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153
| Council of Common Interests.
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(1)
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There shall be a Council of Common Interests, in
this Chapter referred to as the Council, to be appointed by the President.
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361[
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(2)
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The Council shall consist of-
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(a)
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the Prime Minister who shall be the Chairman of the Council; |
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(b)
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the Chief Ministers of the Provinces; |
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(c)
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three members from the Federal Government to be nominated by the Prime Minister from time to time. |
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] 361 362[] 362
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(4)
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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. |
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154
| Functions and rules of procedure.
365[
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(1)
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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.
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] 365 366[
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(2)
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The Council shall be constituted within thirty days of the Prime Minister taking oath of office. |
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(3)
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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.
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] 366
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367[(4)] 367
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The decisions of the Council shall be expressed in
terms of the opinion of the majority.
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368[(5)] 368
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Until 369[Majlis-e-Shoora (Parliament)] 369 makes provision by law in this behalf, the Council
may make its rules of procedure.
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370[(6)] 370
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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.
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373[(7)] 373
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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.
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155
| Complaints as to interference with water supplies.
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(1)
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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-
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(a)
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any executive act or legislation taken or
passed or proposed to be taken or passed, or
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(b)
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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,
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the Federal Government or the Provincial Government concerned may make a complaint in writing to the Council.
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(2)
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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.
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(3)
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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.
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(4)
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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.
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(5)
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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.
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(6)
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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.
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157
| Electricity.
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(1)
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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
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(2)
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The Government of a Province may-
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(a)
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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:
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(b)
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levy tax on consumption of electricity within
the Province;
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(c)
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construct power houses and grid stations and
lay transmission lines for use within the Province; and
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(d)
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determine the tariff for distribution of
electricity within the Province.
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381[
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(3)
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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.
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] 381 |
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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. |
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159
| Broadcasting and telecasting.
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(1)
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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-
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(a)
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to construct and use transmitters in the
Province; and
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(b)
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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.
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(2)
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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.
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(3)
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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.
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(4)
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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.
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(5)
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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.
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356
The following was omitted by
Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), Article 5
(with effect from
December 31, 2003) : :
357[
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152A
| National Security Council.
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(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.
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(2)
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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.
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(3)
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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.
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] 357
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[
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152A
| National Security Council.
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(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.
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(2)
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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.
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] 360
361
Substituted by
Constitution (Eighteenth Amendment) Act, 2010, Section 54(i)
(with effect from
April 19, 2010) for :
|
(2)
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The members of the Council shall be-
|
(a)
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the Chief Ministers of the Provinces, and |
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(b)
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an equal number of members from the Federal
Government to be nominated by the Prime Minister from time
to time.
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362
The following was omitted by
Constitution (Eighteenth Amendment) Act, 2010, Section 54(ii)
(with effect from
April 19, 2010) : :
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(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.
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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.
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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".
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.
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|
(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.
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