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Part V: Relations between Federation and Provinces

Chapter 3: Special Provisions

 356[] 356 359[] 359
153 Council of Common Interests.
(1) There shall be a Council of Common Interests, in this Chapter referred to as the Council, to be appointed by the President.
 
 361[
(2) The Council shall consist of-
(a) the Prime Minister who shall be the Chairman of the Council;
(b) the Chief Ministers of the Provinces;
(c) three members from the Federal Government to be nominated by the Prime Minister from time to time.
 
] 361 362[] 362
(4) The Council shall be responsible to  363[Majlis-e-Shoora (Parliament) ] 363 364[and shall submit an Annual Report to both Houses of Majlis-e-Shoora (Parliament)] 364.
 
 
154 Functions and rules of procedure.
 365[
(1) The Council shall formulate and regulate policies in relation to matters in Part II of the Federal Legislative List and shall exercise supervision and control over related institutions.
 
] 365 366[
(2) The Council shall be constituted within thirty days of the Prime Minister taking oath of office.
 
(3) The Council shall have a permanent Secretariat and shall meet at least once in ninety days:
Provided that the Prime Minister may convene a meeting on the request of a Province on an urgent matter.
 
] 366
 367[(4)] 367 The decisions of the Council shall be expressed in terms of the opinion of the majority.
 
 368[(5)] 368 Until  369[Majlis-e-Shoora (Parliament)] 369 makes provision by law in this behalf, the Council may make its rules of procedure.
 
 370[(6)] 370  371[Majlis-e-Shoora (Parliament)] 371 in joint sitting may from time to time by resolution issue directions through the Federal Government to the Council generally or in a particular matter to take action as  372[Majlis-e-Shoora (Parliament)] 372 may deem just and proper and such directions shall be binding on the Council.
 
 373[(7)] 373 If the Federal Government or a Provincial Government is dissatisfied with a decision of the council, it may refer the matter to  374[Majlis-e-Shoora (Parliament)] 374 in a joint sitting whose decision in this behalf shall be final.
 
 
155 Complaints as to interference with water supplies.
(1) If the interests of a Province, the Federal Capital  375[] 375, or any of the inhabitants thereof, in water from any natural source of supply  376[or reservoir] 376 have been or are likely to be affected prejudicially by-
(a) any executive act or legislation taken or passed or proposed to be taken or passed, or
(b) the failure of any authority to exercise any of its powers with respect to the use and distribution or control of water from that source,
the Federal Government or the Provincial Government concerned may make a complaint in writing to the Council.
 
(2) Upon receiving such complaint, the Council shall, after having considered the matter, either give its decision or request the President to appoint a commission consisting of such persons having special knowledge and experience in irrigation, engineering, administration, finance or law as he may think fit, hereinafter referred to as the Commission.
 
(3) Until  377[Majlis-e-Shoora (Parliament)] 377 makes provision by law in this behalf, the provisions of the Pakistan Commissions of Inquiry Act, 1956, as in force immediately before the commencing day shall apply to the Council or the Commission as if the Council or the Commission were a commission appointed under that Act to which all the provisions of section 5 thereof applied and upon which the power contemplated by section 10A thereof had been conferred.
 
(4) After considering the report and supplementary report, if any, of the Commission, the Council shall record its decision on all matters referred to the Commission.
 
(5) Notwithstanding any law to the contrary, but subject to the provisions of clause (5) of Article 154, it shall be the duty of the Federal Government and the Provincial Government concerned in the matter in issue to give effect to the decision of the Council faithfully according to its terms and tenor.
 
(6) No proceeding shall lie before any court at the instance of any party to a matter which is or has been in issue before the Council. or of any person whatsoever, in respect of a matter which is actually or has been or might or ought to have been a proper subject of complaint to the Council under this Article.
 
 
 378[
156. National Economic Council
(1) The President shall constituted a National Economic Council which shall consist of-
(a) the Prime Minister, who shall be the Chairman of the Council;
(b) the Chief Ministers and one member from each Province to be nominated by the Chief Minister; and
(c) four other members as the Prime Minister may nominate from time to time.
 
(2) The National Economic Council shall review the overall condition of the country and shall, for advising the Federal Government and the Provincial Governments, forumulate plans in respect of financial, commercial, social and economic policies; and in formulating such plans it shall, amongst other factors, ensure balanced development and regional equity and shall also be guided by the Principles of Policty set out in Chapter 2 of Part-II.
 
(3) The meetings of the Council shall be summoned by the Chairman or on a requisition made by one-half of the members of the Council.
 
(4) The Coucil shall meet at least twice in a year and the quorum for a meeting of the Council shall be one-half of its total membership.
 
(5) The Council shall be responsible to the Majlis-e-Shoora (Parliament) and shall submit an Annual Report to each House of Majlis-e-Shoora (Parliament).
 
 
] 378
157 Electricity.
(1) The Federal Government may in any Province construct or cause to be constructed hydro-electric or thermal power installations or grid stations for the generation of electricity and lay or cause to be laid inter-Provincial transmission lines  379[:] 379
 380[Provided that the Federal Government shall, prior to taking a decision to construct or cause to be constructed, hydro-electric power stations in any Province, shall consult the Provincial Government concerned. ] 380
 
(2) The Government of a Province may-
(a) to the extent electricity is supplied to that Province from the national grid, require supply to be made in bulk for transmission and distribution within the Province:
(b) levy tax on consumption of electricity within the Province;
(c) construct power houses and grid stations and lay transmission lines for use within the Province; and
(d) determine the tariff for distribution of electricity within the Province.
 
 381[
(3) In case of any dispute between the Federal Government and a Provincial Government in respect of any matter under this Article, any of the said Governments may move the Council of Common Interests for resolution of the dispute.
 
] 381
 
158 Priority of requirements of natural gas.
The Province in which a well-head of natural gas is situated shall have precedence over other parts of Pakistan in meeting the requirements from the well-head, subject to the commitments and obligations as on the commencing day.
 
159 Broadcasting and telecasting.
(1) The Federal Government shall not unreasonably refuse to entrust to a Provincial Government such functions with respect to broadcasting and telecasting as may be necessary to enable that Government-
(a) to construct and use transmitters in the Province; and
(b) to regulate and impose fees in respect of, the construction and use of transmitters and the use of receiving apparatus in the Province:
Provided that nothing in this clause shall be construed as requiring the Federal Government to entrust to any Provincial Government any control over the use of transmitters constructed or maintained by the Federal Government or by persons authorised by the Federal Government, or over the use of receiving apparatus by person so authorised.
 
(2) Any functions so entrusted to a Provincial Government shall be exercised subject to such conditions as may be imposed by the Federal Government, including, notwithstanding anything contained in the Constitution, any conditions with respect to finance, but it shall not be lawful for the Federal Government so to impose any conditions regulating the matter broadcast or telecast by, or by authority of, the Provincial Government.
 
(3) Any Federal law with respect to broadcasting and telecasting shall be such as to secure that effect can be given to the foregoing provisions of this Article.
 
(4) If any question arises whether any conditions imposed on any Provincial Government are lawfully imposed, or whether any refusal by the Federal Government to entrust functions is unreasonable, the question shall be determined by an arbitrator appointed by the Chief Justice of Pakistan.
 
(5) Nothing in this article shall be construed as restricting the powers of the Federal Government under the Constitution for the prevention of any grave menace to the peace or tranquility of Pakistan or any part thereof.
 
 

Notes

356   The following was omitted by Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), Article 5 (with effect from December 31, 2003) : :
 357[
152A National Security Council.
(1) There shall be a National Security Council to serve as a forum for consultation on strategic matters pertaining to the sovereignty, integrity and security of the State; and the matters relating to democracy, governance and inter-provincial harmony.
 
(2) The President shall be the Chairman of the National Security Council and its other members shall be the Prime Minister, the Chairman of the Senate, the Speaker of the National Assembly, the Leader of the Opposition in the National Assembly, the Chief Ministers of the Provinces, the Chairman Joint Chiefs of Staff Committee, and the Chiefs of Staff of the Pakistan Army, Pakistan Navy and Pakistan Air Force.
 
(3) Meetings of the National Security Council may be convened by the President either in his discretion, or on the advice of the Prime Minister, or when requested by any other of its members,  358[regularly] 358.
 
 
] 357
357   Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 17 (with effect from August 21, 2002).
358   Substituted by Legal Framework (Second Amendment) Order, 2002 (Chief Executive's Order No. 32 of 2002) (with effect from ) for "within the time frame indicated by him".
359   The following was omitted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 18 (with effect from November 9, 1985) : :
 360[
152A National Security Council.
(1) There shall be a National Security Council to make recommendations relating to the issue of a Proclamation of Emergency under Article 232, security of Pakistan and any other matter of national importance that may be referred to it by the President in consultation with the Prime Minister.
 
(2) The National Security Council shall consist of the President, the Prime Minister, the Chairman of the Senate, the Chairman, Joint Chiefs of Staff Committee, the Chiefs of Staff of the Pakistan Army, the Pakistan Navy and the Pakistan Air Force, and the Chief Ministers of the Provinces.
 
 
] 360
360   Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 32 (with effect from March 2, 1985).
361   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 54(i) (with effect from April 19, 2010) for :
(2) The members of the Council shall be-
(a) the Chief Ministers of the Provinces, and
(b) an equal number of members from the Federal Government to be nominated by the Prime Minister from time to time.
 
362   The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 54(ii) (with effect from April 19, 2010) : :
(3) The Prime Minister, if he is a member of the Council, shall be the Chairman of the Council but, if at any time he is not a member, the President may nominate a Federal Minister who is a member of the Council to be its Chairman.
 
363   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
364   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 54(iii) (with effect from April 19, 2010).
365   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 55(i) (with effect from April 19, 2010) for :
(1) The Council shall formulate and regulate policies in relation to matters in Part II of the Federal Legislative List and, in so far as it is in relation to the affairs of the Federation, the matter in entry 34 (electricity) in the Concurrent Legislative List, and shall exercise supervision and control over related institutions.
 
366   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 55(ii) (with effect from April 19, 2010).
367   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 55(ii) (with effect from April 19, 2010) for "(2)".
368   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 55(ii) (with effect from April 19, 2010) for "(3)".
369   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
370   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 55(ii) (with effect from April 19, 2010) for "(4)".
371   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
372   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
373   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 55(ii) (with effect from April 19, 2010) for "(5)".
374   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
375   The following was omitted by Constitution (Twenty-fifth Amendment) Act, 2017 (37 of 2018), Sect. 7 (with effect from May 31, 2018) : "or the Federally Administered Tribal Areas".
376   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 56 (with effect from April 19, 2010).
377   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
378   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 57 (with effect from April 19, 2010) for :
156 National Economic Council.
(1) The President shall constitute a National Economic Council consisting of the Prime Minister, who shall be its Chairman, and such other members as the President may determine:
Provided that the President shall nominate one member from each Province on the recommendation of the Government of that Province.
 
(2) The National Economic Council shall review the overall economic condition of the country and shall, for advising the Federal Government and the Provincial Governments, formulate plans in respect of financial, commercial, social and economic policies; and in formulating such plans, it shall be guided by the, Principles of Policy set out in Chapter 2 of Part II.
 
 
379   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 58(i) (with effect from April 19, 2010) for ".".
380   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 58(i) (with effect from April 19, 2010).
381   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 58(ii) (with effect from April 19, 2010).
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