transferred to the Privatisation Fund; \r\n \r\n(f) all debts and obligations incurred or contracts entered into or rights acquired  \r\nand all matters and things engaged to be done by, with or for the existing  \r\nCommission before its dissolution shall be deemed to ha ve been incurred,  \r\nentered into, acquired or engaged to be done by, with or for the Commission; \r\n \r\n(g) all suits and other legal proceedings instituted by or against the existing \r\nCommission before its dissolution shall be deemed to be suits and proceedings \r\nby or against the Commission and shall be proceeded or otherwise dealt with  \r\naccordingly; and \r\n \r\n(h) a reference to the existing Commission in any statutory instrument or document \r\nshall, unless the context otherwise requires, be read and construed                                          as reference \r\nto the Commission. \r\n \r\n(4) All rules, regulations, notifications, orders or instructions in force immediately before the  \r\ncommencement of this Ordinance, shall, so far as they are not inconsistent with any of the provisions \r\nof this Ordinance, continue to be in force until repealed or altered by rules or regulations made under \r\nthis Ordinance. \r\n \r\n4. Location of Office. — The principal office of the Commission shall be at Islamabad. The  \r\nCommission may establish regional offices at such other place or places in Pakistan as it considers  \r\nnecessary. \r\n \r\n5. Functions and Powers of the Commission.— The Commission shall: \r\n \r\n(a) recommend privatisation policy guidelines to the 1[Federal Government]; \r\n \r\n(b) prepare for the approval of the 1[Federal Government] , a comprehensive \r\nprivatisation programme; \r\n(c) plan, manage, implement and control the privatisation programme approved \r\nby the 1[Federal Government]; \r\n(d) prepare and submit reports to the 1[Federal Government] on all aspects of the \r\nprivatisation programme; \r\n \r\n1Subs. by Act No. XVIII of 2026, s.2.\r\n \r\nPage 7 of 20 \r\n \r\n(e) facilitate or initiate legislation as approved by the 1[Federal Government] by or \r\non behalf of  concerned Ministry in connection with the privatisation \r\nprogramme; \r\n \r\n(f) provide overall directions for the implementation of privatisation related \r\nactivities including restructuring, deregulation and post-privatisation matters in \r\nsectors designated by the 1[Federal Government]; \r\n \r\n(g) take operational decisions on matters pertaining to privatisation, restructuring,  \r\nderegulation, regulatory issues including approval of licensing and tariff rules  \r\nand other related issues pertaining to the privatisation programme approved by  \r\nthe 1[Federal Government]; \r\n \r\n(h) issue directions and instructions to the management of a business undertaking  \r\nfalling within the purview of the privatisation programme approved by the  \r\n1[Federal Government] on all major important administrative, financial, \r\nreporting and policy matters; \r\n \r\n(i) publicize the activities of the privatisation programme; \r\n \r\n(j) propose a regulatory framework, including the establishment and strengthening \r\nof regulatory authorities, to the 1[Federal Government] for independent and fair \r\nregulation of each industry sector falling within the purview of the privatisation \r\nprogramme; \r\n \r\n(k) advise the Federal Government in selection and appointment of the head and a  \r\nmember of a regulatory authority; \r\n \r\n(l) advise the Federal Government that monopolies are not created in the process  \r\nof privatisation; \r\n \r\n(m) appoint advisors, consultants, valuers, lawyers and such other staff, both local  \r\nand foreign, on such terms as it may determine to discharge its functions under \r\nthis Ordinance; \r\n \r\n(n) approve and take decisions and perform all acts to implement p re-privatisation \r\nrestructuring, labour rehabilitation and severance schemes, and all other related \r\nmatters as approved by the 1[Federal Government]; \r\n \r\n(o) invite applications for the privatisation and ensure widest possible participation; \r\n(p) evaluate bids received according to criteria determined by the Commission from \r\ntime to time and formulate recommendations for consideration by the 1[Federal \r\nGovernment]; \r\n(q) recommend to the Federal Government such labour and manpower \r\nrehabilitation programmes as may be nec essary during privatisation and to  \r\ndevelop a roster of such employees who may need rehabilitation; \r\n(r) advise measures to the Federal Government for improvement of public sector  \r\nunits till their privatisation; \r\n \r\n1Subs. by Act No. XVIII of 2026, s.2. \r\n \r\nPage 8 of 20 \r\n \r\n(s) assist in the implementation of Federal Government policies on deregulation  \r\nand privatisation and advise the Federal Government on deregulating the \r\neconomy to the maximum possible extent; and \r\n(t) perform such other functions that are incidental or ancillary to carry out the  \r\nprivatisation programme approved by the 1[Federal Government]. \r\n \r\nPART III—MANAGEMENT AND ADMINISTRATION \r\n6. Board of the Commission.—(1) The general management and administration of the \r\naffairs of the Commission shall vest in the Board. The Board shall consist of the Chairman, the  \r\nSecretary and six other members, or such other higher number as may be determined by the 1[Prime \r\nMinister of Pakistan]. \r\n \r\n(2) The Chairman of the Commission shall also be the Chairman of the Board. \r\n \r\n(3) The Secretary of the Commission shall also be the Secretary of the Board. \r\n \r\n(4) No act or proceeding of the Board shall be invalid by reason only of the existence of a  \r\nvacancy in, or defect in, the constitution of the Board. \r\n \r\n7. Chairman, Secretary and members.—2[(1) The Prime Minister of Pakistan shall appoint \r\nthe Chairman, Secretary and members.] \r\n \r\n(2) The Chairman shall be responsible for the day to day administration of the affairs \r\nof the Commission. \r\n \r\n (3) The Chairman shall be an eminent professional of known integrity and \r\ncompetence with qualifications or experience in privatisation or any related field, including business, \r\nmanagement, finance, or law. The Secretary and other members shall be professionals of known \r\nintegrity an d competence with qualifications or experience in privatisation or any related field, \r\nincluding business,  management, finance, or law. \r\n \r\n1[(4) The Prime Minister of Pakistan shall determine the remuneration, allowances, \r\nprivileges and other facilities of the Chairman, Secretary and members.]  \r\n(5) The Chairman, Secretary and other members shall, unless they resign or are  \r\nremoved from office earlier by the Federal Government, hold office for such period as may be \r\ndetermined by the Federal Government. \r\n \r\n(6) No person shall be appointed or continue as a Chairman, Secretary or member if he— \r\n(a) has been convicted of an offence involving moral turpitude or has been found  \r\nguilty of misconduct; \r\n(b) has been or is adjudged insolvent; \r\n(c) is incapable of discharging his duties by reasons of physical or mental unfitness \r\n \r\n1Subs. by Act No. XVIII of  2026, ss.2, 4 & 5. \r\n2Subs. by Act No. XLV of 2021, s. 2. \r\n  \r\n \r\nPage 9 of 20 \r\n \r\nand has been so declared by a Special Medical Board appointed by the 1[Prime \r\nMinister of Pakistan]; or \r\n(d) fails to disclose any conflict of interest at or within the time provided for such  \r\ndisclosure by or under this Ordinance or contravenes any of the provisions of  \r\nthis Ordinance pertaining to unauthorized disclosure of information. \r\n(7) The Chairman, Secretary or a me mber may at any time resign his office by a \r\nwritten notice addressed to the 1[Prime Minister of Pakistan]. The office of the Chairman, Secretary \r\nor a member  shall become vacant upon the death or resignation of the Chairman, Secretary or a \r\nmember. A vacancy caused by resignation or any other reason shall be filled by the appointment of a \r\nperson qualified to fill such vacancy. \r\n(8) The Chairman shall not, during his term of office, engage himself in any other \r\nservice, business, vocation or employment in respect of or relating to privatisation activity and before \r\nthe expiration of two years thereof enter into the employment of, or accept any advisory or consultancy \r\nrelationship with, any person engaged in any privatisation. \r\n(9) The Chairman, Secretary or a member shall not have any direct or indirect \r\nfinancial interest, or have any connection with any person engaged in privatisation for so long as he \r\nholds office and for a period of two years thereafter. \r\n \r\n(10) The Secretary of the Commission shall exercise all the powers of a Secretary to \r\nthe Federal Government. \r\n \r\n8. Meetings of the Board. —(1) Save as hereinafter provided, the Board shall regulate the  \r\nprocedure for its meetings. \r\n \r\n(2) The meetings of the Board shall be presided over by the C hairman. In the absence of the  \r\nChairman, the members present in the meeting may select a Chairman for that meeting. \r\n \r\n(3) At least one third of the members shall constitute a quorum for meetings of the Board  \r\nrequiring a decision by the Board. \r\n(4) The meeting of the Board shall be held at such time and place as the Chairman or a majority \r\nof members may from time to time determine. Members shall have reasonable notice of  the time \r\nand place of the meeting and the matters on which a decision by the Board shall be ta ken in  such \r\nmeeting. \r\n(5) Decisions of the Board shall be taken by the majority of its members present, and in case  \r\nof a tie, the person presiding the meeting shall have a casting vote. \r\n \r\n(6) The Board shall cause minutes to be kept of proceedings of every meeting of the Board and \r\nof every meeting of a committee established by the Board. Decisions of the Board shall be  recorded \r\nin writing and signed by the Chairman. \r\n \r\n9. Delegation.—(1) The Board may constitute committees of its members to entrust them with \r\nsuch functions and powers as it may deem fit. The Board or any of its committees may invite  any \r\ntechnical expert or other person possessing specialized knowledge of any subject or representative of \r\na government institution for assistance in the performance of its functions. \r\n \r\n1Subs. by Act No. XLV of 2021, s. 2. \r\n  \r\n \r\nPage 10 of 20 \r\n \r\n(2) The Board may, subject to such conditions and limitations as it may deem fit to impose,  \r\ndelegate any of its functions or powers to the Chairman, or Secretary or one or more members of the \r\nBoard or any officer of the Commission, except— \r\n(a) the power to approve the audited accounts; and \r\n(b) the power to make or repeal regulations made under this Ordinance. \r\n \r\n(3) A delegation under this section shall not prevent the concurrent performance or exercise by \r\nthe Board of the functions or powers so delegated. \r\n \r\n10. Employees of the Commission. —(1) To carry out the purposes of this Ordinance, the  \r\nCommission may, from time to time, employ persons to be employees of the Commission who shall \r\nbe paid such remuneration and allowances and shall hold their employment on such terms and  \r\nconditions as may be determined by the Commission. \r\n(2) The employees of the Commission shall hold office during the pleasure of the Commission \r\nand shall be liable to disciplinary action in accordance with the regulations made by the Commission. \r\n \r\nProvided that the civil servants appointed to the Commission shall be governed by the  Civil \r\nServants Act, 1973 (Act LXXI of 1973) and rules made thereunder unless abs orbed in  the \r\nCommission. \r\n11. Employment of agents, advisers and consultants. —(1) Subject to sub -section (2), the  \r\nCommission may, employ any technical, professional and other agents, advisers, and consultants  \r\nincluding, bankers, engineers, valuers, accountants, lawyers and other persons to transact any business \r\nor to do any act required to be transacted or done in the exercise of its powers, the performance of its \r\nfunctions or for the better implementation of the purposes of this Ordinance. \r\n(2) The decision to employ and the terms of employment of agents, advisers, and consultants  \r\nshall be made by the Commission in accordance with such policy guidelines as the Commission may  \r\nlay down from time to time. \r\n12. Public Servants .— The Chairman, Secretary, membe rs, officers, employees and other  \r\npersons authorized to perform or exercise any function or power under this Ordinance or rendering  \r\nservices to the Commission as agents, advisers or consultants shall be deemed to be public servants  \r\nwithin the meaning of section 21 of the Pakistan Penal Code, 1860 (Act XLV of 1860). \r\n \r\n13. Disclosure of interest .—(1) Where a person is present at a meeting of the Board or  \r\ncommittee of the Board and that person or his family or his professional or business partner or associate \r\nhas direct or indirect interest in the subject of consideration in that meeting, that person shall— \r\n(a) forthwith disclose such an interest; and \r\n(b) not take part in any consideration on that matter unless the  Board or the \r\ncommittee thereof otherwise directs. \r\n(2) Where a member of the Commission, staff or other employee of the Commission, including \r\nan adviser, consultant or his family has a direct or indirect interest in any matter relating to Privatisation \r\nsuch person shall forthwith disclose that interest to the Commission and the Commission                         shall have the \r\nright to take such action as it considers appropriate. \r\n \r\nPage 11 of 20 \r\n \r\nPART IV—FINANCIAL PROVISIONS \r\n \r\n14. Funds of the Commission. —(1) There is hereby established, for the purposes of this  \r\nOrdinance, a Commission Account  to be administered and controlled by the  Commission. The  \r\noperations of the Commission shall be funded from the Commission Account. The funds of the  \r\nCommission shall consist of— \r\n \r\n(a) grants from the Federal Government; \r\n \r\n(b) supplementary contributions from the Privatisation Fund; \r\n \r\n(c) income from investments; \r\n \r\n(d) fees and charges; \r\n \r\n(e) grants of money and sums borrowed or raised by the Commission for the  \r\npurposes of meeting any of its obligations or discharging any of its duties; and \r\n \r\n(f) all other sums or property which may in any manner become payable to or  \r\nvested in the Commission in respect of any matter incidental to the exercise of  \r\nits functions and powers. \r\n \r\n(2) The Commission shall in respect of each financial year prepare its budget and  submit it to \r\nthe Federal Government for approval, in the form and manner as may be prescribed. \r\n \r\n(3) It shall  be the duty of the Commission to conserve the Commission Account and the  \r\nPrivatisation Fund while performing its functions and exercising its powers under this Ordinance. \r\n \r\n15. Expenditure to be charged on the Commission Account. — The Commission Account \r\nshall be expended for the purpose of— \r\n \r\n(a) paying any expenditure lawfully incurred by the Commission, including the  \r\nremuneration and allowances of the  Chairman, members, staff,  employees, \r\nadvisers, and consultants, accountants, lawyers, valuers and other experts \r\nappointed and employed by the Commission, including provident fund \r\ncontributions, superannuating allowances or gratuities and legal fees and costs \r\nand other fees and costs, if any; \r\n \r\n(b) paying for expenditure incurred on.— \r\n \r\n(i) public offering and placement of shares; \r\n \r\n(ii) marketing and publicity; \r\n \r\n(iii) seminars and conferences; \r\n \r\n(iv) labour rehabilitation and severance schemes; and \r\n \r\n(v) restructuring. \r\n \r\nPage 12 of 20 \r\n \r\n(c) purchasing or hiring equipment, machinery and any other materials, acquiring  \r\nland and erecting buildings, and carrying out any other work and undertakings  \r\nin the performance of its functions or the exercise of its powers under this  \r\nOrdinance; \r\n \r\n(d) repaying any financial accommodation received or moneys borrowed under this \r\nOrdinance and the profit, mark-up or return due thereon; and \r\n \r\n(e) paying any other expenses, costs or expenditure properly incurred or accepted  \r\nby the Commission in the performance of its function s or the exercise of its  \r\npowers under this Ordinance- \r\n \r\nProvided that all the above expenditures shall be met from other \r\nresources before utilization of supplementary contributions from the \r\nPrivatisation Fund. \r\n \r\n16. Privatisation Fund. —(1) The Commission shall establish and maintain a distinct and  \r\nseparate Privatisation Fund in which all privatisation proceeds shall be deposited. The Commission  \r\nshall, out of the moneys so deposited, withdraw and contribute to the Commission’s Account such  \r\namount or amounts as may be needed by it from time to time but only to supplement the other resources \r\ntherein if and to the extent necessary. The remaining privatisation proceeds shall be kept in   trust for \r\nand distributed to the Federal Government or the enterp rise owned or controlled by the  Federal \r\nGovernment entitled to such proceeds 1[:] \r\n \r\n1[Provided that the Commission may, if so required by the Federal Government, withhold a  \r\nspecified amount out of the privatisation pro ceeds, of 2[Federal Government’s] shares in the oil and  \r\ngas fields specified in the Schedule to this Ordinance: \r\n \r\nProvided further that the amount withheld under the foregoing proviso shall be paid to  the \r\nFederal Government and shall not exceed the sum equivalent to such proceeds as may be necessary \r\nto compensate the Federal Government for the investments made by it in such oil and gas fields.] \r\n \r\n(2) The privatisation proceeds distributed to the Federal Government pursuant to sub -section \r\n(1), shall be utilized by the Federal Government as follows: \r\n \r\n(a) ten percent shall be used for poverty alleviation programmes; and \r\n \r\n(b) the remaining ninety percent for retirement of the Federal Government debt. \r\n \r\n17. Power to obtain finance and receive grants.— The Commission may, from time to time \r\nand with the approval of the Federal Government, obtain finance in respect of any sums required by  \r\nthe Commission for meeting any of its obligations or performing any of its functions. \r\n \r\n(2) The Commission may, with the approval of the Federal Government, also accept grants  \r\nfrom entities both domestic and international, including multilateral agencies. \r\n \r\n \r\n1 Subs. and ins. by Ordinance No. CXVI of 2002, s.2. \r\n2 Subs. by Act No. XVIII of 2026, s.6.\r\n \r\nPage 13 of 20 \r\n \r\n18. Investment.— The Commission may, in so far as its moneys are not required to be  \r\nexpended under this Ordinance, invest in such manner as set out in section 20 of the Trusts Act, 1882 \r\n(II of 1882). \r\n \r\n1[19. Bank accounts.—(1) Subject to this section, the Commission may open and maintain its \r\naccounts at such scheduled banks as it may determine. \r\n \r\n(2) The Commission may open an account in a scheduled bank with at least high credit \r\nquality assigned by a credit rating agency recognized by the State Bank of Pakistan. \r\n \r\n(3) The Commission shall annually review the credit quality of a bank in which the \r\nCommission is maintaining an account and only continue to maintain account in the bank with at least \r\nhigh credit quality under sub-section (2).] \r\n \r\n20. Accounts.—(1) The Commission shall maintain proper accounts and other records \r\nrelating to its financial affairs to be kept in such form and manner as the Federal Government may  \r\ndetermine in consultation with the Auditor General of Pakistan and shall as soon as practicable after  \r\nthe end of each financial year cause to be prepared for that financial year statements of account of \r\nthe Commission which shall include a balance sheet and an account of income and expenditure. \r\n \r\n(2) The financial year of the Commission shall be the period of twelve months ending 30th June, \r\nin each year. \r\n \r\n21. Audit.—2[(1) The accounts of the Commission shall be audited annually by the Auditor -\r\nGeneral of Pakistan, including audit of privatization transactions completed within the preceding  \r\nfinancial year. \r\n \r\n(2) The Commission, in addition to the audit by the Auditor -General of Pakistan under sub - \r\nsection (1), shall cause privatization transactions completed within the preceding financial year to be  \r\naudited by an external auditor: \r\n \r\nProvided that the Commission shall ensure that every privatization transaction is audited in \r\nsuch manner as may be prescribed.] \r\n \r\n(3) Within six months of the close of the financial year, the Commission shall submit to the  \r\nFederal Government an audited report, statements of account of the commission including a balance  \r\nsheet and an account of income and expenditure in respect of the preceding financial year. \r\n \r\nPART V—PRIVATISATION \r\n 22. Privatisation programme.— Subject to the provisions hereinafter provided, the \r\nCommission shall, after approval by the 3[Federal Government], carry out the privatisation programme \r\nin the prescribed manner. \r\n 23. Advertisement of privatization.— The Commission shall, in consultation with the \r\n3[concerned ministry and enterprise, if required,]  owned or controlled wholly or partially, directly  or \r\nindirectly by the Federal Government, give notice of its intent to privatise. The Commission shall  for \r\neach proposed privatisation publish, in at least two English newspapers and two Urdu newspapers \r\n1Subs. by Act No. XLV of 2021, s. 3.  \r\n2Subs. by Act No. XVI of 2016, s. 2. \r\n3Subs. by Act No. XVIII of 2026, ss. 2 & 7. \r\n  \r\n \r\nPage 14 of 20 \r\n \r\nwith a national circulation on at least two occasions not less than seven days apart, notice of the  \r\navailability of the subject -matter of the privatisation and of the salient terms and conditions thereof.  \r\nAdvertisements for privatisation, where necessary, will also be placed in newspapers with an \r\ninternational circulation. \r\n \r\n 24. Valuation of property.— The valuation of the property shall be performed, in the \r\nprescribed manner, by independent valuers who shall issue a valuation report to the Commission. \r\n 25. Modes of privatisation.— The Commission shall carry out privatisation, in accordance \r\nwith the prescribed procedure, through any of the following modes— \r\n \r\n(a) sale of assets and business; \r\n \r\n(b) sale of shares through public auction or tender; \r\n \r\n(c) public offering of shares through a stock exchange; \r\n \r\n(d) management or employee buyouts by management or employees of a state \r\nowned enterprise; \r\n(e) lease, management or concession contracts; or \r\n(f) any other method as may be prescribed. \r\n \r\n 26. Publication of privatisation transaction.—(1) The Commission shall, within thirty days  \r\nof the completion of each privatisation transaction, publish by notice in the official Gazette— \r\n \r\n(a) summary description of the transaction including name and address of the \r\ncontracting party; \r\n \r\n(b) the consultants advising the Commission on the transaction; and \r\n \r\n(c) any other matter relating to the transaction considered appropriate by the \r\nCommission. \r\n \r\n 27. Investigations.—(1) The Federal Government or any of its agencies authorized by it,  \r\nmay of its own or on a complaint oversee, scrutinize or investigate any privatisation transaction within \r\none year of the completion of the privatisation. \r\n \r\n(2) After the expiry of the period referred to in sub-section (1), the Federal Government or any \r\nof its agencies shall not be empowered to carry out any such scrutiny or investigation. \r\n \r\nPART VI—JURISDICTION \r\n \r\n1[28. Privatization Appellate Tribunal.__ (1) Notwithstanding anything contained in any other law \r\nfor the time being in force, no court other than the Privatization Appellate Tribunal constituted under this \r\nAct, hereinafter called as the Appellate Tribunal, shall exercise jurisdiction under this Act. \r\n \r\n1Subs. by Act No. XXII of 2024, s.2. \r\n  \r\n \r\nPage 15 of 20 \r\n \r\n(2) The Appellate Tribunal shall, for the purposes of hearing and deciding civil and criminal matters \r\nunder this Act, have the same powers as are vested in a civil court or, as the case may be, criminal court \r\ntrying a suit or case under the Code of Civil Procedure, 1908 (Act V of 1908) or the Code of Criminal \r\nProcedure, 1898 (Act V of 1898) in respect of__ \r\n(a)  summoning and enforcing the attendance of any person and examining him on oath; \r\n(b)  requiring the discovery and production of documents and material objects; \r\n(c)  receiving evidence on affidavits; and \r\n(d)  issuing commissions for examination of witnesses and documents. \r\n(3) The Federal Government shall,  by notification in the official Gazette, constitute the Appellate \r\nTribunal consisting of a chairperson, one technical member and one judicial member to be appointed by it. \r\n(4) A retired Judge of the Supreme Court shall be appointed as Chairperson of the Tribunal who shall \r\nbe entitled to the salary, perks and privileges as were last drawn by him as such Judge. \r\n(5) The technical and judicial members shall be entitled to the salary, perk and privileges as are \r\nadmissible to a person appointed in MP-I scale of the Federal Government. \r\n(6) The chairperson and members shall hold office for a period of three years extendable for another \r\nterm, based on performance, on similar terms and conditions and shall cease to hold office on attaining the \r\nage of seventy years or on the expiry of the term unless renewed, whichever is earlier. \r\n(7) No person shall be appointed as a technical member, or remain as such member, of the Appellate \r\nTribunal unless he__ \r\n(a)  is a citizen of Pakistan; \r\n(b)  is not of the age exceeding sixty-five years on the date of his appointment; \r\n(c)  has not been by a competent court of law declared as un-discharged insolvent; \r\n(d)  has not filed a petition before a competent court of law to declare him insolvent and \r\nsuch petition is not pending adjudication; \r\n(e)  has not been by a competent court of law declared of unsound mind or insane; \r\n(f)  has not been by a competent court of law convicted for an offence involving moral \r\nturpitude, fraud, dishonesty or corruption; \r\n(g)  is not incapable of discharging his duties by reasons of physical or mental unfitness \r\nand has not been so declared by a duly constituted medical board; \r\n(h)  is not, or while appointed as technical member does not become, an officer or a \r\ndirector in any public listed company; \r\n(i) while appointed as technical member, does not fail to disclose any conflict of interest \r\nat or within the time provide for such disclosure under this Act or does not contravene \r\nany of the provisions of this Act pertaining to unauthorized disclosure of information; \r\n(j)  is not, or while appointed as technical member does not become, an Officer or director \r\nof an entity that is licensed or registered under this Act; \r\n \r\nPage 16 of 20 \r\n \r\n(k)  is not or has not been a member or employee of the Commission unless a period of \r\ntwo years has elapsed after he has ceased to be such member or employee; \r\n(1)  possesses at least a master’s or professional degree or equivalent qualification from a \r\nuniversity, or institute, recognized by the Higher Education Commission in finance, \r\nlaw, accountancy, insurance, economic, investment management, industry, banking \r\nor finance; and \r\n(m) possesses at least fifteen years of professional work experience in any of the fields \r\nunder clause (1). \r\n(8) No person shall be appointed as a judicial member, or re main as such member, of the Appellate \r\nTribunal unless he__ \r\n(a)  has been a District and Sessions Judge; \r\n(b)  is or has been an advocate having for a period of not less than ten years active practice \r\nof conducting cases before a high Court; or \r\n(c)  possess the qualifications provided for under clause (a) and (b) of sub-section (7) and \r\ndoes not suffer from disqualification provided for under clause (c) to (k) of sub -\r\nsection (7) if therein for the word “technical member”, the words “judicial member” \r\nwere submitted. \r\n(9) The Federal Government may, by a notice of not less than thirty days and after affording \r\nopportunity of being heard, remove from office the chairperson or a member of the Appellate Tribunal on \r\nthe ground that he is incapable of properly performing the duties of his office by reason of physical or mental \r\nincapacity or having been guilty of misconduct. \r\n(10) The chairperson or a member may by writing under his hand addressed to the Federal \r\nGovernment with a notice of not less than thirty days resign from his office and shall continue to perform \r\nhis duties till acceptance’ of his resignation. \r\n(11) Notwithstanding anything contained in this Act, the Federal Government shall make rules \r\ngoverning practice and procedure of the Appellate Tribunal.] \r\n1[29. Appeal to Supreme Court.— Any person aggrieved by an order of the Appellate Tribunal \r\nmay within sixty days thereof prefer an appeal to the Supreme Court.] \r\n \r\n 30. 1[*  *     *      *        *           * *] \r\n \r\n 31. Transfer of cases.—(1) All legal proceedings whatsoever and matters related to or under or \r\nin connection with or arising from privatisation, the privatisation process or privatisation programme \r\npending on the commencement of 1[the Privatization Commission (Amendment) Act, 2023 (VII of \r\n2023) shall stand transferred to the Privatization Appellate Tribunal]  having jurisdiction provided that \r\nnothing contained herein shall affect any proceedings pending before the Supreme Court of Pakistan. \r\n \r\n(2) In respect of matters transferred to 1[the Privatization Appellate Tribunal under sub-section \r\n(1), the Privatization Appellate Tribunal] shall proceed from the stage at which the proceedings had  \r\n1Subs., and omitted by Act No. XXII of 2024, ss.3-5. \r\n  \r\n \r\nPage 17 of 20 \r\n \r\nreached immediately prior to the transfer and shall not be bound to recall and rehear any witness and \r\nmay act on the evidence already recorded              or produced before the 1[the High Court ] from which the \r\nproceedings were transferred. \r\n \r\n 32. Offences.—(1) Whoever dishonestly commits a breach of t he terms of any agreement,  \r\ncontract, guarantee or such other instrument or document executed by him in relation to privatisation  \r\nshall, without prejudice to any other action which may be taken against him under this Ordinance or any \r\nother law for the time being in force, be punishable with imprisonment of either description for a term \r\nwhich may extend to one year and shall also be liable to fine, and the 1[Privatization Appellate Tribunal] \r\ntrying the offence may order the delivery or payment, or refund, to the Commission, within a time \r\nto be fixed by it  any property or the amount in respect of which any agreement, contract, guarantee,  \r\ninstrument or document was executed. \r\n \r\n(2) Whoever knowingly makes a statement or a declaration which i s false in material respect  \r\nat the time of privatisation and obtains the subject-matter of the privatisation from the Commission on \r\nthe basis thereof, shall be guilty of an offence punishable with imprisonment of either description  for \r\na term which may extend to one year, or with fine, or with both. \r\n \r\n(3) Whoever resists or obstructs, either by himself or on behalf of the judgement debtor,  \r\nthrough the use of force or otherwise the execution of a decree, shall be punishable with imprisonment \r\nwhich may extend to one year, or with fine, or with both. \r\n \r\n(4) Where the person guilty of an offence  under this  Ordinance is a  company or  other  body \r\ncorporate, the chief executive by whatever name called, and any director or officer of the company \r\ninvolved shall be deemed to be guilty of the offence and shall be liable to be proceeded against and \r\npunished accordingly. \r\n \r\n(5) All offences under this Ordinance shall be non-cognizable and compoundable by or under \r\nthe authority of the Commission. \r\n \r\n(6) The 1[Privatization Appellate Tribunal] shall not take cognizance of any offence under this \r\nOrdinance unless a complaint has been filed by the Commission or a person authorized by it in writing. \r\n \r\n 33. 1[*  * * * * * *] \r\n \r\nPART VII—REGULATORY AND OTHER PROVISIONS \r\n \r\n 34. Extent of Transfer of Property.— Notwithstanding anything contained in this Ordinance, \r\nthe Federal Government shall not privatise any property except to the extent of its title, right, interest or \r\nshare in such property. \r\n \r\n35. Directions by Commission.—(1) Any enterprise or management which is approved by the \r\n2[Federal Government] as eligible for privatisation, shall— \r\n \r\n(a) carry out any directions issued by the Commission in writing; \r\n \r\n(b) keep up-to-date business records and books of account; \r\n \r\n \r\n \r\n \r\n1Subs., and omitted by Act No. XXII of 2024, ss.5-7 \r\n2Subs. by Act No. XVIII of 2026, s. 2. \r\n \r\n \r\nPage 18 of 20 \r\n \r\n \r\n(c) not perform any action that would result in the assets of the company or \r\nbusiness undertaking or property being lost or wasted; \r\n \r\n(d) not incur any liability other than in the ordinary course of business  without \r\nthe prior written approval of the Commission; \r\n \r\n(e) not give any person information other than in the ordinary course of business \r\nwhich might confer  any advantage  on that  person or  a potential buyer; and \r\nrefrain from taking any action which may cause industrial unrest. \r\n \r\n(2) The Commission shall after approval under sub -section (1) take all steps, including as to  \r\nchange of management necessary for initiating and completing the privatisation in accordance with  \r\nsound commercial principles and practices conducive to efficiency and economy. \r\n 36.  Information.—(1) The Commission may call for any information required by it for carrying \r\nout the purposes of this Ordinance from any person involved, directly or indirectly, in  privatisation \r\nactivities or any matter incidental or consequential thereto. Any such person shall be  liable to provide \r\nthe required information called b y the Commission, failing which he shall be liable  to a fine or  other \r\npenalty as prescribed from time to time. \r\n \r\n(2) The Commission shall submit to the Federal Government at such time and at such  intervals \r\nas the Federal Government may specify- \r\n \r\n(a) such periodical reports and summaries as may be required by the Federal \r\nGovernment; \r\n \r\n(b) such periodical returns, accounts, statements and statistics as may be \r\nrequired by the Federal Government; \r\n \r\n(c) information and comments asked for by the Federal Government on any \r\nspecific point; and \r\n \r\n(d) copies of the documents or original documents required by the Federal \r\nGovernment for examination or any other purpose. \r\n 37.  Annual Report.—(1) As soon as practicable but not later than six months after the end of  \r\neach financial year, the Commission shall prepare and publish an annual report concerning its activities \r\nduring the financial year and send a copy of the said report to the 1[Federal Government]. \r\n \r\n(2) The report referred to in sub-section (1) shall include— \r\n \r\n(a) activities of the Commission during the financial year; \r\n \r\n(b) an outline of the privatisation programme for the year ahead; \r\n \r\n(c) a short financial statement of the preceding year; \r\n \r\n(d) an audited balance sheet; \r\n \r\n(e) an audited statement of income and expenditure; and \r\n \r\n \r\n1Subs. by Act No. XVIII of 2026, s.2. \r\n \r\nPage 19 of 20 \r\n \r\n \r\n(f) any other matter which the 1[Federal Government]  may direct or the \r\nCommission may                    consider appropriate. \r\n \r\n 38. Information to Public.—(1) The Commission shall publicize its reports and shall keep them \r\nopen for information of the public during reasonable business hours. \r\n \r\n(2) Subject to regulations regarding confidentiality, the Commission’s reports shall include \r\nall relevant documents to be maintained and indexed, as the Commission deems fit. \r\n \r\n 39. Immunity of the Commission and its employees.—(1) The Chairman, Secretary, members, \r\nconsultants, officers, or other employees of the Commission shall make such declaration of fidelity and \r\nsecrecy as may be prescribed. \r\n(2) No sui t, prosecution or other legal proceedings shall lie against the Commission , the \r\nChairman, Secretary, members, consultants, officers or other employees of the Commission in respect \r\nof anything done or intended to be done in good faith under this Ordinance. \r\n \r\n 40. Rules.— The Commission may, with the approval of the Federal Government, by \r\nnotification in the official Gazette, make rules, not inconsistent with the provisions of this Ordinance,  \r\nfor exercising its powers and carrying out of its functions under this Ordinance. \r\n \r\n 41. Regulations.—(1) The Commission may, by notification in the official Gazette, make  \r\nregulations, not inconsistent with the provisions of this Ordinance or the rules, for exercising its powers \r\nand carrying out of its functions under this Ordinance. \r\n \r\n(2) Without prejudice to the foregoing power, such regulations may provide for appointment  \r\nof its officers, members of staff and such other persons and the terms and conditions of their service. \r\n42. Ordinance to override other laws. — The provisions of this Ordinance shall have effect  \r\nnotwithstanding anything inconsistent contained in any other law for the time being in force and any  \r\nsuch law, rule or regulation shall, to the extent of any inconsistenc y, cease to have effect from the date \r\nthis Ordinance comes into force. \r\n \r\n 43. Common seal.— The Commission shall have a common seal and such seal shall be kept in \r\nthe custody of the Chairman or such other person as may be authorized by the regulations made by  the \r\nCommission. Documents required or permitted to be executed under seal shall be specified in and  \r\nauthenticated in such manner as shall be authorized by regulations made by the Commission. \r\n \r\n 44. Exemption from taxes.— Notwithstanding anything contained in any other Federal law for \r\nthe time being in force, the Commission shall not be liable to pay, and shall be exempt from the payment \r\nof, any taxes, duties, levies, charges and fees payable under, or in pursuance to any Federal  law, in \r\nrespect of any of its business, assets, income, or wealth. \r\n \r\n 45. Liability of the Federal Government to be limited. — The liability of the Federal  \r\nGovernment under this Ordinance shall be limited to the extent of its assets in the Commission. \r\n \r\n 46. Support of the Federal Government. — The Federal Government and all its agencies,  \r\nparticularly the concerned enterprises owned and controlled wholly or partially, directly or indirectly by \r\nthe Federal Government, shall render support to the Commission to fulfill its objective and functions in \r\npursuance of this Ordinance. \r\n \r\n 1Subs. by Act No. XVIII of 2026, s.2. \r\n \r\n \r\nPage 20 of 20 \r\n \r\n47. Dissolution.— No provision of law relating to the winding up of the bodies corporate shall           \r\napply to the Commission, and the Commission shall not be wound up except by order of the Federal  \r\nGovernment, and in such manner as the Federal Government may direct. \r\n \r\n 48. Removal of Difficulties.— If any difficulty arises in giving effect to any provision of this   \r\nOrdinance, the Federal Government may make such order, not inconsistent with the provisions of  \r\nthis Ordinance, as may appear to it to be necessary for the purposes of removing the difficulty. \r\n1[SCHEDULE \r\n(See sub-section (1) of section 16) \r\n \r\n1. Badin I \r\n \r\n2. Badin II (revised) \r\n \r\n3. Dhurnal \r\n \r\n4. Ratana \r\n \r\n5. Adhi \r\n \r\n6. Turkwal] \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nRGN. Dated: 02-04-2026 \r\n \r\n1Ins. Ordinance No. CXVI of 2002, s.2.",
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