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248
| Protection to President, Governor, Minister, etc.
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(1)
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The President, a Governor, the Prime Minister, a
Federal Minister, a Minister of State, the Chief Minister and a
Provincial Minister shall not he answerable to any court for the
exercise of powers and performance of functions of their
respective offices 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.
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(2)
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No criminal proceedings whatsoever shall be
instituted or continued against the President or a Governor in
any court during his term of office.
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(3)
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No process for the arrest or imprisonment of the
President or a Governor shall issue from any court during his
term of office.
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(4)
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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 anything done by 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.
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249
| Legal proceedings.
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(1)
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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 the 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.
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(2)
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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.
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250
| Salaries, allowances, etc., of the President, etc.
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(1)
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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 a 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, 768[] 768 a Chief Minister, a Provincial Minister and
the Chief Election Commissioner.
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(2)
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Until other provision is made by law,
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(a)
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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 a 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, 769[] 769 a Chief
Minister, a Provincial Minister or, as the case may be, the
Chief Election Commissioner was entitled immediately before
the commencing day; and
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(b)
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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.
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(3)
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The salary, allowances and privileges of a person
holding office as
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(a)
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the President; |
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(b)
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the Chairman or Deputy Chairman; |
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(c)
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the Speaker or Deputy Speaker of the
National Assembly or a Provincial Assembly;
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(d)
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a Governor; |
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(e)
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the Chief Election Commissioner; or |
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(f)
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the Auditor-General; |
shall not be varied to his disadvantage during his
term of office.
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(4)
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At any time when the Chairman or Speaker is acting as
President, he shall be entitled to the same salary, allowances and
privileges as President but shall not exercise any of the functions
of the office of Chairman or Speaker member of Majlis-e-Shoora
(Parliament), or be entitled to salary, allowances or privileges as
Chairman, Speaker or such a member.
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251
| National language.
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(1)
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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.
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(2)
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Subject to clause (1), the English language may be
used for official purposes until arrangements are made for its
replacement by Urdu.
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(3)
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Without prejudice to the status of the National
language, a Provincial Assembly may by law prescribe measures for
the leaching, promotion and use of a Provincial language in addition
to the National language.
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252
| Special provisions in relation to major ports and aerodromes.
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(1)
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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.
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(2)
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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.
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253
| Maximum limits as to property, etc.
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(1)
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770[Majlis-e-Shoora (Parliament)] 770 may by law
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(a)
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prescribe the maximum limits as to property
or any class thereof which may be owned, held, possessed or
controlled by any person; and
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(b)
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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.
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(2)
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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.
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254
| Failure to comply with requirement as to time does not render an act invalid.
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. |
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255
| Oath of office.
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(1)
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An oath required to be made by a person under the
Constitution shall 771[preferably be made in Urdu or] 771 a language that
is understood by that person.
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(2)
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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
772[the Chief Justice of a High Court, in case of a Province and by the Chief Justice of Pakistan, in all other cases] 772.
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(3)
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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.
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256
| Private armies forbidden.
No private organization capable of functioning as a
military organization shall be formed, and any such organization
shall be illegal. |
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257
| Provision relating to the State of Jammu and Kashmir.
When the people of the State of Jammu and Kashmir decide
to accede to Pakistan, the relationship between Pakistan and the
State shall be determined in accordance with the wishes of the
people of that State. |
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258
| Government of territories outside Provinces.
Subject to the Constitution, until 773[Majlis-e-Shoora (Parliament)] 773 by law otherwise provides, the President may, by Order,
make provisions for peace and good government of any part of
Pakistan not forming part of a Province. |
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259
| Awards.
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(1)
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No citizen shall accept any title, honor or
decoration from any foreign State except with the approval of
the Federal Government.
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(2)
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No title, honor or decoration shall he conferred
by the Federal Government or any Provincial Government on any
citizen, but the President may award decorations in recognition
of gallantry 774[, meritorious service in the Armed Forces] 774, 775[academic
distinction or distinction in the field of sports 776[, science, technology, medicine, arts or public service] 776] 775, as
provided by Federal law.
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(3)
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All titles, honors and decorations awarded to citizens
by any authority in Pakistan before the commencing day otherwise
than in recognition of gallantry 777[, meritorious service in the Armed Forces] 777, or academic distinction shall stand annulled.
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772
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 25
(with effect from
October 21, 2024) for "that person".
776
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 26
(with effect from
October 21, 2024) for "or nursing".