in services, Preservation cf language, scrirt and culture.: a (2) Nothing in clause (1) shall prevent the State from making any special provision for women and children. 27.—(1) No citizen otherwise qualified for appoint. ment in the service of Pakistan shall be discriminateg against in respect of any such appointment-on the ground only of race, religion, caste, sex, residence or place of birth: Provided that, for a period not exceeding ten years from the commencing day, posts may be reserved for per- sons belonging to any class or area to secure their adequate representation in the service of Pakistan : Provided further that. in the interest of the said service, specified posts or services may be reserved for members of either sex if such posts or services entail the performance of duties and functions which cannot be adequately perfor- . med by members of the other sex. (2) Nothing in clause (1) shall prevent any Provincial Government, or any local or other authority in a Province, from prescribing. in relation to any post or class of service under that Government or authority, conditions as to residence in the Province, for a period not exceeding three years, prior to appointment under that Government or authority. 28. Subject to Article 251 any section of citizens hav- ing a distinct language, script or culture shall have the right to preserve and promote the same and subject to law, establish institutions for that purpose. —_—— = _— =e 1973 225 part I] THE GAZETTE


to preserve and promote the same and subject to law, establish institutions for that purpose. —_—— = _— =e 1973 225 part I] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, = CHAPTER 2.—PRINCIPLES OF POLICY 25.—(1) The Principles set out in this Chapter shall be known as the Principles of Policy, and it is the responsi- bility of each organ and authority of the State, and of each person performing functions on behalf of an organ or authority of the State, to act in accordance with those Principles in so far as they relate to the functions of the organ or authority. (2) In so far as the observance of any particular Prin- ciple of Policy may be dependent upon resources being available for the purpose, the Principle shall be regarded as ‘being subject to the availability of resources. (3) In respect of each year, the President in relation to the affairs of the Federation, and the Governor of each Province in relation to the affairs of his Province, shall cause to be prepared and laid before the National Assembly or, as the case may be, the Provincial Assembly, a report on the observance and implementation of the Principles of Policy, and provision shall be made in the rules of proce- dure of the National Assembly or, as the case may be, the Provincial Assembly, for discussion on such report. 30.—(1) The responsibility of deciding whether any action of an organ or authority of the State, or of a person

The Constitution of the Islamic Republic of Pakistan 1973


for discussion on such report. 30.—(1) The responsibility of deciding whether any action of an organ or authority of the State, or of a person performing functions on behalf of an organ or authority of the State, is in accordance with the Principles of Policy is that of the organ or authority of the State, or of the person, concerned. (2) The validity of an action or of a law shall not be called in question on the ground that it is not in accordance with the Principles of Policy, and no action shall lie against the State. any organ or authority of the State or any person on such ground. Principles of Policy, Responsibility with respect to Principles of Policy. e s ne 226 THE GAZETTE OF PAKISTAN, EXTRA., APRIL = 12, 1973 [Parr _ le Islamic way of 31.—(1) Steps shall be taken to enable the Muslims of life, Pakistan, individually and collectively, to order their lives in accordance with the fundamental principles and bagi concepts of Islam and to provide facilities whereby they may be enabled to understand the meaning of life according to _the Holy Quran and Sunnah. (2) The State shall endeavour, as respects the Muslims of Pakistan,— : (a) to make the teaching of the Holy Quran ang Islamiat compulsory, to encourage and facilitate the learning of Arabic language and to secure correct and exact printing and publishing of the Holy Quran; L (b) to promote unity and the observance of the ° Islamic


and to secure correct and exact printing and publishing of the Holy Quran; L (b) to promote unity and the observance of the ° Islamic moral standards; and (c) to secure the proper organisation of zakut, augqaf and mosques. ~ Premotion of _ 32. The State shall encourage local Government insti- local Govern- tutions composed of elected representatives of the areas ment institutions, ae + tc taaee . . ; concerned and in such institutions special representation will be given to peasants, workers and women. Parochial and ° 33. The State shall discourage parochial, racial, tribal. other similar sectarian and provincial prejudices among the citizens. prejudices to be discouraged. - Full p Bricip a- _--- 34. Steps shall be taken to ensure full participa- on viowal life, tion of women in all spheres of national life. aie tara 35. The State shall protect the marriage, the family. . family, ete. the mother and the child. 1 5 4 f Part Yj THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 227 SS = ——— 36. The State shall safeguard the legitimate rights. and interests of minorities, including their due represen- tation in the Federal and Provincial services. 37. The State shall— (a) (5) (c) (d) (e) (f) (g) (h)- promote, with special care, the educational and economic interests of backward classes or areas ; remove illiteracy and provide free and compul- sory secondary education within minimum possible period ; make technical and professional education generally available and higher ~ education equally


and provide free and compul- sory secondary education within minimum possible period ; make technical and professional education generally available and higher ~ education equally accessible to all on the basis of merit; ensure inexpensive and expeditious justice; make provision for securing just and humane conditions of work, ensuring that children and women are not employed in vocations unsuited to their age or sex, and for maternity benefits for women in employment ; enable the people of different areas, through education, training, agricultural and industrial development and other methods, to participate fully in all forms of national activities, includ- ing employment in the service of Pakistan; prevent prostitution, gambling and taking of injurious drugs, printing, publication, circula- tion and display of obscene literature and adver- tisements ; prevent the consumption of alcoholic liquor otherwise than for medicinal and. in the case of non-Muslims, religious purposes; and Protection of minoritics. Promotion of social justice and eradicatioi of social evils. 228 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 (7) one [Parr } a) decentralise the Government administratig as to facilitate expeditious disposal of its bu ness to meet the convenience and requireme Si- of the public. nts Promotion of 38. The State shall— social and eco- nomic well-being (a) of the peopl. (b) (c) (d) (e) (f) Participation of 39, secure the well-being of the people, irrespectiy of sex, caste, creed or race, by raising theis standard of living, by preventing the concentra. tion of wealth and means of production ang


irrespectiy of sex, caste, creed or race, by raising theis standard of living, by preventing the concentra. tion of wealth and means of production ang distribution in the hands of a few to the detj- ment of general interest and by ensuring equit- ‘able adjustment of rights between employers and employees, and landlords and tenants; provide for all citizens, within the available resources of the country, facilities for work and adequate livelihood with reasonable rest and leisure ; ‘ provide for all persons employed in the service of Pakistan or otherwise, social security by compulsory social insurance or other means; provide basic necessities of life, such as food, clothing, housing, education and medical relief, for all such citizens, irrespective of sex, caste, creed or race, as are permanently or temporarily unable to earn their livelihood on account of infirmity, sickness or unemployment ; reduce disparity in the income and earnings of individuals, including persons in the various classes of the service of Pakistan ; and eliminate riba as early as possible. The State shall enable people from all parts people in Armed of Pakistan to participate m the Armed Forces of Pakistan. Forces. part J] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 — a = —_—_ 229 —— 40. The State shall endeavour to preserve and Strengthening strengthen fraternal relations among Muslim countries bonds with based on Islamic unity, support the common interests of the busting world peoples of Asia, Africa and Latin America, promote inter- emmadons national peace


with based on Islamic unity, support the common interests of the busting world peoples of Asia, Africa and Latin America, promote inter- emmadons national peace and security, joster goodwill and friendly peace. relations among all nations and encourage the settlement of international disputes by peaceful means. Part III THE FEDERATION OF PAKISTAN CHAPTER 1.—THE PRESIDENT 41.—(1) There shall be a President of Pakistan who The President. shall be the Head of State and shall represent the unity of the Republic. (2) A person shall not be qualified for election as President unless he is a Muslim of not less than forty- five years of age and is qualified to be elected as member of the National Assembly. | (3) The President shall be elected by the members of Parliament in joint sitting in accordance with the provi- sions of the Second Schedule. (4) Election to the office of President shall be held not earlier than sixty days and not later than thirty days Deore the expiration of the term of the President in office : Provided that, if the election cannot be held within the period aforesaid because the National Assembly is dissolved, it shall be held within thirty days of the general election to the Assembly. 230 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr | Oath of President, Conditions of President’s office, Term of office of President. President shall be held not later than thirty days from ne the period aforesaid because the National Assem dissolved, it


Term of office of President. President shall be held not later than thirty days from ne the period aforesaid because the National Assem dissolved, it shall be held within thirty days of the election to the Assembly. SSS (5) An election to fill a vacancy in the offi occurrence of the vacancy : € Provided that, if the election cannot be held Within bly is 8€nera] (6) The validity of the election of the President shal] not be called in question by or before any Court or other authority. | 42. Before entering upon effice, the President Shall make before the Chief Justice of Pakistan oath in the form set out in the Third Schedule. 43.—(1) The President shall not hold any office of profit in the service of Pakistan or occupy any other position carrying the right to remuneration for the ren- dering of services. (2) The President shall not be a candidate for election as a member of Parliament or a Provincial Assembly ; and, if a member of Parliament or a Provincial Assem. bly is elected as President, his seat in Parliament OL, as the case may be, the Provincial Assembly shall become vacant on the day he enters upon his office. ne Subject to the Constitution, the President shall hold office for a term of five years from the day he enters upon his office! Provided that the President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon bis


enters upon his office! Provided that the President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon bis office. (2) Subject to the Constitution, a person holding office as President shall be eligible for re-election to that office, but no person shall hold that office for more than two eonsecutive terms, - part I] | THE GAZETTE OF PAKISTAN, EXTRA, = — ——— ee _ APRIL 12, 1973 231 eS (3) The President may, by writing under his hand addressed to the Speaker of the National Assembly, resign his office. 45. The President shall have power to’grant pardon, President’s reprieve and respite, and to remit, suspend*or commute power to grant any sentence passed by any court, tribunal or other Pardon, etc. authority. 46. The Prime Minister shall keep the President President to be informed on matters of internal and foreign policy and kept informed. on all legislative proposals the Federal Government intends to bring before Parliament. 47.—(1) Notwithstanding anything contained in the Removal of Constitution, the President may be removed from office President. in accordance with the provisions of this Article on the ground of physical or mental incapacity or on a charge of violating the Constitution or gross misconduct. (2) Not Jess than one-half of the total membership of either House may give to the Speaker of the National Assembly or, as the case may be, the Chairman written notice of its intention to move aresolution for the removal of the President


the National Assembly or, as the case may be, the Chairman written notice of its intention to move aresolution for the removal of the President ; and such notice shall set out ne particulars of his incapacity or of the charge against (3) If a notice under clause (2) is received by the Chairman, he shall transmit it forthwith to the Speaker. (4) The Speaker shall, within three days of the receipt of a notice under clause (2) or clause (3), cause a copy of the notice to be transmitted to the President. _ (5) The Speaker shall summon the two Houses to meet in a joint sitting not earlier than seven days and not later than fourteen days after the receipt of the notice by him. 232 | THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 Ps [Parr } f President to act on advice, etc. Chairman or Speaker to act as, or perform functions of, President. investigated the ground or the charge upon notice is founded. be represented during the investigation, if any, the joint sitting. —=—. (6) The joint sitting may investigate or cause to be which the (7) The President shall have the right to appear and and before (8) If, after consideration of the result of the investi- gation, if any, a resolution is passed at the joint sittin by the votes of not less than two-thirds of the total membership of Parliament, declaring that the President is unfit to hold the office due to


the votes of not less than two-thirds of the total membership of Parliament, declaring that the President is unfit to hold the office due to incapacity or is guilty of violating the Constitution or of gross misconduct, the President shall cease to hold office immediately on the passing of the resolution. 48.—({1) In the performance of his functions, the President shall act on and in accordance with the advice of the Prime Minister and such advice shall be binding on him. (2) The question whether any, and if so what, advice was tendered to the President by the Prime Minister shall not be inquired into in any court. (3) Save as otherwise provided in any rules made un- dez Aiticle 99, the orders of the President shall require for their validity the counter-signature of the Prime Minister. 49.—(1) If the office of President becomes vacant by reason of death, resignation or removal of the President, the Chairman or, if he is unable to perform the functions of the office of President, the Speaker of the National Assembly shall act as President until a President is elected in accordance with clause (3) of Article 41. (2) When the President, by reason of absence from Pakistan or any other cause, is unable to perform his functions, the Chairman or, if he too is absent or unable to perform the functions of the office of President, the Speaker of the National Assembly shall perform the Part J] THE GAZETTE OF PAKISTAN, EXTRA., APRIL


perform the functions of the office of President, the Speaker of the National Assembly shall perform the Part J] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 233 a functions of President until the President returns to Pakistan or, as the case may be, resumes his functions. CHAPTER 2.—THE PARLIAMENT Composition, duration and meetings of Parliament 50. There shall be a Parliament consisting of two Parliament, Houses to be known as the National Assembly and the Senate. | 51.—(1) The National Assembly shall consist of two National hundred members to be elected by direct and free vote in Assembly; accordance with law. (2) A person shall be entitled to vote if — (a) he is a citizen of Pakistan ; (5) he is not less than eighteen years of age ; (c) his name appears on the electoral roll ; and (d) he is not declared by a competent court to be of unsound mind : Provided that, for the purpose of the first general election to the National Assembly or an election to a seat falling vacant before the holding of the second general election to the Assembly, paragraph (b) shall have effect as if for the word “eighteen” therein the word “twenty-one ” were substituted. (3) The seats in the National Assembly shall be allo- cated to each Province, the Federally Administered Tribal Areas and the Federal Capital on the basis of population in accordance with the last preceding census officially published. _ (4) Until the expiration of


Areas and the Federal Capital on the basis of population in accordance with the last preceding census officially published. _ (4) Until the expiration of a period of ten years from the commencing day or the holding of the second general election to the National Assembly, whichever occurs later , ten seats in addition to the number of seats referred to in clause (1) shall be reserved'for women and allocated c the Provinces in accordance with the Constitution and Ww. 234 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 Duration of National Assembly. Speaker and Deputy Speaker of National Assembly. [Pary I nial (5) For the purpose of election to the seats alloca to a Province under clause (4), the members of the Natio Assembly from that Province shall constitute the electorat college. ral (6) Notwithstanding anything contained in this Artic} the President may, by Order, make such provision ° to the manner of filling the seats in the National Assembly allocated to the Federally Administered Tribal Areas a4 he may think fit. 52. The National Assembly shall, unless soone; dissolved, continue for a term of five years from the day of its first meeting and shall stand dissolved at the expira- tion of its term. 53.—(1) After a general election, the National Assembly shall, at its first meeting and to the exclusion of any other business, elect from amongst its members a Speaker and a Deputy Speaker and, so often as the office of Speaker or Deputy Speaker becomes


other business, elect from amongst its members a Speaker and a Deputy Speaker and, so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall elect another member as Speaker or, as the case may be, Deputy Speaker. (2) Before entering upon office, a member elected as Speaker or Deputy Speaker shall make before the National Assembly oath in the form set out in the Third Schedule. (3) When the office of Speaker is vacant, or the Speaker is absent or is unable to perform his functions due to any cause, the Deputy Speaker shall act as Speaker, and if, at that time, the Deputy Speaker is also absent or is unable to act as Speaker due to any cause, such member as may be determined by the rules of procedure of the Assembly shall preside at the meeting of the Assembly. (4) The Speaker or the Deputy Speaker shall not preside at a meeting of the Assembly when a resolution for his removal from office is being considered. “4 part I] | THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 —==_+—-—- 235 (5) The Speaker may, by writing under his hand addressed to the President, resign his office. (6) The Deputy Speaker may, by writing wnder_ hi pand addressed to the Speaker, resign his office, r_ his 7) The office of Speaker or Deputy Spcaker shall become vacant if — (a) he resigns his office ; (b) he ceases to be a member of the


of Speaker or Deputy Spcaker shall become vacant if — (a) he resigns his office ; (b) he ceases to be a member of the Assembly ; or (c) he is removed from office by a resolution of the Assembly, of which not less than seven days’ notice has been given and which is passed by the votes of the majority of the total | membership of the Assembly. (8) When the National Assembly is dissolved, the Speaker shall continue in his office till the person elected to fill the office by the next Assembly enters upon his office. . 54.—(1) The President may, from time to time, summon either House or both Houses or Parliament in joint sitting to meet at such time and place as he thinks fit and may also prorogue the same. (2) There shall be at least two sessions of the Na- tional Assembly every year, and not more than one hund- red and twenty days shall intervene between the last sitt- ing of the Assembly in one session and the date appointed for its first sitting in the next session : Provided that the National Assembly shall meet for not less than one hundred and thirty working days in each year. ; | (3) On a requisition signed by not less than one-fourth of the total membership of the National Assembly, the Speaker shall summon the National Assembly to meet, at such time and place as he thinks fit, within fourteen days of the


National Assembly, the Speaker shall summon the National Assembly to meet, at such time and place as he thinks fit, within fourteen days of the receipt of the requisition; and when the Speaker has summoned the Assembly only he may prorogue It. Summoning _ and prorogation jof Parliament. 236 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr ] = rw SE Voting in §55.—(1) Subject to the Constitution, all decis; , § ae and the National Assembly shall be taken by majority of th ; members present and voting, but the person presiding shall not vote except in the case of equality of votes. (2) If at any time during a sitting of the Nation Assembly the attention of the person presiding is Grays to the fact that less than one-fourth of the total member. ship of the Assembly is present, he shall either adjourn the Assembly or suspend the meeting until at least one-fourth - of such membership is present. acres by ‘ 56. The President may address either House or both cesiee: Houses assembled together and may for that purpose te. . quire the attendance of the members. Right to speak 57. The Prime Minister, a Federal Minister, a in Parliament. Minister of State and the Attorney General shall have the right to speak and otherwise take part in the proceedings of either House, or a joint sitting or any committee there- of, of which he may be named a member, but shall not by virtue of


either House, or a joint sitting or any committee there- of, of which he may be named a member, but shall not by virtue of this Article be entitled to vote. Dissolution of 58. The President shall dissolve the National ree Assembly if so advised by the Prime Minister; and the National Assembly shall, unless sooner dissolved, stand dissolved at the expiration of forty-eight hours after the Prime Minister has so advised. Explanation.—Reference in this Article to “ Prime Minister ” shall not be construed to include reference to a Prime Minister against whom a resolution for a vote of no-confidence has been moved in the National Assembly but has not been voted upon or against whom such 4 resolution has been passed or who is continuing in office after his resignation or after the dissolution of the National Assembly or a Federal Minister performing the functions of Prime Minister under clause (1) or clause (3) of Article 95. -% ParT JJ THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 237 —_—_—— 59.—(1) The Senate sha'l consis: of sixty-three mem- The Senate. bers, of whom— (a) fourteen shall be elected by the b each Provincial Assembly ad members of (6) five shall be elected by the members from th Federally Administered Tribal Areas in the National Assembly ; and - (c) two shall be chosen from the Federal Capital in such manner as the President may, by Order, prescribe. (2) Election to fill seats in the Senate allocated to each


from the Federal Capital in such manner as the President may, by Order, prescribe. (2) Election to fill seats in the Senate allocated to each Province shall be held in accordance with the system of | proportional representation by means of the single transferable vote. (3) The Senate shall not be subject to dissolution but the term of office of its members shall be four years, half of them retiring every two years, except in the case of the members elected by the members from the Fed- erally Administered Tribal Areas, of whom three shall retire after the expiration of the first two years and two shall retire after the expiration of the next two years : Provided that 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 has filled. 60.—(i) After the Senate has been duly constituted, it shall, at its first meeting and to the exclusion of any other business, elect from amongst its members a Chair- man and a Deputy Chairman and, so often as the office of Chairman or Deputy Chairman becomes vacant, the Senate shall elect another member as Chairman or, as the case may be, Deputy Chairman. (2) The term of office of the Chairman or Deputy Chairman shall be two years from the day on which he enters upon his office. 61. The povisions of clauses (2) to (7) of Article 53, clauses (2) and (3)


from the day on which he enters upon his office. 61. The povisions of clauses (2) to (7) of Article 53, clauses (2) and (3) of Article 54 and Article 55 shall apply to the Senate as they apply to the National Assembly Chairman and Deputy Chair- man. Other provisions relating to Senate. 238 THE GAZETTE OF PAKISTAN, EXTRA., APRIL -12, 1973 (Parr } = and, in their application to the Senate, shall hay as if references therein to the National Assembly, Spent and Deputy Speaker were references, respectively “to : rt Senate, Chairman and Deputy Chairman. c Provisions as to members of Parliamen; Qualifications 62. Aperson shall not be qualified to be electeq for membership or chosen as a member of Parliament unless— of Pariiament. (a) he is a citizen of Pakistan ; (b) he is, in the case of the National Assembly not less. than twenty-five years of age and js enrolled as a voter in any electoral roll fo; election to that Assembly ; (c) he is, in the case of the Senate, not less than thirty years of age and is enrolled as a voter in any areaina Province or, as the case may be, the Federal Capital or the Federally Administered Tribal Areas, from where he seeks membership; and (d) he possesses such other qualifications as may be prescribed by. Act of Parliament. Disqualifications 63.—(1) A person shall be disqualified from being for membership elected or chosen as, and from being, a member of of


Act of Parliament. Disqualifications 63.—(1) A person shall be disqualified from being for membership elected or chosen as, and from being, a member of of Parliament. Parliament, i{~— . (a) he is of unsound mind and has been so de- clared by a competent court; or. (5) he is an undischarged insolvent; or (c) heceases to bea citizen of Pakistan, or acquires the citizenship of a foreign State ; or (d) he holds any office of profit in the service of Pakistan other than an office declared by law not to disqualify its hoider; or (c) he is so disqualified by Act of Parliament. part I] | THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 939 (2) If any question ariscs whether a member of Parliament has become disqualified from being a member, the Speaker or, as the case may be, the Chairman shall refer the question to the Chief Election Commissioner and, if the Chief Election Commissioner is of the opinion that the member has become disqualified, he shall cease to be a member and his seat shall become vacant. 64.—(1) A member of Parliament may, by writing Vacation of -under his hand addressed to the Speaker or, as the seats. case may be, the Chairman resign his seat, and thereupon his seat shal] become vacant. (2). A House may declare the seat of a member vacant if, without leave of the House, he remains absent for forty consecutive days of its sittings. _ | 65. A person elected


a member vacant if, without leave of the House, he remains absent for forty consecutive days of its sittings. _ | 65. A person elected to a House shall not sit or vote Oath of until he has made before the House oath in- the form members. set out in the Third Schedule. 66.—(1) Subject to the Constitution and to the rules of Privileges of procedure of Parliament, there shall be freedom of members, etc. speech in Parliament and no member shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament, and no person shall be so liable in respect of the publication by or under the authority of Parliament of any report, paper, votes or proceedings. (2) In other respects, the powers, immunities and privileges of Parliament, and the immunities and privileges of the members of Parliament, shall.be such as may from time to time be defined by law and, until so defined, shall be such as were, immediately before the commencing day, enjoyed by the National Assembly of Pakistan and the committees thereof and its members- (3) Provision may be made by law for the punishment, by a House, of persons who refuse to give evidence of » 240 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr ] SSS produce documents before a committee of the House whe duly required by the chairmen of the committee so to do. Provided that any such law— (a)


documents before a committee of the House whe duly required by the chairmen of the committee so to do. Provided that any such law— (a) may empower a court to punish a person who refuses to give evidence or produce documents: and , (b) shall have effect subject to such Order for safeguarding confidential matters from dis. closure as may be made by the President, (4) The provisions cf this Article shall apply to persons who have the right to speak in, and otherwise to = take part in the proceedings of, Parliament as they apply to members. (5) In this Article, “* Parliament " nicans cither House or a joint sitting, or a committee thereof. Procedure Generally Rules of pro- 67.—(1) Subject to the Constitution, a House cedure, etc. may make rules for regulating its procedure and the conduct of its business, and shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the House shall not be invalid on the ground that some persons who were nol entitled to do so sat, voted or otherwise took part in the proceedings. (2) Until rules are made under clause (1), the pro- cedure and conduct of business in a House shall be regulated by the rules of procedure made by the President. Restriction on 68. No discussion shall take place in Parliament with discussion in — respect to the conduct of any Judge of the Supreme Court ParHament. or of a High Court in


place in Parliament with discussion in — respect to the conduct of any Judge of the Supreme Court ParHament. or of a High Court in the discharge of his duties. 8 part I] : THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 241 69.—(1) The validity of any proceedings in Parliament shall not be called in question on the ground of any irre- gularity of procedure. (2) No officer or member of Parliament in whom powers are vested by or under the Constitution for regula- ting procedure or the conduct of business, or for maintain- ing order in Parliament, shall be subject to the jurisdiction of any court im respect of the exercise by him of those . powers. (3) In this Article, “ Parliament ” has the same meaning as in Article 66. Legislative Procedure Courts not to Inquire into proceedings of Parliament. 70.—(1) A Bill with respect to any matter in Part I of Billsrelating to the Federal Legislative List shall originate in the National Assembly and shall, if it is passed by the Assembly, be transmitted to the Senate for its consideration. (2) The Senate may, within ninety days of the receipt of the Bill under clause (1), either pass it, with or without amendment, or reject it; and upon the failure of the Senate so to do, the Bill shall be deemed to have been passed by it without amendment at the expiration of that period. (3) If the Bill is passed without amendment by the


deemed to have been passed by it without amendment at the expiration of that period. (3) If the Bill is passed without amendment by the Senate, or is deemed to have been so passed, it shall be presented to the President for assent. (4) If the Bill is passed with amendment or is rejected by the Senate, it shall be reconsidered by the National Assembly ; and, if the Bill is again passed by the National Assembly, with or without amendment, it shall be presented to the President for assent. matters in Part I of the Federal Legislative List S* 242 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [PA : =o Stas a i l SS _ (5) For the purposes of the procedure prescribeq this Article, the question whether or not a Bill is with res . to any matter in Part I of the Federal Legislative Lig, ha be decided by the President whose decision shall be final al (6) In this Article and the succeeding provisions of th Constitution, “‘ Federal Legislative List” and “ Concurre . Legislative List” mean respectively the Federal Legista. tive List and the Concurrent Legislative List in the Fourth Schedule. Bills relating to 71.—(1) A Bill with respect to any matter in Part I] of matters in Fart the Federal Legislative List or in the Concurrent Legisla. deral Legislative tive List may originate in either House and shal List orthe Con- if it is passed by one House, be transmitted to


Legisla. deral Legislative tive List may originate in either House and shal List orthe Con- if it is passed by one House, be transmitted to the. current Legis- other House; and, if the Bill is passed without amendment lative List, by the other House also it shall be presented to the Presi- dent for assent. (2) If a Bill transmitted to a House under clause (1) is rejected or is not passed within ninety days of its receipt or is passed with amendment, the Bill, at the request of the House in which it originated, shall be considered in a joint sitting. (3) If a request is made under clause (2), the President shall summon a joint sitting ; and if the Bill is passed in the joint sitting, with or without amendment, by the votes of the majority of the total membership of the two Houses, the Bill shall be presented to the President for assent. Procedure at 42.—(1) The President, after consultation with the joint sittings. Sneaker of the National Assembly and the Chairman, may make rules as to the procedure with respect to the joint sittings of, and communications between, the {wo Houses. (2) At a joint sitting, the Speaker of the National Assembly or, in his absence, such person as may be deter- mined by the rules made under clause (1), shall preside. i arr 1] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 ——ooo = = (3) The rules made under clause (1) shall be


shall preside. i arr 1] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 ——ooo = = (3) The rules made under clause (1) shall be laid before q joint sitting and may be added to, varied, amended or replaced at a joint sitting. 243 —— (4) Subject to the Constitution, all decisions at a joint sitting shall be taken by the votes of the majority of the members present and voting. 73.—(1) Notwithstanding anything contained in Procedure with Article 70 or Article 71, a Money Bill shall originate in tespect to the National Assembly and after it has been passed by the Money Bills. Assembly it shall, without being transmitted to the Senate, be presented to the President for assent. (2) For the purposes of this Chapter, a Bill or amend- ment shall be deemed to be a Money Bill if it contains pro- visions dealing with all or any of the following matters, namely :— (a) the imposition, abolition, remission, alteration or regulation of any tax; (6) the borrowing of money, or the giving of any guarantee, by the Federal Government, or the amendment of the law relating to the financial obligations of that Government ; (c) the custody of the Federal Consolidated Fund, the payment of moneys into, or the issue of moneys from, that Fund; (d) the imposition of a charge upon the Federal Consolidated Fund, or the abolition or altera- tion of any such charge; (e) the receipt of moneys on account of the Public Account


the Federal Consolidated Fund, or the abolition or altera- tion of any such charge; (e) the receipt of moneys on account of the Public Account of the Federation, the custody or issue of such moneys ; (f) the audit of the accounts of the Federal Government or a Provincial Government; and 244. THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Part ] Federal Govern- ment’s consent required for financial measures, Assent by the President. (g) any matter incidental to any of the matters specified in the preceding paragraphs. (3) A Bill shall not be deemed to be a Money Bill by -eason only that it provides— (a) for the imposition or alteration of any fine or; ‘ other pecuniary penalty, or for the demand ory payment of a licence fee or a fee or charge for any service rendered ; or (b) for the imposition, abolition, remission, altera. tion or regulation of any tax by any local authority or body for local purposes. (4) If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the National Assembly thereon shall be final. (5) Every Money Bill presented to the President for assent shall bear a certificate under the hand of the Speaker of the National Assembly that it is a Money Bill, and such certificate shall be conclusive for all purposes and shall not be called in question. 74. A Money Bill, or a Bill or amendment which if enacted and brought


conclusive for all purposes and shall not be called in question. 74. A Money Bill, or a Bill or amendment which if enacted and brought into operation would involve expen- diture from the Federal Consolidated Fund or withdrawal from the Public Account of the Federation or affect the coinage or currency of Pakistan or the constitution OF functions of the State Bank of Pakistan shall not be intro- duced or moved in Parliament except by or with the consent of the Federal Government. 75.—(1) The President shall assent to a Bill within seven days after it has been presented to him for assent under Article 70, Article 71 or Article 73 and if the Presi- dent fails to do so he shall be deemed to have assented to the Bill at the expiration of the said period. part] | THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 245 rn —, — (2) When the President has assented or is deemed to have assented to a Bill, it shall become law and be called an Act of Parliament. (3) No Act of Parliament, and no provision in any such Act, shall be invalid by reason only that some recom- mendation, previous sanction or consent required by the Constitution was not given if that Act was assented to or deemed to have been assented to in accordance with the Constitution. - 76.—(1) A Bill pending in either House Shall not lapse Bill not to lapse by reason of the prorogation of the


with the Constitution. - 76.—(1) A Bill pending in either House Shall not lapse Bill not to lapse by reason of the prorogation of the House. oe on prorogation, (2) A Bill pending in the Senate which has not beeh passed by the National Assembly: shall not lapse on the dissolution of the National Assembly. (3) A Bill pending in the National Assembly, or a Bill which having been passed by the National Assembly is pending in the Senate, shall lanse on the dissolution of the National Assembly. . | 77, No tax shall be levied for the purposes of the _Tax to be levied Federation except by or under the authority of Act of by law only. Parliament. Financial Procedure 78.—(1) All revenues received by the Federal Govern- Federal Con- ment, all loans raised by that Government. and all moneys solidated Furd received by it in repayment of any loan. shall form part of nd Public 4 Consolidated fund, to be known as the Federal Consoli- “°°°UR* dated Pund (2) AH other moneys— (a) received by or on behalf of the Federal Govern- ment ; or 246 THE GAZETTE OF PAKISTAN. EXTRA., APRIL 12, 1973 ——— [Parr | (b) received by or deposited with the § Court or any other court established y authority of the Federation ; upfeme Nder the shall be credited to the Public Account of the Federation Custody, etc., 79. The custody of the Federal Consolidated Fund of Federal Con- the payment of moneys into


to the Public Account of the Federation Custody, etc., 79. The custody of the Federal Consolidated Fund of Federal Con- the payment of moneys into that Fund, the withdrawal] of solidated Fund moneys therefrom, the custody of other moneys received and Public by or on behalf of the Federal Government. their payment into, and withdrawal from, the Public Account of the Federation, and all matters connected with or ancillary to the matters aforesaid, shall be regulated by Act of Parlia- ment or, until provision in that behalf is so made, by rules - made by the President. Anaual Budget 80.—(1) The Federal Government shall, in respect of Statement. every financial year, cause to be laid before the National Assembly a statement of the estimated receipts and expen- diture of the Federal Government for that year. in this Part referred to as the Annual Budget Statement. (2) The Annual Budget Statement shall show separa- ~ tely— (a) the sums required to meet expenditure described by the Constitution as expenditure charged upon the Federal Consolidated Fund; and (b) the sums required to meet other expenditure proposed to be made from the Federal Consoli- dated Fund; and shall distinguish expenditure on revenue account from other expenditure. Expenditure 81. The following expenditure shall be expenditure charged upon _ charged upon the Federal Consolidated Fund: — Federal Con- solidated Fund. (a) the remuneration pavable to the President and other expenditure relating to his office, and the remuneration payable to— (i) the Judges of the Supreme


(a) the remuneration pavable to the President and other expenditure relating to his office, and the remuneration payable to— (i) the Judges of the Supreme Court; parr JJ THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 247 ——_——— : = = SSS Eee (ii) the Chief Election Comnnissioner ; (iti) the Chairman and the Deputy Chairman : (iv) the Speaker and the Deputv Speaker of the National Assembly ; (v) the Auditor-General : (b) the administrative expenses, including the re- muneration payable to officers and servants, of the Supreme Court. the department of the Auditor-General and the office of the Chief Election Commissioner and of the Election Commission and the Secretariats of the Senate and the National Assembly : (c) all debt charges for which the Federal Govern- ment is liable, including interest, sinking fund charges, the repayment or amortisation of capital, and other expenditure in connection with the raising of loans, and the service and redemption of debt on the security of the Federal Consolidated Fund; (qd) any sums required to satisfy any judgment, decree or award against Pakistan by any court or tribunal; and (e) any other sums declared by the Constitution or by Act of Parliament to be so charged. . 82.—(1) So much of the Annual Budget Statement as relates to expenditure charged upon the Federal Consoli- dated Fund may be discussed in, but shall not be submitted to the vote of, the National Assembly. (2) So much of the Annual Budget Statement as relates to


discussed in, but shall not be submitted to the vote of, the National Assembly. (2) So much of the Annual Budget Statement as relates to other expenditure shall be submitted to the National Assembly in the form of demands for grants, and the Assembly shall have power to assent to. or to refuse fo assent to, any demand, or to assent to anv demand subject to a reduction of the amount specified ‘therein : Provided that, for a period of ten years from the Commencing day or the holding of the second general Procedure rela- ting to Annual Budget State- ment, 248 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12. 1973 Authentication of schedule of authorised expenditure, Supplementary and excess grants. [Parr } —= =. election to the National Assembly, whichever OCCurs |y a demand shall be deemed to have been assented io nik out any reduction of the amount specified therein, aul ” by the votes of a majority of the total membership of re Assembly, it is refused or assented to subject to a red he tion of the amount specified therein. es (3) No demand for a grant shall be made Except o, the recommendation of the Federal Government. =e a 83.—(1) The Prime Minister shall authenticate by his signature a schedule specifying— (a) the grants made or deemed to have been made by the National Assembly under Article 82, anq (b) the several sums required to meet the expen. diture charged upon the Federal Consolidated Fund but


by the National Assembly under Article 82, anq (b) the several sums required to meet the expen. diture charged upon the Federal Consolidated Fund but not exceeding, in the case of any sum, the sum shown in the statement previously laid before the National Assembly. (2) The schedule so authenticated shall be laid hefore the National Assembly, but shall not be open to discussion or vote thereon. (3) Subject to the Constitution, no expenditure from the Federal Consolidated Fund shall be deemed to be duly authorised unless it is specified in the schedule so authen- ticated and such schedule is laid before the National Assembly as required by clause (2). 84. If in respect of any financial year it is foun¢— (a) that the amount authorized to be expended ior a particular service for the current financia year is insufficient, or that a need has asses for expenditure upon some new service . included in the Annual Budget Statement '' frat year; or par] THE GAZETTE OF PAKISTAN, EXTRA, APRIL 12, 1973 ———_ 249 ee ee (b) that any money has been spent on any service during a financial year in excess of the amount granted for that service for that year ; ederal Government shall have power to authorize tne aiture from the Federal Consolidated Fund, whether the expenditure is charged by the Constitution upon that Fund or not, and shall cause to be laid before the National ‘assembly a Supplementary Budget Statement or, as the case may be,


upon that Fund or not, and shall cause to be laid before the National ‘assembly a Supplementary Budget Statement or, as the case may be, an Excess Budget Statement, setting out the amount of that expenditure, and the provisions of Articles 80 to 83 shall apply to those statements as they apply to the Annuai Budget Statement. 85. Notwithstanding anything contained in the fore- going provisions relating to financial matters, the National Assembly shall have power to make any grant in advance in respect of the estimated expenditure for a part of any financial year, not exceeding four months, pending com- pletion of the procedure prescribed in Article 82 for the voting of such grant and the authentication of the schedule of authorized expenditure in accordance with the provisions of Article 83 in relation to the expenditure. 86. Notwithstanding anything contained in the fore- going provisions relating to financial matters, at any time when the National Assembly stands dissolved, the Federa} Government may authorize expenditure from the Federal Consolidated Fund in respect of the estimated expenditure for a period not exceeding four months in any financial year, pending completion of the procedure prescrived in Article 82 for the voting of grants and the authentica- lion of the schedule of authorized expenditure in accordance with the provisions of Article 83 in relation to the expenditure. 87.—(1) Each House shall have a separate Secretariat : Provided that nothing in this clause shall be construed ‘8 preventing the creation of posts common to


Each House shall have a separate Secretariat : Provided that nothing in this clause shall be construed ‘8 preventing the creation of posts common to both Houses. (2) Parliament may by law regulate the recruitment —- een Votes on accoult, Power to authc» rize expenditure when Assembly stands dissolved, Seeretariats of Parliament. XN 250 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr | Finance Com- mittees, Power of Presi- dent to promul- gate Ordinan- ces, and the conditions of service of persons appointed to the secretarial staff of either House. (3) Until provision is made by Parliament under clause (2), the Speaker or, as the Case may be, the Chairman may, with the approval of the President, make rules regulating the recruitment, and the conditions of service, of persons appointed to the secretarial staff of the National Assembly or the Senate. 88.—(1) The expenditure of the National Assembly ~ and the Senate within authorised appropriations shall be controlled by the National Assembly or, as the case may be, the Senate acting on the advice of its Finance Com. mittee. . oa (2) The Finance Committee shall consist of the Speaker or, as the case may be, the Chairman, the Minister of Finance and such other members as may be elected thereto by the National Assembly or, as the case may be, the Senate. (3) The Finance Committee may make rules for regula- ting its procedure. Ordinances — 89.—(1) The President may, except when the National Assembly is in session,


The Finance Committee may make rules for regula- ting its procedure. Ordinances — 89.—(1) The President may, except when the National Assembly is in session, if satisfied that circumstances exist which render it necessary to take immediate action, make and promulgate an Ordinance as the circumstances may require. (2) An Ordinance promulgated under this Article shall have the same force and effect as an Act of Parliament and shall be subject to like restrictions as the power of Parlia- ment to make law, but every such Ordinance— (a) shall be laid— (i) before the National Assembly if it is with respect to a matter in Part I of the Federal Legislative List, and shall stand repeale part I] THE GAZETTE enn Sa Se a == ——— at the expiration of four months from its promulgation or, it before the expiration of that period a resolution disapproving it is passed by the Assembly, upon th sing of that resolution ; ° © Pas (ii) before both Houses if it is with Tespect to a matter in Part II of the Federal Legislative List or a matter in the Con- current Legislative List, and shal] stand repealed at the expiration of four months from its promulgation or, if before the expiration of that period a resolution dis- approving it 1s passed by either House, upon the passing of that resolution; and (b) may be withdrawn at any time by the President. =e (3) Without prejudice to the provisions of clause (2), an


of that resolution; and (b) may be withdrawn at any time by the President. =e (3) Without prejudice to the provisions of clause (2), an Ordinance laid before the National Assembly shall be deemed to be a Bul introduced in the National Assembly, CHAPTER 3.—THE FEDERAL GOVERNMENT. 90.—(1) Subject to the Constitution, the executive authority of the Federation shall be exercised in the name of the President by the Federal Government, consisting of the Prime Minister and the Federal Ministers, which shall act through the Prime Minister who shall be the chief executive of the Federation. (2) In the performance of his functions under the Constitution, the Prime Minister may act either directly or through the Federal Ministers. (3) The Prime Minister and the Federal Ministers shall be collectively responsible to the National Assembly. OF PAKISTAN, EXTRA., APRIL 12, 1973 251 Te ——————— —————————_ The Federal Government, _ 91.—(1) The National Assembly shall meet on the The Prime leth day following the day on which a general election Minister. ~ Pz 252 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 _ _ [Part J] Feier2: Minis- ter; and Minige ters of State, ee Se —_—_———> to the Assembly is held, unless sooner summ President. Oned’ by the (2) After the election of the Speaker and th Speaker, the National Assembly shall, to the exclusieny any other business, proceed to elect without debate one os its Muslim members to be the Prime Minister. a (3) The Prime Minister shall be elected


other business, proceed to elect without debate one os its Muslim members to be the Prime Minister. a (3) The Prime Minister shall be elected by the vot of the majority of the total membership of the National Assembly : a Provided that, if no member secures such majority jn the first poll, a second poll shall be held between the mem- bers who secure the two highest numbers of votes in the first poll and the member who secures a majority of votes of the members present and voting shall be declared to have been elected as Prime Minister: Provided further that, if the number of votes secured by two or more members securing the highest number of votes is equal, further poll shall be held between them until one of them secures a majority of votes of the members present and voting. (4) The member elected under clause (3) shall be called upon by the President to assume the office. of Prime Minister and he shall, before entering upon the office, make before the President oath in the form set out in the Third Schedule. _ 92.—(1) The Prime Minister shall appoint F ederal Ministers and Ministers of State from amongst the members of Parliament : Provided that the number of Federal Ministers and Ministers of State who are members of the Senate shall not at any time exceed one-fourth of the number © Federal Ministers. part I] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 253 “


shall not at any time exceed one-fourth of the number © Federal Ministers. part I] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 253 “ (2) Before entering upon office, a Federal Minister or a Minister of State shall make before the President oath ‘n the form set out in the Third Schedule. | (3) A Federal Minister or a Minister of State may, by writing under his hand addressed to the Prime Minister, resign his office or may be removed from office by the Prime Minister. 093.—(1) The Prime Minister shall continue to hold Prime Minister office until his successor enters upon the office of Prime COntnuing in Minister. office. (2) Nothing in Article 91 or Article 92 shall be cons- trued to disqualify the Prime Minister or a Federal Minister or a Minister of State from continuing in office during the period the National Assembly stands dissolved. 94,— (1) Subject to clause (2), the Prime Minister may, Resignation of by writing under his hand addressed to the President, resign Prime Minister . his office and, when the Prime Minister resigns, the Federal Ministers and Ministers of State shall cease to hold office. (2) The Prime Minister and, at the request of the Prime Minister, a Federal Minister shall continue to per- form the functions of the office of Prime Minister or, as the case may be, Federal Minister until a new Prime Minister has been elected and has entered upon his office. - (3) If the National Assembly


case may be, Federal Minister until a new Prime Minister has been elected and has entered upon his office. - (3) If the National Assembly is in session at the time when the Prime Minister resigns his office, the Assembly shall forthwith proceed to elect a Prime Minister, and if the Assembly is not in session the President shall for that purpose summon it to meet within fourteen days of the resignation. 95.—(1) In the event of the death of the Prime Minister Federal Minis- or the office of Prime Minister becoming vacant by rea- ter performing son of his ceasing to be a member of the National Assembly, Haak 2 _ Of the most senior Federal Minister for the time being shal] “"’™° *™S'** po 254 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 197 be called upon by the President to perform the functi ‘ of that office and the Federal Ministers and Ministers cs State shall continue in office until a new Prime Ministey hes been elected and has entered upon his office. [Part ] ————__ (2) If the National Assembly is in session at the tim when the Prime Minister dies or the office of Prime Minist : becomes vacant, the Assembly shall forthwith proceeg io elect a Prime Minister, and if the Assembly is not in session the President shall for that purpose summon it to Meet within fourteen days of the death of the Prime Minister or, as the case may be, of the office


that purpose summon it to Meet within fourteen days of the death of the Prime Minister or, as the case may be, of the office becoming vacant. (3) When the Prime Minister, by reason of absence from Pakistan or any other cause, is unable to perform his functions, the most senior Federal Minister for the time being shall perform the functions of Prime Minister untij the Prime Minister returns to Pakistan or, as the case may be, resumes his functions. (4) In this Article, “most senior Federal Minister ” means the Federal Minister for the time being designated as such by the Prime Minister. 96.—(1) A resolution for a vote of no-confidence may Vote of no» be passed against the Prime Minister by the National confidence Assembly. against Prime Minister; (2) A resolution referred to in clause (1) shall not be moved in the National Assembly unless, by the same resolution, the name of another member of the Assembly is put forward as the successor. : (3) A resolution referred to in clause (1) shall not be moved in the National Assembly while the Nationa Assembly is considering demands for grants submitted to if in the Annual Budget Statement. part I] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 295 ——— (4) A resolution referred to in clause (1) shall not be voted upon before the expiration of three days, or later than seven days, from the day on which such resolution is moved in the National Assembly. (5) If


the expiration of three days, or later than seven days, from the day on which such resolution is moved in the National Assembly. (5) If the resolution referred to in clause (1) is passed by a majority of the total membership of the National Assembly, the President shall call upon the person named in the resolution as the successor to assume office and on . his entering upon office his predecessor and the Federal Ministers and Ministers of State appointed by him shall cease to hold office : Provided that, for a period of ten years from the com- mencing day or the holding of the second general election to the National Assembly whichever occurs later, the vote of a member, elected to the National Assembly as a candi- date or nominee of a political party, cast in support of a re- solution for a vote of no-confidence shall be disregarded if the majority of the members of that political party in the National Assembly has cast its votes against the passing of such resolution. (6) If a resolution referred to in clause (1) is not passed, another such resolution shall not be moved until a period of six months has elapsed. 97. Subject to the Constitution, the executive autho- rity of the Federation shall extend to the matters with respect to which Parliament has power to make laws, Including exercise of rights, authority and jurisdicticn in and in relation to areas outside Pakistan : Provided that the said authority


power to make laws, Including exercise of rights, authority and jurisdicticn in and in relation to areas outside Pakistan : Provided that the said authority shall not, save as expressly provided in the Constitution or in any law made by Parliament, extend in any Province to a matter with Tespect to which the Provincial Assembly has also power to make laws. Extent of execu- tive authority of Federation. 256 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 Poa [Parr ] Conferring of functions on subordinate authorities. Conduct of business of Federal Govern- ment. Attomey- General for Pakistan. 98.— On the recommendation of the Federal Govern. ment, Parliament may by law confer functions upon Officers or authorities subordinate to the Federal Government. 99.-(1) Orders and other instruments made ang executed in the name of the President shall be authep. ticated in such manner as may be specified in rules to he made by the Federal Government, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the President. (2) The Federal Government may regulate the alloca. tion and transaction of its business and imay for the conve. nient transaction of that business delegate any of its func. tions to officers or authorities subordinate io it. 100.—(1) The President shall appoint a person, being a person qualified to be appointed a Judge o: the Supreme Court, to be the


io it. 100.—(1) The President shall appoint a person, being a person qualified to be appointed a Judge o: the Supreme Court, to be the Attorney-General for Pakistin. (2) The Attorney-General shall hold office during the pleasure of the President. (3) It shall be the duty of the Attorney-General to give advice to the Federal Government upon such legal matters, and to perform such other duties of a legal character, as may be referred or assigned to him by the Federal Govern. ment, and in the performance of his duties he shall have the right of audience in all courts and_ tribunals in Pakistan. (4) The Attorney-General may, by writing unuer his hand addressed to the President, resign his office. part II THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 a oo = 257 Part IV PROVINCES CHAPTER 1.—THEB GOVBRNORS 101.—(1) There shall be a Governor for each Province, Appoin: f who shall be appointed by the President. Governor. — (2) A person shall not be appointed a Governor unless he is qualified to be elected as a member of the National Assembly and is not less than thirty-five years of age. we (3) The Governor shall hold office during the pleasure of the President. (4) The Governor may, by writing under his hand addressed to the President, resign his office. 102. Before entering upon office, the Governor Oath of office. shall make before the Chief Justice of the High Court oath in the form set out in the Third


office, the Governor Oath of office. shall make before the Chief Justice of the High Court oath in the form set out in the Third Schedule. 103.—(1) The Governor shall not hold any office of Conditions of profit in the service of Pakistan or occupy any other posi- Governor's tion carrying the right to remuneration for the rendering of °ice- Services. (2) The Governor shall not be a candidate for election as a member of Parliament or a Provincial Assembly and, if a member of Parliament or a Provincial Assembly is appointed as Governor, his seat in Parliament or, as the Case may be, the Provincial Assembly shall become vacant On the day he enters upon his office. 258 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr ] = SSE, Acting 104,—When ihe Governor is absent from Pakistan oy ; Governor. unable to perform the functions of his office due to an cause, such other person as the President may direct shall act as Governor. Governor to act 105.—(1) Subject to the Constitution, in the perform. on advice, etc. ance of his functions, the Governor shall act on and in accordance with the advice of the Chief Minister ang such advice shall be binding on him. (2) The question whether any, and if so what, advice was tendered to the Governor by the Chief Minister shajj not be inquired into in any court. CHAPTER 2.—PROVINCIAL ASSBMBLIES Constitution of 106.—(1) There shall be a Provincial Assembly for each ie Province


Minister shajj not be inquired into in any court. CHAPTER 2.—PROVINCIAL ASSBMBLIES Constitution of 106.—(1) There shall be a Provincial Assembly for each ie Province consisting of the number of members hereinafter specified to be elected by direct and free vote in accord- ance with law— Baluchistan ves v _ 40 The North-West Frontier Province ... 80 The Punjab a _ _ 240 (2) A person shall be entitled to vote if— (a) he is a citizen of Pakistan; (b) he is not less than eighteen years of age; (c) his name appears on the electoral roll for any area in the Province; and (2) he is not declared by a competent court to be of unsound mind. . ~ Part YT THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 259 —_——— Provided that, for the purpose of the first general elec- tion to the Provincial Assembly or an election to a seat fall- ing vacant before the holding of the second general election to the Assembly, paragraph (b) shall have effect as if for the word “ eighteen ” therein the word “ twenty-one” were sub- stituted. (3) In addition to the seats in the Provincial Assemblies for the Provinces of Baluchistan, the Punjab, the North-West Frontier and Sind specified in clause (1), there shall be in those Assemblies the number of additional seats hereinafter specified reserved for persons belonging to the Christian, Hindu, Sikh, Budhist and Parsi communities or the schedul- ed castes— Baluchistan wee vee vee 1


hereinafter specified reserved for persons belonging to the Christian, Hindu, Sikh, Budhist and Parsi communities or the schedul- ed castes— Baluchistan wee vee vee 1 The North-West Frontier Province ... 1 The Punjab 3 Sind 2 (4) Until the expiration of a period of ten years from the commencing day or the holding of the second general election to the Assembly of a Province, whichever occurs later, there shall be in the Assembly a number of additional seats reserved for women equal to five per centum of the number of members of that Assembly specified in clause (1). (5) As soon as practicable after the general election to a Provincial Assembly, the members to fill seats reserved in the Assembly for the persons referred to in clause (3) or for women shall be elected in accordance with law by the mem- bers of that Assembly referred to in clause (1). 107. A Provincial Assembly shall, unless sooner dis- Duration of solved, continue for a term of five years from the day Provincial of its first meeting and shall stand dissolved at the expira- Assembly. tion of its term. 108. After a general election, a Provincial Assembly Speaker and shall, at its first meeting and to the exclusion of any other Deputy Speake r, business, elect from amongst its members a Speaker and 260 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 — [Pary I Summoning and prorogation of Provincial Assembly. Right of Governor to address Pivu- yvincial Assem- bly. Right


OF PAKISTAN, EXTRA., APRIL 12, 1973 — [Pary I Summoning and prorogation of Provincial Assembly. Right of Governor to address Pivu- yvincial Assem- bly. Right to speak in Provincial Assembly. Dissolution or Provincial Assembly. Qualifications for membership of Provincial Assembly, ae a Deputy Speaker and, so often as the office of Speake Deputy Speaker becomes vacant, the Assembly shall sea another member as Speaker or, as the case may be, De Put Speaker. | y 109. The Governor may from time to time— (a) summon the Provincial Assembly such time and place as he thinks fit (b) prorogue the Provincial Assembly. 110. The Governor may address the Provincial Assembly and may for that purpose require the attendance of the members. to Meet at ; and 111. The Advocate-General shall have the right to speak and otherwise take part in the proceedings of the Pro. vincial Assembly or any committee thereof of which he may » be named a member, but shal] not by virtue of this Article | oe entitled to vote. - oO 112. The Governor shall dissolve the Provincial As- sembly if so advised by the Chief Minister ; and the Provin- cial Assembly shall, unless sooner dissolved, stand dissolved at the expiration of forty-eight hours after the Chief Minister has so advised. _ Explanation—Reference in this Article to “Chief Minister” shall not be construed to include reference to. 4 Chief Minister against whom a resolution for a vote of no- confidence has been moved in the Provincial


be construed to include reference to. 4 Chief Minister against whom a resolution for a vote of no- confidence has been moved in the Provincial Assembly but has not been voted upon or against whom a resolution for a vote of no-confidence has been passed or who is continuing in office by virtue of clause (2) of Article 134 or a Provincial Minister performing the functions of Chief Minister under clause (1) or clause (3) of Article 135. 113. A person shall not be qualified to be elected 2 member of a Provincial Assembly unless—- (a) he is a citizen of Pakistan ; part THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 261 a ——oo (b) he is not less than twenty-five years of age; (c) he is enrolled as a voter in any electoral roll for election to the Assembly ; and (d) he possesses such other qualifications as may be prescribed by Act of Parliament. 114. No discussion shall take place in a Provincial Assembly with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties. 115.—(1) A Money Bill, or a Bill or amendment which if enacted and brought into operation would involve expen- diture from the Provincial Consolidated Fund or withdrawal from the Public Account of the Province shall not be intro- duced or moved in the Provincial Assembly except by or with the consent of the Provincial Government. (2) For the purposes of


not be intro- duced or moved in the Provincial Assembly except by or with the consent of the Provincial Government. (2) For the purposes of this Article, a Bill or amend- ment shall be deemed to be a Money Bill if it contains provisions dealing with all or any of the following matters, namely :— (a) the imposition, abolition, remission, alteration or regulation of any tax; (b) the borrowing of money, or the giving of any guarantee, by the Provincial Government or the amendment of the law relating to the financial obligations of that Government ; (c) the custody of the Provincial Consolidated Fund, ‘the payment of moneys into, or issue of moneys from, that Fund ; (d) the imposition of a charge upon the Provincial Consolidated Fund, or the abolition or alteration of any such charge; (e) the receipt of moneys on account of the Public Account of the Province, the custody or issue of such moneys; and Restriction on discussion in Provincial -Assembly, Provincial Gov- efnment’s con- sent required for financial meas- ures, 262 | THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 [pany Assent by the Governor, eee (f) any matter incidental to any of the mat specified in the preceding paragraphs. ters (3) A Bill shall not be deemed to be a Money pin by reason only that it provides— (a) for the imposition or alteration of any fine or other pecuniary penalty or for the demand Or payment of a licence fee or a fee


for the imposition or alteration of any fine or other pecuniary penalty or for the demand Or payment of a licence fee or a fee or charge foy any service rendered ; or (b) for the imposition, abolition, remission, altera. tion or regulation of any tax by any local authority or body for local purposes. (4) If any question arises whether a Bill is a Money - Bill or not, the decision of the Speaker of the Provincia} Assembly thereon shall be final. (5) Every Money Bill presented to the Governor for assent shall bear a certificate under the hand of the Speaker of the Pravincial Assembly that it is a Money Bill and such certificate shall be conclusive for all purposes and shall - not be called in question. 116.—(1) When a Bill has been passed by the Provincial Assembly, it shall be presented to the Governor for assent. (2) The Governor shall assent to a Bill within seven days after it has been presented to him for assent, and if the Governor fails to do so he shall be deemed to have assented to the Bill at the expiration of the said period. (3) When the Governor has assented or is deemed to have assented to a Bill, it shall become law and be called an Act of Provincial Assembly. - (4) No Act of a Provincial Assembly, and no pro- vision in any such Act, shall be invalid by reason only that some recommendation, previous sanction or


Act of a Provincial Assembly, and no pro- vision in any such Act, shall be invalid by reason only that some recommendation, previous sanction or consent required by the Constitution was nct given if that Act was part JJ THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12; 1973 263 ooo : ted to or deemed to have been assented to in ame ordance with the Constitution. 117.—(1) A Bill pending in a Provincial Assembly shall not lapse by reason of the prorogation of the Assembly. (2) A Bill pending in a Provincial Assembly shall lapse on the dissolution of the Assembly. Financial Procedure 118.—(1) All revenues received by the Provincial Government, all loans raised by that Government, and all moneys received by it in repiyment of any loan, shall fosm part of a consolidated fund, to be known as the Pro- vincial Consolidated Fund. (2) All other moneys— (a) received by or on behalf of the Provincial Government; or (b) received by or deposited with the High Court or any other court established under the authority of the Province; shall be credited to the Public Account of the Province. 119. The custody of the Provincial Consolidated Fund, the payment of moneys into that Fund, the withdrawal of moneys therefrom, the custody of other moneys received by or on behalf of the Provincial Government, their pay- ment into, and withdrawal from, the Public Account of the Province, and all matters connected with or ancillary to the matters aforesaid, shall be regulated by


into, and withdrawal from, the Public Account of the Province, and all matters connected with or ancillary to the matters aforesaid, shall be regulated by Act of the Pro- Vincial Assembly or. until provision in that behalf is so made, by rules made by the Governor. 129.—(1) The Provincial Government shall, in respect of every financial year, cause to be laid before the Pro- vincial Assembly a statement of the estimated receipts and *xpenditure of the Provincial Government for that year, in his Chapter referred to as the Annual Budget Statement. Bill not to lapse on prorogation, etc. Provincial Con- solidated Fund and Public Account. Custody, etc., of Provincial Con- solidated Fund and Public Account, Annual Budget Statement. 264 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 Expenditure charged upon Provincial Con- solidated Fund, separately— (2) The Annual Budget Statement shall show (a) the sums required to meet expenditure d cribed by the Constitution as expenditup, _ charged upon the Provincial Consolidated Fund. and , (b) the sums required to meet other ex proposed to be made from the Consolidated Fund ; and shall distinguish expenditure on revenue account from other expenditure. - Penditure Provincia] ~ 121, The following expenditure shall be expenditure charged upon the Provincial Consolidated Fund :— (a) the remuneration payable to the Governor and other expenditure relating to his office, and the remuneration payable to— (i) the Judges of the High Court; and (ii) the Speaker and Deputy Speaker of the Provincial Assembly ; (b) the


the remuneration payable to— (i) the Judges of the High Court; and (ii) the Speaker and Deputy Speaker of the Provincial Assembly ; (b) the administrative expenses, including the remu- neration payable to officers and servants, of the High Court and the Secretariat of the Provincial Assembly ; (c) all debt charges for which the Provincial Government is liable, including interest, sinking fund charges, the repayment or amortisation of capital, and other expenditure in connection with the raising of loans, and the service and redemption of debt on the security of the Pro- vincial Consolidated Fund ; (d) any sums required to satisfy any judgment, decree or award against the Province by ay court or tribunal; and : . (e) any other sums declared by the Constitution oF by Act of the Provincial Assembly to be s? charged. . ot ] ‘THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 265 ——— 122.—(1) So much of the Annual Budget Statement as Procedure rela- relates to expenditure charged upon the Provincial Consoli- 97g 0° Avnual jated Fund may be discussed in, but shall not be submitted Budget State. to the vote of, the Provincial Assembly. (2) So much of the Annual Budget Statement as relates to other expenditure shall be submitted to the Provincial Assembly in the form of demands for grants, and that Assembly shall have power to assent to, or to refuse to assent to, any demand, or to assent to any demand subject +to a reduction of the amount


power to assent to, or to refuse to assent to, any demand, or to assent to any demand subject +to a reduction of the amount specified therein: “ Provided that, for a period of ten years from the com- fencing day or the holding of the second general election to the Provincial Assembly, whichever occurs later, a demand shall be deemed to have been assented to unless, a by the votes of a majority of the total membership of the Assembly, it is refused or assented to subject to a reduc- tion of the amount specified therein. (3) No demand for a grant shall be made except on the recommendation of the Provincial Government. 123.—(1) The Chief Minister shall. authenticate by Authentication his signature a schedule specifying— of schedule of “ authorized ex- (a) the grants made or deemed to have been made Penditure. by the Provincial Assembly under Article 122, and ~ (b) the several sums required to meet the expendi- ture charged upon the Provincial Consolidated Fund but not exceeding, in the case of any sum, the sum shown in the statement previously laid, before the Assembly. (2) The schedule so authenticated shall be laid before the Provincial Assembly, but shall not be open to discussion _Or vote thereon. 266 THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 [Parr ] Supplementary and excess grant, Votes on account, nt (3) Subject to the Constitution, no expenditure from ¢p Provincial .Consolidated Fund shall be deemed to be duly authorized unless


grant, Votes on account, nt (3) Subject to the Constitution, no expenditure from ¢p Provincial .Consolidated Fund shall be deemed to be duly authorized unless it is specified in the schedule so authentj cated and such schedule is laid before the Provincial Assembly as required by clause (2). 124. If in respect of any financial year it is founq— (a) that the amount authorized to be expended for a particular service for the current financial year is insufficient, or that a need has arisen for expenditure upon some new service not included in the Annual Budget Statement for that year: or 7 bol (b) that any money has been spent on any service during a financial year in excess of the amount sranted for that service for that year; the Provincial Government shall have power to authorize expenditure from the Provincial Consolidated Fund, whether the expenditure is charged by the Constitution upon that Fund or not, and shall cause to be laid before the Provin- cial Assembly a Supplementary Budget Statement or, as the case may be, an Excess Budget Statement. setting out the amount of that expenditure, and the provisions of Articles 120 to 123 shall apply to those statements as they apply to the Annual Budget Statement. 125. Notwithstanding anything contained in the fore- going provisions relating to financial matters, the Provincial Assembly shall have power to make any grant in advance in tespect of the estimated expenditure for a part of any financial year, not exceeding three


shall have power to make any grant in advance in tespect of the estimated expenditure for a part of any financial year, not exceeding three months, pending comple- tion of the procedure prescribed in Article 122 for the vot: ing of such grant and the authentication of the schedule of expenditure in accordance with the provisions of Article 123 in relation to the expenditure. part THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 267 126. Notwithstanding anything contained in the fore- ing provisions relating to financial Matters, at any time ake the Provincial Assembly — stands dissolved, the Provincial Government may authorize expenditure from the Provincial Consolidated Fund in Tespect of the estimated expenditure for a period noi exceeding four months in any financial year, pending completion of the procedure rescribed in Article 122 for the vollng of grants and the authentication of the schedule of authorized expenditure in accordance with the provisions of Article 123 in relation to the expenditure. Power to autho- Tize expenditure when Assembly stands, dissolved, 127. Subject to the Constitution, the Provisions of Provisions re- slauses (2) to (8) of Article 53, clauses (2) and (3) of Article 54, Article 55, Articles 63 to 67, Article 69, Article 77, Article 87 and Article 88 shall apply to and in relation to a Provincial Assembly or a committee or members thereof or the Provincial Government, but so that— (a) any reference in those provisions to Parliament, a House or the National Assembly shall be read as


or the Provincial Government, but so that— (a) any reference in those provisions to Parliament, a House or the National Assembly shall be read as a reference to the Provincial Assembly ; (6) any reference in those provisions to the President shall be read as a reference to the Governor of the Province ; (c) any reference in those provisions to the Federal Government shall be read as a reference to the Provincial Government ; (d) any reference in those provisions to the Prime Minister shall be read as a reference to the Chief Minister ; (e) any reference in those provisions to a Federal Minister shall be read as a reference to a Pro- vincial Minister; and (f) any reference in those provisions te the National Assembly of Pakistan shall be read asa lating to Na- tional Assembly, etc., to apply to Provincial Assembly, etc, 268 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr ] Power of Gover- nor to promul- gate Ordinances. The Provincial Government, oe —= reference to the Provincial Assembly j; existence immediately before the commencing day. Ordinances 128.—(1) The Governor may, except when the Pyro. vincial Assembly is in session, i satisfied that circumstances exist which render it necessary to take immediate action make and promulgate an Ordinance as the circumstances may require. (2) An Ordinance promulgated under this Article shall have the same force and effect as an Act of thé Provincial Assembly and shall be subject to like restrictions as the power


Article shall have the same force and effect as an Act of thé Provincial Assembly and shall be subject to like restrictions as the power of the Provincial Assembly to make laws but every such Ordinance— (a) shall be laid before the Provincial Assembly , and shall stand repealed at the expiration of three months from its promulgation or, if before the expiration of that period a resolution dis- approving it is passed by the Assembly, upon the passing of that resolution ; and (b) may be withdrawn at any time by the Governor. (3) Without prejudice to the provisions of clause (2), an Ordinance laid before the Provincial Assembly shall be deemed to be a Bill introduced in the Provincial Assembly. CHAPTER 3.—THE PROVINCIAL GOVERNMENTS 129.—(1) Subject to the Constitution, the executive authority of the Province shall be exercised in the name of the Governor by the Provincial Government, consisting of the Chief Minister and Provincial Ministers, which shall act through the Chief Minister. wae ce: .4 part I] THE GAZETTE OF PAKISTAN, EXTRA., ‘APRIL 12, 1973 269 == (2) In the performance of his functions under the Constitution, the Chief Minister may act either directly or through the Provincial Ministers. (3) The Chief Minister and the Provincial Ministers shall be collectively responsible to the Provincial Assembly. 130. The Chief Minister shall keep the Governor in- formed on matters relating to Provincial administration and on all legislative proposals the Provincial Government in- +ends to bring before the Provincial Assembly.


Governor in- formed on matters relating to Provincial administration and on all legislative proposals the Provincial Government in- +ends to bring before the Provincial Assembly. -431.—(1) The Provincial Assembly shall meet on the thirtieth day following the day on which a_ general lection to the Assembly is held, unless sooner summoned by the Governor. : (2) After the election of the Speaker and the Deputy Speaker, the Provincial Assembly shall. to the exclusion of any other business, proceed to elect without debate one of its members to be the Chief Minister. (3) The Chief Minister shall be elected bv the votes of the majority of the total membership of the Provincial Assembly : Provided that, if no member secures such’ majority in the first poll. a second poll shall be held between the members who secure the two highest- numbers of votes in the first poll and the member who secures a maioritv of votes of the members present and voting shall be declared to have ‘been elected as Chief Minister : Provided further that, if the number of votes secured by two or more members: securing the highest number of votes is equal. further polls shall be held between them until one of them secures a majority of votes of the members present and voting. Governor to be kept informed. The Chief Minister. ms 270 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr | | ——<—$_— (4) The member elected under clause (3) shall be calleg upon by


270 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr | | ——<—$_— (4) The member elected under clause (3) shall be calleg upon by the Governor to assume the office of Chief Minister and he shall before entering upon the office make before the Governor oath in the form set out in the Third Schedule. Provincial | 132.—(1) The Chief Minister shall appoint Provincig} Ministers. Ministers from amongst members of the Provincia] Assembly. a (2) Before entering upon office, .a Provincial Minister shall make before the Governor oath in the form set out in the Third Schedule. Sad (3) A Provincial Minister may, by writing under his hand addressed to the Chief Minister, resign his office or may be removed from office by the Chief Minister. Chief Minister 133.—-(1) The Chief Minister shall continue to hold continuing in office until his successor enters upon the office of Chief office, Minister. 7 (2) Nothing in Article 131 or Article 132 shall be con- strued io. disqualify the Chief Minister or a Provincial Minister from continuing in office during the period the Provincial Assembly stands dissolved. Resignation’by - 134.—(1) Subject to clause (2), the Chief Minister Chief Minister. may, by writing under his hand addressed to the Governor, Tesign his office and, when the Chief Minister resigns, the Provincial Ministers shall cease to hold office. (2) The Chief Minister and, at the request of the Chief Minister, a Provincial Minister shall continue to perform the functions of the office of Chief


The Chief Minister and, at the request of the Chief Minister, a Provincial Minister shall continue to perform the functions of the office of Chief Minister or, as the case wv Part I] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 271 — may be, Provincial Minister until a new Chief Minister has been elected and has entered upon his office. (3) If the Provincial Assembly is in session at the time when the Chief Minister resigns his office, the Assembly shall forthwith proceed to elect a Chief Minister, and if the Assembly is not in session the Governor shall for that purpose summon it to meet within fourteen days of the resignation. 135.—(1) In the event of the death of the Chief Minis- ter or of the office of Chief Minister becoming vacant by reason of his ceasing to be a member of the Provincial Assembly, the most senior Provincial Minister for the time being shall be called upon by the Governor to perform the functions of that office and the Provincial Ministers shall continue in office until a new Chief Minister has been elected and has entered upon his office. (2) If the Provincial Assembly is in session at the Provincial Minister per- forming func- tions of Chief Minister. time when the Chief Minister dies or the office of Chief Minister becomes vacant, the Assembly shall forthwith proceed to elect a Chief Minister, and if the Assembly is not in session the Governor shall for that purpose summon


the Assembly shall forthwith proceed to elect a Chief Minister, and if the Assembly is not in session the Governor shall for that purpose summon , it to meet within fourteen days of the death of the Chief Minister or, as the case may be, of the office becoming vacant. (3) When the Chief Minister, by reason of absence from Pakistan or any other cause, is unable to perform - his functions, the most senior Provincial Minister for the time being shall perform the functions of Chief Minister until the Chief Minister returns to Pakistan or, as the case may be, resumes his functions. (4) In this Article, “ most senior Provincial Minister ” means the Provincial Minister for the time being designa- - ted as such by the Chief Minister. = Si 272 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Part I Vote of no- confidence against Chief Minister. 136.—(1) A resolution for a vote of no-confidence may be passed against the Chief Minister by the Provincia] Assembly. (2) A resolution referred to in clause (1) shall not be moved in the Provincial Assembly unless, by the same resolution, the name of another member of the Assembly is put forward as the successor. (3) A resolution referred to in clause (1) shall not be moved in the Provincial Assembly while the Provincia] Assembly is considering demands for grants submitted to it in the Annual Budget Statement. (4) A resolution referred to in clause (1) shall not be voted


is considering demands for grants submitted to it in the Annual Budget Statement. (4) A resolution referred to in clause (1) shall not be voted upon before the expiration of three days, or later than seven days, from the day on which such resolution is moved in the Provincial Assembly. (5) If the resolution referred to in clause (1) is passed by a majority of the total membership of the Provincial Assembly, the Governor shall call upon the person named in the resolution as ‘the successor to assume office and on his entering upon office his predecessor and the Provincial Ministers appointed by him shall cease to hold office : Provided that, for a period of ten years from the com- mencing day or the holding of the second general election to the Provincial Assembly, whichever occurs later, the vote of a member, elected to the Provincial Assembly as a candidate or nominee of a political party. cast in support of a resolution for a vote of no-confidence shall be dis- regarded if the majority of the members of that political party in the Provincial Assembly has cast its votes against the passing of such resolution. (6) If a resolution referred to in clause (1) is not passed, another such resolution shall not be moved until a period of six months has elapsed. } part I] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 973 ee 137. Subject to the Constitution, the executive Extent of execu- authority of the Province


I] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 973 ee 137. Subject to the Constitution, the executive Extent of execu- authority of the Province shall extend to the matters with hd authority of respect to which the Provincial Assembly has power to *‘°YM°* make laws : Provided that, im any matter with respect to which both Parliament and the Provincial Assembly of a Province have power to make laws, the executive authority of the Province shall be subject to, and limited by, the executive authority expressly conferred by the Constitution or by law made by Parliament upon the Federal Government or authorities thereot. 138. On the recommendation of the Provincial Conferring of Government, the Provincial Assembly may by law confer functions on functions upon officers or authorities subordinate to the pH og Provincial Government. ' 139, --(1) Orders and other instruments made and Conduct of executed in the name of the Governer shall be authenti- business of Pro- cated in such manner as may be specified in rules to be Vincial Govern- made by the Provincial Government, and the validity of ™°"™ an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Governor. (2) The Provincial Government may regulate the allocation and transaction of its business and may for the convenient transaction of that business delegate any of its functions to officers or authorities subordinate to it. 140.—(1) The


its business and may for the convenient transaction of that business delegate any of its functions to officers or authorities subordinate to it. 140.—(1) The Governor of each Province shall Advocate-Gene- appoint a person, being a person qualified to be appointed Tl fora Pro- a Judge of the High Court, to be the Advocate-General for the Province. (2) It shall be the duty of the Advocate-General to sive advice to the Provincial Government upon such legal matters, and to perform such other duties of a legal character, as may be referred ot assigned to him by the Provincial Government. 274 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Part I (3) The Advocate-General shall hold office during the pleasure of the Goveraez. (4) The Advocate-General may, by writing under his hand addressed to the Governor, resign his office. PaRT V RELATIONS BETWEEN FEDERATION AND EROVINCES CHAPTER 1.—DISTRIBUTION OF {LEGISLATIVE POWERS Extent of 141. Subject to the Constitution, Parliament may Peugelane _ make laws (including laws having extra-territorial opera- fovincial laws. tion) for the whole or any part of Pakistan, and a Pro- vincial Assembly may make laws for the Province or any part thereof. Mes Subject-matter 142. Subject to the Constitution — of Federal and ; Provincial laws. (a) Parliament shall have exclusive power to make laws with respect to any matter in the Federal Legislative List ; (b) Parliament, and a Provincial Assembiy also, shall have power to make laws with respect to any matter in the Concurrent Legislative


Legislative List ; (b) Parliament, and a Provincial Assembiy also, shall have power to make laws with respect to any matter in the Concurrent Legislative List ; (c) a Provincial. Assembly shall, and Parliament shall not, have power to make laws with respect to any matter not enumerated in either the Federal Legislative List or the Concurrent Legislative List; and (d) Parliament shall have exclusive power to make laws with respect to matters not enumerated im t & part I] | THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 bo wi j either of the Lists for such areas in the Federa- tion as are not included in any Province. 143. If any provision of an Act of a Provincial Assembly is repugnant to any provision of an Act of Parlia- ment which Parliament is competent to enact, or to any provision of any existing law with respect to any of the matters enumerated in the Concurrent Legislative List, then the Act of Parliament, whether passed before or after the Act of the Provincial Assembly, or, as the case may be, the existing law, shall prevail and the Act of the Provincial Assembly shall, to the extent of the repugnancy, be void. 144,—(1) If two or more Provincial Assemblies pass resolutions to the effect that Parliament may by law regulate any matter not enumerated in either List in the Fourth Schedule, it shall be lawful for Parliament to pass an Act for ‘xégulating that matter accordingly, but any Act so


either List in the Fourth Schedule, it shall be lawful for Parliament to pass an Act for ‘xégulating that matter accordingly, but any Act so passed may, as respects any Province to which it applies, be amended or repealed by Act of the Assembly of that Province. (2) The provisions of Article 71 shall apply to a Bill with respect to a matter which may be regulated by Aci of Parliament under clause (1). CHAPTER 2.—ADMINISTRATIVB RELATIONS BETWEEN FRBDBRA- _ TION AND PROVINCES 145.— (i) The President may direct the Governor of any Province to discharge as his Agent, either generally or in any particular matter, such functions relating to such areas in the Federation which are not included in any Pro- vince as may be specified in the direction. _ (2) The provisions of Article 105 shall not apply to the discharge by the Governor of his functions under Clause (1), Inconsistency between Federal and Provincial laws. Power of Par- liament to legislate for two or more Pro- vinces by con- sent, ~ Power of Presi- dent to direct Governor to discharge cer- tain functions as his Agent. 276 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr ] Power of Fede- tation to confer powers, etc., on Provinces, in certain cases; Power of the Provinces to entrust funce tions to the Federation, Obligation of Provinces and Federation. ——. 146.—(1) Notwithstanding anything contained in the Constitution, the Federal Government may, with the consent of the Government of a Province,