CONSTITUTION OF PAKISTAN1 [ANNEX (Article 2 A) The Objectives Resolution
(In the name of Allah, the most Beneficent the most Merciful).
Whereas sovereignty over the entire universe belongs to Allah Almighty alone and the
authority which. He has delegated to the State of Pakistan, through its people for being
exercised within the limits prescribed by Him is a sacred trust;
This Constituent Assembly representing the people of Pakistan resolves to frame a
Accounts not audited before commencing day. Continuance of taxes. Continuance of Proclamation of Emergency. constitution for the sovereign independent State of Pakistan;
Wherein the State shall exercise its powers and authority through the chosen representatives of the people;
Wherein the principles of democracy, freedom, equality, tolerance and social justice as
enunciated by Islam shall be fully observed;
Wherein the Muslims shall be enabled to order their lives in the individual and collective
spheres in accordance with the teachings and requirements of Islam as set out in the Holy
Quran and the Sunnah;
1 New Annex ins. by P.O.No.14 of 1985, Art. 2 and Sch.
Wherein adequate provision shall be made for the minorities to profess and practise their
religions and 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 Federation
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 equality of status, of opportunity
and before law, social, economic and political justice, and freedom of thought, expression,
belief, faith, worship and association, subject to law and public morality;
Wherein adequate provision shall be made to safeguard the legitimate interests of minorities
and backward and depressed classes;
Wherein the independence of the Judiciary shall be fully secured;
Wherein the integrity of the territories of the Federation, its independence and all its
rights including its sovereign rights on land, sea and air shall be safeguarded;
So 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.]
1[FIRST SCHEDULE][Article 8 (3) (b) (4)]Laws exempted from the operation of Article 8 (1) and (2).
PART I I. 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.
II. Regulations
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).
1 The First Schedule as amended by the Constitution (First Amdt.) Act, 1974(33 of 1974.) s.17 (w.e.f. the 4
November, 1975).
6. The Dir and Swat (Devolution and Distribution of Property and Settlement of
Disputes of Immovable Property) (Amendment) Regulation, 1975 (II 0f 1975).
7. 1[7. The Settlement of Disputes of Immovable Property (Chitral) (Amendment)
Regulation, 1976 (II of 1976)].
been subs. by the Constitution (Fourth Amdt.) Act, 1975 (71 of 1975), s 12 (w.e.f. the 21
III. Federal Acts.
st
1. The Land Reforms (Amendment) Act, 1974 (XXX of 1974).
2. The Land Reforms (Amendment) Act, 1975 (XXXIX of 1975).
3. 2[3. The Flour Milling Control and Development Act, 1976 (LVII of 1976)
4. The Rice Milling Control and Development Act, 1976 (LVIII of 1976).
5. The Cotton Ginning Control and Development Act, 1976 (LIX of 1976)].
th
May, 1974), has
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.
1 Entry 7 added by the Constitution (Fifth Amdt.) Act, 1976 (62 of 1976), s.18 (w.e.f. the 13
2 Entries 3 to 5 added ibid. (w.e.f. the 13th
September, 1976).th September, 1976).
III. 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).
1[VI Provincial Ordinance
The Land Reforms (Pat Feeder Canal)(Amendment) Ordinance, 1976].
1 Sub-heading VI and the entry added by the Constitution (Fifth Amdt). Act, 1976 (62 of 1976) s.18 (w.e.f. the 13 September,1976).
PART II
I. President’s Orders
1. The Minerals (Acquisition and Transfer) Order, 1961 (P.O. No.8 of 1961).
2. The Companies (Managing Agency and Election of Directors) Order, 1972 (P.O. No.
2 of 1972).
3. The Co-operative Societies (Reforms) Order, 1992 (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 Rulers of Acceding States (Abolition of Privy Purses and Privileges) Order,
1972 (P.O.No. 15 of 1972).
th
7 The Industrial Sanctions and Licences (Cancellation) Order, 1972 (P.O. No. 16 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 Scrutiny of Claims (Evacuee Property) Regulation, 1961.
4. The Income Tax (Correction of Returns and False Declaration) Regulation, 1969.
5. 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 Possession) 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 Dues (Recovery) Regulation, 1971.
12. The Peshawar District and Tribal Areas (Settlement of Disputes) Regulation, 1971.
13. The Convention Muslim League and Awami League (Scrutiny 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 Sale 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 (VIII 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. Ordinances 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 (W.P.Ordinance No.IV of 1963).
VI. Ordinances Promulgated by the Governor of the North West Frontier Province.
1. The 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)].
1[SECOND SCHEDULE[Article 41 (3)]Election of President
1. The Chief Election Commissioner shall hold and conduct election to the office of
President, and shall be the Returning Officer for such election.
2. The Chief Election Commissioner shall appoint Presiding Officers to preside at the
meeting of the members of Majlis-e-Shoora (Parliament) and at the meetings of the
members of the Provincial Assemblies.
3. The Chief Election Commissioner shall by public notification fix the time and place
for depositing nomination papers, holding a scrutiny, making withdrawals, if any, and
holding the poll, if necessary.
4. At any time before noon on the day fixed for nomination any member of the Majlis-eShoora
(Parliament) or of a Provincial Assembly
may nominate for election as President a
person
qualified for election as President by delivering
to the Presiding Officer a nomination
paper,
signed by himself as proposer and by another
member of the Majlis-e-Shoora
(Parliament)
or, as the case may be Assembly
as seconder, together
with a statement
signed
by the person nominated that he
consents to the nomination.
Provided that no person shall subscribe, whether as proposer or as seconder, more than
one nomination paper at any one election.
1. Subs. by P.O. No. 14 of 1985, Art. 2 and Sch., for Second Schedule.
5. The scrutiny shall be held by the Chief Election Commissioner at the time and place
fixed by him, and if after scrutiny only one person remains validly nominated, the Chief
Election Commissioner shall declare that person to be elected, or if more than one person
remains validly nominated, he shall announce, by public notification, the names of the
persons validly nominated, to be hereinafter called the candidates.
6. A candidate may withdraw his candidature at any time before noon on the day fixed
for this purpose by delivering a notice in writing under his hand to the Presiding Officer with
whom his nomination paper has been deposited, and a candidate who has given a notice of
withdrawal of his candidature under this paragraph shall not be allowed to cancel that
notice.
7. If all but one of the candidates have withdrawn, that one shall be declared by the
Chief Election Commissioner to be elected.
8. If there is no withdrawal, or if, after withdrawals have taken place, two or more
candidates are left, the Chief Election Commissioner shall announce by public notification
the names of the candidates, and their proposers and seconders, and shall proceed to hold
a poll by secret ballot in accordance with the provisions of the succeeding paragraphs.
9. If a candidate whose nomination has been found to be in order dies after the time
fixed for nomination, and a report of his death is received by the Presiding Officer before the
commencement of the pool, the Presiding Officer shall, upon being satisfied of the fact of
the death of the candidate, countermand the poll and report the fact to the Chief Election
Commissioner, and all proceedings with reference to the election shall be commenced a
new in all respects as if for a new election.
Provided that no further nomination shall be necessary in the case of a candidate
whose nomination was valid at the time of the countermanding of the poll:
Provided further that no person who has under paragraph 6 of this Schedule given notice of
withdrawal of his candidature before the countermanding of the poll shall be ineligible for
being nominated as a candidate for the election after such countermanding.
10. The poll shall be taken at the meetings of Majlis-e-Shoora (Parliament) and of each
Provincial Assembly, and the respective Presiding Officers shall conduct the poll with the
assistance of such officers as they may with the approval of the Chief Election
Commissioner, respectively appoint.
11. A ballot paper shall be issued to every member of Majlis-e-Shoora (Parliament), and
of each Provincial Assembly, who presents himself for voting at the meeting of the member
of the Majlis-e-Shoora (Parliament) or, as the case may be of the Provincial Assembly of
which he is a member (hereinafter referred to as a person voting), and he shall exercise his
vote personally by marking the paper in accordance with the provisions of the succeeding
paragraphs.
12. The poll shall be by secret ballot by means of ballot papers containing the names of
all the candidates in alphabetical order who have not withdrawn, and a person voting shall
vote by placing a mark against the name of the person for whom he wishes to vote.
13. Ballot papers shall be issued from a book of ballot papers with counterfoils, each
counterfoil being numbered; and when a ballot paper is issued to a person voting his name
shall be entered on the counterfoil, and the ballot paper shall be authenticated by the initials
of the Presiding Officer.
14. A ballot paper having been marked by the person voting shall be deposited by that
person in a ballot box to be placed in front of the Presiding Officer.
15. If a ballot paper is spoiled by a person voting he may return it to the Presiding
Officer, who shall issue a second ballot paper, canceling the first ballot paper and marking
the cancellation on the appropriate counterfoil.
16. A ballot paper shall be invalid if__
(i) there is upon it any name, word or mark, by which the person voting may be
identified; or
(ii) it does not contain the initials of the Presiding Officer; or
(iii) it does not contain mark; or
(iv) a mark is placed against the names of two or more candidates; or
(v) there is any uncertainty as to the identity of the candidate against whose name the
mark is placed.
17. After the close of the poll each Presiding Officer shall, in the presence of such of the
candidates or their authorized representatives as may desire to be present, open and empty
the ballot boxes and examine the ballot papers therein, rejecting any which are invalid,
count the number of votes recorded for each candidate on the valid ballot papers and
communicate the number of the votes so recorded to the Chief Election Commissioner.
18. (1) The Chief Election Commissioner shall determine the result of the election in the
following manner, namely:-
(a) the number of votes cast in the Majlis-e-Shoora (Parliament) in favour of each
candidate shall be counted;
(b) the number of votes cast in a Provincial Assembly in favour of each candidate shall
be multiplied by the total number of seats in the Provincial Assembly for the time being
having the smallest number of seats and divided by the total number of seats in the
Provincial Assembly in which the votes have been cast; and
(c the number of votes calculated in the manner referred to in clause (b) shall be
added to the number of votes counted under clause (a).
Explanation. __ In this paragraph, “total number of seats” includes seats reserved for nonMuslims
and women.
(2) A fraction shall be rounded off to the nearest whole.
19.
The
candidate who has obtained the largest number of votes compiled in the
manner specified in paragraph 18 shall be declared by the Chief Election Commissioner to
be elected.
20. Where at any poll any two or more candidates obtain an equal number of votes, the
selection of the candidate to be elected shall be by drawing of lots.
21. When, after any poll, the counting of the votes has been completed, and the result of
the voting determined, the Chief Election Commissioner Shall forthwith announce the result
to those present, and shall report the result to the Federal Government, who shall forthwith
cause the result to be declared by a public notification.
22. The Chief Election Commissioner may, by public notification, with the approval of
the President, make rules for carrying out the purposes of this Schedule.]
THIRD SCHEDULE
Oaths of Office PRESIDENT [Article 42]
(In the name of Allah, the most Beneficent, the most Merciful.)
I, do solemnly swear that I am a Muslim and
believe in the Unity and Oneness of Almighty Allah, the Books of Allah, The Holy Quran
being the last of them, the Prophet hood of Muhammad (peace be upon him) as the last of
the Prophets and that there can be no Prophet after him, the Day of Judgment, and all the
requirements and teachings of the Holy Quran and Sunnah.
That I will bear true faith and allegiance to Pakistan:
That, as President of Pakistan, I will discharge my duties, and perform my functions,
honestly, to the best of my ability, faithfully in accordance with the Constitution of the Islamic
Republic of Pakistan and the law, and always in the interest of the sovereignty, integrity,
solidarity, well-being and prosperity of Pakistan:
That I will strive to preserve the Islamic Ideology, which is the basis for the creation
of Pakistan:
That I will not allow my personal interest to influence my official conduct or my
official decisions:
That I will preserve, protect and defend the Constitution of the Islamic Republic of
Pakistan:
That, in all circumstances, I will do right to all manner of people, according to law,
without fear or favour, affection or ill-will:
And that I will not directly or indirectly communicate or reveal to any person any
matter, which shall be brought under my consideration or shall become known to me as
President of Pakistan, except as may be required for the due discharge of my duties as
President.
1[May Allah Almighty help and guide me (A’meen).]
1 Added by P.O.No.14 of 1985, Art.2 and Sch.
PRIME MINISTER [Article 91 (4)
(In the name of Allah, the most Beneficent, the most Merciful.)
I, ________________________________, do solemnly swear that I am a Muslim and
believe in the Unity and Oneness of Almighty Allah, the Books of Allah, the Holy Quran
being the last of them, the Prophet hood of Muhammad (peace be upon him) as the last of
the Prophets and that there can be no Prophet after him, the Day of Judgment, and all the
requirements and teachings of the Holy Quran and Sunnah:
That I will bear true faith and allegiance to Pakistan.
That, as Prime Minister of Pakistan, I will discharge may duties, and perform my
functions, honestly, to the best of my ability, faithfully in accordance with the Constitution of
the Islamic Republic of Pakistan and the law, and always in the interest of the sovereignty,
integrity, solidarity, well-being and prosperity of Pakistan
That I will strive to preserve the Islamic Ideology, which is the basis for the creation of
Pakistan.
That I will not allow my personal interest to influence my official conduct or my official
decision:
That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:
That, in all circumstances, I will do right to all manner of people, according to law, without
fear or favour, affection or ill-will:
And that I will not directly or indirectly communicate or reveal to any person any matter,
which shall be brought under my consideration or shall become known to me as Prime
Minister, except as may be required for the due discharge of my duties as Prime Minister.
1[May Allah Almighty help and guide me (A’ mean).]
(In the name of Allah, the most Beneficent the most Merciful).
Whereas sovereignty over the entire universe belongs to Allah Almighty alone and the
authority which. He has delegated to the State of Pakistan, through its people for being
exercised within the limits prescribed by Him is a sacred trust;
This Constituent Assembly representing the people of Pakistan resolves to frame a
Accounts not audited before commencing day. Continuance of taxes. Continuance of Proclamation of Emergency. constitution for the sovereign independent State of Pakistan;
Wherein the State shall exercise its powers and authority through the chosen representatives of the people;
Wherein the principles of democracy, freedom, equality, tolerance and social justice as
enunciated by Islam shall be fully observed;
Wherein the Muslims shall be enabled to order their lives in the individual and collective
spheres in accordance with the teachings and requirements of Islam as set out in the Holy
Quran and the Sunnah;
1 New Annex ins. by P.O.No.14 of 1985, Art. 2 and Sch.
Wherein adequate provision shall be made for the minorities to profess and practise their
religions and 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 Federation
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 equality of status, of opportunity
and before law, social, economic and political justice, and freedom of thought, expression,
belief, faith, worship and association, subject to law and public morality;
Wherein adequate provision shall be made to safeguard the legitimate interests of minorities
and backward and depressed classes;
Wherein the independence of the Judiciary shall be fully secured;
Wherein the integrity of the territories of the Federation, its independence and all its
rights including its sovereign rights on land, sea and air shall be safeguarded;
So 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.]
1[FIRST SCHEDULE][Article 8 (3) (b) (4)]Laws exempted from the operation of Article 8 (1) and (2).
PART I I. 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.
II. Regulations
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).
1 The First Schedule as amended by the Constitution (First Amdt.) Act, 1974(33 of 1974.) s.17 (w.e.f. the 4
November, 1975).
6. The Dir and Swat (Devolution and Distribution of Property and Settlement of
Disputes of Immovable Property) (Amendment) Regulation, 1975 (II 0f 1975).
7. 1[7. The Settlement of Disputes of Immovable Property (Chitral) (Amendment)
Regulation, 1976 (II of 1976)].
been subs. by the Constitution (Fourth Amdt.) Act, 1975 (71 of 1975), s 12 (w.e.f. the 21
III. Federal Acts.
st
1. The Land Reforms (Amendment) Act, 1974 (XXX of 1974).
2. The Land Reforms (Amendment) Act, 1975 (XXXIX of 1975).
3. 2[3. The Flour Milling Control and Development Act, 1976 (LVII of 1976)
4. The Rice Milling Control and Development Act, 1976 (LVIII of 1976).
5. The Cotton Ginning Control and Development Act, 1976 (LIX of 1976)].
th
May, 1974), has
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.
1 Entry 7 added by the Constitution (Fifth Amdt.) Act, 1976 (62 of 1976), s.18 (w.e.f. the 13
2 Entries 3 to 5 added ibid. (w.e.f. the 13th
September, 1976).th September, 1976).
III. 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).
1[VI Provincial Ordinance
The Land Reforms (Pat Feeder Canal)(Amendment) Ordinance, 1976].
1 Sub-heading VI and the entry added by the Constitution (Fifth Amdt). Act, 1976 (62 of 1976) s.18 (w.e.f. the 13 September,1976).
PART II
I. President’s Orders
1. The Minerals (Acquisition and Transfer) Order, 1961 (P.O. No.8 of 1961).
2. The Companies (Managing Agency and Election of Directors) Order, 1972 (P.O. No.
2 of 1972).
3. The Co-operative Societies (Reforms) Order, 1992 (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 Rulers of Acceding States (Abolition of Privy Purses and Privileges) Order,
1972 (P.O.No. 15 of 1972).
th
7 The Industrial Sanctions and Licences (Cancellation) Order, 1972 (P.O. No. 16 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 Scrutiny of Claims (Evacuee Property) Regulation, 1961.
4. The Income Tax (Correction of Returns and False Declaration) Regulation, 1969.
5. 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 Possession) 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 Dues (Recovery) Regulation, 1971.
12. The Peshawar District and Tribal Areas (Settlement of Disputes) Regulation, 1971.
13. The Convention Muslim League and Awami League (Scrutiny 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 Sale 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 (VIII 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. Ordinances 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 (W.P.Ordinance No.IV of 1963).
VI. Ordinances Promulgated by the Governor of the North West Frontier Province.
1. The 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)].
1[SECOND SCHEDULE[Article 41 (3)]Election of President
1. The Chief Election Commissioner shall hold and conduct election to the office of
President, and shall be the Returning Officer for such election.
2. The Chief Election Commissioner shall appoint Presiding Officers to preside at the
meeting of the members of Majlis-e-Shoora (Parliament) and at the meetings of the
members of the Provincial Assemblies.
3. The Chief Election Commissioner shall by public notification fix the time and place
for depositing nomination papers, holding a scrutiny, making withdrawals, if any, and
holding the poll, if necessary.
4. At any time before noon on the day fixed for nomination any member of the Majlis-eShoora
(Parliament) or of a Provincial Assembly
may nominate for election as President a
person
qualified for election as President by delivering
to the Presiding Officer a nomination
paper,
signed by himself as proposer and by another
member of the Majlis-e-Shoora
(Parliament)
or, as the case may be Assembly
as seconder, together
with a statement
signed
by the person nominated that he
consents to the nomination.
Provided that no person shall subscribe, whether as proposer or as seconder, more than
one nomination paper at any one election.
1. Subs. by P.O. No. 14 of 1985, Art. 2 and Sch., for Second Schedule.
5. The scrutiny shall be held by the Chief Election Commissioner at the time and place
fixed by him, and if after scrutiny only one person remains validly nominated, the Chief
Election Commissioner shall declare that person to be elected, or if more than one person
remains validly nominated, he shall announce, by public notification, the names of the
persons validly nominated, to be hereinafter called the candidates.
6. A candidate may withdraw his candidature at any time before noon on the day fixed
for this purpose by delivering a notice in writing under his hand to the Presiding Officer with
whom his nomination paper has been deposited, and a candidate who has given a notice of
withdrawal of his candidature under this paragraph shall not be allowed to cancel that
notice.
7. If all but one of the candidates have withdrawn, that one shall be declared by the
Chief Election Commissioner to be elected.
8. If there is no withdrawal, or if, after withdrawals have taken place, two or more
candidates are left, the Chief Election Commissioner shall announce by public notification
the names of the candidates, and their proposers and seconders, and shall proceed to hold
a poll by secret ballot in accordance with the provisions of the succeeding paragraphs.
9. If a candidate whose nomination has been found to be in order dies after the time
fixed for nomination, and a report of his death is received by the Presiding Officer before the
commencement of the pool, the Presiding Officer shall, upon being satisfied of the fact of
the death of the candidate, countermand the poll and report the fact to the Chief Election
Commissioner, and all proceedings with reference to the election shall be commenced a
new in all respects as if for a new election.
Provided that no further nomination shall be necessary in the case of a candidate
whose nomination was valid at the time of the countermanding of the poll:
Provided further that no person who has under paragraph 6 of this Schedule given notice of
withdrawal of his candidature before the countermanding of the poll shall be ineligible for
being nominated as a candidate for the election after such countermanding.
10. The poll shall be taken at the meetings of Majlis-e-Shoora (Parliament) and of each
Provincial Assembly, and the respective Presiding Officers shall conduct the poll with the
assistance of such officers as they may with the approval of the Chief Election
Commissioner, respectively appoint.
11. A ballot paper shall be issued to every member of Majlis-e-Shoora (Parliament), and
of each Provincial Assembly, who presents himself for voting at the meeting of the member
of the Majlis-e-Shoora (Parliament) or, as the case may be of the Provincial Assembly of
which he is a member (hereinafter referred to as a person voting), and he shall exercise his
vote personally by marking the paper in accordance with the provisions of the succeeding
paragraphs.
12. The poll shall be by secret ballot by means of ballot papers containing the names of
all the candidates in alphabetical order who have not withdrawn, and a person voting shall
vote by placing a mark against the name of the person for whom he wishes to vote.
13. Ballot papers shall be issued from a book of ballot papers with counterfoils, each
counterfoil being numbered; and when a ballot paper is issued to a person voting his name
shall be entered on the counterfoil, and the ballot paper shall be authenticated by the initials
of the Presiding Officer.
14. A ballot paper having been marked by the person voting shall be deposited by that
person in a ballot box to be placed in front of the Presiding Officer.
15. If a ballot paper is spoiled by a person voting he may return it to the Presiding
Officer, who shall issue a second ballot paper, canceling the first ballot paper and marking
the cancellation on the appropriate counterfoil.
16. A ballot paper shall be invalid if__
(i) there is upon it any name, word or mark, by which the person voting may be
identified; or
(ii) it does not contain the initials of the Presiding Officer; or
(iii) it does not contain mark; or
(iv) a mark is placed against the names of two or more candidates; or
(v) there is any uncertainty as to the identity of the candidate against whose name the
mark is placed.
17. After the close of the poll each Presiding Officer shall, in the presence of such of the
candidates or their authorized representatives as may desire to be present, open and empty
the ballot boxes and examine the ballot papers therein, rejecting any which are invalid,
count the number of votes recorded for each candidate on the valid ballot papers and
communicate the number of the votes so recorded to the Chief Election Commissioner.
18. (1) The Chief Election Commissioner shall determine the result of the election in the
following manner, namely:-
(a) the number of votes cast in the Majlis-e-Shoora (Parliament) in favour of each
candidate shall be counted;
(b) the number of votes cast in a Provincial Assembly in favour of each candidate shall
be multiplied by the total number of seats in the Provincial Assembly for the time being
having the smallest number of seats and divided by the total number of seats in the
Provincial Assembly in which the votes have been cast; and
(c the number of votes calculated in the manner referred to in clause (b) shall be
added to the number of votes counted under clause (a).
Explanation. __ In this paragraph, “total number of seats” includes seats reserved for nonMuslims
and women.
(2) A fraction shall be rounded off to the nearest whole.
19.
The
candidate who has obtained the largest number of votes compiled in the
manner specified in paragraph 18 shall be declared by the Chief Election Commissioner to
be elected.
20. Where at any poll any two or more candidates obtain an equal number of votes, the
selection of the candidate to be elected shall be by drawing of lots.
21. When, after any poll, the counting of the votes has been completed, and the result of
the voting determined, the Chief Election Commissioner Shall forthwith announce the result
to those present, and shall report the result to the Federal Government, who shall forthwith
cause the result to be declared by a public notification.
22. The Chief Election Commissioner may, by public notification, with the approval of
the President, make rules for carrying out the purposes of this Schedule.]
THIRD SCHEDULE
Oaths of Office PRESIDENT [Article 42]
(In the name of Allah, the most Beneficent, the most Merciful.)
I, do solemnly swear that I am a Muslim and
believe in the Unity and Oneness of Almighty Allah, the Books of Allah, The Holy Quran
being the last of them, the Prophet hood of Muhammad (peace be upon him) as the last of
the Prophets and that there can be no Prophet after him, the Day of Judgment, and all the
requirements and teachings of the Holy Quran and Sunnah.
That I will bear true faith and allegiance to Pakistan:
That, as President of Pakistan, I will discharge my duties, and perform my functions,
honestly, to the best of my ability, faithfully in accordance with the Constitution of the Islamic
Republic of Pakistan and the law, and always in the interest of the sovereignty, integrity,
solidarity, well-being and prosperity of Pakistan:
That I will strive to preserve the Islamic Ideology, which is the basis for the creation
of Pakistan:
That I will not allow my personal interest to influence my official conduct or my
official decisions:
That I will preserve, protect and defend the Constitution of the Islamic Republic of
Pakistan:
That, in all circumstances, I will do right to all manner of people, according to law,
without fear or favour, affection or ill-will:
And that I will not directly or indirectly communicate or reveal to any person any
matter, which shall be brought under my consideration or shall become known to me as
President of Pakistan, except as may be required for the due discharge of my duties as
President.
1[May Allah Almighty help and guide me (A’meen).]
1 Added by P.O.No.14 of 1985, Art.2 and Sch.
PRIME MINISTER [Article 91 (4)
(In the name of Allah, the most Beneficent, the most Merciful.)
I, ________________________________, do solemnly swear that I am a Muslim and
believe in the Unity and Oneness of Almighty Allah, the Books of Allah, the Holy Quran
being the last of them, the Prophet hood of Muhammad (peace be upon him) as the last of
the Prophets and that there can be no Prophet after him, the Day of Judgment, and all the
requirements and teachings of the Holy Quran and Sunnah:
That I will bear true faith and allegiance to Pakistan.
That, as Prime Minister of Pakistan, I will discharge may duties, and perform my
functions, honestly, to the best of my ability, faithfully in accordance with the Constitution of
the Islamic Republic of Pakistan and the law, and always in the interest of the sovereignty,
integrity, solidarity, well-being and prosperity of Pakistan
That I will strive to preserve the Islamic Ideology, which is the basis for the creation of
Pakistan.
That I will not allow my personal interest to influence my official conduct or my official
decision:
That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:
That, in all circumstances, I will do right to all manner of people, according to law, without
fear or favour, affection or ill-will:
And that I will not directly or indirectly communicate or reveal to any person any matter,
which shall be brought under my consideration or shall become known to me as Prime
Minister, except as may be required for the due discharge of my duties as Prime Minister.
1[May Allah Almighty help and guide me (A’ mean).]
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