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Constitution of the Islamic Republic of Pakistan |
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PART XII
Miscellaneous
240. Appointment to service of Pakistan and conditions of service.
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 Majlis- e- Shoora (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 Provinces, which was in existence immediately before the commencing day or which may be created by Act of Majlis- e- Shoora (Parliament).
241. Existing rules, etc., to continue.
Until the appropriate Legislature makes a law under Article 240, all rules and orders in force immediately before the commencing day shall, so far as consistent with the provisions of the Constitution, continue in force and may be amended from time to time by the Federal Government or, as the case may be, the Provincial Government.
242. Public Service Commission.
(1) Majlis- e- Shoora (Parliament) in relation to the affairs of the Federation, and the Provincial Assembly of a Province in relation to affairs of a Province, may, by law, provide for the establishment and constitution of a Public Service Commission.
(1A)The Chairman of the Public Service Commission constituted in relation to the affairs of the Federation shall be appointed by the President in his discretion.
(2) A Public Service Commission shall perform such functions as may be prescribed by law.
243. Command of Armed Forces.
(1) The Federal Government shall have control and command of the Armed Forces.
(1A) Without prejudice to the generality of the foregoing provision, the Supreme Command of the Armed Forces shall vest in the President.
(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; and
(b) to grant Commissions in such Forces.
(3) The President shall, in consultation with the Prime Minister, appoint-(a) the Chairman, Joint Chiefs of Staff Committee;
(b) the Chief of the Army Staff;
(c) the Chief of the Naval Staff; and
(d) the Chief of the Air Staff,
and shall also determine their salaries and allowances.
244. Oath of Armed Forces.
Every member of the Armed Forces shall make oath in the form set out in the Third Schedule.
245. Functions of Armed Forces.
(1) The Armed Forces shall, under the directions of the Federal Government, defend Pakistan against external aggression or threat of war, and, subject to law, act in aid of civil power when called upon to do so.
(2) The validity of any direction issued by the Federal Government under clause (1) shall not be called in question in any court.
(3) A High Court shall not exercise any jurisdiction under Article 199 in relation to any area in which the Armed Forces of Pakistan are, for the time being, acting in aid of civil power in pursuance of Article 245:
Provided that this clause shall not be deemed to affect the jurisdiction of the High Court in respect of any proceeding pending immediately before the day on which the Armed Forces start acting in aid of civil power.
(4) Any proceeding in relation to an area referred to in clause (3) instituted on or after the day the Armed Forces start acting in aid of civil power and pending in any High Court shall remain suspended for the period during which the Armed Forces are so acting.
246. Tribal Areas.
In the Constitution,
(a) "Tribal Areas" means the areas in Pakistan which, immediately 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), the Tribal Area in Kohistan district, Malakand Protected Area, the Tribal Area adjoining Mansehra district and the former State of Amb; and
(ii) Zhob district, Loralai district (excluding Duki Tehsil), Dalbandis Tehsil of Chagai District and Marri and Bugti tribal territories of Sibi district; and
(c) Federally Administered Tribal Areas includes
(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 Agency;
(va) Orakzai Agency;
(vi) Mohmand Agency;
(vii) Khyber Agency;
(viii) Kurram Agency;
(ix) North Waziristan Agency, and
(x) South Waziristan Agency.
247. Administration of Tribal Areas.
(1) Subject to the Constitution, the executive 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 Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof, unless the President so directs, and no Act of Majlis-e-Shoora (Parliament) or a Provincial 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 modifications as may be specified in the direction.
(4) Notwithstanding anything contained in the Constitution, the President may, with respect to any matter within the legislative competence of Majlis-e-Shoora (Parliament), and the Governor of a Province, with the prior approval of the President, may, with respect to any matter within the legislative competence of the Provincial Assembly make regulations for the peace and good government of a Provincially Administered Tribal Area or any part thereof, situated in the Province.
(5) Notwithstanding anything contained in the Constitution, 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 whole or any part of a Tribal Area shall cease to be Tribal Area, and such Order may contain such incidental 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 to a Tribal Area, unless Majlis-e-Shoora (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.
248. Protection to President, Governor, Minister, etc.
(1) The President, a Governor, the Prime Minister, a Federal Minister, a Minister of State, the Chief Minister and a Provincial Minister shall not he answerable to any court for the exercise of powers and performance of functions of their respective offices or for any act done or 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 instituted or continued against the President or a Governor in 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 by 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. Legal proceedings.
(1) Any legal proceedings which, but for the Constitution, could have been brought by or against the Federation in respect of a matter which, immediately before the commencing day, was the responsibility of the Federation and has, under the Constitution, become the responsibility of a Province, shall be brought by or against the Province concerned; and if any such legal proceedings were pending in any court immediately before the commencing day then, in those proceedings, for the Federation the Province concerned shall, as from that day, be deemed to have been substituted.
(2) Any legal proceedings which, but for the Constitution, could have been brought by or against a Province in respect of a matter which, immediately before the commencing day, was the responsibility of the Province and has under the Constitution become the responsibility of the Federation, shall be brought by or against the Federation; and if any such legal proceedings were pending in any court immediately before the commencing day then, in those proceedings, for the Province the Federation shall, as from that day, be deemed to have been substituted.
250. Salaries, allowances, etc., of the President, etc.
(1) Within two years from the commencing day, provision shall be made by law for determining the salaries, allowances and privileges of the President, the Speaker and Deputy Speaker and a member of the National Assembly or a Provincial Assembly, the Chairman and Deputy Chairman and a member of the Senate, the Prime Minister, a Federal Minister, a Minister of State, a Chief Minister, a Provincial Minister and the Chief Election Commissioner.
(2) Until other provision is made by law,
(a) the salaries, allowances and privileges of the President, the Speaker or Deputy Speaker or a member of the National Assembly or a Provincial Assembly, a Federal Minister, a Minister of a State, a Chief Minister, a Provincial Minister and the Chief Election Commissioner shall be the same as the salaries, allowances and privileges to which the President, the Speaker or Deputy Speaker or member of the National Assembly of Pakistan or a Provincial Assembly, a Federal Minister, a Minister of State, a Chief Minister, a Provincial Minister or, as the case may be, the Chief Election Commissioner was entitled immediately before the commencing day; and
(b) the salaries, allowances and privileges of the Chairman, the Deputy Chairman, the Prime Minister and a member of the Senate shall be such as the President may by Order determine.
(3) The salary, allowances and privileges of a person holding office as
(a) the President;
(b) the Chairman or Deputy Chairman;
(c) the Speaker or Deputy Speaker of the National Assembly or a Provincial Assembly;
(d) a Governor;
(e) the Chief Election Commissioner; or
(f) the Auditor- General;
shall not be varied to his disadvantage during his term of office.
(4) At any time when the Chairman or Speaker is acting as President, he shall be entitled to the same salary, allowances and privileges as President but shall not exercise any of the functions of the office of Chairman or Speaker member of Majlis-e-Shoora (Parliament), or be entitled to salary, allowances or privileges as Chairman, Speaker or such a member.
251. National language.
(1) The National language of Pakistan is Urdu, and arrangements shall be made for its being used for official and other purposes within fifteen years from the commencing day.
(2) Subject to clause (1), the English language may be used for official purposes until arrangements are made for its replacement by Urdu.
(3) Without prejudice to the status of the National language, a Provincial Assembly may by law prescribe measures for the leaching, promotion and use of a Provincial language in addition to the National language.
252. Special provisions in relation to major ports and aerodromes.
(1) Notwithstanding anything contained in the Constitution or in any law, the President may, by public notification, direct that, for a period not exceeding three months from a specified date, a specified law, whether a Federal law or a Provincial law, shall not apply to a specified major port or major aerodrome, or shall apply to a specified major port or major aerodrome subject to specified exceptions or modifications.
(2) The giving of a direction under this Article in relation to any law shall not affect the operation of the law prior to the date specified in the direction.
253. Maximum limits as to property, etc.
(1) Majlis-e-Shoora (Parliament) may by law
(a) prescribe the maximum limits as to property or any class thereof which may be owned, held, possessed or controlled by any person; and
(b) declare that any trade, business, industry or service specified in such law shall be carried on or owned, to the exclusion complete or partial, of other persons, by the Federal Government or a Provincial Government, or by a corporation controlled by any such Government.
(2) Any law which permits a person to own beneficially or possess beneficially an area of land greater than that which, immediately before the commencing day, he could have lawfully owned beneficially or possessed beneficially shall be invalid.
254. Failure to comply with requirement as to time does not render an act invalid.
When any act or thing is required by the Constitution to be done within a particular period and it is not done within that period, the doing of the act or thing shall not be invalid or otherwise ineffective by reason only that it was not done within that period.
255. Oath of office.
(1) An oath required to be made by a person under the Constitution shall [267][preferably be made in Urdu or] a language that is understood by that person.
(2) Where, under the Constitution, an oath is required to be made before a specified person and, for any reason, it is impracticable for the oath to be made before that person, it may be made before such other person as may be nominated by that person.
(3) Where, under the Constitution, a person is required to make an oath before he enters upon an office, he shall be deemed to have entered upon the office on the day on which he makes the oath.
256. Private armies forbidden.
No private organization capable of functioning as a military organization shall be formed, and any such organization shall be illegal.
257. Provision relating to the State of Jammu and Kashmir.
When the people of the State of Jammu and Kashmir decide to accede to Pakistan, the relationship between Pakistan and the State shall be determined in accordance with the wishes of the people of that State.
258. Government of territories outside Provinces.
Subject to the Constitution, until Majlis-e-Shoora (Parliament) by law otherwise provides, the President may, by Order, make provisions for peace and good government of any part of Pakistan not forming part of a Province.
259. Awards.
(1) No citizen shall accept any title, honour or decoration from any foreign State except with the approval of the Federal Government.
(2) No title, honour or decoration shall be conferred by the Federal Government or any Provincial Government on any citizen, but the President may award decorations in recognition of gallantry, meritorious service in the Armed Forces, academic distinction or distinction in the field of sports or nursing], as provided by Federal law.
(3) All titles, honours and decorations awarded to citizens by any authority in Pakistan before the commencing day otherwise than in recognition of gallantry, meritorious service in the Armed Forces or academic distinction shall stand annulled.
260. Definitions.
(1) In the Constitution, unless the context otherwise requires, the following expressions have the meaning hereby respectively assigned to them, that is to say,
"Act of Majlis- e- Shoora (Parliament)" means an Act passed by Majlis-e-Shoora (Parliament) or the National Assembly and assented to, or deemed to have been assented to, by the President;
"Act of Provincial Assembly" means an Act passed by the Provincial Assembly of a Province and assented to, or deemed to have been assented to, by the Governor;
"agricultural income" means agricultural income as defined for the purpose of the law relating to income tax;
"Article" means Article of the Constitution;
"borrows" includes the raising of money by the grant of annuities, and "loans" shall be construed accordingly;
"Chairman" means the Chairman of the Senate and, except in Article 49, includes a person acting as Chairman of the Senate;
"Chief Justices", in relation to the Supreme Court or a High Court, includes the Judge for the time being acting as Chief Justice of the Court;"citizen" means a citizen of Pakistan as defined by law;
"clause" means clause of the Article in which it occurs;
"consultation" shall, save in respect of appointments of Judges of the Supreme Court and High Courts, mean discussion and deliberation which shall not be binding on the President.
"corporation tax" means any tax or income that is payable by companies and in respect of which the following conditions apply:
(a) the tax is not chargeable in respect of agricultural income;
(b) no deduction in respect of the tax paid by companies is, by any law which may apply to the tax, authorized to be made from dividends payable by the companies to individuals;
(c) no provision exists for taking the tax so paid into account in computing for the purposes of income tax the total income of individual receiving such dividends, or in computing the income tax payable by, or refundable to, such individuals;
"debt" includes any liability in respect of any obligation to repay capital sums by way of annuities and any liability under any guarantee, and "debt charges" shall be construed accordingly;
"estate duty" means a duty assessed on, or by reference to, the value of property passing upon death;
"existing laws" has the same meaning as in clause (7) of Article 268;
"Federal laws" means a law made by or under the authority of Majlis- e- Shoora (Parliament);
"financial year" means a year commencing on the first day of July;
"goods" includes all materials, commodities and articles;
"Governor" means the Governor of a Province and includes any person for the time being acting as the Governor of a Province;
"guarantee" includes any obligation undertaken before the commencing day to make payments in the event of the profits of an undertaking falling short of a specified amount;
"House" means the Senate or the National Assembly;
"Joint sitting" means a joint sitting of the two Houses;
"Judge" in relation to the Supreme Court or a High Court, includes the Chief Justice of the Court and also includes
(a) in relation to the Supreme Court, a person who is acting as a Judge of the Court; and
(b) in relation to the High Court, a person who is an Additional Judge of the Court;
"members of the Armed Forces" does not include persons who are not, for the time being, subject to any law relating of the members of the Armed Forces;
"net proceeds" means, in relation to any tax or duty, the proceeds thereof, reduced by the cost of collection, as ascertained and certified by the Auditor- General;
"oath" includes affirmation;
"Part" means Part of the Constitution;"pension" means a pension, whether contributory or not, of any kind whatsoever payable to, or in respect of, any person and includes retired pay so payable, a gratuity so payable, and any sum or sums so payable by way of the return, with or without interest thereon or any addition thereto, of subscriptions to a provident fund;
"person" includes any body politic or corporals;
"President" means the President of Pakistan and includes a person for the time being acting as, or performing the functions of, the President of Pakistan and, as respects anything required to be done under the Constitution before the commencing day, the President under the Interim Constitution of the Islamic Republic of Pakistan;
"Property" includes any right, title or interest in property, movable or immovable, and any means and instruments of production;
"Provincial law" means a law made by or under the authority of the Provincial Assembly;
"remuneration" includes salary and pension;
"Schedule" means Schedule to the Constitution;
"security of Pakistan" includes the safety, welfare, stability and integrity of Pakistan and of each part of Pakistan, but shall not include public safety as such;
"Service of Pakistan" means any service, post or office in connection with the affairs of the Federation or of a Province, and includes an All- Pakistan Service, service in the Armed Forces and any other service declared to be a service of Pakistan by or under Act of Majlis- e- Shoora (Parliament)] or of a Provincial Assembly, but does not include service as Speaker, Deputy Speaker, Chairman, Deputy Chairman, Prime Minister, Federal Minister, Minister of State, Chief Minister, Provincial Minister, Attorney-General, Advocate-General, Parliamentary Secretary or Chairman or member of a Law Commission, Chairman or member of the Council of Islamic Ideology, Special Assistant to the Prime Minister, Adviser to the Prime Minister, Special Assistant to Chief Minister, Adviser to a Chief Minister or member of a House or a Provincial Assembly;
"Speaker" means the Speaker of the National Assembly or a Provincial Assembly, and includes any person acting as the Speaker of the Assembly;
"taxation" includes the imposition of any tax or duty, whether general, local or special, and "tax" shall be construed accordingly;
"tax on income" includes a tax in the nature of an excess profits tax or a business profits tax
(2) In the Constitution "Act of Majlis-e-Shoora (Parliament)" or "Federal law" or "Act of Provincial Assembly" or "Provincial law" shall include an Ordinance promulgated by the President or, as the case may be, a Governor.
(3) In the Constitution and all enactments and other legal instruments, unless there is anything repugnant in the subject or context
(a) "Muslim" means a person who believes in the unity and oneness of Almighty Allah, in the absolute and unqualified finality of the Prophethood of Muhammad (peace be upon him), the last of the prophets, and does not believe in, or recognize as a prophet or religious reformer, any person who claimed or claims to be a prophet, in any sense of the word or of any description whatsoever, after Muhammad (peace be upon him); and
(b) "non- Muslim" means a person who is not a Muslim and includes a person belonging to the Christian, Hindu, Sikh, Buddhist or Parsi community, a person of the Quadiani Group or the Lahori Group who call themselves 'Ahmadis' or by any other name or a Bahai, and a person belonging to any of the Scheduled Castes.
261. Person acting in office not to be regarded as successor to previous occupant or office, etc.
For the purposes of the Constitution, a person who acts an office shall not be regarded as the successor to the person who held that office before him or as the predecessor to the person who holds that office after him.
262. Gregorian calendar to be used.
(1) For the purpose of the Constitution, period of time shall be reckoned according to the Gregorian calendar.
263. Gender and number.
(1) In the Constitution,
(a) words importing the masculine gender shall be taken to include females; and
(b) words in the singular shall include the plural, and words in the plural shall include the singular.
264. Effect or repeal of laws.
Where a law is repealed or is deemed to have been repealed, by, under, or by virtue of the Constitution, the repeal shall not except as otherwise provided in the constitution,
(a) revive anything not in force or existing at the time at which the repeal takes effect;
(b) affect the previous operation of the law or anything duly done or suffered under the law;
(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under the law;
(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the law; or
(e) affect any investigation legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment;
and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may he imposed, as if the law had not been repealed.
CHAPTER 6 - TITLE, COMMENCEMENT AND REPEAL
265. Title of Constitution and commencement.
(1) This Constitution shall be known as the Constitution of the Islamic Republic of Pakistan.
(2) Subject to clauses (3) and (4), the Constitution shall come into force on the fourteenth day of August, one thousand nine hundred and seventy three or on such earlier day as the President may, by notification in the official Gazette, appoint, in the Constitution referred to as the "commencing day."
(3) The Constitution shall, to the extent necessary
(a) for the constitution of the first Senate;
(b) for the first meeting of a House or a joint sitting to be held;
(c) for the election of the President and the Prime Minister to be held; and
(d) to enable any other thing to be done which, for the purposes of the Constitution, it is necessary to do before the commencing day,
come into force upon the enactment of the Constitution, but the person elected as President or Prime Minister shall not enter upon his office before the commencing day.
(4) Where by the Constitution a power is conferred to make rules or to issue orders with respect to the enforcement of any provision thereof, or with respect to the establishment of any Court or office, or the appointment of any Judge or office thereunder, or with respect to the person by whom, or the time when, or the place where, or the manner in which, anything is to be done under any such provisions, then that power may be exercised at any time between the enactment of the Constitution and its commencement.
266. Repeal.
The Interim Constitution of the Islamic Republic of Pakistan, together with the Acts and President's Orders making omissions from, additions to, modifications of, or amendments in, that Constitution is hereby repealed.
267. Power of president to remove difficulties.
(1) At any time before the commencing day, or before the expiration of three months from the commencing day, the President may, for the purpose of removing any difficulties, or for bringing the provisions of the Constitution into effective operation, by Order, direct that the provisions of the Constitution shall, during such period as may be specified in the Order, have effect, subject to such adaptations, whether by way of modification, addition or omission, as he may deem to be necessary or expedient.
(2) An Order made under clause (1) shall be laid before both Houses without undue delay, and shall remain in force until a resolution disapproving it is passed by each House or, in case of disagreement between the two Houses, until such resolution is passed at a joint sitting.
268. Continuance in force, and adaptation of certain laws.
(1) Except as provided by this Article, all existing laws shall, subject to the Constitution, continue in force, so far as applicable and with the necessary adaptations, until altered, repealed or amended by the appropriate Legislature.
(2) The laws specified in the Sixth Schedule shall not be altered, repealed or amended , expressly or impliedly, without the previous sanction of the President accorded after consultation with the Prime Minister:
Provided that the laws mentioned at entries 27 to 30 and entry 35 in the Sixth Schedule shall stand omitted after six years.
(3) For the purpose of bringing the provisions of any existing law into accord with the provisions of the Constitution (other than Part II of the Constitution), the President may by Order, within a period of two years from the commencing day, make such adaptation, whether by way of modification, addition or omission, as he may deem to be necessary or expedient, and any such Order may be made so as to have effect from such day, not being a day earlier than the commencing day, as may be specified in the Order.
(4) The President may authorise the Governor of a Province to exercise, in relation to the Province, the powers conferred on the President by clause (3) in respect of laws relating to matters with respect to which the Provincial Assembly has power to make laws.
(5) The powers exercisable under clauses (3) and (4) shall be subject to the provisions of an Act of the appropriate Legislature.
(6) Any court, tribunal or authority required or empowered to enforce an existing law shall, notwithstanding that no adaptations have been made in such law by an Order made under clause (3) or clause (4), construe the law with all such adaptations as are necessary to bring it into accord with the provisions of the Constitution.
(7) In this Article, "existing laws" means all laws (including Ordinances, Orders- in- Council, Orders, rules, by- laws, regulations and Letters Patent constituting a High Court, and any notifications and other legal instruments having the force of law) in force in Pakistan or any part thereof, or having extraterritorial validity, immediately before the commencing day.
Explanation:- In this Article, "in force", in relation to any law, means having effect as law whether or not the law has been brought into operation.
269. Validation of laws, acts, etc.
(1) All Proclamations, President's Orders, Martial Law Regulations, Martial Law Orders and all other laws made between the twentieth day of December, one thousand nine hundred and seventy one and the twentieth day of April, one thousand nine hundred and seventy- two (both days inclusive), are hereby declared notwithstanding any judgment of any Court, to have been validly made by competent authority and shall not be called in question in any court on any ground whatsoever.
(2) All orders made, proceedings taken and acts done by any authority, or by any person, which were made, taken or done, or purported to have been made, taken or done, between the twentieth day of December, one thousand nine hundred and seventy- one, and the twentieth day of April, one thousand nine hundred and seventy- two (both days inclusive) in exercise of the powers derived from any President's Orders, Martial low Regulations, Martial Law Orders, enactments, notifications, rules, orders or by-laws, or in execution of any orders made or sentences passed by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding any judgment of any count, be deemed to be and always to have been validly made, taken or done and shall not be called in question in any court on any ground whatsoever.
(3) No suit or other legal proceedings shall lie in any court against any authority or any person for or on account of or in respect of any order made, proceedings taken or act done whether in the exercise or purported exercise of the powers referred to in clause (2) or in execution of or in compliance with orders made or sentences passed in exercise or purported exercise of such powers.
270. Temporary validation of certain laws, etc.
(1) Majlis-e-Shoora (Parliament) may by law made in the manner prescribed for legislations for a matter in Part I of the Federal Legislative List validate all Proclamations, President's Orders, Martial Law Regulations, Martial Law Orders and other laws made between the twenty-fifth day of March, one thousand nine hundred and sixty- nine and the nineteenth day of December, one thousand nine hundred and seventy-one (both days inclusive).
(2) Notwithstanding a judgment of any court, a law made by Majlis-e-Shoora (Parliament) under clause (1) shall not be questioned in any court on any ground whatsoever.
(3) Notwithstanding the provisions of clause (1), and a judgment of any court to the contrary, for a period of two years from the commencing day, the validity of all such instruments as are referred to in clause (1) shall not be called in question before any court on any ground whatsoever.
(4) All orders made, proceedings taken and acts done by any authority, or any person, which were made, taken or done, or purported to have been made, taken or done, between the twenty- fifth day of March, one thousand nine hundred and sixty-nine and nineteenth day of December, one thousand nine hundred and seventy- one (both days inclusive), in exercise of powers derived from any President's Orders, Martial Law Regulations, Martial Law Orders, enactments, notifications, rules, orders or by-laws, or in execution of any order made or sentence passed by any authority in the exercise or purported exercise of power as aforesaid shall, notwithstanding any judgment of any court, be deemed to be and always to have been validly made, taken or done, so however that any such order, proceeding or act may be declared invalid by Majlis-e-Shoora (Parliament) at any time within a period of two years from the commencing day by resolution of both Houses, or in case of disagreement between the two Houses, by such resolution passed at a joint sitting and shall not be called in question before any court on any ground whatsoever.
270A. Affirmation of President's Orders, etc.
(1) The Proclamation of the fifth day of July, 1977, all President's Orders, Ordinances, Martial Law Regulations, Martial Law Orders, including the Referendum Order, 1984 (P. O. No. 11 of 1984), under which, in consequence of the result of the referendum held on the nineteenth day of December 1984, General Muhammad Zia- ul-Haq became the President of Pakistan on the day of the first meeting of the Majlis-e-Shoora (Parliament) in joint sitting for the term specified in clause (7) of Article 41, the Revival of the Constitution of 1973 Order, 1985 (P. O. No. 14 of 1985), the Constitution (Second Amendment) Order 1985 (P. O. No. 24 of 1985), and all other laws, made between the fifth day of July, 1977, and the date on which this Article comes into force are hereby affirmed, adopted and declared, notwithstanding any judgment of any court, to have been validly made by competent authority and, notwithstanding anything contained in the Constitution, shall not be called in question in any court on any ground whatsoever:
Provided that a President's Order, Martial Law Regulation or Martial Law Order made after the thirtieth day of September, 1985, shall be confined only to making such provisions as facilitate, or are incidental to, the revocation of the Proclamation of the fifth day of July, 1977.
(2) All order made, proceedings taken and acts done by any authority or by any person, which were made, taken or done, or purported to have been made, taken or done, between the fifth day of July, 1977, and the date on which this Article comes into force, in exercise of the powers derived from any Proclamation, President's Orders, Ordinances, Martial Law Regulations, Martial Law Orders, enactments, notifications, rules, orders or by-laws, or in execution of or in compliance with any order made or sentence passed by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding any judgment of any court, be deemed to be and always to have been validly made, taken or done and shall not be called in question in any court on any ground whatsoever.
(3) All President's Orders, Ordinances, Martial Law Regulations, Martial Law Orders, enactments, notifications, rules, orders or by-laws in force immediately before the date on which this Article comes into force shall continue in force until altered, repealed or amended by competent authority.
Explanation. In this clause, Competent authority means-
(a) in respect of President's Orders, Ordinances, Martial Law Regulations, Martial Law Orders and enactments, the Legislature; and
(b) in respect of notifications, rules orders and by-laws, the authority in which the power to made, alter, repeal or amend the same vests under the law.
(4) No suit, prosecution or other legal proceedings shall lie in any court against any authority or any person, for or on account of or in respect of any order made, proceedings taken or act done whether in the exercise or purported exercise of the powers referred to in clause (2) or in execution of or in compliance with orders made or sentences passed in exercise or purported exercise of such powers.
(5) For the purposes of clauses (1), (2) and (4), all orders made, proceedings taken, acts done or purporting to be made, taken or done by any authority or person shall be deemed to have been made, taken or done in good faith and for the purpose intended to be served thereby.
(6) Such of the President's Orders and Ordinances referred to in clause (1) as are specified in the Seventh Schedule may be amended in the manner provided for amendment of the Constitution, and all other laws referred to in the said clause may be amended by the appropriate Legislature in the manner provided for amendment of such laws.
Explanation. In this Article, "President's Orders" includes "President and Chief Martial Law Administrator's Orders" and "Chief Martial Law Administrator's Orders."
270-AA Validation and affirmation of laws, etc.
(1) The Proclamation of Emergency of the fourteenth day of October, 1999, all President's Orders, Ordinances, Chief Executive's Orders, including the Provisional Constitution Order No. 1 of 1999, the Oath of Office (Judges) Order, 2000 (No. 1 of 2000), Chief Executive's Order No. 12 of 2002, the amendments made in the Constitution through the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), the Legal Framework (Amendment) Order , 2002 (Chief Executive's Order No. 29 of 2002), the Legal Framework (Second Amendment) Order, 2002 (Chief Executive's Order No. 32 of 2002) and all other laws made between the twelfth day of October, one thousand nine hundred and ninety-nine and the date on which this Article comes into force (both days inclusive), having been duly made or accordingly affirmed, adopted and declared to have been validly made by the competent authority and notwithstanding anything contained in the Constitution shall not be called in question in any court or forum on any ground whatsoever.
(2) All orders made, proceedings taken, appointments made, including secondments and deputations, and acts done by any authority, or by any person, which were made, taken or done, or purported to have been made, taken or done, between the twelfth day of October, one thousand nine hundred and ninety-nine, and the date on which this Article comes into force (both days inclusive), in exercise of the powers derived from any Proclamation, President's Orders, Ordinances, Chief Executive's Orders, enactments, including amendments in the Constitution, notifications, rules, orders, bye-laws or in execution of or in compliance with any orders made or sentences passed by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding any judgment of any court, be deemed to be and always to have been validly made, taken or done and shall not be called in question in any court or forum on any ground whatsoever.
(3) All Proclamations, President's Orders, Ordinances, Chief Executive's Orders, laws, regulations, enactments, including amendments in the Constitution, notification, rules, orders or bye-laws in force immediately before the date on which this Article comes into force shall continue in force, until altered, repealed or amended by the competent authority.Explanation: In this clause," competent authority" means,-
(a) in respect of President's Orders, Ordinances, Chief Executive's Orders and enactments, including amendments in the Constitution, the appropriate Legislature; and
(b) in respect of notifications, rules, orders and bye-laws, the authority in which the power to make, alter, repeal or amend the same vests under the law.
(4) No suit, prosecution or other legal proceedings, including writ petitions, shall lie in any court or forum against any authority or any persons, for or on account of or in respect of any order made, proceedings taken or act done whether in the exercise or purported exercise of the powers referred to in clause (2) or in execution of or in compliance with orders made or sentences passed in exercise or purported exercise of such powers.
(5) For the purposes of clauses (1), (2) and (4), all orders made, proceedings taken , appointments made, including secondments and deputations, acts done or purporting to be made, taken or done by any authority or person shall be deemed to have been made, taken or done in good faith and for the purpose intended to be served thereby.
270B. Elections to be deemed to be held under Constitution.
Notwithstanding anything contained in the Constitution, the elections held under the Houses (of Parliament) and Provincial Assemblies (Elections) Order, 1977 and the Conduct of General Elections Order, 2002 (Chief Executive's Order No.7 of 2002), to the Houses and the Provincial Assemblies shall be deemed to have been held under the Constitution and shall have effect accordingly.
270C. Oath of office of Judges, etc.-
Notwithstanding anything contained in the Constitution, all persons appointed as Judges of the Supreme Court, High Courts and Federal Shariat Court who have taken oath under the Oath of Office (Judges) Order, 2000 (1 of 2002), or not having been given or taken oath under that Order have ceased to continue to hold the office of a Judge shall be deemed to have been appointed or ceased to continue to hold such office, as the case may be, under the Constitution and such appointment or cession of office shall have effect accordingly.
271. First National Assembly.
(1) Notwithstanding anything contained in the Constitution, but subject to Article 63, Article 64 and Article 223,-
(a) the first National Assembly shall consist of-:
(i) persons who have taken oath in the National Assembly of Pakistan existing immediately before the commencing day, and
(ii) the persons to be elected in accordance with law by the members of the Assembly to fill the seats referred to in clause (2A) of Article 51,
and, unless sooner dissolved, shall continue until the fourteenth day of August, one thousand nine hundred and seventy-seven; and reference to "total membership" of the National Assembly in the Constitution shall be construed accordingly;
(b) the qualifications and disqualifications for being elected and being a member of the first National Assembly shall, except in case of members filling casual vacancies, or to be elected to the additional seats referred to in clause (2A) of Article 51, after the commencing day, be the same as under the Interim Constitution of the Islamic Republic of Pakistan:
Provided that no person holding an office of profit in the service of Pakistan shall continue to be a member of the first National Assembly after the expiration of three months from the commencing day.
(2) If a person referred to in paragraph (a) of clause (1) is, immediately before the commencing day, also a member of a Provincial Assembly, he shall not take a seat in the National Assembly or the Provincial Assembly until he resigns one of his seats.
(3) A casual vacancy in a seat in the first National Assembly, including a vacancy in a seat in the National Assembly of Pakistan existing before the commencing day which was not filled before that day, caused by reason of death or resignation of a member or consequent upon his incurring a disqualification or ceasing to be a member as a result of the final decision of an election petition may be filled in the same manner in which it would have been filled before the commencing day.
(4) A person referred to in paragraph (a) of clause (1) shall not sit or vote in the National Assembly until he has made the oath prescribed by Article 65 and, if, without the leave of the Speaker of the National Assembly granted on reasonable cause shown, he fails to make the oath within twenty-one days from the day of the first meeting of the Assembly, his seat shall become vacant at the expiration of that period.
272. First constitution of Senate
Notwithstanding anything contained in the Constitution, but subject to Article 63 and Article 223,
(a) the Senate shall, until the first National Assembly under the Constitution continues in existence, consist of forty-five members and the provisions of Article 59 shall have effect as if, in paragraph (a) of clause (1) thereof, for the word "fourteen" the word "ten" and in paragraph (b) of that clause for the word "five" the word "three", were substituted, and reference to "total memberships" of the Senate in the Constitution shall be construed accordingly,
(b) the members elected or chosen as members of the Senate shall be divided into two groups by drawing of lots, the first group consisting of five members from each Province, two members from the Federally Administered Tribal Areas and one member from the Federal Capital and the second group consisting of five members from each Province one member from the said Areas and one member from the Federal Capital;
(c) the term of office of members of the first group and of the second group shall respectively be two years and four years;
(d) the term of office of persons elected or chosen to succeed the members of the Senate at the expiration of their respective terms shall be four years;
(e) the term of office of a person elected or chosen to fill a casual vacancy shall be the unexpired term of the member whose vacancy he is elected or chosen to fill;
(f) as soon as the first general election to the National Assembly is held, there shall be elected to the Senate four additional members from the Federally Administered Tribal Areas; and
(g) the term of office of such half of the members elected under paragraph (f) as may be determined by drawing of lots shall be the unexpired term of office of the members of the first group and the term of office of the other half shall be the unexpired term of the members of the second group.
273. First Provincial Assembly.
(1) Notwithstanding anything contained in the Constitution, but subject to Article 63, Article 64 and Article 223,
(a) the first Assembly of a Province under the Constitution shall consist of
(i) the members of the Assembly of that Province in existence immediately before the commencing day, and
(ii) the additional members to be elected in accordance with law by the members of the Assembly to fill the seats referred to in clause (3) of Article 106,
and, unless sooner dissolved, shall continue until the fourteenth day of August, one thousand nine hundred and seventy-seven; and reference to "total membership" of the Assembly of a Province in the Constitution shall be construed accordingly;
(b) the qualifications and disqualifications for membership of the first Assembly of a Province shall, except in case of members filling casual vacancies, or to be elected to the additional seats referred to in clause (3) of Article 106, after the commencing day, be the same as were provided in the Interim Constitution of the Islamic Republic of Pakistan:
Provided that no person holding an office of profit in the service of Pakistan shall continue to be a member of the Assembly after the expiration of three months from the commencing day.
(2) A casual vacancy in a seat in the first Assembly of a Province, including a vacancy in a seat in the Assembly of that Province in existence immediately before the commencing day which was not filled before that day, caused by reason of death or resignation of a member or consequent upon his incurring a disqualification or ceasing to be a member as a result of the final decision of an election petition may be filled in the same manner in which it would have been filled before the commencing day.
(3) A member referred to in paragraph (a) of clause (1) shall not sit or vote in the Provincial Assembly until he has made the oath prescribed by Article 65 read with Article 127 and, if, without leave of the Speaker of the Provincial Assembly granted on reasonable cause shown, he fails to make the oath within twenty- one days from the day of the first meeting of the Provincial Assembly, his seat shall become vacant at the expiration of that period.
274. Vesting or property, assets, rights, liabilites and obligations.
(1) All property and assets which, immediately before the commencing day, were vested in the President or the Federal Government shall, as from that day, vest in the Federal Government unless they were used for purposes which, on that day, became purposes of the Government of a Province, in which case they shall, as from that day, vest in the Government of the Province.
(2) All property and assets which, immediately before the commencing day, were vested in the Government of a Province, shall, as from that day, continue to be vested in the Government of that Province, unless they were used for purposes, which on that day, became purposes of the Federal Government in which case they shall, as from that day, vest in the Federal Government.
(3) All rights, liabilities and obligations of the Federal Government or of the Government of a Province, whether arising out of contract or otherwise, shall as from the commencing day, continue to be respectively the rights, liabilities and obligations of the Federal Government or of the Government of the Province, except that-
(a) all rights, liabilities and obligations relating to any matter which, immediately before that day, was the responsibility of the Federal Government, but which under the Constitution, has become the responsibility of the Government of a Province, shall devolve upon the Government of that Province; and
(b) all rights, liabilities and obligations relating to any matter which, immediately before that day, was the responsibility of the Government of a Province, but which under the Constitution, has become the responsibility of Federal Government, shall devolve upon the Federal Government.
275. Continuance in office of persons in service of Pakistan, etc.
(1) Subject to the Constitution and until law is made under Article 240 any person who, immediately before the commencing day, was in the service of Pakistan shall, as from that day, continue in the service of Pakistan on the same terms and conditions as were applicable to him under the Interim Constitution of the Islamic Republic of Pakistan immediately before that day.
(2) Clause (1) shall also apply in relation to a person holding office immediately before the commencing day as-
(a) Chief Justice of Pakistan or other Judge of the Supreme Court, or Chief Justice or other Judge of a High Court;
(b) Governor of a Province;
(c) Chief Minister of a Province;
(d) Speaker or Deputy Speaker of the National Assembly or a Provincial Assembly;
(e) Chief Election Commissioner;
(f) Attorney-General for Pakistan or Advocate-General for a Province;
(g) Auditor-General of Pakistan.
(3) Notwithstanding anything contained in the Constitution, for a period of six months from the commencing day, a Federal Minister or a Minister of State or the Chief Minister of a Province or a Provincial Minister may be a person who is not a member of Majlis-e-Shoora (Parliament) or, as the case may be, the Provincial Assembly of that Province; and such Chief Minister and Provincial Minister shall have the right to speak and otherwise take part in the proceedings of the Provincial Assembly or any committee thereof of which he may be named a member, but shall not by virtue of this clause be entitled to vote.
(4) Any person who under this Article, is continued in an office in respect of which a form of oath is set out in the Third Schedule shall, as soon as is practicable after the commencing day make before the appropriate person oath in that form.
(5) Subject to the Constitution and law
(a) all civil, criminal and revenue Courts exercising jurisdiction and functions immediately before the commencing day shall, as from that day, continue to exercise their respective jurisdictions and functions; and
(b) all authorities and all offices (whether judicial, executive, revenue or ministerial) throughout Pakistan exercising functions immediately before the commencing day shall, as from that day, continue to exercise their respective functions.
276. Oath of first President.
Notwithstanding anything contained in the Constitution, the first President may, in the absence of the Chief Justice of Pakistan, make the oath referred to in Article 42 before the Speaker of the National Assembly.
277. Transitional, financial provisions.
(1) The schedule of authorized expenditure authenticated by the President for the financial year ending on the thirtieth day of June, one thousand nine hundred and seventy-four, shall continue to remain a valid authority for expenditure from the Federal Consolidated Fund for that year.
(2) The President may, in respect of expenditure of the Federal Government for any financial year preceding the Financial year commencing on the first day of July, one thousand nine hundred and seventy-three (being expenditure in excess of the authorized expenditure for that year), authorize the withdrawal of money from the Federal Consolidated Fund.
(3) The provisions of clauses (1) and (2) shall apply to and in relation to a Province, and for that purpose-
(a) any reference in those provisions to the President shall be read as a reference to the Governor of the Province;
(b) any reference in those provisions to the Federal Government shall be read as a reference to the Government of the Province; and
(c) any reference in those provisions to the Federal Consolidated Fund shall read as a reference to the Provincial Consolidated Fund of the Province.
278. Accounts not audited before commencing day.
The Auditor-General shall perform the same functions and exercise the same powers in relation to accounts which have not been completed or audited before the commencing day as, by virtue of the Constitution, he is empowered to perform or exercise in relation to other accounts, and Article 171 shall, with the necessary modifications, apply accordingly.
279. Continuance of taxes.
Notwithstanding anything contained in the Constitution, all taxes and fees levied under any law in force immediately before the commencing day shall continue to be levied until they are varied or abolished by Act of the appropriate Legislature.
280. Continuance of Proclamation of Emergency.
The Proclamation of Emergency issued on the twenty-third day of November, one thousand nine hundred and seventy-one, shall be deemed to be a Proclamation of Emergency issued under Article 232, and for the proposes of clause (7) and clause (8) thereof to have been issued on the commencing day, and any law, rule or order made or purporting to have been made in pursuance of that Proclamation shall be deemed to have been validly made and shall not be called in question in any court on the ground of inconsistency with any of the rights conferred by Chapter 1 of Part II.
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