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, entrust either conditionally or unconditionally to that Government, or to its officers, functions in relation to any matter to which the executive authority of the Federation extends. (2) An Act of Parliament may, notwithstanding that it relates to a matter with respect to which a Provincia] Assembly has no power to make laws, confer powers and impose duties upon a Province or officers and authorities thereof. (3) Where by virtue of this Article powers and duties have been conferred or imposed upon a Province or officers or authorities thereof, there shall be paid by the Federa- tion to the Province such sum as may be agreed or, in default of agreement, as may be determined by an arbitra- tor appointed by the Chief Justice of Pakistan, in respect of any extra costs of administration incurred by the Pro- vince in connection with the exercise of those powers or the discharge of those duties. 147. Notwithstanding anything contained in the Constitution, the Government of a Province may, with the consent of the Federal Government, entrust, either condi- tionally or unconditionally, to the Federal Government, or to its officers, functions in relation to any matter to which the executive authority of the Province extends. 148.—(1) The executive authority of every Province | shall be so exercised as to secure compliance with Federal laws which apply in that


Province extends. 148.—(1) The executive authority of every Province | shall be so exercised as to secure compliance with Federal laws which apply in that Province. (2) Without prejudice to any other provision of this Chapter, in the exercise of the executive authority of the Federation in any Province regard shall be had to the interests of that Province. , part I] | THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 277 —— — (3) It shall be the duty of the Federation to protect every Province against external aggression and internal disturbances and to ensure that the Government of every Province is carried on in accordance with the Provisions of the Constitution. 149.—(1) The executive authority of every Province shall be so exercised as not to impede or prejudice the exercise of the executive authority of the Federation, and the executive authority of the Federation shall extend to the giving of such directions to a Province as may appear to the Federal Government to be necessary for that purpose. (2) The executive authority of the Federation shall also extend to the giving of directions to a Province as to the carrying into execution therein of any Federal law which relates to a matter specified in the Concurrent Legislative List and authorises the giving of such directions. (3) The executive authority of the Federation shall also extend to the giving if directions to a Province as to the construction and maintenance of means of communica- tion declared in the direction

The Constitution of the Islamic Republic of Pakistan 1973


also extend to the giving if directions to a Province as to the construction and maintenance of means of communica- tion declared in the direction to be of national or strategic importance. (4) The executive authority of the Federation shall also extend to the giving of directions to a Province as to the manner in which the executive authority thereof is to be exercised for the purpose of preventing any grave menace to the peace or tranquillity or economic life of Pakistan or any part thereof. 150. Full faith and credit shall be given throughout Pakistan to public acts and records, and judicial proceed- ings of every Province. __ 151.—(1) Subject to clause (2), trade, commerce and intercourse throughout Pakistan shall be free. Directions to Provinces in certain cases. Full faith ana credit for public acts, etc. Inter-Provincial ivade. 278 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 >a Acquisition of land for Federal purposes. [Parr ] (2) Parliament may by law impose such restrictions on the freedom of trade, commerce or intercourse between one Province and another or within any part of Pakistan as may be required in the public interest. (3) A Provincial Assembly or a Provincial Govern. ment shall not have power to— (a) make any law, or take any executive action prohibiting or restricting the entry into, or the export from, the Province of goods of any clasgs or description, or (b) impose a tax which, as between goods manu- factured or produced in the Province


the Province of goods of any clasgs or description, or (b) impose a tax which, as between goods manu- factured or produced in the Province and similar goods not so manufactured or produced, dis- criminates in favour of the former goods or which, in the case of goods manufactured or produced outside the Province discriminates between goods manufactured or produced in any area in Pakistan and similar goods manu- factured or produced in any other area in Pakistan. (4) An Act of a Provincial Assembly which imposes any reasonable restriction in the interest of public health, public order or morality, or for the purpose of protecting animals or plants from disease or preventing or alleviating any serious shortage in the Province of an essential commodity shall not, if it was made with the consent of the President, be invalid. 152. The Federation may, if it deems necessary to acquire any land situate in a Province for any purpose connected with a matter with respect to which Parliament has power to make laws, require the Province to acquire the land on behalf, and at the expense, of the Federation or. if the land belongs to the Province, to transfer it to the Federation on such terms as may be agreed or, in default of agreement, as may be determined by an _ arbitrator appointed by the Chief Justice of Pakistan. part J] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 279 — oor == CHAPTER 3.—SPECIAL PROVISIONS 153.—(1) There shall be


Chief Justice of Pakistan. part J] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 279 — oor == CHAPTER 3.—SPECIAL PROVISIONS 153.—(1) There shall be a Council of Common Council of Interests, in this Chapter referred to as the Council, to be Common appointed by the President. Interests. (2) The members of the Council shall be— (a) the Chief Ministers of the Provinces, and (b) an equal number of members from the Federal Government to be nominated by the Prime Minister from time to time. (3) The Prime Minister, if he is a member of the ~ Council, shall be the Chairman of the Council but, if at any time he is not a member, the President may nominate a Federal Minister who is a member of the Council to be its Chairman. (4) The Council shall be responsible to Parliament. 154.—(1) The Council shall formulate and regulate Functions and policies in relation to matters in Part II of the Federal rules of pro- Legislative List and, in so far as it is in relation to the *“'U™ affairs of the Federation, the matter in entry 34 (electricity) in the Concurrent Legislative List, and shall exercise super- vision and contro] over related institutions. (2) The decisions of the Council shall be expressed in terms of the opinion of the majority. (3) Until Parliament makes provision by law in this behalf. the Council may make its rules of procedure. (4) Parliament in joint sitting may from time to time _ by


by law in this behalf. the Council may make its rules of procedure. (4) Parliament in joint sitting may from time to time _ by resolution issue directions through the Federal Govern- ment to the Council generally or in a particular matter to take action as Parliament may deem just and proper and such directions shall be binding on the Council. 280 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr ] SSE = ar Complaints as to interference with water supplies. —=—_—=—. (5) If the Federal Government or a Provincial Gover ment is dissatisfied with a decision of the Council, it ha, , refer the matter to Parliament in a joint sitting whose deg; sion in this behalf shall be final. * 155.—(1) If the interests of a Province, the Federa) Capital or the Federally Administered Tribal Areas, or any of the inhabitants thereof, in water from any natural] source of supply have been or are likely to be affecteg prejudicially by— (a) any executive act or legislation taken or Passed or proposed to be taken or passed, or (b) the failure of any authority to exercise any of ° its powers with respect to the use and distribu- tion or control of water from that source, the Federal Government or the Provincial Government concerned may make a complaint in Writing to the Council. ; (2) Upon receiving such complaint, the Council shall, after having considered the matter, either give its decision or request the President to appoint a


; (2) Upon receiving such complaint, the Council shall, after having considered the matter, either give its decision or request the President to appoint a commission consist- ing of such persons having special: knowledge and experience in irrigation, engineering, administration, finance or law as he may think fit, hereinafter referred to as the Commission. (3) Until Parliament makes provision by law in this behalf, the provisions of the Pakistan Commissions of Inquiry Act, 1956 (VI of 1956), as in force immediately before the commencing day shall apply to the Council or the Commission as if the Council or the Commission were a commission appointed under that Act to which all the provisions of section 5 thereof applied and upon which the power contemplated by section 10A thereof had been conferred. part 1] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 oo 281 (4) After considering the report and supplementary eport, if any, of the Commission, the Council shall record ie decision on all matters referred to the Commission. (5) Notwithstanding any law to the contrary, but subject to the provisions of clause (5) of Article 154, it shall be the duty of the Federal Government and the Provincial Government concerned in the matter in issue to give effect to the decision of the Council faithfully according to its terms and tenor. (6) No proceeding shall lie before any court at the instance of any party to a matter which is or has been .in issue before the Council, or of


lie before any court at the instance of any party to a matter which is or has been .in issue before the Council, or of any person whatsoever, in respect of a matter which is actually or has been or might or ought to have been a proper subject of complaint to the Council under this Article. 156.—(1) The President shall constitute a National Economic Council consisting of the Prime Minister, who shall be its Chairman, and such other members as the President may determine : National Econo- mic Council. Provided that the President shall nominate one member from each Province on the recommendation of the Govern- ment of that Province. (2) The National Economic Council shall review the overall economic condition of the country and shal}, for advising the Federal Government and the Provincial Govern- ments, formulate plans in respect of financial, commercial, social and economic policies; and in formulating such plans, it shall be guided by the Principles of Policy set out in Chapter 2 of Part II. 157.—(1) The Federal Government may in any pro- . . Electricity. vince construct or cause to be constructed hydro-electric or y 282 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Par —— | thermal power installations or grid stations for the genera tion of electricity and lay or cause to be laid inter-Pr, vincial transmission lines. . (2) The Government of a Province may— (a). to the extent electricity is supplied to that Province from the national! grid, require suppl


lines. . (2) The Government of a Province may— (a). to the extent electricity is supplied to that Province from the national! grid, require suppl to be made in bulk for transmission and distr bution within the Province; a (b) levy tax on consumption of electricity within the Province ; | (c) construct power houses and grid stations and lay transmission lines for use within the Province: and (d) determine the tariff for distribution of electricity within the Province. Priority of re- 158. The Province in which a well-head of natural gas quirements of jg situated shall have precedence over other parts of Pakis- natural gas, tan in meeting the requirements from that well-head, sub- ject to the commitments and obligations as on the com- mencing day. . Broadcasting 159.—(1) The Federal Government shall not unreason- and telecasting. ably refuse to entrust to a Provincial Government such functions with respect to broadcasting and telecasting as may be necessary to enable that Government— (a) to construct and use transmitters in the Pro- vince; and (b) to regulate, and impose fees in respect of, the construction and use of transmitters and the ParT I] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 19 —— 73 283 eer" use of receiving apparatus in the Province - Provided that nothing in this clause shall be construed as requiring the Federal Government to entrust to any Provincial Government any control over the use of trans- mitters constructed or maintained by the Federal Govern- ment or by


Government to entrust to any Provincial Government any control over the use of trans- mitters constructed or maintained by the Federal Govern- ment or by persons authorised by the Federal Government, or over the use of receiving apparatus by persons so authorised. (2) Any functions so entrusted to a Provincial Govern- ment shall be exercised subject to such conditions as may be imposed by the Federal Government, including, notwith- standing anything contained in the Constitution, any con- ditions with respect to finance, but it shall not be lawful for the Federal Government so to impose any conditions regulating the matter broadcast or telecast by, or by authority of, the Provincial Government. (3) Any Federal law with respect to broadcasting and telecasting shall be such as to secure that effect can be given to the foregoing provisions. of this Article. (4) If any question arises whether any conditions imposed on any Provincial Government are lawfully imposed, or whether any refusal by the Federal Govern- ment to entrust functions is unreasonable, the question shall be determined by an arbitrator appointed by the Chief Justice of Pakistan. | (5) Nothing in this Article shall be construed as restrict- ing the powers of the Federal Government ‘under the Constitution for the prevention of any grave menace to the peace or tranquillity of Pakistan or any part thereof. ¥ =. a 284 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 197 [Parr — WO ES ParT VI FINANCE, PROPERTY, CONTRACTS AND SUITS CHAPTER 1.—FINANCE Distribution of


a 284 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 197 [Parr — WO ES ParT VI FINANCE, PROPERTY, CONTRACTS AND SUITS CHAPTER 1.—FINANCE Distribution of Revenues between the F ederation and the Provinces National 160.—(1) Within six months of the commencin Finance Com- day and thereafter at intervals not exceeding five veare meets the President shall constitute a National Finance Com.” mission consisting of the Minister of Finance of the Federal] Government, the Ministers of Finance of the Provincia] Governments, and such other persons as may be appointed by the President after consultation with the Governors of the Provinces. (2) It shall be the duty of the National Finance Com- mission to make recommendations to the President as to— (a) the distribution between the Federation and the Provinces of the net proceeds of the taxes mentioned in clause (3); (b) the making of grants-in-aid by the Federal Government to the Provincial Governments ; (c) the exercise by the Federal Government and the Provincial Governments of the borrowing powers conferred by the Constitution ; and (a) any other matter relating to finance referred to the Commission by the President. (3) The taxes referred to in paragraph (a) of clause (2) are the following taxes raised under the authority of Parliament, namely :— (i) taxes on income, including corporation tax, but not including taxes on income consisting of remuneration paid out of the Federal Consoli- dated Fund; part I] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 25 (ii) taxes on sales


of remuneration paid out of the Federal Consoli- dated Fund; part I] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 25 (ii) taxes on sales and purchases ; (iii) export duties on cotton, and such other export duties as may be specified by the President ; (iv) such duties of excise as may be specified by the President ; and (v) such other taxes as may be specified by the President. (4) As soon as may be after receiving the recommenda- tions of the National Finance Commission, the President shall, by Order, specify, in accordance with the recom- mendations of the Commission under paragraph (a) " of clause (2), the share of the net proceeds of the taxes mentioned in clause (3) which is to be allocated to each Province, and that share shall be paid to the Government of the Province concerned, and, notwithstanding the pro- vision of Article 78 shall not form part of the Federal Con- solidated Fund. “ (5) The recommendations of the National Finance Commission, together with an. explanatory memorandum as to the action taken thereon, shall be laid before both Houses and the Provincial Assemblies. (6) At any time before an Order under clause (4) is made, the President may, by Order, make such amend- ments or modifications in the law relating to the distribution of revenues between the Federal Government and the Provincial Governments as he may deem necessary or expedient. (7) The President may, by Order, make grants in aid of the


Federal Government and the Provincial Governments as he may deem necessary or expedient. (7) The President may, by Order, make grants in aid of the revenues of the Provinces in need of assistance and Pang ants shall be charged upon the Federal Consolidated un . - 286 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr ] Natural gas and hydro-electric power, Prior sanction of President re- quired to Bills affecting taxa- tion in which Provinces are interested, Provincial taxes in respect of professions, etc, een a ny a — — 161.—(1) Notwithstanding the provisions of Article 78 the net proceeds of the Federal duty ci excise on natural gas levied at well-head and collected by the Federa] Government, and of the royalty collected by the Federal Governnient, shall not form part of the Federal Consolj- dated Fund and shall be paid to the Province in Which the well-head of natural gas is situated. (2) The net profits earned by the Federal Govern- ment, or any undertaking established or administered by the Federal Government from the bulk generation of power - at a hydro-electric station shall be paid to the Province in which the hydro-electric station is situated. Explanation—For the purposes of this clause “ net profits” shall be computed by deducting from the revenues accruing froin the bulk supply of power from the bus-bars of a hydro-electric station at a rate to be determined by the Councij of Common Interests, the operating expenses of the station, which shall include


of a hydro-electric station at a rate to be determined by the Councij of Common Interests, the operating expenses of the station, which shall include any sums pay- able as taxes, duties, interest or return on investment, and depreciations and element of obsolesence, and over-heads, and provisicn for reserves. 162. No Bill or amendment which imposes or varies a tax or duty the whole or part of the net proceeds whereof is assigned to any Province, or which varies the meaning of the expression “agricultural income” as defined for the purposes of the enactments relating to income-tax, or which affects the principles on which under any of the foregoing provisions of this Chapter moneys are or may be distributable to Provinces, shall be introduced or moved in the National Assembly except with the previous samc- tion of the President. 163. A Provincial Assembly may by Act impose taxes, not exceeding such limits as may from time to time be fixed by Act of Parliament, on persons engaged in professions, trades, callings or employments, and no such part] THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973. 987 eT na r = See Se, Act of the Assembly shall be regarded as imposing a tax Miscellaneous Financial Provisions 164. The Federation or a Province may make grants Grants out of for any purpose, notwithstanding that the purpose is not Consolidated one with respect to which Parliament or, as the case may Fund. be, a Provincial Assembly may make laws. . -165.—(1) The


is not Consolidated one with respect to which Parliament or, as the case may Fund. be, a Provincial Assembly may make laws. . -165.—(1) The Federal Government shall not, in Exemption of » respect of its property or income, be liable to taxation under certain public any Act of Provincial Assembly and, subject to clause (2), property fan a Provincial Government shall not, in respect of its pro- taxation. perty or income, be liable to taxation under Act of Parlia- ment or under Act of the Provincial Assembly of any other Province. (2) If a trade or business of any kind is carried on by or on behalf of the Government of a Province outside that Province, that Government may, in respect of any property used in connection with that trade or business or any income arising from that trade or business, be taxed under Act of Parliament or under Act of the Provincial Assembly of the Province in which that trade or business is carried on. (3) Nothing in this Article shall prevent the imposition of fees for services rendered. | CHAPTER 2.—BORROWING AND AUDIT 166. The executive authority of the Federation Borrowing by extends to borrowing upon the security of the Federal Federal Govern- Consolidated Fund within such limits, if any, as may from ™™- time to time be fixed by Act of Parliament, and to the ping of guarantees within such limits, if any, as may be 60 fixed. 167.—(1) Subject to the provisions of this Article,


Parliament, and to the ping of guarantees within such limits, if any, as may be 60 fixed. 167.—(1) Subject to the provisions of this Article, the Borrowing by executive authority of a Province extends to borrowing Provincial upon the security of the Provincial Consolidated ‘Fund “°Y™™e™ within such limits, if any, as may from time to time be 288 + |§§$_THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [PART ] —— aia ete fixed by Act of the Provincial Assembly, and to the giving of guarantees within such limits, if any, as may be co fixed. (2) The Federal Government may, subject to such conditions, if any, as it may think fit to impose, make loans to, or, so long as any limits fixed under Article 166 are not exceeded, give guarantees in respect of loans raiseq by, any Province, and any sums required for the Purpose of making loans to a Province shall be charged upon the Federal Consolidated Fund. (3) A Province may not, without the consent of the Federal Government, raise any loan if there is stil} out- standing any part of a loan made to the Province by the _ Federal Government, or in respect of which guarantee has been given by the Federal Government; and consent under this clause may be granted subject to such condi- tions, if any, as the Federal Government may think fit to impose. Audit and Accounts Audtior: 168.—(1) There shall be an Auditor-General of General of Pakistan, who shall be


the Federal Government may think fit to impose. Audit and Accounts Audtior: 168.—(1) There shall be an Auditor-General of General of Pakistan, who shall be appointed by the President. Pakistan. (2) Before entering upon office, the Auditor-General shall make before the Chief Justice of Pakistan oath in the form set out in the Third Schedule. (3) The terms and conditions of service, including the term of office, of the Auditor-General shall be determined by Act of Parliament and, until so determined, by Order of the President. (4) A person who has held office as Auditor-General shall not be eligible for further appointment in the service of Pakistan before the expiration of two years after he has ceased to hold that office. Fart JJ THE GAZETIE OF PAKISTAN, EXTRA., APRIL 12, 1973 289 _—= = (5) The Auditor-General shall not be removed from oftice except in the like manner and on the like grounds as a Judge of the Supreme Court. (6) At any time when the office of the Auditor-General is vacant or the Auditor-General is absent or is unable to perform the functions of his office due to any cause, such other person as the President may direct shall act as Auditor-General and perform the functions of that office. 169. The Auditor-General shall, in relation to— (a) the accounts of the Federation and of the Provinces; and (6) the accounts of any authority or body estab- lished by the Federation or a Province, perform such functions and exercise such


the Provinces; and (6) the accounts of any authority or body estab- lished by the Federation or a Province, perform such functions and exercise such powers as may be determined by or under Act of Parliament and, until so determined, by Order of the President. ' Functions and power of Auditor- General. 170. The accounts of the Federation and of the Power of Provinces shall be kept in such form and in accordance with such. principles and methods as the Auditor-General may, with the approval of the President, prescribe. 171. The reports of the Auditor-General relating to the accounts of the Federation shall be submitted to the President, who shall cause them to be laid before. the National Assembly and the reports of the Auditor-General relating to the accounts of a Province shall be submitted to the Governor of the Province, who shall cause them to be laid before the Provincial Assembly. CHAPTER 3.—PROPERTY, CONTRACTS, LIABILITIES AND SUITS 172.—(1) Any property which has no rightful owner shall, if located in a Province, vest in the Government of that Province, and in every other case, in the Federal Government. | oe . Auditor- General to give directions as to accounts. Reports of Auditor- General, Ownerless Pro- perty. 290 THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 SSS eee == Power to acquire property and to make contracts, ete. (2) All lands, minerals and other things of yaj within the continental shelf or underlying the ocean withie the territorial waters of Pakistan


contracts, ete. (2) All lands, minerals and other things of yaj within the continental shelf or underlying the ocean withie the territorial waters of Pakistan shall vest in the Feder Government. a 173.—(i) The executive authority of the Federation and of a Province shall extend, subject to any Act of the appropriate Legislature, to the grant, sale, disposition oy mortgage of any property vested in, and to the purchase oy acquisition of property on behalf of, the Federal Govern. ment or, as the case may be, the Provincial Government and to the making of contracts. (2) All property acquired for the purposes of the Federation or of a Province shall vest in the Federal Government or, as the case may be, in the Provincial Government. (3) All contracts made in the exercise of the executive authority of the Federation or of a Province shall be expressed to be made in the name of the President or, as the case may be, the Governor of the Province, and all such contracts and all assurances of property made in the exegcise of that authority shall be executed on behalf of the President or Governor by such persons and in such manner as he may direct or authorize. (4) Neither the President, nor the Governor of a Province, shall be personally liable in respect of any con- tract or assurance made or executed in the exercise of the executive authority of the Federation or, as the case may be, the Province, nor shall


or assurance made or executed in the exercise of the executive authority of the Federation or, as the case may be, the Province, nor shall any person making or executing any such contract or assurance on behalf of any of them be personally liable in respect thereof. part I] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 291 —— (5) Transfer of land by the Federal Government or a provincial Government shall be regulated by law. 174. The Federation may sue or be sued by the name suits and pro. of Pakistan and a Province may sue or be sued by the ceedings. name of the Province. ParT VII THE JUDICATURE CHAPTER 1.—THB COURTS 175.—(1) There shall be a Supreme Court of Pakistan, Establishment a High Court for each Province and such other courts as and jurisdiction may be established by law. . of courts, (2) No court shall have any jurisdiction save as is or may be conferred on it by the Constitution or by or under any | law. (3) The Judiciary shall be separated progressively from the Executive within three years from the commencing day. CHAPTER 2.—THE SUPREMB COURT OF PAKISTAN 176. The Supreme Court shall consist of a Chief Constitution of Justice to be known as the Chief Justice of Pakistan and Supreme Court, SO many. other Judges as may be determined by Act of Parliament or, until so determined..as may be fixed by the President. mM 292 THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973


determined by Act of Parliament or, until so determined..as may be fixed by the President. mM 292 THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 [Part ] ——======= —— i=, Appointment of Supreme Court Judges, Oath of office. Retiring age. Acting Chief Justice. 177.— (1) The Chief Justice of Pakistan shall appointed by the President, and each of the other Judges shall be appointed by the President after consultation With the Chief Justice. — (2) A person shall not be appointed a Judge of the Supreme Court unless he is a citizen of Pakistan ang— (a) has for a period of, or for periods aggregating - not less than five years been a Judge of a High | Court (including a High Court which existeg . in Pakistan at any time before the commenc. ing day); or - (6) has for a period of, or for periods aggregating, not less than fifteen years been an advocate of - a High Court (including a High Court which existed in Pakistan at any time before the commencing day). 178. Before entering upon office, the Chief Justice of Pakistan shall make before the President, and any other Judge of the Supreme Court shali make before the Chief Justice, oath in the form set out in the Third Schedule. 179. A Judge of the Supreme Court shall hold office until he attains the age of sixty-five years, unless he sooner resigns or is removed from office in accordance. with the Constitution. 180. At any


until he attains the age of sixty-five years, unless he sooner resigns or is removed from office in accordance. with the Constitution. 180. At any time when— (a) the office of Chief Justice of Pakistan is vacant; Or (b) the Chief Justice of Pakistan is absent or is un- able to perform the functions of his office due to any other cause, _ the President shall appoint the most senior of the other Judges of the Supreme Court to act as Chief Justi Pakistan. . e of A [Past I THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 293 181.—(1) At any time when— (a) the office of a Judge of the Supreme Court is vacant ; or (b) a Judge of the Supreme Court is absent or is unable to perform the functions of his office due to any other cause, the President may, in the manner provided in clause (1) ‘of Article 177, appoint a Judge of a High Court who is qualified for appointment as a Judge of the Supreme Court to act temporarily as a Judge of the Supreme Court. (2) An appointment under this Article shall continue in force until it is revoked by the President. 182. If at any time it is not possible for want of quorum of Judges of the Supreme Court to hold or con- tinue any sitting of the Court, or for any other reason it is: necessary to increase temporarily the number of Judges of the Supreme Court, the


any sitting of the Court, or for any other reason it is: necessary to increase temporarily the number of Judges of the Supreme Court, the Chief Justice of Pakistan may, in. writing,— Acting Judges. Appointment of ad hoc Jud- Bes, (a) with the approval of the President, request any person who has held the office of a Judge of that Court and since whose ceasing to hold that office three years have not elapsed; or (b) with the approval of the President and with the consent of the Chief Justice of a High Court, require a Judge of that Court qualified for appointment as a Judge of the Supreme Court, to attend sittings of the Supreme Court as an ad hoc Judge for such period as may be necessary and while so attending an ad hoc Judge shall have the same power and jurisdic- tion as a Judge of the Supreme Court. 294 THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 [Parr ] Seat of the Supreme Court. Original juris- diction of Supreme Court, Appellate Jurisdiction ot Supreme Court re. 183.—(1) The permanent seat of the Supreme Court shall, subject to clause (3), be at Islamabad. (2) The Supreme Court may from time to time sit in such other places aS the Chief Justice of: Pakistan, with the approval of the President, may appoint. (3) Until provision is made for establishing the Supreme Court at Islamabad, the seat of the Court shall be at such place as the President may


Until provision is made for establishing the Supreme Court at Islamabad, the seat of the Court shall be at such place as the President may appoint. : 184.—(1) The Supreme Court shall, to the exclusion of every other court, have original jurisdiction in any dispute ‘between any two or more Governments. Explanation—In this clause, “ Governments ” means the Federal Government and the Provincial Governments. (2) ‘In the exercise of the jurisdiction conferred on it by clause (1), the Supreme Court shall pronounce declara- tory judgments only. (3) Without prejudice to the provisions of Article 199, the Supreme Court shall, if it considers that a question of public importance with reference to the enforcement of any of the Fundamental Rights conferred by Chapter 1 of Part IT is involved, have the power to make an order of the nature mentioned in the said Article. ; 185.—(1) Subject to this Article, the Supreme Court shall have jurisdiction to hear and determine appeals from - judgments, decrees, final orders or sentences of a High Court. (2) An appeal shall lie to the Supreme Court from any judgment, decree, final order or sentence of a High Court— (a) if the High Court has on appeal reversed ap order of acquittal of an accused person an y Fe ad part YJ rr" =—_—— (5) (c) (d) (e) (f) THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12. 1973 205 sentenced him to death or to transportation for life or imprisonment for life; or, on revision, has


GAZETTE OF PAKISTAN, EXTRA., APRIL 12. 1973 205 sentenced him to death or to transportation for life or imprisonment for life; or, on revision, has enhanced a sentence to a sentence as afore- said ; or if the High Court has withdrawn for trial before itself any case from any court sub- ordinate to it and has in such trial convicted the accused person and sentenced him as afore- said ; or if the High Court has imposed any punishment on any person for contempt-of the High Court ; or if the amount or value of the subject-matter of the dispute in the court of first instance was. and also in dispute in appeal is, not less than fifty thousand rupees or such other sum as may be specified in that behalf by Act of Parliament and the judgment, decree or final order appealed from has varied or set aside the judgment, decree or final order of the court immediately below ; or if the judgment, decree or final order invoives directly or indirectly some claim or question respecting property of the like amount or value and the judgment, decree or final order appealed from has varied or set aside the judgment, decree or final order of the court immediately below ; or if the High Court certifies that the case involves a substantial question of Jaw as to the inter- pretation of the Constitution. (3) An appeal to the Supreme Court from a judg- ment, decree, order or sentence


of Jaw as to the inter- pretation of the Constitution. (3) An appeal to the Supreme Court from a judg- ment, decree, order or sentence of a High Court in a case to which clause (2) does not apply shall lie only if the Supreme Court grants leave to appeal. 296: THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr ] ——__= = Prien juris- _ _ 186.—(1) If, at any time, the President considers that hints it is desirable to obtain the opinion of the Supreme Court on any question of law which he considers of public importance, he may refer the question to the Supreme Court for consideration. (2) The Supreme Court shall consider a question sq referred and report its opinion on the.question to the President. Issue and execu- 187.—(1) The Supreme Court shall have power to issue tion of pro- such directions, orders or decrees as may be necessary for cesses Of Sup- doing complete justice in any case or matter pending before ° it, including an order for the purpose of securing the atten- dance of any person or the discovery or production of any document. (2) Any such direction, order or decree shall be enforceable throughout Pakistan and shall, where it is to be executed in a Province, or a territory or an area not forming part of a Province but within the jurisdiction of the High Court of the Province, be executed as if it had been issued by the High Court of


Province but within the jurisdiction of the High Court of the Province, be executed as if it had been issued by the High Court of that Province. (3) If a question arises as to which High Court shall give effect to a direction, order or decree of the Supreme Court, the decision of the Supreme Court on the question shall be final. - Review of judg- 188. The Supreme Court shall have power, subject to: ments er orders the provisions of any Act of Parliament and of any rules Court P made by the Supreme Court, to review any judgment pro- nounced or any order made by it. Decisions of 189. Any decision of the Supreme Court shall, to the puereme mp extent that it decides a question of law or is based upon binding op Ofer or enunciates a principle of law, be binding on all other sles courts in Pakistan. — fe eel Ul THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 PAR = = a 196. All executive and judicial authorities throughout Action in aid of akistan shall act in aid of the Supreme Court. Supreme Court, 297 E 191. Subject to the Constitution and law, the Supreme Rules of pro- Court may make rules regulating the practice and procedure cedure, of the Court. CHAPTER 3.—THB HIGH CouRTs 192.—(1) A High Court shall consist of a Chief Justice Constitution of : and so many other Judges as may be determined by law High Court. or, until so


shall consist of a Chief Justice Constitution of : and so many other Judges as may be determined by law High Court. or, until so determined, as may be fixed by the President. (2) Notwithstanding anything contained in Article 175, any two Provinces may, with the consent of the President, ‘agree that there shall be a common High Court for the two Provinces, and the President shall establish a common High Court accordingly. Explanation.—The Sind and Baluchistan High Court as functioning immediately before the commencing day shall be deemed to have been established under this clause. (3) A High Court established under clause (2) shall have jurisdiction in both the Provinces for which it has been established. (4) The agreement referred to in clause (2) shall contain such incidental and consequential provisions, including Provisions relating to sharing of expenditure connected with the High Court, as may appear necessary or desirable lor giving effect to the purposes of the agreement and shall specify by which Governor any function which is to be discharged by the Governor of a Province under this Chapter shall be discharged in respect of the High Court, - and the Governor so specified shall have the power to dis- - Charge that function. Parle The jurisdiction of a High Court may, by Act of ino ent, be extended to any area in Pakistan not form- a 298 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 {Parr | | ————————————— Appointment of 193.—(1) A Judge of a High


Pakistan not form- a 298 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 {Parr | | ————————————— Appointment of 193.—(1) A Judge of a High Court shall be appointe Nes by the President after consultation— < (a) with the Chief Justice of Pakistan ; (b) with the Governor concerned; and (c) except where the appointment is that of Chief Justice, with the Chief Justice of the High Court. ; (2) A person shall not be appointed a Judge of a High Court unless he is a citizen of Pakistan, is not less than forty years of age, and— (a) he has for a period of, or for periods aggregat- ing, not less than ten years been an advocate of a High Court (including a High Court which existed in Pakistan at any time before the com- mencing day) ; or (b) he is, and has for a period of not less than ten years been, a member of a civil service pres- cribed by law for the purposes of this para- graph, and has, for a period of not less than three years, served as or exercised the functions of a District Judge in Pakistan; or (c) he has, for a period of not less than ten years, held a judicial office in Pakistan. (3) In this Article, “ District Judge ” means Judge of a principal civil court of original jurisdiction. Oath of office. 194. Before entering upon office, the Chief Justice of a High Court shall make before


a principal civil court of original jurisdiction. Oath of office. 194. Before entering upon office, the Chief Justice of a High Court shall make before the Governor, and any other Judge of the Court shall make before the Chief Justice, oath in the form set out in the Third Schedule. vant , THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 Je a — 195. A Judge of a High Court shall hold office until Retiring age. . ne attains the age of sixty-two years, unless he sooner resigns oF 1s removed from office in accordance with the Constitution. 299 196. At any time when— Acting Chief (a) the office of Chief Justice of a High Court Yustice is vacant, or (b) the Chief Justice of a High Court is absent or is unable to perform the functions of his office due to any other cause, ’ the President shall appoint the most senior of the other Judges of the High Court to act as Chief Justice. 197. At any time when— Additional Judges. (a) the office of a Judge of a High Court is vacant; © Or (b) a Judge of a High Court is absent or is unable to perform the functions of his office due ‘to any other cause; or (c) for any reason it is necessary to increase the number of Judges of a High Court, the President may, in the manner provided in clause (1) of Article 193, appoint a person qualified for appoint- ment as


of a High Court, the President may, in the manner provided in clause (1) of Article 193, appoint a person qualified for appoint- ment as a Judge of the High Court to be Additional Judge of the Court for such period as the President may determine, being a period not exceeding such period, if any, as may be prescribed by law. -198. Each High Court in existence immediately before Seat of the High the commencing day shall continue to have its principal Cour. Seat at the place where it had such seat before.that day. 300 THE GAZETTE OF PAKISTAN, EXTRA. APRIL i2, 1973 [Parr ] ere ee —_ — Jurisdiction of 199,—(1) Subject to the’ Constitution, a° High Court High Court. may, if it is satisfied that no other adequate remedy is pro. - vided by law— | (a) on the application of any aggrieved party, make an order— . , (i) directing a person performing, within the 7 territorial jurisdiction of the Court, fune- tions in connection with the affairs of the. Federation, a Province or a local authority. to refrain from doing anything he is not permitted by law to do, or to do anything he is required by law to do; or (ii) declaring that any act done or proceeding . taken within the territorial jurisdiction of the Court by a person performing functions in connection with the affairs of the Federa- “tion, a Province or a local authority has been done or taken without lawful authority


performing functions in connection with the affairs of the Federa- “tion, a Province or a local authority has been done or taken without lawful authority and is of no legal effect; or ~ (b) on the application of any person, make an order— (i) directing that a person in custody within the ' territorial jurisdiction of the Court be brought before it so that the Court may Satisfy itself that .he is not being held in " - Custody without lawful authority or in an unlawful manner; or ~ (ii) requiring a person within~ the territorial ' Jurisdiction of the Court holding or pur- porting to hold a public office to show under what authority of law he claims to hold that office; or - —(c) on the application of any aggrieved person, make an erder giving such directions to anv person od parT Y] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 301 eae or authority, including any Government exercis- jing any power or performing any function in, or in relation to, any territory within the jurisdiction of that Court as may be appropriate for the enforcement of any of the Fundamental Rights conferred by Chapter | of Part II. (2) Subject to the Constitution, the right to move a High Court for the enforcement of any of the Fundamental Rights conferred by Chapter 1 of Part II shall not be . abridged. Oo _ (3) An order shall not be made under Clause (1) on - . application


1 of Part II shall not be . abridged. Oo _ (3) An order shall not be made under Clause (1) on - . application made by or in relation to a member of the Armed Forces of Pakistan in respect of his terms and condi- tions of service, in respect of any matter arising out of his service. or in respect of any action taken in relation to him as a member of the Armed Forces of Pakistan. (4) Where— (a) an application is made to a High Court for an order under paragraph (a) or paragraph (c) of clause (1), and (b) the making of an interim order would have the effect of prejudicing or interfering with the - carrying out of a public work or of otherwise being harmful to the public interest or of impeding the assessment or collection of - public revenues, 7 the Court shall not make an interim order unless the pres- cribed law officer has been given notice of the application and he or any person authorised by him in that behalf has had an opportunity of being heard and the Court, for reasons to be recorded in writing, is satisfied that the Interim order— Ds a (i) would not have such effect as aforesaid ; or © —- 302 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr ] a (ii) would have the effect of suspending an order ‘oy proceeding which on the face of the record js without jurisdiction.


1973 [Parr ] a (ii) would have the effect of suspending an order ‘oy proceeding which on the face of the record js without jurisdiction. (5) In this Article. unless the context otherwise Tequires,— “ person” includes any body politic or corporate, any authority of or under the control of the Federal Government or of a Provincial Govern- ment, and any Court or tribunal, other than the Supreme Court, a High Court or a Court or tribunal established under a law relating to the Armed Forces of Pakistan; and “prescribed law officer’ means— (a) in relation to an application affecting the Federal Government or an authority of or under the control of the Federal Government, the Attorney-General, and (b) in any other case, the Advocate-General for the | Province in which the application is made. Transfer of 200.—(1) The President may transfer a Judge of a High Court High Court from one High Court to another High Court. Judges. but no Judge shall be so transferred except with his consent and after consultation by the President with the Chief Justice of Pakistan and the Chief Justices of both High Courts. _ (2) When a Judge is so transferred, he shall. during the period for which he serves as a Judge of the High Court to which he is transferred, be entitled to such compensatory allowance, in addition to his salary, as the President may, by Order, determine. 2. part I] — THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 303


in addition to his salary, as the President may, by Order, determine. 2. part I] — THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 303 a 201. Subject to Article 189, any decision of a High Court shall, to the extent that it decides a question of law ‘s based upon OT enunciates a principle of law. be binding or al courts subordinate to it. 0 702. Subject to the Constitution and law, a High rt may make rules regulating the practice and procedure ° the Court or of any court subordinate to it. 0 203. Bach High Court shall supervise and control all ‘courts subordinate to it. CHAPTER 4.—GENERAL PROVISIONS RELATING TO THE . JUDICATURE 204.— (1) In this Article. “ Court’ means the Supreme Court or a High Court. (2) A Court shall have power to punish any person who— (a) abuses, interferes with or obstructs the process of the Court in any way or disobeys any order of the Court; or (b) scandalizes the Court or otherwise does anything which tends to bring the Court or a Judge in relation to his office into hatred, ridicule or contempt ; or does anything which tends to prejudice the determination of a matter pending before the. Court; or (d) does any other thing which. by law. constitutes Contempt of the Court. Explanation, ; ~-Fair comment made in good faith and the public inte ; rest on the working of the Court or any of Decision of High Court .


comment made in good faith and the public inte ; rest on the working of the Court or any of Decision of High Court . binding on sub- ordinate courts, Rules of pro- cedure. High Court to superintend sub- ordinate courts. Contempt of Court. “a? / 304 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parry ee —== its final decisions after the expiry of the period of limita. tion for appeal, if any, shall not constitute contempt of the Court. : (3) The exercise of the power conferred on a Court by this Article may be regulated by law and, subject to law, . by rules made by the Court. Remuneration, 205. The remuneration and other terms and conditions etc,, of Judges. of service of a Judge of the Supreme Court or of a High -- Court shall be as provided in the Fifth Schedule. — . Resignation. . 206. A Judge of the Supreme Court or of a High Court may resign his office by writing under his hand addressed to the President. 7. Judge not to 297.—(1) A Judge of the Supreme Court or of a High ee of Court shall not— ; (4) hold any other office of profit in the service of Pakistan if his remuneration is thereby increased ; or ‘ (6) occupy any other position carrying the Tight to remuneration for the rendering of services. (2) A person who has held office as a Judge of the Supreme Court or of a High


to remuneration for the rendering of services. (2) A person who has held office as a Judge of the Supreme Court or of a High Court shall not hold any office of profit in the service of Pakistan, not being a judicial or quasi-judicial office or the office of Chief Election Com- missioner or of Chairman or member of a law commission or of Chairman or member of the Council of Islamic Ideology, before the expiration of two years after he has ceased to hold that office, (3) A person who has held office as u perinanent Judge~ (a) of the Supreme Court, shall not plead or act fa any court or before any authority in Pakis- AR ; THE GAZETTE OF PAKISTAN, EXTRA, APRIL 12 —— , 1973 305 parT 1] (bo) of a High Court, shall not plead or act in any court or before any authority within its jurisdic- tion ; and (c) of the High Court of West Pakistan as it existed immediately before the coming into force of the Province of West Pakistan (Dissolution) Order, 1970, shall not plead or act in any cout or before any authority within the jurisdiction of the principal seat of that High Court or, as the case may be, the permanent bench of that High Court to which he was assigned. 2938: The Supreme Court, with the approval of the President and a High Court, with the approval of the Gover- nor concerned, may make rules providing for the


Court, with the approval of the President and a High Court, with the approval of the Gover- nor concerned, may make rules providing for the appoint- ment by the Court of officers and servants of the Court and for their terms and conditions of employment. 209.—(1) There shall be a Supreme Judicial Council of Pakistan, in this Chapter referred to as the Council. (2) The Council shall consist of— (a) the Chief Justice of Pakistan ; (6) the two next most senior J udges of the Supreme . Court; and (c) the two most senior Chief Justices of High Courts. _ Explanation.—For the purpose of this clause, the ler sé seniority of the Chief Justices of the High Courts shall be determined with reference to their dates of appoint- nent as Chief Justice, and in case the dates of such opoontment are the same, with reference to their dates appointment as Judges of any of the High Courts. SSE: Officers and © servants of Courts, Supreme Judicial Council, 306 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [PART ] a ee _ — (3) If at any time the Council is inquiring into the capacity or conduct of a Judge who is a member Of the Council, or a member of the Council is absent or is unable to act due to illness or any other cause, then— (a) if such member is a Judge of the Supreme Court, the Judge of the Supreme Court who js next in seniority


other cause, then— (a) if such member is a Judge of the Supreme Court, the Judge of the Supreme Court who js next in seniority below the Judges referred to in paragraph (b) of clause (2), and . (b) if such member is the Chief Justice of a High Court, the Chief Justice of another High Court who is next in seniority amongst the Chief, Justices of the remaining High Courts, shall act as a member of the Council in his place. (4) If, upon any matter inquired into by the Council, there is a difference of opinion amongst its members, the opinion of the majority shall prevail, and the report of the Council to the President shall be expressed in terms of the view of the majority. | (5) If, on information received from the Council or from any other source, the President is of the opinion that a Judge of the Supreme Court or of a High Court— (a) may be incapable of properly performing the duties of his office by reason of physical or mental incapacity ; or (b) may have been guilty of misconduct, the President shall direct the Council to inquire into the matter. (6) If, after inquiring into the matter, the Council reports to the President that it is of the opinion— » wv part I] 307 or THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 (a) that the Judge is incapable of performing the duties oi his office or has been guilty of


GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 (a) that the Judge is incapable of performing the duties oi his office or has been guilty of mis- conduct, and (b) that he should be removed from office, the President may remove the Judge from office. (7) A Judge of the Supreme Court or of a High Court shall not be removed from office except as provided by this » Article. (8) The Council shall issue a code of conduct to be observed by Judges of the Supreme Court and of the High . Courts. 210.-—(1) For the purpose of inquiring into any matter, power of the Council shall have the same power as the Supreme Council to Court has to issue directions or orders for securing the ealgree attend- attendance of any person or the discovery or production of ie person-, any document; and any such direction or order shall be ~ enforceable as if it had been issued by the Supreme Court. (2) The provisions of Article 204 shall apply to the Council as they apply to the Supreme Court and a High 211. The proceedings before the Council, its report Bar of juris- to the President and the removal of a Judge under clause (6) diction. of Article 209 shall not be called in question in any court. _ 212.—(1) Notwithstanding anything hereinbefore con- Goma tained, the appropriate Legislature may by Act establish punais. one or more Administrative Courts or Tribunals to exercise exclusive jurisdiction in respect of— (a)


Goma tained, the appropriate Legislature may by Act establish punais. one or more Administrative Courts or Tribunals to exercise exclusive jurisdiction in respect of— (a) matters relating to the terms and conditions of persons in the service of Pakistan, including disciplinary matters ; 308 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr | ee Chief Election Commissioner; a (6) matters relating to claims arising irom tortious acts of Government, or any person in the service of Pakistan, or of any local or Other authority empowered by law to levy any tax or cess and any servant of such authority act. ing in the discharge of his dities as such servant; or (c) matters relating to the acquisition, administra. tion and disposal of any property which ie deemed to be enemy property under any law. - (2) Notwithstanding anything hereinbefore contained where any Administrative Court or Tribunal is estab. lished under clause (1), no other court shall grant an. injunction, make any order or entertain any proceedings in respect of any matter to which the jurisdiction of such Administrative Court or Tribunal extends : Provided that the provisions of this clause shall not apply to an Administrative Court or Tribunal established under an Act of a Provincial Assembly unless, at the Tequest of that Assembly made in the form of a resolution, Parliament by law extends the provisions to such a Court or Tribunal. (3) An appeal to the Supreme Court from a judgment, decree, order or sentence of an


extends the provisions to such a Court or Tribunal. (3) An appeal to the Supreme Court from a judgment, decree, order or sentence of an Administrative Court or Tribunal shaJl lie only if the Supreme Court, being satisfied that the case involves a substantial question of law of public importance, grants leave to appeal. Part VII ELECTIONS CHAPTER 1.—CHIEF ELECTION COMMISSIONER AND ELECTION COMMISSIONS 213.—(1) There shall be a Chief Election Commissioner (in this Part referred to as the Commissioner), who sb be appointed by the President. rl THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 309 TT (2) No person shall be appointed to be Commissioner he is, or has been, a Judge of the Supreme Court or ess been, a Judge of a High Court and is qualified is, or paragraph (a) of clause (2) of Article 177 to be on pointed a Judge of the Supreme Court. (3) The Commissioner shall have such powers and functions as are conferred on him by the Constitution and law. : 214. Before entering upon office, the Commissioner Commissioner's shall make before the Chief Justice of Pakistan oath in the oath of office. > form set out in the Third Schedule. 215.—(1) The Cominissioner shall, subject to this Ce cule Or Article, hold office for a term of three years from the day ORIMIS CRED, be enters upon his office : Provided that the National Assembly may by resolu- tion extend the term of the Commissioner by a period not exceeding


enters upon his office : Provided that the National Assembly may by resolu- tion extend the term of the Commissioner by a period not exceeding one year. (2) The Commissioner shall not be removed from office except in the manner prescribed in Article 209 for the removal from office of a Judge and, in the application of the Article for the purposes of this clause, any reference in that Article to a Judge shall be construed as a reference to the Commissioner. (3) The Commissioner may. by writing under his hand addressed to the President, resign his office. 216.—(1) The Commissioner shall not— Commissioner (a) hol : . bot to hold a “f fy other office of profit in the service office of profit, (5) occupy any other position carrying the right to remuneration for the rendering of services. 310 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr ] —== (2) A person who has held office as Commissione shall not hold any office of profit in the service of Pakistan before the expiration of two years after he has ceased ty hold that office : Provided that— (a) this clause shall not be construed as preventing a person who was a Judge of the Supreme Court or of a High Court immediately before. his appointment as Commissioner from resum- ing his duties as such Judge on the expiration of his term as Commissioner ; and (b) a person who has held office as Commissioner’ may, with the concurrence


such Judge on the expiration of his term as Commissioner ; and (b) a person who has held office as Commissioner’ may, with the concurrence of both Houses, be reappointed to that office before the expiration of two years after he has ceased to hold that office. Acting Come : _ nissioner, 217. At any time when (a) the office of Commissioner is vacant, or (b) the Commissioner is absent or is unable to perform the functions of his office due to any other cause, a Judge of the Supreme Court nominated by the Chief Justice of Pakistan shall act as Commissoner. Election Com= 218.—(1) For the purpose of each general election to mission. the National Assembly and to a Provincial Assembly, an Election Commission shall be constituted in accordance with this Article. (2) The Election Commission shall consist of— (a) the Commissioner, who shall be Chairman of the Commission; and ~ part I] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 311 (b) two members, each of whom shall be a Judge of a High Court, appointed by the President after consultation with the Chief Justice of the High Court concerned and with the Commissioner. (3) It shall be the duty of the Election Commission constituted in relation to an election-to organize and con- duct the election and to make such arrangements as are necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with law, and that corrupt practices are guarded against. 219. The


necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with law, and that corrupt practices are guarded against. 219. The Commissioner shall be charged with the Duties of Com- duty of missioner. (a) preparing electoral rolls for election to the National Assembly and the Provincial Assem- blies, and revising such rolls annually ; (5) organizing and conducting election to the Senate or to fill casual vacancies in a House or a Provincial Assembly ; and (c) appointing Election Tribunals. 220. It shall be the duty of all executive authorities Executive autho: in the Federation and in the Provinces to assist the Com- rities to assist missioner and the Election Commission in the discharge Commission, etc. of his or their functions. 221. Until Parliament by law otherwise provides, the orcers and? Commissioner may, with the approval of the President. servants. make rules providing for the appointment by the Com- Mussioner of officers and servants to be employed in Connection with the functions of the Commissioner or an lection Commission and for their terms and conditions bf employment. 312 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr ] =— CHAPTER 2.—ELECTORAL LAWS AND CONDUCT OF ELECTions Rlectoral laws. 222. Subject to the Constitution, Parliament may by law provide for— (a) the allocation of seats in the National Assembly "as required by clauses (3) and (4) of Article 51; (b) the delimitation of constituencies by the Elec. tion Commission ; (c) the preparation of electoral rolls, the


clauses (3) and (4) of Article 51; (b) the delimitation of constituencies by the Elec. tion Commission ; (c) the preparation of electoral rolls, the require- ments as to residence in a constituency, the determination of objections pertaining to and the commencement of electoral rolls; ; (d) the conduct of elections and election petitions; the decision of doubts and disputes arising in connection with elections ; (e) matters relating to corrupt practices and other offences in connection with elections ; and (f) all other matters necessary for the due consti- tution of the two Houses and the Provincial Assemblies ; but no such law shall have the effect of taking away or abridging any of the powers of the Commissioner or an Election Commission under this Part. Bar against 223.—(1) No person shall, at the same time, be a ed member- member of— ship. (a) both Houses; or (b) a House and a Provincial Assembly; or (c) the Assemblies of two or more Provinces; of (d) a House or a Provincial Assembly in respect of more than one seat. (2) Nothing in clause (1) shall prevent a person from being a candidate for two or more seats at the same time, whether in the same body or in different bodies, but if he a part 1] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 ——$ 313 oo ———S——_—_—S== is elected to more than one seat he shall, within a period of thirty days alter the declaration of the result for


313 oo ———S——_—_—S== is elected to more than one seat he shall, within a period of thirty days alter the declaration of the result for the last such seat, resign all but one of his seats, and if he does not so resign, all the seats to which he has been elected shall become vacant at the expiration of the said period of thirty days except the seat to which he has been elected last or, if he has been elected to more than one seat on the same day, the seat for election to which his nomination was filed last. Explanation —In this clause, “body” means either House or a Provincial Assembly. (3) A person to whom clause (2) applies shall not take - a seat in either House or the Provincial Assembly to which he has been elected until he has resigned all but one of his seats. (4) Subject to clause (2), if a member of either House or of a Provincial Assembly becomes a candidate for a second seat which, in accordance with clause (1), he may not hold concurrently with his first seat, then his first seat shall become vacant as soon as he is elected to the second seat. 224.—(1) A general election to the National Assembly Time of election or a Provincial Assembly shall be held within a period of and bye election sixty days immediately preceding the day on which the term of the Assembly is due to expire, unless the Assembly


period of and bye election sixty days immediately preceding the day on which the term of the Assembly is due to expire, unless the Assembly has been sooner dissolved, and the results of the election wall be declared not later than fourteen days before that ay. (2) When the National Assembly or a Provincial Assembly is dissolved, a general election to the Assembly shall be held within a period of ninety days after the dis- Solution, and the results of the election shall-be declared voli than fourteen days after the conclusion of the Os, fi PAKISTAN, EXTRA., APRIL 12, 1973 [Parr ] —_—_—_— 314 THE GAZETTE OF in aki Election dispute Elections to be by secret ballot Provisions relae ting to the Holy Quran and Sun- aah. (3) An election to fill the seats in the Senate which are to become vacant on the expiration of the term of the members of the Senate shall be held not earlier than thirty days immediately preceding the day on which the vacancies are due to occur. (4) When, except by dissolution of the Nationa} Assembly or a Provincial Assembly, a seat in any such Assembly has become vacant not later than one hundred and twenty days before the term of that Assembly is due to expire, an election to fill the seat shall be held within sixty days from the occurrence of the vacancy. (5) When a seat in the Senate has become vacant, an election to fill the seat shall be


days from the occurrence of the vacancy. (5) When a seat in the Senate has become vacant, an election to fill the seat shall be held within thirty days from the occurrence of the vacancy. 225. No election to a House or a Provincial Assembly shall be called in question except by an election petition presented to such tribunal and in such manner as may be determined by Act of Parliament. 926. All elections under the Constitution, other than those of the Prime Minister and a Chief Minister, shall be by secret ballot. PART IX ISLAMIC PROVISIONS 227.—(1) All existing laws shall be brought in con- formity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah, in this Part referred to as the Injunctions of Islam, and no law shall be enacted which 1s repugnant to such Injunctions. (2) Effect shall be given to the provisions of clause (1) only in the manner provided in this Part. (3) Nothing in this Part shall affect the personal laws of non-Muslim citizens or their status as citizens. part UY | ae ee = {HE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 315 228.—(1) There shall be constituted within a period of ninety days from the commencing day a Council of Islamic Ideology, in this Part referred to as the Islamic Council. (2) The Islamic Council shall consist of such members, being not less than eight and not more than fifteen as the President may appoint from amongst


The Islamic Council shall consist of such members, being not less than eight and not more than fifteen as the President may appoint from amongst persons having know- leage of the principles and philosophy of Islam as enunci- ated in the Holy Quran and Sunnah, or understanding of the economic. political, legal or administrative problems of Pakistan. (3) While appointing members of the Islamic Council, the President shall ensure that— (a) so far as practicable various schools of thought are represented in the Council; (6) not less than two of the members are persons each of whom is, or has been a Judge of the Supreme Court or of a High Court ; (c) not less than four of the members are persons each of whom has been engaged, for a period of not less than fifteen years, in Islamic research or instruction ; and (dq) at least one member is a woman. (4) The President shall appoint one of the members referred to in paragraph (b) of clause (3) to be the Chair- man of the Islamic Council. (5) Subject to clause (6). a member of the Islamic Council shall hold office for a period of three years. (6) A «member may, by writing under his hand addres- sed to the President. resign his office or may be removed bv the President upon the passing of a resolution for his removal by a majority of the total membership of the Islamic Council. Composition, clc., of Islamic Council. 316 THE


passing of a resolution for his removal by a majority of the total membership of the Islamic Council. Composition, clc., of Islamic Council. 316 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 LPaRT | x —_——_— — aoe Tt Reference by Vatliament, etc., to Islamic Council. Functions of the Islamic Council, 229. The President or the Governor of a Province may, or if two-fifths of its total membership so requires, a House or a Provincial Assembly shall, refer to the Islamic Council for advice any question as to whether a proposed law is or is not repugnant to the Injunctions of Islam. 230.— (1). The functions of the Islamic Council shajj be— (a) to make recommendations to Parliament and ' the Provincial Assemblies as to the ways and means of enabling and encouraging the Muslims of Pakistan to order their lives individually and collectively in all respects in accordance with the principles and concepts of Islam as enuncia- ted in the Holy Quran and Sunnah; (b) to advise a House, a Provincial Assembly, the President or a Governor on any question referred to the Council as to whether a pro- posed law is or is not repugnant to the Injunc- tions of Islam; (c) to make recommendations as to the measures for bringing existing laws into conformity with the Injunctions of Islam and the stages by which such measures should be brought into effect ; and (dq) to compile in a suitable form, for the guidance of Parliament and the


by which such measures should be brought into effect ; and (dq) to compile in a suitable form, for the guidance of Parliament and the Provincial Assemblies, such Injunctions of Islam as can be given legisla- tive effect. (2) When, under Article 229, a question is referred by a House, a Provincial Assembly; the President or a Governor to the Islamic Council, the Council shall, within fifteen days thereof, inform the House, the Assembly, the President or the Governor, as the case may be, of the period within which the Council expects to be able to furnish that advice. part J] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 = 317 (3) Where a House, a Provincial Assembly, the President or the Governor, as the case may be, con- siders that, in the public interest, the making of the pro- osed law in relation to which the question arose should not be postponed until the advice of the Islamic Council is furnished, the law may be made before the advice is - furnished : Provided that, where a law is referred for advice to the Islamic Council and the Council advises that the law is repugnant to the Injunctions of Islam, the House or, as the case may be, the Provincial Assembly, the President or the Governor shall reconsider the law so made. (4) The Islamic Council shall submit its final report within seven years of its appointment, and shall submit an annual interim report. The report, whether interim or


Islamic Council shall submit its final report within seven years of its appointment, and shall submit an annual interim report. The report, whether interim or final, shall be laid for discussion before both Houses and each Provincial Assembly within six months of its receipt, and Parliament and the Assembly, after con- sidering the report, shall enact laws in respect thereof within ’ a period of two vears of the final report. 231. The proceedings of the Islamic Council shall be Rules of pro- regulated by rules of procedureto be made by the Council cedure. with the approval of the President. Parr X EMERGENCY PROVISIONS 232.—(1) If the President is satisfied that a grave Proclamation of emergency exists in: which the security of Pakistan, emergency on or any part thereof, is threatened by war or external ageres- ternal ong sion, or by internal disturbance beyond the power of a Pro- bance, etc. vincial Government to control, he may: issue a Proclama- ton of Bmergeney. 318 THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 [Pari ee (2) Notwithstanding anything in the Constitution, while a Proclamation of Emergency is in force,— (a) Parliament shall have power to make laws for (5) (c) a Province, or any part thereof, with respect to any matter enumerated in Part I of the Federg) Legislative List or the Concurrent Legislative List or with respect to any matter not enume. rated in either of those Lists, as if it were a matter specified in Part I of the


with respect to any matter not enume. rated in either of those Lists, as if it were a matter specified in Part I of the Federal Legisla- tive List ; the executive authority of the Federation shal] extended to the giving of directions to a Province as to the manner in which the executive autho- rity of the Province is to be exercised ; and the Federal Government may by Order assume to itself, or direct the Governor of a Province to assume on behalf of the Federal Govern- ment, all or any of the functions of the Govern- ment of the Province, and all or any of the powers vested in, or exercisable by, any body or authority in the Province other than the Pro- vincial Assembly, and make such incidental and consequential provisions as appear to the Federal Government to be necessary or desir- able for giving effect to the objects of the Proclamation, including provisions for suspend- ing, in whole or in part, the operation of any provisions of the Constitution relating to any body or authority in the Province : Provided that nothing in paragraph (c) shal! authorise the Federal Government to assume to itself. or direct the Governor of the Province to assume on its behalf, any of the powers vested in or exercisable by a High Court, or to suspend either in whole or in part the operation of any pro- visions of the Constitution relating to High Courts. Pari I] ee (3) The


suspend either in whole or in part the operation of any pro- visions of the Constitution relating to High Courts. Pari I] ee (3) The power of Parliament to make laws for a Pro- vince with respect to any matter shall include power to make laws conferring powers and imposing duties. or authorizing the conferring of powers and the imposition of duties upon the Federation, or officers and authorities of the Federation, as respects that matter. THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 319 (4) Nothing in this Article shall restrict the power of a provincial Assembly to make any law which under the Constitution it has power to make, but if any provision of a Provincial law is repugnant to any provision of an Act of Parliament which Parliament has under this Article power to make, the Act of Parliament, whether passed before or after the Provincial law, shall prevail and the Provincial law shall, to the extent of the repugnancy, but so long only as the Act of Parliament continues to have effect, be void. (5) A law made by Parliament, which Parliament would not but for the issue of a Proclamation of Emergency have been competent to make, shall, to the extent of the incompe- tency, cease to have effect on the expiration of a period of six months after the Proclamation of Emergency has ceased to be in force, except as respects things done or omitted to be done before the expiration of the said


Proclamation of Emergency has ceased to be in force, except as respects things done or omitted to be done before the expiration of the said period. (6) While a Proclamation of Emergency is in force, Parliament may by law extend the term of the National Assembly for a period not exceeding one year and hot extending in any case beyond a period of six months after the Proclamation has ceased to be in force. _, () A Proclamation of Emergency shall be laid before a joint sitting which shall be summoned by the President to net within thirty days of the Proclamation being issued and— (a) shall cease to be in force at the expiration of two months unless before the expiration of that period it has been approved by a resolution of the joint sitting ; and | {Parr | 320 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 Power to sus- pend Funda- mental Rights, etc., during emergency period. —— (b) may, by a resolution of a joint sitting, be conti. nued in force for a period not exceeding giz months at a time. (8) Notwithstanding anything contained in clause (7) jf the National Assembly stands dissolved at the time whep a Proclamation of Emergency is issued, the Proclamation shall continue in force for a period of four months but, if a general election to the Assembly is not held before the expiration of that period, it shall cease to be in force at the" expiration of that


election to the Assembly is not held before the expiration of that period, it shall cease to be in force at the" expiration of that period unless it has earlier been approved by a resolution of the Senate. 233.—(1) Nothing contained in Articles 15, 16, 17, 18, 19 and 24 shall, while a Proclamation of Emergency is in force, restrict the power of the State as defined in Article 7 to make any law or to take any executive action which it would, but for the provisions in the said Articles, be compe- tent to make or to take, but any law so made shall, to the extent of the incompetency, cease to have effect, and shall be deemed to have been repealed, at the time when the Proclamation is revoked or has ceased to be in force. (2) While a Proclamation of Emergency is in force, the President may, by Order, declare that the right to move any court for the enforcement of such of the Fundamental Rights conferred by Chapter 1 of Part II as may be specified in the Order, and any proceeding in any court which is for the enforcement, or involves the determl- nation of any question as to the infringement, of any of the Rights so specified, shall remain suspended for the period during which the Proclamation is in force, and any such Order may be made in respect of the whole or any part of Pakistan. (3) Every Order made under this Article


force, and any such Order may be made in respect of the whole or any part of Pakistan. (3) Every Order made under this Article shall, as sp as may be, be laid before a joint sitting for approval a0 f } - - toe lo — PaRT q] ee ———— —— os THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 —_— rr the provisions of clauses (7) and (8) of Article 232 shall apply to such an Order as they apply to a Proclamation of Emergency. 334,—(1) If the President, on receipt of a report from the Governor of a Province or otherwise, is satisfied that q situation has arisen in which the Government of the Pro- vince cannot be carried on in accordance with the provi- sions of the Constitution, the President may, or if a resolu- tion in this behalf 1s passed at a joint sitting shall, by Proclamation,— (a) assume to himself, or direct the Governor of the Province to assume on behalf of the President, all or any of the functions of the Government of the Province, and all or any of the powers vested in. or exercisable by, anybody or authority in the Province, other than the Provincial Assembly : (b) declare that the powers of the Provincial _ Assembly shall be exercisable by, or under the authority of, Parliament; and (c) make such incidental and consequential pro- visions as appear to the President to be necessary or desirable for giving effect to the


Parliament; and (c) make such incidental and consequential pro- visions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspend- ing in whole or in part the operation of any pro- visions of the Constitution relating to any body or authority in the Province : Provided that nothing in this Article shall authorise the President to assume to himself, or direct the Governor of the Province to assume on his behalf, any of the powers vested in, or exercisable by, a High Court, or to suspend either in whole or in part the operation of any provisions of the Constitution relating to High Courts. _ (2) The provisions of Article 105 shall not apply to the discharge by the Governor of his functions under clause (1). _ (3) A Proclamation issued under this Article shall be laid before a joint sitting and shall cease to be in force at the expiration of two months. umless before the expiration of that period it has been approved by resolution of the joint sitting and may by like resolution be extended Power to issue Proclamation in case of failure of Constitutional machinery ina Province, 3 5 2 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 (P x ART <, . Ueto ee ee em SS for a further period not exceeding two months at a time. but no such Proclamation shall in any case remain in force for more than


for a further period not exceeding two months at a time. but no such Proclamation shall in any case remain in force for more than six months. (4) Notwithstanding anything contained in Clause (3) if the National Assembly stands dissolved at the time When a Proclamation is issued under this Article, the Proclama. tion shall continue in force for a period of three Months but, if a general election to the Assembly is not held before the expiration of that period, it shall cease to be in force at the expiration of that period unless it has earlier been approved by a resolution of the Senate. " (5) Where by a Proclamation issued under this Article it has been declared that the powers of the Provincial Assem. bly shall be exercisable by or under the authority of Parlja. ment, it shall be competent— (a) to Parliament in joint sitting to confer on the President the power to make laws with Tespect to any matter within the legislative competence of the Provincial Assembly ; (6) to Parliament in joint sitting, or the President, when he is empowered under paragraph (a), to make laws conferring powers and imposing duties, or authorising the conferring of powers and the imposition of duties, upon the Federa- tion. or officers and authorities thereof : (c) to the President, when Parliament is not in ses- sion, to authorise expenditure from the Provin- cial Consolidated Fund. whether the expendi- ture is charged by the Constitution upon that Fund


not in ses- sion, to authorise expenditure from the Provin- cial Consolidated Fund. whether the expendi- ture is charged by the Constitution upon that Fund or not, pending the sanction of such ex- penditure by Parliament in joint sitting; and (/) to Parliament in joint sitting by resolution to sanction expenditure authorised by the President under paragraph (c). (6) Any Jaw made by Parliament or the President which Parliament or the President would not, but for the issue of 4 if — ———_ parT JJ _ __ THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 323 —_—- = er proclamation under this Article, have been competent to make, shall, to the extent of the incompetency, cease to have efiect on the expiration of a period of six months after the Proclamation under this Article has ceased to be in force, except as LO things, done or omitted to be done before the expiration of the said period. 735.—(1) If the President is satisfied that a situation has arisen whereby the economic life, financial stability or credit of Pakistan, or any part thereof, is threatened, he may, after consultation with the Governors of the Provinces or, as the case may be, the Governor of the Province con- cerned, by Proclamation make a declaration to that effect, and, while such a Proclamation is in force, the executive authority of the Federation shall extend to the giving of direc- tions to any Province to observe such principles oi financial propriety as may be


authority of the Federation shall extend to the giving of direc- tions to any Province to observe such principles oi financial propriety as may be specified in the directions, and to the giving of such other directions as the President may deem necessary in the interest of the economic life, financial stability or credit of Pakistan or any part thereof. (2) Notwithstanding anything in the Constitution, any such directions may include a provision requiring a reduc- tion of the salary and allowances of all or any class of persons serving in connection with the affairs of a Province. (3) While a Proclamation issued under this Article is in force, the President may issue directions for the reduction of the salaries and allowances of all or any class of persons serving in connection with the affairs of the Federation. (4) The provisions of clauses (3) and (4) of Arti- cle 234 shall apply to a Proclamation issued under this Article as they apply to a Proclamation issued under that Article. _236.—(1) A Proclamation issued under this Part may be varied or revoked by a subsequent Proclamation. (2) The validity of any Proclamation issued or Order made under this Part shall not be called in question in any ourt, Proclamation in case of finan- cial emergency, Revocation of Proclamation, eIc, 324 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr ] Parliament may make laws of indemnity, tc. Amendment of Constitution. Constitution amendment Bill. ——— 237. Nothing in the Constitution shall prevent


12, 1973 [Parr ] Parliament may make laws of indemnity, tc. Amendment of Constitution. Constitution amendment Bill. ——— 237. Nothing in the Constitution shall prevent Paria, ment from making any law indemnifying any person in the service of the Federal Government or a Provincial Govern, ment, or any other person, in respect of any act done jn connection with the maintenance or restoration of order in any area in Pakistan. PART XI AMENDMENT OF CONSTITUTION 238. Subject to this Part, the Constitution may be amended by Act of Parliament. 239.—(1) A Bill to amend the Constitution shall OTigi- * nate in the National Assembly and when the Bill has been passed by the votes of not less than two-thirds of the total membership of the Assembly it shall be transmitted to the Senate. (2) If the Bill is passed by the Senate by a majority of the total membership of the Senate it shall be presented to the President for assent. (3) If the Bill is passed by the Senate with amendments, it shall be reconsidered by the National Assembly ; and if the Bill as amended by the Senate is passed by the Assembly by the votes of not less than two-thirds of the total member- ship of the Assembly, it shall be presented to the President for assent. (4) If the Bill is not passed by the Senate within ninety days from the day of its receipt the Bill shall be deemed to have been rejected by the


not passed by the Senate within ninety days from the day of its receipt the Bill shall be deemed to have been rejected by the Senate. (5) The President shall assent to the Bill within seven days of the presentation of the Bill to him, and if he fails to do so he shall be deemed to have assented thereto at the expiration of that period. part J] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 325 ——O—or—=erea—oroao (6) When the President has assented to or is deemed to nave assented to the Bill, the Bill shall become Act of Parliament and the Constitution shall stand amended in accordance with the terms thereof. (7) A Bill to amend the Constitution which would have the effect of altering the limits of a Province shall not be passed by the National Assembly unless it has been approved by a resolution of the Provincial Assembly of that Province . passed by the votes of not less than two-thirds of the total . membership of that Assembly. PaRT XII MISCELLANEOUS CHAPTER 1.—SERVICES 240. Subject to the Constitution, the appointments to and the conditions of service of persons in the service of ’ Pakistan shall be determined— , (a) in the case of the services of the Federation, posts in connection with the affairs of the Federation and All-Pakistan Services, by or under Act of Parliament ; and (b) in the case of the services of a Province and posts in connection with the affairs


by or under Act of Parliament ; and (b) in the case of the services of a Province and posts in connection with the affairs of a Province, by or under Act of the Provincial Assembly. Explanation.—In this Article, “ All-Pakistan Service ” Means a service common to the Federation and the Pro- vinces, which was in existence immediately before the com- a mencing day or which may be created by Act of Parliament. Appointments to service of Pak- istan and condi- tions,of service. 326 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr 1 _ TI Existing rules, 241. Until the appropriate Legislature makes aq law etc., to continue. under Article 240, all rules and orders in force immediate, before the commencing day shall, so far as consistent the provisions of the Constitution, continue in force ang may be amended from time to time by the Federal G . OVern. ment or, as the case may be, the Provincial Governmen With Public Service vel 242.—(1) Parliament in relation to the affairs of the Commission. Federation, and the Provincial Assembly of a Province jn relation to the affairs of the Province, may, by law, provide’ for the establishment and constitution of a Public Service Commission. qa (2) A Public Service Commission shall perform such functions as may be prescribed by law. CHAPTER 2.—ARMED FORCES Command of 243.—(1) The Federal Government shall have control Armed Forces. and command of the Armed Forces. (2) The President shall subject to law, have power—


of 243.—(1) The Federal Government shall have control Armed Forces. and command of the Armed Forces. (2) The President shall subject to law, have power— (a) to raise and maintain the Military, Naval and Air Forces of Pakistan ; and the Reserves of such Forces ; (5) to grant Commissions in such Forces; and (c) to appoint the Chief of the Army Staff, the Chief of the Naval Staff and the Chief of the Air Staff, and determine their salaries and allowances, | Oath of Armed shall make Forces. 244, Every member of the Armed Force oath in the form set out in the Third Schedule. part J THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 320 945. The Armed Forces shall, under the directions of Functions of the Federal Government, defend Pakistan against exter- Armed Forces, nal aggression or threat of war, and, subject to law, act in aid of civil power when called upon to do so. CHAPTER 3.—TRIBAL “.26AS 146. In the Constitution, — Tribal Areas. (a) “ Tribal Areas ” means the areas in Pakistan which, immediatcly before the commencing day, were Tribal Areas, and includes— (i) the Tribal Areas of Baluchistan and the North-West Frontier Province; and (ii) the former States of Amb, Chitral, Dir and Swat; (b) “Provincially Administered Tribal Areas” means— (i) the districts of Chitral, Dir and Swat (which includes Kalam), Malakand Protected Area, : the Tribal Area adjoining Hazara district : and the former State of Amb; and (ii) Zhob district,


Swat (which includes Kalam), Malakand Protected Area, : the Tribal Area adjoining Hazara district : and the former State of Amb; and (ii) Zhob district, Loralai district (excluding ~ Duki Tehsil), Dalbandin Tehsil of Chagai district and Marri and Bugti tribal terri- tories of Sibi district ; and (c) “Federally Administered Tribal Areas” in- cludes— (i) Tribal Areas adjoining Peshawar district ; (ii) Tribal Areas adjoining Kohat district ; (iii) Tribal Areas adjoining Bannu district ; (iv) Tribal Areas adjoining Dera Ismail Khan district ; (v) Bajaur in Malakand Agency; 328 | THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 (arr y = eases — EST (vi) Mohmand Agency ; (vii) Khyber Agency ; (viii) Kurram Agency ; (ix) North Waziristan Agency; and (x) South Waziristan Agency. Administration 247.—(1) Subject to the Constitution, the €Xecutive oO rl authority of the Federation shall extend to the Federally . Administered Tribal Areas, and the executive authority of a Province shall extend to the Provincially Administered Tribal Areas therein. (2) The President may, from time to time, give such directions to the Governor of a Province relating to the whole or any part of a Tribal Area within the Province as he may deem necessary, and the Governor Shall, in the exercise of his functions under this Article, comply with such directions. (3) No Act of Parliament shall apply to any Federally Administered Tribal Area or to any part thereof, unless the President so directs, and no Act of Parliament or a Provin-


apply to any Federally Administered Tribal Area or to any part thereof, unless the President so directs, and no Act of Parliament or a Provin- cial Assembly shall apply to a Provincially Administered Tribal Area, or to any part thereof, unless the Governor of the Province in which the Tribal Area is situate, with the approval of the President, so directs; and in giving such a direction with respect to any law, the President or, as_ the Case may be, the Governor, may direct that the law shall, in its application to a Tribal Area, or to a specified part thereof, have effect subject to such exceptions and modifi- cations as may be specified in the direction. _ (4) Notwithstanding anything contained in the Consti- tution, the President may, with respect to any matter within the legislative competence of Parliament, and the Governor py) THE OACETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 39 part A) eee ee 4 Province, with the prior approval of the President, may, of h respect to any matter within the legislative compeiene: x th e Provincial Assembly make regulations for the peace an good government of a Provincially Administered Tribal ee or any part thereol, situated in the Province. (5) Notwithstanding anything contained in the Consti- tution, the President may, with respect to any matter, make regulations for the peace and good government of a Federally Administered Tribal Area or any part thereof, (6) The President may, at any time, by Order, direct that the


and good government of a Federally Administered Tribal Area or any part thereof, (6) The President may, at any time, by Order, direct that the whole or any part of a Tribal Area shall cease to be Tribal Area, and such Order may contain such inciden- ‘ al and consequential provisions as appear to the President to be necessary and proper : Provided that before making any Order under this clause, the President shall ascertain, in such manner as he considers appropriate, the views of the people of the Tribal Area concerned, as represented in tribal jirga. (7) Neither the Supreme Court nor a High Court shall exercise any jurisdiction under the Constitution in relation toa Tribal Area, unless Parliament by law otherwise provides : _ . Provided that nothing in this clause shall affect the jurisdiction which the Supreme Court or a High Court exercised in relation to a Tribal Area immediately before the commencing day. CHAPTER 4.—GBNERAL ' 248.— (1) The President, a Governor, the Prime Minis- Protection to “t, @ Federal Minister, a Minister of State, the Chief President, inpaicaes and a Provincial Minister shall not be answerable Minister, etc any court for the exercise of powers and performance of _ n ss . ° Clions of their respective offices or for any act done or dh 330 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr ] Legal proceed- ings. = purported to be done in the exercise of those powers and performance of those functions


EXTRA., APRIL 12, 1973 [Parr ] Legal proceed- ings. = purported to be done in the exercise of those powers and performance of those functions : Provided that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the Federation or a Province, (2) No criminal proceedings whatsoever shall be ingtj- tuted or continued against the President or a Governor jn any court during his term of office. (3) No process for the arrest or imprisonment of the President or a Governor shall issue from any court during - his term of office. (4) No civil proceedings in which relief is claimed against the President or a Governor shall be instituted during his term of office in respect of anything done or not done by him in his personal capacity whether before or after he enters upon his office unless, at least sixty days before the proceedings are instituted, notice in writing has been delivered to him, or sent to him in the manner prescribed by law, stating the nature of the proceedings, the cause of action, the name, description and place of residence of the party by whom the proceedings are to be instituted and the relief which the party claims. 249.—(1) Any legal proceedings which, but for the Constitution, could have been brought by or agaiust the Federation in respect of a matter which, immediately before the commencing day, was the responsibility of the Federa- tion and has, under