76 |
Bill not to lapse on prorogation,
etc.
(1) |
A Bill pending in either
House shall not lapse by reason of the prorogation of
the House. |
|
(2) |
A Bill pending in the
Senate which has not been passed by the National Assembly
shall not lapse on the dissolution of the National Assembly. |
|
(3) |
A Bill pending in the
National Assembly, or a Bill which having been passed
by the National Assembly is pending in the Senate, shall
lapse on the dissolution of the National Assembly. |
|
|
|
77 |
Tax to be levied by law only.
No tax shall be levied for the purposes of the Federation except
by or under the authority of Act of 175[Majlis-e-Shoora (Parliament)] 175 |
|
78 |
Federal Consolidated Fund and
Public Account.
(1) |
All revenues received
by the Federal Government, all loans raised by that Government
and all moneys received by it in repayment of any loan,
shall form part of a consolidated fund, to be known as
the Federal Consolidated Fund. |
|
(2) |
All other moneys-
(a) |
received by or
on behalf of the Federal Government; or |
(b) |
received by or
deposited with the Supreme Court or any other
court established under the authority of the Federation; |
shall be credited to the Public Account of the Federation. |
|
|
|
79 |
Custody, etc., of Federal Consolidated
Fund and Public Account.
The custody of the Federal Consolidated Fund, the payment Or moneys
into that Fund, the withdrawal of moneys therefrom, the custody
of other moneys received by or on behalf of the Federal Government,
their payment into, and withdrawal from, the Public Account of
the Federation, and all matters connected with or ancillary to
the matters aforesaid shall be regulated by Act of 176[Majlis-e-Shoora (Parliament)] 176 or,
until provision in that behalf is so made, by rules made by the
President. |
|
80 |
Annual Budget Statement.
(1) |
The Federal Government
shall, in respect of every financial year, cause to be
laid before the National Assembly a statement of the estimated
receipts and expenditure of the Federal Government for
that year, in this Part referred to as the Annual Budget
Statement. |
|
(2) |
The Annual Budget Statement
shall show separately-
(a) |
the sums required
to meet expenditure described by the Constitution
as expenditure charged upon the Federal Consolidated
Fund; and |
(b) |
the sums required
to meet other expenditure proposed to be made
from the Federal Consolidated Fund; and shall
distinguish expenditure on revenue account from
other expenditure. |
|
|
|
|
81 |
Expenditure charged upon Federal
Consolidated Fund.
The following expenditure shall be expenditure charged upon the
Federal Consolidated Fund:-
(a) |
the remuneration payable
to the President and other expenditure relating to his
office, and the remuneration payable to-
(i) |
the Judges of
the Supreme Court 177[and the Islamabad
High Court] 177; |
(ii) |
the Chief Election
Commissioner; |
(iii) |
the Chairman and
the Deputy Chairman; |
(iv) |
the Speaker and
the Deputy Speaker of the National Assembly; |
(v) |
the Auditor-General; |
|
178[
(b) |
the administrative expenses,
including the remuneration payable to officers and servants,
of the Supreme Court, the Islamabad High Court, the department
of the Auditor-General, the Office of the Chief Election
Commissioner and of the Election Commission and the Secretariats
of the Senate and the National Assembly; |
] 178
(c) |
all debt charges for which
the Federal Government is liable, including interest,
sinking fund charges, the repayment or amortisation of
capital, and other expenditure in connection with the
raising of loans, and the service and redemption of debt
on the security of the Federal Consolidated Fund; |
(d) |
any sums required to satisfy
any judgment, decree or award against Pakistan by any
court or tribunal; and |
(e) |
any other sums declared
by the Constitution or by Act of 179[Majlis-e-Shoora (Parliament)] 179 to
be so charged. |
|
|
82 |
Procedure relating to Annual
Budget Statement.
(1) |
So much of the Annual
Budget Statement as relates to expenditure charged upon
the Federal Consolidated Fund may be discussed in, but
shall not be submitted to the vote of, the National Assembly. |
|
(2) |
So much of the Annual
Budget Statement as relates to other expenditure shall
be submitted to the National Assembly in the form of demands
for grants, and the Assembly shall have power to assent
to, or to refuse to assent to, any demand, or to assent
to any demand subject to a reduction of the amount specified
therein;
Provided that,
for a period of ten years from the commencing day or the
holding of the second general election to the National
Assembly, whichever occurs later, a demand shall be deemed
to have been assented to without any reduction of the
amount specified therein, unless, by the votes of a majority
of the total membership of the Assembly, it is refused
or assented to subject to a reduction of the amount specified
therein.
|
|
(3) |
No demand for a grant
shall be made except on the recommendation of the Federal
Government. |
|
|
|
83 |
Authentication of schedule
of authorised expenditure.
(1) |
The Prime Minister shall
authenticate by his signature a schedule specifying-
(a) |
the grants made
or deemed to have been made by the National Assembly
under Article 82, and |
(b) |
the several sums
required to meet the expenditure charged upon
the Federal Consolidated Fund but not exceeding,
in the case of any sum, the sum shown in the statement
previously laid before the National Assembly. |
|
|
(2) |
The schedule so authenticated
shall be laid before the National Assembly, but shall
not be open to discussion or vote thereon. |
|
(3) |
Subject to the Constitution,
no expenditure from the Federal Consolidated Fund shall
be deemed to be duly authorised unless it is specified
in the schedule so authenticated and such schedule is
laid before the National Assembly as required by clause
(2). |
|
|
|
84 |
Supplementary and excess grants.
If in respect of any financial year it is found-
(a) |
that the amount authorized
to be expended for a particular service for the current
financial year is insufficient, or that a need has arisen
for expenditure upon some new service not included in
the Annual Budget Statement for that year; or |
(b) |
that any money has been
spent on any service during a financial year in excess
of the amount granted for that service for that year; |
the Federal Government shall have power to authorize expenditure
from the Federal Consolidated Fund, whether the expenditure is
charged by the Constitution upon that Fund or not, and shall cause
to be laid before the National Assembly a Supplementary Budget
Statement or, as the case may be, an Excess Budget Statement,
setting out the amount of that expenditure, and the provisions
of Articles 80 to 83 shall apply to those statements as they apply
to the Annual Budget Statement. |
|
85 |
Votes on account.
Notwithstanding anything contained in the foregoing provisions
relating to financial matters, the National Assembly shall have
power to make any grant in advance in respect of the estimated
expenditure for a part of any financial year, not exceeding four
months, pending completion of the procedure prescribed in Article
82 for the voting of such grant and the authentication of the
schedule of authorized expenditure in accordance with the provisions
of Article 83 in relation to the expenditure. |
|
86 |
Power to authorise expenditure
when Assembly stands dissolved.
Notwithstanding anything contained in the foregoing provisions
relating to financial matters, at any time when the National Assembly
stands dissolved, the Federal Government may authorize expenditure
from the Federal Consolidated Fund in respect of the estimated
expenditure for a period not exceeding four months in any financial
year, pending completion of the procedure prescribed in Article
82 for the voting of grants and the authentication of the schedule
of authorized expenditure in accordance with the provisions of
Article 83 in relation to the expenditure. |
|
87 |
Secretariats of Majlis-e-Shoora
(Parliament).
(1) |
Each House shall have
a separate Secretariat
Provided that
nothing in this clause shall be construed as preventing
the creation of posts common to both Houses.
|
|
(2) |
180[Majlis-e-Shoora (Parliament)] 180 may
by law regulate the recruitment and the conditions of
service of persons appointed to the Secretarial staff
of either House. |
|
(3) |
Until provision is made
by 181[Majlis-e-Shoora (Parliament)] 181 under
clause (2), the Speaker or, as the case may be, the Chairman
may, with the approval of the President, make 182 rules
regulating the recruitment and the conditions of service,
of persons appointed to the secretarial staff of the National
Assembly or the Senate. |
|
|
|
88 |
Finance Committees.
(1) |
The expenditure of the
National Assembly and the Senate within authorised appropriations
shall be controlled by the National Assembly or, as the
case may be, the Senate acting on the advice of its Finance
Committee. |
|
(2) |
The Finance Committee
shall consist of the Speaker or, as the case may be, the
Chairman, the Minister of Finance and such other members
as may be elected thereto by the National Assembly or,
as the case may be, the Senate. |
|
(3) |
The Finance Committee
may make 183 rules
for regulating its procedure.Ordinances. |
|
|
|
73 Substituted
by
Constitution
(Eighteenth Amendment) Act, 2010, Sect. 16 (with effect from
August 21, 2002) for :
51 |
National Assembly.
74[
(1) |
There shall be
three hundred and forty-two seats of the members
in the National Assembly, including seats reserved
for women and non-Muslims. |
|
(1A) |
The seats in the
National Assembly referred to in clause (1), except
as provided in clause (2A), are allocated to each
Province, the Federally Administered Tribal Areas
and the Federal Capital as under-
|
General |
Women |
Total |
Balochistan |
14 |
3 |
17 |
NWFP |
35 |
8 |
43 |
The Punjab |
148 |
35 |
183 |
Sind |
61 |
14 |
75 |
FATA |
12 |
- |
12 |
Federal Capital |
2 |
- |
2 |
Total |
272 |
60 |
332 |
|
|
] 74
(2) |
A person shall
be entitled to vote if:
(a) |
he is
a citizen of Pakistan; |
(b) |
he is
not less than 75[eighteen] 75 years
of age; |
(c) |
his name
appears on the electoral roll; and |
(d) |
he is
not declared by a competent court to be
of unsound mind 77[.] 77 |
78[] 78 |
|
79[
(2A) |
In addition to
the number of seats referred to in clause (1A),
there shall be, in the National Assembly, ten
seats reserved for non-Muslims. |
|
] 79
(3) |
The seats in the
National Assembly shall be allocated to each Province,
the Federally Administered Tribal Areas and the
Federal Capital on the basis of population in
accordance with the last preceding census officially
published. |
|
82[
(4) |
For the purpose
of election to the National Assembly,-
(a) |
the constituencies
for the general seats shall be single
member territorial constituencies and
the members to fill such seats shall be
elected by direct and free vote in accordance
with law; |
(b) |
each Province
shall be a single constituency for all; |
(c) |
the constituency
for all seats reserved for non-Muslims
shall be the whole country; |
(d) |
members
to the seats reserved for women which
are allocated to a Province under clause
(1A) shall be elected in accordance with
law through proportional representation
system of political parties' lists of
candidates on the basis of total number
of general seats secured by each political
party from the Province concerned in the
National Assembly:
83[Provided that
for the purpose of this sub-clause the
total number of general seats won by a
political party shall include the independent
returned candidate or candidates who may
duly join such political party within
three days of the publication in the official
Gazette of the names of the returned candidates.] 83
|
(e) |
members
to the seats reserved for non-Muslims
shall be elected in accordance with law
through proportional representation system
of political parties lists of candidates
on the basis of total number of general
seats won by each political party in the
National Assembly:
84[Provided that
for the purpose of this sub-clause the
total number of general seats won by a
political party shall include the independent
returned candidate or candidates who may
duly join such political party within
three days of the publication in the official
Gazette of the names of the returned candidates.] 84
|
|
|
] 82 87[] 87 |
|
78 The following
was omitted by
Revival
of Constitution of 1973 Order, 1985 (President's Order No. 14
of 1985), Sch. item 11(2)(c) (with effect from March 2, 1985) :
:
Provided that,
for the purpose of the first general election to the National
Assembly or an election to a seat falling vacant before the holding
of a second general election to the Assembly paragraph (b) shall
have effect as if for the word "eighteen" therein the
word "twenty-one" were substituted.
79 Substituted
by
Legal
Framework Order, 2002 (Chief Executive's Order No. 24 of 2002),
Article 3(1), Sch. item 3(1) (with effect from August 21, 2002)
for :
80[
(2A) |
In addition to the number
of seats referred to in clause (1), there shall be in
the National Assembly ten additional seats reserved as
follows for the person referred to in clause (3) of Article
106:
Christians. |
4 |
Hindus
and persons belonging to the scheduled casts. |
4 |
Sikh,
Buddhist and Parsi communities and other non-Muslims. |
1 |
Persons
belonging to the Quadiani group or the Lahori
group (who call themselves Ahmadis) |
1 |
|
|
] 80
82 Substituted
by
Legal
Framework Order, 2002 (Chief Executive's Order No. 24 of 2002),
Article 3(1), Sch. item 3(3) (with effect from August 21, 2002)
for :
(4) |
Until the expiration of
a period of ten years from the commencing day or the holding
of the 85[third] 85 general
election to the National Assembly, whichever occurs later, 86[twenty seats] 86in addition to the number
of seats referred to in clause (1) shall be reserved for
women and allocated to the Provinces in accordance with
the Constitution and law. |
|
87 The following
was omitted by
Legal
Framework Order, 2002 (Chief Executive's Order No. 24 of 2002),
Article 3(1), Sch. item 3(5) (with effect from August 21, 2002) :
:
88[
(4A) |
The members to fill the
seats referred to in clause (2A) shall be elected, simultaneously
with the members to fill the seats referred to in clause
(1), on the basis of separate electorates by direct and
free vote in accordance with law. |
|
(5) |
As soon as practicable
after the general election to the National Assembly, the
members to fill seats reserved for women which are allocated
to a Province under clause (4) shall be elected in accordance
with law on the basis of the system of proportional representation
by means of a single transferable vote by the electoral
college consisting of the persons elected to the Assembly
from that Province. |
|
] 88
(6) |
Notwithstanding anything
contained in this Article, the President may, by Order,
make such provision as to the manner of filling the seats
in the National Assembly allocated to the Federally Administered
Tribal Areas as he may think fit. |
|
88 Substituted
by
Revival
of Constitution of 1973 Order, 1985 (President's Order No. 14
of 1985), Sch. item 11(5) (with effect from March 2, 1985)
for :
89[
(4A) |
As soon as practicable
after the general election to the National Assembly, the
members to fill seats reserved in that Assembly for the
persons referred to in clause (2A) shall be elected in
accordance with law by the members of the Assembly referred
to in clause (1). |
|
] 89
(5) |
For the purpose of election
to the seats allocated to a province under clause (4),
the members of the National Assembly from that Province
shall constitute the electoral college. |
|
97 Substituted
by
Constitution
(Eighth Amendment) Act, 1985 (18 of 1985), Section 4 (with
effect from November 9, 1985) for :
(3) |
At the commencement of
each session of the Majlis-e-Shoora (Parliament), the
President shall address both Houses assembled together
and inform the Majlis-e-Shoora (Parliament) of the causes
of its summons. |
|
98 Substituted
by
Constitution
(Eighteenth Amendment) Act, 2010, Sect. 17 (with effect from
April 19, 2010) for :
58 |
Dissolution of the
National Assembly.
99[(1)] 99 |
The President
shall dissolve the National Assembly if so advised
by the Prime Minister; and the National Assembly
shall, unless sooner dissolved, stand dissolved
at the expiration of forty-eight hours after the
Prime Minister has so advised.
Explanation:- Reference in this Article to "Prime
Minister" shall not be construed to include
reference to a Prime Minister against whom a 100[notice of
a resolution for a vote of no-confidence has been
given] 100 in
the National Assembly but has not been voted upon
or against whom such a resolution has been passed
or who is continuing in office after his resignation
or after the dissolution of the National Assembly 101[] 101.
|
|
102[
(2) |
Notwithstanding
anything contained in clause (2) of Article 48,
the President may also dissolve the National Assembly
in his discretion where, in his opinion,:-
(a) |
a vote
of no-confidence having been passed against
the Prime Minister, no other member of
the National Assembly is likely to command
the confidence of the majority of the
members of the National Assembly in accordance
with the provisions of the Constitution
as ascertained in a session of the National
Assembly summoned for the purpose; or |
103[] 103 104[
(b) |
a situation
has arisen in which the Government of
the Federation cannot be carried on in
accordance with the provisions of the
Constitution and an appeal to the electorate
is necessary. |
] 104 |
|
] 102 106[
(3) |
The President
in case of dissolution of the National Assembly
under paragraph (b) of clause (2) shall, within
fifteen days of the dissolution, refer the matter
to the Supreme Court and the Supreme Court shall
decide the reference within thirty days whose
decision shall be final. |
|
] 106 |
|
103 The following
was omitted by
Constitution
(Thirteenth Amendment) Act, 1997 (1 of 1997), Section 2 (with
effect from April 3, 1997) : :
(b) |
a situation has arisen
in which the Government of the Federation cannot be carried
on in accordance with the provisions of the Constitution
and an appeal to the electorate is necessary. |
107 Substituted
by
Constitution
(Eighteenth Amendment) Act, 2010, Sect. 18 (with effect from
April 19, 2010) for :
59 |
The Senate
108[
(1) |
The Senate shall
consist of one-hundred members, of whom, -
(a) |
fourteen
shall be elected by the members of each
Provincial Assembly; |
(b) |
eight
shall be elected 109[] 109 from
the Federally Administered Tribal Areas,
in such manner as the President may, by
Order, prescribe; |
(c) |
two on
general seats, and one woman and one technocrat
including aalim shall be elected from
the Federal Capital in such manner as
the President may, by Order, prescribe; |
(d) |
four women
shall be elected by the members of each
Provincial Assembly; |
(e) |
four technocrats
including ulema shall be elected by the
members of each Provincial Assembly. |
|
|
] 108
(2) |
Election to fill
seats in the Senate allocated to each Province
shall be held in accordance with the system of
proportional representation by means of the single
transferable vote. |
|
118[
(3) |
The Senate shall
not be subject to dissolution but the term of
its members, who shall retire as follows, shall
be six years:- 119[
(a) |
of the
members referred to in paragraph (a) of
clause (1), seven shall retire after the
expiration of the first three years and
seven shall retire after the expiration
of the next three years. |
(b) |
of the
members referred to in paragraph (b) of
the aforesaid clause, four shall retire
after the expiration of the first three
years and four shall retire after the
expiration of the next three years; |
(c) |
of the
members referred to in paragraph (c) of
the aforesaid clause, one shall retire
after the expiration of the first three
years and two shall retire after the expiration
of the next three years; and |
(d) |
of the
members referred to in paragraph (d) of
the aforesaid clause, two shall retire
after the expiration of the first three
years and three shall retire after the
expiration of the next three years; |
] 119
Provided that
the term of office of a person elected 120[] 120 to
fill a casual vacancy shall be the unexpired term
of the member whose vacancy he has filled.
|
|
] 118 121[] 121 |
|
108 Substituted
by
Legal
Framework Order, 2002 (Chief Executive's Order No. 24 of 2002),
Article 3(1), Sch. item 5 (with effect from August 21, 2002) for
:
(1) |
The Senate shall consist
of 111[eighty-seven] 111 members,
of whom,:
(a) |
fourteen shall
be elected by the members of each Provincial Assembly; |
(b) |
112[eight] 112 shall
be elected by the members from the Federally Administered
Tribal Areas in the National Assembly; 113[] 113 |
(c) |
114[three] 114 shall
be 115[elected] 115 from
the Federal Capital in such manner as the President
may, by Order, prescribe 116[; and] 116 |
117[
(d) |
five shall be
elected by the members of each Provincial Assembly
to represent ulema, technocrats and other professionals. |
] 117 |
|
109 The following
was omitted by Legal Framework (Second Amendment) Order, 2002
(Chief Executive's Order No. 32 of 2002), Section 2(2) (with effect
from August 21, 2002) : "
110[by
direct and free vote]
110".
118 Substituted
by
Revival
of Constitution of 1973 Order, 1985 (President's Order No. 14
of 1985), Sch. item 15(2) (with effect from March 2, 1985)
for :
(3) |
The Senate shall not be
subject to dissolution but the term of office of its members
shall be four years, half of them retiring every two years,
except in the case of the members elected by the members
from the Federally Administered Tribal Areas, of whom
three shall retire after the expiration of the first two
years and two shall retire after the expiration of the
next two years:
Provided that
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 has filled."
|
|
119 Substituted
by
Constitution
(Eighth Amendment) Act, 1985 (18 of 1985), Section 6(b)(i)
(with effect from November 9, 1985) for :
(a) |
of the members referred
to in paragraphs (a) and (b) of clause (1), six shall
retire after the expiration of the first two years, six
shall retire after the expiration of the next two years
and seven shall retire after the expiration of the next
two years; |
(b) |
of the members referred
to in paragraph (b), two shall retire after the expiration
of the first two years and three shall retire after the
expiration of every two years thereafter; and |
(c) |
of the members referred
to in paragraph (c), one shall retire after the expiration
of every two years. |
121 The following
was omitted by
Constitution
(Eighth Amendment) Act, 1985 (18 of 1985), Section 6(c) (with
effect from November 9, 1985) : :
122[
(4) |
A casual vacancy in the
office of a member referred to in paragraph (d) of clause
(1) shall be filled for the remainder of the term of such
member by the members of the Provincial Assembly by whom
such member had been elected electing another person under
the said paragraph. |
|
] 122
129 Substituted
by
Constitution
(Eighteenth Amendment) Act, 2010, Sect. 20 (with effect from
April 19, 2010) for :
62 |
Qualifications for
membership of Majlis-e-Shoora (Parliament).
A person shall not be qualified to be elected or chosen
as a member of Majlis-e-Shoora (Parliament) unless :-
(a) |
he is a citizen
of Pakistan; |
130[
(b) |
he is, in the
case of the National Assembly, not less than twenty
-five years of age and is enrolled as a voter
in any electoral roll in-
(i) |
any part
of Pakistan, for election to a general
seat or a seat reserved for non-Muslims;
and |
(ii) |
any area
in a Province from which he seeks membership
for election to a seat reserved for women. |
|
] 130
(c) |
he is, in the
case of Senate, not less than thirty years of
age and is enrolled as a voter in any area in
a Province or, as the case may be, the Federal
Capital or the Federally Administered Tribal Areas,
from where he seeks membership; |
(d) |
he is of good
character and is not commonly known as one who
violates Islamic Injunctions; |
(e) |
he has adequate
knowledge of Islamic teachings and practices obligatory
duties prescribed by Islam as well as abstains
from major sins ; |
(f) |
he is sagacious,
righteous and non-profligate and honest and ameen; |
(g) |
he has not been
convicted for a crime involving moral turpitude
or for giving false evidence; |
(h) |
he has not, after
the establishment of Pakistan, worked against
the integrity of the country or opposed the Ideology
of Pakistan |
Provided that
the disqualifications specified in paragraphs (d) and
(e) shall not apply to a person who is a non-Muslim, but
such a person shall have good moral reputation; and
(i) |
he possesses such
other qualifications as may be prescribed by Act
of Majlis-e-Shoora (Parliament). |
|
|
130 Substituted
by
Legal
Framework Order, 2002 (Chief Executive's Order No. 24 of 2002),
Article 3(1), Sch. item 6 (with effect from August 21, 2002) for
:
(b) |
he is, in the case of
National Assembly, not less than twenty-five years of
age and is enrolled as a voter in any electoral roll for
election to a Muslim seat or a non-Muslim seat as the
case may be in that Assembly; |
131 Substituted
by
Constitution
(Eighteenth Amendment) Act, 2010, Sect. 21 (with effect from
April 19, 2010) for :
132[
63 |
Disqualifications for
membership of Majlis-e-Shoora (Parliament).
(1) |
A person shall
be disqualified from being elected or chosen as,
and from being, a member of the Majlis-e-Shoora
(Parliament), if:-
(a) |
he is
of unsound mind and has been so declared
by a competent court; or |
(b) |
he is
an undischarged insolvent; or |
(c) |
he ceases
to be a citizen of Pakistan, or acquires
the citizenship of a foreign State; or |
(d) |
he holds
an office of profit in the service of
Pakistan other than an office declared
by law not to disqualify its holder; or |
(e) |
he is
in the service of any statutory body of
any body which is owned or controlled
by the Government or in which the Government
has a controlling share or interest; or |
(f) |
being
a citizen of Pakistan by virtue of section
14B of the Pakistan Citizenship Act, 1951
(II of 1951), he is for the time being
disqualified under any law in force in
Azad Jammu and Kashmir from being elected
as a member of the Legislative Assembly
of Azad Jammu and Kashmir; or |
(g) |
he is
propagating any opinion, or acting in
any manner, prejudicial to the Ideology
of Pakistan, or the sovereignty, integrity
or security of Pakistan, or morality,
or the maintenance of public order, or
the integrity or independence of the judiciary
of Pakistan, or which defames or brings
into ridicule the judiciary or the Armed
Forces of Pakistan; or |
133[
(h) |
he has
been convicted by a court of competent
jurisdiction on a charge of corrupt practice,
moral turpitude or misuse of power or
authority under any law for the time being
in force; or |
(i) |
he has
been dismissed from the service of Pakistan
or service of a corporation or office
set up or controlled by the Federal Government,
Provincial Government or a Local Government
on the grounds of misconduct or moral
turpitude; or |
(j) |
he has
been removed or compulsorily retired from
the service of Pakistan or service of
a corporation or office set up or controlled
by the Federal Government, Provincial
Government or a Local Government on the
grounds of misconduct or moral turpitude;
or |
] 133
(k) |
he has
been in the service of Pakistan or of
any statutory body or any body which is
owned or controlled by the Government
or in which the Government has a controlling
share or interest, unless a period of
two years has elapsed since he ceased
to be in such service; or |
(l) |
he is
found guilty of a corrupt or illegal practice
under any law for the time being in force,
unless a period of five years has elapsed
from the date on which that order takes
effect; or |
(m) |
he has
been convicted under section 7 of the
Political Parties Act, 1962 (III of 1962),
unless a period of five years has elapsed
from the date of such conviction; or |
(n) |
he, whether
by himself or by any person or body of
persons in trust for him or for his benefit
or on his account or as a member of a
Hindu undivided family, has any share
or interest in a contract, not being a
contract between a cooperative society
and Government, for the supply of goods
to, or for the execution of any contract
or for the performance of any service
undertaken by, Government: |
Provided that
the disqualification under this paragraph shall
not apply to a person-
(i) |
where
the share or interest in the contract
devolves on him by inheritance or succession
or as a legatee, executor or administrator,
until the expiration of six months after
it has so devolved on him; |
(ii) |
where
the contract has been entered into by
or on behalf of a public company as defined
in the Companies Ordinance, 1984 (XLVII
of 1984), of which he is a share-holder
but is not a director holding an office
of profit under the company; or |
(iii) |
where
he is a member of a Hindu undivided family
and the contract has been entered into
by any other member of that family in
the course of carrying on a separate business
in which he has no share or interest;
or |
Explanation.- In this Article "goods"
does not include agricultural produce or commodity
grown or produced by him or such goods as he is,
under any directive of Government or any law for
the time being in force, under a duty or obligation
to supply.
(o) |
he holds
any office of profit in the service of
Pakistan other than the following offices,
namely :-
(i) |
an
office which is not whole time
office remunerated either by salary
or by fee; |
(ii) |
the
office of Lumbardar, whether called
by this or any other title; |
(iii) |
the
Qaumi Razakars; |
(iv) |
any
office the holder whereof, by
virtue of such office, is liable
to be called up for military training
or military service under any
law providing for the constitution
or raising of a Force; or |
|
134[
(p) |
he has
been convicted and sentenced to imprisonment
for having absconded by a competent court
under any law for the time being in force;
or |
(q) |
he has
obtained a loan for a an amount of two
million rupees or more, from any bank,
financial institution, cooperative society
or cooperative body in his own name or
in the name of his spouse or any of his
dependents, which remains unpaid for more
than one year from the due date, or has
got such loan written off; or |
(r) |
he or
his spouse or any of his dependents has
defaulted in payment of government dues
and utility expenses, including telephone,
electricity, gas and water charges in
excess of ten thousand rupees, for over
six months, at the time of filing his
nomination papers 135[;
or] 135 |
] 134 136[
(s) |
he is
for the time being disqualified from being
elected or chosen as a member of the Majlis-e-Shoora
(Parliament) or of a Provincial Assembly
under any law for the time being in force. |
] 136 |
|
137[
(2) |
If any question
arises whether a member of Majlis-e-Shoora (Parliament)
has become disqualified from being a member, the
Speaker or, as the case may be, the Chairman shall,
within thirty days from raising of such question
refer the question to the Chief Election Commissioner. |
|
] 137 138[
(3) |
Where a question
is referred to the Chief Election Commissioner
under clause (2), he shall lay such question before
the Election Commission which shall give its decision
thereon not later than three months from its receipt
by he Chief Election Commissioner. |
|
] 138 |
|
] 132
132 Substituted
by
Revival
of Constitution of 1973 Order, 1985 (President's Order No. 14
of 1985), Sch. item 16 (with effect from March 2, 1985) for
:
63 |
(1) |
A person shall
be disqualified from being elected or chosen as,
and from being, a member of Parliament, if:-
(a) |
he is
of unsound mind and has been so declared
by a competent court; or |
(b) |
he is
an undischarged insolvent; or |
(c) |
he ceases
to be a citizen of Pakistan, or acquires
the citizenship of a foreign State; or |
(d) |
he holds
any office of profit in the service of
Pakistan other than an office declared
by law not to disqualify its holder; or |
(e) |
he is
so disqualified by Act of Parliament |
|
|
(2) |
If any question
arises whether a member of Parliament has become
disqualified from being a member, the Speaker
or, as the case may be, the Chairman shall refer
the question to the Chief Election Commissioner
and, if the Chief Election Commissioner is of
the opinion that the member has become disqualified,
he shall cease to be a member and his seat shall
become vacant. |
|
|
|
133 Substituted
by
Legal
Framework Order, 2002 (Chief Executive's Order No. 24 of 2002),
Article 3(1), Sch. item 7(1)(a) (with effect from August 21, 2002)
for :
(h) |
he has been, on conviction
for any offence which in the opinion of the Chief Election
Commissioner involves moral turpitude, sentenced to imprisonment
for a term of not less than two years, unless a period
of five years has elapsed since his release; or |
(i) |
he has been dismissed
from the service of Pakistan on the ground of misconduct,
unless a period of five years has elapsed since his dismissal;
or |
(j) |
he has been removed or
compulsorily retired from the service of Pakistan on the
ground of misconduct unless a period of three years has
elapsed since his removal or compulsory retirement; or |
137 Substituted
by
Legal
Framework Order, 2002 (Chief Executive's Order No. 24 of 2002),
Article 3(1), Sch. item 7(2) (with effect from August 21, 2002)
for :
(2) |
If any question arises
whether a member of the Majlis-e-Shoora (Parliament) has
become disqualified from being a member, the Speaker or,
as the case may be, the Chairman shall refer the question
to the Chief Election Commissioner and, if the Chief Election
Commissioner is of the opinion that the member has become
disqualified, he shall cease to be a member and his seat
shall become vacant. |
|
139 Substituted
by
Constitution
(Eighteenth Amendment) Act, 2010, Sect. 22 (with effect from
April 19, 2010) for :
140[
63A. |
Disqualification on
grounds of defection, etc.
(1) |
If a member of
a Parliamentary Party composed of a single political
party in a House-
(a) |
resigns
from membership of his political party
or joins another Parliamentary Party;
or |
(b) |
votes
or abstains from voting in the House contrary
to any direction issued by the Parliamentary
Party to which he belongs, in relations
to-
(i) |
election
of the Prime Minister or the Chief
Minister; or |
(ii) |
a
vote of confidence or a vote of
no-confidence; or |
(iii) |
a
Money Bill; |
|
he may be declared in writing by the Head of the
Parliamentary Party to have defected from the
political party, and the Head of the Parliamentary
Party may forward a copy of the declaration to
the Presiding Officer, and shall similarly forward
a copy thereof to the member concerned:
Provided that
before making the declaration, the Head of the
Parliamentary Party shall provide such member
with an opportunity to show cause as to why such
declaration may not be made against him.
|
|
(2) |
A member of a
House shall be deemed to be a member of a Parliamentary
Party if he having been elected as a candidate
or nominee of a political party which constitutes
the Parliamentary Party in the House or, having
been elected otherwise than as a candidate or
nominee of a political party, has become a member
of such Parliamentary Party after such election
by means of a declaration in writing. |
|
(3) |
Upon receipt of
the declaration under clause (1), the Presiding
Officer of the House shall within two days refer
the declaration to the Chief Election Commissioner
who shall lay the declaration before the Election
Commission for its decision thereon confirming
the declaration or otherwise within thirty days
of its receipt by the Chief Election Commissioner. |
|
(4) |
Where the Election
Commission confirms the declaration, the member
referred to in clause (1) shall cease to be a
member of the House and his seat shall become
vacant. |
|
(5) |
Any party aggrieved
by the decision of the Election Commission may
within thirty days, prefer an appeal to the Supreme
Court which shall decide the matter within three
months from the date of the filing of the appeal. |
|
(6) |
Nothing contained
in this Article shall apply to the Chairman or
Speaker of a House. |
|
(7) |
For the purpose
of this Article -
(a) |
"House"
means the National Assembly or the Senate
in relation to the Federation and a Provincial
Assembly in relation to the Province,
as the case may be. |
(b) |
"Presiding
Officer" means the Speaker of the
National Assembly, the Chairman of the
Senate or the Speaker of the Provincial
Assembly, as the case may be. |
|
|
|
|
] 140
140 Substituted
by
Legal
Framework Order, 2002 (Chief Executive's Order No. 24 of 2002),
Article 3(1), Sch. item 8 (with effect from August 21, 2002) for
:
141[
63A |
Disqualification on
ground of defection, etc.
(1) |
If a member of
a Parliamentary Party defects, he may be means
of a notice in writing addressed to him by the
Head of the Political Party or such other person
as may be authorized in this behalf by the Head
of the Political Party, be called upon the show
cause, within not more than seven days of such
a notice, as to why a Declaration under clause
(2) should not be made against him. If a notice
is issued under this clause, the Presiding Officer
of the concerned House shall be informed accordingly.
Explanation: A
member of a House shall be deemed to defect from
a political party if he, having been elected as
such, as a candidate or nominee of a political
party: or under a symbol of political party or
having been elected otherwise than as a candidate
or nominee of a political party, and having become
a member of a political party after such election
by means of a declaration in writing :-
(a) |
commits
a breach of party discipline which means
a violation of the party constitution,
code of conduct and declared policies,
or |
(b) |
votes
contrary to any direction issued by the
Parliamentary Party to which he belongs,
or |
(c) |
abstain
from voting in the House against party
policy in relation to any bill. |
|
|
(2) |
Where action is
proposed to be taken under the Explanation to
clause (1), sub-clause (a) the disciplinary committee
of the party on a reference by the Head of the
Party, shall decide the matter, after giving an
opportunity of a personal hearing to the member
concerned within seven days. In the event the
decision is against the member, he can file an
appeal, within seven days, before the Head of
the Party, whose decision thereon shall be final,
in cases covered by the Explanation to clause
(1), sub-clauses (b) and (c), the declaration
may be made by the Head of the Party concerned
after examining the explanation of the member
and determining whether or not that member has
defected. |
|
(3) |
The Presiding
Officer of the House shall be intimated the decision
by Head of the Political Party in addition to
intimation which shall also be concerned member.
The Presiding Officer shall within two days transmit
the decision to the Chief Election Commissioner.
The Chief Election Commissioner, shall give effect
to such decision, within seven days from the date
of the receipt of such intimation by declaring
the seat vacant and amend it under the schedule
of the bye-election. |
|
(4) |
Nothing contained
in this Article shall apply to the Chairman or
Speaker of a House. |
|
(5) |
For the purpose
of this Article:-
(a) |
"House"
means the National Assembly or the Senate,
in relation to and the Federation; and
a Provincial Assembly in relation to the
Province, as the case may be. |
(b) |
"Presiding
Officer" means the Speaker of the
National Assembly, the Chairman of the
Senate or the Speaker of the Provincial
Assembly, as case may be. |
|
|
(6) |
Notwithstanding
anything contained in the Constitution, no court
including the Supreme Court and a High Court shall
entertain any legal proceedings, exercise any
jurisdiction, or make any order in relation to
the action under this Article. |
|
|
|
] 141
151 For the
Rules of Procedure and Conduct of Business in the Senate, see
Gazette of Pakistan, 1973, Extraordinary, Part II, Pages 1543-1620.
For the Rules of Procedure and Conduct of Business in the National
Assembly, 1973, see Gazette of Pakistan, 1973, Extraordinary,
Part II, pages 1897-1957.
157 Substituted
by
Constitution
(Eighteenth Amendment) Act, 2010, Sect. 23 (with effect from
April 19, 2010) for :
158[
70 |
Introduction and passing
of Bills.
(1) |
A Bill with respect
to any matter in the Federal Legislative List
or in the Concurrent Legislative List may originate
in either House and shall, if it is passed by
the House in which it originated, be transmitted
to the other House; and, if the Bill is passed
without amendment, by the other House also, it
shall he presented to the President for assent. |
|
(2) |
if a Bill transmitted
to a House under clause (1) is rejected or is
not passed within ninety days of its receipt or
is passed with amendment, the Bill, at the request
of the House in which it originated, shall be 159[referred to
a Mediation Committee constituted under Article
71 for consideration and resolution thereon] 159. |
|
(3) |
If a request is
made under clause (2), the President shall summon
a joint sitting; and, if the Bill is passed in
the joint sitting, with or without amendment,
by the votes of the majority of the total membership
of the two Houses, it shall be presented to the
President for assent. |
|
(4) |
In this Article
and the succeeding provisions of the Constitution,
"Federal Legislative List" and "Concurrent
Legislative List" mean respectively the Federal
Legislative List and the Concurrent Legislative
List in the Fourth Schedule. |
|
|
|
] 158
158 Substituted
by
Revival
of Constitution of 1973 Order, 1985 (President's Order No. 14
of 1985), Art 2, Sch. item 17 (with effect from March 2, 1985)
for :
70 |
(1) |
A Bill with respect
to any matter in Part I of the Federal Legislative
List shall originate in the National Assembly
and shall, if it is passed by the Assembly, be
transmitted to the Senate for its consideration. |
|
(2) |
The Senate may,
within ninety days of the receipt of the Bill
under clause (1), either pass it, with or without
amendment, or reject it; and upon the failure
of the Senate so to do, the Bill shall be deemed
to have been passed by it without amendment at
the expiration of that period. |
|
(3) |
If the Bill is
passed without amendment by the Senate, or is
deemed to have been so passed, it shall be presented
to the President for assent. |
|
(4) |
If the Bill is
passed with amendment or is rejected by the Senate,
it shall be reconsidered by the National Assembly;
and, if the Bill is again passed by the National
Assembly, with or without amendment, it shall
be presented to the President for assent. |
|
(5) |
For the purposes
of the procedure prescribed in this Article, the
question whether or not a Bill is with respect
to any matter in Part I of the Federal Legislative
List shall be decided by the President whose decision
shall be final. |
|
(6) |
In this Article
and the succeeding provisions of the Constitution,
"Federal Legislative List" and "Concurrent
Legislative List" mean respectively the Federal
Legislative List and the Concurrent Legislative
List in the Fourth Schedule. |
|
|
|
160 The following
was omitted by
Revival
of Constitution of 1973 Order, 1985 (President's Order No. 14
of 1985), Art 2, Sch. item 17 (with effect from March 2, 1985) :
:
71. |
(1) |
A Bill with respect
to any matter in Part II of the Federal Legislative
List or in the Concurrent Legislative List may
originate in either House and shall, if it is
passed by one House, be transmitted to the other
House; and if the Bill is passed without amendment,
by the other House also it shall be presented
to the President for assent. |
|
(2) |
If a Bill transmitted
to a House under clause (1) is rejected or is
not passed within ninety days of its receipt or
is passed with amendment, the Bill, at the request
of the House in which it originated, shall be
considered in a joint sitting. |
|
(3) |
If a request is
made under clause (2), the President shall summon
a joint sitting; and if the Bill is passed in
the joint sitting, with or without amendment,
by the votes of the majority of the total membership
of the two houses, the Bill shall be presented
to the President for assent. |
|
|
|
161 The following
was omitted by
Constitution
(Eighteenth Amendment) Act, 2010, Sect. 24 (with effect from
April 19, 2010) : :
162[
71. |
Mediation Committee.
(1) |
Both Houses of
Majlis-e-Shoora (Parliament) shall, within fifteen
days from the date of referral of the Bill by
the House in which it was originated for consideration
and resolution by the Mediation Committee under
clause (2) of Article 70 nominate eight members
each as members of a Mediation Committee. |
|
(2) |
The House in which
the Bill was originated shall nominate a member
of the Mediation Committee as Chairman of the
Committee and the other House shall nominate a
member as the Vice-Chairman thereof. |
|
(3) |
All decisions
of the Mediation Committee shall be made by a
majority of the total number of members of each
House in the Committee. |
|
(4) |
The President
may, in consultation with the Speaker of the National
Assembly and Chairman of the Senate, make rules
for conduct of business of the Mediation Committee. |
|
|
|
] 162
163 Substituted
by
Constitution
(Eighteenth Amendment) Act, 2010, Sect. 25 (with effect from
April 19, 2010) for :
164[
(1) |
Notwithstanding anything
contained in Article 70, a Money Bill shall originate
in the National Assembly.
Provided that
simultaneously when a Money Bill, including the Finance
Bill containing the Annual Budget Statement, is presented
in the National Assembly, a copy thereof shall be transmitted
to the Senate which may, within seven days, make recommendations
thereon to the National Assembly.
|
|
(1A) |
The National Assembly
shall, consider the recommendations of the Senate and
after the Bill has been passed by the Assembly with or
without incorporating the recommendations of the Senate,
it shall be presented to the President for assent. |
|
] 164
164 Substituted
by
Legal
Framework Order, 2002 (Chief Executive's Order No. 24 of 2002),
Article 3(1), Sch. item 11 (with effect from August 21, 2002)
for :
(1) |
Notwithstanding anything
contained in Article 70 165[] 165, a Money Bill shall
originate in the National Assembly and after it has been
passed by the Assembly it shall, without being transmitted
to the Senate, be presented to the President for assent. |
|
167 Substituted
by
Revival
of Constitution of 1973 Order, 1985 (President's Order No. 14
of 1985), Art 2 and Sched. item 19 (with effect from March
2, 1985) for :
75 |
(1) |
The President
shall assent to a Bill within seven days after
it has been presented to him for assent under
Article 70, Article 71 or Article 73 and if the
President fails to do so he shall be deemed to
have assented to the Bill at the expiration of
the said period. |
|
(2) |
When the President
has assented or is deemed to have assented to
a Bill, it shall become law and be called an Act
of Parliament. |
|
(3) |
No Act of Parliament,
and no provision in any such Act, shall be invalid
by reason only that some recommendation. previous
sanction or consent required by the Constitution
was not given if that Act was assented to or deemed
to have been assented to in accordance with the
Constitution. |
|
|
|
170 Substituted
by
Constitution
(Eighteenth Amendment) Act, 2010, Section 26(ii) (with effect
from April 19, 2010) for :
171[
(2) |
When the President has
returned a Bill to the Majlis-e-Shoora (Parliament), it
shall be reconsidered by the Majlis-e-Shoora (Parliament) 172[] 172 and,
if it is again passed, with or without amendment, by the
Majlis-e-Shoora (Parliament), 173[in accordance with
Article 70] 173 it shall be
deemed for the purposes of the Constitution to have been
passed by both Houses and shall be presented to the President
and the President shall not withhold assent therefrom. |
|
] 171
171 Substituted
by
Constitution
(Eighth Amendment) Act, 1985 (18 of 1985), Section 8(b) (with
effect from November 9, 1985) for :
(2) |
When the President has
returned a Bill to the Majlis-e-Shoora (Parliament), it
shall be reconsidered by the Majlis-e-Shoora (Parliament)
in joint sitting and, if it is again passed with or without
amendment, by the Majlis-e-Shoora (Parliament), by the
votes of the majority of the total membership of the two
Houses, it shall be again presented to the President and
the President shall assent thereto. |
|
173 Substituted
by , Article 3(1), Sch. item 12(a) (with effect from ) for "by
the votes of the majority of the members of both Houses present
and voting".
178 Substituted
by
Constitution
(Ninetenth Amendment) Act, 2010, Section 2(ii) (with effect
from January 1, 2011) for :
(b) |
the administrative expenses,
including the remuneration payable to officers and servants
of the Supreme Court, the department of the Auditor-General
and the Office of the Chief Election Commissioner and
of the Election Commission and the Secretariats of the
Senate and the National Assembly; |
182 For the
National Assembly Secretariat (Recruitment)Rules 1973, see Gazette
of Pakistan, 1973, Extraordinary, part 11 pages 2279-2286. For
the Senate Secretariat (Recruitment) Rules, 1973, see ibid., Pages
2301-2307.
183 For the
National Assembly (Finance Committee) Rules, 1973, see Gazette
of Pakistan, 1973, Extraordinary, Part II, pages 2451-2454. For
the Senate (Finance Committee) Rules, 1973, see ibid., pages 2479-2482.
195 Substituted
by
Constitution
(Eighteenth Amendment) Act, 2010, Section 27(iii) (with effect
from April 19, 2010) for :
(3) |
Without prejudice to the
provisions of clause (2) an Ordinance laid before the
National Assembly, shall be deemed to be a Bill introduced
in the National Assembly. |