First National Assembly.
271.(1) Notwithstanding anything contained in the Constitution,but subject to [Article 63] Article 64 and Article 223, –
[(a) the National Assembly shall consist of –
(i) persons who have taken oath in the National Assembly or Pakistan existing immediately before
the commencing day, and
(ii) the persons to be elected in accordance with law by the members of the National 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 National Assembly in the Constitution shall be construed accordingly;]
(b) the qualifications and disqualifications for being elected and being a member of the first National
Assembly shall, except in case of members filling casual vacancies [, or to be elected to the additional
seats referred to in clause (2A) of Article 51,] after the commencing day, be the same as under the Interim
Constitution of the Islamic Republic of Pakistan:
(2) If a person referred to in paragraph (a) of clause (1) is, immediately before the commencing day, also a member of a Provincial Assembly, he shall not take a seat in the National Assembly or the Provincial Assembly until he resigns one of his seats.
(3) A casual vacancy in a seat in the first National Assembly, including a vacancy in a seat in the National Assembly of Pakistan existing before the commencing day which was not
filled before that day, caused by reason of death or resignation of a member or consequent upon his incurring a disqualification or ceasing to be a member as a result of the final decision of an election petition may be filled in the same manner in which it would have been filled before the commencing day.
(4) A person referred to in paragraph (a) of clause (1) shall not sit or vote in the National Assembly until he has made the oath prescribed by Article 65 and, if, without the leave of the Speaker of the National Assembly granted on reasonable cause shown, he fails to make the oath within twenty one days from the day of the first meeting of the Assembly, his seat shall become vacant at the expiration of
that period.
First [Constitution of] Senate.
272, Notwithstanding anything contained in the Constitution, but subject to (Article 63 and] Article 223, –
(a) the Senate shall, until the first National Assembly under the Constitution continues in existence, consist of
forty-five members and the provisions of Article 59 shall have effect as if, in paragraph (a) of clause (1) thereof, for the word “fourteen” the word “ten” and in paragraph
(b) of that clause for the word “five” the word “three”, were substituted, and reference to “total membership”
of the Senate in the Constitution shall be construed accordingly;
(c) the members elected or chosen as members of the Senate shall be divided into two groups by drawing of
lots, the first group consisting of five members from each Province, two members from the Federally
Administered Tribal Areas and one member from the Federal Capital and the second group consisting of five
members from each Province one member from the said Areas and one member from the Federal Capital;
(d) the term of office of members of the first group and of the second group shall respectively be two years and four years;
(e) the term of office of persons elected or chosen to succeed the members of the Senate at the expiration of their respective terms shall be four years;
(f) the term of office of a person elected or chosen to fill a casual vacancy shall be the unexpired term of the
member whose vacancy he is elected or chosen to fill;
(g) as soon as the first general election to the National Assembly is held, there shall be elected to the Senate
four additional members from each Province and two additional members from the federally Administered
Tribal Areas; and
(h) the term of office of such half of the members elected under paragraph (f) as may be determined by
drawing of lots shall be the unexpired term of office of the members of the first group and the term of office of the other half shall be the unexpired term of the members of the second group.
273.(1) Notwithstanding anything contained in the Constitution, but subject to [Article 63,] Article 64 and Article 223, –
[(a) the first Assembly of a Province under the Constitution shall consist of –
(i) the members of the Assembly of that Province in existence immediately before the commencing
day; and (ii) the additional members to be elected in accordance with law by the members of the
Assembly to fill the seats referred to in clause (3) of Article 106, and, unless sooner dissolved, shall continue until the fourteenth day of August, one thousand nine hundred and seventy-seven; and reference “total membership” of the Assembly of a Province in the Constitution shall
be construed accordingly;]
(b) the qualifications and disqualifications for membership of the first Assembly of a Provincial shall,
except in case of members filling casual vacancies [, or to be elected to the additional seats referred to in
clause (3) of Article 106,] after the commencing day, be the same as were provided in the Interim Constitution of the Islamic Republic of Pakistan:
Provided that no person holding an office of profit in the service of Pakistan shall continue to be a member of the Assembly after the expiration of three months from the commencing day.
(2) A casual vacancy in a seat in the first Assembly of a Province, including a vacancy in a seat in the Assembly of that Province in existence immediately before the commencing day which was not filled before that day,caused by reason of death or resignation of a member or consequent upon his incurring a disqualification or ceasing to be a member as a result of the final decision of an election petition may be filled in the same manner in which it would have been filled before the commencing day.
(3) A member referred to in paragraph (a) of clause (1) shall not sit or vote in the Provincial Assembly until he has made the oath prescribed by Article 65 read with Article 127 and, if, without leave of the Speaker of the Provincial Assembly granted on reasonable cause shown, he fails to make the oath with twenty-one days from the day of the first meeting of the Provincial Assembly, his seat shall become vacant at the expiration of that period.
Vesting of property, assets, rights, liabilities and obligations.
274.(1) All property and assets which, immediately before the commencing day, were vested in the President or the Federal Government shall, as from that day, vest in the Federal Government unless they were used for purposes which, on that day, became purposes of the Government of a Province, in which case they shall, as from that day, vest in the Government of the Province.
(2) All property and assets which, immediately before the commencing day, were vested in the Government of a Province, shall, as from that day, continue to be vested in the Government of that Province, unless they were used for purposes, which on that day, became purposes of the Federal Government in which case they shall, as from that day, vest in the Federal Government.
(3) All rights, liabilities and obligations of the Federal Government or of the Government of a Province, whether arising out of contract or otherwise, shall as from the commencing day, continue to be respectively the rights,liabilities and obligations of the Federal Government or of the Government of the Province, except that –
(a) all rights, liabilities and obligations relating to any matter which, immediately before that day, was the
responsibility of the Federal Government, but which under the Constitution, has become the responsibility of
the Government of a Province, shall devolve upon the Government of that Province; and
(b) all rights, liabilities and obligations relating to any matter which, immediately before that day, was the
responsibility of the Government of a Province, but which under the Constitution, has become the responsibility of the Federal Government, shall devolve upon the Federal Government.
Continuance in office of persons in service of Pakistan, etc.
275.(1) Subject to the Constitution and until law is made underArticle 240 any person who, immediately before the commencing day, was in the service of Pakistan shall, as
from that day, continue in the service of Pakistan on the same terms and conditions as were applicable to him under the Interim Constitution of the Islamic Republic of Pakistan
immediately before that day.
(2) Clause (1) shall also apply in relation to a person holding office immediately before the commencing day as –
(a) Chief Justice of Pakistan or other Judge of the Supreme Court, or Chief Justice or other Judge of a High Court;
(b) Governor of a Province;
(c) Chief Minister of a Province;
(d) Speaker or Deputy Speaker of the National Assembly or a Provincial Assembly;
(e) Chief Election Commissioner;
(f) Attorney-General for Pakistan or Advocate-General for a Province;
(g) Auditor-General of Pakistan.
(3) Notwithstanding anything contained in the Constitution, for a period of six months from the commencing day, a Federal Minister or a Minister of State or the Chief Minister of a Province or a Provincial Minister may be a person who is not a member of [Majlis-e-Shoora (Parliament)] or, as the
case may be, the Provincial Assembly of that Province; and such Chief Minister and Provincial Minister shall have the right to speak and otherwise take part in the proceedings of the Provincial Assembly or any committee thereof of which he may be named a member, but shall not by virtue of this clause be entitled to vote.
(4) Any person who, under this Article, is continued in an office in respect of which a form of oath is set out in the Third Schedule shall, as soon as is practicable after the commencing day make before the appropriate person oath in that form.
(5) Subject to the Constitution and law –
(a) all civil, criminal and revenue courts exercising jurisdiction and functions immediately before the
commencing day shall, as from that day, continue to exercise their respective jurisdictions and functions; and
(b) all authorities and all officers (whether judicial, executive, revenue or ministerial) throughout Pakistan exercising functions immediately before the commencing day shall, as from that day, continue to
exercise their respective functions.
Oath of first President. Transitional financial, provisions.
276.Notwithstanding anything contained in the Constitution, the first President may, in the absence of the Chief Justice of Pakistan, make the oath referred to in Article 42 before the Speaker of the National Assembly.
277.(1) The schedule or authorized expenditure authenticated by the President for the financial year ending on the thirtieth day of June, one thousand nine hundred and seventy-four, shall continue to remain a valid authority for expenditure from the Federal Consolidated Fund for that year.
(2) The President may, in respect of expenditure of the Federal Government for any financial year preceding the financial year commencing on the first day of July, one thousand nine hundred and seventy-three (being expenditure in excess of the authorized expenditure for that year), authorize the withdrawal of moneys from the Federal Consolidated Fund.
(3) The provisions of clauses (1) and (2) shall apply to and in relation to a Province, and for that purpose –
(a) any reference in those provisions to the President shall be read as a reference to the Governor of the Province;
(b) any reference in those provisions to the Federal Government shall be read as a reference to the Government of the Province; and
(c) any reference in those provisions to the Federal Consolidated Fund shall be read as a reference to the Provincial Consolidated Fund of the Province.
271.(1) Notwithstanding anything contained in the Constitution,but subject to [Article 63] Article 64 and Article 223, –
[(a) the National Assembly shall consist of –
(i) persons who have taken oath in the National Assembly or Pakistan existing immediately before
the commencing day, and
(ii) the persons to be elected in accordance with law by the members of the National 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 National Assembly in the Constitution shall be construed accordingly;]
(b) the qualifications and disqualifications for being elected and being a member of the first National
Assembly shall, except in case of members filling casual vacancies [, or to be elected to the additional
seats referred to in clause (2A) of Article 51,] after the commencing day, be the same as under the Interim
Constitution of the Islamic Republic of Pakistan:
(2) If a person referred to in paragraph (a) of clause (1) is, immediately before the commencing day, also a member of a Provincial Assembly, he shall not take a seat in the National Assembly or the Provincial Assembly until he resigns one of his seats.
(3) A casual vacancy in a seat in the first National Assembly, including a vacancy in a seat in the National Assembly of Pakistan existing before the commencing day which was not
filled before that day, caused by reason of death or resignation of a member or consequent upon his incurring a disqualification or ceasing to be a member as a result of the final decision of an election petition may be filled in the same manner in which it would have been filled before the commencing day.
(4) A person referred to in paragraph (a) of clause (1) shall not sit or vote in the National Assembly until he has made the oath prescribed by Article 65 and, if, without the leave of the Speaker of the National Assembly granted on reasonable cause shown, he fails to make the oath within twenty one days from the day of the first meeting of the Assembly, his seat shall become vacant at the expiration of
that period.
First [Constitution of] Senate.
272, Notwithstanding anything contained in the Constitution, but subject to (Article 63 and] Article 223, –
(a) the Senate shall, until the first National Assembly under the Constitution continues in existence, consist of
forty-five members and the provisions of Article 59 shall have effect as if, in paragraph (a) of clause (1) thereof, for the word “fourteen” the word “ten” and in paragraph
(b) of that clause for the word “five” the word “three”, were substituted, and reference to “total membership”
of the Senate in the Constitution shall be construed accordingly;
(c) the members elected or chosen as members of the Senate shall be divided into two groups by drawing of
lots, the first group consisting of five members from each Province, two members from the Federally
Administered Tribal Areas and one member from the Federal Capital and the second group consisting of five
members from each Province one member from the said Areas and one member from the Federal Capital;
(d) the term of office of members of the first group and of the second group shall respectively be two years and four years;
(e) the term of office of persons elected or chosen to succeed the members of the Senate at the expiration of their respective terms shall be four years;
(f) the term of office of a person elected or chosen to fill a casual vacancy shall be the unexpired term of the
member whose vacancy he is elected or chosen to fill;
(g) as soon as the first general election to the National Assembly is held, there shall be elected to the Senate
four additional members from each Province and two additional members from the federally Administered
Tribal Areas; and
(h) the term of office of such half of the members elected under paragraph (f) as may be determined by
drawing of lots shall be the unexpired term of office of the members of the first group and the term of office of the other half shall be the unexpired term of the members of the second group.
273.(1) Notwithstanding anything contained in the Constitution, but subject to [Article 63,] Article 64 and Article 223, –
[(a) the first Assembly of a Province under the Constitution shall consist of –
(i) the members of the Assembly of that Province in existence immediately before the commencing
day; and (ii) the additional members to be elected in accordance with law by the members of the
Assembly to fill the seats referred to in clause (3) of Article 106, and, unless sooner dissolved, shall continue until the fourteenth day of August, one thousand nine hundred and seventy-seven; and reference “total membership” of the Assembly of a Province in the Constitution shall
be construed accordingly;]
(b) the qualifications and disqualifications for membership of the first Assembly of a Provincial shall,
except in case of members filling casual vacancies [, or to be elected to the additional seats referred to in
clause (3) of Article 106,] after the commencing day, be the same as were provided in the Interim Constitution of the Islamic Republic of Pakistan:
Provided that no person holding an office of profit in the service of Pakistan shall continue to be a member of the Assembly after the expiration of three months from the commencing day.
(2) A casual vacancy in a seat in the first Assembly of a Province, including a vacancy in a seat in the Assembly of that Province in existence immediately before the commencing day which was not filled before that day,caused by reason of death or resignation of a member or consequent upon his incurring a disqualification or ceasing to be a member as a result of the final decision of an election petition may be filled in the same manner in which it would have been filled before the commencing day.
(3) A member referred to in paragraph (a) of clause (1) shall not sit or vote in the Provincial Assembly until he has made the oath prescribed by Article 65 read with Article 127 and, if, without leave of the Speaker of the Provincial Assembly granted on reasonable cause shown, he fails to make the oath with twenty-one days from the day of the first meeting of the Provincial Assembly, his seat shall become vacant at the expiration of that period.
Vesting of property, assets, rights, liabilities and obligations.
274.(1) All property and assets which, immediately before the commencing day, were vested in the President or the Federal Government shall, as from that day, vest in the Federal Government unless they were used for purposes which, on that day, became purposes of the Government of a Province, in which case they shall, as from that day, vest in the Government of the Province.
(2) All property and assets which, immediately before the commencing day, were vested in the Government of a Province, shall, as from that day, continue to be vested in the Government of that Province, unless they were used for purposes, which on that day, became purposes of the Federal Government in which case they shall, as from that day, vest in the Federal Government.
(3) All rights, liabilities and obligations of the Federal Government or of the Government of a Province, whether arising out of contract or otherwise, shall as from the commencing day, continue to be respectively the rights,liabilities and obligations of the Federal Government or of the Government of the Province, except that –
(a) all rights, liabilities and obligations relating to any matter which, immediately before that day, was the
responsibility of the Federal Government, but which under the Constitution, has become the responsibility of
the Government of a Province, shall devolve upon the Government of that Province; and
(b) all rights, liabilities and obligations relating to any matter which, immediately before that day, was the
responsibility of the Government of a Province, but which under the Constitution, has become the responsibility of the Federal Government, shall devolve upon the Federal Government.
Continuance in office of persons in service of Pakistan, etc.
275.(1) Subject to the Constitution and until law is made underArticle 240 any person who, immediately before the commencing day, was in the service of Pakistan shall, as
from that day, continue in the service of Pakistan on the same terms and conditions as were applicable to him under the Interim Constitution of the Islamic Republic of Pakistan
immediately before that day.
(2) Clause (1) shall also apply in relation to a person holding office immediately before the commencing day as –
(a) Chief Justice of Pakistan or other Judge of the Supreme Court, or Chief Justice or other Judge of a High Court;
(b) Governor of a Province;
(c) Chief Minister of a Province;
(d) Speaker or Deputy Speaker of the National Assembly or a Provincial Assembly;
(e) Chief Election Commissioner;
(f) Attorney-General for Pakistan or Advocate-General for a Province;
(g) Auditor-General of Pakistan.
(3) Notwithstanding anything contained in the Constitution, for a period of six months from the commencing day, a Federal Minister or a Minister of State or the Chief Minister of a Province or a Provincial Minister may be a person who is not a member of [Majlis-e-Shoora (Parliament)] or, as the
case may be, the Provincial Assembly of that Province; and such Chief Minister and Provincial Minister shall have the right to speak and otherwise take part in the proceedings of the Provincial Assembly or any committee thereof of which he may be named a member, but shall not by virtue of this clause be entitled to vote.
(4) Any person who, under this Article, is continued in an office in respect of which a form of oath is set out in the Third Schedule shall, as soon as is practicable after the commencing day make before the appropriate person oath in that form.
(5) Subject to the Constitution and law –
(a) all civil, criminal and revenue courts exercising jurisdiction and functions immediately before the
commencing day shall, as from that day, continue to exercise their respective jurisdictions and functions; and
(b) all authorities and all officers (whether judicial, executive, revenue or ministerial) throughout Pakistan exercising functions immediately before the commencing day shall, as from that day, continue to
exercise their respective functions.
Oath of first President. Transitional financial, provisions.
276.Notwithstanding anything contained in the Constitution, the first President may, in the absence of the Chief Justice of Pakistan, make the oath referred to in Article 42 before the Speaker of the National Assembly.
277.(1) The schedule or authorized expenditure authenticated by the President for the financial year ending on the thirtieth day of June, one thousand nine hundred and seventy-four, shall continue to remain a valid authority for expenditure from the Federal Consolidated Fund for that year.
(2) The President may, in respect of expenditure of the Federal Government for any financial year preceding the financial year commencing on the first day of July, one thousand nine hundred and seventy-three (being expenditure in excess of the authorized expenditure for that year), authorize the withdrawal of moneys from the Federal Consolidated Fund.
(3) The provisions of clauses (1) and (2) shall apply to and in relation to a Province, and for that purpose –
(a) any reference in those provisions to the President shall be read as a reference to the Governor of the Province;
(b) any reference in those provisions to the Federal Government shall be read as a reference to the Government of the Province; and
(c) any reference in those provisions to the Federal Consolidated Fund shall be read as a reference to the Provincial Consolidated Fund of the Province.
No comments:
Post a Comment