S • IOJJ ftEGm'l'ERED Ne. L _1646

:.)

Gl:be CJa~tUeliJjor fa~ ~~

EXTRAORDINARY PIJB!.!SHED BY AUTI-IOA!i'l

-- - -~= ISLAMABAD, 1\<lONDA Y, NOVEl\'ffiER J l, 1985

D •.i -

PART I

Ads, Ordimm(es, President's Orders attd Regulations includiog Martial Law Orders :md Regulations

S£NATE SECRETARIAT

Islamabad, the l i th November, 198:5

The following Acts of Majlis-e-Shoorn (Parliament) received the assent of the President on the 9th November, 1985, and are hereby published for g~nernl .information :-

:5.8 ~O·l THE GAZETTE OF PAKISTAN. EXTRA .• NOV. 11, 1985 (PMT f"

Acr No. xvm oF .1985

An Art /tmhtr (() ammd the Constilmlon of tht! Islamic R epublic of Pttklstalt

WHEREAS it is expedient furt.her to amend the Constitution of tbe 161amic Republic of Pakistan for the purposes hereinafter a:pp-..aring ;

It is hereby enacted as fo)lows : -

V I. Short title a!ld cowmcucement.- (1) This Act may be called the Constilu· tion (Eighth Amendment} Act, 1985.

(2) It shall come into force at once, except section 19 which shall come into force on the day ou which the Procla mation of the fifth day of July, 1977, is revoked.

2. A~<!:ldm¢Ht of Axlid c 46 ot ll•c C.n1.~tifot:ion.-lo the Constitution of the Islamic Rcp••blic of Pakistan, hereinafter referred :to as the Constitution, in Article 48,-

{a) in clause {1),-(i) for the comn1as and words ",the Prime Minister, or appropriate

Minister " the words " or tbe Prime Minister" shall be substi­tuted; and

(H) for the proviso tlic following shall he substituted, namely :

"Provided that the President may require the Cabinet or, as the case may be, the l'rimc Minister to ~consider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered e<ftcr such reconsideration. " ;

(b) in clause {2}, after the words "do so", .at the end, the words "and the validity of anything done by the President in his discretion shall not be called in question on any sround vvhatsoevcr" shall be added :

(c) clause (3) shall be omitted : and

{d) in clause (5}, in paragraph {a), for the words "one hundred " th1: word "ninety" shall be substituted.

3. Anw!dmeut of Artkle 51 of fbe Coustitnli<ln~Tn the CoastitUiiOn. in Article 51, in cll\use {4), for the word " second " tlle word " third " shall be substituted.

4. Amendmeut 1>f Article 56 ol !be Constifution.-In the Constitution, in Article 5$, for clause {3) the foJiowing shall be substitute<~. namely:-

" {3) AI tbe commencement of tbe first session after each general eleclion to the National Asscmbl)' and at tbe commencement of the first session of each yen•· th~ P•·esldent shall addl'ess both Houses assembled to~ctber ;md inform the Mnjlis-e-Shoora (Parliament) of the c.1 uses of its ,s~tmmons - ...

5./AJJ:en.dmeu! of llrlide 58 ot tl!c Conslitutioll.- lo the Constitution, in Article Ss.-\

(~) r.l clause {l), in the Explanation , for the words ''resolution for a vote of no-confidence bas b-..cn moved" tlile words " notice of a reso· lution for a VcY.e of no-confidence has been given " shnll be substi· tuted; and

~ ~ Pi·~r- f] THE GAZE'li'E OF PAKISTAN, EXTRA, NOV. 11, i9SS 40S

(b) for clause (2) the following shall be substituted. namely :-

J (2) Notwithstanding anything contained in clause (2) or Article 48, tlle President may also dissolve the Nation.al Assembly in his discretion where, in his opinion,-

(n) a vote of no-confidence having been passed u~Qinsl' the Prime Minister, no other member of the National Assembly is likely to commaod tho confidence of the majority of the members of the National Assembly in accordance with the provisions of the Constitution. as ascertained in a session oi the National Assembly s ummoned for the purpose ; or

- (b) a situation ha.s 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. '/

6. Amendment ut Article 59 of the Conslitution.~Tn the Constitmion. in Article 59-

{a) in clause (I), in paragraph (c). for the word "chosen" the word " elected " shall oo substituted :

(b) in clause (3).

(i) for paragraphs {a), lb) and (c) the following shall be substituted, namely : -

" (a) of the memb<:rs referred lo in paragt·apt: (a) of ciJusc (!), seven shall retire after the expiration of the first three years nnd s~veu shall reticc after the expiration of tho next three ycar8;

Z1>) of the members refcrro:d to in parav·aph (b) of the afore­said clause, four shaU retire after the expiration of the first thre~ y~ars and four sh~ll retire after l!he expiralion or the next three years ;

(c) of the m«nbers referred to in paragrapih (c) of the aforesaid clause, one shall retire after the expiration of the first three years and two shall retire after the expiration of the ncx! three years ; and

(d) of the members refcrr~d to in paragraph (d) of the afore· snid clause, two sl1all •·etire after the expiration of the firs t th<cc years and three sha 1J retire after the ~xpinttion of the next three yeat:S ; .. ; and

(ii) in the proviso, the words "or chosen" shall be omitted ; Mel

(c) clau&e (4) shall be omitted .

7.-·Ainentlm~ut of Article 60 of the Constiiutloa.-In the Coostilution. iu 1\rticl.e 60. in clnusc (21 for the word ·• two " the word " three " shall be' substituted.

8. Ameodntent of Article 75 <>f the Coustiturion.-ln the Constitution, in Article 75.-

.. (ll) in ,C.Iau.;c ( 1), for the . .word "forly.five" the \0/<)rd -"thirty I ' snAil be • · s ubstituted ; and '"" • · '

L(D 406 THE GAZETTE 0~ l'Al{ISTAN, EXTRA., NOV. ll, 1985 [PA!tt ~

(b) for clause (2) the Mlowirtg shall be substitute<;!, namely :-

" (2) When the Pr~ident has returli.ed a Bill to the Majlis-c­Shoora (Parliament), it shall be reconsid!!red by Lhe Majlis·e-Shoora (Parliament) in joit)t sitting and, i.f it is ap,ain passed, with or with· out amendment, by the Majlis-e-Shoora (Parliament), by the. vptes of the majority of the members of both .t0£ouses present and voting, it shall be deemed foe ·the purposes of the' Consti.tution to have been passed by both Houses and shall be pre:sented to the President and the President shall not withhold assent therefrom. ".

9. Amendment of Article 90 of tile Constitution.- Jn tlte Constitution, Article 90 shall be renumbered as clause (I) of that ,Article <md, after clause (1). renumbered as aforesaid, the following new clause :s.hall be added, namely :-

" (2) Nothing contain~d in clause (I) shall-

(a) \>e deemed to transkt· to the P~esidettt any functions conferred by any existi ng Jaw <>n the Government of any Provin~ 0r otl).et· authority ; or

(b) .vrevent the Mttjlis-e-Sboora (Parliame:nt) from conferring by law functions 011 authorities other thnn t he President.''.

tofAmendmcnt of Article 91 of lltll CMstitution~ln tlte Constitution, in Article'fl'.-

(a) after clause (2). the following uew clause shall be iuserted, namely : -" (2A) Notwithstanding anything contained iu clause (2), after

the twentieth day of March, OM thousand nine hundred and ninety, the President shall invite lbe •nember of the National Assembly to be t,hc Prime Minister who commands the confidence of the tnajority o~ fbe members of !he National AsseOJb!y, as ascertained in a session of the Allsembly summoned for the purpose in accordauce with lbe \

·provisions of the ConstituticllL ".)

(b) in ~lause (3), after the brackets and figure '' (2) ", the words, commas, brackets, figure and letter " ot·, as the c;ase may be, invited under clause (2A) " shn!l be inserted ; and

{JJJ for clause (S) tbc following shall be sub:>tituted, namely : -

" {5) The Prime. Minister sb.aH hold office during the pleasure of the President, but the .President sball not exercise his powers under tltis clause unless he is .;atisfied !bat tlte Prime Minister does not com­mand the confidence of the majority of the members of the· National Assembly. in which case he shall summon the National Assembly and require the ~imc Minister to obtain a vote of confidence from the Assembly. " )

ll. Amendment of A-rticle 101 of the C(lnslilnlion.- ln the Constitution. in Article 101,-

{a) in clause ( l), fot' the words "in his discretion" the words " after consultation With th'c Prime Minister" shall be substituted ;

(aa) in clause (2), t he proviso shall .be omitted; (b) clause (2A) snul\ be omilted ; and (e) in clause (5), after the WQt'd "Governor " , at the end, lhe words

'' in any contingency not. liirovided for in t:his Part " shall be added.

Lr_( / -:. PARr 1]. THE GAZETTE OF PAKISTAN, EXTRA., NOV. 11, 1985 40'1

--~-·-· ·

12. Amendment of Al"ticle lOS of the Consatution.-ln the Constitution, in i\rticJ.c 105,.- ·

(a) in clause (1),-

(i) for· ·the comuia and words ",Chief Miu,ister or . appropriate Miu.istet· ,. the words " or the Cbi~f Minister ·· shall be substituted ;

(ii) for the·.first prov.iso, the following shall be s•ul>Stituted, n!1mely :-

" Provided that the Governor may require the Cabinet or, as the case may be, the Chief Minister to rc:conside~. such advice, whether geMrally or otherwise, and the Governor shall act in acco-:danec with the advice tendered aftc< sttc.h reconsideration."; .and

· (jii) the second proviso shall be omiu~d ;

.lb) -in clause (2),.for- the comma ·and words ",the Cabinet or a Minister " .. the. wor.ds." or. the. Cabinet". shall be substituted ; and

(c) ·in clau~c .(5}, fot the brackets and figure "(3)" the brackets and figure "(2)" shall be sut;isti.tuted. ·

13. AineudmeuH>f l\r'l.cic 106 of tbe Constlfution.-ln the Constitution, in Artkle .106, in clause (4), for the word "second " the word "third ~· silall be substituted.

14. Amendment of Al.1icle 112 of 'the Conslltution.-Jn the Constitution, Article 1 12 shall be renumbered as clause ('!) of that Article autl,'-

(a) in clause (1), renumbered as aforesaid. in th~: Explanation, for the words " resolulion far a vote of no-confidence has ·been moved " the word "notice of a resolution for a vote of oo.·conftdeoce has been given " shall · be substituted ; and

{b) after clause (1), renumbered and amended as aforesaid, the following new clause shall be added, ·namely :-

" (2) The Governor may also dissolve,.the l?rovincial Assembly in his discretion, but subject to the previous apP.rOv!ll of the Preside!lt, . where, in his opinion,- ·

(a) a. vote of no-confidence having been passed against .the Chief Minister, no other member of the provincfar Assembly is Jjkely to command the confidenc;e -of the majodty of the members <if tnc Provincial Assembly iin accQrdance • With 'the provisions of the Constitution, as , aS<::erta.ined in a session of the Provincial Assembly summoned for the putpQ~;e ; or

(b) a situation has arisen in which th(: Govenunent of the Province cannot be. can:icd on in .ae<;lOrdance -with the pro--visions of the .Constitution and an. app•eal · tp ihe el~cl$r!lte is nec~ssary. u~ • -

_15. Antendment .of Article 116 of the Constitution.- to the Colist-it)J1i()n, in Article 1'16.- · -~:·

(a) in clause (2), tor the word "forty·.five" the word " thirty-' ' .shall be substituled ; aild : ·:

-----~---

l.f'd 408 THE GAZETIE OF PAKISTAN, EXTRA .• NOV. II. 1985 [PART I ~

(b) for clause (3) ihe following shall be substituted, namely :·-" (3) When the Governor has retumed. a Bill to the Provincial

Assembly. it sb.nll be teconsidered by tlt~ P;rovincial Assembly !llld, if il is again pa~sed, with or without amendment, by the Provuicial Assembly, by the vote-~ of the majority of the mcmb~rs of the Pro· vincial Assembly p~-ese•tl and voting, it shall be again presented to the Gowroor and t11c GoV" ... o\Or sb~ll oot withhold assent therefrom.".

16. Amertdmci.\t u( Arlid~ 13ti of lito Con"iM!on. - In the Constitution, in ·\ 1\lcle 130,-

(~) aftct d auc; (2\, c:1c foHowinl.\ new clause sball be illSOrted, namely:-•· (2A) Notwithsi~nding anylhiog cont:~ined in clause (2), after

the lwcnt :~lh dny of March, one thous:iud nine hundred and eighty· ciglJt, the Oov•rnor shall invite the member o{ the Provincial Assembly to be the Chie1 Minister who c:ommand.~ the confidence of the majority of the ntembers of tbe Provincial Assembly, as ascertained 'u ;~ se.,;ioa ~,f !he Ass~mbly summoned for the purpose in ac~ordance with the provisioJ;s of the Constitution :

l'rovided that nothing contMned in thi.s clause sball apply to a Chief Minislct· holding otlke on the hventieth day of March, one thousaJ\d nine hundred and eighty-eight, in accordance with the pro· visioM of the Constitution. " ;

(b) in clause (3), after tile brackets and figure " (2) ", the words, commas, brackets, figure and letter "or, a s tlte case may be, invited under clause (2A) " shall be inserted ; and

(c) tor dause (S) the following 6hal1 b~ substi:tutcd, namely :-" (5) The Chief Minister shall hold office dudug tbe pleasure c.{ the

Govemor. but the Governor shall 1101 cxct·cise hi:s powers under this clause unless he is satisfied that the Chief Minister doe:s not command the confi· dence of the majority of the members of the Provincial Assembly, in whicb case he shall summon the Provincial Assembly and require the Chief Minister to obta in a vote of confidence from the Assembly. ".

17. Amendment of Article 144 of the Constitulion~In tbe Constitution. in Article 144, clause (2) shall be omitted.

18. Omission of Article .152A of tile Constitutl.on.-ln lhe Cous!itulion. Article 152A shall be omitted.

~9. Substitution of Article 270A of the Constitutiou~Jn the Constitution, for Alicie 270A the following shall iJe ,;ubstituted, namely:-

" 270A. Affirmation of Presidelll'$ Orders. cue.-( I) The ProclamatiOil of the fifth day of July, 1977, all President's Orders, Ordinances, Martial Law :R_egulations, Martial Law Orders, including the Referendum Order, 1984 (P.O. No. I I of 1984), l.llldur which . in consequence of the Tesult of t.he refereudurn held on the 'nineteenth day of December, 1984, General Mohammad Zia-ui-Haq became the President of Pakistan on the day of the first wet ting of the Majl is·C·Sboora (Parliament) in joint sitting fo; the tenn specified jn clause (7) of Article 41, the Revival of tbe Con. stitution of 1973 Order, 1985 (}'. 0 . No. 14 of 1985). the Constitution (Second Amendment) Orde<, 1985 (P. 0. No. 20 of 1985), the Constitution (Third Amcndrncut) Order, 1985 (P. 0. No. 24 of 1985), and ell other laws made between the fifth day of July, 1977, and the date on wbich

•

PART l] THE GAZETTE OF PAKISTAN, EXTRA .• NOV. 11, 1935 409

this Article comes into foJ:Ce are hereby affirmed, adopted and declared, notwithstanding any judgemeot of any court, ro have been validly made by compotent authority and , notwl•hstanding all)tlhlng conta iJ1Cd in the ConstitutiOlly shall oot be called in question in an1y court on nny ground whntsoevev

l'rovide<l that a President's Order, Martial Law Regulation or Martial Law Order made after the thirtieth day of Septe mber, 1985, shall be confined only to making &UCb provi~ions as facilitate, Ot: an: incidemnl to, the revocation of the Proclamation of the fifth day o( J uly, 1977.

(2) All orders made, procecdinss taken and ~cls done by any authority 0 1' by any person, which were made, taken or done, or purpOrtoo to have been made. taken or done, between the fifth day of July, 1971, an(! tbe date on which this Article comes into force, in exercise of the powers derived from any Proclamatiou, Premdcnt's Orders, Ordinances. Martial Law Regulations, Martial Law Orders, cnactme:nts, notificatiOJt~. rule-s, ordel'S or byc-lav:s, or in execution of 01· in com;pliance with any lltder made or sentence passed by any authority iu th~l exercise or purported exerdso (lf powers a< aforesaid, shall. notwithstan.ding any judgement of any COull, be deemed to be and always to have be,."'l validly made, taken or done and shall net be calk:!! in question in any court on aoy ground whatsoever.

(3) All Pre$idcnt's Orders, Ordinances, Martial Law Regulations, Martial Law Orders, cnactmmts, notifications, mles, orders or bye-laws in force immediately before the date on v:hlch this Article comes into force shall continue in force tmtil altere(!, rcpeak,:l or amended by com­petclll authority.

Exp/anatimr.-Tn this clause, "competent a uthoritJr" mea .ns,-(a) ln respect of President's Orders, Ordinances. Martial Law Regu­

lations, Martial Law Ordens aod enactments, the appropriate lftgislatur~ ; and

(b) in respect of notifications, rules, orders and bye-laws, the autho­rity in which the power to rnA kc, alter, repeal or amend the same vests under the law.

(4) No suit, prosecution <>r other legal proceedings shall lie in any court ngainst any authority or any person, (or o r on account o( ot in respect of any order made, pi'Oceedings taken or a.ct done whethe•· in the exercise or purported exercise of the powers referred to in clause (2) or in exwution of ot· in compliance with :>rdcrs made or sentences passed in e xercise Ot' purported exercise of such powers.

(5) For the purposes of c!au>:es (l ), (2) and (4), all orderJ made_ proceedings taken, acts done or purpOrting to be 11'1adc, taken or done by any authority ..r perscn shall b~ deemed to have been made. mken or <lone in good faith and for the purpose intended t o b~ served thereby.

(6) Such of !he President's Orders Md O!·dinances referred to in ' lause (l) as ar¢ specified in the Seventh Schedule may be amended in the manner provided for amendment of the Constitution, and all other laws referred to in the said clause may be amended by the apJ!•roptiate Legistlatme in the manner provided for amendment of such laws.

Explanfl/ion.- fu . this Article, "President's Orders •· inclurles " President and Chief Martial Law Administrator's Orders " and " Chief Martial Law Administrator's Orders " . ".

4~ 410 THE GAZETTE OF PAKISTAN, EXTRA., NOV. II. 1985 [PARr l.a

- s - ~-~~~~·~~~·~~~--.-~~--

20. Addition of new Scbedule to lhe Consfituiion.-In the Constitution. a!ler the Sixlb Schedule. lhe following oew Schedule shall be added. namely:-

" SEVENTH SCHEDULE

[Article 270A (6).]

Laws to be amended in the mun11cr provided ftx amendment of th~ Consti · tution.

PRESIOENT'S ORDERS

(I) The Zulfiqar Ali Buhll.o Trust and Peoples- Foundation Trust (Re· naming and Administration) Order, 1978 (P. 0. No. 4 of 1978).

(2) The Cantonments (Orban Jt\lmovablc P roperty Tax nn<l Entertain­ments Duty) Ordet·, 1979 (1'. 0 . No. 13 c! l979).

(3) The Pakistan Defenoe Officers Housing Authority Order. 1980 (P. 0 . No. 7 of 1980).

(4) The Foreign Currency Loans (Rate of Exchange) Order, 1982 (P. 0 . No. 3 of 1982). ·

(5) The Establ ishmeut nf the office of Wafaqi Mohtasib (Ombudsman) Order, 1983 (P. 0. No. J of 1983).

(6) The Aga K han University Ot·der, 1983 (P. 0 . No. 3 of 1983).

(7) The National College o( Textile Engineer ing (Governing Body and Cess) Order, 1983 (P. 0 . No. 11 of 1983).

(8) 'l'he Labore University of Management Sciences Order, 1985 (P. 0. ·No. 25 of 1985).

ORDINANCES

(1) The Ioteroational Islamic University Ordinance, 1985 (XXX c ( 1985) ".

M.A. H AQ. Secre/ary.

--·----('ORRlGf:lVDA

[to t)1e Cazeue of f>aki.rum, 1985, Extraordiurr,ry, Part I, elated 5th May, 1985, containing Ordinance No. XXX!f of 1985.]

Page

" .. " "

346 : In line 13 from the bor(nm, (<'1'" puroha:~e of hares" rmd" put•chcsc of shares " . ·

348 : Tn line 20 . .for " tO inclt•ded .. read" 1•0 be inc.luded ·•. 349 ; Jn line 7 from the bollom,fbr " to b<. J.·e" read" to be I he " . 352: fn line 21 , for" wholly, Ot'" reed" wholly or". 353 : In line 8 from the bottom. for " (Act XIV of 1%0) " m >d" (A~t

XLV of 1860)".

PKIN"'ED BY 'THE MANAGER, Pl\lh'TING <.'ORPORATION OP P.u:JSTAN PRB5S .• li'L'-I>VDAP PUBLISBEO BY niB ~L\NAO<:R Ol' PUBLICATIONS. LUACHI