| 1. |
| (1) |
This Order may be called Provisional Constitution Order No.1 of
1999; |
| (2) |
It extends to the whole of Pakistan; |
| (3) |
It shall come into force at once. |
|
| 2. |
| (1) |
Notwithstanding the abeyance of the provisions of the Constitution
of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution,
Pakistan shall, subject to this Order and any other Orders made by the
Chief Executive, be governed, as nearly as may be, in accordance with the
Constitution. |
| (2) |
Subject as aforesaid, all courts in existence immediately before
the commencement of this Order, shall continue to function and to exercise
their respective powers and jurisdiction provided that the Supreme Court
or High Courts and any other court shall not have the powers to make any
order against the Chief Executive or any person exercising powers or jurisdiction
under his authority; |
| (3) |
The Fundamental Rights conferred by Chapter I of Part II of the
Constitution, not in conflict with the Proclamation of Emergency or any
Order made thereunder from time to time, shall continue to be in force. |
| (4) |
Notwithstanding anything contained in the Proclamation of the 14th day of October, 1999 or this Order or any other law for the time being in force, all provisions of the Constitution of the Islamic Republic of Pakistan embodying Islamic injunctions including Article 2, 2A, 31, 203A to 203J, 227 to 231 and 260 (3) (a) and (b) shall continue to be in force and no provision as aforesaid shall remain in abeyance or be deemed to have remained in abeyance at any time.
|
|
| 3. |
| (1) |
The President shall act on, and in accordance with the advice
of the Chief Executive; |
| (2) |
The Governor of the Province shall act on, and in accordance with the instructions of the Chief Executive.
|
|
| 4. |
| (1) |
No Court, Tribunal or other authority shall call or permit to be called in question the proclamation of Emergency of 14th day of October, 1999 or any Order made in pursuance thereof. |
| (2) |
No judgment, decree, writ, order or process whatsoever shall be
made or issued by any court or tribunal against the Chief Executive or
any authority designated by the Chief Executive. |
|
| 5. |
| (1) |
Notwithstanding the abeyance of the provisions of the Constitution,
but subject to the Orders of the Chief Executive, all laws other than the
Constitution, all Ordinances, Orders, Rules, Bye-laws, Regulation,
Notifications and other legal instruments in force in any part of Pakistan
whether made by the President or the Governor of the Province, shall continue in force until altered, amended or repealed
by the Chief Executive or any authority designated by him. |
| (2) |
In all Laws including all Acts, Ordinances, Orders, Rules, Bye-laws, Regulations, Notifications and all other legal instruments in force in any part of Pakistan whether made by the President or the Governor of a Province, the words "Prime Minister" and the words "Chief Minister", wherever occurring, shall be deemed substituted by the words " Chief Executive of the Islamic Republic of Pakistan" and "Governor" respectively. |
|
|
| (1) |
An Ordinance promulgated by the President or by
the Governor of the Province shall not be subject to the limitation as its
duration prescribed in the Constitution. |
| (2) |
The provisions of clause (1) shall also apply to an Ordinance issued by
the President or by the Governor which was in force immediately before the
commencement of the Proclamation Order of Chief Executive of the Fourteenth
day of October, 1999. |
|
| 6. |
The Proclamation of Emergency issued on 28th day of May 1998, shall
continue but subject to the provisions of Proclamation of Emergency dated
14th day of October 1999 and this Provincial Constitution Order and any
other Order made thereunder. |
| 7. |
All persons who, immediately before the commencement of this Order,
were in the service of Pakistan as defined in Article 260 of the Constitution
and those persons who immediately before such commencement were in office
as Judge of the Supreme Court, the Federal Shariat Court or a High Court
or Chief Election Commissioner
or Auditor-General or Ombudsman and Chief Ehtesab Commissioner, shall continue
in the said service on the same terms and conditions and shall enjoy the
same privileges, if any. |