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PART III

TEXT OF AMENDING ACTS AND ORDERS

ACT NO.XXXIII OF 1974

An Act to amend the Constitution of Islamic Republic of Pakistan.

WHEREAS it is expedient to amend the Constitution of the Islamic Republic of Pakistan for the purpose hereinafter appearing;

It is hereby enacted as follows:-

1. Short title and commencement. (1) This Act may be called the Constitution (First Amendment) Act, 1974.

(2) It shall come into force at once.

2. Amendment of Article 1 of the Constitution. In the Constitution of Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in Article 1, for clauses (2), (3) and (4) the following shall be substituted, namely:

"(2) The territories of Pakistan shall comprise-

(a) the Provinces of Baluchistan, the North-West Frontier, the Punjab and Sind; (b) The Islamabad Capital Territory, hereinafter referred to as the Federal Capital; (c) the Federally Administered Tribal Areas; and (d) such States and territories as are on may be included in Pakistan, whether by accession or otherwise.

(3) Parliament may by law admit into the Federation new States or areas on such terms and conditions as it thinks fit."

3. Amendment of Article 8 of the Constitution. In the Constitution, in Article 8, in clause (3), in paragraph (b), after the word "day" at the end, the words "or as amended by any of the laws specified in that Schedule" shall be added.

4. Amendment of Article 17 of the Constitution. In the Constitution, in Article 17, for clause (2), the following shall be substituted, namely:-

"(2) every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan and such law shall provide that where the Federal Government declares that any political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan, the Federal Government shall, within fifteen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final.

(3) Every political party shall account for the source of its funds in accordance with law.".

5. Amendment of Article 61 of the Constitution. In the Constitution, in Article 61, after the word "Deputy Chairman" at the end, the words, commas, brackets and figures" and as if, in the proviso to the said clause (2) of Article 54, for the words "one hundred and thirty" the word "ninety" were substituted" shall be added.

6. Amendment of Article 101 of the Constitution. In the Constitution, in Article 101, in clause (3), after the word "President" at the end, the words and comma "and shall be entitled to such salary, allowances and privileges as the President may determine" shall be added.

7. Amendment of Article 127 of the Constitution. In the Constitution. In Article 127.

(a) in paragraph (e) the word "and" at the end shall be omitted: (b) in paragraph (1), for the full stop at the end the semi-colon and word ":and" shall be substituted: and (c) after paragraph (1) amended as aforesaid, the following new para graph shall be added, namely:-

"(g) the said clause (2) of Article 54 shall have effect as if, in the proviso thereto, for the word "one hundred and thirty" the word "seventy" were substituted."

8. Amendment of Article 193 of the Constitution. In the Constitution, in clause (2), after paragraph (c), the following Explanation shall be added, namely:-

"Explanation in computing the period during which a person has been an advocate of a High Court or held judicial office, there shall be included any period during which he has held judicial office after he become an advocate or, as the case may be, the period during which he has been an advocate after having held judicial office.".

9. Amendment of Article 199 of the Constitution. In the Constitution, in Article 199, for clause (3) the following shall be substituted, namely:-

"(3) An order shall not be made under clause (1) on application made by or in relation to a person who is a member of the Armed Forces of Pakistan, or who is for the time being subject to any law relating to any of those Forces, in respect of his terms and conditions of service, in respect of any matter arising out of his service, or in respect of any action taken in relation to him as a member of the Armed Forces of Pakistan or as a person subject to such law."

10. Amendment of Article 200 of the Constitution. In the Constitution, in Article 200, after clause (2), the following new clause shall be added, namely:-

"(3) If any time it is necessary for any reason to increase temporarily the number of Judges of a High Court, the Chief Justice of that High Court any require a Judge of any other High Court to attend sittings of the former High Court for such period as may be necessary and, while so attending the sittings of the High Court, the Judge shall have the same power and jurisdiction as a Judge of that High Court: Provided that a Judge shall not be so required except with his consent and the approval of the President and after consultation with the Chief Justice of Pakistan and the Chief Justice of the High Court of which he is a Judge.".

11. Amendment of Article 209 of the Constitution. In the Constitution, in Article 209, in clause (2), in the Explanation, after the words "Chief Justice", the words "otherwise than as acting Chief Justice" shall be inserted.

12. Amendment of Article 212 of the Constitution. In the Constitution, in Article 212:

(a) in Clause (1):-

(i) for the word "establish" the words "provide for the establishment of "shall be substituted and shall be deemed always to have been so substituted; and

(ii) on paragraph (a), after the word "persons", the words "who are or have been "shall be inserted and shall be deemed always to have been so inserted; and

(b) in clause (2) after the words "Tribunal extends", the following words shall be inserted and shall be deemed always to have been so inserted namely:-

"and all proceedings in respect of any such matter which may be pending before such other court immediately before the establishment of the Administrative Court or Tribunal shall abate on such establishment".

13. Amendment of Article 250 of the Constitution. In the Constitution, in Article 250, in clause (1) and (2), the words and comma "a Governor,", wherever

14. Amendment of Article 259 of the Constitution. In the Constitution, in Article 259.-

(a) in clause (2) after the word "gallantry", the comma and words ",meritorious service in the Armed Forces" shall be inserted; and (b) in clause (3), after the word "gallantry", the comma and words ", meritorious service in the Armed Forces" shall be inserted and shall be deemed always to have been so inserted.

15. Amendment of Article 260 of the Constitution. In the Constitution, in Article 260, in clause (1)-

(a) after the definition of "Chairman", the following new definition shall be inserted, namely:-

""Chief Justice", in relation to the Supreme Court or a High Court, includes the Judge for the time being acting as Chief Justice of the Court;": and

(b) in the definition of "service of Pakistan", after the words "Provincial Minister", the commas and words "Attorney-General, Parliamentary Secretary" shall be inserted.

16. Amendment of Article 272 of the Constitution. In the Constitution, in Article 272, in the marginal heading, after the word "First", the words "constitution of" shall be inserted.

17. Amendment of First Schedule to the Constitution. In the Constitution, in the First Schedule, for Part IV the following shall be substituted, namely:-

"IV FEDERAL ACTS 1. The Censorship of Films Act,1963 (XVIII of (1963). 2. The Land Reforms (Amendment) Act, 1974."

Act No.XLIX OF 1974

An Act further to amend the Constitution of the Islamic Republic of Pakistan

WHEREAS it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing:

It is hereby enacted as follows:

1. Short title and commencement.-(1_ This Act may be called the Constitution (Second Amendment) Act, 1974.

(2) It shall come into force at once.

2. Amendment of Article 106 of the Constitution. In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in Article 106, in clause (3), after the word "communities", the words and brackets "and persons of the Quadiani group or the Lahori group (who call themselves 'Ahmadis)" shall be inserted.

3. Amendment of Article 260 of the Constitution. In the Constitution, in Article 260, after clause (2), the following new clause shall be added, namely:-

"(3) A person who does not believe in the absolute and unqualified finality of the Prophethood of Muhammad (peace be upon him) the last of the Prophets or claims to be a prophet, in any sense of the word or of any description whatsoever, after Muhammad (peace be upon him), or recognizes such a claimant as a prophet or a religious reforms, is not a Muslim for the purposes of the Constitution or law."

Act No.XXII OF 1975

An Act further to amend the Constitution of the Islamic Republic of Pakistan

WHEREAS it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing:

It is hereby enacted as follows:-

1. Short title and commencement. (1) This Act may be called the Constitution (Third Amendment) Act, 1975.

(2) It shall come into force at once.

2. Amendment of Article 10 of the Constitution. In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in Article 10:-

(a) in clause (4), for the words "one month" twice occurring the words "three months" shall be substituted:

(b) in clause (5), for the words and comma "as soon as may be, but not later than one week" the words "within fifteen days" shall be substituted: and

(c) in clause (7), in the proviso, after the word "enemy", the commas and words ", or who is acting or attempting to act in a manner prejudicial to the integrity, security or defence of Pakistan or any part thereof or who commits or attempts to commit any act which amounts to an anti-national activity as defined in a Federal law or is a member of any association which has for its objects, or which indulges in, any such anti-national activity" shall be added.

3. Amendment of Article 232 of the Constitution. In the Constitution, in Article 232, in clause (7), for paragraph (b) the following shall be substituted, namely:-

"(b) shall, subject to the provisions of paragraph (a), cease to be in force upon a resolution disapproving the Proclamation being passed by the votes of the majority of the total membership of the two Houses in joint sitting.".

Act No.LXXI OF 1975

An Act further to amend the Constitution of the Islamic Republic of Pakistan

WHEREAS it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing:

It is hereby enacted as follows:-

1. Short title and commencement. (1) This Act may be called the Constitution (Fourth Amendment) Act, 1975.

(2) It shall come into force at once.

2. Amendment of Article 8 of the Constitution. In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in Article 8.-

(a) in clause (3), for paragraph (b) the following shall be substituted, namely:-

"(b) any of the- (i) laws specified in the First Schedule as in force immediately before the commencing day or as amended by any of the laws specified in that Schedule:

(ii) other laws specified in Part I of the First Schedule:": and

(b) in clause (4), for the words and commas "the First Schedule, not being a law which relates to, or is connected with, economic reforms."the words and figure "Part II of the First Schedule" shall be substituted.

3. Amendment of Article 17 of the Constitution. In the Constitution, in Article 17, in clause (1) for the words "morality or public order" the words and comma "sovereignty or integrity of Pakistan, public order or morality" shall be substituted.

4. Amendment of Article 19 of the Constitution. In the Constitution, in Article 19, for the word "defamation" the words"commission of" shall be substituted.

5. Amendment of Article 51 of the Constitution. In the Constitution, in Article 51.-

(a) after clause (2), the following new clause shall be inserted, namely:-

"(2A) In addition to the number of seats referred to in clause (1), there shall be in the National Assembly six additional seats reserved for the persons referred to in clause (3) of Article 106.": and

6. Amendment of Article 54 of the Constitution. In the Constitution, in Article 54, in clause (2), the following explanation shall be added at the end, namely:-

"Explanation.-In this clause, 'working days' includes any day on which there is a joint sitting and any period, not exceeding two days, for which the National Assembly is adjourned.".

7. Amendment of Article 106 of the Constitution. In the Constitution, in Article 106, in clause (3).-

(a) for the word "3", occurring for the second time, the words "and other non- Muslims and persons belonging to" shall be substituted: and

(b) for the figure "3" against the Province of the Punjab the figure "5" shall be substituted.

8. Amendment of Article 199 of the Constitution. In the Constitution, in Article 199.-

(a) after clause (3), the following new clause shall be inserted, namely:-

"(3A) A High Court shall not make an order under clause (1)-

(a) prohibiting the making of an order for the detention of person, or

(b) for the grant of bail to a person detained, under any law providing for preventive detention.": and

after clause (4), the following new clause shall be inserted, namely:-

"(4A) An interim order made by a High Court on an application made to it to question the validity or legal of any order made, proceeding taken or act done by any authority or person, which has been made, taken or done or purports to have been made taken or done under any law which is specified in Part I of the First Schedule or relates to, or is connected with, assessment or collection of public revenues shall cease to have effect on the expiration of a period for sixty days following the day on which it is made, unless the case is finally decided, or the interim order is withdrawn, by the Court earlier.".

9. Amendment of Article 271 of the Constitution. In the Constitution, in Article 271, in clause (1).-

(a) after the words "subject to", the word, figure and comma "Article 63,"shall be inserted:

(b) for paragraph (a) the following shall be substituted, namely:-

"(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:": and

(c) in paragraph (b), after the word "vacancies", the commas, words, brackets, figures and letter ",or to be elected to the additional seats referred to in clause (2A) of Article 51,"shall be inserted.

10. Amendment of Article 272 of the Constitution. In the Constitution, in Article 272.-

(a) the brackets and figure "(1)", occurring after the "272", shall be omitted; and

(b) after the words "subject to", the words and figure "Article 63 and" shall be inserted.

11. Amendment of Article 273 of the Constitution. In the Constitution, in Article 273, in clause (1).-

(a) after the words "subject to", the word, figure and comma "Article 63," shall be inserted; and (b) for paragraph (a) the following shall be substituted, namely:-

"(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 referred to "total membership" of the Assembly of a Province in the Constitution shall be construed accordingly:": and

(c) in paragraph (b), after the word vacancies", the commas, words, brackets and figures", or to be elected to the additional seats referred to in clause (3) of Article 106,"shall be inserted.

12. Substitution of the First Schedule to the Constitution. In the Constitution, for the First Schedule the Schedule set out in the Schedule to this Act shall be substituted.

13. Amendment of the Fourth Schedule to the Constitution. In the Constitution, for the Fourth Schedule, in the Concurrent Legislative List, after entry 13, the following new entry shall be inserted, namely:-

"43A. Auqaf.".

14. Certain Orders shall cease to have effect after specified period. An interim order such as is referred to in clause (4A) of Article 199 of the Constitution made by a High Court before the commencement of this Act shall cease to have effected at the expiration of sixty days from such commencement, unless the case is finally decided, or the interim order is withdrawn, by the Court earlier.

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THE SCHEDULE

[See Section 12]

"FIRST SCHEDULE

[Article 8(3) (b) and (4)]

Laws exempted from the operation of Article 8 (1) and (2).

PART I

1. PRESIDENT'S ORDERS

1. The Acceding State (Property) Order, 1961 (P.O.No.12 of 1961. 2. The Economic Reforms Order, 1972 (P.O. No.1 of 1972).

II. REGULATIONS

1. The Land Reforms Regulation, 1972. 2. The Land Reforms (Baluchistan Pat Feeder Canal) Regulation, 1972. 3. The Economic Reforms(Protection of Industries) Regulation, 1972. 4. The Distribution of Property (Chitral)Regulation, 1974 (II of 1974). 5. The Settlement of Disputes of Immovable Property (Chitral) Regulation, 1974 (III of 1974). 6. The Dir and Swat (Devolution and Distribution of Property and Settlement of Disputes of Immovable Property) (Amendment) Regulation 1975 (II of 1975).

III. FEDERAL ACTS

1. The Land Reforms (Amendment) Act, 1974 (XXX of 1974). 2. The Land Reforms (Amendment) Act, 1975 (XXXXIX of 1975).

IV.ORDINANCES PROMULGATED BY THE PRESIDENT

The Land Reforms (Amendment) Ordinance, 1975 (XXI of 1975), and the Federal Act enacted to replace the said Ordinance.

V. PROVINCIAL ACTS

1. The Land Reforms (Baluchistan Amendment) Act, 1974 (Baluchistan Act XI of 1974). 2. The Land Reforms (Pat Feeder Canal Regulation) (Amendment) Act, 1975 (Baluchistan Act VII of 1975).

PART II

I. PRESIDENT ORDERS

1. The Minerals (Acquision and Transfer) Order, 1961 (P.O. No.8 of 1961). 2. The Companies (Mannaging Agency and Election of Directors) Order, 1972 (P.O. No.2 of 1972). 3. The Co-operative Societies (Reforms) Order, 1972 (P.O. No.9 of 1972). 4. The Life Insurance (Nationalization) Order, 1972 (P.O. No.10 of 1972). 5. The Martial Law (Pending Proceedings) Order, 1972 (P.O. No.14 of 1972). 6. The Rules of Acceding States (Abolition of Privy Purses and Privileges) Order, 1972 (P.O. No.15 of 1972). 7. The Industrial Sanctions and Licences (Cancellation) Order, 1972 (P.O.No.15 of 1972). 8. The Criminal Law Amendment (Special Court) Order, 1972(P.O. No.20 of 1972). II. REGULATIONS

1. Rawalpindi (Requisition of Property)Regulation, 1959. 2. The Pakistan Capital Regulation, 1960. 3. The Security of Claims (Evacuee Property) Regulation, 1961. 4. The Income Tax (Correction of Returns and False Declaration(Regulation, 1969. 5. The Improper Acquisition of Property Regulation, 1969. 6. The Removal from Service (Special Provisions) Regulation, 1969. 7. The Living Beyond Ostensible Means (Punishment) Regulation, 1969. 8. The Government Agricultural Land (Recovery of Illegal Prossession Regulation, 1969. 9. The Enemy Property(Payment of Money Due to Enemy) Regulation, 1970. 10. The Withdrawal of Currency Notes(High Denomination) Regulation, 1971. 11. The Price of Evacuee Property and Public Does (Recovery) Regulation, 1971. 12. The Peshawar District and Tribal Areas (Settlement of Dispute) Regulation, 1971. 13. The Convention Muslim League and Awami League (Security of Funds) Regulation, 1971. 14. The Foreign Exchange Repatriation Regulation, 1972. 15. The Foreign Assets (Declaration)Regulation, 1972. 16. The Removal from Service (Review Petition) Regulation, 1972. 17. The Privately Managed Schools and Colleges (Taking Over) Regulation, 1972. 18. The Enemy Property Revocation of Sales) Regulation, 1972. 19. The Dir and Swat (Devolution and Distribution of Property) Regulation, 1972. 20. The Dir and Swat (Settlement of Disputes of Immovable Property)Regulation, 1972. 21. The West Pakistan Industrial Development Corporation (Revocation of Sate or Transfer) Regulation, 1972. 22. The National Press Trust (Suspension of Board of Trustees and Directors) Regulation, 1972. 23. The Co-operative Banks (Repayment of Loans) (Punjab) Regulation, 1972. 24. The Co-operative Societies (Repayment of Loans) (Sind) Regulation, 1972. III. ORDINANCES PROMULGATED BY THE PRESIDENT

1. The Control of Shipping Ordinance, 1959 (XIII of 1959). 2. The Jammu and Kashmir (Administration of Property) Ordinance, 1961 (III of 1961). 3. The Muslim Family Laws Ordinance, 1961 (VII of 1961). 4. The Security of Pakistan(Amendment) Ordinance, 1961 (XIV of 1961). 5. The Associated Press of Pakistan (Taking Over) Ordinance, 1961 (XX of 1961). 6. The Trade Organisations Ordinance, 1961 (XLV of 1961).

IV. FEDERAL ACTS

The Censorship of Films Act, 1963 (XVIII of 1963).

V. ORDINANCE PROMULGATED BY THE GOVERNOR OF FORMER PROVINCE OF WEST PAKISTAN

1. The West Pakistan Government Educational and Training Institution Ordinance, 1960 (W.P. Ordinance PROMULGATED BY THE GOVERNOR OF FORMER PROVINCE OF WEST PAKISTAN

1. The West Pakistan Government Educational and Training Institutions Ordinance, 1960 (W.P. Ordinance No.XI of 1960).

2. The West Pakistan Wakf Properties Ordinance. 1961 W.P. Ordinance No.XXVIII of 1961)

3. The Societies Registration (West Pakistan Amendment) Ordinance. 1962 (W.P. Ordinance No.IX of 1962.)

4. The West Pakistan Industries (Control on Establishment and Enlargement) Ordinance, 1963.)

VI. ORDINANCES PROMULGATED BY THE GOVERNOR OF THE NORTH- WEST FRONTIER PROVINCE

1. North-West Frontier Province Government Educational and Training Institutions Ordinance, 1971 (N.W.F.P. Ordinance No. III of 1971).

2. The North-West Frontier Province Chashma Right Bank Canal Project (Control and Prevention of Speculation in Land) Ordinance, 1971 (N.W.F.P Ordinance No.V of 1971)

3. The North-West Frontier Province Gomal Zam Project (Control and Prevention of Speculation in Land) Ordinance, 1971 (N.W.F.P. Ordinance No.VIII of 1971)

ACT NO. LXII OF 1976

Further to amend the Constitution of the Islamic Republic of Pakistan.

WHEREAS it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing;

It is hereby enacted as follows:-

1.Short title and commencement.-(1) This may be called the Constitution(Fifth Amendment) Act, 1976.

(2) It shall come into force at once except section 8 and section 13 which come into force on the first day of December, 1976.

2.Amendment of Article 101 of the Constitution.-In the Constitution of Islamic Republic of Pakistan. hereinafter referred to as the Constitution in Article 101, in clause (2) for the full stop at the end a colon shall be substituted hereafter the following proviso and new clause shall be added, namely:-

"Provided that, after the holding of the first general election to the National Assembly, a person shall not be appointed to be the Governor of the Province of which he is a permanent resident.

(2A) Nothing contained n the proviso to clause (2) shall apply during the period that an Order under paragraph (c) of clause (2) of Article 232 or a Proclamation under Article 234 is in force."

3.Amendment of Article 160 of the Constitution.-In the Constitution in Article 160, in clause (3), for paragraph (ii) the following shall be substituted namely:-

"(ii) taxes on the sales and purchases of goods imported, exported, produced, manufactured or consumed;"

4. Amendment of Article 175 of the Constitution.-In the Constitution in Article 175, in clause (3), for the word "three" the shall be substituted.

5. Amendment of Article 179 of the Constitution.- In the Constitution Article 179 shall be re- numbered as clause (1) of that Article and after clause (1) re-numbered as a aforesaid, the following new clauses shall be added, namely:-

"(2) The Chief Justice of the Supreme Court, whether appointed before or after the commencement of the Constitution (Fifth Amendment) Act, 1976, shall unless he sooner attains the age of sixty-five years, hold office for a term of five years and shall thereafter have the option either-

(a) to retire from his office and receive the pension to which he would have been entitled if he had retired from office on attaining the age of sixty-five years; or

(b) to assume the office of the most senior of the other Judges of the Supreme Court and to continue to receive the same salary which he was receiving while holding the office of Chief Justice.

(3) When a Judge assumes the office of the most senior of the other Judges of the Supreme Court under clause (2), the Judge who was until then the most senior of the other judges shall rank next after him in order of seniority.

(4) A person who has once held office as Chief Justice of the Supreme Court otherwise than under Article 180 shall not again be appointed to that office.

5.The provision of clauses (2), (3) and (4) shall have effect notwithstanding anything contained in Article 275."

6. Amendment of Article 180 of the Constitution.- In the Constitution, in Article 180 for the word "the most senior of the other Judges of the Supreme Court"the words "one of the Judges of the Supreme Court who have not previously held the office of Chief Justice of Pakistan otherwise than under than Article" shall be substituted.

7.Amendment of Article 187 of the Constitution.-In the Constitution, in Article 187, in clause (1) for the word "The" the words, brackets, figures and comma "Subject to clause (2) of Article 175, the" shall be substituted.

8.Amendment of Article 192 of the Constitution.-In the Constitution, in Article 192, for clauses (2), (3) and (4) the following shall be substituted namely:-

"(2) The Sind and Baluchistan High Court shall cease to function as a common High Court for the Provinces of Baluchistan and Sind. The President shall, by Order, establish a High Court for each of the Provinces of Baluchistan and Sind and may make such provision in the Order for the principal seats of the two High Courts, transfer of the Judges of the common High Court, transfer of cases pending in the common High Courts and generally, for matters consequential or the two High Courts and, generally, for matters consequential or ancillary to the common High Court ceasing to function and the establishment of the two High Courts as he may deem fit."

9.Amendment of Article 195 of the Constitution.- In the Constitution Article 195 shall be re- numbered as clause (1) of that Article and , after clause (1) re-numbered as aforesaid, the following new clauses shall be added namely:-

"(2) The Chief Justice of a High Court, whether appointed before or after the commencement of the Constitution (Fifth Amendment) Act, 1976, shall, unless he sooner attains the age of sixty two years, hold office for a term of four years and shall thereafter have the option either-

(a) to retire from his office and receive the pension to which he would have been entitled if he had retired from office on attaining the age of sixty two years; or

(b) to assume the office of the most senior of the other Judges of the High Court and to continue to receive the same salary which he was receiving while holding the office of Chief Justice.

(3) when a Judge assumes the office of the most senior of the other Judges of a High Court under clause (2), the Judge who was until then the most senior of the other Judges shall rank next after him in order of seniority.

(4) A person who has once held office as Chief Justice of a High Court, otherwise than under Article 196, shall not again be appointed to be the Chief Justice of that High Court.

(5) The provisions of clauses (2), (3) and (4) shall have effect notwithstanding anything contained in Article 275."

10. Amendment of Article 196 of the Constitution.- In the Constitution, in Article 196, for the words "the most senior of the other judges of the High Court" the words "one of the Judges of the High Court who have not previously held the office of Chief Justice of the High Court otherwise than under this Article" shall be substituted.

11. Amendment of Article 199 of the Constitution.-In the Constitution, in Article 199, for clause (3A) the following shall be substituted, namely:-

"(3A) A High Court shall not make under this Article-

(a) an order prohibiting the making, or suspending the operation, of an order for the detention of any person under any law proving for preventive detention;

(b) an order for the release on bail of any person detained under any law providing for preventive detention;

(c) an order for the release on bail, or an order suspending the operation of an order for the custody, of any person against whom a report or complaint has been made before any court or tribunal, or against whom a case has been registered at police station, in respect of an offence, or who has been convicted by any court or tribunal;

(d) an order prohibiting the registration of a case at a police station, or the making of a report or complaint before any court tribunal, in respect of an offence; or

(e) any other interim order in respect of any person referred to any of the preceeding paragraphs.

(3B) Every such order as is referred to in clause (3A)made at any time after the commencement of the Constitution (Fourth Amendment Act, 1975, shall cease to have effect and all applications for making of any such order that may be pending before any High Court shall abate.

(3C) The provisions of clauses (3A) and (3B) shall also apply to the disposal of an application in a petition for leave to appeal, or in appeal, from an order such as is referred to in the said clause that may be pending before the Supreme Court immediately before the commencement of the Constitution (Fifth Amendment) Act, 1976

12.Amendment of Article 200 of the Constitution.- In the Constitution in Article 200, in clause (1) for the full stop at the end a colon shall be substituted and thereafter the following proviso shall be added, namely:-

"Provided that such consent, or consultation with the Chief Justice the High Courts, shall not be necessary if such transfer is for a period not exceeding one year at a time.

Explanation,-In this Article, "Judge" does not include a Chief Justice.

13. Amendment of Article 204 of the Constitution.-In the Constitution Article 204, for clauses (2) and (3) the following shall be substituted, namely:-

"(2) A Court shall have the power to punish a person for contempt court in accordance with law."

14.Amendment of Article 206 of the Constitution.-In the Constitution Article 206 shall be re- numbered as clause (1) of that Article and, after (1) re-numbered as aforesaid, the following new clause shall be added namely:- "(2) A Judge of a High Court who does not accept appointment as Judge of the Supreme Court shall be deemed to have retired from his office and, on such retirement, shall be entitled to receive a pension calculated on the basis of the length of his service as Judge and total service, if any, in the service of Pakistan."

15.Amendment of Article 212 of the Constitution.- In the Constitution, Article 212, in clause (2), after the word "Tribunal" occurring for the third time, the commas and words "other than an appeal pending before the Supreme Court," shall be inserted and shall be deemed always to have been so inserted.

16.Amendment of Article 260 of the Constitution.- In the Constitution Article 260, in the definition of "service of Pakistan" after the word and comma "Attorney-General", the word and comma "Advocate-General," shall be inserted.

17 Amendment of Article 280 of the Constitution.-In the Constitution of Article 280, after the word "made" at the end, the words and figure" and be called in question in any court on the ground of inconsistency with the rights conferred by Chapter I of Part II" shall be added and shall be aimed always to have been so added.

18. Amendment of the First Schedule to the Constitution.-In the Constitution, in the First Schedule in Part I,-

(a) under the sub-heading II REGULATIONS' after entry 6, the following new entry shall be added, namely:- 7. The Settlement of Disputes of Immovable Property (Chitral) (Amendment) Regulation, 1976 (XII of 1976). (b) under the sub-heading 'III FEDERAL ACTS' after entry 2, the following new entries shall be added, namely:- 3. The Flour Milling Control and Development Act, 1976 (LVII of 1976). 4. The Rice Milling Control and Development Act, 1976 (LVII of 1976) 5. The Cotton Ginning Control and Development Act, 1976 (LVII of 1976). (c) after the sub-heading 'PROVINCIAL ACTS' and the entries relating thereto, the following new sub-heading and entry shall be added, namely:-

'VI.PROVINCIAL ORDINANCE

The Land Reforms (Pat Feedet Canal) (Amendment) Ordinance, 1976.' 19.Amendment of the Fourth Schedule to the Constitution.-In the Constitution, in the Fourth Schedule,- (a) in the Federal Legislative List,- (i) in Part I, for entry 49 the following shall be substituted, namely:-

"49. Taxes on the sales and purchases of goods imported, exported, produced, manufactured or consumed."; and

(ii) in Part II, in entry 3, for the words "West Pakistan Water and Power Development Authority and the West Pakistan Industrial Development Corporation" the words "Pakistan Water and Power Development Authority and the Pakistan Industrial Development Corporation." shall be substituted; and

(b) in the Concurrent Legislative List, for entry 41 the following shall be substituted, namely:-

"41. Production, censorship and exhibition of cinematograph films."

ACT NO.LXXXIV OF 1976

An Act further to amend the Constitution of the Islamic Republic of Pakistan

Whereas it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing;

It is hereby enacted as follow:-

1.Short title and commencement.-(1) This Act may be called the Constitution (Sixth Amendment) Act, 1976 (2)It shall come into force at once.

2. Amendment of Article 179 of the Constitution.-In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in Article 179, after clause (5), the following new clause shall be added, namely:-

"(6) Notwithstanding anything contained in clause (1) or clause (2), a Chief Justice of the Supreme Court who attains the age of sixty-five years before he has held that office for a term of five years may continue to hold that office until he has completed that term."

3. Amendment of Article 195 of the Constitution.-In the Constitution, in Article 195, after clause (5) the following new clause shall be added, namely:-

"(6) Notwithstanding anything contained in clause (1) or clause (2), a Chief Justice of a High Court who attains the age of sixty-two years before he has held that office for a term of four years may continue to hold that office until he has completed that term."

4. Amendment of Article 246 of the Constitution.-In the constitution, in Article 246,-

(a) In paragraph (b), in sub-paragraph (i),- (i) after the brackets, words and comma "(which includes Kalam)," the words and comma "the Tribal Area in Kohistan district," shall be inserted and shall be deemed to have been so inserted on the first day of October, 1976; and (ii)for the word "Hazara" the word "Mansehra" shall be substituted and shall be deemed to have been so substituted on the first day of October, 1976; and

(b) in paragraph (c), for sub-paragraph (v) the following shall be substituted and shall be deemed to have been so substituted on the first day of December, 1973, namely:- "(v) Bajaur Agency; (va) Orakzai Agency;"

5. Amendment of Article 260 of the Constitution.-In the Constitution, in Article 260, in the definition of "service of Pakistan", after the words "Parliamentary Secretary", the commas and words "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 a Chief Minister, Adviser to a Chief Minister shall be inserted.

ACT NO.XXIII OF 1977

An Act further to amend the Constitution of the Islamic Republic of Pakistan Whereas it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing; It is hereby enacted as follows:-

1.Short title, commencement and duration.-(1) This Act may be called the Constitution (Seventh Amendment) Act, 1977.

(2) It shall come into force at once and section 4 shall be deemed to have taken effect on the twenty-first day of April, 1977.

(3) Section 2 shall cease to be in force on the thirtieth day of September, 1977.

2. Insertion of new Article 96A in the Constitution.-In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, after Article 96, the following new Article shall be inserted, namely:-

"96A. Referendum as to confidence in Prime Minister.-(1) If at any time the Prime Minister considers it necessary to obtain a vote of confidence of the people of Pakistan through a referendum, he may advise the President to cause the matter to be referred to a referendum in accordance with law made by Parliament.

(2) The law referred to in clause (1) shall provide for the constitution of a Referendum Commission and the manner and mode of holding a referendum.

(3) On receipt of the advice of the Prime Minister under clause (1), the President shall call upon the Referendum Commission to conduct a referendum amongst the persons whose names appear on the electoral rolls for the immediately preceding general elections to the National Assembly as revised up-to-date.

(4) Any dispute arising in connection with the counting of votes at a referendum shall be finally determined by the Referendum Commission or a member thereof authorised by it and, save as aforesaid, no dispute arising in connection with a referendum or the result thereof shall be raised or permitted to be raised before any court or other authority whatsoever.

(5) If, on the final count of the votes cast at the referendum, the Prime Minister fails to secure majority of the total votes cast in the matter of the confidence of the people of Pakistan, he shall be deemed to have tendered his resignation within the meaning of Article 94."

3. Amendment of Article 101 of the Constitution.-In the Constitution, in Article 101, in clause (2A), for the words, brackets, letter and figures "an Order under paragraph (c) of clause (2) of Article 232 or a Proclamation under "the words and figure "a Proclamation under Article 232 or" shall be substituted.

4. Amendment of Article 245 of the Constitution.-In the Constitution, Article 245 shall be renumbered as clause (1) of that Article and, after clause (1) renumbered as aforesaid, the following new clauses shall be added, namely:-

"(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."

ACT NO.XVIII OF 1985

An Act further to amend the Constitution of the Islamic republic by Pakistan

Whereas it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing;

It is hereby enacted as follow:-

1. Short title and commencement.(1) This Act may be called the Constitution (Eighth Amendment) Act, 1985.

(2) It shall come into force at once, except section 19 which shall come into force on the day on which the Proclamation of the fifth day of July, 1977, is revoked.

2. Amendment of Article of the Constitution-In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the constitution, in Article 48,- (a) In clause (1)- (i) for the commas and words ", the Prime Minister , or appropriate Minister" the words "or the Prime Minister" shall be substituted; and

(ii) for the proviso the following shall be substituted, namely:

"Provided that the President may require the Cabinet or, as the case may be, the Prime Minister to reconsider such advice, either generally for otherwise, and the President shall act in accordance with the advice tendered after such reconsideration."

(b) in clause (2), after the words "do so", at the end, the words "and the validity of anything done by the President in his discretion shall not be called in question on any ground whatsoever" shall be added:

(c) clause (3) shall be omitted; and

(d) in clause (5), in paragraph (a), for the words "one hundred" the word "ninety" shall be substituted.

3. Amendment of Article 51 of the Constitution.-In the Constitution, in Article 51, in clause (4), for the word "second" the word "third" shall be substituted.

4. Amendment of Article 56 of the Constitution.-In the Constitution, in Article 56, for clause (3) the following shall be substituted, namely:-

"(3) At the commencement of the first session after each general election to the National Assembly and at the commencement of the first session of each year the President shall address both Houses assembled together and inform the Majlis-e-Shoora (Parliament) of the causes of its summon.

5. Amendment of Article 58 of the Constitution.-In the Constitution, in Article 58,-

(a) in clause (1), in the Explanation, for the words "resolution for a vote of no- confidence has been moved" the words "notice of a resolution for a vote of no-confidence has been given" shall be substituted; and

(b) for clause (2) the following shall be substituted, namely:- "(2) Notwithstanding anything contained in clause (2) of Article 48, the President may also dissolve the National Assembly in His discretion where, in his opinion,-

(a) a vote of no-confidence having been passed against the Prime Minister, no other member of the National Assembly is likely to command the confidence of the majority of the members of the National assembly in accordance with the provisions of the Constitution, as ascertained in a session of the National Assembly summoned for a purpose; or

(b) a situation has arisen in which the Government of the Federation cannot be carried on in accordance with the provision of the Constitution and an appeal to the electorate is necessary."

6. Amendment of Article 59 of the Constitution.- In the Constitution, in Article 59-

(a) in clause (1), in paragraph (c), for the word "chosen" the "elected" shall be substituted:

(b) in clause (3),

(i) for paragraphs (a), (b) and (c) the following shall be substituted, namely:-

"(a) of the members referred to in paragraph (a) of clause (1), seven shall retire after the expiration of the first three years and seven shall retire after the expiration of the next three years;

(b) of the members referred to in paragraph (b) of the aforesaid clause, four shall retire after the expiration of the next three years;

(c) of the members referred to in paragraph (c) of the aforesaid clause, one shall retire after the expiration of the first three years and two shall retire after the expiration of the next three years; and

(d) of the members referred to in paragraph (d) of the aforesaid clause, two shall retire after the expiration of the first three years and three shall retire after the expiration of the next three years;"; and

(ii) in the proviso, the words "or chosen" shall be omitted; and (c) clause (4) shall be omitted.

7. Amendment of Article 60 of the Constitution.-In the constitution, in Article 60,in clause (2), for the word "two" the word "three" shall be substituted.

8. Amendment of Article 75 of the Constitution.-In the Constitution, in Article 75,-

(a) in clause (1), for the word "forty-five" the word "thirty" shall be substituted; and

(b) for clause (2) the following shall be substituted, namely:-

"(2) When the President has returned a Bill to the Majlis-e-Shoora (Parliament) it shall be reconsidered by the Majlis-e-Shoora (Parliament) in joint sitting and, if it is again passed, with or without amendment, by the Majlis-e-Shoora (Parliament, by the votes of the majority of the members of both Houses present and voting, it shall be deemed for the purposes of the Constitution to have been passed by both Houses and shall be presented to the President and the President shall not withhold assent therefrom."

9. Amendment of Article 90 of the Constitution.-In the Constitution, Article 90 shall be renumbered as clause (1) of that Article and, after clause (1) renumbered as aforesaid, the following new clause shall be added, namely:-

"(2) Nothing contained in clause (1) shall -

(a) be deemed to transfer to the President any functions conferred by any existing law on the Government of any Province or other authority; or (b) prevent the Majlis-e-Shoora (Parliament) from coffering by law functions on authorities other than the President."

10. Amendment of Article 91 of the Constitution.-In the Constitution, in Article 91,-

(a) after clause (2), the following new clause shall be inserted, namely:- "(2A) Notwithstanding anything contained in clause (2), after the twentieth day of March, one thousand nine hundred and ninety, the President shall invite the member of the National Assembly to be the Prime Minister who commands the confidence of the majority of the members of the National Assembly, as ascertained in a session of the Assembly summoned for the purpose in accordance with the provisions of the Constitution."

(b) in clause (3), after the brackets and figure "(2)" the words, commas, brackets, figure and letter "or; as the case may be, invited under clause (2A)" shall be inserted; and

(c) for clause (5) the following shall be substituted, namely:-

"(5) The Prime Minister shall hold office during the pleasure of the President, but the President shall not exercise his powers under this clause unless he is satisfied that the Prime Minister does not command the confidence of the majority of the members of the National Assembly, in which case he shall summon the National Assembly and require the Prime Minister to obtain a vote of confidence from the Assembly."

11 Amendment of Article 101 of the Constitution.-In the Constitution, in Article 101,- (a) in clause (1), for the words "in his discretion" the words "after consultation with the Prime Minister" shall be substituted. (aa) in clause (2), the proviso shall be omitted; (b) clause (2A) shall be omitted; and (c) in clause (5), after the word "Governor", at the end, the words "in any contingency not provided for in this Part" shall be added.

12. Amendment of Article 105 of the Constitution.-In the Constitution, in Article 105,-

(a) in clause (1),-

(i) for the comma and words "Chief Minister or appropriate Minister" the words "or the Chief Minster" shall be substituted;

(ii) for the first proviso, the following shall be substituted, namely:-

"Provided that the Governor may require the Cabinet or, as the case may be, the Chief Minister to reconsider such advice, whether generally or otherwise and the Governor shall act in accordance with the advice tendered after such reconsideration."; and

(iii)the second proviso shall be omitted; (b) after clause (1), renumbered and amended as aforesaid, the following new clause shall be added, namely:-

"(2) The Governor may also dissolve the Provincial Assembly in his discretion, but subject to the previous approval of the President, where, in his opinion,-

(a) a vote of no-confidence having been passed against the Chief Minister, no other member of the provincial Assembly is likely to command the confidence of the majority of the members of the Provincial Assembly in accordance with the provisions of the Constitution, as ascertained in a session of the Provincial Assembly summoned for the purpose: or

(b) a situation has arisen in which the Government of the Province cannot be carried on in accordance with the provisions of the Constitution and an appeal to the electorate is necessary."

15. Amendment of Article 116 of the Constitution.-In the constitution, in Article 116,-

(a) in clause (2), for the word "forty-five" the word "thirty" shall be substituted; and (b) for clause (3) the following shall be substituted, namely:-

"(3) When the Governor has returned a Bill to the Provincial Assembly, it shall be reconsidered by the Provincial Assembly and, if it is again passed, with or without amendment, by the Provincial Assembly, by the votes of the majority of the members of the Provincial Assembly present and voting, it shall be again presented to the Governor and the Governor shall not withhold assent therefrom."

16. Amendment of Article 130 of the Constitution.- In the Constitution in Article 130,-

(a) after clause (2), the following new clause shall be inserted, namely:-

"(2A) Notwithstanding anything contained in clause (2), after eight, the Governor shall invite the member of the Provincial Assembly to be the Chief Minister who commands the confidence of the majority of the members of the Provincial Assembly, as ascertained in a serion of the Assembly summoned for the purpose in accordance with the provisions of the Constitution;

Provided that nothing contained in this clause shall apply to a Chief Minister holding office on the twentieth day of March, one thousand nine hundred and eighty- eight, in accordance with the provisions of the Constitution."

(b) in clause (3), after the brackets and figure "(2)", the words, commas, brackets, figure and letter "or, as the case may be , invited under clause (2A)" shall be inserted; and

(c) for clause (5) the following shall be substituted, namely:-

"(5) The Chief Minster shall hold office during the pleasure of the Governor, but the Governor shall not exercise his powers under this clause unless he is satisfied that the Chief Minister does not command the confidence of the majority of the members of the Provincial Assembly, in which case he shall summon the Provincial Assembly and required the Chief Minister to obtain a vote of confidence from the Assembly."

17. Amendment of Article 144 of the Constitution.- In the Constitution, in Article 144, clause (2) shall be omitted.

18. Omission of Article 152A of the Constitution.- In the Constitution, Article 152A sahll be omitted.

19. Substitution of Article 270A of the Constitution.- In the Constitution, for Article 270A the following shall be substituted, namely:-

"270A, Affirmation of President's Orders, etc.(1) The Proclamation of the fifth day of July, 1977, all President's Orders, Ordinance, 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. 20 of 1985), the Constitution (Third 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 judgement 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 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 fifth day of July, 1977, and the date on the which this article come into force, in exercise of the powers derived from any Proclamation, President's Orders, ordinance, Martial Law Regulations, Martial Law Orders, enactments, notifications, rules orders or bye-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 judgement 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 bye-laws in force immediately before the date on which this Article comes into force shall continue in force until altered, repeated 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 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 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"."

20. Addition of new Schedule to the Constitution.- In the Constitution after the sixth Schedule, the following new Schedule shall be added, namely:-


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