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Part VI: Finance, Property, Contracts and Suits

Chapter 3: Property, Contracts, Liabilities and Suits

172 Ownerless property.
(1) Any property which has no rightful owner shall, if located in a Province, vest in the Government of that Province, and in every other case, in the Federal Government.
 
(2) All lands, minerals and other things of value within the continental shelf or underlying the ocean  379[beyond] 379 the territorial waters of Pakistan shall vest in the Federal Government.
 
 380[
(3) Subject to the existing commitments and obligations, mineral oil and natural gas within the Province or the territorial waters adjacent thereto shall vest jointly and equally in that Province and the Federal Government.
 
] 380
 
173 Power to acquire property and to make contracts, etc.
(1) The executive authority of the Federation and of a Province shall extend, subject to any Act of the appropriate Legislature, to the grant, sale, disposition or mortgage of any property vested in, and to the purchase or acquisition of property on behalf of, the Federal Government or, as the case may be, the Provincial Government, and to the making of contracts.
 
(2) All property acquired for the purposes of the Federation or of a Province shall vest in the Federal Government or, as the case may be, in the Provincial Government.
 
(3) All contracts made in the exercise of the executive authority of the Federation or of a Province shall be expressed to be made in the name of the President or, as the case may be, the Governor of the Province, and all such contracts and all assurances of property made in the exercise of that authority shall be executed on behalf of the President or Governor by such persons and in such manner as he may direct or authorize.
 
(4) Neither the President, nor the Governor of a Province, shall be personally liable in respect of any contract or assurance made or executed in the exercise of the executive authority of the Federation or, as the case may be, the Province, nor shall any person making or executing any such contract or assurance on behalf of any of them be personally liable in respect thereof.
 
(5) Transfer of land by the Federal Government or a Provincial Government shall be regulated by law.
 
 
174 Suits and proceedings.
The Federation may sue or be sued by the name of Pakistan and a Province may sue or be sued by the name of the Province.
 

Notes

379   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 65(i) (with effect from April 19, 2010) for "within".
380   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 65(ii) (with effect from April 19, 2010).

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