CHAPTER 4. – GENERAL
Protection to President,Governor,Minister, etc.
248.(1) The President, a Governor, the Prime Minister, a Federal Minister, a Minister of State, the Chief Minister and a Provincial Minister shall not be answerable to any court for the exercise of powers and performance of functions of their respective officers or for any act done or purported to be done in the exercise of those powers and performance of those functions:
Provided that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the Federation or a Province.
(2) No criminal proceedings whatsoever shall be instituted or continued against the President or a Governor in any court during his term of office.
(3) No process for the arrest or imprisonment of the President or a Governor shall issue from any court during his term of office.
(4) No civil proceedings in which relief is claimed against the President or a Governor shall be instituted during his term of office in respect of any thing done or not done by him in his personal capacity whether before or after he enters upon his office unless, at least sixty days before the proceedings are instituted, notice in writing has been delivered to him, or sent to him in the manner prescribed by law, stating the nature of the proceedings, the cause of action, the name, description and place of residence of the party by whom the proceedings are to be instituted and the relief which the party claims.
249.(1) Any legal proceedings which, but for the Constitution,could have been brought by or against the Federation in respect of a matter which, immediately before the commencing day, was the responsibility of the Federation and has, under the Constitution, become the responsibility of a Province, shall be brought by or against Province concerned; and if any such legal proceedings were pending in any court immediately before the commencing day then, in those proceedings, for the Federation the Province concerned shall, as from that day, be deemed to have been substituted.
(2) Any legal proceedings which, but for the Constitution, could have been brought by or against a Province in respect of a matter which, immediately before the commencing day, was the responsibility of the Province and has under the Constitution become the responsibility of the Federation, shall be brought by or against the Federation; and if any such legal proceedings were pending in any court immediately before the commencing day then, in those proceedings, for the Province the Federation shall, as from that day, be deemed to have been substituted.
250.(1) Within two years from the commencing day, provision shall be made by law for determining the salaries, allowances and privileges of the President, the Speaker and Deputy Speaker and member of the National Assembly or a Provincial Assembly, the Chairman and Deputy Chairman and a member of the Senate, the Prime Minister, a Federal Minister, a Minister of State, * * a Chief Minister, a Provincial Minister and the Chief Election Commissioner.
(2) Until other provision is made by law, –
(a) the salaries, allowances and privileges of the President, the Speaker or Deputy Speaker or a member
of the National Assembly or a Provincial Assembly, a Federal Minister, a Minister of State * * a Chief Minister, a Provincial Minister and the Chief Election Commissioner shall be the same as the salaries,
allowances and privileges to which the President, the Speaker or Deputy Speaker or member of the National
Assembly of Pakistan or a Provincial Assembly, a Federal Minister, a Minister of State, * * a Chief Minister,
Legal Proceedings.
Salaries, allowances, etc.,of the President,etc.
a Provincial Minister or, as the case may be, the Chief Election Commissioner was entitled immediately before the commencing day; and
(b) the salaries, allowances and privileges of the Chairman, the Deputy Chairman, the Prime Minister and a member of the Senate shall be such as the President may by Order determine.
(3) The salary, allowances and privileges of a person holding officer as –
(a) the President;
(b) the Chairman or Deputy Chairman;(c) the Speaker of Deputy Speaker of the National Assembly or Provincial Assembly;(d) a Governor;(e) the Chief Election Commissioner; or
(f) the Auditor-General. shall not be varied to his disadvantage during his term of office.
(4) At any time when the Chairman or Speaker is acting as President, he shall be entitled to the same salary,allowances and privileges as a President but shall not exercise any of the functions of the office of Chairman or Speaker or a member of [Majlis-e-Shoora (Parliament)] or be entitled to salary, allowances or privileges as Chairman, Speaker or such a member.
251.(1) The National language of Pakistan is Urdu, and arrangements shall be made for its being used for official and other purposes within fifteen years from the commencing day.
(2) Subject to clause (1), the English language may be used for official purposes until arrangements are made for its replacement by Urdu.
(3) Without prejudice to the status of the National language, a Provincial Assembly may by law prescribe measures for the teaching, promotion and use of a provincial language in addition to the national
language.Special provisions in relation to major ports and aerodromes.
252.(1) Notwithstanding anything contained in the Constitution or in any law, the President may, by public notification, direct that, for a period not exceeding three months from a specified date, a specified law, whether a Federal law or a Provincial law, shall not apply to a specified major port or major aerodrome, or shall apply to a specified major port or major aerodrome subject to specified exceptions or modifications.
(2) The giving of a direction under this Article in relation to any law shall not affect the operation of the law prior to the date specified in the direction.
Maximum limitsas to property,etc.Failure to comply
with requirement as to time does not render an act invalid.Oath of office.
253. (1) [Majlis-e-Shoora (Parliament)] may by law –
(a) prescribe the maximum limits as to property or any class thereof which may be owned, held, possessed or controlled by any person; and
(b) declare that any trade, business, industry or service specified in such law shall be carried on or
owned, to the exclusion, complete or partial, of other persons, by the Federal Government or a Provincial
Government, or by a corporation controlled by any such Government.
(2) Any law which permits a person to own beneficially or possess beneficially an area of land greater than that which, immediately before the commencing day, he could have lawfully owned beneficially or possessed beneficially shall be invalid.
254.When any act or thing is required by the Constitution to be done within a particular period and it is not done within that period, the doing of the act or thing shall not be invalid or otherwise ineffective by reason only that it was not done within that period.
255.(1) An oath required to be made by a person under the Constitution shall [preferably be made in Urdu or] a language that is understood by that person.
(2) Where, under the Constitution, an oath is required to be made before a specified person and, for any reason, it is impracticable for the oath to be made before that person, it may be made before such other person as may be nominated by that person.
(3) Where, under the Constitution, a person is required to make an oath before he enters upon an office, he shall be deemed to have entered upon the office on the day on which he makes the oath.
Private armies forbidden. Provision relating to the State of Jammu and Kashmir.Government of territories outside Provinces.Awards.
256.No private organization capable of functioning as a military organization shall be formed, and any such organization shall be illegal.
257. When the people of the State of Jammu and Kashmir decide to accede to Pakistan, the relationship between Pakistan and that State shall be determined in accordance with the wishes of the people of that State.
258.Subject to the Constitution, until [Majlis-e-Shoora (Parliament)] by law otherwise provides, the President may,by Order, make provision for peace and good government of any part of Pakistan not forming part of a Province.
259.(1) No citizen shall accept any title, honour or decoration from any foreign State except with the approval of the Federal Government.
(2) No title, honour or decoration shall be conferred by the Federal Government or any Provincial Government on any citizen, but the President may award decorations in recognition of gallantry [,meritorious service in the Armed Forces] [academic distinction or distinction in the field of sports or nursing], as provided by Federal law.
(3) All titles, honours and decorations awarded to citizens by any authority in Pakistan before the commencing day otherwise than in recognition of gallantry [, meritorious service in the Armed Forces] or academic distinction shall stand annulled.
CHAPTER 5. – INTERPRETATION
260.(1) In the Constitution, unless the context otherwise requires,the following expressions have the meaning hereby respectively assigned to them, that is to say, –
Act of “[Majlis-e-Shoora (Parliament)]” means an Act passed by [Majlis-e-Shoora (Parliament)] or the National Assembly and assented to, or deemed to have been assented to, by
the President;
“Act of Provincial Assembly” means an Act passed by the Provincial Assembly of a Province and assented to, or deemed to have been assented to, by the Governor;
“Agricultural income” means agricultural income as defined for the purposes of the law relating to income-tax;
“Article” means Article of the Constitution;
”Borrow” includes the raising of money by the grant ofannuities, and “loans” shall be construed accordingly;
“Chairman” means Chairman of the Senate and, except in
Article 49, includes a person acting as Chairman of the
Senate;
[“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;]
“Citizen” means a citizen of Pakistan as defined by law;
“Clause” clause means of the Article in which it occurs;
“Corporation Tax” means any tax on income that is payable by companies and in respect of which the following conditions apply: –
(a) the tax is not chargeable in respect of agricultural income;
(b) no deduction in respect of the tax paid by companies is, by any law which may apply to the tax,
authorised to be made from dividends payable by the companies to individuals;
(c) no provision exists for taking the tax so paid into account in computing for the purposes of income-taxthe total income of individual receiving such dividends, or in computing the income-tax payable by, or refundable to, such individuals;
“Debt” includes any liability in respect of any obligation to repay capital sums by way of annuities and any liability
under any guarantee, and “debt charges” shall be construed accordingly;
“Estate duty” means a duty assessed on, or by reference to,the value of property passing upon death;
“Existing law” has the same meaning as in clause (7) of Article 268;
“Federal law” means a law made by or under the authority of [Majlis-e-Shoora (Parliament)];
“Financial year” means a year commencing on the first day of July;
“Goods” includes all materials, commodities and articles;
“Governor” means the Governor of a Province and includes any person for the time being acting as the Governor of a Province;
“Guarantee” includes any obligation undertaken before the commencing day to make payments in the event of the profits of an undertaking falling short of a specified amount;
“House” means the Senate or the National Assembly;
“Joint sitting” means a joint sitting of the two Houses;
“Judge” in relation to the Supreme Court or a High Court, includes the Chief Justice of the Court and also includes –
(a) in relation to the Supreme Court, a person who is acting as a Judge of the Court; and
(b) in relation to the High Court, a person who is an Additional Judge of the Court;
“Members of the Armed Forces” does not include persons who are not, for the time being, subject to any law relating to the members of the Armed Forces;
“Net proceeds” means, in relation to any tax or duty, the proceeds thereof, reduced by the cost of collection as ascertained and certified by the Auditor-General;
“Oath” includes affirmation;
“Part” means Part of the Constitution;
“Pension” means a pension, whether contributory or not, of any kind whatsoever payable to, or in respect of, any person and includes retired pay so payable, a gratuity so payable,
and any sum or sums so payable by way of the return, with or without interest thereon or any addition thereto, of subscriptions to a provident fund;
“Person” includes any body politic or corporate;
“President” means the President of Pakistan and includes a person for the time being acting as, or performing the functions of, the President of Pakistan and, as respects anything required to be done under the Constitution before the commencing day, the President under the Interim Constitution of the Islamic Republic of Pakistan;
“Property” includes any right, title or interest in property, movable or immovable, and any means and instruments of production;
“Provincial law” means a law made by or under the authority of the Provincial Assembly;
“Remuneration” includes salary and pension;
“Schedule” means Schedule to the Constitution;
“Security of Pakistan” includes the safety, welfare, stability and integrity of Pakistan and of each part of Pakistan, but shall not include public safety as such;
“Service of Pakistan” means any service, post or office in connection with the affairs of the Federation or of a Province,and includes an All-Pakistan Service, service in the Armed Forces and any other service declared to be a service of Pakistan by or under Act of [Majlis-e-Shoora (Parliament)] or of a Provincial Assembly, but does not include service as Speaker, Deputy Speaker, Chairman, Deputy Chairman,
Prime Minister, Federal Minister, Minister of State, Chief Minister, Provincial Minister, (Attorney General, [Advocate General,] Parliamentary Secretary] or [Chairman or member of a Law Commission, Chairman or member of the Council of Islamic Ideology, Special Assistant to the Prime Minister, Adviser to the Prime Minister, Special Assistant to a Chief Minister, Adviser to a Chief Minister], or member of a House or a Provincial Assembly;
“Speaker” means the Speaker of the National Assembly or a Provincial Assembly, and includes any person acting as the Speaker of the Assembly;
“Taxation” includes the imposition of any tax or duty, whether general, local or special, and “tax” shall be construed accordingly;
“Tax on income” includes a tax in the nature of an excess profits tax or a business profits tax.
(2) In the Constitution “Act of [Majlis-e-Shoora (Parliament)]” or “Federal law” or “Act of Provincial Assembly” or “Provincial law” shall include an Ordinance promulgated by the President or, as the case may be, a Governor.
(3) In the Constitution and all enactments and other legal instruments, unless there is anything repugnant in the subject or context, –
(a) “Muslim” means a person who believes in the unity and oneness of Almighty Allah, in the absolute and
unqualified finality of the Prohethood of Muhammad (peace be upon him), the last of the prophets, and does
not believe in, or recognize as a prophet or religious reformer, any person who claimed or claims to be a
prophet, in any sense of the word or of any description whatsoever, after Muhammad (peace be upon him); and
(b) “Non-Muslim” means a person who is not a Muslim and includes a person belonging to the Christian, Hindu, Sikh, Buddhist or Parsi community, a person of the Quadiani group or the Lahori group (who call themselves‘Ahmadis’ or by any other name), or a Bahai, and a person belonging to any of the scheduled castes.]
Person acting in office not to be regarded as successor to previous occupant or office, etc.Gregorian calendar to be used.Gender and number.
261.For the purpose of the Constitution, a person who acts in an office shall not be regarded as the successor to the person who held that office before him or as the predecessor to the person who holds that office after him.
262.For the purposes of the Constitution, periods of time shall be reckoned according to the Gregorian calendar.
263.In the Constitution, –
(a) words importing the masculine gender shall be taken to include females; and
264.Where a law is repealed, or is deemed to have been repealed, by, under, or by virtue of the Constitution, the repeal shall not, except as otherwise provided in the Constitution.
(a) revive anything not in force or existing at the time at which the repeal takes effect;
(b) affect the previous operation of the law or anything duly done or suffered under the law;
(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under the law;
(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the law; or
(e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment;
And any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the law had not been repealed.
(b) words in the singular shall include the plural, and words in the plural shall include the singular.
Protection to President,Governor,Minister, etc.
248.(1) The President, a Governor, the Prime Minister, a Federal Minister, a Minister of State, the Chief Minister and a Provincial Minister shall not be answerable to any court for the exercise of powers and performance of functions of their respective officers or for any act done or purported to be done in the exercise of those powers and performance of those functions:
Provided that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the Federation or a Province.
(2) No criminal proceedings whatsoever shall be instituted or continued against the President or a Governor in any court during his term of office.
(3) No process for the arrest or imprisonment of the President or a Governor shall issue from any court during his term of office.
(4) No civil proceedings in which relief is claimed against the President or a Governor shall be instituted during his term of office in respect of any thing done or not done by him in his personal capacity whether before or after he enters upon his office unless, at least sixty days before the proceedings are instituted, notice in writing has been delivered to him, or sent to him in the manner prescribed by law, stating the nature of the proceedings, the cause of action, the name, description and place of residence of the party by whom the proceedings are to be instituted and the relief which the party claims.
249.(1) Any legal proceedings which, but for the Constitution,could have been brought by or against the Federation in respect of a matter which, immediately before the commencing day, was the responsibility of the Federation and has, under the Constitution, become the responsibility of a Province, shall be brought by or against Province concerned; and if any such legal proceedings were pending in any court immediately before the commencing day then, in those proceedings, for the Federation the Province concerned shall, as from that day, be deemed to have been substituted.
(2) Any legal proceedings which, but for the Constitution, could have been brought by or against a Province in respect of a matter which, immediately before the commencing day, was the responsibility of the Province and has under the Constitution become the responsibility of the Federation, shall be brought by or against the Federation; and if any such legal proceedings were pending in any court immediately before the commencing day then, in those proceedings, for the Province the Federation shall, as from that day, be deemed to have been substituted.
250.(1) Within two years from the commencing day, provision shall be made by law for determining the salaries, allowances and privileges of the President, the Speaker and Deputy Speaker and member of the National Assembly or a Provincial Assembly, the Chairman and Deputy Chairman and a member of the Senate, the Prime Minister, a Federal Minister, a Minister of State, * * a Chief Minister, a Provincial Minister and the Chief Election Commissioner.
(2) Until other provision is made by law, –
(a) the salaries, allowances and privileges of the President, the Speaker or Deputy Speaker or a member
of the National Assembly or a Provincial Assembly, a Federal Minister, a Minister of State * * a Chief Minister, a Provincial Minister and the Chief Election Commissioner shall be the same as the salaries,
allowances and privileges to which the President, the Speaker or Deputy Speaker or member of the National
Assembly of Pakistan or a Provincial Assembly, a Federal Minister, a Minister of State, * * a Chief Minister,
Legal Proceedings.
Salaries, allowances, etc.,of the President,etc.
a Provincial Minister or, as the case may be, the Chief Election Commissioner was entitled immediately before the commencing day; and
(b) the salaries, allowances and privileges of the Chairman, the Deputy Chairman, the Prime Minister and a member of the Senate shall be such as the President may by Order determine.
(3) The salary, allowances and privileges of a person holding officer as –
(a) the President;
(b) the Chairman or Deputy Chairman;(c) the Speaker of Deputy Speaker of the National Assembly or Provincial Assembly;(d) a Governor;(e) the Chief Election Commissioner; or
(f) the Auditor-General. shall not be varied to his disadvantage during his term of office.
(4) At any time when the Chairman or Speaker is acting as President, he shall be entitled to the same salary,allowances and privileges as a President but shall not exercise any of the functions of the office of Chairman or Speaker or a member of [Majlis-e-Shoora (Parliament)] or be entitled to salary, allowances or privileges as Chairman, Speaker or such a member.
251.(1) The National language of Pakistan is Urdu, and arrangements shall be made for its being used for official and other purposes within fifteen years from the commencing day.
(2) Subject to clause (1), the English language may be used for official purposes until arrangements are made for its replacement by Urdu.
(3) Without prejudice to the status of the National language, a Provincial Assembly may by law prescribe measures for the teaching, promotion and use of a provincial language in addition to the national
language.Special provisions in relation to major ports and aerodromes.
252.(1) Notwithstanding anything contained in the Constitution or in any law, the President may, by public notification, direct that, for a period not exceeding three months from a specified date, a specified law, whether a Federal law or a Provincial law, shall not apply to a specified major port or major aerodrome, or shall apply to a specified major port or major aerodrome subject to specified exceptions or modifications.
(2) The giving of a direction under this Article in relation to any law shall not affect the operation of the law prior to the date specified in the direction.
Maximum limitsas to property,etc.Failure to comply
with requirement as to time does not render an act invalid.Oath of office.
253. (1) [Majlis-e-Shoora (Parliament)] may by law –
(a) prescribe the maximum limits as to property or any class thereof which may be owned, held, possessed or controlled by any person; and
(b) declare that any trade, business, industry or service specified in such law shall be carried on or
owned, to the exclusion, complete or partial, of other persons, by the Federal Government or a Provincial
Government, or by a corporation controlled by any such Government.
(2) Any law which permits a person to own beneficially or possess beneficially an area of land greater than that which, immediately before the commencing day, he could have lawfully owned beneficially or possessed beneficially shall be invalid.
254.When any act or thing is required by the Constitution to be done within a particular period and it is not done within that period, the doing of the act or thing shall not be invalid or otherwise ineffective by reason only that it was not done within that period.
255.(1) An oath required to be made by a person under the Constitution shall [preferably be made in Urdu or] a language that is understood by that person.
(2) Where, under the Constitution, an oath is required to be made before a specified person and, for any reason, it is impracticable for the oath to be made before that person, it may be made before such other person as may be nominated by that person.
(3) Where, under the Constitution, a person is required to make an oath before he enters upon an office, he shall be deemed to have entered upon the office on the day on which he makes the oath.
Private armies forbidden. Provision relating to the State of Jammu and Kashmir.Government of territories outside Provinces.Awards.
256.No private organization capable of functioning as a military organization shall be formed, and any such organization shall be illegal.
257. When the people of the State of Jammu and Kashmir decide to accede to Pakistan, the relationship between Pakistan and that State shall be determined in accordance with the wishes of the people of that State.
258.Subject to the Constitution, until [Majlis-e-Shoora (Parliament)] by law otherwise provides, the President may,by Order, make provision for peace and good government of any part of Pakistan not forming part of a Province.
259.(1) No citizen shall accept any title, honour or decoration from any foreign State except with the approval of the Federal Government.
(2) No title, honour or decoration shall be conferred by the Federal Government or any Provincial Government on any citizen, but the President may award decorations in recognition of gallantry [,meritorious service in the Armed Forces] [academic distinction or distinction in the field of sports or nursing], as provided by Federal law.
(3) All titles, honours and decorations awarded to citizens by any authority in Pakistan before the commencing day otherwise than in recognition of gallantry [, meritorious service in the Armed Forces] or academic distinction shall stand annulled.
CHAPTER 5. – INTERPRETATION
260.(1) In the Constitution, unless the context otherwise requires,the following expressions have the meaning hereby respectively assigned to them, that is to say, –
Act of “[Majlis-e-Shoora (Parliament)]” means an Act passed by [Majlis-e-Shoora (Parliament)] or the National Assembly and assented to, or deemed to have been assented to, by
the President;
“Act of Provincial Assembly” means an Act passed by the Provincial Assembly of a Province and assented to, or deemed to have been assented to, by the Governor;
“Agricultural income” means agricultural income as defined for the purposes of the law relating to income-tax;
“Article” means Article of the Constitution;
”Borrow” includes the raising of money by the grant ofannuities, and “loans” shall be construed accordingly;
“Chairman” means Chairman of the Senate and, except in
Article 49, includes a person acting as Chairman of the
Senate;
[“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;]
“Citizen” means a citizen of Pakistan as defined by law;
“Clause” clause means of the Article in which it occurs;
“Corporation Tax” means any tax on income that is payable by companies and in respect of which the following conditions apply: –
(a) the tax is not chargeable in respect of agricultural income;
(b) no deduction in respect of the tax paid by companies is, by any law which may apply to the tax,
authorised to be made from dividends payable by the companies to individuals;
(c) no provision exists for taking the tax so paid into account in computing for the purposes of income-taxthe total income of individual receiving such dividends, or in computing the income-tax payable by, or refundable to, such individuals;
“Debt” includes any liability in respect of any obligation to repay capital sums by way of annuities and any liability
under any guarantee, and “debt charges” shall be construed accordingly;
“Estate duty” means a duty assessed on, or by reference to,the value of property passing upon death;
“Existing law” has the same meaning as in clause (7) of Article 268;
“Federal law” means a law made by or under the authority of [Majlis-e-Shoora (Parliament)];
“Financial year” means a year commencing on the first day of July;
“Goods” includes all materials, commodities and articles;
“Governor” means the Governor of a Province and includes any person for the time being acting as the Governor of a Province;
“Guarantee” includes any obligation undertaken before the commencing day to make payments in the event of the profits of an undertaking falling short of a specified amount;
“House” means the Senate or the National Assembly;
“Joint sitting” means a joint sitting of the two Houses;
“Judge” in relation to the Supreme Court or a High Court, includes the Chief Justice of the Court and also includes –
(a) in relation to the Supreme Court, a person who is acting as a Judge of the Court; and
(b) in relation to the High Court, a person who is an Additional Judge of the Court;
“Members of the Armed Forces” does not include persons who are not, for the time being, subject to any law relating to the members of the Armed Forces;
“Net proceeds” means, in relation to any tax or duty, the proceeds thereof, reduced by the cost of collection as ascertained and certified by the Auditor-General;
“Oath” includes affirmation;
“Part” means Part of the Constitution;
“Pension” means a pension, whether contributory or not, of any kind whatsoever payable to, or in respect of, any person and includes retired pay so payable, a gratuity so payable,
and any sum or sums so payable by way of the return, with or without interest thereon or any addition thereto, of subscriptions to a provident fund;
“Person” includes any body politic or corporate;
“President” means the President of Pakistan and includes a person for the time being acting as, or performing the functions of, the President of Pakistan and, as respects anything required to be done under the Constitution before the commencing day, the President under the Interim Constitution of the Islamic Republic of Pakistan;
“Property” includes any right, title or interest in property, movable or immovable, and any means and instruments of production;
“Provincial law” means a law made by or under the authority of the Provincial Assembly;
“Remuneration” includes salary and pension;
“Schedule” means Schedule to the Constitution;
“Security of Pakistan” includes the safety, welfare, stability and integrity of Pakistan and of each part of Pakistan, but shall not include public safety as such;
“Service of Pakistan” means any service, post or office in connection with the affairs of the Federation or of a Province,and includes an All-Pakistan Service, service in the Armed Forces and any other service declared to be a service of Pakistan by or under Act of [Majlis-e-Shoora (Parliament)] or of a Provincial Assembly, but does not include service as Speaker, Deputy Speaker, Chairman, Deputy Chairman,
Prime Minister, Federal Minister, Minister of State, Chief Minister, Provincial Minister, (Attorney General, [Advocate General,] Parliamentary Secretary] or [Chairman or member of a Law Commission, Chairman or member of the Council of Islamic Ideology, Special Assistant to the Prime Minister, Adviser to the Prime Minister, Special Assistant to a Chief Minister, Adviser to a Chief Minister], or member of a House or a Provincial Assembly;
“Speaker” means the Speaker of the National Assembly or a Provincial Assembly, and includes any person acting as the Speaker of the Assembly;
“Taxation” includes the imposition of any tax or duty, whether general, local or special, and “tax” shall be construed accordingly;
“Tax on income” includes a tax in the nature of an excess profits tax or a business profits tax.
(2) In the Constitution “Act of [Majlis-e-Shoora (Parliament)]” or “Federal law” or “Act of Provincial Assembly” or “Provincial law” shall include an Ordinance promulgated by the President or, as the case may be, a Governor.
(3) In the Constitution and all enactments and other legal instruments, unless there is anything repugnant in the subject or context, –
(a) “Muslim” means a person who believes in the unity and oneness of Almighty Allah, in the absolute and
unqualified finality of the Prohethood of Muhammad (peace be upon him), the last of the prophets, and does
not believe in, or recognize as a prophet or religious reformer, any person who claimed or claims to be a
prophet, in any sense of the word or of any description whatsoever, after Muhammad (peace be upon him); and
(b) “Non-Muslim” means a person who is not a Muslim and includes a person belonging to the Christian, Hindu, Sikh, Buddhist or Parsi community, a person of the Quadiani group or the Lahori group (who call themselves‘Ahmadis’ or by any other name), or a Bahai, and a person belonging to any of the scheduled castes.]
Person acting in office not to be regarded as successor to previous occupant or office, etc.Gregorian calendar to be used.Gender and number.
261.For the purpose of the Constitution, a person who acts in an office shall not be regarded as the successor to the person who held that office before him or as the predecessor to the person who holds that office after him.
262.For the purposes of the Constitution, periods of time shall be reckoned according to the Gregorian calendar.
263.In the Constitution, –
(a) words importing the masculine gender shall be taken to include females; and
264.Where a law is repealed, or is deemed to have been repealed, by, under, or by virtue of the Constitution, the repeal shall not, except as otherwise provided in the Constitution.
(a) revive anything not in force or existing at the time at which the repeal takes effect;
(b) affect the previous operation of the law or anything duly done or suffered under the law;
(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under the law;
(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the law; or
(e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment;
And any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the law had not been repealed.
(b) words in the singular shall include the plural, and words in the plural shall include the singular.
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