Constitution Ofthe Islamic Republic of Pakistan as Amended by 18th Amendment

8/12/2019 Constitution Ofthe Islamic Republic of Pakistan as Amended by 18th Amendment

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(In the name of Allah, the Beneficent, and the Merciful)

THE CONSTITUTION OF THE ISLAMICREPUBLIC OF PAKISTAN

[12THAPRIL, 19!"

Preamble

Whereas sovereignty over the entire Universe belongs to Almighty Allah alone and the authority to be

exercised by the people of Pakistan within the limits prescribed by Him is a sacred trust;

And whereas it is the will of the people of Pakistan to establish an order:

Wherein the !tate shall exercise its powers and authority through the chosen representatives of the

people;

Wherein the principles of democracy" freedom" e#uality" tolerance and social $ustice" as enunciated by

%slam" shall be fully observed;

Wherein the &uslims shall be enabled to order their lives in the individual and collective spheres in

accordance with the teachings and re#uirements of %slam as set out in the Holy 'uran and !unnah;

Wherein ade#uate provision shall be made for the minorities freely to profess and practice their religionsand develop their cultures;

Wherein the territories now included in or in accession with Pakistan and such other territories as may

hereafter be included in or accede to Pakistan shall form a (ederation wherein the units will be

autonomous with such boundaries and limitations on their powers and authority as may be prescribed;

Wherein shall be guaranteed fundamental rights" including e#uality of status" of opportunity and before

law" social" economic and political $ustice" and freedom of thought" expression" belief" faith" worship and

association" sub$ect to law and public morality;

Wherein ade#uate provision shall be made to safeguard the legitimate interests of minorities and

backward and depressed classes;

Wherein the independence of the $udiciary shall be fully secured;

Wherein the integrity of the territories of the (ederation" its independence and all its rights" including its

sovereign rights on land" sea and air" shall be safeguarded;


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!o that the people of Pakistan may prosper and attain their rightful and honoured place amongst the

nations of the World and make their full contribution towards international peace and progress and

happiness of humanity:

)ow" therefore" we" the people of Pakistan"

*onscious of our responsibility before Almighty Allah and men;

*ongnisant of the sacrifices made by the people in the cause of Pakistan;

(aithful to the declaration made by the (ounder of Pakistan" 'uaidiA+am &ohammad Ali ,innah" that

Pakistan would be a democratic !tate based on %slamic principles of social $ustice;

-edicated to the preservation of democracy achieved by the unremitting struggle of the people against

oppression and tyranny;

%nspired by the resolve to protect our national and political unity and solidarity by creating an egalitariansociety through a new order;

-o hereby" through our representatives in the )ational Assembly" adopt" enact and give to ourselves" this

*onstitution.


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PART I-

INTRODUCTORY

/1. The Repbl!" a#$ !%& %err!%'r!e&. 0/1 Pakistan shall be a (ederal 2epublic to be known as the

%slamic 2epublic of Pakistan" hereinafter referred to as Pakistan.

34031 5he *onstitution shall apply to the following territories of Pakistan:

0a1 5he Provinces of 647aluchistan8" the 94hyber Pakhtunkhwa8" the Pun$ab and 4!indh8;

0b1 5he %slamabad *apital 5erritory hereinafter referred to as the (ederal *apital;

0c1 5he (ederally Administered 5ribal Areas; and

0d1 !uch !tates and territories as are or may be included in Pakistan" whether by accession or otherwise.

061 . )o.

/3=60%1D? dated 3@th -ecember" /@?" Ba+ette of Pakistan" Cxtraordinary" Part%%" page 6/?.3!ubs. by the *onstitution 0(irst Amdt.1 Act" /@=9 066 of /@=91" s. 3" for Eclauses 031" 061 and 091F 0w.e.f. the 9th &ay" /@=91.6!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3/ 0/ of 3/1" s. 6 for E7aluchistanF.9. !ubs. ibid." for E)orthWest(rontierF..!ubs. ibid." for E!indhFrder" /@? 0P.>. )>. /9 of /@?1" Art" 3 and !ch." for EParliamentF.=.)ew Article 3A ins. %bid.


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principle" from each according to his ability to each according to his work.

. 213. R!)h% ' !#$!,!$al& %' be $eal 4!%h !# a""'r$a#"e 4!%h la4&5 e%" -5o en$oy theprotection of law and to be treated in accordance with the law is the inalienable right of every citi+en"

wherever he may be and of every other person for the time being within Pakistan

031 %n particular

0a1 )o action detrimental to the life" liberty" body" reputation or property of any person shall be taken

except in accordance with law;

0b1 )o person shall be prevented from or be hindered in doing that which is not prohibited by law; and

0c1 )o person shall be compelled to do that which the law does not re#uired him to do.

6. L'7al%7 %' S%a%e a#$ 'be$!e#"e %' C'#&%!%%!'# a#$ la4.-0/1 Goyalty to the !tate is the basic duty

of every citi+en.

031 >bedience to the *onstitution and law is the /4inviolable8 obligation of every citi+en wherever he

may be and of every other person for the times being within Pakistan.

8. H!)h %rea&'#.340/1 Any person who abrogates or attempts or conspires to abrogate" subverts or

attempts or conspires to subvert the *onstitution by use of force or show of force or by otherunconstitutional means shall be guilty of high treason.

031 Any person aiding or abetting 64or collaborating8 the acts mentioned in clause 0/1 shall likewise be

guilty of high treason.

9403A1 An act of high treason mentioned in clause 0/1 or 031 shall not be validated by any court

including the !upreme *ourt and a High *ourt.

061 4&a$lise!hoora 0Parliament1 shall by law provide for the punishment of persons found

guilty of high treason.

/!ubs. by P.>. )o. /9 of /@?" Art. 3 and !ch." for EbasisF.3!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3/ 0/ of 3/1" s. 9 for Eclause 0/1F.6%ns. ibid"9)ew clause 03A1 ins. ibid.!ee footnote < on page " supra.


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PART II

F#$ame#%al R!)h%& a#$ Pr!#"!ple& ' P'l!"7

9. De!#!%!'# ' %he S%a%e. %n this Part" unless the context otherwise re#uires" Ithe !tateI means the

(ederal Bovernment" Parliament" a Provincial Bovernment" /4&a$lise!hoora 0Parliament18 a Provincial

Assembly" and such local or other authorities in Pakistan as are bylaw empowered to impose any tax orcess.

CHAPTER I.-FUNDAMENTAL RI:HTS

;. La4& !#"'#&!&%e#% 4!%h 'r !# $er')a%!'# ' F#$ame#%al R!)h%& %' be ,'!$-0/1 Any law" or any

custom or usage having the force of law" in so far as it is inconsistent with the rights conferred by this

*hapter" shall" to the extent of such inconsistency" be void.

031 5he !tate shall not make any law which takes away or abridges the rights so conferred and any law

made in contravention of this clause shall" to the extent of such contravention" be void.

061 5he provisions of this Article shall not apply to

0a1 any law relating to members of the Armed (orces" or of the police or of such

other forces as are charged with the maintenance of public order" for the purpose ofensuring the proper discharge of their duties or the maintenance of discipline

among them ; or

340b1 Any of the

0i1 Gaws specified in the (irst !chedule as in force immediately before the

commencing day or as amended by any of the laws specified in that !chedule;

0ii1 >ther laws specified in Part % of the (irst !chedule;8

/!ee footnote < on page " supra.3!ubs. by the *onstitution 0(ourth Amdt.1 Act" /@= 0=/ of /@=1" s. 3" for Eparagraph 0b1F" 0w.e.f. the 3/st)ovember" /@?1" which was

previously amended by Act 66 of /@=9" s.6" 0w.e.f. 9th&ay" /@=91.


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And neither such law nor any provision thereof shall be void on the ground that such law or provision is

inconsistent with" or repugnant to" any provision of this *hapter.

091 )otwithstanding anything contained in paragraph 0b1 of clause 061" within a period of two years from

the commencing day" the appropriate Gegislature shall bring the laws specified in /4Part %% of the (irst

!chedule8 into conformity with the rights conferred by this *hapter:

Provided that the appropriate Gegislature may by resolution extend the said period of two years by a

period not exceeding six months.

Explanation.- %f in respect of any law 34&a$lise!hoora 0Parliament18 is the appropriate Gegislature"

such resolution shall be a resolution of the )ational Assembly.

01 5he rights conferred by this *hapter shall not be suspended except as expressly provided by the

*onstitution.


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091 )o law providing for preventive detention shall be made except to deal with persons acting in a

manner pre$udicial to the integrity" security or defence of Pakistan or any part thereof" or external affairs

of Pakistan" or public order" or the maintenance of supplies or services" and no such law shall authorise

the detention of a person for a period exceeding /4three months8 unless the appropriate 2eview 7oard

has" after affording him an opportunity of being heard in person" reviewed his case and reported" beforethe expiration of the said period" that there is" in its opinion" sufficient cause for such detention" and" if

the detention is continued after the said period of one month" unless the appropriate 2eview 7oard hasreviewed his case and reported" before the expiration of each period of three months" that there is" in its

opinion" sufficient cause for such detention.

Explanation I###%n this Article" Ithe appropriate 2eview 7oardI means"

0i1 in the case of a person detained under a (ederal law" a 7oard appointed by the *hief ,ustice of

Pakistan and consisting of a *hairman and two other persons" each of whom is or has been a ,udge of

the !upreme *ourt or a High *ourt ; and

0ii1 %n the case of a person detained under a Provincial law" a 7oard appointed by the *hief ,ustice of theHigh *ourt concerned and consisting of a *hairman and two other persons" each of whom is or has been

a ,udge of a High *ourt.

Explanation II.- 5he opinion of a 2eview 7oard shall be expressed in terms of the views of the ma$ority

of its members.

01 When any person is detained in pursuance of an order made under any law providing for preventive

detention" the authority making the order shall" 34within fifteen days8 from such detention" communicate

to such person the grounds on which the order has been made" and shall afford him the earliest

opportunity of making a representation against the order"

Provided that the authority making any such order may refuse to disclose facts which such

_______________________________________________________________/!ubs. by the *onstitution 05hird Amdt.1 Act" /@= 033 of /@=1" s. 3" for Eone monthF 0w.e.f. the /6 th(ebruary" /@=1.3!ubs.ibid." for Eas soon as may be" but not later that one weekF 0w.e.f. the /6th(ebruary" /@=1.


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authority considers it to be against the public interest to disclose.

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061 )o child below the age of fourteen years shall be engaged in any factory or mine or any other

ha+ardous employment.

091 )othing in this Article shall be deemed to affect compulsory service

0a1 7y any person undergoing punishment for an offence against any law; or

0b1 2e#uired by any law for public purpose

Provided that no compulsory service shall be of a cruel nature or incompatible with human dignity.

1(. Pr'%e"%!'# a)a!#&% re%r'&pe"%!,e p#!&hme#%. 0/1 )o law shall authori+e the punishment of aperson

0a1 (or an act or omission that was not punishable by law at the time of the act or omission; or

0b1 (or an offence by a penalty greater than" or of a kind different from" the penalty prescribed by law for

that offence at the time the offence was committed.

031 )othing in clause 0/1 or in Article 3= shall apply to any lawmaking acts of abrogation or subversion

of a *onstitution in force in Pakistan at any time since the twenty third day of &arch" one thousand nine

hundred and fifty six" and an offence.

1/. Pr'%e"%!'# a)a!#&% $'ble p#!&hme#% a#$ &el !#"r!m!#a%!'#.)o person

0a1 !hall be prosecuted or punished for the same offence" more than once; or

0b1 !hall" when accused of an offence" be compelled to be a witness against himself.

1. I#,!'lab!l!%7 ' $!)#!%7 ' ma#5 e%". 0/1 the dignity of man and" sub$ect to law" the privacy ofhome" shall be inviolable.

031 )o person shall be sub$ected to torture for the purpose of extracting evidence.

16. Free$'m ' m',eme#%5 e%".Cvery citi+en shall have the right to remain in" and" sub$ect to any

reasonable restriction imposed by law in the public interest"


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enter and move freely throughout Pakistan and to reside and settle in any part thereof.

16. Freedom of assembly.- every citizen shall have the right to assemble peacefully andwithout arms, subject to any reasonable restrictions imposed by law in the interest of publicorder.

/419. Free$'m ' a&&'"!a%!'#.0/1 Cvery citi+en shall have the right to form associations or unions"

sub$ect to any reasonable restrictions imposed by law in the interest of morality or public order.

031 Cvery citi+en not being in the service of Pakistan shall have the right to form or be a member of a

political party" sub$ect to any reasonable restrictions imposed by law in the interest of the sovereignty or

the integrity of Pakistan and such law shall provide that where the (ederal Bovernment declares that any

political party has been formed or is operating in a manner pre$udicial to the sovereignty or integrity of

Pakistan" the (ederal Bovernment shall within fifteen days of such declaration" refer the matter to the

supreme court whose decisions on such reference shall be final.

061 Cvery political party shall account for the source of its funds in accordance with law.

1;. Free$'m ' %ra$e5 b&!#e&& 'r pr'e&&!'#. !ub$ect to such #ualifications" if any" as may be

prescribed by law" every citi+en shall have the right to enter upon any lawful profession or occupation"

and to conduct any lawful trade or business;

Provided that nothing in this Article shall prevent

0a1 5he regulation of any trade or profession by licensing system; or

0b1 5he regulation of trade" commerce or industry in the interest of free competition therein; or

0c1 the carrying on" by the (ederal Bovernment or a Provincial Bovernment" or by a corporation

controlled by any such Bovernment" of any trade" business"

_______________________________________________________________/!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3/ 0/ of 3/1" s.


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industry or service" to the exclusion" complete or partial" of other persons.

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0a1 no religious community or denomination shall be prevented from; providing religious instruction for

pupils of that community or denomination in any educational institution maintained wholly by that

community or denomination; and

0b1 no citi+en shall be denied admission to any educational institution receiving aid from public revenues

on the ground only of race" religion" caste or place of birth.

091 )othing in this Article shall prevent any public authority from making provision for the advancement

of any socially or educationally backward class of citi+ens.

(/. Pr',!&!'# a& %' pr'per%7. every citi+en shall have the right to .ac#uire" hold and dispose of property

in any part of Pakistan" sub$ect to the *onstitution and any reasonable restrictions imposed by law in thepublic %nterest.

(. Pr'%e"%!'# ' pr'per%7 r!)h%&. 0/1 )o person shall be deprived of Jhis property save in accordance

with law.

031 )o property shall be compulsorily ac#uired or taken possession of save for a public purpose" and

save by the authority of law which provides for compensation therefore and either fixes the amount ofcompensation or specifies the principles on and the manner in which compensation is to be determined

and given.

061 )othing in this Article shall affect the validity of

0a1 any law permitting the compulsory ac#uisition or taking possession of any property for preventing

danger to life" property or public health ; or

0b1 Any law permitting the taking over of any property which has been ac#uired by" or come into the

possession of" any person by any unfair means" or in any manner" contrary to law ; or

0c1 any law relating to the ac#uisition" administration or disposal of any property which is or is deemedto be enemy property or evacuee property under any law 0not being property which has ceased to be

evacuee property under any law1 ; or


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0d1 any law providing for the taking over of the management of any property by the !tate for a limitedperiod" either in the public interest or in order to secure the proper management of the property" or for

the benefit of its owner ; or

0e1 Any law providing for the ac#uisition of any class of property for the purpose of

0%1 Providing education and medical aid to all;K or any specified class of citi+ens; or

0ii1 providing housing and public facilities and services such as roads" water supply" sewerage" gas and

electric power to all or any specified class of citi+ens ; or

0iii1 Providing maintenance to those who" on account of unemployment" sickness" infirmity or old age"

are unable to maintain themselves; or

0f1 Any existing law or any law made in pursuance of Article 36.

091 5he ade#uacy or otherwise of any compensation provided for by any such law as is referred to in this

Article" or determined in pursuance thereof" shall not be called in #uestion in any *ourt.

(6. E>al!%7 ' "!%!?e#&. 0/1 all citi+ens are e#ual before law and are entitled to e#ual protection of law.

031 5here shall be no discrimination on the basis of sex/L.

061 )othing in this Article shall prevent the !tate from making any special provision for the protection of

women and children.

34(62A3. R!)h% %' e$"a%!'# - %hestate shall provide free and compulsory education to all children of

the age of five to sixteen years in such a manner as may be determined by laws.

/5he word EaloneF omitted by the *onstitution 0Cighteenth Amdt.1 Act" 3/ 0/ of 3/1" s. ?.3)ew Article 3A ins. %bid." s. @.


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(8. N'#-$!&"r!m!#a%!'# !# re&pe"% ' a""e&& %' pbl!" pla"e&.-0/1 %n respect of access to places ofpublic entertainment or resort" not intended for religious purposes only" there shall be no discrimination

against any citi+en on the ground only of race" religion" caste" sex" residence or place of birth.

031 )othing in clause 0/1 shall prevent the !tate from making any special provision for women and

children.

(9. Sae)ar$ a)a!#&% $!&"r!m!#a%!'# !# &er,!"e&.0/1 )o citi+en otherwise #ualified for appointment in

the service of Pakistan shall be discriminated against in respect of any such appointment on the ground

only of race" religion" caste" sex" residence or place of birth;

Provided that" for a period not exceeding /4forty8 years from the commencing" day" posts may be

reserved for persons belonging to any class or area to secure their ade#uate representation in the service

of Pakistan;

Provided further that" in the interest of the said service" specified posts or services may be reserved for

members of either sex if such posts or services entail the performance of duties and functions which

cannot be ade#uately performed by members of the other sex3

4:8

64Provided also that underrepresentation of any class or area in the service of Pakistan may be

redressed in such manner as may be determined by an Act of &a$lise!hoora 0Parliament1

031 )othing in clause 0/1 shall prevent any Provincial Bovernment" or" any local or other authority in a

Province from prescribing" in relation to any post or class of service under that Bovernment or authority"

conditions" as to residence in the Province" for a period not exceeding three years" prior to appointment

under that Bovernment or authority.

(;. Pre&er,a%!'# ' la#)a)e5 &"r!p% a#$ "l%re. !ub$ect to Article 3/ any section of citi+enshaving a distinct language" script or culture shall have the right to preserve and promote the same and

sub$ect to law" establish institutions for that purpose.

1.Subs. and shall be deemed always to have been so subs. by the Constitution Si!teenth "mendment# "ct, 1$$$ % of 1$$$#, s.&,for 'twenty(, which was previously subs. by ).*. +o. 1 of 1$ "rt. & and Sch., for 'ten(.&.Subs. by the Constitution /ighteenth "mdt.# "ct, &010 10 of &010#. S. 10 for the full-stop.+ew provisoins. %bid.


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CHAPTER (.-PRINCIPLES OF POLICY

(


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031 5he !tate shall endeavor" as respects the &uslims of Pakistan"

0a1 to make the teaching of the Holy 'uran and %slamiat compulsory" to encourage and facilitate the

learning of Arabic language and to secure correct and exact printing and publishing of the Holy 'uran;

0b1 5o promote unity and the observance of the %slamic moral standards and

0c1 5o secure the proper organisation of$a%at /4u&hr,8 a'uafand mos#ues.

/(. Pr'm'%!'# ' l'"al :',er#me#% !#&%!%%!'#&. 5he !tate shall encourage local Bovernment

institutions composed of elected representatives of the areas concerned and in such institutions special

representation will be given to peasants" workers and women.

//. Par'"h!al a#$ '%her &!m!lar pre+$!"e& %' be $!&"'ra)e$ - 5he !tate shall discourage parochial"

racial" tribal" sectarian and provincial pre$udices among the citi+ens.

/. Fll par%!"!pa%!'# ' 4'me# !# #a%!'#al l!e. !teps shall be taken to" ensure full participation ofwomen in all spheres of national life.

/6. Pr'%e"%!'# ' am!l75 e%". 5he !tate shall protect the marriage" the family" the mother and the child.

/8. Pr'%e"%!'# ' m!#'r!%!e&.- 5he !tate shall safeguard the legitimate rights and interests of minorities"

including their due representation in the (ederal and Provincial services.

/9. Pr'm'%!'# ' &'"!al +&%!"e a#$ era$!"a%!'# ' &'"!al e,!l&.- 5he !tate shall

0a1 Promote" with special care" the educational and economic interests of backward classes or areas;

0b1 2emove illiteracy and provide free and compulsory secondary education within minimum possible

period;

0c1 &ake technical and professional education generally available and higher education e#ually

accessible to all on the basis of merit;

/%ns. by P.>. )o. /9 of /@?" Art. 3 and !ch."


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0d1 Cnsure inexpensive and expeditious $ustice;

0e1 &ake provision for securing $ust and humane conditions of work" ensuring that children and women

are not employed in vocations unsuited to their age or sex" and for maternity benefits for women in

employment;

0f1 Cnable the people of different areas" through education" training" agricultural and industrial

development and other methods" to participate" fully in all forms of national activities" including

employment in the service of Pakistan;

0g1 Prevent prostitution" gambling and taking of in$urious drugs" printing" publication" circulation and

display of obscene literature and advertisements;

0h1 Prevent the consumption of alcoholic li#uor otherwise than for medicinal and" in the case of non

&uslims" religious purposes; and

0i1 decentralise the Bovernment administration so as to facilitate expeditious disposal of its business to

meet the convenience and re#uirements of the public.

/;. Pr'm'%!'# ' &'"!al a#$ e"'#'m!" 4ell-be!#) ' %he pe'ple. 5he !tate shall

0a1 secure the wellbeing of the people" irrespective of sex" caste" creed or race" by raising their standard

of living" by preventing the concentration of wealth and means of production and distribution in the

hands of a few to theJ detriment of general interest and by ensuring e#uitable ad$ustment of :rights

between employers and employees" and landlords and tenants ;

0b1 provide for all citi+ens" within the available resources of the country" facilities for work and ade#uate

livelihood with reasonable rest and leisure;

0c1 provide for all persons employed in the service of Pakistan or otherwise" social security by

compulsory social insurance or other means;

0d1 provide basic necessities of life" such as food" clothing" housing" education and medical relief" for all

such citi+ens" irrespective of sex" caste" creed or race"


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PART III THE FEDERATION OF PAKISTAN

CHAPTER 1.-THE PRESIDENT

1. The Pre&!$e#%.-0/1 5here shall be a President of Pakistan who shall be the Head of !tate and shall

represent the unity of the 2epublic.

031 A person shall not be #ualified for election as President unless he is a &uslim of not less than forty

five years of age and is #ualified to be elected as member of the )ational Assembly.

/4061 5he President shall be 3LLL elected in accordance with the provisions of the !econd !chedule by the

members of an electoral college consisting of

0a1 the members of both Houses; and

0b1 the members of the Provincial Assemblies

091 Clection to the office of President shall be held not earlier than sixty days and not later than thirty

days before the expiration of the term of the President in office

Provided that" if the election cannot be held within the period aforesaid because the )ational Assembly

is dissolved" it shall be held within thirty days of the general election to the Assembly.

01 An election to fill a vacancy in the office of President shall be held not later than thirty days from the

occurrence of the vacancy

Provided that" if the election cannot be held within the period aforesaid because the )ational Assemblyis dissolved" it shall be held within thirty days of the general election to the Assembly.

0. )o. /9 of /@?" Art. 3 and !ch." for Eclause 061F.3*ertain words omitted by the *onstitution 0Cighteenth Amdt.1 Act" 3/ 0/ of 3/1" s. /6.


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12 2 2 2 2 2 2

(. Oa%h ' Pre&!$e#%.-7efore entering upon office" the President shall make before the *hief ,ustice of

Pakistan oath in the form set out in the 5hird !chedule.

/. C'#$!%!'#& ' Pre&!$e#%@& '!"e 0/1 5he President shall not hold any office of profit in the service

of Pakistan or occupy any other position carrying the right to remuneration for the rendering of services.

031 5he President shall not be a candidate for election as a member of 34&a$lise!hoora 0Parliament18 or

a Provincial Assembly; and" if a member of 34&a$lise!hoora 0Parliament1 or a Provincial Assembly is

elected as President" his seat in 34&a$lise!hoora 0Parliament18 or" as the case may be" the Provincial

Assembly shall become vacant on the day he enters upon his office.

. Term ' '!"e 'r Pre&!$e#%.-0/1 !ub$ect to the *onstitution" the President shall hold office for a

term of five years from the day he enters upon his office

Provided that the President shall" notwithstanding the expiration of his term" continue to hold office until

his successor enters upon his office.

031 !ub$ect to the *onstitution" a person holding office as President shall be eligible for reelection to

that office" but no person shall hold that office for more than two consecutive terms.

061 5he President may" by writing under his hand addressed to the !peaker of the )ational Assembly"

resign his office.

/*lause 0=1 to 0@1 >mitted by the *onstitution 0Cighteenth Amdt.1 Act" 3/ 0/ of 3/1.s. /6.3!ee footnote < on page " supra.


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6. Pre&!$e#%@& p'4er %' )ra#% par$'#5 e%".- 5he President shall have power to grant pardon" reprieve

and respite" and to remit" suspend or commute any sentence passed by any *ourt" tribunal or other

authority.

/48. Pre&!$e#% %' be ep% !#'rme$. 5he Prime &inister shall keep the President informed on matters

of internal and foreign policy and on all legislative proposals the (ederal Bovernment intends to bring

before &a$lise!hoora 0Parliament1.8

9. Rem',al ' Pre&!$e#%.- 640/1 )otwithstanding anything contained in the *onstitution" the President

may be removed from office in accordance with the provisions of this Article on the ground of physical

or mental incapacity or @n a charge of violating the *onstitution or gross misconduct.

031 )ot less than one half of the total membership of either House may give to the !peaker of the

)ational Assembly or" as the case may be" the *hairman written notice of its intention to move a

resolution for the removal of the President; and such notice shall set out the particulars of his incapacity

or of the charge against him.

061 %f a notice under clause 031 is received by the *hairman" he shall transmit it forthwith to the !peaker.

091 5he !peaker shall" within three days of the receipt of a notice under clause 031 or clause 061" cause a

copy of the notice. to be transmitted to the President.

01 5he !peaker shall summon the two Houses to meet in a $oint sitting not earlier than seven days and

not later than fourteen days after the receipt of the notice by him.

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0=1 5he President shall have the right to appear and be represented during the investigation" if any" and

before the $oint sitting.

0?1 %f" after consideration of the result of the investigation" if any" a resolution is passed at the $oint

sitting by the votes of not less than two thirds of the total membership /4&a$lise!hoora 0Parliament18of

Parliament" declaring that the President is unfit to hold the office due to incapacity or is guilty of

violating the *onstitution or of gross misconduct" the President shall cease to hold office immediately on

the passing of the resolution.

34;. Pre&!$e#% %' a"% '# a$,!"e5 e%". 0/1 %n the exercise of his functions" the President shall act 64on

and8 in accordance with the advice of the *abinet 94or the Prime &inister8.

4Provided that 64within fifteen days8 the President may re#uire the *abinet or; as the case may be the

Prime &inister to reconsider such advice" either generally or otherwise" and the President shall 64within

ten days.8 act in accordance with the advice tendered after such reconsideration.8

031 notwithstanding anything contained in clause 0/1 the President shall act in his discretion in respect of

any matter in respect of which he is empowered by the *onstitution to do so


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1701 where the President dissolves the )ational Assembly notwithstanding anything contained in clause0/1" he shall"

0a1 appoint a date not later than ninety days from the date of the dissolution for the holding of a general

election to the Assembly; and

0b1 appoint a care taker *abinet.

/40F.8

0=1. An Act of &a$lise!hoora 0Parliament1 may lay down the procedure for the holding of a

referendum and compiling and consolidation of the result of a referendum.


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1[61. Na%!'#al A&&embl7.-0/1 5he )ational Assembly shall consist of two hundred members to beelected by direct and free vote in accordance with law.

031 A person shall be entitled to vote if

0a1 he is a citi+en of Pakistan;

0b1 he is not less than eighteen years of age;

0c1 his name appears on the electoral roll; and

0d1 he is not declared by a *ompetent *ourt to be of unsound mind;

061 5he seats in the )ational Assembly referred to in clause 0/1" except as provided in clause 091" shall be

allocated to each Province" the (ederally Administered 5ribal Areas and the (ederal *apital as under:

:e#eral Sea% 'me# T'%al

7aluchistan /9 6 /=

hyber Pkhtunkhwa 6 ? 96

Pun$ab /9? 6 /?6

!indh


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0


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6(. Dra%!'# ' Na%!'#al A&&embl7. 5he )ational Assembly shall" unless sooner dissolved" continuefor a term of five years from the day of its first meeting and shall stand dissolved at the expiration of its

term.

6/. Speaer a#$ Dep%7 Speaer ' Na%!'#al A&&embl7.-0/1 After a general election" the )ational

Assembly shall" at its first meeting and to the exclusion of any other business" elect from amongst itsmembers a !peaker and a -eputy !peaker and" so often as the office of !peaker or -eputy !peaker

becomes vacant" the Assembly shall elect another member am !peaker or" as the case may be" -eputy

!peaker.

031 7efore entering upon office" a member elected as !peaker or -eputy !peaker shall make before the)ational Assembly oath in the" form set out in the 5hird !chedule.

061 When the office of !peaker is vacant" or the !peaker is absent or is unable to perform his functions

due to any cause" the -eputy !peaker shall act as !peaker" and if" at that time" the -eputy !peaker is also

absent or is unable to act as !peaker due to any cause" such member as may be determined by the rules

of procedure of the Assembly shall preside at the meeting of the Assembly.

091 5he !peaker or the -eputy !peaker shall not preside at a meeting of the Assembly when a resolution

for his removal from office is being considered.

01 5he !peaker may" by writing under his hand addressed to the President" resign his office.

0


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0c1 he is removed from office by a resolution of the Assembly" of which not less than seven daysJ noticehas been given and which is passed by the votes of the ma$ority of the total membership of the

Assembly.

0?1 When the )ational Assembly is dissolved" the !peaker shall continue in his office till the person

elected to fill the office by the next Assembly enters upon his office.

/6. Smm'#!#) a#$ pr'r')a%!'# ' Parl!ame#%.-0/1 5he President may" from time to time" summon

either House or both Houses or 34&a$lise!hoora 0Parliament18 in $oint sitting to meet at such time and

place as he thinks fit and may alsoprorogue the same.

031 5here shall be at least 64three8 sessions of the )ational Assembly every year" and not more than one

hundred and twenty days shall intervene between the last sitting of the Assembly in one session and the

date appointed for its firstsitting in the next session;

Provided that the )ational Assembly shall meet for not less than one hundred and 94thirty8 working days

in each year.

4*+lanation in this clause Eworking daysF includes any day on which there is a $oint sitting and nay

period" not exceeding two days" for which the )ational Assembly is ad$ourned.8

061 >n a re#uisition signed by not less than one fourth of the total membership of the )ational

Assembly" the !peaker shall summon the )ational Assembly to meet" at such time and place as he thinks

fit" within fourteen days of the receipt of the re#uisition; and when the !peaker has summoned the

Assembly only he may prorogue it.

/Article 9" had" until the 6/st day of -ecember" /@=6 effect as if the proviso to clause 031 thereof were omitted. !ee the 2emoval of -ifficulties0!ittings of )ational Assembly1 >rder /@=6 P.>. /@=6 0P.>. )o. 36 of /@=61" Art.3.3!ee footnote < on page " supra.6!ubs. by P.>. )o. /9 of /@?" Art. 3 and !ch." for EtwoF.

9!ubs. by the *onstitution 05enth Amdt.1 Act. /@?= 0/ of /@?=1" s. 3" for EsixtyF which was previously amended by P.>. )o. /9 of /@?. Art. 3and !ch.Cxplanation added by the *onstitution 0(ourth Amdt.1 Act" /@= 0=/ of /@=1" s. < 0w.e.f. the 3/st )ovember" /@=1.


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66. '%!#) !# A&&embl7 a#$ >'rm.-0/1 !ub$ect to the *onstitution" all decisions of the )ationalAssembly shall be taken by ma$ority of the members present and voting" but the person presiding shall

not vote except fin the case of e#uality of votes.

031 %f at any time during a sitting of the )ational Assembly the attention" of the person presiding is

drawn to the fact that less than one fourth of the total membership of the Assembly is present" he shalleither ad$ourn the Assembly or suspend the meeting until at least one fourth of such membership is

present.

68. A$$re&& b7 Pre&!$e#%. /40/18 5he President may address either House or both Houses assembled

together and may for that purpose re#uire the attendance of the members.

/4031. 5he President may send messages to either House" whether with respect to a 7ill then pending in

the &a$lise!hoora0Parliament1 or otherwise and a House to which any message is so sent shall with all

convenient dispatch consider any matter re#uired by the message to be taken into consideration.

34061 at the commencement of the first session after each general election to the )ational Assembly and

at the commencement of the first session of each year the President shall address both Houses assembledtogether and inform the &a$lise!hoora 0Parliament1 of the causes of its summons.

091 provisions shall be made in the rules for regulating the procedure of a House and the conduct of its

business for the allotment of time for discussion of the matters referred to in the address of the President.

69. R!)h% %' &pea !# /*Ma+l!&-e-Sh''ra 2Parl!ame#%3. 5he Prime &inister" a (ederal &inister" a

&inister of !tate and the Attorney Beneral shall have the right to speak and otherwise take part in theproceedings of either House" or a $oint sitting or any committee thereof" of which he may be named a

member" but shall not by virtue of this Article be entitled to vote.

/2enumbered and added by P.>. )o. /9 of /@?" Art. 3 and !ch."3

!ubs. by the *onstitution 0Cighth Amdt.1 Act /@?. 0/? of /@?1" s. 9" for Eclause 061F.6!ee footnote < on page supra.


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1[6;. D!&&'l%!'# ' Na%!'#al A&&embl7.-0/1 5he President shall dissolve the" )ational Assembly if soadvised by the Prime &inister; and the )ational Assembly shall" unless sooner dissolved" stand

dissolved at the expiration of forty eight hours after the Prime &inister has so advised.

*+lanation. 2eference in this Article to IPrime &inisterI shall not be construed to include reference toa Prime &inister against whom a resolution for a vote of no confidence has been moved in the )ational

Assembly but has not been voted upon or against whom such a resolution has been passed or who iscontinuing in office after his resignation or after the" dissolution of the )ational Assembly

031 notwithstanding anything contained in clause 031 of Article 9?" the President may also dissolve the)ational Assembly in his discretion where a vote of noconfidence having been passed against the Prime

&inister no other member of the )ational Assembly commands the confidence of the ma$ority of the

members of the )ational Assembly in accordance with the provisions of the *onstitution as ascertained

in a session of the )ational Assembly summoned for the purpose.

(*6rder prescribe;

0c1 5wo on general seats" and one woman and one technocrat including aalimshall be elected from the

(ederal *apital in such manner as the President may" by >rder" prescribe;

0d1 (our women shall be elected by the members of each Provincial Assembly

0e1 (our technocrats including lemma shall be elected by the members of each Provincial Assembly;

and

/!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3/ 0/ of 3/1" s. /=" for EArticle ?F.3!ubs. ibid." s. /?" for EArticle @F.


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0f1 (our non &uslims" one from each Province shall be elected by the members of each Provincial

Assembly:

Provided that paragraph 0f1 shall be effective from the next !enate election after the commencement of

the *onstitution 0Cighteenth Amendment1 Act" 3/.

031 Clection to fill scats in the !enate allocated to each Province shall be held in accordance with thesystem of proportional representation by means of the single transferable vote.

JL 061 5he !enate shall not be sub$ect to dissolution but the term of its members" who shall retire asfollows" shall be six years:

0a1 of the members referred to in paragraph 0a1 of clause 0l1" seven shall retire after the expiration of the

first three years and seven shall retire after the expiration of the next three years;

0b1 of the members referred to in paragraph 0b1 of the aforesaid clause" four shall retire after the

expiration of the first three years and four shall retire after the expiration of the n Jxl three years;

0c1 of the members referred to in paragraph 0c1 of the aforesaid clause.

0i1 one elected on general seat shall retire after the expiration of the first three years and the other one

shall retire after the expiration of the next three years: and

0ii1 one elected on the seat reserved for technocrat shall retire after first three years and the one elected

on the scat reserved for woman shall retire after the expiration of the next three years;

0d1 of the members referred to in paragraph 0d1 of the aforesaid clause" two shall retire after the

expiration of the first three years and two shall retire after the expiration of the next three years;0e1 >f the members referred to in paragraph 0e1 of the aforesaid clause two


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shall retire after the expiration of the first three years and two shall retire after the expiration of the nextthree years; and

0f1 >f the members referred to in paragraph 0f1 of the aforesaid clause" two shall retireafter the expiration of first three years and two shall retire after the expiration of nextthree years:

Provided that the Clection *ommission for the first term of seats for non &uslims shall draw a lot as towhich two members shall retire after the first three years.

091 5he term of office of a person elected to fill a casual vacancy shall be the unexpiredterm of the member whose vacancy he has filled.

8=. Cha!rma# a#$ Dep%7 Cha!rma#.-0/1 After the !enate has been duly constituted" it shall" at its

first meeting and to the exclusion of any other business" elect from amongst its members a *hairman and

a -eputy *hairman and" so often as the office of *hairman or -eputy *hairman becomes vacant" the

!enate shall elect another member as *hairman or" as the case may be" -eputy *hairman.

031 5he term of office of the *hairman or -eputy *hairman shall be /4three8 years from the day on

which he enters upon his office.

81. O%her pr',!&!'#& rela%!#) %' Se#a%e- 5he provisions of clauses 031 to 0=1 of Article 6" clauses 031and 061 of Article 9 and Article shall apply to the !enate as they apply to the )ational Assembly

and" in their application to the !enate" shall have effect as if references therein to the )ational Assembly"

!peaker and -eputy !peaker" were references respectively" to the !enate *hairman and -eputy

*hairman 34and as if" in the proviso to the said clause 031 of Article 9" for the words 64one hundred and

thirty8 the words one hundred and ten were substituted8.

/!ubs. by the *onstitution 0Cight Amdt.1 Act" /@? 0/? of /@?1" s. =" for EtwoF.3Added by the *onstitution 0(irst Amdt.1 Act" /@=9 066 of /@=91" s. 0w.e.f. the /9th &ay" /@=91.6!ubs. by the *onstitution 05enth Amdt.1 Act" /@?= 0/ of /@?=1" s. 6" which was previously amended by P.>. )o. 39 of /@?" Art. 3.9!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3/ 0/ of 3/1" s. /@" for EninetyF


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/*8/. D!&>al!!"a%!'#& 'r member&h!p ' Parl!ame#%. 0/1 A person shall be dis#ualified from being

elected or chosen as" and from being" a &ember of Parliament" if

0a1 He is of unsound mind and has been so declared by a competent .*ourt; or

0b1 He is an undischarged insolvent; or

0c1 He ceases to be a citi+en of Pakistan" or ac#uires the citi+enship of a (oreign !tate; or

0d1 He holds any office of profit in the service of Pakistan other than an office declared by law not to

dis#ualify its holder; or

0e1 he is in the service of any statutory body or any body which is owned or controlled by theBovernment or in which theBovernment has a controlling share or interest; or

0f1 being a citi+en of Pakistan by virtue of section /97 of the Pakistan *iti+enship Act" /@/ 0%% of/@/1" he is for the time being dis#ualified under any law in force in A+ad ,ammu and ashmir from

being elected as a member of the Gegislative Assembly of A+ad ,ammu and ashmir; or

0g1 he has been convicted by a court of competent $urisdiction for propagating any opinion" or acting in

any manner" pre$udicial to the ideology of Pakistan" pr the sovereignty" integrity or security of Pakistan"

or the integrity. or independence of the $udiciary of Pakistan" or which defames or brings into ridicule

the $udiciary or the Armed (orces of Pakistan" unless a period of five years has lapsed since his release;

or

0h1 he has been" on conviction for any offence involving moral turpitude" sentenced to imprisonment for

a term of not less than two years" unless a period of five years has elapsed since his release; or

/!ub. by the *onstitution 0Cighteenth Amdt.1 Act" 3/ 0/ of 3/1" s. 3/" for EArticle


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0iii1 where he is a member of a Hindu undivided family and the contract has been entered into by any

other member of that family in the course of carrying on a separate business in which he has no

share or interest; or

*+lanation0 in this Article IgoodsI does not include agricultural produce or commodity grown or

produced by him or such goods as he is" under any directive of Bovernment or any law for the time

being in force. under a duty or obligation to supply; or

0m1 he holds any office of profit in the service of Pakistan other than the following offices" namely:

0i1 an office which is not whole time office remunerated either by salary or by fee;

0ii1 the office of Gumbardar. whether called by this or any other title;

0iii1 the 'aumi 2a+akars

0iv1 any office the holder whereof" by virtue of such office" is liable to be called up for military training

or military service under any law providing for the constitution or raising of a (orce; or

0n1 he has obtained a loan for an amount of two million rupees or more" from any bank" financial

institution" cooperative society or cooperative body in his own name or in the name of his spouse

or any of his dependents" which remains unpaid for more than one year from the due date" or has

got such loan written off; or

0o1 he or his spouse or any of his dependents has defaulted in payment of government dues

and utility expenses" including telephone. electricity" gas and water charges in excess of

ten thousand rupees" for over six months" at the time of filing his nomination papers; or


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0p1 he is for the time being dis#ualified from being elected or chosen as a member of the &a$lise!hoora 0Parliament1 or of a Provincial Assembly under any law for the time being in force.

)*+lanation,#1or the purposes of this paragraph " IlawI shall not include an >rdinancepromulgated under Article ?@ or Article /3?.

031 %f any #uestion arises whether a member of the &a$lise!hoora 0Parliament1 has becomedis#ualified from being a member" the !peaker or" as the case may be. the *hairman shall" unless he

decides that no such #uestion has arisen" refer the #uestion to the Clection *ommission within thirtydays and if he fails to do so within the aforesaid period it shall be deemed to have been referred to theClection *ommission.

061 5he Clection *ommission shall decide the #uestion within ninety days from its receipt or deemed tohave been received and if it is of the opinion that the member has become dis#ualified. he shall cease tobe a member and his seat shall become vacant.

/48/ 2A3. D!&>al!-!"a%!'# '# %he )r'#$& '- $e-e"%!'#. 0/1 %f a member of aParliamentary Party composed of a single political party in a House:

0a1 resigns from membership of his political party or $oins another Parliamentary Party; or

0b1 votes or abstains from voting in the House contrary to any direction issued by the ParliamentaryParty to which he belongs" in relation to

0i1 election of the Prime &inister or the *hief &inister; or

0ii1 a vote of confidence or a vote of noconfidence; or

0iii1 a &oney 7ill or a *onstitution 0Amendment1 7ill;

he may be declared in writing by the Party Head to have defected from the political party. and the Party

Head may forward a copy of the declaration to the Presiding >fficer and the *hief Clection

*ommissioner and shall similarly forward a copy thereof to the member concerned:

/!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3/ 0/ of 3/1" s. 33" for EArticle


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Provided that before making the declaration" the Party Head shall provide such member with anopportunity to show cause as to why such declaration may not be made against him.

*+lanation ###Part3 HeadI means any person" by whatever name called" declared as such by theParty.

031 A member of a House shall be deemed to be a member of a Parliamentary Party if he" having beenelected as a candidate or nominee of a political party which constitutes the Parliamentary Party in theHouse or" having been elected otherwise than as a candidate or nominee of a political party" has becomea member of such Parliamentary Party after such election by means of a declaration in writing.

061 Upon receipt of the declaration under clause 0/1" the Presiding >fficer of the House shallwithin two days refer" and in case he fails to do so it shall be deemed that he has referred" thedeclaration to the *hief Clection *ommissioner who shall lay the declaration before the Clection*ommission for its decision thereon confirming the declaration or otherwise within thirty daysof its receipt by the *hief Clection *ommissioner.

091 Where the Clection *ommission confirms the declaration" the member referred to in clause 0/1 shallcease to be a member of the House and his seat shall become vacant.

01 Any party aggrieved by the decision of the Clection *ommission may" within thirty day" prefer anappeal to the !upreme *ourt which shall decide the matter within ninety days from the date of the filingof the appeal.

0fficerI means the !peaker of the )ational Assembly" the *hairman of the !enate or the!peaker of the Provincial Assembly" as the case may be.


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0?1 Article


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Provided that any such law

0a1 &ay empower a *ourt to punish a person who refuses to give evidence or produce documents; and

0b1 !hall have effect sub$ect to such >rder for safeguarding confidential matters from disclosure as may

be made by the President.

091 5he provisions of this Article shall apply to persons who have the right to speak in and otherwise to

take part in the proceedings of /4&a$lise!hoora 0Parliament18 as they apply to members.

01 %n this Article" /4&a$lise!hoora 0Parliament18 means either House or a $oint sitting" or a committee

thereof.

Procedure Generally

89. Rle& ' pr'"e$re5 e%". 0/1 !ub$ect to the *onstitution" a House" nay make rules for regulating its

procedure and the conduct of its business" and shall have power to act notwithstanding any vacancy in

the membership thereof" and any proceedings in the House shall not be invalid on the ground that some

persons who were not entitled to do so sat" voted or otherwise took part in the proceedings.

031 Until rules are made under clause 0/1" the procedure and conduct of business in a House shall be

regulated by the rules of procedure made by the President.

8;. Re&%r!"%!'# '# $!&"&&!'# !# Ma+l!&-e-Sh''ra 2Parl!ame#%3.)o discussion shall take place in/4&a$lise!hoora 0Parliament18 with respect to the conduct of any ,udge of the !upreme *ourt or of a

High *ourt in the discharge of his duties.

8


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061 %n this Article" /4&a$lise!hooraF 0Parliament18 has the same meaning as in Article


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061 5he rules made under clause 0/1 shall be laid before a $oint sitting and may be added to" varied"

amended or replaced at a $oint sitting.

091 !ub$ect to the *onstitution" all decisions at a $oint sitting shall be taken by the votes of the ma$ority

of the members present and voting.

9/. Pr'"e$re 4!%h re&pe"% %' M'#e7 B!ll&.-

/

40/1 )otwithstanding anything contained in Article = orArticle =/" a &oney 7ill shall originate in the )ational Assembly

Provided that simultaneously when a &oney 7ill" including the (inance 7ill containing the Annual

7udget !tatement" is presented in the )ational Assembly a copy thereof shall be transmitted to the

!enate which may within fourteen days" make recommendations thereof to the )ational Assembly.

340/A1 the )ational Assembly shall consider the recommendations of the !enate and after 7ill has passed

by the Assembly with or without incorporating the recommendations of the !enate" it shall be presented

to the President for assent.8

6L L L L L L L

031 (or the purposes of this *hapter" a 7ill or amendment shall be deemed to be a &oney 7ill if it

contains provisions dealing with all or any of the following matters" namely :

0a1 5he imposition" abolition" remission" alteration or regulation of any tax;

0b1 5he borrowing of money" or the giving of any guarantee" by the (ederal Bovernment" or the

amendment of the law relating to the financial obligations of that Bovernment;

0c1 5he custody of the (ederal *onsolidated (und" the payment of moneys into" or the issue of moneys

from" that (und;

0d1 5he imposition of a charge upon the (ederal *onsolidated (und" or the abolition or alteration of any

such charge;

1Subs. by the Constitution /ighteenth "mdt.# "ct, &010 10 of &010#, s. &, for 'clause 1#(.&+ew clause 1"# ins., ibid./!isting clause 1"# stands omitted as conse8uence of the /ighteenth "mdt.# "ct, &010 10 of &010#, see section &.


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0e1 5he receipt of moneys on account of the Public Account of the (ederation" the custody or issue of

such moneys;

0f1 5he audit of the accounts of the (ederal Bovernment or a Provincial Bovernment; and

0g1 Any matter incidental to any of the matters specified in the preceding paragraphs.

061 A 7ill shall not be deemed to be a &oney 7ill by reason only that it provides

0a1 (or the imposition or alteration of any fine or other pecuniary penalty" or for the demand or payment

of a license fee or a fee or charge for any service rendered; or

0b1 (or the imposition" abolition" remission" alteration or regulation of any tax by any local authority or

body for local purposes.

091 %f any #uestion arises whether a 7ill is a &oney 7ill or not" the decision of the !peaker of the

)ational Assembly thereon shall be final.

01 Cvery &oney 7ill presented to the President for assent shall bear a certificate under the hand of the!peaker of the )ational Assembly that it is a &oney 7ill" and such certificate shall be conclusive for all

purposes and shall not be called in #uestion.

9. Fe$eral :',er#me#%@& "'#&e#% re>!re$ 'r !#a#"!al mea&re&.-A &oney 7ill" or a 7ill or

amendment which if enacted and brought into operation would involve expenditure from the (ederal

*onsolidated (und or withdrawal from the Public Account of the (ederation or affect the coinage or

currency of Pakistan or the constitution or functions of the !tate 7ank of Pakistan shall not be introduced

or moved in /4&a$lise!hoora 0Parliament18 except by or with the consent of the (ederal Bovernment.

/!ee footnote < on page " supra.


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/496. Pre&!$e#%G& a&&e#% %' B!ll&. 0/1 When a bill is presented to the President for assent the President

shall within 34ten8 days:

0a1 Assent to the bill; or

0b1 %n the case of a 7ill other than a &oney 7ill" return the 7ill to the &a$lise!hoora 0Parliament1 with

a message re#uesting that the 7ill or any specified provisions thereof" be considered and that anyamendment specified in the message be considered.

64031 when President has returned a 7ill to the &a$lise!hoora0Parliament1" it shall be reconsidered by

the &a$lise!hoora 0Parliament in $oint sitting and" if it is again passed" with or without amendment" by

the &a$lise!hoora 0Parliament1 by the votes of the ma$ority of the members of both Houses present andvoting" it shall be deemed for the purposes of the *onstitution to have been passed by both Houses and

shall be presented to the President and the President shall give his assent within ten days" failings which

assent be deemed to have been given.8

061 When the President has assented

9

4or is deemed to have assented8 to a 7ill" it shall become law andbe called an Act of &a$lise!hoora 0Parliament1.

091 )o Act of &a$lise!hoora 0Parliament1" and no provision in any such Act" shall be invalid by reason

only that some recommendation" previous sanction or consent re#uired by the *onstitution was not given

if that Act was assented to or deemed to have been assented to in accordance with the *onstitution.8

98. B!ll #'% %' lap&e '# pr'r')a%!'#5 e%". 0/1 A 7ill pending in either House shall not lapse by reason

of the prorogation of the House.

031 A 7ill pending in the !enate which has not been passed by the )ational Assembly shall not lapse on

the dissolution of the )ational Assembly.

061 A 7ill pending in the )ational Assembly" or a 7ill which having been passed by the )ational

Assembly is pending in the !enate" shall lapse on the dissolution of the )ational Assembly.

/!ubs by P.>. /9 of /@?" Art. 3 and !ch." for EArticle =F.3!ubs by the *onstitution 0Cighteenth Amdt.1 Act" 3/ 0/ of 3/1" s. 3


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99. Ta0 %' be le,!e$ b7 la4 '#l7.-)o tax shall be levied for the purposes of the (ederation except by or

under the authority of Act of /4&a$lise!hoora 0Parliament18.

Financial Procedure

9;. Fe$eral C'#&'l!$a%e$ F#$ a#$ Pbl!" A""'#%.-0/1 All revenues received by the (ederal

Bovernment" all loans raised by that Bovernment" and all moneys received by it in repayment of anyloan" shall form part of a consolidated fund" to be known as the (ederal *onsolidated (und.

031 All other moneys

0a1 2eceived by or on behalf of the (ederal Bovernment; or

0b1 2eceived by or deposited with the !upreme *ourt or any other *ourt established under the authority

of the (ederation;

!hall be credited to the Public Account of the (ederation.

9


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0b1 5he sums re#uired to meet other expenditure proposed to be made from the (ederal *onsolidated(und;

And shall distinguish expenditure on revenue account from other expenditure.

;1. E0pe#$!%re "har)e$ p'# Fe$eral C'#&'l!$a%e$ F#$. 5he following expenditure shall beexpenditure charged upon the (ederal *onsolidated (und:

0a1 5he remuneration payable to the President and other expenditure relating to his office" and the

remuneration payable to

0i1 5he ,udges of the !upreme *ourt;

0ii1 5he *hief Clection *ommissioner;

0iii1 5he *hairman and the -eputy *hairman;

0iv1 5he !peaker and the -eputy !peaker of the )ational Assembly;

0v1 the Auditor Beneral;

0b1 the administrative expenses" including the remuneration payable to officers and servants" of the

!upreme *ourt" the department of the Auditor Beneral and the office of the *hief Clection

*ommissioner and of the Clection *ommission and the !ecretariats of the !enate and the )ational

Assembly;

0c1 all debt charges for which the (ederal Bovernment is liable" including interest" sinking fund charges"

the repayment or amorti+ation of capital" and other expenditure in connection with the raising of loans"

and the service and redemption of debt on the security of the (ederal *onsolidated (und;

0d1 any sums re#uired to satisfy any $udgment" decree or award against Pakistan by any *ourt or

tribunal; and

0e1 any other sums declared by the *onstitution or by Act of /4&a$lise!hoora 0Parliament18 to be so

charged.

/!ee footnote < on page " supra.


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;(. Pr'"e$re rela%!#) %' A##al B$)e% S%a%eme#%.-2/1 !o much of the Annual 7udget !tatement as

relates to expenditure charged upon the (ederal *onsolidated (und may be discussed in" but shall not be

submitted to the vote of" the )ational Assembly.

031 !o much of the Annual 7udget !tatement as relates to other expenditure shall be submitted to the

)ational Assembly in the form of demands for grants" and the Assembly shall have power to assent to"

or to refuse to assent to" any demand" or to assent to any demand sub$ect to a reduction of the amount

specified therein;

Provided that" for a period of ten years from the commencing day or the holding of the second general

election to the )ational Assembly" whichever occurs later" a demand shall be deemed to have been

assented to without any reduction of the amount specified therein" unless" by the votes of a ma$ority of

the total membership of the Assembly" it is refused or assented to sub$ect to a reduction of the amount

specified therein.

061 )o demand for a grant shall be made except on the recommendation of the (ederal Bovernment.

;/. A%he#%!"a%!'# ' &"he$le ' a%h'r!&e$ e0pe#$!%re.-0/1 5he Prime &inister shall authenticate

by his signature a schedule specifying

0a1 the grants made or deemed to have been made by the )ational Assembly under Article ?3" and

0b1 the several sums re#uired to meet the expenditure charged upon the (ederal *onsolidated (und but

not exceeding" in the case of any sum" the sum shown in the statement previously laid before the

)ational Assembly.

031 5he schedule so authenticated shall be laid before the )ational Assembly" but shall not be open to

discussion or vote thereon.

061 !ub$ect to the *onstitution" no expenditure from the (ederal *onsolidated (und shall be deemed to

be duly authorised unless it is specified in the schedule so authenticated and such schedule is laid beforethe )ational Assembly as re#uired by clause 031.


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;. Sppleme#%ar7 a#$ e0"e&& )ra#%&. %f in respect of any financial year it is found

0a1 that the amount authori+ed to be expended for a particular service for the current financial year is

insufficient" or that a need has arisen for expenditure upon some new service not included in the Annual

7udget !tatement for that year ; or

0b1 that any money has been spent on any service during a financial year in excess of the amount granted

for that service for that year;

the (ederal Bovernment shall have power to authori+e expenditure from the (ederal *onsolidated (und"

whether the expenditure is charged by the *onstitution upon that (und or not" and shall cause to be laid

before the )ational Assembly a !upplementary 7udget !tatement or" as the case may be" an Cxcess

7udget !tatement" setting out the amount of that expenditure" and the provisions of Articles ? to ?6

shall apply to those statements as they apply to the Annual 7udget !tatement.

;6. '%e& '# a""'#%. )otwithstanding anything contained in the foregoing provisions relating to

financial matters" the )ational Assembly shall have power to make any grant in advance in respect of the

estimated expenditure for a part of any financial year" not exceeding four months" pending completion ofthe procedure prescribed in Article ?3 for the voting of such grant and the authentication of the schedule

of authori+ed expenditure in accordance with the provisions of Article ?6 in relation to the expenditure.

;8. P'4er %' a%h'r!?e e0pe#$!%re 4he# A&&embl7 &%a#$& $!&&'l,e$.)otwithstanding anything

contained in the foregoing provisions relating to financial matters" at any time when the )ational

Assembly stands dissolved" the (ederal Bovernment may authori+e expenditure from the (ederal *on

solidated (und in respect of the estimated expenditure for a period not exceeding four months in any

financial year" pending completion of the procedure prescribed in Article ?3 for the voting of grants and

the authentication of the schedule of authori+ed expenditure in accordance with the provisions of Article

?6 in relation to the expenditure.


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;9. Se"re%ar!a%& ' Parl!ame#%. 0/1 Cach House shall have a separate !ecretariat

Provided that nothing in this clause shall be construed as preventing the creation of posts common to

both Houses.

031/

4&a$lise!hoora 0Parliament18 may by law regulate the recruitment and the conditions of service ofpersons appointed to the secretarial staff of either House.

061 Until provision is made by /4&a$lise!hoora 0Parliament18 under clause 031" the !peaker or" as the

case may be" the *hairman may" with the approval of the President" make rules3regulating the

recruitment" and the conditions of service" of persons appointed to the secretarial staff of the )ational

Assembly .or the !enate.

;;. F!#a#"e C'mm!%%ee&.-0/1 5he expenditure of the )ational Assembly .and the !enate within

authorised appropriations shall be controlled" by the )ational Assembly or" as the case may be" the

!enate acting on the advice "of its (inance *ommittee.

031 5he (inance *ommittee shall consist of the !peaker or" as the case" may be; the *hairman" the&inister of (inance and such other members as: may b elected thereto by the )ational Assembly or" as

the case may be" she !enate.

061 5he (inance *ommittee may make rules6for regulating its procedure.

Ordinances

;rdinance as the circumstances may re#uire.

031 An >rdinance promulgated under this Article shall have the same force and effect as an Act of/4&a$lise!hoora 0Parliament18 and shall be sub$ect to like

/!ee footnote < on page " supra.3(or the )ational Assembly !ecretariat 02ecruitment1 2ules" /@=6" see Ba+. of Pak." /@=6" Cxt." Part%%" pp. 33=@33?. )o. 3 of /@?1" Art 3" for certain words.6!ubs by the *onstitution 0Cighteenth Amdt.1 Act" 3/ 0/ of 3/1" s. 3=" for Efour monthsF.9!ubs. ibid. for the semicolon.)ew provisos ins. ibid.. 3 of /@? Art 3 for certain words.=!ubs. by Act / of 3/" s. 3=. for E;andF.?)ew provisos ins. ibid.


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it shall stand repealed at the expiration of the extended period" or if before the

expiration of that period a resolution disapproving it is passed by a House upon

the passing of that resolution:

Provided that further that extension for a further period may be made only once;

and 8

0b1 may be withdrawn at any time by the President.

/4061 Without pre$udice to the provisions of clause 031"

0a1 an >rdinance laid before the )ational Assembly under subparagraph 0a1 of clause031 shall be

deemed to be a 7ill introduced in the )ational Assembly; and

0b1 an >rdinance laid before both Houses under subparagraph 0ii1 of paragraph 0a1 of clause 031 shall be

deemed to be a 7ill introduced in the House where it was first laid.

CHAPTER /.-THE FEDERAL :OERNMENT

3464


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031 5he )ational Assembly shall meet on the twenty five day following the day on which a general

election to the Assembly is held" unless sooner summoned by the President.

061 After the election of the !peaker and the -eputy !peaker" the )ational Assembly shall" to the

exclusion of any other business" proceed to elect without debate one of its &uslim members to be thePrime &inister.

091 5he Prime &inister shall be elected by the votes of the ma$ority of the total membership of the

)ational Assembly;

Provided that" if no member secures such ma$ority in the first poll" a. second poll shall be held between

the members who secure the two highest numbers of votes in the first poll and the member who secures a

ma$ority of votes of the members present and voting shall be declared to have been elected as Prime

&inister ;

Provided further that" if the number of votes secured by two or more members securing the highest

number of votes is e#ual" further poll shall be held between them until one of them secures a ma$ority ofvotes of the members present and voting.

01 5he member elected under clause 091 shall be called upon by the President to assume the office of

Prime &inister and be shall" before entering upon the office" make before the President oath in the form

set out in the 5hird !chedule.

0


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0?1 5he Prime &inister may by writing under his hand addressed to the President" resign his office.

0@1 A &inister who for any period of six consecutive months is not a member of the )ational

Assembly shall" at the expiration of that period. cease to be a &inister and shall not before thedissolution of that Assembly be again appointed a &inister unless he is elected a member ofthat Assembly:

Provided that nothing contained in this clause shall apply to a &inister who is member of the!enate.

0/1 )othing contained in this Article shall be construed as dis#ualifying the Prime &inister or any other

&inister or a &inister of !tate for continuing in office during any period during which the )ational

Assembly stands dissolved" or as preventing the appointment of any person as Prime &inister or other

&inister or a &inister of !tate during any such period.8


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061 5he (ederal &inister or &inisters of !tate may" by writing under his hand addressed

to the President" resign his office or may be removed from office by the President on the advice of the

Prime &inister.


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the federation shall extend to the matters with respect to which /4&a$lise!hoora 0Parliament1 haspower to make laws" including :ex excise of rights" authority and $urisdiction in and in relationto areas outside Pakistan; Provided that the said authority shall not" save as expressly providedin the *onstitution or in any law made by &a$lise!hoora 0Parliament18 extend in anyProvince to a matter with respect to which the Provincial Assembly has also power to makelaws.

. )o. /9 of /@?" Art.3 and !ch." for EArt @@.F6!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3/ 0/ of 3/1 s. 6/" for EPresidentF.9!ubs. ibid." for Ein his nameF!ubs. ibid." s. 6/" fir Eclause 061F.


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PART I

PROINCES

CHAPTER I.-THE :OERNORS

1=1. App'!#%me#% ' :',er#'r. /40/1 5here shall be a Bovernor for each: Province" who shallbe appointed by the President on the advice of the Prime &inister8

031 A person shall not be appointed a Bovernor unless he is #ualified to be elected as a member of the

)ational Assembly and is not less than thirty five years of age 34and is registered voter and resident ofthe Province concerned.8 64:8

9L L L L L L L

9L L L L L L L

061 5he Bovernor shall hold office during the pleasure of the President 4and shall be entitled to suchsalary" allowances and privileges to the President may determine8.

091 5he Bovernor may" by writing under his hand addressed to" if resident" resign his office.


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031 5he Bovernor shall not be a candidate for election as a member of /4&a$lise!hoora

0Parliament18 or a Provincial Assembly and" if a member of /4&a$lise!hoora 0Parliament18 or a

Provincial Assembly is appointed as Bovernor" his seat in /4&a$lise!hoora 0Parliament18 or" as the

case may be" the Provincial Assembly shall become vacant on the day he enters upon his office.

(*1=. Speaer Pr',!#"!al A&&embl7 %' a"% a&5 'r per'rm #"%!'#& ' :',er#'r !# h!& ab&e#"e.

When the Bovernor by reason of absence from Pakistan or for any other cause is unable to perform his

functions" the !peaker of the Provincial Assembly and in his absence any other person as the President

may nominate shall perform the functions of Bovernor until the Bovernor returns to Pakistan or as the

case may be resumes his functions.8

/*1=6. :',er#'r %' a"% '# a$,!"e5 e%". 0/1 !ub$ect to the *onstitution" in the performance of his

functions" the Bovernor shall act 94on and8 in accordance with the advice of the *abinet 4or the *hief

&inister8 :

4Provided that 94within fifteen days8 the Bovernor may re#uire the *abinet or as the case may be the

*hief &inister to reconsider such advice whether generally or otherwise and the Bovernor shall94"within ten days"8 act in accordance with the advice tendered after such reconsideration.8


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01 the Provisions of clause /4031 of Article 9? shall have effect in relation to a Bovernor as if

reference therein to EPresidentF were references to EBovernorF .8

CHAPTE !.-PO"I#CIAL A$$E%&LIE$

(*1=8. 213C'#&%!%%!'# ' Pr',!#"!al A&&embl!e&.0/1 5here shall be a Provincial Assembly for each

Province consisting of the number of members hereinafter specified to be elected by direct and free votein accordance with law

Beneral !eats Women )on.&uslim 5otal

7aluchistan / // 6


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Provided that" for the purpose of this subclause" the total number of general seats won by a political part

shall include the independent returned candidate or candidates who may duly $oin such political party

within three days of the publication in the official ga+ette of the names of the returned candidates8

1=9. Dra%!'# ' Pr',!#"!al A&&embl7. A Provincial Assembly shall unless sooner dissolved" continuefor a term of five years from the day of its first meeting and shall stand dissolved at the expiration of its

term.

1=;. Speaer a#$ Dep%7 Speaer.- After a general election" a Provincial Assembly shall" at its first

meeting and to the exclusion of any other business" elect from amongst its members a !peaker and a-eputy !peaker and" so often as the office of !peaker or -eputy !peaker becomes vacant" the Assembly

shall elect another member as !peaker or" as the case may be". -eputy !peaker.

1=


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no other member of the Provincial Assembly commands the confidence of the ma$ority of the membersof the Provincial Assembly in accordance with the provisions of the *onstitution as ascertained in a

session of the Provincial Assembly summoned for the purpose.8

1*11/. al!!"a%!'#& a#$ $!&>al!!"a%!'#& 'r member&h!p ' Pr',!#"!al A&&embl7.-the

#ualification and dis#ualifications for the membership of the )ational Assembly set out in Article !re$ 'r !#a#"!al mea&re&.--0/1 A &oney 7ill" or a 7ill

or amendment which if enacted and brought into operation would involve expenditure from the

Provincial *onsolidated (und or withdrawal from the Public Account of the Province shall not be intro

duced or moved in the Provincial Assembly except by or with the consent of the Provincial Bovernment.

031 (or the purposes of this Article" a 7ill or amendment shall be deemed to be a &oney 7ill if it

contains provisions dealing with all or any of the following matters" namely

0a1 the imposition" abolition" remission" alteration or regulation of any tax ;

0b1 the borrowing of money or the giving of any guarantee" by the Provincial Bovernment or the

amendment of the law relating to the financial obligations of that Bovernment ;

0c1 the custody of the Provincial *onsolidated (und" the payment of moneys into" or issue of moneys

from" that (und;

0d1 the imposition of a charge upon the Provincial *onsolidated (und" or the abolition or alteration of

any such charge;

/!ubs P.>. )o. /9 of /@?" Art. 3 and !ch. for EArt //6F.


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0e1 the receipt of moneys on account of the Public Account of the Province" the custody or issue of such

moneys; and

0f1 any matter incidental to any of the matters specified in the preceding paragraphs.

061 A 7ill shall not be deemed to be a &oney 7ill by reason only that it provides

0a1 for the imposition or alteration of any fine or other pecuniary penalty or for the demand or payment

or a license fee or a fee or charge for any service rendered; or

0b1 for the imposition" abolition" remission" alteration or regulation of .any tax by any local authority or

body for local purposes.

091 %f any #uestion arises whether a 7ill is a &oney 7ill or not" the decision of the !peaker of the

Provincial Assembly thereon shall be final.

01 Cvery &oney 7ill presented to the Bovernor for assent shall bear a certificate under the hand of the

!peaker of the Provincial Assembly that it is a &oney 7ill and such certificate shall be conclusive for all

purposes and shall not be called in #uestion.

1*118. A&&e#% b7 %he :',er#'r. 0/1 When a 7ill has been passed by the Provincial Assembly" it shall

be presented to the Bovernor for assent.

031 when the 7ill is presented to the Bovernor for assent the Bovernor shall within 34ten8 days

0a1 assent to the 7ill; or

0b1 in the case of a bill other than a &oney 7ill return the 7ill to the Provincial Assembly with amessage re#uesting that the 7ill" or any specified provision thereof" be considered and that any

amendment specified in the message be considered.

64061 when the Bovernor has returned a bill to the Provincial assembly" it shall reconsidered by the

/!ubs. by P.>. )o. /9 of /@?" Art 3 and !ch. for EArt. //


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Provincial Assembly" and if it is again passes with or without amendment by the Provincial Assembly bythe votes of ma$ority of the members of the Provincial Assembly present and voting" it shall be again

presented to the governor and the governor shall /4give his assent within ten days" failing which such

assent shall be deemed to have been given.8

091 When the Bovernor has assented

3

4or is deemed to have assented8 to" a 7ill" it shall become law andbe called an Act of Provincial Assembly.

01 )o Act of a Provincial Assembly" and no provision in any such Act shall be invalid by reason only

that some recommendation" previous sanction or consent re#uired by the *onstitution was not given if

that Act was assented to or deemed to have been assented to in accordance with the *onstitution.

119. B!ll #'% %' lap&e '# pr'r')a%!'#5 e%".0/1 A 7ill pending in a Provincial Assembly shall not lapse

by reason of the prorogation of the Assembly.

031 A 7ill pending in a Provincial Assembly shall lapse on the dissolution of the Assembly.

Financial Procedure

11;. Pr',!#"!al C'#&'l!$a%e$ F#$ a#$ Pbl!" A""'#%.0/1 All revenues received by the Provincial

Bovernment" all loans raised by that Bovernment"" and all moneys received by it in repayment of any

loan" shall form part of a consolidated fund" to be known as the Provincial *onsolidated (und.

031 All other moneys

0a1 received by or on behalf of the Provincial Bovernment ; or

0b1 received by or deposited with the High *ourt or any other court established under the authority of

the Province;

shall be credited to the Public Account of the Province.

11


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ancillary to the matters aforesaid" shall be regulated by Act of the Provincial Assembly or" until

provision in that behalf is so made" by rules made by the Bovernor.

1(=. A##al B$)e% S%a%eme#%.-0/1 5he Provincial Bovernment shall" in respect of every financial

year" cause to be laid before the Provincial Assembly a statement of the estimated receipts and

expenditure of the Provincial Bovernment for that year" in this *hapter referred to as the Annual. 7udget

!tatement.

031 5he Annual 7udget !tatement shall show separately

0a1 the sums re#uired to meet expenditure described by the *onstitution" as expenditure charged upon the

Provincial *onsolidated (und; and

0b1 the sums re#uired to meet other expenditure proposed to be made from the Provincial *onsolidated

(und;

and shall distinguish expenditure on revenue account from other= expenditure.

1(1. E0pe#$!%re "har)e$ p'# Pr',!#"!al C'#&'l!$a%e$ F#$. 5he following expenditure shall beexpenditure charged upon the Provincial *onsolidated (und:

0a1 the remuneration payable to the Bovernor and other expenditure relating to his office" and the

remuneration payable to

0i1 the ,udges of the High *ourt;

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Constitution Ofthe Islamic Republic of Pakistan as Amended by 18th Amendment

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