WHEREAS general elections to the National Assembly and the Provincial
Assemblies are scheduled to be held on October 10,2002, and to the
Senate on November 12, 2002;
AND WHEREAS it is necessary to provide for a smooth and orderly
transition;
NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the
fourteenth day of October, 1999, read with the Provisional
Constitution Order No. 1 of 1999, and in pursuance of the powers
vested in him by and under the judgement of the Supreme Court of
Pakistan, dated the 12th May, 2000, and in exercise of all the powers
enabling him in that behalf; to revive the Constitution with the
amendments made herein, the Chief Executive of the Islamic Republic of
Pakistan is pleased to make the following Order:-
| Serial No. (1) |
Article / Chapter (2) |
Amendments
made (3)
|
| 1. |
17. |
|
(1)
|
In clause (2).-
|
(a)
|
after the words "integrity
of Pakistan", occurring twice, the words "or
public order" shall be inserted;
and
|
|
(b)
|
for the full stop at the
end a colon shall be substituted and there after
the following proviso shall be added, namely:-
"Provided that no political party shall promote
sectarian, ethnic, regional hatred or animosity, or be titled
or constituted as a militant group or section."
|
and
|
| |
|
(2)
|
after clause (3), the following
new clause shall be added, namely:-
|
(4)
| Every
political party shall, subject to law, hold
intra-party elections to elect its office-bearers
and party
leaders. |
|
|
| 2. |
41. |
For clause (7) the following shall be substituted,
namely:-
|
(7)
| The Chief Executive of the
Islamic Republic of Pakistan-
|
(a)
|
shall relinquish the office of Chief Executive on
such day as he may determine in accordance with
the judgement of the Supreme Court of Pakistan of
the 12th May, 2000; and
|
|
(b)
|
having received
the democratic mandate to serve the nation as
President of Pakistan for a period of five years
shall, on relinquishing the office of the Chief
Executive, Notwithstanding anything contained in
this Article or Article 43 or any other provision
of the Constitution or any other law for the time
being in force, assume the office of President of
Pakistan forthwith and shall hold office for a
term of five years under the Constitution, and
Article 44 and other provisions of the
Constitution shall apply
accordingly."
|
|
|
| 3. |
51. |
|
(1)
|
For clause (1) the following shall be
substituted, namely:-
|
(1)
| There shall be
three hundred and forty-two seats of the members in
the National Assembly, including seats reserved for
women and non-Muslims. |
| |
|
(1A)
| The seats in
the National Assembly referred to in clause (1),
except as provided in clause (2A), are allocated to
each Province, the Federally Administered Tribal Areas
and the Federal Capital as under-
|
General |
Women |
Total |
| Balochistan |
14 |
3 |
17 |
| NWFP |
35 |
8 |
43 |
| The Punjab |
148 |
35 |
183 |
| Sind |
61 |
14 |
75 |
| FATA |
12 |
- |
12 |
| Federal Capital |
2 |
- |
2 |
| Total |
272 |
60 |
332 |
|
|
| |
|
(2)
|
in clause (2), in paragraph (b),
for the word "twenty-one " the word "eighteen" shall
be substituted;
|
| |
|
(3)
|
for clause (2A) the following
clause shall be substituted. namely:-
|
(2A)
| In
addition to the number of seats referred to in
clause (1A), there shall be, in the National
Assembly, ten seats reserved for
non-Muslims. |
;
|
| |
|
(4)
|
for clause (4) the following
shall be substituted, namely:-
|
(4)
| For the purpose of
election to the National Assembly,-
|
(a)
|
the constituencies for the
general seats shall be single member
territorial constituencies and the members to
fill such seats shall be elected by direct and
free vote in accordance with
law;
|
|
(b)
|
each Province shall be a
single constituency for
all;
|
|
(c)
|
the constituency for all seats reserved for non-Muslims
shall be the whole country;
|
|
(d)
|
members to the seats reserved for women which are
allocated to a Province under clause (1A) shall be elected in
accordance with law through proportional representation system
of political parties' lists of candidates on the basis of
total number of general seats secured by each political party
from the Province concerned in the National Assembly
[Click here for amendment]; :
Provided
that for the purpose of this sub-clause the total number of general
seats won by a political party shall include the independent returned
candidate or candidates who may duly join such political party within
three days of the publication in the official Gazette of the names of
the returned candidates.
|
|
(e)
|
members to the seats reserved for non-Muslims shall be
elected in accordance with law through proportional
representation system of political parties lists of candidates
on the basis of total number of general seats won by each
political party in the National Assembly[Click here for amendment]; :
Provided that for the purpose of this sub-clause thetotal number of general seats won by a political party shallinclude the
independent returned candidate or candidates who may duly join such political party within three days ofthe publication in
the official Gazette of the names of the returned candidates.
|
Provided that a politcal party securing less than five per
centum of the total number of seats in the National Assembly shall not
be entitled to any seat reserved for women or
non-Muslims.
|
;and
|
| |
|
(5)
|
Clauses(4) to (6) shall be omitted. |
|
| 4. |
58. |
In clause (2), after paragraph (a), the following new
paragraph shall be added, namely:-
|
(b)
|
a situation has arisen in which the Government of the Federation
cannot be carried on in accordance with the provisions of the
Constitution and an appeal to the electorate is necessary."
|
|
| 5. |
59. |
|
(1)
|
For clause (1) the following shall be
substituted, namely:-
|
(1)
| The Senate shall consist of one-hundred members, of whom, -
|
(a)
|
fourteen shall be elected by the members of each Provincial
Assembly;
|
|
(b)
|
eight shall be elected [Click here for amendment]by direct and free vote from the Federally
Administered Tribal Areas, in such manner as the President may, by
Order, prescribe;
|
|
(c)
|
two on general seats, and one woman and one technocrat including
aalim shall be elected from the Federal Capital in such manner as the
President may, by Order, prescribe;
|
|
(d)
|
four women shall be elected by the members of each Provincial
Assembly;
|
|
(e)
|
four technocrats including ulema shall be elected by the members
of each Provincial Assembly."
|
|
; and
|
| |
|
(2)
|
In clause(3),-
|
(a)
|
for paragraph (c) the following shall be substituted, namely:-
|
"(c)
|
of the members referred to in paragraph (c) of the aforesaid
clause,-
|
(i)
|
one elected on general seat shall retire after the
expiration of the first three years and the other one shall
retire after the expiration of the next three years, and
|
|
(ii)
|
one elected on the seat reserved for technocrat shall
retire after first three years and the one elected on the seat
reserved for woman shall retire after the expiration of the
next three years;"
|
|
; and
|
|
(b)
|
for paragraph (d) the following shall be substituted, namely:-
|
"(d)
|
of the members referred to in paragraph (d) of the aforesaid
clause, two shall retire after the expiration of the three years and
two shall retire after the expiration of the next three years; and
|
| |
|
(e)
|
of the members referred to in paragraph (e) of the aforesaid
clause, two shall retire after the expiration of the first three years
and two shall retire after the expiration of the next three years:".
|
|
|
|
| 6. |
62. |
For clause (b) the following shall be substituted,
namely:-
|
"(b)
|
he is, in the case of the National Assembly, not less than twenty
-five years of age and is enroled as a voter in any electoral roll in-
|
(i)
|
any part of Pakistan, for election to a general seat or a
seat reserved for non-Muslims; and
|
|
(ii)
|
any area in a Province from which he seeks membership for
election to a seat reserved for women."
|
|
|
| 7. |
63. |
|
(1)
|
In clause (1):-
|
(a)
|
for paragraphs (h), (i) and (j) the following shall be
substituted, namely:-
|
"(h)
|
he has been convicted by a court of competent jurisdiction on a
charge of corrupt practice, moral turpitude or misuse of power or
authority under any law for the time being in force; or
|
| |
|
(i)
|
he has been dismissed from the service of Pakistan or service of a
corporation or office set up or controlled by the Federal Government,
Provincial Government or a Local Government on the grounds of
misconduct or moral turpitude; or
|
| |
|
(j)
|
he has been removed or compulsorily retired from the service of
Pakistan or service of a corporation or office set up or controlled by
the Federal Government, Provincial Government or a Local Government on
the grounds of misconduct or moral turpitude; or"
|
; and
|
|
(b)
|
for paragraph (p) the following shall be substituted, namely:-
|
"(p)
|
he has been convicted and sentenced to imprisonment for having
absconded by a competent court under any law for the time being in
force; or
|
| |
|
(q)
|
he has obtained a loan for a an amount of two million rupees or
more, from any bank, financial institution, cooperative society or
cooperative body in his own name or in the name of his spouse or any
of his dependents, which remains unpaid for more than one year from
the due date, or has got such loan written off; or
|
| |
|
(r)
|
he or his spouse or any of his dependents has defaulted in payment
of government dues and utility expenses, including telephone,
electricity, gas and water charges in excess of ten thousand rupees,
for over six months, at the time of filing his nomination papers[Click here for amendment].";
|
[Click here for amendment]
|
(s)
|
he is for the time being disqualified from being electedor chosen as a member of the Majlis-e-Shoora (Parliament)or of a Provincial
Assembly under any law for the timebeing in force.";
|
|
|
| |
|
(2)
|
for clause (2) the following shall be substituted, namely:-
|
"(2)
| If any question arises whether a member of Majlis-e-Shoora
(Parliament) has become disqualified from being a member, the Speaker
or, as the case may be, the Chairman shall, within thirty days from
raising of such question refer the question to the Chief Election
Commissioner." |
; and
|
| |
|
(3)
|
after clause (2), substituted as aforesaid, the following new
clause shall be added, namely:-
|
"(3)
| Where a question is referred to the Chief Election
Commissioner under clause (2), he shall lay such question
before the Election Commission which shall give its decision
thereon not later than three months from its receipt by he
Chief Election Commissioner." |
|
|
| 8. |
63A. |
For Article 63A the following shall be substituted,
namely:-
| "63A. | Disqualification on grounds of defection, etc.
|
(1)
| If a member
of a Parliamentary Party composed of a single political party in a
House-
|
(a)
|
resigns from membership of his political party or joins another
Parliamentary Party; or
|
|
(b)
|
votes or abstains from voting in the House contrary to any
direction issued by the Parliamentary Party to which he belongs, in
relations to-
|
(i)
|
election of the Prime Minister or the Chief Minister; or |
|
(ii)
|
a vote of confidence or a vote of no-confidence; or |
|
(iii)
|
a Money Bill; |
|
he may be declared in writing by the Head of the Parliamentary Party
to have defected from the political party, and the Head of the
Parliamentary Party may forward a copy of the declaration to the
Presiding Officer, and shall similarly forward a copy thereof to the
member concerned:
Provided that before making the declaration, the Head of the
Parliamentary Party shall provide such member with an opportunity to
show cause as to why such declaration may not be made against him.
|
| |
|
(2)
| A member of a House shall be deemed to be a member of a
Parliamentary Party if he having been elected as a
candidate or nominee of a political party which constitutes
the Parliamentary Party in the House or, having been
elected otherwise than as a candidate or nominee of a
political party, has become a member of such Parliamentary
Party after such election by means of a declaration in
writing. |
| |
|
(3)
| Upon receipt of the declaration under clause (1), the Presiding
Officer of the House shall within two days refer the
declaration to the Chief Election Commissioner who shall
lay the declaration before the Election Commission for its
decision thereon confirming the declaration or otherwise
within thirty days of its receipt by the Chief Election
Commissioner. |
| |
|
(4)
| Where the Election Commission confirms the declaration, the member
referred to in clause (1) shall cease to be a member of the
House and his seat shall become vacant. |
| |
|
(5)
| Any party aggrieved by the decision of the Election Commission may
within thirty days, prefer an appeal to the Supreme Court
which shall decide the matter within three months from the
date of the filing of the appeal. |
| |
|
(6)
| Nothing contained in this Article shall apply to the Chairman or
Speaker of a House. |
| |
|
(7)
| For the purpose of this Article -
|
(a)
|
"House" means the National Assembly or the Senate in relation to
the Federation and a Provincial Assembly in relation to the Province,
as the case may be.
|
|
(b)
|
"Presiding Officer" means the Speaker of the National Assembly,
the Chairman of the Senate or the Speaker of the Provincial Assembly,
as the case may be.
|
|
|
|
| 9. |
70. |
|
(1)
|
In clause (2) for the words "considered in a joint
sitting" the words and figure "referred to a Mediation
Committee constituted under Article 71 for
consideration and resolution thereon" shall be
substituted; and
|
| |
|
(2)
|
for clause (3) the following shall be substituted, namely:-
|
(3)
| Where a Bill is referred to the Mediation Committee under clause
(2), the Mediation Committee shall, within ninety days,
formulate an agreed Bill which is likely to be passed by
both Houses of the Majlis-e-Shoora (Parliament) and place
the agreed Bill separately before each House and if both
the Houses pass the Bill, it shall be presented to the
President for assent. |
|
|
| 10. |
Part III. Chapter 2. |
After Article 70, amended as aforesaid the
following new Article shall be added namely:
| 71. | Mediation Committee.
|
(1)
| Both Houses of Majlis-e-Shoora
(Parliament) shall, within fifteen days from the date of
referral of the Bill by the House in which it was
originated for consideration and resolution by the
Mediation Committee under clause (2) of Article 70 nominate
eight members each as members of a Mediation Committee. |
| |
|
(2)
| The House in which the Bill was originated shall nominate a member
of the Mediation Committee as Chairman of the Committee and
the other House shall nominate a member as the
Vice-Chairman thereof. |
| |
|
(3)
| All decisions of the Mediation Committee shall be made by a
majority of the total number of members of each House in
the Committee. |
| |
|
(4)
| The President may, in consultation with the Speaker of the
National Assembly and Chairman of the Senate, make rules
for conduct of business of the Mediation Committee. |
|
|
| 11. |
73. |
For clause (1) the following shall be substituted,
namely:-
|
(1)
| Notwithstanding anything contained in Article 70, a Money Bill
shall originate in the National Assembly.
Provided that simultaneously when a Money Bill, including the Finance
Bill containing the Annual Budget Statement, is presented in the
National Assembly, a copy thereof shall be transmitted to the Senate
which may, within seven days, make recommendations thereon to the
National Assembly.
|
| |
|
(1A)
| The National Assembly shall, consider the recommendations of the
Senate and after the Bill has been passed by the Assembly with or
without incorporating the recommendations of the Senate, it shall be
presented to the President for assent. |
|
| 12. |
75. |
In clause (2) -
|
(a)
|
the words "in joint sitting" shall be omitted; and |
|
(b)
|
for the words and comma "by the votes of the majority of the
members of the both Houses present and voting," the words, figure and
comma "in accordance with Article 70," shall be substituted.
|
|
| 13. |
101 |
In clause (1), for the words "on the advice of" the
words "after consultation with" shall be substituted.
|
| 14. |
106. |
|
(1)
|
For clause (1) the following shall be
substituted:-
|
"(1)
| Each Provincial Assembly shall consist of general seats and seats
reserved for women and non-Muslims as specified herein below.
|
General seats |
Women |
Non-Muslims |
Total |
| Baluchistan |
51 |
11 |
3 |
65 |
| The North-West Frontier Province |
99 |
22 |
3 |
124 |
| The Punjab |
297 |
66 |
8 |
371 |
| Sind |
130 |
29 |
9 |
168 |
|
|
| |
|
(2)
|
in clause (2), in paragraph (b), for the word "twenty-one" the
word "eighteen" shall be substituted;
|
| |
|
(3)
|
for clause (3) the following shall be substituted, namely:-
|
(3)
| For the purpose of election to a Provincial Assembly -
|
(a)
|
the constituencies for the general seats shall be single member
territorial constituencies and the members to fill such seats shall be
elected by direct and free vote.
|
|
(b)
|
each Province shall be a single constituency for all seats
reserved for women and non-Muslims allocated to the respective
Provinces under clause (1);
|
|
(c)
|
the members to fill seats reserved for women and non- Muslims
allocated to a Province under clause (1) shall be elected in
accordance with law through proportional representation system of
political parties' lists of candidates on the basis of the total
number of general seats secured by each political party in the
Provincial Assembly:
[Click here for amendment]
Provided that a political party securing less than five per
centum of the total number of seats in the Provincial Assembly
shall not be entitled to any seat reserved for women and
non-Muslims."
Provided that for the purpose of this sub-clause,the total number of
general seats won by a political partyshall include the independent
returned candidate orcandidates who may duly join such political party
withinthree days of the publication in the official Gazette of
the names of the returned candidates.
|
|
; and
|
| |
|
(4)
|
Clauses (4), (5) and (6) shall be omitted. |
|
| 15. |
112. |
|
(1)
|
In clause (2), after paragraph (a), the following
new paragraph shall be added, namely:-
|
"(b)
|
a situation has arisen in which the Government of
the Province cannot be carried on in accordance with
the provisions of the Constitution and an appeal to
the electorate is necessary."
|
|
|
| 16. |
Part IV, Chapter 3 |
After Article 140, the following new Article
shall be inserted, namely :-
| "140A. | Local government.
Each Province shall, by law,
establish a local government system and devolve political,
administrative and financial responsibility and authority to
the elected representatives of the local governments." |
|
| 17. |
Part V, Chapter 3 |
In Part V, in Chapter 3, before Article 153, the following new Article shall be inserted, namely:-
| "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, [Click here for amendment]within the time frame indicated by him regularly ." |
|
|
| 17A
|
179
|
In clause (1), for the words "sixty-five years" the words "sixty-eight years" shall be substituted.
|
| 17B
|
193
|
In clause (2), for the words "forty years" the words "forty-five years" shall be substituted.
|
| 17C
|
195
|
In clause (1), for the words "sixty-two years" thewords "sixty-five years" shall be substituted.
|
| 18. |
199 |
|
(1)
|
In clause (4A) for the words and commas "unless
the
case is finally decided, or the interim order is withdrawn, by the
Court earlier" the comma and words "provided that the matter shall be
finally decided by the High Court within six months from the date on
which the interim order is made" shall be substituted: and
|
| |
|
(2)
|
clause (4B) shall be omitted. |
|
| 19. |
203C. |
In clause (9),-
|
(a)
|
for the word, "salary", occurring twice, the word "remuneration"
shall be substituted: and
|
|
(b)
|
for the full stop at the end a colon shall be substituted and
thereafter the following proviso shall be added, namely:-
"Provided that where a Judge is already drawing a
pension for any other post in the service of Pakistan,
the amount of such pension shall be deducted from the
pension admissible under this clause."
|
|
| 20. |
209. |
In clause (5) -
|
(i)
|
for the words and comma "received from the Council or from any
other source," the words and comma "from any source, the Council or"
shall be substituted: and
|
|
(ii)
|
after the words "Council to", the commas and words" ,or the
Council may, on its own motion," shall be inserted.
|
|
| 21. |
218. |
|
(1)
|
For clause (1) the following shall be
substituted, namely:-
|
"(1)
| For the purpose of election to both Houses of Majlis-e-Shoora
(Parliament), Provincial Assemblies and for election of such other
public offices as may be specified by law or until such law is made by
the Majlis-e-Shoora (Parliament) by Order of the President, a
permanent Election Commission shall be constituted in accordance with
this Article.".
|
|
| |
|
(2)
|
in clause (2), in paragraph (b),-
|
(i)
|
for the word "two" the word "four" shall be substituted;
and
|
|
(ii)
|
after the words "High Court", occurring for the first
time, the words "from each Province" shall be inserted.
|
|
|
| 22. |
224. |
In Article 224,-
|
(a)
|
in clause (1),-
|
(i)
|
for the word "preceding" the word "following" shall be
substituted; and
|
|
(ii)
|
for the full stop at the end a colon shall be substituted
and thereafter the following proviso shall be added, namely:-
"Provided that on dissolution of an Assembly on
completion of its term, the President, in his
discretion, or, as the case may be, the Governor, in
his discretion but with the previous approval of the
President, shall appoint a care-taker Cabinet.";
|
|
|
(b)
|
in clause (4), after the words and comma "Provincial Assembly, a",
the word "general" shall be inserted;
|
|
(c)
|
after clause (5), the following new clauses shall be added,
namely:-
|
"(6)
| When a seat reserved for women or non-Muslims in
the National Assembly or a Provincial Assembly falls
vacant, for death, resignation or disqualification of
a member, it shall be filled by the next person in
order of precedence from the party list of the
candidates submitted to the Election Commission for
the last general election by the political party whose
member has vacated such seat. |
| |
|
(7)
| When a care-taker Cabinet is appointed, on
dissolution of the National Assembly under Article
58 or a Provincial Assembly under Article 112, or
on dissolution of any such Assembly on completion
of its term, the Prime Minister or, as the case
may be, the Chief Minister of the care-taker
Cabinet shall not be eligible to contest the
immediately following election of such Assembly.". |
|
|
| 23. |
243. |
|
(1)
|
In clause (2),-
|
(a)
|
in paragraph (a), after the semi-colon at the end. the
word "and" shall be added;
|
|
(b)
|
in paragraph (b), for the word and semi-colon "and;" a
full stop shall be substituted; and
|
|
(c)
|
clause (c) shall be omitted; and |
|
| |
|
(2)
|
After clause (2), amended as aforesaid, the following new clause
shall be added, namely:-
|
"(3)
| The President shall, in his discretion, appoint-
|
(a)
|
the Chairman, Joint Chiefs of Staff Committee; |
|
(b)
|
the Chief of the Army Staff; |
|
(c)
|
the Chief of the Naval Staff; and |
|
(d)
|
the Chief of the Air Staff, |
and shall also determine their
salaries and allowances." |
|
|
| 24. |
260. |
In clause (1), after the expression "clause", the
following new expression shall be inserted,
namely:-
"consultation" shall, save in respect of appointments of
Judges of the Supreme Court and High Courts, mean discussion
and deliberation which shall not be binding on the
President.".
|
| 25. |
268. |
In clause (2),-
|
(a)
|
after the word "amended", the commas and words ", expressly or
impliedly," shall be inserted; and
|
|
(b)
|
after the word "President", the words "accorded after consultation
with the Prime Minister" shall be added.
|
|
| 26. |
Part XII, Chapter 7 |
After Article 270A. the following new Articles
shall be inserted, namely:-
| "270AA. | Validation of laws.-
|
(1)
| The Proclamation of
Emergency of the fourteenth day of October, 1999, all
President's Orders, Ordinances, Chief Executive's
Orders, including the Provisional Constitution Order
No.1 of 1999, the Oath of Office (Judges) Order, 2000
(No.l of 2000), the Referendum Order, 2002 (Chief
Executive's Order No. 12 of 2002) and all other laws
made between the twelfth day of October, one thousand
nine hundred and ninety-nine and the date on which
this Article comes into force, are hereby affirmed,
adopted and declared notwithstanding any judgment of
any court, to have been validly made by competent
authority and notwithstanding anything contained in
the constitution shall not be called in question in
any court on any ground whatsoever. |
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|
(2)
| All orders made, proceedings taken, appointments
made,including secondments and deputations, and
acts done by any authority, or by any person,
which were made, taken or done, or purported to
have been made, taken or done, between the twelfth
day of October, one thousand nine hundred and
ninety-nine, and the date on which this Article
comes into force (both days inclusive), in
exercise of the powers derived from any
proclamation, President's Orders, Ordinances,
Chief Executive's Orders, enactments,
notifications, rules, orders, bye-laws, or in
execution of or in compliance with any orders made
or sentences passed by any authority in the
exercise or purported exercise of powers as
aforesaid, shall, notwithstanding any judgment of
any court, be deemed to be and always to have been
validly made, taken or done and shall not be
called in question in any court on any ground
whatsoever. |
| |
|
(3)
| All Proclamations, President's Orders, Ordinances,
Chief Executive's Orders, laws, regulations,
enactments, notifications, rules, orders or
bye-laws in force immediately before the date on
which this Article comes into force shall continue
in force until altered, repealed or amended by
competent authority.
Explanation.- In this clause, "competent authority"
means,
|
(a)
|
in respect of President's Orders, Ordinances, Chief Executive's
Orders and enactments, the appropriate Legislature: and
|
|
(b)
|
in respect of notifications, rules, orders and bye-laws, the
authority in which the power to make, alter, repeal or amend the same
vests under the law.
|
|
| |
|
(4)
| No suit, prosecution or other legal proceedings shall lie
in any court against any authority or any person,
for or on account of or in respect of any order
made, proceedings taken or act done whether in the
exercise or purported exercise of the powers
referred to in clause (2) or in execution of or in
compliance with orders made or sentences passed in
exercise or purported exercise of such powers. |
| |
|
(5)
| For the purposes of clauses (1), (2) and (4), all orders
made, proceedings taken, appointments made,
including secondments and deputations, acts done
or purporting to be made, taken or done by any
authority or person shall be deemed to have been
made, taken or done in good faith and for the
purpose intended to be served thereby. |
|
|
| 27. |
270B |
In Article 270B, after the figure and comma "1977,",
the words commas, the figures, brackets and letters
"and the Conduct of General Elections Order, 2002
(Chief Executive's Order No.7 of 2002)," shall be
inserted.
|
| 28. |
Part XII, Chapter 7 |
After Article 270B, amended as aforesaid, the following new Article shall be inserted, namely:-
| "270C. | Oath of office of Judges, etc.-
Notwithstanding anything
contained in the Constitution, all persons appointed as Judges of the
Supreme Court, High Courts and Federal Shariat Court who have taken
oath under the Oath of Office (Judges) Order, 2000
(1 of 2002), or not having been given or taken oath under that Order
have ceased to continue to hold the office of a Judge shall be deemed
to have been appointed or ceased to continue to hold such office, as
the case may be, under the Constitution and such appointment or
cession of office shall have effect accordingly.". |
|
| 29. |
Sixth Schedule |
After entry 24, the following new entries shall be added, namely:-
|
25.
|
The State Bank of Pakistan Act, 1956 (XXXIII of 1956). |
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|
26.
|
The National Accountability Bureau Ordinance, 1999 (XVIII of 1999). |
| |
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27.
|
The Balochistan Local Government Ordinance, 2001 (XVIII of 2001). |
| |
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28.
|
The North-West Frontier Province, Local Government Ordinance, 2001
(XIV of 2001).
|
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29.
|
The Punjab Local Government Ordinance, 2001 (XIII of 2001). |
| |
|
30.
|
The Sindh Local Government Ordinance, 2001 (XXVII of
2001).
|
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31.
|
The Election Commission Order, 2002 (Chief Executive's Order No.l
of 2002).
|
| |
|
32.
|
The Conduct of General Elections Order, 2002 (Chief Executive's
Order No.7 of 2002).
|
| |
|
33.
|
The Political Parties Order, 2002 (Chief Executive's Order No.18
of 2002).
|
| |
|
34.
|
The Qualification to Hold Public Offices Order, 2002 (Chief
Executive's Order No. 19 of 2002).
|
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35.
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The Police Order, 2002 (Chief Executive's Order No.22 of 2002).". |
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