or agaiust the Federation in respect of a matter which, immediately before the commencing day, was the responsibility of the Federa- tion and has, under the Constitution. become the respons! bility of a Province, shall be brought by or against the pro- vince concerned ; and if any such legal proceedings were pending in any court immediately before the commencing jay then, in Lhose proceedings, for the Federation the Pro- orce concerned shall, as from that day, be deemed to have (2) Any legal proceedings which, but for the Consti- ution, could have been brought by or against a Province in respect of a matter which, immediately before the com- mencing day, was the responsibility of the Province and nas under the Constitution become the responsibility of the Federation, shall be brought by or against the Federation ; ‘and if any such legal proceedings were pending in any court immediately before the commencing day then, in those proceedings, for the Province the Federation shall, as from that day, be deemed to have been substituted. 250.—(1) Within two years from the commencing day, provision shall be made by law for determining the salaries, allowances and privileges of the President, the Speaker and Deputy Speaker and a member of the National Assembly or a Provincial Assembly, the Chairman and Deputy Chair- man and a member of the Senate, the Prime Minister, a Federal Minister, a Minister of State, a Governor, a Chief Minister, a Provincial Minister and the Chief Election Com- missioner.


Senate, the Prime Minister, a Federal Minister, a Minister of State, a Governor, a Chief Minister, a Provincial Minister and the Chief Election Com- missioner. (2) Until other provision is made by law,— (a) the salaries, allowances and privileges of the President, the Speaker or Deputy Speaker or a member of the National Assembly or a Pro- vincial Assembly, a Federal Minister, a Minister of State, a Governor, a Chief Minister, a Pro- vincial Minister and the Chief Election Com- missioner shall be the same as the salaries, allowances and privileges to which the Presi- dent, the Speaker or Deputy Speaker or mem- ber of' the National Assembly of Pakistan or a Provincial Assembly, a Federal Minister, a Minister of State, a Governor, a Chief Minister, Salaries, allow ances, etc., of the President, etc, 332 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 ip wail! ART | National lancuage, a Provincial Minister or, as the case may be Chief Election Commissioner was entitleq’ the mediately before the commencing day; ang mm. (6) the salaries, allowances and privileges of th Chairman, the Deputy Chairman, the Prime Minister and a member of the Senate Shall be such as the President may by Order determine (3) The salary, allowances and privileges of g Person holding office as— (a) the President; (6) the Chairman or Deputy Chairman : (c) the Speaker or Deputy Speaker of the National Assembly or a Provincial Assembly ; ; (z2) a Governor; (e) the Chief Election Commissioner ; or

The Constitution of the Islamic Republic of Pakistan 1973


the Speaker or Deputy Speaker of the National Assembly or a Provincial Assembly ; ; (z2) a Governor; (e) the Chief Election Commissioner ; or (f) the Auditor-General ; shall not be varied to his disadvantage during his term of office. | (4) At any time when the Chairman or Speaker is acting as President, he shall be entitled to the same salary, allowances and privileges as a President but shall not exercise any of the functions of the office of Chairman or Speaker or a member of Parliament or be entitled to salary, allowances or privileges as Chairman, Speaker or such a member. . 251.—(1) The National language of Pakistan is Urdu, and arrangements shall be made for its being used for official and other purposes within fifteen years from the commencing day. (2) Subject to clause (1), the English language may be used for official purposes until arrangements are made for its replacement by Urdu. PART J] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 333 — (3) Without prejudice to the status of the national nguage, 2 Provincial Assembly may by law prescribe eeegures for the teaching, promotion and use of a provin- sjal language in addition to the national language. 952.—(1) Notwithstanding anything contained in the Constitution or In any law, the President may, by public notification, direct that, for a period not exceeding three ‘months from a specified date, a specified law, whether a Federal law or a Provincial law, shall not apply to a


period not exceeding three ‘months from a specified date, a specified law, whether a Federal law or a Provincial law, shall not apply to a speci- ged major port or major aerodrome, or shall apply to a specified major port or major aerodrome subject to specified ‘exceptions or modifications. (2) The giving of a direction under this Article in rela- tion to any law shall not affect the operation of the law prior to the date specified in the direction. 253.—(1) Parliament may by law— (a) prescribe the maximum limits as to property or any class thereof which may be owned, held, possessed or controlled by any person; and (b) declare that any trade, business, industry or service specified in such law shall be carried on or owned, to the exclusion, complete or par- tial, of other persons, by the Federal Govern- ment or a Provincial Government, or by a Cor- poration controlled by any such Government. (2). Any law which permits a person to own beneficially Or possess beneficially an area of land greater than that Which, immediately before the commencing day, he could have | : ) j shall be ino ened beneficially or possessed beneficially Special pro- visions in re- lation to major ports and aero- dromes. Maximum limits ag to property, etc. 334 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr Failure to com- ply with re- quirement as to time does not ender an act invalid. Oath of office. Private armies forbidden. Provision rela-


[Parr Failure to com- ply with re- quirement as to time does not ender an act invalid. Oath of office. Private armies forbidden. Provision rela- ting to the State of Jammu and Kashmir. Government of territories out- side Provinces. Awards. = 254. When any act or thing is required by the Con. stitution to be done within a particular period and it js Not done within that period, the doing of the act or thing shal] not be invalid or otherwise ineffective by reason only that it was not done within that period. 255.—(1) An oath required to be made by a Person under the Constitution shall be made in a language that is understood by that person. (2) Where, under the Constitution, an oath is required to be made before a specified person and, for any reason it is impracticable for the oath to be made before that person, it may be made before such other person as may be nominated by that person. (3) ‘Where, under the Constitution, a person is requir- ed to make an oath before he enters upon an Office, he shall be deemed to have entered upon the office on the day on which he makes the oath. 256. No private organisation capable of functioning as a military organisation shall be formed, and any such organisation shall be illegal. 257. When the people of the State of Jammu and Kashmir decide to accede to Pakistan, the relationship between Pakistan and that State shall be


257. When the people of the State of Jammu and Kashmir decide to accede to Pakistan, the relationship between Pakistan and that State shall be determined in accordance with the wishes of the people of that State. 258. Subject to the Constitution, until Parliament by . law otherwise provides, the President may, by order, make provision for peace and good government of any part of Pakistan not forming part of a Province. _ 259. (1) No citizen shall accept any title, honour of decoration from any foreign State except with the approval of the Federal Government. part I] THE GAZETTE OF PAKISTAN, EXTRA. APRIL 1 ——_ 2, 1973 335 (2) No title, honour or decoration shall be conferred py the Federal Government or any Provincial Government on any citizen, but the President May award decorations in recognition of gallantry or academic distinction, as provided by Federal law. (3) All titles, honours and decorations awarded to citizens by any authority in Pakistan before the commenc- ing day otherwise than in recognition of gallantry or acade- mic distinction shall stand annulled. CHAPTER 5.—INTBRPRRETATION 260.— (1) In the Constitution, unless the context other- pefinitions. wise requires, the following expressions have the meaning hereby respectively assigned to them, that is to say,— “ Act of Parliament ” means an Act passed by Parlia- ment or the National Assembly and assented to, or deemed to have been assented to, by the President ; . “ Act of Provincial Assembly ” means an Act passed by


assented to, or deemed to have been assented to, by the President ; . “ Act of Provincial Assembly ” means an Act passed by the Provincial Assembly of a Province and assented to, or deemed to have been assented to, by the Governor; “ agricultural income ” means agricultural income as defined for the purposes of the law relating to income-tax ; “ Article” means Article of the Constitution ; “borrow ” includes the raising of money by the grant of annuities, and “loans” shall be construed accordingly ; 330 THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 [Pane y ——— “ Chairman ” means the Chairman of the Senate and except in Article 49, includes a person ACting as Chairman of the Senate ; ‘citizen ’ means a citizen of Pakistan as defined by law ; “clause” means clause of the Article in which it OCCUTS ; “ corporation tax” means any tax on income that js payable by companies and in respect of which the following conditions apply :— (a) the tax is not chargeable in respect of agri- cultural income ; (5) no deduction in respect of the tax paid by companies is, by any law which may apply to the tax, authorised to be made from dividends payable by the companies to individuals ; (c) no provision exists for taking the tax so paid into account in computing for the purposes of income-tax the total income of individual receiving such dividends, or in computing the


the tax so paid into account in computing for the purposes of income-tax the total income of individual receiving such dividends, or in computing the income-tax payable by, or refundable to, such individuals : “debt” includes any Hability in respect of any obligation to repay capital sums by way of annuities and any liability under any guarantee, a “debt charges” shall be construed accord- ingly ; “estate duty ” means a duty assessed on, or by reference to, the value of property passing upon death ; part J] —— THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12 1973 337 “ existing law” has the same meaning as in clay of Article 268 ; et) “ Federal law” means a law made by or under the authority of Parliament; “financial year” means a year coinmencing on the first day of July; “ goods” includes all materials, commodities and articles ; “ Governor” means the Governor of a Province and includes any person for the time being acting as the Governor of a Province; “guarantee” includes any obligation undertaken before the commencing day to make payments in the event of the profits of an undertaking falling short of a specified amount; “House” means the Senate or the National Assembly ; “joint sitting’ means a joint sitting of the two Houses ; “Judge” in relation to the Supreme Court or a High Court, includes the Chief Justice of the Court and also includes— (a) in relation to the Supreme Court, a person who is


or a High Court, includes the Chief Justice of the Court and also includes— (a) in relation to the Supreme Court, a person who is acting as a Judge of the Court; and (6) in relation to the High Court, a person who is an Additional Judge of the Court: “members of the Armed Forces” does not include Persons who are not, for the time being, subject to any law relating to the members of the Armed Forces ; 338 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr ] ———_ > ~ “net proceeds” means, in relation to any tax or duty, the proceeds thereof, reduced by the cost of collection, as ascertained and certified by the Auditor-General ; “oath ” includes affirmation ; “Part”? means Part of the Constitution ; “pension” means a pension, whether contributory or not, of any kind whatsoever payable to, or in respect of, any person and includes retired pay so payable, a gratuity so payable, and any : sum or sums so payable by way of the return, with or without interest thereon or any addition thereto, of subscriptions to a provident fund; “ person ” includes any body politic or corporate ; ‘President’ means the President of Pakistan and includes a person for the time being acting as, or performing the functions of, the President of Pakistan and, as respects anything required to be done under the Constitution before the commenc- ing day, the President under the Interim Con- stitution of the


and, as respects anything required to be done under the Constitution before the commenc- ing day, the President under the Interim Con- stitution of the Islamic Republic of Pakistan ; “ property ” includes any right, title or interest in property, movable or immovable, and any means and instruments of production ; _“ Provincial law” means a law made by or under the authority of the Provincial Assembly ; “Temuneration” includes salary and pension; ‘ Schedule ” means Schedule to the Constitution ; “ security of Pakistan” includes the safety, welfare, stability and integrity of Pakistan and of each part of Pakistan, but shall not include public safety as such; part] THE GAZETTE OF PAKISTAN, EXTRA, APRIL 12, 1973 a en 339 — «service of Pakistan” means any service, post or office in connection with the affairs of the Federation or of a Province, and includes an All- Pakistan Service, service in the Armed Forces and any other service declared to be a service of Pakistan by or under Act of Parliament or of a Provincial Assembly, but does not include service as Speaker, Deputy Speaker, Chairman, Deputy Chairman, Prime Minister, Federal Minister, Minister of State, Chief Minister, Provincial Minister or member of a House or a Provincial Assembly ; “Speaker” means the Speaker of the National Assembly or a Provincial Assembly, and includes any person acting as the Speaker of the Assembly ; , “taxation” includes the imposition of any tax or duty, whether general, local or special, and


person acting as the Speaker of the Assembly ; , “taxation” includes the imposition of any tax or duty, whether general, local or special, and “tax ’’ shall be construed accordingly ; “tax on income” includes a tax in the nature of an excess profits tax or a business profits tax. ee _ (2) In the Constitution “Act of Parliament” or Federal law” or “ Act of Provincial Assembly ” or “ Pro- vincial law” shall include an Ordinance promulgated by the President or, as the case may be, a Governor. 261. For the purposes of the Constitution, a person Person acting in 7 0 acts in an office shall not be regarded as the successor office not to 0 the person who held that office before him or as the pre- be regarded as “cessor to the person who holds that office after him. ~ successor to pre- vious occupant ef office, etc. 349 THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 [Parr } —=== ——— ; the Constitution, periods Gregorian calen- 262. For the purposes of 1, of dar - be used. time shall be reckoned according to the Gregorian calenday 263. In the Constitution,— Gender and number: (a) words importing the masculine gender shall be taken to include females; and (b) words in the singular shall include the plural, and words in the plural shall include the singular. Effect of repeal 264. Where a law is repealed, or is deemed to have of laws. been repealed, by,


the plural shall include the singular. Effect of repeal 264. Where a law is repealed, or is deemed to have of laws. been repealed, by, under, or by virtue of the Constitution, the repeal shall not, except as otherwise provided in the Constitution,— (a) revive anything not in force or existing at the time at which the repeal takes effect ; (b) affect the previous operation of the law or any- thing duly done or suffered under the law; (c) affect any right, privilege, obligation or liability acquired, accrued or incurred under the law ; (d) affect any penalty, forfeiture or punishment % incurred in respect of any offence committed against the law; or (e) affect any investigation, legal proceeding oF remedy in respect of any such right, privilege obligation, liability, penalty, forfeiture 0! punishment ; and any such investigation, legal proceeding or remed} may be instituted, continued or enforced, and any sucl penalty, forfeiture or punishment may be imposed, as if th law had not been repealed. once THE GAZETTE OF PAKISTAN, EXTRA, APRIL 12 1973 ———ororr _ CHAPTER 6.—TITLE, COMMENCEMENT AND REPRAL 34] 265. —(1) This Constitution shall be known as the Cons- 7: . ution of the Islamic Republic of Pakistan. the eat (2) Subject to clauses (3) and (4), the Constitution shall 7 ™™nce™e™- come into force on the fourteenth day of August, one thousand nine hundred and seventy-three or on such earlier day as the President may. by notification in the official Gazette, appoint, in


of August, one thousand nine hundred and seventy-three or on such earlier day as the President may. by notification in the official Gazette, appoint, in the Constitution referred to as the . “commencing day ”. (3) The Constitution shall. to the extent necessary— tit (a) for the constitution of the first Senate ; ’ (b) for the first meeting of a House or a joint sitting to be held ; .(c) for the election of the President and the Prime Minister to be held; and (dz). to enable any other thing to be done which, for the purposes of the Constitution, it is necessary to do before the commencing day, * ~ come into force upon the enactment of the Constitution, but the person elected as President or Prime Minister shall not enter upon his office before the commencing day. (4) Where by the Constitution a power is conferred to make rules or to issue orders with respect to the enforcement of any provision thereof, or with respect to the establishment of any court or office, or the appointment of any Judge or officer thereunder, or with respect to the person by whom, or the time when, or the place where, or the manner in which, anything is to be done under any such provision, then that power may be exercised at any time between the ‘nactment of the Constitution and its commencement. 266. The Interim Constitution of the Islamic Republic Repeal, of Pakistan, together with the Acts and President’s


the ‘nactment of the Constitution and its commencement. 266. The Interim Constitution of the Islamic Republic Repeal, of Pakistan, together with the Acts and President’s Orders making omissions from, additions to, modifications of, or amendments in, that Constitution is hereby repealed. 342 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr } —__>pap>!(=E]=—]EL eee = —==. Power of Presi- dent to remove difficulties. Continuance in force, and ad- aptation of, certain laws. CHAPTER 7.—TRANSITIONAL 267.—(1) At any time before the commencing day o, before the expiration of three months from the COMMENCing day, the President may, for the purpose of removing any difficulties, or for bringing the provisions of the Constity. tion into effective operation, by Order, direct that the provisions of the Constitution shall, during such period aig may be specified in the Order, have effect, subject to such adaptations, whether by way of modification, addition or omission, as he may deem to be necessary or expedient. (2) An Order made under clause (1) shall be laid beforg both Houses without undue delay, and shall remaip in force until a resolution disapproving it is passed by each House or, in case of disagreement between the two Houses, until such resolution is passed at a joint sitting, 268.—(1) Except as provided by this Article, all existing laws shall, subject to the Constitution, continue in force, so far as applicable and with the necessary adaptations, until altered, repealed or amended by the appropriate Legislature. (2) The laws specified in the Sixth


so far as applicable and with the necessary adaptations, until altered, repealed or amended by the appropriate Legislature. (2) The laws specified in the Sixth Schedule shall not be altered, repealed or amended without the previous sanction of the President. (3) For the purpose of bringing the provisions of any existing law into accord with the provisions of the Cons- titution (other than Part IT of the Constitution), the Presi- dent may by Order, within a period of two years from the commencing day, make such adaptations, whether by way of modification addition or omission, as he may deem to be necessary or expedient, and any such Order may be made #0 as to have effect from such day, not being a day earlier than the commencing day, as may be specified in the Order. part J] THE GAZETTE OF PAKISTAN, = — EXTRA., APRIL 12, 1973 343 —_—_—_—— — SSS (4) The President may authorise province to exercise, in relation to the P conferred on the President by clause (3 relating fo matters with respect to w Assembly has power to make laws. the Governor of a Tovince, the powers ) in respect of laws hich the Provincial (5) The powers exercisab] shall be subject to the provision Legislature. € under clauses (3) and (4) S of an Act of the appropriate (6) Any court, tribunal or authority required or em- powered to enforce an existing law shall, notwithstanding that no adaptations have been made in such law by


court, tribunal or authority required or em- powered to enforce an existing law shall, notwithstanding that no adaptations have been made in such law by an Order made under clause (3) or clause (4), construe the law with all such adaptations as are necessary to bring it into accord with the provisions of the Constitution. (7) In this Article, “ existing laws” means all laws (including Ordinances, Orders-in-Council, Orders, rules, bye- laws, regulations and Letters Patent constituting a High Court, and any notifications and other legal instruments hav- ing the force of law) in force in Pakistan or any part thereof, or having extra-territorial validity, immediately before the commencing day. Explanation —tIn this Article, “in force”, in relation to any law, means having effect as law whether or not the law has been brought into operation. _ 269.—(1) All Proclamations, President’s Orders, Mar- Validation of al Law Regulations, Martial Law Orders and all other laws, acts, etc. laws made between the twentieth day of December, one Ousand nine hundred and seventy-one and the twentieth ay of April, one thousand nine hundred and seventy-two (both days inclusive), are hereby declared, notwithstanding any judgment of any court, to have been validly made by Competent authority and shall not be called in question in any court on any ground whatsoever. 324 THE GAZETTE OF PAKISTAN. EXTRA., APRIL 12, 1973 [Pary ] Temporary validation of certain laws, etc, a (2) All orders made, proceedings taken and acts e by any authority, or by any


1973 [Pary ] Temporary validation of certain laws, etc, a (2) All orders made, proceedings taken and acts e by any authority, or by any person, which were Made taken or done, or purported to have been made, taken op done, between the twentieth day of December, one thousang nine hundred and seventy-one, and the twentieth day 9 April. one thousand nine hundred and seventy-two (both days inclusive), in exercise of the powers derived from any President’s Orders, Martial Law Regulations. Martial Law Orders, enactments, notifications, rules, orders or bye-laws or in execution of any orders made or sentences passeq by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding any judgment of any court, be deemed to be and always to have been validly made. taken or done and shall not be called ip question in any court on any ground whatsoever. (3) No suit or other legal proceedings shall lie in any court against any authority or any person for or on account of or in respect of any order made, proceedings taken or act done whether in the exercise or purported exercise of the powers referred to in clause (2) or in execution of or in compliance with orders made or sentences passed in exercise or purported exercise of such powers. 270.—(1) Parliament may by law made in the manner prescribed for legislation for a matter in Part I of the Federal Legislative List validate all Proclamations, Presi- dent’s Orders, Martial Law


in the manner prescribed for legislation for a matter in Part I of the Federal Legislative List validate all Proclamations, Presi- dent’s Orders, Martial Law Regulations, Martial Law Orders and other laws made between the twenty-fifth Gay of March, one thousand nine hundred and sixty-nine, and the nineteenth day of December. one thousand nine hundred and seventy-one (both days inclusive). (2) Notwithstanding a judgment of any court, a law made by Parliament under clause (1) shall not be questioned Im any court on any ground, whatsoever. (3) Notwithstanding the provisions of clause (1), anda judgment of any court to the contrary. for a period of two years from the commencing day, the validity of all such part I] ———— THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12 1973 345 instruments as are referred to in clause (1) shall not pe called in question before any court on any ground what- soevel. (4) All orders made, proceedings taken, and acts done by any authority, or any person, which were made, taken or done, or purported to have been made, taken or done, between the twenty-fifth day of March, one thousand nine hundred and sixty-nine, and nineteenth day of December, one thousand nine hundred and seventy-one (both days _jnclusive), in exercise of powers derived from any Presi- dent’s Orders, Martial Law Regulations, Martial Law Orders, enactments, notifications, rules, orders or bye-laws, or in execution of any order made or sentence passed by . any authority in the exercise or purported exercise of power


orders or bye-laws, or in execution of any order made or sentence passed by . any authority in the exercise or purported exercise of power as aforesaid shall, notwithstanding any judgment of any court, be deemed to be and always to have been validly made, taken or done, so however that any such order, proceeding or act may be declared invalid by Parliament at any time within a period of two years from the commencing day by resolution of both Houses, or in case of disagree- ment between the two Houses, by such resolution passed at a joint sitting and shall not be called in question before any court on any ground, whatsoever. 271.—(1) Notwithstanding anything contained in the Constitution, but subject to Article 64 and Article 223,— (a) (b) the first National Assembly shall consist of persons who have taken oath in the National Assembly of Pakistan existing immediately before the commencing day and unless sooner dissolved, shall continue till the fourteenth day First National Assembly. of August, one thousand nine hundred and ~ seventy-seven, and reference to “total member- ship ” of the National Assembly in the Constitu- tion shall be construed accordingly ; and the qualifications and disqualifications for being elected and being a member of the first National Assembly shall, except in case of _ 346 THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 ; [Parr } ——_—. First Senate, eC members filling casual vacancies after the com. mencing day, be the same as under the


APRIL 12, 1973 ; [Parr } ——_—. First Senate, eC members filling casual vacancies after the com. mencing day, be the same as under the Intwrim Constitution of the Islamic Republic of Pakistan : . Provided that no person holding an office of profit ip the service of Pakistan shall continue to be a member of the first National Assembly after the expiration of three months from the commencing day. (2) If a person referred to in paragraph (a) of clause . (1) is, immediately before the commencing day, also a mem- ber of a Provincial Assembly, he shall not take a seat in the National Assembly or the Provincial Assembly until he resigns one of his seats. (3) A casual vacancy in a seat in the first National Assembly, including a vacancy in a seat in the National Assembly of Pakistan existing before the commencing day which was not filled before that day, caused by reason of death or resignation of a member or consequent upon his incurring a disqualification or ceasing to be a member as a result of the final decision of an election petition may be filled in the same manner in which it would have been filled before the commencing day. (4) A person referred to in paragraph (a) of clause (1) shall not sit or vote in the National Assembly until he has made the oath prescribed by Article 65 and, if, without the leave of the Speaker of the National Assembly granted on


Assembly until he has made the oath prescribed by Article 65 and, if, without the leave of the Speaker of the National Assembly granted on reasonable cause shown, he fails to make the oath within. twenty-one days from the day of the first meeting of the Assembly, his seat shall become vacant at the expiration of that period. 272. —(1) Notwithstanding anything contained in the Constitution, but subject to Article 223,— (a) the Senate shall. util the first National Assembly under the Constitution continues in existence, PART I] —=— (b) (c) (d) (e) (f) (g) ==. besos THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 347 ——————— — —_—_—_— consist of forty-five members and the isi of Article 59 shall have effect as if, in pardaranh (a) of clause (1) thereof, for the word “ fourteen ” the word “ten”, and in paragraph (b) of that clause for the word “five” the word « three ” were substituted, and reference to “ total mem- bership ” of the Senate in the Constitution shall be construed accordingly ; the members elected or chosen as members of the Senate shall be divided into two groups by drawing of lots, the first group consisting of five members from each Province, two members from the Federally Administered Tribal Areas and one member from the Federal Capital and the second group consisting of five members from each Province, one member from the said Areas and one member from the Federal Capital ; the term of


group consisting of five members from each Province, one member from the said Areas and one member from the Federal Capital ; the term of office of members of the first group and of the second group shall respectively be two years and four years; the term of office of persons elected or chosen to succeed the members of the Senate at the expiration of their respective terms shall be four years , the term of office of a person elected or chosen to fill a casual vacancy shall be the unexpired term of the member whose vacancy he is elected or chosen to fill; as soon as the first general election to the National Assembly is held, there shall be elected to the Senate four additional members from each Province and two additional members from the Federally Administered Tribal Areas; and the term of office of such half of the members elected under paragraph (f) as may be determin- ed by drawing of lots shall be the unexpired term of office of the members of the first group —— 348 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 ; [Parr } _= Pn and the term of office of the other half shal) be the unexpired term of the members of the Second group. First Provincial 273.—(1) Notwithstanding anything contained in th, Assembly, Constitution, but subject to Article 64 and Article 223 — (a) the first Assembly of a Province under the Constitution shall consist of the members of


but subject to Article 64 and Article 223 — (a) the first Assembly of a Province under the Constitution shall consist of the members of the Assembly of that Province in existence immediately before the commencing day ang unless sooner dissolved, shall, continue until the fourteenth day of August, one thousand nine hundred and seventy-seven, and reference to “total membership” of the Assembly of 4 Province in the Constitution shall be construe¢ accordingly; and | (b) the qualifications and disqualifications for mem- bership of the first Assembly of a Province shall, except in case of members filling casual vacancies after the commencing day, be the same as were provided in the Interim Constitution of the Islamic Republic of Pakistan : Provided that no person holding an office of profit in the service of Pakistan shall continue to be a member of the Assembly after the expiration of three months from the com- mencing day. _ (2) A casual vacancy in a seat in the first Assembly of a Province, including a vacancy in a seat in the Assembly of that Province in existence immediately before the commenc- ing day which was not filled before that day, caused by reason of death or resignation of a member or consequent upon his incurring a disqualification or ceasing to be a member as a result of the final decision of an election petition may be filled in the same manner in which it would have been filled before the commencing day. (3) A


decision of an election petition may be filled in the same manner in which it would have been filled before the commencing day. (3) A member referred to in paragraph (a) of clause (1) shall not sit or vote in the Provincial Assembly until he has part 1] a THE GAZETTE OF PAKISTAN, EXTRA, APRIL 12, 1973 349 e the oath prescribed by Article 65 read With Article 12 ma if, without leave of the Speaker of the Provincial anted on reasonable cause shown, he fails to ake the oath within twenty-one days from the day of the first meeting of the Provincial Assembly, his seat shall hecome vacant at the expiration of that period. 774.—(1) All property and assets which, immediatel pefore the commencing day, were vested in the President or the Federal Government shall, as from that day. vest in the Federal Government unless they were used for — purposes which, on that day, became purposes of the Government of a Province, in which case they shall, as from that day, vest in the Government of the Province. ‘ (2) All property and assets which, immediately before the commencing day, were vested in the Government of a Province, shall, as from that day, continue to be vested in the Government of that Province, unless they were used for purposes, which on that day, became purposes of the Federal Government in which case they shall, as from that day, vest in the Federal Government. (3) All rights, liabilities and


became purposes of the Federal Government in which case they shall, as from that day, vest in the Federal Government. (3) All rights, liabilities and obligations of the Federal Government or of the Government of a Province. whether arising out. of contract or otherwise, shall as from the commencing day, continue to be respectively the rights, liabilities and obligations of the Federal Government or of the Government of the Province, except that— (a) (b) all rights, liabilities and obligations relating to any matter which, immediately before that day, - was the responsibility of the Federal Govern- ment, but which under the Constitution. has become the responsibility of the Government of a Province. shall devolve upon the Government of that Province; and © all rights, liabilities and obligations relating to any matter which, immediately before that day, was the responsibility of the Government of a Province, but which under the Constitution, has become the responsibility of the Federal Govern- y Vesting of pro- perty, assets, rights, liabilities and obligations. 350 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 (Parr } Continuance in office of persons in service of Pakistan, etc. a —_— ment, shall devolve upon the Federal Govern. ment. 275.—(1) Subject to the Constitution and until law j, made under Article 240 any person who, immediately before the commencing day, was in the service of Pakistan shall, as from that day, continue in the service of Pakistan on the same terms and conditions as were applicable to him under the


Pakistan shall, as from that day, continue in the service of Pakistan on the same terms and conditions as were applicable to him under the Interim Constitution of the Islamic Republic of Pakistan immediately before that day. (2) Clause (1) shall also apply in relation to a person’ holding office immediately before the commencing day as— (a) Chief Justice of Pakistan or other Judge of the Supreme Court, or Chief Justice or other Judge of a High Court ; ‘ (b) Governor of a Province; (c) Chief Minister of a Province; (dq) Speaker or Deputy Speaker of the National Assembly or a Provincial Assembly ; (e) Chief Election Commissioner ; (f/ Attorney-General for Pakistan or Advocate- Gerenal for a Province ; (eg) Auditor-General of Pakistan. (3) Notwithstanding anything contained in the Constitu- tion, for a period of six months from the commencing day, a Federal Minister or a Minister of State or the Chief Minister of a Province or a Provincial Minister may be a person who is not a member of Parliament or, as the case may be, the Provincial Assembly of that Province; and such Chief Minister and Provincial Minister shall have the right to speak and otherwise take part in the proceedings of the Provincial Assembly or any committee thereof of which he may be named a member, but shall not by virtue of this clause be entitled to vote. _ (4) Any person who, under this Article, is continued in an office in respect of which


virtue of this clause be entitled to vote. _ (4) Any person who, under this Article, is continued in an office in respect of which a form of oath is set out in the Third Schedule shall, as soon as is practicable after the commencing day, make before the appropriate person oath in that form. part J] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12. 1973 351 = — (5) Subject to the Constitution and law— (a) all civil, criminal and revenue courts exercisin jurisdiction and functions immediately before the commencing day shall, as from that day continue to exercise their respective jurisdictions and functions ; and (b) all authorities and all officers (whether judicial, executive, revenue or ministerial) throughout Pakistan exercising functions immediately before the commencing day shall, as from that day, continue to exercise their respective functions. 776. Notwithstanding anything contained in the Cons- Oath of first titution, the first President may, in the absence of the Chief President. Justice of Pakistan, make the oath referred to in Article 42 before the Speaker of the National Assembly. 277,—(1) The schedule of authorized expenditure Transitional authenticated by the President for the financial year ending financial pro- on the thirtieth day of June, one thousand nine hundred ‘*!°" and-seventy-four, shall continue to remain a valid authority for expenditure from the Federal Consolidated Fund for that year. (2) The President may, in respect of expenditure of the Federal Government for any financial year preceding the financial year commencing on the first day


(2) The President may, in respect of expenditure of the Federal Government for any financial year preceding the financial year commencing on the first day of July, one thousand nine hundred and seventy-three (being expenditure in excess of the authorized expenditure for that year), autho- tize the withdrawal of moneys from the Federal Consoli- dated Fund. (3) The provisions of clauses (1) and (2) shall apply to and in relation to a Province, and for that purpose— (a) any reference in those provisions to the President shall be read as a reference to the Governor of the Province ; 352 THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 [Parr ] Accounts not audited before commencing day. Continuance of taxes. Continuance of Proclamation of Emergency. —=— —=: —— (b) any reference in those provisions to the Federa] Government shall be read as a reference to the Government of the Province; and (c) any reference in those provisions to the Federa| Consolidated Fund shall be read as a reference to the Provincial Consolidated Fund of the Province. 278. The Auditor-General shall perform the same functions and exercise the same powers in relation to accounts which have not been completed or audited before the commencing day as, by virtue of the Constitution, he is empowered to perform or exercise in relation to other accounts, and Article 171 shall, with the necessary modifi- ‘ cations, apply accordingly. ; 279, Notwithstanding anything contained in the Cons- titution, all taxes and fees levied under any law


with the necessary modifi- ‘ cations, apply accordingly. ; 279, Notwithstanding anything contained in the Cons- titution, all taxes and fees levied under any law in force immediately before the commencing day shall continue to be levied until they are varied or abolished by Act of the appropriate Legislature. 280. The Proclamation of Emergency issued on the twenty-third day of November, one thousand nine hundred and seventy-one, shall be deemed to: be a Proclamation of Emergency issued under Article 232, and for the purposes of clause (7) and clause (8) thereof to have been issued on the commencing day, and any law, rule or order made or purporting to have been made in pursuance of that Procla- mation shall be deemed to have been validly made. part Il THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 353 ————— FIRST SCHEDULE LArticle 8 (3) (b)] Laws exemipied from operation of Article 8 (1) and (2) I. PRESIDENT’S ORDERS 1, The Minerals (Acquisition and Transfer) Order, 1961 (P.O. No. 8 of 1961). 2. The Acceding State (Property) Order, 1961 (P.O. No. 12 of 1961). 3. The Economic Reforms Order, 1972 (P.O. No. 1 of 1972). 4. The Companies (Managing Agency and Election of Directors) Order, 1972 (P.O. No. 2 of 1972). 5. The Co-operative Societies (Reforms) Order, 1972 (P.O. No. 9 of 1972). 6. The Life Insurance (Nationalisation) Order, 1972 (P.O. No. 10 of 1972). 7. The Martial Law (Pending Proceedings) Order, 1972 (P.O. No. 14 of 1972). 8. The Rulers of


(Nationalisation) Order, 1972 (P.O. No. 10 of 1972). 7. The Martial Law (Pending Proceedings) Order, 1972 (P.O. No. 14 of 1972). 8. The Rulers of Acceding States (Abolition of Privy Purses and Privileges) Order, 1972 (P.O. No. 15 of 1972). . 9. The Industrial Sanctions and Licences (Cancella- tion) Order, 1972 (P.O. No. 16 of 1972). 10. The Criminal Law Amendment (Special Court) Order, 1972 (P.O. No. 20 of 1972). II. REGULATIONS 1956" Rawalpindi (Requisition of Property) Regulation, 354 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [PART ] —_ ne, a 2. The Pakistan Capital Regulation, 1960. 3. The Scrutiny of Claims (Evacuee Property) Regula. lion, 1961. 4. The Income Tax (Correction of Returns and False Declaration) Regulation, 1969. 5. The Improper Acquisition of Property Regulation, 1969. 6. The Removal from Service (Special Provisions) Regulation, 1969. 7. The Living Beyond Ostensible Means (Punishment) Regulation, 1969. 8. The Government Agricultural Land (Recovery of Mlegal Possession) Regulation, 1969. 9. The Enemy Property (Payment of Money Due to enemy) Regulation, 1970. 10. The Withdrawal of Currency Notes (High Deno- mination) Regulation, 1971. ll. The Price of Evacuee Property and Public Due; (Recovery) Regulation, 1971. 12. The Peshawar District and Tribal Areas (Settlement of Disputes) Regulation, 1971. 13. The Convention Muslim League and Awami League (Scrutiny of Funds) Regulation, 1971. ft THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 355 14. The Foreign Exchange Repatriation Regulation, 1972. | 15. The Foreign Assets (Declaration) Regulation, 1972. 16. The Removal front Civil Service (Special Pro-


1973 355 14. The Foreign Exchange Repatriation Regulation, 1972. | 15. The Foreign Assets (Declaration) Regulation, 1972. 16. The Removal front Civil Service (Special Pro- visions) Regulation, 1972. 17. The Land Reforms Regulation, 1972. 18. The Removal from Service (Review Petition) Regulation, 1972. 19. The Land Reforms (Baluchistan Pat Feeder Canal) Regulation, 1972. 20. The Privately Managed Schools and Colleges (Taking Over) Regulation, 1972. 21. The Enemy Property (Revocation of Sales) Regu- lation, 1972. 22. The Dir and Swat (Devolution and Distribution of Property) Regulation, 1972. 23. The Dir and Swat (Settlement of Disputes of Im- movable Property) Regulation, 1972. 24. The West Pakistan Industrial Development Cor- Pen (Revocation of Sale or Transfer) Regulation, 25. The Economic Reforms (Protection of Industries) Regulation, 1972. .) 356 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 —-- - (Par; a aw 26. Lhe National Press Trust (Suspension of Board of Trustees and Directors) Regulation, 1972. 27. The Co-operative Banks (Repayment of Loans) (Punjabd) Regulation, 1972. 28. The Co-operative Societies (Repayment of Loans) (sind) Regulation, 1972. Ifi. ORDINANCES PROMULGATED BY THE PRESIDENT 1. The Control of Shipping Ordinance, 1959 (XLII of 1959). 2. The Jammu and Kashmir (Administration of Property) Ordinance, 1961 (II of 1961). 3. The Muslim Family Laws Ordinance, 1961 (VII of 1961). 4. The Security of Pakistan (Amendment) Ordinance: 1961 (XIV of 1961). 5. The Associated Press of Pakistan (Taking Over) Ordinance, 1961 (XX of 1961). 6. The Trade Organisations Ordinance, 1961 (XLV of 1961). — cee ise IV. FEDERAL Act


Press of Pakistan (Taking Over) Ordinance, 1961 (XX of 1961). 6. The Trade Organisations Ordinance, 1961 (XLV of 1961). — cee ise IV. FEDERAL Act The Censorship of Films Act, 1963 (XVIII of 1963). YV. ORDINANCES PROMULGATED BY THE GOVERNOR OF FORMER PROVINCB OF WEST PAKISTAN 1. The West Pakistan Government Educational and Training Institutions Ordinance, 1960 (W.P. Ordinance No. XI of 1960). THE GAZETTE OF PAKISTAN, EX’RA., APRIL 12, 1973 357 _—— PART if] 2. The West Pakistan Wakf Properties Ordinanc 1961 (W.P. Ordinance No. XXVIII of 1961). es Ordinance, 3, The Societies Registration (West Pakistan Amend- ment) Ordinance, 1962 (W.P. Ordinance No. IX nd- 1962). 4. The West Pakistan Industries (Control on Establish- ment and Enlargement) Ordinance, 1963 (W.P. Ordinance No. IV of 1963). VI. ORDINANCES PROMULGATED BY THB GOVERNOR OF THE NORTH-WEST FRONTIER PROVINCE 1. The North-West Frontier Province Govern- ment Educational and Training Institutions Ordi- nance, 1971 (N-W.F.P. Ordinance No. III of 1971). 2. The North-West Frontier Province Chashma Right Bank Canal Project (Control and Prevention of Specula- tion in Land) Ordinance, 1971 (N.W.F.P. Ordinance No. V of 1971). 3. The North-West Frontier Province Gomal Zam Project (Control and Prevention of Speculation in Land) Ordinance, 1971 (N.W.F.P. Ordinance No. VII of 71). 358 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr | . _ SS SECOND SCHEDULE [Article 41 (3)] Election of President l. The Chief Election Commissioner (hereinafter re. ferred to as the Commissioner) shall hold and conduct election to the office of President


Election of President l. The Chief Election Commissioner (hereinafter re. ferred to as the Commissioner) shall hold and conduct election to the office of President and shall be the Re. turning Officer for the selection. 2. The Commissioner shall, by notification in the official Gazette, fix— (a) the date, time and place for nomination. of , candidates, and for scrutiny of nomination papers; (6) the final date for withdrawal of candidature : and (c) the date, time and place for taking of poll. 3. At any time before noon on the day fixed for nomi- nation, any member of either House may nominate for clection as President a person qualified for election as Presi- dent by delivering to the Commissioner, or in his absence to the Secretary to the Election Commission, a nomination paper signed by himself as proposer and another member of either House as seconder, together with a statement signed by the person nominated that he consents to the nomination; provided that no person shall subscribe, whether as proposer or seconder, more than one nomina- tion paper at any one election, and if any person subscribes more than one nomination paper, whether as proposer or as seconder, all the nomination papers so subscribed shall be invalid. 4. Scrutiny of nomination papers shall be conducted by the Commissioner at the place and time and on the date fixed for the purpose. part I] 359 ————SS——=== 5. Each candidate, or his authorised : , : agent, entitled to attend the


on the date fixed for the purpose. part I] 359 ————SS——=== 5. Each candidate, or his authorised : , : agent, entitled to attend the proceedings for Scotty of none nation papers and to raise objections in respect of nomi- nation papers of other candidates. THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 6. A candidate whose nomination found to be in order may withdraw his candifature at on time before noon on the last day fixed for the purpose b delivering a notice in writing under his hand to the Com. missioner, or in his absence to the Secretary to the Election Commission, at the place where the nomination paper was received. 7. If all but one of the candidates have withdrawn, that one shall be declared by the Commissioner to be elected. 8. If no validly nominated candidate remains in the field after withdrawals have taken place, all the pro- ceedings in relation to the election shall commence afresh. 9, If a validly nominated candidate who has not with- drawn his candidature dies before the commencement of the poll, the Commissioner shall countermand the poll and all proceedings in relation to the election shall commence in all respects as if for a new election : Provided that no fresh nomination shall be necessary in the case of a person whose nomination was valid at the time of the countermanding of the poll : Provided further that no person who had withdrawn his candidature before the countermanding of the


at the time of the countermanding of the poll : Provided further that no person who had withdrawn his candidature before the countermanding of the poh shall be ineligible for being nominated as a candidate for the election after such countermanding. 10. If there is no withdrawal, or if, after withdrawals have taken place, two or more candidates are left in the 360 [PART. ] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 ———————_==_ ——— == ee field, the Commissioner shall, by public notification, announce’ forthwith the names of the candidates as validly nominated candidates and shall proceed to hold a poll in accordance with the provisions of the succeeding paragraphs of this Schedule. —————— 11. On the request of the Commissioner, the Speaker shall suramon Parliament to meet in a joint sittmmg at the place and time and on the date fixed for the purpose of taking of poll. 12. The Commissioner shall appoint a Presiding Officer to conduct the poll. 13. The poll shall be by secret ballot. 14. The Commissioner shall furnish the Presiding Officer with a complete list of members of both Houses (each such member being hereinafter referred to as “ voter’) entitled to vote at the poll. 15. The ballot papers, with their counterfoils, shall be bound in the form of a book. Serial numbers shall appear only on the counterfoils. Ballot papers so bound shall be sent to the Presiding Officer. 16. Every ballot paper shall bear the names of all the vaudly


the counterfoils. Ballot papers so bound shall be sent to the Presiding Officer. 16. Every ballot paper shall bear the names of all the vaudly nominated candidates in alphabetical order. A ballot paper, authenticated by the initials of the Presiding Officer, shall be issued by the Presiding Officer to a voter upon due identification and the name of the voter to whom the ballot paper is issued shall be noted on the counterfoil. The voter shall exercise his vote by lacing a cross-mark against. the name of the candidate or whom he wishes: to vote. 17, The ballot paper having been marked by the voter shall be inserted by that voter in a ballot box placed in front of the Presiding Officer. 5 os TBE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 —_— ———_— 18. If a ballot paper is spoiled by a voter, bh return it to the Presiding Officer who shall issue 40 ie voter a second ballot paper afier cancelling the first paper and marking the cancellation at the appropriate counter- fou. 19. A ballot paper shall be invalid if — (i) there appears on it any writing or mark which the voter may be identified > or ~~" (ii) it does not bear the initials of the Presidi Officer ; or e Presiding (iii) it does not contain a cross-mark against the name of any candidate ; or (iv) a cross-mark is placed against the names of two or more candidates; or (vy) there is any


the name of any candidate ; or (iv) a cross-mark is placed against the names of two or more candidates; or (vy) there is any uncertainty as to the candidate against whose name the cross-mark is placed. 20. After the close of the poll, the Presiding Officer shall, in the presence of such of the candidates or their authorised agents as may desire to be present, open and empty the ballot box, count the number of votes recorded for each candidate and transmit the ballot papers, together with a covering note giving the count of ballot papers, to the Commissioner. 21. The Commissioner shall, in the presence of such of the candidates or their authorised agents as may desire to be present, examine the ballot papers, rejecting any which are invalid, and count the number of votes recorded for each candidate. 22. If there are only two candidates, the candidate who has secured the larger number of votes shall be declared by the Commissioner to be elected. 362 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, i973 [Part [ ee 23. If there are three or more candidates and one of them has secured a larger number of votes than the ageregate number of votes secured by the rest of the candidates, he shall be declared by the Commissioner to be elected. , 24. If there are three or more candidates and no candidate has secured the number of votes specified in the last preceding paragraph, a fresh poll shall be


are three or more candidates and no candidate has secured the number of votes specified in the last preceding paragraph, a fresh poll shall be held in accordance with the preceding provisions of this Schedule, at which the candidate who secured the smallest number of votes at the last poll shall be eliminated, and the process shall be repeated until one candidate secures more votes than the remaining candidate or the aggregate votes of the remaining candidates. 25. When determined, the result of election shall forthwith be reported by the Commissioner to the Federal Government who shall forthwith cause it to be notified in the official Gazette. 26. The Commissioner with the approval of the President may, by notification in the official Gazette, make rules for carrying out the purposes of this Schedule. eat rT THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 363 a THIRD SCHEDULE Oaths of Offfice PRESIDENT [ Article 42] ts s 3 108 \* l— -————~, do solemnly swear that Iam a Muslim and believe in the Unity and Oneness of Almi Allah, the Books of Allah, the Holy Quran being the last of them, the Prophethood of Muhammad (peace be upon him) as the last of the Prophets and that there can be no Prophet after him, the Day of Judgment, and all the requirements and teachings of the Holy Quran and Sunnah : That I will bear true faith and allegiance to Pakistan : That, as President of Pakistan, I will discharge my


Holy Quran and Sunnah : That I will bear true faith and allegiance to Pakistan : That, as President of Pakistan, I will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully in accordance with the Con- stitution of the Islamic Republic of Pakistan and the law, and always in the interest of the sovereignty, in- tegrity, solidarity, well-being and prosperity of Pakistan : That I will strive to preserve the Islamic Ideology which is the basis for the creation cf Pakistan : That I will not allow my personal interest to influence _ my official conduct or my official decisions : That I will preserve, protect and defend the Con- stitution of the islamic Republic of Pakistan ; That, in all circumstances, 1 will do right to all manner of people, according to law. without fear or favour, affection or ill-will: 364 f THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 [ary ==. at | will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known 0. Me as President of Pakistan, except as may be required for the due discharge of my duties as President. PrimMs MINISTER [ Article 91 (4)]1 sy a Dy 23 I, , do solemnly swear that I ama Muslim and believe in the Unity and Oneness of Almighty Allah, the Books of Allah, the Holy Quran being the last of them, the Prophethood of


and believe in the Unity and Oneness of Almighty Allah, the Books of Allah, the Holy Quran being the last of them, the Prophethood of Muhammad (peace be upon him) as the last of the Prophets and that there can be no Prophet after him, the Day of Judgment, and all the requirements-and teachings of the Holy Quran and Sunnah : That I will bear true faith and allegiance to Pakistan : That, as Prime Minister of Pakistan, I will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully in accordance with the Con- stitution of the Islamic Republic of Pakistan and the law, and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of Pakistan : _ That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan : That I will not allow my personal interest to influence my official conduct or my official decisions ;_ _That I will preserve, protect and defend the Con- - stitution of the Islamic Republic of Pakistan t agit T THE GAZETTE OF PAKISTAN. EXTRA., APRIL 12, 1973 365 a eee That, in ali circumstances, | will do right to all manner of people, according to law, without fear or favour affection or ul-will : And that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as Prime


or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as Prime Minister, except as may be required for the due discharge of my duties as Prime Minister. FEDERAL MINISTER OR MINISTER OF STATE [ Article 92 (2) : —s do solemnly swear that 1 will bear true faith and allegiane to Pakistan : That, as Federal Minister (or Minister of State) ; I will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully in accord- ance with the? Constituiion of the Islamic Republic of Pakistan and the law. and always in the interest of the sovereignty, integrity, solidarity, well-being and pros- perity of Pakistan : That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan : That I will not allow my personal interest to influence . my official conduct or my official decisions : _That I will preserve, protect and defend the Con- stitution of the Islamic Republic of Pakistan : That, in all circumstances, I will do right to all man- ner of people, according to law, without fear or favour, affection or ill-will : 366 THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 [Pane | — eT bat 1 will not directly or indirectly communicate or ealto any person any matter which shall be brought under my consideration or shall become known to me as Federal Minister (or Minister


communicate or ealto any person any matter which shall be brought under my consideration or shall become known to me as Federal Minister (or Minister of State), except as may be required for the due discharge of my duties as Federal Minister ( or Minister of State), or as may be specially permitted by the Prime Minister. SPEAKER OF NATIONAL ASSEMBLY OR CHAIRMAN OF SEBNATB [Articles 53 (2) and 61] L » do solemnly swear that I will bear true faith and allegiance to Pak- istan ! That, as Speaker of the National Assembly (or Chairman of the Senate) and whenever I am called upon to act as President of Pakistan, I will dis- charge my duties, and perform my functions, honestly, to the best of my ability, faithfully, in accordance with the Constitution of the Islamic Republic of Pakistan, the law and as Speaker of the National Assembly in ac- cordance with the rules of the Assembly (or as Chair- man of the Senate in accordance with the rules of the Senate), and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of Pak- - istan ! That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan : That I will not allow my personal interest to influence my official conduct or my official decisions : That I will preserve, protect and defend the Con- stitution of the Islamic Republic of Pakistan ; part J] THE GAZETTE OF


official decisions : That I will preserve, protect and defend the Con- stitution of the Islamic Republic of Pakistan ; part J] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12 1973 367 ne ' And that, in all circumstances, I will do right to all manner of people, according to law, without fear or favour, affection or ill-will. DEPUTY SPEAKER OF NATIONAL ASSEMBLY OR DBPUTY CHAIRMAN [Articles 53 (2) and 61} I, : ; , do solemnly swear that I will bear true faith and allegiance to Pak- istan : That, whenever J am called upon to act as Speaker of the National Assembly (or Chairman of the Senate), Iwill discharge my duties and perform my functions honestly, to the‘ best of my ability, faithfully, in accord- ance with the Constitution of the Islamic Republic of Pakistan, the law and the rules of the Assembly (or Senate), and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of Pakistan: That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan : That I will not allow my personal interest to influence my official conduct or my official decisions : That I will preserve, protect and defend the Consti- tution of the Islamic Republic of Pakistan : And that, in all circumstances, I will do right to all manner of people, according to law, without fear or favour, affection or ill-will. 368 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Part |


all manner of people, according to law, without fear or favour, affection or ill-will. 368 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Part | Mpmper or NATIONAL ASSE [Article 65] I , do solemnly swear that I will bear true faith and allegiance to Pak- istan : That as a member of the National Assembly (or Senate), I will perform my functions honestly, to the best of my ability, faithfully, in ac- cordance with the Constitution of the Islamic Re- public of Pakistan and the law, and the rules of the Assembly (or Senate), and always in the interest of the sovereignty, integrity, solidarity, well-being and pros- perity of Pakistan: That 1 will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan : And that I will preserve, protect and defend the Constitution of the Islamic “Republic of Pakistan. GOVERNOR OF PROVINCE [Article 102] 1, , do solemnly swear that I will bear true faith and allegiance to Pakistan . _ That, as the Governor of the Province of { will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully in accordance with the Constitution of the Islamic Republic of Pakistan and the law, and always in the interest of the sovercignty, integrity, solidarity, well-being and prosperity of Pak- istan : MBLY OR MBMBER OF SENATE part] THE GAZETTE OF PAKISTAN, EXTRA, APRIL 12, 1973 ——ooo ae 369 That 1 will strive to preserve the Islamic which


OR MBMBER OF SENATE part] THE GAZETTE OF PAKISTAN, EXTRA, APRIL 12, 1973 ——ooo ae 369 That 1 will strive to preserve the Islamic which is the basis for the creation of Pakistan cology . ’ That 1 will not allow my personal interest to influence my official conduct or my official decisions - That 1 will preserve, protect and defend the Cons- ' titution of the Islamic Republic of Pakistan : That, in all circumstances, | will do right to all manner of people, according to law, without fear or favour, affection or ul-will : And that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as Governor of the Province of .................. except as may be required for the due discharge of my duties as Governor. CHIEF MINISTER OR PROVINCIAL MINISTER [Articles 131 (4) and 132 (2)] I, , do solemnly swear that I will bear true faith and allegiance to Pakistan : That, as a Chief Minister (or Minister) of the Govern ment of the Province Of..............cccceeeee eee I will discharge my duties and perform my functions honestly, to the best of my ability, faithfully in accordance with the Constitu- tion of the Islamic Republic of Pakistan and the law, and always in the interest of the sovereignty, integrity, solidarity Well-being and prosperity of Pakistan : _ That I will strive to preserve the Islamic ideology Which is the


interest of the sovereignty, integrity, solidarity Well-being and prosperity of Pakistan : _ That I will strive to preserve the Islamic ideology Which is the basis for the creation of Pakistan : 370 THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 ; UPart | ee — a ee __ — soo That 1 will not allow my personal interest to influence my official conduct or my official decisions : That 1 will preserve, protect and defend the Constitu- tion of the Islamic Republic of Pakistan - That, in all circumstances, I will do right to all manner of people, according to law, without fear or favour, affec- tion or ill-will And that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as Chief Minister (or Minister) except as may be required for the due discharge of my duties as Chief Minister (or Minis- ter or as may be specially permitted by the Chief Minister). SPRAKER OF A PROVINCIAL ASSEMBLY [Articles 53 (2) and 127) L , do solemnly swear that I will bear true faith and allegiance to Pakistan : That, as Speaker of the Provincial Assembly of the FTOVINCE Of........ceceeeeeeeeeeeeeees , 1 will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully in accordance with the Constitution of the Islamic Republic of Pakistan, the law and the rules of the Assembly, and always in the


ability, faithfully in accordance with the Constitution of the Islamic Republic of Pakistan, the law and the rules of the Assembly, and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of Pakistan : _ That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan : That I will not allow my personal interest to influence my official conduct or my official decisions : viet THE GAZETIE OF PAKISTAN, EXTRA. APRIL 12, 1973 37] a, a That 1 will preserve, protect and defend the Constitu- tion of the Islamic Republic of Pakistan : onstitu And that, in all circumstances, I will do right to all manner of people, according to law, without fear or favour, affection or ill-will. , meee See DEPUTY SPEAKER OF A PROVINCIAL ASSEMBLY [Articles 53 (2) and 127] I, —, do solemnly swear that I will bear true faith and allegiance to Pakistan : That, whenever I am called upon to act as Speaker of the Provincial Assembly of the Province of............... , I will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully in accordance with the Constitution of the Islamic Republic of Pakistan, the law and the rules of the Assembly, and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of Pakistan : That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan : ;


and prosperity of Pakistan : That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan : ; That I will not allow my personal interest to influence my official conduct or my official decisions : That I will preserve, protect and defend the Constitu- tion of the Islamic Republic of Pakistan : And that, in all circumstances, I will do right to al) manner of people, according to law, without fear or favour, affection or ill-will. | ee [Parr | 372 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 —== MBMBER OF A PROVINCIAL ASSEMBLY [Articles 65 and 127] J , do solemnly swear that I will bear true faith and allegiance to Pakistan : That, as a member of the Provincial Assembly of...... cemaewes vemnsaend , 1 will perform my functions honestly, to the best of my ability, faithfully in accordance with the Con- stitution of the Islamic Republic of Pakistan, the law and the rules of the Assembly, and always in the interest of the sovereignty, integrity, solidarity, well-being and pros- perity of Pakistan : That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan : ‘And that I will preserve, protect and defend the Con- stitution of the Islamic Republic of Pakistan. AUDITOR-GBNERAL OF PAKISTAN - [Article 168 (2)] I, —— : , do solemnly swear that I will bear true faith and allegiance to Pakistan : That, as Auditor-General of


[Article 168 (2)] I, —— : , do solemnly swear that I will bear true faith and allegiance to Pakistan : That, as Auditor-General of Pakistan, I will discharge my duties and perform my functions honestly, faithfully in accordance with the Constitution of the Islamic Republic of Pakistan and the law and to the best of my knowledge, ability and judgment, without fear or favour, affection of ill-will, and that IT will not allow my personal interest to influence my official conduct or my official decisions. i art VJ THE GAZETTE OF PAKISTAN, EXTRA., AFRIL' 12 on | :_—_—_ Sos — a——«~ Ls CHIEF JUSTICE OF PAKISTAN OR OF A Hic GH Co OR JUDGE OF THE SUPREME CouRT wet OR A HIGH Court [Articles 178 and 194] I, , do solemnly swear th | true faith and allegiance to Pakistan at T will bear That, as Chief Justice of Pakistan (or a Judge o Supreme Court of Pakistan or Chief Justice or a Fudge of the High Court for the Province or Provinces of...........) I will discharge my duties, and perform my functions honestly, to the best of my ability and faithfully in accord- ance with the Constitution of the Islamic Republic of Pakistan and the law : a re aer That I will abide by the code of conduct issued by the Supreme Judicial Council : That I will not allow my personal interest to influence my official conduct or my official decisions : That I will preserve,


Judicial Council : That I will not allow my personal interest to influence my official conduct or my official decisions : That I will preserve, protect and defend the Constitu- tion of the Islamic Republic of Pakistan : And that, in all circumstances, I will do right to all manner of people, according to law, without fear or favour, affection or ill-will. CHIEF ELECTION COMMISSIONER [Article 214] | I, , do solemnly swear that as Chief Election Commissioner I will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully in accordance with the Constitution of the Islamic Republic of Pakistan and the law, and without fear or 373 i a 374 THE GAZETTE OF PARISJ AN, EXTRA., APRIL 12, 1973 ee a rer ee ee ee ——— — ee ++ favour, aliection or ill-will, and that I will not allow my personal interest to influence my official conduct or my ficial decisions, MREMBERS OF THE ARMED FORCES [Article 244) I, , do solemnly swear that I wil] bear true faith and allegiance to Pakistan and uphold the Constitution of the Islamic Republic of Pakistan which embodies the will of the people, that I will not engage my- self in any political activities whatsoever and that I wil] honestly and faithfully serve Pakistan in the Pakistan Army (or Navy or Air Force) as required by and under the aw. | THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 37 ae ee ’ 4 ————= ==.


Air Force) as required by and under the aw. | THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 37 ae ee ’ 4 ————= ==. DART I] : FOURTH SCHEDULE [Article 70 (6)] LEGISLATIVE LISTS FEDERAL LEGISLATIVE LIST Part J 1. The defence of the Federation or any part thereof in peace or war; the military, naval and air. forces of the Federation and any other armed forces raised or maintained by the Federation; any armed forces which are not forces of the Federation but are attached to or operating with any of the Armed Forces of the Federation including civil armed forces ; Federal intelligence bureau; preventive detention for reasons of State connected with defence, external affairs, or the security of Pakistan or any part thereof; persons subjected to such detention ; industries declared by Federal law to be necessary for the purpose of defence or for the prosecution of war. 2. Military, naval and air force works; local self- government in cantonment areas, the constitution and powers within such areas of cantonment authorities, the regulation of house accommodation in such areas, and the delimita- tion of such areas. 3. External affairs; the implementing of treaties and agreements, including educational and cultural pacts and agreements, with other countries; extradition, including the surrender of criminals and accused persons to Governments outside Pakistan. : 4. Nationality, citizenship and naturalisation. 5. Migration from or into, or settlement in, a Province or the Federal Capital. 376 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12,


citizenship and naturalisation. 5. Migration from or into, or settlement in, a Province or the Federal Capital. 376 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parra —— — “ — a ee ee p adie are — 6. Admission into, and emigration and expulsion from, Pakistan, including in relation thereto the regulation of the movements in Pakistan of persons not domiciled in Pakistan ; pilgrimages to places beyond Pakistan. 7. Posts and telegraphs, including telephones, wireless, broadcasting and other like forms of communications ; Post Office Saving Bank. 8. Currency, coinage and legal tender. 9, Foreign exchange; cheques, bills of exchange, pro- missory notes and other like instruments. 10. Public debt of the Federation, including the borrowing of money on the security of the Federal Conso- lidated Fund; foreign loans and foreign aid. 11. Federal Public Services and Federal Public Service Commission. | 12. Federal pensions, that is to say, pensions payable - by the Federation or out of the Federal Consolidated Fund. 13. Federal Ombudsmen. 14. Administrative Courts and Tribunals for Federal subjects. 15. Libraries, museums, and similar institutions con- trolled or financed by the Federation. . 16. Federal agencies and institutes for the following purposes, that is to say, for research, for professional or technical training, or for the promotion of special studies. 17, Education as Tespects Pakistani students in foreign countries and foreign students in Pakistan. —_— ae 18. Nuclear energy, din. SST THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12 1973 (a) mineral resources y ecessary


and foreign students in Pakistan. —_— ae 18. Nuclear energy, din. SST THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12 1973 (a) mineral resources y ecessary for the : of nuclear energy ; &eneration (b) the production of nuclear fuels and the tion and use of. nuclear energy ; and (c) ionizing radiations. fenera- 19. Port quarantine, seamen’s and Marine h Ospitals and hospitals connected with port quarantine P 20. Maritime shipping and navigation, including ship- ping and navigation on tidal waters ; Admiralty jurisdiction, 21. Major ports, that is to Say, the declaration and delimitation of such ports, and the constitution and powers of port authorities therein. 22. Aircraft and air navigation; the provision of aero- dromes ; regulation and organisation of air traffic and of aerodromes. 23. Lighthouses, including lightships, beacons and other provisions for the safety of shipping and aircraft. 24, Carriage of passengers and goods by sea or by air. 25- Copyright, inventions, designs, trade-marks and merchandise marks. 26. Opium so far as regards sale for export. 27. Import and export across customs frontiers as defined by the Federal Government, inter-provincial trade and commerce, trade and commerce with foreign countries ; standard of quality of goods to be exported out of Pakistan. 28. State Bank of Pakistan ; banking, that is to say, the Conduct of banking business by corporations otter than 378 THE GAZETTE OF PAKISYAN, EXTRA. APRIL 12, 1973 —_—_—. _ Parry corporations owned or controlled by a Province and carry- ing on business only


378 THE GAZETTE OF PAKISYAN, EXTRA. APRIL 12, 1973 —_—_—. _ Parry corporations owned or controlled by a Province and carry- ing on business only within that Province. 29. The law of insurance, except as respects insurance undertaken by a Province, and the regulation of the conduct of insurance business, except as respects business undertake. by a Province; Government insurance, except so far as undertaken by a Province by virtue of any matter within the legislative competence of the Provincial Assembly. 30. Stock exchanges and futures markets with objects and business not confined to one Province. 31. Corporations, that is to say, the incorporation, regulation and winding-up of trading corporations, including banking, insurance and financial corporations, but not including corporations cwned or controlled by a Province and carrying on business only within that Province, or Co- operative societies, and of corporations, whether trading or not, with objects not confined to a Province, but not includ- ing universities. 32. National planning and national economic coordi- nation including planning and coordination of scientific and technological research. 33. State lotteries. 34. National highways and strategic roads. 35. Federal surveys including geological surveys and Federal meteorological organisations. 36. Fishing and fisheries beyond territorial waters. 37. Works, lands and buildings vested in, or in the Possession of Government for the purposes of the Federation (not being military, naval or air force works), but, as regards Property situate in a Province, subject always to Provincial legislation, save in so far as Federal law otherwise provides. PaRT


force works), but, as regards Property situate in a Province, subject always to Provincial legislation, save in so far as Federal law otherwise provides. PaRT q —— THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, | wero. = — Te mee aE ee tee see DL ee 28 OSS 38. Census. 39. Establishment of standards of Weights and measures. 40. Extension of the powers and jurisdiction of mem- bers of a police force belonging to any Province to any area in another Province, but not so as to enable the police of one Province to exercise powers and jurisdiction in another Province without the consent of the Government of that Province; extension of the powers and Jurisdiction of members of a police force belonging to any Province to railway areas outside that Province. 41. Elections to the office of President, to the National Assembly, the Senate and the Provincial Assemblies - Chief Election Comniussioner and Election Commissions. 42. The salaries, allowances and privileges of the President, Speaker and Deputy Speaker of the National Assembiy, Chairman and Deputy Chairman of the Senate, Prime Minister, Federal Ministers, Ministers of State, the salaries, allowances and privileges of the members of the Senate and the National Assembly; and the punishment of persons who refuse to give evidence or produce’ documents before cominittees thereof. 43. Dutics of customs, including export duties. 44. Duties of excise. including duties on salt, but not including duties on alcoholic liquors, opium and other narcotics. 45. Duties in respect of succession


44. Duties of excise. including duties on salt, but not including duties on alcoholic liquors, opium and other narcotics. 45. Duties in respect of succession to property. 46. Estate duty in respect of property. 47. Taxes on income other than agricultural income. 48. Taxes on corporations. 379 380 THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 — wee = = sere et eee ee ee ee * ee oe 8 os —= OO 49. Taxes on sales and purchases. 50. Taxes on the capital value of the assets, not in- cluding taxes on capital gains on immovable property. 5]. Taxes on mineral oil, natural gas and minerals for use in generation of nuclear energy. 52. Taxes and duties on the production capacity of any plant, machinery, undertaking, | establishment or in- stallation in lieu of the taxes and duties specified in entries 44, 47, 48, and 49 or in lieu of any one or more of them. 53. Terminal taxes on goods or passengers carried by railway, sea or air; taxes on their fares and freights. 54, Fees in respect of any of the matters in this Part, but not including fees taken in any court. 55. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this List and, to such extent as is expressly authorised by or under the Constitution, the enlargement of the jurisdiction of the Supreme Court, and the conferring thereon of supple- mental powers. 56. Offences against


by or under the Constitution, the enlargement of the jurisdiction of the Supreme Court, and the conferring thereon of supple- mental powers. 56. Offences against laws with respect to any of the matters in this Part. 57. Inquiries and statistics for the purposes of any of the matters in this Part. 58. Matters which under the Constitution are within the legislative competence of Parliament or relate to the Federation. 59. Matters incidental or ancillary to any matter on- umerate in this Part. [Part | oS Tee. ~ P _— eee 4 ART IJ YHE GAZETTE OF PAKISTAN, EXTRA, APRIL 12, 1973 PART II |. "Railways. 2. Mineral oil and natural gas; liquids and substa declared by Federal law to be dangerously inflammable 3. Development of industries, where developme Federal control iS declared by Federal law to be expedient in the public interest ; institutions, establishments, bodies and corporations administered or managed by the Federal Government immediately before the commencing day, in- cluding the West Pakistan Water and Power Development Authority and the West Pakistan Industrial Development Corporation ; all undertakings, projects and schemes of such institutions, establishments, bodies and corporations, in- dustries, projects and undertakings owned wholly or par- tially by the Federation or by a corporation set up by the Federation. 4, Council of Common Interests. 5. Fees in respect of any of the matters in this Part but not including fees taken in any court. 6. Offences against laws with respect to any of the matters in this


matters in this Part but not including fees taken in any court. 6. Offences against laws with respect to any of the matters in this Part. 7. Inquiries and statistics for the purposes of any of the matters in this Part. 8. Matters incidental or ancillary to any matters enumerated in this Part. CONCURRENT LEGISLATIVE LIST 1. Criminal law, including all matters included in the Pakistan Penal Code on the commencing day, but excluding offences against laws with respect to any of the matters specified in the Federal Legislative List and excluding the use of naval, military and air forces in aid of civil power. 381 ——— - 382 THE GAZEITE OF PAKISTAN. EXTRA. APRIL 12, 1973 (Par ——— : a —— = ere rs 2. Criminal procedure, including all matters included in the Code of Criminal Procedure, on the commencing day: 3, Civil procedure, including the law of limitation and all matters included in the Code of Civil Procedure on the commencing day ; the recovery in a Province or the Federai Capital of claims in respect of taxes and other public de- mands, including arrears of land revenue and sums recover- able as such, arising outside that Province. 4 Evidence and oath; recognition of laws. public acts and records and judicial proceedings. 5. Marriage and divorce; infants and minors; adop- tion. 6. Wills, intestacy and succession, save as regards agricultural land. 7. Bankruptcy and insolvency, administrators-general and official trustees. 8. Arbitration. 9. Contracts, including partnership, agency, contracts of


intestacy and succession, save as regards agricultural land. 7. Bankruptcy and insolvency, administrators-general and official trustees. 8. Arbitration. 9. Contracts, including partnership, agency, contracts of carriage, and other special forms of contracts, but not including contracts relating to agricultural] land. 10. Trust and trustees. _ 11. Transfer of property other than agricultural land. registration of deeds and documents. 12. Actionable wrongs, save in so far as included in laws with respect to any of the matters specified in the Federal Legislative List. . art JJ THE GAZETTE O} PAKISTAN, EXTRA., APRIL 12 1973 a —<—= |3. Removal of prisoners and accused persons : fro one Province to another Province. " |4. Preventive detention for reasons connected with {he maintenance of public order, or the maintenance of supplics and services essential to the community ; persons subjected to such detention. [5. Persons subjected to preventive detention under Federal authority. 16. Measures to combat certain offences committed in connection with matters concerning the Federal and Provincial Government and the establishment of a police force for that purpose. 17. Arms, fire-arms and ammunition. 18. Explosives. 19. Opiurn, so. far as regards cultivation and manu- facture. 20. Drugs and medicines. 21. Poisons and dangerous drugs. 22. Prevention of the extension from one Province to another of infectious or contagious diseases or pests affec- ting men, animals or plants. 23. Mental illness and mental retardation, including places for the reception or treatment of the mentally ill and mentally retarded. 24. Environmental pollution and ecology. 25.


Mental illness and mental retardation, including places for the reception or treatment of the mentally ill and mentally retarded. 24. Environmental pollution and ecology. 25. Population planning and social welfare. 33 384 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Pp AR | 26. Welfare of labour; conditions of labour, provident funds; employers’ liability and workmen's compensation, health insurance including invalidity pensions, old age pensions. 27. Trade unions; industrial and labour disputes. 28. The setting up and carrying on of labour exchanges, employment information bureaus and training establish- ments. 29. Boilers. 30. Regulation of labour and safety in mines, factories and oil fields. 31. Unemployment insurance. 32. Shipping and navigation on inland waterways as regards mechanically propelled vessels, and the rule of the road on such waterways; carriage of passengers and goods en inland waterways. 33. Mechanically propelled vehicles. 34. Electricity. 35. Newspapers, books and priating presses. 36. Evacuee property. 37. Ancient and : historical monuments, archaeological sites and remains. 38. Curriculum, syllabus, Planning, policy, centres of excellence and standards of education. aur t] THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 385 39. Islamic education. 40, Zakat. A}. Sanctioning of cinematograph films for exhibition. 42. Tourism. 43. Legal, medical and other professions. 44. Fees in respect of any of the matters in this List, but not including fees taken in any court. 45. Inquiries and statistics for the purpose of any of the matters in this List. 46. Offences against laws with respect to any of the matters in


and statistics for the purpose of any of the matters in this List. 46. Offences against laws with respect to any of the matters in this List ; jurisdiction and powers of all courts except the Supreme Court, with respect to any of the matters in this List. 47. Matters incidental or ancillary to any matter enumerated in this List. oe ae 386 nee SS THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 FIFTH SCHEDULE [Article 205] REMUNERATION AND TERMS AND CONDITIONS a OF SERVICE Or JUDGES THB SUPRBMB COURT 1. There shall be paid to the Chief Justice of Pakistan a salary of Rs. 5,500 per mensem, and to every other Judge of the Supreme Court a salary of Rs. 5,100 per mensem. 2. Every Judge of the Supreme Court shall be entitled to such privileges and allowances, and to such rights in respect of leave of absence and pension, as may be deter- mined by the President, and until so determined, to the privileges, allowances and rights to which, immediately before the commencing day, the Judges of the Supreme Court of Pakistan were entitled. 3. The pension payable to a retired Judge of the Supreme Court shall not be less than Rs. 1,500 per mensem or more than Rs. 1,950 per mensem, depending on the length of his service as Judge in that Court or a High Court : Provided that pension payable to a Judge of Supreme Court shall not be less favourable than that payable to


Court or a High Court : Provided that pension payable to a Judge of Supreme Court shall not be less favourable than that payable to him as such Judge, immediately before the commencing day. THB HicgH Court 1. There shall be paid to the Chief Justice of a High Court a salary of Rs. 5,000 per mensem, and to every other Judge of a High Court a salary of Rs. 4,000 per mensem. =~ rant I] THE GAZETTE OF PAKISTAN, EXTRA., AP —_——_ eg a a rea — _ en —_—aon _——_————— ae — = RIL 12, 1973 387 oe 2. Every Judge of a High Court shall be entitled to such privileges and allowances, and to such rights in respect of leave of absence and pension, as may be deter- mined by the President, and until so determined, to the privileges, allowances and rights to which, immediately before the commencing day, the Judges of the High Court were entitled. 3. The pension payable to a Judge of a High Court who retires after having put in not less than five years service as Judge shall not be less than Rs. 1,000 per mensem or more than Rs. 1,750 per mensem, depending on the tength of his service as Judge and total service, if any, in the service of Pakistan. 388 THE GAZETTE OF PAKISTAN. EXTRA., APRIL 12, 1973 = ee — Parry TS SIXTH SCHEDULE (Article 268 (2)] IS NOT TO BE ALTERED, REPEALED OR pA MENDED WITHOUT THE


EXTRA., APRIL 12, 1973 = ee — Parry TS SIXTH SCHEDULE (Article 268 (2)] IS NOT TO BE ALTERED, REPEALED OR pA MENDED WITHOUT THE PREVIOUS Number 1. sd t 10. It. 12. 15: 14. 15. 16. 17. 18. SANCTION OF THE PRESIDENT Description of Regulation The Improper Acquisition of Property Regula- tion, 1969. : The Removal from Service (Special Provisions) Regulation, 1969. The Living Beyond Ostensible Means (Punish- ment) Regulation, 1969. The Government Agricultural Land (Recovery of Illegal Possession) Regulation, 1969. The Enemy Property (Payment of Money Due to Enemy) Regulation, 1970. The Withdrawal of Currency Notes (High Denomination) Regulation, 1971. The Price of Evacuee Property and Public Dues (Recovery) Regulation, 197]. The Peshawar District and Tribal Areas (Settlement of Disputes) Regulation, 1971. The Convention Muslim League and Awami League (Scrutiny of Funds) Regulation, 1971. The Foreign Exchange Repatriation Regula- tion, 1972. ie Foreign Assets (Declaration) Regulation, The Removal from Regulation, 1972. The Land Reforms Regulation, 1972, The Removal from Service (Review Petition) Regulation, 1972. Service (Special Provisions) The Land Reforms (Baluchistan Pat Feeder Canal) Regulation, 1972. The Privately Managed Schools and Colleges (Taking Over) Regulation, 1972, The Enemy Pr : Operty (Revocation of Sales) Regulation, 1972. The Dir and Swat (Devolution and Distribution of Property) Regulation, 1972. ‘ THE GAZETTE OF PAKISTAN. EXTRA. APRIL 12, 1973 PART 4300 a 389 a The Dir and Swat (Sett] torn 19. € eitlement of Di Immovable Property) Regulation, 1972 joules “a 20. a bai teen Industrial Development orporation (Revocation of Sales


and Swat (Sett] torn 19. € eitlement of Di Immovable Property) Regulation, 1972 joules “a 20. a bai teen Industrial Development orporation (Revocation of Sales or T Regulation, 1972. oF éranster) 21. | The Economic Reforms (Protection of Indus- tries) Regulation. 1972. 22. The National Press Trust (Suspension of Board of Trustees and Directors) Regulation, 1972. 93. The Cooperative Banks (Repayment of Loans) (Punjab) Regulation, 1972. 24. The Cooperative Societies (Repayment of Loans) leaned ee oe ae (Sind) Regulation, 1972. ZULFIKAR ALI BHUTTO, H. Px., President of the National Assembly. ASLAM ABDULLAH KHAN, Secretary. = wee eee . woe ” wees es Se PRINTED BY THE MANAGER, PRINTING CORPORATION OF PAKISTAN PRESS, ISLAMABAD PUBLISHED BY THE MANAGER OF PUBLICATIONS, KARACHI


PART I] THE GAZETTE OF PAKISTAN, EXTRA., JAN. 27, 2026 217 (1) ISLAMABAD, TUESDAY, JANUARY 27, 2026 PART I Acts, Ordinances, President’s Orders and Regulations NATIONAL ASSEMBLY SECRETARIAT Islamabad, the 27th January, 2026 No. F. 23 (5)/2025-Legis.—The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 26th January , 20 26 is hereby published for general information:— ACT NO. X OF 2026 AN ACT to establish an effective system of protection, relief and rehabilitation of women, men, transgender, children and any vulnerable person against domestic violence. WHEREAS the Constitution of the Islamic Republic of Pakistan recognizes the fundamental rights of all individuals, their dignity and their right to be treated in accordance with the law; AND WHEREAS it is expedient to inst itutionalize measures which provide necessary safeguards preventing and protecting all persons, including women, men, transgender, children, and any vulnerable persons, from domestic violence and for matters connected therewith or incidental thereto; It is hereby enacted as follows:— 217 (1—11) Price : Rs. 20.00 [10161(2026)/Ex. Gaz.] 217 (2) THE GAZETTE OF PAKISTAN, EXTRA., JAN. 27, 2026 [PART I 1. Short title, extent and commencement. — (1) This Act shall be called the Domestic Violence (Prevention and Protection) Act, 2026. (2) It extends to the Islamabad Capital Territory. (3) It shall come into force at once. 2. Definitions.— (1) In this Act, unless there is anything repugnant to the subject or context,- (i) “aggrieved person ” means any woman, man, transgender person, child, vulnerable person, or

The Domestic Violence Prevention and Protection Act 2026


Act, unless there is anything repugnant to the subject or context,- (i) “aggrieved person ” means any woman, man, transgender person, child, vulnerable person, or any other individual, including a person with a disability or a person of old age, who is or has been in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent; (ii) “child” means any person under the age of eighteen years living in a domestic relationship with the respondent and includes any adopted, step or foster child; (iii) “Code” means the Code of Criminal Procedure, 1898 (Act V of 1898); (iv) “Court” means the family court establishe d under the family Courts Act, 1964 and shall have and exercise all the powers of a judicial magistrate of the first class under the Code of Criminal Procedure, 1898 (Act V of 1898); (v) “Division concerned” means the division to which the business of this Act stand allocated; (vi) “domestic relationship” means a relationship between persons who live together in a household and are either related by consanguinity, marriage, kinship, adoption, or are family members living together; (vii) “domestic violence ” has the same meaning as assigned to it in section 3; (viii) “household” means a household where the aggrieved person lives in a domestic relationship either singly or along with the respondent; (ix) “Government” means the Federal Government; (x) “informer” means a person who has credible information that an offence is being committed


along with the respondent; (ix) “Government” means the Federal Government; (x) “informer” means a person who has credible information that an offence is being committed under this Act; (xi) “monetary relief” means a monetary relief which a court may order under section 9; (xii) “notification” means a notification published in the Gazette of Pakistan; PART I] THE GAZETTE OF PAKISTAN, EXTRA., JAN. 27, 2026 217 (3) (xiii) “Penal code ” means the Pakistan Penal Code, 1860 (Act XLV of 1860); (xiv) “prescribed” means prescribed by the rules made under this Act; (xv) “Protection Committee ” means a Committee constituted under section 15; (xvi) “Protection Officer” means an officer designated by the Ministry of Human Rights under section 19; (xvii) “Protection Order” means an order granted in terms of section 8; (xviii) “respondent” means a person who is, or has been, in a domestic relationship with the aggrieved per son and against whom relief has been sought under this Act; (xix) “residence order” means an order granted in terms of section 9; (xx) “Rules” means rules made under this Act; (xxi) “service provider ” means any such government facility or registered volunt ary organization established for the protection of aggrieved person providing legal, medical, financial or any other assistance. These shall also include shelter homes; and (xxii)“vulnerable person” means a person who is vulnerable due to old age, mental i llness, or physical, learning, psychosocial or other disability, or for other special reason. (2) All the words and phrases not defined