Microfinance Institutions Ordinance 2001

Microfinance Institutions Ordinance 2001

(LV of 2001)

(As amended up to 1st July 2007)

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 Microfinance Institutions Ordinance 2001

ORDINANCE NO. LV OF 2001

An Ordinance to regulate the establishment, business and operations of microfinance
institutions.

WHEREAS it is expedient to promote the establishment of microfinance institutions for

providing organizational, financial and infrastructural support to poor persons,
particularly poor women, for mitigating poverty and promoting social welfare and
economic justice through community building and social mobilization and to provide for
matters connected therewith or ancillary thereto;

AND WHEREAS it is essential to regulate microfinance institutions to protect the

depositors and customers and to safeguard these institutions against political and other
outside interference;

AND WHEREAS the President is satisfied that circumstances exist which render it
necessary to take immediate action;

NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth

day of October, 1999, and Provisional Constitution Order No.1 of 1999, read with the
Provisional Constitution (Amendment) Order No.9 of 1999, and in exercise of all powers
enabling him in that behalf, the President of the Islamic Republic of Pakistan is pleased to
make and promulgate the following Ordinance:

PART I – PRELIMINARY

1. Short title, extent and commencement

(1) This Ordinance may be called the Microfinance Institutions Ordinance, 2001.
(2) It extends to the whole of Pakistan.
(3) It shall come into force at once.

2. Definitions
In this Ordinance, unless there is anything repugnant in the subject or context,-
(a) “auditor” means any person who is appointed in accordance with the
provisions of this Ordinance for the audit of the accounts of a
microfinance institution;
(b) “Banking Companies Ordinance” means the Banking Companies
Ordinance, 1962 (LVII of 1962);
(c) “company” means a company incorporated under the Companies
Ordinance, 1984 ( XLVII of 1984), or any other law for the time
being in force;

(d) “customer” means any person or group of persons availing the services
of a microfinance institution;

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 Microfinance Institutions Ordinance 2001

(e) “deposit” means the deposit of money, repayable on demand or

otherwise, accepted by a microfinance institution from the public for
the purpose of providing microfinance services;
(f) “depositor” means a person in whose name a deposit is held by a
microfinance institution;
(g) “license” means the license issued by the State Bank and the
expression “licensed” should be construed accordingly;
(h) “member” means the member or shareholder who has contributed or
subscribed to the capital of a microfinance institution;
(i) 1“microfinance institution” means an institution, which extends micro
credit and allied services to the poor through sources other than public
savings and deposits;”;
(ia) 2“microfinance bank” means an institution licensed by State Bank
under this Ordinance to establish and operate as microfinance bank;
(j) “microfinance services” means the financial and other related services
specified in section 6, the value of which does not exceed such amount
as the State Bank may, from time to time, determine;
(k) “poor persons” means persons who have meager means of subsistence
and whose total income 3during a year is less than such minimum limit
as the State Bank may, from time to time, prescribe;
(l) “prescribed” means prescribed by rules 4and regulations made under
this Ordinance;
(m) “specified area” means the district, province or other specified area
within which a microfinance institution is licensed to operate; and
(n) “State Bank” means the State Bank of Pakistan established under the
State Bank Act, 1956 ( XXXIII of 1956).

3. Applications of other laws

1. The provisions of this Ordinance shall be in addition to, and, save as hereinafter
provided, not in derogation of, any other law for the time being in force.
2. Save as otherwise provided in this Ordinance, the Banking Companies Ordinance
and any other law for the time being in force relating to banking companies or
financial institutions shall not apply to microfinance institutions licensed under
this Ordinance and microfinance institution shall not be deemed to be a banking
company for the purposes of the said Ordinance, the State Bank of Pakistan Act,
1956 (XXXIII of 1956), or any other law for the time being in force relating to
banking companies.
1
Substituted clause i vide Finance Bill 2006, The Gazette of Pakistan, Extra, July 1, 2006, Part 1 page 253.
2
New sub-section inserted vide Finance Bill 2006. The Gazette of Pakistan, Extra, July 1, 2006 Part 1 page
253.
3
The words “during a year is less than such minimum limit as the State Bank may, from time to time,
prescribe” inserted vide Finance Bill 2006. The Gazette of Pakistan, Extra, July 1, 2006 Part 1 page 253.
4
The word “and regulations” inserted vide Finance Bill 2006. The Gazette of Pakistan, Extra, July 1, 2006
Part 1 page 254.

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 Microfinance Institutions Ordinance 2001

3. Save as expressly provided in this Ordinance, the provisions of this Ordinance

shall have effect notwithstanding anything contained in any rules, regulations,
memoranda or articles of association of a microfinance institution or in any
resolution passed by such institution in its general meeting or by its Board of
Directors, whether the same be applied, executed or passed before or after the
commencement of this Ordinance and any provision contained in any rules,
regulations, memoranda, articles or resolutions aforesaid shall, to the extent of its
inconsistency become or be void and of no legal effect.

PART II - ESTABLISHMENT AND WINDING UP

4. Restrictions on establishment and operations

1. No person, other than a company, shall be established as a microfinance
institution.
2. No microfinance institution shall commence, or carry on, the business of taking
deposits unless and until such institution has been licensed in accordance with the
provisions of this Ordinance.

5. 5Name
1. No person other than a licensed microfinance bank shall use with its name the
words “Microfinance Bank” or “MFB” or its derivatives or any words or letters
which convey that it is a microfinance bank.
2. Any person or company to whom license has not been granted under this
Ordinance or the license granted has been cancelled, contravenes, or attempts to
contravene or abets the contravention of sub-section (1), the chief executive by
whatever name called, a Director, a Manager and other officer of the company,
and the individual and every member of the association or body of individuals
shall be deemed to be guilty of such contravention and shall be punishable with
imprisonment for a term which may extend to three years or with fine which may
extend to one million rupees or with both.”.

6. Functions and powers

1. A microfinance institution shall, in accordance with prudential regulations and
subject to the terms and conditions of the license issued by the State bank, render
assistance to micro-enterprises and provide microfinance services in a sustainable
manner to poor persons, preferably poor women, with a view to alleviating
poverty.

2. Without prejudice to the generality of the foregoing provisions, the powers and
functions of microfinance institutions shall be:-

5
Substituted section 5 vide Finance Bill 2006, The Gazette of Pakistan, Extra, July 1, 2006, Part 1 page
254.

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a) to provide financing facilities, with or without collateral security, in cash

or in kind, for such terms and subject to such conditions as may be
prescribed, to poor persons for all types of economic activities including
housing, but excluding business in foreign exchange transactions, 6except
to receive remittances from abroad payable only in Pakistan Rupees to
beneficiaries in Pakistan subject to rules and regulations and authorization
issued by State Bank of Pakistan from time to time.
b) to accept deposits;
c) to accept pledges, mortgages, hypothecations or assignments to it of any
kind of movable or immovable property for the purpose of securing loans
and advances made by it;
d) to undertake the management, control and supervision of any
Organization, enterprise, scheme, trust fund or endowment fund for the
benefit and advancement of poor persons;
e) to buy, sell and supply on credit to poor persons industrial and agricultural
inputs, livestock, machinery and industrial raw materials, and to act as
agent for any Organization for the sale of such goods or livestock;
f) to invest in shares of any body corporate, the objective of which is to
provide microfinance services 7and technical, vocational, education,
business development and allied services to the poor and micro
enterprises;
g) to provide storage and safe custody facilities;
h) to carry out survey and research, and to issue publication and maintain
statistics relating to the improvement of economic condition of poor
persons;
i) to provide professional advice to poor persons regarding investments in
small business and such cottage industries as may be prescribed;
j) to encourage investments in such cottage industries and income generating
projects for poor persons as may be prescribed;
k) to provide services and facilities to customers to hedge various risks
relating to microfinance activities;
l) to render managerial, marketing, technical and administrative advice to
customers and assisting them in obtaining services in such fields;
m) to borrow and raise money and open bank accounts;
n) to purchase, take on lease, or otherwise acquire, sell, exchange, surrender,
lease, mortgage, dispose of and deal in any movable and immovable
property and rights of all kinds for and on behalf of its customers for the

6
The words and commas “except to receive remittances from abroad payable only in Pakistan Rupees to
beneficiaries in Pakistan subject to rules and regulations and authorization issued by State Bank of Pakistan
from time to time.” added vide Finance Act 2007. The Gazette of Pakistan, Extra, July 2, 2007 Part 1 page
507.
7
The words and commas “and technical, vocational, education, business development and allied services to
the poor and micro enterprises” inserted vide Finance Bill 2006. The Gazette of Pakistan, Extra, July 1,
2006 Part 1 page 254.

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purpose of promoting development opportunities, building of assets,

resource allocation, promotion of markets, and adoption of better
technology for economic growth and development;
o) to establish subsidiaries, whether wholly or partly owned, and to appoint
agents in various locations for various activities which it may consider
necessary for the proper discharge of its functions;
p) to pay, receive, collect and remit money and securities within the country;
q) to acquire, maintain and transfer all movable and immovable property
including residential premises, for carrying on its business;
r) to open account or make any agency arrangement with, and to act as agent
or correspondent of, any bank or financial institution;
s) to invest its surplus funds in Government 8and such other marketable
securities as State Bank may from time to time notify;
t) to impose and receive fees, charges, profits or return for its services;
u) to mobilize and provide financial and technical assistance and training to
micro enterprises;
v) to undertake mobile banking to expedite transactions and reduce costs;
w) to establish trust and endowment funds;
x) to receive grants from the government and any other sources permitted by
the State Bank; and
y) to generally do and perform all such acts, deeds and things as may be
necessary, incidental or conducive to the fulfillment of their functions and
the attainment of their objectives;

7. Prohibition and restrictions

1. A microfinance institution shall not undertake or transact any kind of business
other than that authorized by, or under, this Ordinance.
2. In performance of its functions under this Ordinance, a microfinance institution
shall have proper regard to the economic and commercial merits of any or the
transactions or activities it plans to undertake or assist.
3. Where a microfinance institution is required by any authority to undertake or
assist a micro enterprise or other such activities which it considers economically
or otherwise unsound, the microfinance institution shall not undertake or assist
such activity until and unless the said authority has provided adequate guarantee
to the microfinance institution or indemnify any losses that it may incur in the
undertaking of such activity.
4. No microfinance institution shall create a floating charge on the undertaking or
any of its assets or part thereof, unless the creation of such floating charge is
certified in writing by the State Bank as not being detrimental to the interest of the
depositors of such institution.
5. Any such charge created without obtaining the certificate of the State Bank shall
be invalid.
8
The words and commas “and such other marketable securities as State Bank may from time to time
notify” inserted vide Finance Bill 2006. The Gazette of Pakistan, Extra, July 1, 2006 Part 1 page 254

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 Microfinance Institutions Ordinance 2001

6. Any microfinance institution aggrieved by the refusal of a certificate under sub-

section (4) may, within thirty days from the date on which such refusal is
communicated to it, prefer an appeal to the Central Board of the State Bank
whose decision thereon shall be final.

8. Principal Office
1. The principal office of a microfinance institution shall be situated in the specified
area and shall not be changed without prior approval of the State Bank. The
microfinance institution may, with the approval of the State Bank, establish
branch offices at such other place, or places, in the specified area as it may think
fit.
2. A microfinance institution shall furnish to the State Bank an annual plan
indicating the place where new branches will be opened or the names of agents to
be appointed together with the details of their duties and functions.
3. A microfinance institution shall give at least thirty days’ advance notice to the
State Bank for opening of a new branch or appointment of an agent.
4. Unless otherwise advised by the State Bank, the opening of the new branch or
appointment of an agent shall be deemed to be licensed at the expiry of thirty days
of the notice given to the State Bank under sub-section (3).

9. Area of operation
A microfinance institution shall be licensed to operate in an area which may consist of,-
(a) a district;
9
(aa) a region comprising up to five adjacent districts within the same
Province or any other area wherein this Ordinance is applied with
necessary adaptations as the case may be;
(b) a province; or
(c) the whole of Pakistan.

10. Capitalization
1. 10Power to prescribe paid-up capital requirements for microfinance banks shall
vest in State Bank of Pakistan and no microfinance bank shall operate unless it
has a minimum paid-up capital as State Bank may, from time to time, prescribe.
The State Bank may prescribe different minimum paid-up capital requirements for
microfinance banks operating at district, regional, provincial, and national level.

Explanation

9
New clause inserted vide Finance Bill 2006. The Gazette of Pakistan, Extra, July 1, 2006 Part 1 page 254
10
Substituted section 10 vide Finance Act 2007, The Gazette of Pakistan, Extra, July 2, 2007, Part 1 page
508.

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For the purpose of this sub-section the expression “district” shall include the
Islamabad Capital Territory and such other territories as specified by the Federal
Government may, by notification in officer Gazette, specify.

2. Not less than fifty-one per cent of the paid up capital of a microfinance institution
shall be subscribed by the promoters or sponsor members and the shares
subscribed to by the promoters or sponsor members shall remain in the custody of
State Bank and shall neither be transferable nor encumbrance of any kind shall be
created thereon without prior permission, in writing, of the State Bank.

11. Winding up
The provisions’ of Banking Companies Ordinance for winding up of banking companies
shall, mutates mutandis, apply to microfinance institutions for the purpose of their
winding up.

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PART III – LICENSING

12. 11Existing microfinance institutions

1. Any person performing the functions of a non-deposit taking microfinance
institution may make an application to the State Bank on such forms
accompanying such information and fee, as may be prescribed, for issuance of a
license to set up microfinance bank and take deposits.
2. The State Bank may, on receipt of the application, make such enquiries as it
considers necessary and either grant a license as for a specified area as
permissible under this ordinance, subject to such conditions as the State Bank
may think fit to impose or for reasons to be recorded in writing, reject the
application for the license.
3. Before granting the license, the State Bank shall satisfy itself by an inspection of
the books of the microfinance institution, programme, project or otherwise, etc,
that-
(a) The micro finance institution, project or programme, etc., enjoys a good
financial health and is and will be in a position to meet its liabilities; and

(b) The affairs of the microfinance institution are not being, and are not likely
to be, conducted in a manner detrimental to the interests of its members
and present or future customers.
4. Where an application of a non-deposit taking microfinance institution for grant of
license to take deposits is rejected, the concerned microfinance institutions may
continue operations as a non- deposit taking micro finance institution.
5. If the State Bank rejects such an application for grant of licence to take deposits,
the applicant may, within thirty days from the date of the order of the State Bank,
prefer an appeal to the Central Board of the State Bank and the order passed by
the Central Board in this respect shall be final.”

13. 12Setting up new microfinance banks

1. Any person meeting the criteria, to be laid down by the State Bank, may apply for
a license to establish any category of microfinance banks as permissible under this
ordinance on such forms accompanying such information and fee as may be
prescribed from time to time by the State Bank.
2. The State Bank may, if satisfied with the capacity and character of the sponsors
and Board Members and the overall quality of the application, grant a license for
a specified area as permissible under this Ordinance subject to such conditions as
the State Bank may think fit to impose, or otherwise, for reasons to be recorded in
writing, reject the application for the licence”

11
Substituted section 12 vide Finance Bill 2006, The Gazette of Pakistan, Extra, July 1, 2006, Part 1 page
255.
12
Substituted section 13 vide Finance Bill 2006, The Gazette of Pakistan, Extra, July 1, 2006, Part 1 page
256.

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 Microfinance Institutions Ordinance 2001

13A. 13Suspension or cancellation of a licence

(1) The State Bank may suspend or cancel a license granted to a microfinance bank if
the microfinance bank.-

(a) at any time fails to comply with any of the conditions imposed upon it
under sub-section (2) of section 12 or sub-section (2) of section 13, as the
case may be;
(b) at any time fails to pay its liabilities or in the opinion of State bank of
Pakistan the affairs of the microfinance bank are conducted in a manner
detrimental to its depositors; or
(c) has furnished false or misleading information in its application for a
licence; or
(d) has gone into liquidation, suspended its business activities or ceased to
carry on business as microfinance bank in Pakistan:

Provided that before suspending or canceling a licence under clause (a) or

clause (b), the State Bank, unless it is of opinion that the delay may be prejudicial
to the interest of the micro finance bank’s depositors or the public, shall grant to
the micro finance bank on such terms as it may specify, an opportunity of taking
the necessary steps to comply with or fulfill such conditions.

(2) No license shall be suspended or cancelled under sub-section (1) unless and until
the microfinance bank is called upon by a notice in writing by the State Bank to
show cause within fifteen days as to why its licence should not be suspended or
cancelled.

(3) In the event of suspension or cancellation of a license the microfinance bank

concerned shall be notified forthwith and, from the date of such notification, shall
cease to transact any business other than that required to wind up its affairs with
the approval of the State Bank. The State Bank shall publish notice of such
suspension or cancellation in one leading Urdu language newspaper and one
English language newspaper in addition to its publication in the official Gazette.

(4) The provisions of sub-section (1) shall not prejudice the rights or claims of any
person against the micro finance bank or of the micro finance bank against any
person.

(5) A micro finance bank aggrieved by the decision of the State Bank for suspension
or cancellation of its licence may, within thirty days from the date on which such

13
New section 13A inserted vide Finance Bill 2006, The Gazette of Pakistan, Extra, July 1, 2006, Part 1
page 256.

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 Microfinance Institutions Ordinance 2001

decision is communicated to it, apply for review to the Central Board of the State
Bank.

(6) The decision of the State Bank, subject to the result of review by the Central
Board of the State Bank under sub-section (5) shall be final.”

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PART IV - REGULATION AND SUPERVISION

14. Management and administration

1. The general superintendence and management of the affairs of a microfinance
institution shall vest in its Board of Directors which shall manage its business and
affairs in accordance with the principles of good governance.
2. There shall be a chief executive officer who shall work full time and be
responsible for the day-to-day administration of microfinance institution.
3. The State Bank shall ensure that the persons serving on the Board of Directors
and the chief executive officer of a microfinance institution are persons of
integrity and have good financial reputation.

15. Accounts
1. A microfinance institution shall maintain proper books of accounts and, at the
expiration of each calendar year, prepare annual statement of accounts including
the profit and loss account and balance sheet as may be prescribed.

2. A microfinance institution shall, in respect of such accounts, comply with such

general directions as the State Bank may, from time to time, issue.

16. Audit
1. The accounts of a microfinance institution for each accounting year ending 31st
December shall be audited by one or more auditors who are chartered accountants
within the meaning of the Chartered Accountants Ordinance, 1961 ( X of 1961),
and whose names are included in the panel of approved auditors maintained by
the State Bank.
2. The auditor or auditors shall be appointed for such terms and on such
remuneration, to be paid by the microfinance institution, as the Board of Directors
of such institution may fix: Provided that the auditors once appointed shall not be
removed before three years without the prior approval of the State Bank and no
auditor shall serve as external auditor of a microfinance institution consecutively
for more than 14five years.
3. Every auditor, appointed under sub-section (2), shall be given a copy the annual
balance sheet and other accounts of the microfinance institution who shall
examine it, together with the accounts and vouchers relating thereto, and shall
have a list delivered to him of all books kept by the microfinance institution, and
shall, at all reasonable times, have access to the books of accounts and documents
of the microfinance institution, and may, in relation to such accounts, examine
any director or officer of the microfinance institution.
4. The auditors shall report to the Board of Directors of the microfinance institution
upon the annual accounts and balance sheet and in their report they shall state
whether, in their opinion, the balance sheet contains all necessary particulars and
14
Substituted the word “three” for “five” vide Finance Bill 2006, The Gazette of Pakistan, Extra, July 1,
2006, Part 1 page 257.

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 Microfinance Institutions Ordinance 2001

is properly drawn up so as to exhibit a true and correct view of the state of affairs
of the microfinance institution and, in case they have called for any explanation or
information from the microfinance institution, whether it has been given and
whether it is satisfactory.
5. The audited financial statements shall be published within three months of close
of its financial year and microfinance institution shall cause its accounts to be
published in a daily newspaper having wide circulation in the specified area.

6. A microfinance institution shall submit audited financial statements along with

auditors’ report to the State Bank within three months of the close of its financial
year;
15
“Provided that in exceptional circumstances the State Bank may, for the reasons
to be recorded, extend such period up to a period of another one month.”

7. Nothing in this Ordinance shall apply to the preparation of accounts by a

microfinance institution and its audit in respect of any accounting year which has
expired prior to the commencement of this Ordinance, and notwithstanding the
other provision of this Ordinance such accounts shall be prepared, audited and
submitted in accordance with the law in force immediately before such
commencement.

17. Returns
1. A microfinance institution shall furnish to the State Bank such returns, reports and
information as may be prescribed.
2. Without limitation to the foregoing, a microfinance institution shall,-
a) maintain a register of its members, Board of Directors and the chief
executive officer and provide information thereof to the State Bank at such
time and in such manner as may be prescribed;
b) maintain accounts and have the same audited at such time and in such
manner as may be prescribed;
c) submit its annual report and audited accounts to the State Bank and
publish the same for general information at such time and in such manner
as may be prescribed; and
d) furnish to the State Bank such particulars with regard to accounts and
other records as the State Bank may from time to time require.
3. The State Bank, or any officer duly authorized by it in this behalf, may at all
reasonable times inspect the books of account and other records of a microfinance
institution, the securities, cash and other properties held by such institution, and
all documents relating thereto.

15
Inserted vide Finance Bill 2006, The Gazette of Pakistan, Extra, July 1, 2006, Part 1 page 258.

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18. Liquidity and reserves

1. A microfinance institution shall maintain investment in liquid assets, i.e. cash,
gold and unencumbered approved securities, valued at a price not exceeding the
lower of the cost and the current market price, which shall not at the close of
business on any day be less than such percentage of the total of its time and
demand liabilities, as may be notified by the State bank from time to time:
Provided that the State Bank may separately specify the applicable percentage
either in general or in relation to any class of microfinance institution in
particular.

Explanation
a) For the purpose of this section, the expression “unencumbered approved
securities” shall include approved securities of a microfinance institution
lodged with another microfinance institution or institution for an advance
or any other credit management to the extent to which such securities have
not been drawn against or availed of, and the expression “liabilities”
shall not include the paid up capital or reserves or any credit balance in
the profit and loss account of the microfinance institution or any such
liabilities as may be notified by the State Bank for the purposes of this
section.
b) 16In computing the amount provided for in clause (a) any balances
maintained in Pakistan by a microfinance institution in a current account
with the State Bank or its agent or both, shall be deemed to be cash
maintained.
17
c) The State Bank shall monitor the liquidity position through such
returns and systems as may be prescribed by it from time to time.
18
2 A microfinance bank shall maintain by way of cash reserve in cash in current
account, opened with the State Bank or its agent, a sum equivalent to five per cent
of its deposits or such percentage as State Bank may from time to time notify. The
State Bank shall monitor the reserve position through such returns and systems as
may be prescribed by it from time to time.”
Explanation
For the purpose of this section the expression “liabilities” shall not include the
paid up capital, the reserves or any credit balance in the profit and loss account
of a microfinance institution, the amount of any loan taken from the State Bank
and the amount received as loan in Pakistan currency by a microfinance
institution from the Federal Government out of a foreign currency loan
contracted by the Government or the amount of foreign currency loans obtained
by the microfinance institution directly from any foreign agency but should
include the amount of any other rupee loan taken from the Federal Government.

16
Amended vide Finance Bill 2006, The Gazette of Pakistan, Extra, July 1, 2006, Part 1 page 258.
17
Substituted vide Finance Bill 2006, The Gazette of Pakistan, Extra, July 1, 2006, Part 1 page 258.
18
Substituted vide Finance Bill 2006, The Gazette of Pakistan, Extra, July 1, 2006, Part 1 page 258.

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 Microfinance Institutions Ordinance 2001

3 A microfinance institution shall create and maintain a Statutory Reserve Fund to

which shall be credited each year, a sum equivalent to such percentage of its after
tax profit as may be prescribed. No appropriation from the Statutory Reserve
Fund shall be made without prior written approval of The State Bank. A
microfinance institution shall also create other reserves as required by the State
Bank from time to time.

19. Depositors’ protection fund

1. A microfinance institution shall, as required by the State Bank, establish and
maintain depositors’ protection fund or scheme for the purpose of providing
security or guarantee to persons depositing money in such institution.
2. Five per cent of the annual after tax profits of a microfinance institution and
profits earned on the investments of the fund shall be credited to the depositors’
protection fund and such fund shall either be invested in Government securities or
deposited with State Bank in a remunerative account.
3. The depositors’ protection fund shall be used to make payment to the individual
depositors with aggregate deposits of up to ten thousand rupees in case of
liquidation of the microfinance institution.
4. The depositors’ protection fund shall be operative with effect from the expiry of
five years from the date of first Annual Balance Sheet of the microfinance
institution and shall remain unencumbered at all times.

20. Power to call for information

Where it appears to the State Bank that a person is carrying on the business of a
microfinance institution in contravention of section 4, the State Bank may:
a) direct such person or any other person who is, or has at any time, been
dealing, doing business or associating in any manner with such person, to
give or furnish to the State Bank within a specified period such books,
accounts, information, documents or records relating to such
microfinance institution’s business as may be within the custody,
possession or control of such person;
b) authorize any person to enter and search any premises and seize books,
accounts or other documents or records relating to such business;
c) inspect and examine any of the books, accounts, documents or records
referred to in clause (a); and
d) exercise as far as may be applicable the powers conferred on the State
Bank under section 22.

21. Inspection and investigation

1. The State Bank may, at any time, inspect books of accounts and records of any
microfinance institution to evaluate its financial viability and may, of its own or
on receipt of complaint investigate the affairs of such institution.
2. The inspection or investigation shall be carried out by such officer of the State
Bank or by such other person as the State Bank may authorize.

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 Microfinance Institutions Ordinance 2001

3. It shall be the duty of every officer and employee of a microfinance institution or

any other person dealing with or connected with the operations of the
microfinance institution to produce to any officer, making an inspection or
investigation under this section, hereafter in this section called the inspecting
officer, all such books, accounts and other documents in his custody or power and
to furnish him with such statements and information relating to the affairs of the
microfinance institution within such time as the inspecting officer may require.
4. The inspecting officer may examine on oath any officer or employee of the
microfinance institution in relation to its business and may administer an oath
accordingly.

5. The State Bank shall supply to the microfinance institution a copy of its report on
the inspection made under this section.
6. The State Bank shall systematically monitor and evaluate the performance of a
microfinance institution to ensure that it is complying with the applicable criteria
and prudential rules and regulations:

Provided that if any officer or any employee fails to produce any books of account
or other documents or to furnish any statement or information which under sub-
section (3) it is his duty to produce or furnish or to answer correctly any question
relating to the business of the microfinance institution which he is asked by an
inspecting officer, such officer or employee shall be liable to fine as the State
Bank may determine to be recovered from the salary of such officer or employee
and, in the event such failure persists, the State Bank may order removal of such
officer or employee and the microfinance institution shall comply with such order
forthwith.

22. Powers to give directions

1. Where the State Bank is satisfied that,
a) in the public interest; or
b) to prevent the affairs of a microfinance institution being conducted in a
manner detrimental to the interest of the depositors or in a manner
prejudicial to the interest of a microfinance institution; or
c) in furtherance of monetary or financial sector policy; or
d) to secure the proper management of a microfinance institution, it is
necessary to issue directions to microfinance institutions generally or to
any microfinance institution in particular, it may, from time to time, issue
such directions as it may deem fit and the microfinance institutions or the
microfinance institution, as the case may be, shall comply with such
directions.
2. The State Bank may, on representation made to it or of its own motion, modify or
cancel any direction issued under sub-section (1), and in so modifying or
canceling any direction may impose such condition, as it thinks fit, subject to
which the modification or cancellation shall have effect.

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 Microfinance Institutions Ordinance 2001

22A. 19Power of the State Bank to remove Directors or other managerial persons
from offices.-
1) Where the State Bank is satisfied that -
a. association of any chairman or director or chief executive by whatever
name called or other officer of a microfinance bank not being lower in
rank than a branch manager, is or is likely to be detrimental to the interests
of the microfinance bank or its depositors or is otherwise undesirable; or
b. in the public interest; or
c. to prevent the affairs of a microfinance bank being conducted in a manner
detrimental to the interest of its depositors or in a manner prejudicial to the
interests of the microfinance bank ;or
d. to secure the proper management of any microfinance bank, it is
necessary so to do; the State Bank may, for reasons to be recorded in
writing, by order, remove from office, with effect from such date as may
be specified in the order, any chairman or director or chief executive
officer by whatever name called or other officer of the microfinance bank.

2) No order under sub-section (1) shall be made unless the chairman or director or
chief executive or other officer has been given a reasonable opportunity of
making a representation to the State Bank against the proposed order:
Provided that if, in the opinion of the State Bank, any delay shall be detrimental
to the public interest or the interest of the microfinance bank or its depositors, the
State Bank may, at the time of giving the opportunity aforesaid or at any time
thereafter and pending the consideration of the representation aforesaid, if any, by
order direct that-
a) the chairman or, as the case may be, director chief executive officer or
other officer, shall not, with effect from the date of the order,- —
i) act as such chairman or director or chief executive or other officer of
the microfinance bank; or
ii) in any way, whether directly or indirectly, be concerned with, or take
part in the management of the micro finance bank; and
b) any person authorized by the State Bank in this behalf shall act as such
chairman or director or chief executive of the microfinance bank
3) Where any order under sub-section (1) is made in respect of a chairman, director,
chief executive or other officer of a microfinance bank, he shall forthwith cease to
be a Chairman or, as the case may be, a director chief executive officer or other
officer of the microfinance bank and shall not in any way, whether directly or
indirectly, be concerned with, or take part in, the management of the microfinance

19
New section inserted vide Finance Bill 2006, The Gazette of Pakistan, Extra, July 1, 2006, Part 1 page
258.

17
 Microfinance Institutions Ordinance 2001

bank or any other microfinance bank for such period not exceeding three years as
may be specified in the order.
4) Any person appointed as chairman director or chief executive officer under sub-
section (2) shall-
(a) hold office during the pleasure of the State Bank subject to such
conditions as may be specified in the order of his appointment and,
subject thereto, for such period, not exceeding three years as the
State Bank specify in such order; and
(b) not incur any obligation or liability for anything, which is done or
intended to be done in his capacity as such chairman, director or
chief executive.
5) No person removed from office under sub-section (1) shall be entitled to claim
any compensation for the loss or termination of office.
22B. 20Power of the State Bank to supersede Board of Directors of microfinance
banks.
1) Where the State Bank is satisfied that-–
(a) the association of the Board of Directors, by whatever name called,
of a microfinance bank, is or is likely to be detrimental to the
interests of the microfinance bank or its depositors or otherwise
undesirable; or
(b) for all or any of the reasons mentioned in sub-section (1) of section
22A, it is necessary so to do,
the State Bank may, for reasons to be recorded in writing, by order,
supersede the Board of Directors of a microfinance bank with effect from
such date and for such period as may be specified in the order.
2) The period of supersession specified in an order under sub-section (1) may from
time to time be extended by the State Bank and the total period of supersession
shall in no case exceed three years.
3) All orders and duties of the Board of Directors shall, during the period of
supersession, be exercised and performed by such persons as the State Bank may
from time to time appoint in this behalf.
4) The provisions of sub-sections (2), (3), (4), and (5) of section 22A shall, , apply to
an order made under sub-section (1) or sub-section (3).

20
New section inserted vide Finance Bill 2006, The Gazette of Pakistan, Extra, July 1, 2006, Part 1 page
260.

18
 Microfinance Institutions Ordinance 2001

22C: 21Limitations
1) No order under section 22A or section 22B- shall be made except by the Governor
of the State Bank on a report by a standing committee set up by the State Bank for
the purpose.
(2) Any person or micro finance bank aggrieved by an order made by the Governor of
the State Bank under section 22A or section 22B may make an appeal to the
Central Board of Directors of the State Bank whose decision shall be final.
(3) No action taken under section 22A or section 22B or sub-section (2) shall be
called in question by or before any court, tribunal or other authority.”
22
22D. Prosecution of directors, chief executive officers or other officers.-
Notwithstanding anything contained in section 22A the State Bank may direct
prosecution of a director or chief executive officer by whatever name called or
other officer who, in its opinion, has knowingly acted in the manner causing loss
of depositors’ money or of the income of the microfinance bank.”

Explanation:- For the purpose of this section a director chief executive officer or
other officer shall be deemed to have acted knowingly if he has departed from
established banking practices and procedures or circumvented the regulations or
related restrictions laid down by the State Bank of Pakistan from time to time.

PART V – MISCELLANEOUS

23. Penalties
1. Whoever carries on the business of a microfinance institution without having been
licensed to do so or who carries on such business after the license therefore has
been suspended or cancelled shall be punished with imprisonment for a term
which shall not be less than five years.
2. Any person who willfully withholds or fails to deliver any document or
information or makes a statement in any return, balance sheet or other document
or in any information required or furnished under, or for the purpose of any
provision of, this Ordinance which to the knowledge of such person is false in any
material respect, shall be punishable with imprisonment for a term which may
extend to one year, or with fine which may extend to one hundred thousand
rupees, or with both.
3. Any person who contravenes any other provision of this Ordinance or does not
comply with any requirement of this Ordinance or any rule, regulation, order,
instruction, condition made, given or imposed hereunder shall be liable to such
fine as the State Bank may, from time to time determine.

21
New section inserted vide Finance Bill 2006, The Gazette of Pakistan, Extra, July 1, 2006, Part 1 page
261.
22
New section inserted vide Finance Bill 2006, The Gazette of Pakistan, Extra, July 1, 2006, Part 1 page
261.

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 Microfinance Institutions Ordinance 2001

4. If any officer of a microfinance institution, mismanages the affairs of the

microfinance institution or misuses his position for gaining direct or indirect
benefit for himself or any of his family members, he shall be punishable with
imprisonment for a term which may extend to three years and shall also be liable
to fine which may extend to one hundred thousand rupees, and shall be ordered,
by the court trying the case, to deliver or refund within a time to be fixed by the
court any property acquired or gained by him in his own name or in the name of
his family members by using his position or, in default, to suffer further
imprisonment for a term which may extend to six years.
5. A microfinance institution, which fails to maintain liquid assets and reserves in
accordance with the provisions of this Ordinance, shall be punished with a fine
equivalent to one per cent of the shortfall for every day in which the failure
occurs.

24. Continuance of charge and priority

Where a charge over any property has been, or is, created by any person in favour
of a microfinance institution to secure any of the services extended by the
microfinance institution to such person, such charge shall continue to remain valid
and shall maintain its priority in favour of the microfinance institution against all
charges created by such person in favour of any other person subsequent to the
original date of registration of such charge.

25. Restrictions on removal of records and documents

No microfinance institution shall remove from the specified area, to a place
outside the specified area, any of its records and documents relating to its business
without the prior permission in writing of the State Bank.

Explanation
In this section the expression “records” includes ledgers, day books, cash books,
books of accounts, and all other books, maintained either on paper books or on
electronic or magnetic devices, used in the business of a microfinance institution;
and the expression “document” includes vouchers, cheques, bills, pay orders,
securities for advances and any other documents supporting entries in the books
of accounts, or claims by or against, a microfinance institution.

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 Microfinance Institutions Ordinance 2001

26. Non-disclosure of information

1. Except as otherwise required under this Ordinance, no information or data
provided by a person, applying to the microfinance institution for financial
assistance or any other service, shall be disclosed or used by any officer or
employee of the microfinance institution for any purpose other than the purpose
for which it was intended.
2. Whoever contravenes any of the provisions of sub-section (1) shall be guilty of an
offence punishable with imprisonment for a term which may extend to six months
or with fine which may extend to one hundred thousand rupees, or with both.

26A. 23Declaration of fidelity and secrecy.-

1. Every member, director, auditor and staff member of the microfinance bank shall,
before entering upon his office and performance of duties, make a declaration of
fidelity and secrecy in the form as State Bank may prescribe.
2. Whoever contravenes the declaration of fidelity and secrecy shall be punishable
with imprisonment for a term which may extend to six months, or with fine which
may extend to one hundred thousand rupees, or up to the extent of loss caused,
whichever is higher, or with both.”

27. False information

Whoever in any application for obtaining assistance or in any balance sheet,
statement of profit and loss, declaration or any other document submitted to the
microfinance institution for the purpose of obtaining any financial aid sought or
granted under this Ordinance, willfully makes false statement or knowingly
permits any false statement to be made or to remain, or uses or permits to be used
any financial facility for any purpose other than that for which it is granted by the
microfinance institution shall be punishable with imprisonment for a term which
may extend to six months, or with fine which may extend to one hundred
thousand rupees, or with both.

28. Cognizance of offences

1. No court shall take cognizance of an offence under this Ordinance except on
complaint in writing made by an officer of the State Bank authorized in this
behalf.
2. Notwithstanding anything in the Code of Criminal Procedure, 1898 (Act V of
1898),-
a) no court other than that of a Judicial Magistrate of the first class shall try
an offence under this Ordinance; and
b) it shall be lawful for the Judicial Magistrate to pass any sentence
authorized by this Ordinance.

23
New section inserted vide Finance Bill 2006, The Gazette of Pakistan, Extra, July 1, 2006, Part 1 page
262.

21
 Microfinance Institutions Ordinance 2001

29. Indemnity
No suit or other legal proceeding shall lie against the Federal Government, the
State Bank or any officer of the Federal Government or the State Bank for
anything which is in good faith done, or intended to be done, under this Ordinance
or of any rules, regulations or orders made there under.

30. 24Power to make rules

The State Bank may, with the approval of the Federal Government, by
notification in; the official Gazette, make rules for carrying out the purposes and
provisions of this Ordinance.

31. Power to make regulations

The State Bank may make regulations, not inconsistent with the provisions of this
Ordinance and the rules, to provide for all matters for which provision is
necessary or expedient for the purpose of giving effect to the provisions of this
Ordinance and efficient conduct of the affairs of a microfinance institution.

32. Removal of difficulties

1. Subject to sub-section (2), if any difficulty arises in giving effect to any of the
provisions of this Ordinance, the Federal Government may make such order, not
inconsistent with the provisions of this Ordinance, as may appear to it to be
necessary for the purpose of removing the difficulty.
2. No order under sub-section (1) shall be made after expiry of two years from the
commencement of this Ordinance.

24
Sub-section 2 deleted vide Finance Bill 2006, The Gazette of Pakistan, Extra, July 1, 2006, Part 1 page
262.

22