145
| Power of President to direct Governor to discharge certain functions as his Agent.
(1)
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The President may direct the Governor of any
Province to discharge as his Agent, either generally or in any
particular matter, such functions relating to such areas in the
Federation which are not included in any Province as may be
specified in the direction.
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(2)
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The provisions of Article 105 shall not apply to the
discharge by the Governor of his functions under clause (1).
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146
| Power of Federation to confer powers, etc., on Provinces, in certain cases.
(1)
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Notwithstanding anything contained in the
Constitution, the Federal Government may, with the consent of
the Government of a Province, entrust either conditionally or
unconditionally to that Government, or to its officers,
functions in relation to any matter to which the executive
authority of the Federation extends.
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(2)
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An Act of 350[Majlis-e-Shoora (Parliament)] 350 may, notwithstanding that it relates to a matter
with respect to which a Provincial Assembly has no power to make
laws, confer powers and impose duties upon a province or
officers and authorities thereof.
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(3)
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Where by virtue of this Article powers and duties have
been conferred or imposed upon a Province or officers or authorities
thereof, there shall be paid by the Federation to the Province such
sum as may be agreed or, in default of agreement, as may be
determined by an arbitrator appointed by the Chief Justice of
Pakistan, in respect of any extra costs of administration incurred
by the Province in connection with the exercise of those powers or
the discharge of those duties.
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147
| Power of the Provinces to entrust functions to the Federation. Notwithstanding anything contained in the Constitution,
the Government of a Province may, with the consent of the Federal
Government, entrust, either conditionally or unconditionally, to the
Federal Government, or to its officers, functions in relation to any
matter to which the executive authority of the Province extends 351[:] 351
352[Provided that the Provincial Government shall get the functions so entrusted ratified by the Provincial Assembly within sixty days.
] 352
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148
| Obligation of Provinces and Federation.
(1)
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The executive authority of every Province shall be
so exercised as to secure compliance with Federal laws which
apply in that Province.
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(2)
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Without prejudice to any other provision of this
Chapter, in the exercise of the executive authority of the
Federation in any Province regard shall be had to the interests
of that Province.
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(3)
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It shall be the duty of the Federation to protect every
Province against external aggression and internal disturbances and
to ensure that the Government of every Province is carried on in
accordance with the provisions of the Constitution.
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149
| Directions to Provinces in certain cases.
(1)
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The executive authority of every Province shall be
so exercised as not to impede or prejudice the exercise of the
executive authority of the Federation, and the executive
authority of the Federation shall extend to the giving of such
directions to a Province as may appear to the Federal
Government to be necessary for that purpose.
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353[] 353
(3)
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The executive authority of the Federation shall
also extend to the giving of directions to a Province as to the
construction and maintenance of means of communication declared
in the direction to be of national or strategic importance.
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(4)
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The executive authority of the Federation shall also
extend to the giving of directions to a Province as to the manner in
which the executive authority thereof is to be exercised for the
purpose of preventing any grave menace to the peace or tranquility
or economic life of Pakistan or any part thereof.
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150
| Full faith and credit for public acts, etc. Full faith and credit shall be given throughout Pakistan
to public acts and records, and judicial proceedings of every
Province. |
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151
| Inter-Provincial trade
(1)
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Subject to clause (2), trade, commerce and
intercourse throughout Pakistan shall be free.
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(2)
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354[Majlis-e-Shoora (Parliament)] 354 may by law impose such restrictions on the freedom
of trade, commerce or intercourse between one Province and
another or within any part of Pakistan as may be required in the
public interest.
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(3)
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A Provincial Assembly or a Provincial Government
shall not have power to-
(a)
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make any law, or take any executive action,
prohibiting or restricting the entry into, or the export
from, the Province of goods of any class or description, or
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(b)
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impose a tax which, as between goods
manufactured or produced in the Province and similar goods
not so manufactured or produced, discriminates in favour of
the former goods or which, in the case of goods manufactured
or produced outside the Province discriminates between goods
manufactured or produced in any area in Pakistan and similar
goods manufactured or produced in any other area in Pakistan.
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(4)
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An Act of a Provincial Assembly which imposes any
reasonable restriction in the interest of public health, public
order or morality, or for the purpose of protecting animals or
plants from disease or preventing or alleviating any serious
shortage in the Province of an essential commodity shall not, if it
was made with the consent of the President, be invalid.
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152
| Acquisition of land for Federal purposes. The Federation may, if it deems necessary to acquire any
land situate in a Province for any purpose connected with a matter
with respect to which 355[Majlis-e-Shoora (Parliament)] 355 has power to make laws, require the Province to acquire
the land on behalf, and at the expense, of the Federation or, if
the land belongs to the Province, to transfer it to the Federation
on such terms as may be agreed or, in default of agreement, as may
be determined by an arbitrator appointed by the Chief Justice of
Pakistan. |
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