Whereas it is expedient further to
amend the Constitution of the Islamic Republic of Pakistan for the purposes
hereinafter appearing;
| 1. |
Short title and commencement
| (1) |
This act may be called
the Constitution (Fifth Amendment) Act, 1976. |
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| (2) |
It shall come into force
at once, except section 8 and section 13, which shall
come into force on the first day of December 1976. |
|
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| 2. |
Amendment of Article 101 of
the Constitution.
In the Constitution of the Islamic Republic of Pakistan hereinafter
referred to as the Constitution, in Article 101, in clause (2),
for the full-stop at the end a colon shall be substituted and
thereafter the following proviso and new clause shall be added,
namely:-
Provided that,
after the holding of the first general election to the National
Assembly, a person shall not be appointed to be the Governor
of the Province of which he is a permanent resident.
| (2-A) |
Nothing contained
in the proviso to clause (2) shall apply during the
period that an Order under paragraph (c) of clause
(2) of Article 232 or a Proclamation under Article
234 is in force." |
|
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| 3. |
Amendment of Article 160 of
the Constitution.
In the Constitution, in Article 160, in clause (3), for paragraph
(ii) the following shall be substituted namely :-
| "(ii) |
taxes on the sales
and purchases of goods imported, exported, produced,
manufactured or consumed.;" |
|
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| 4. |
Amendment of Article 175 of
the Constitution.
In the Constitution, in Article 175 in clause (3), for the word "three" the word "five" shall be substituted. |
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| 5. |
Amendment of Article 179 of
the Constitution.
In the Constitution, Article 179 shall be re-numbered as clause
(1) of that Article and, after clause (1) re-numbered as aforesaid,
the following new clauses shall be added, namely :-
| "(2) |
The Chief Justice
of the Supreme Court, whether appointed before or
after the commencement of the Constitution (Fifth
Amendment) Act, 1976, shall, unless he sooner attains
the age of sixty-five years, hold office for a term
of five years and shall thereafter have the option
either :-
| (a) |
to retire
from his office and receive the pension to
which he would have been entitled if he had
retired from office on attaining the age of
sixty-five years; or |
| (b) |
to assume
the office of the most senior of the other
Judges of the Supreme Court and to continue
to receive the same salary which he was receiving
while holding the office of Chief Justice. |
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| (3) |
When a Judge assumes
the office of the most senior of the other Judges
of the Supreme Court under clause (2), the Judge who
was until then the most senior of the other Judges
shall rank next after him in order of seniority. |
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| (4) |
A person who has once
held office as Chief Justice of the Supreme Court,
otherwise than under Article 180, shall not again
be appointed to that office. |
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| (5) |
The provisions of
clauses (2), (3) and (4) shall have effect notwithstanding
anything contained in Article 275. |
|
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| 6. |
Amendment of Article 180 of
the Constitution.
In the Constitution, in Article 180, for the words "the most senior of the
other Judges of the Supreme Court" the
words "one
of the Judges of the Supreme Court who have not previously held
the office of Chief Justice of Pakistan otherwise than under this
Article" shall
be substituted. |
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| 7. |
Amendment of Article 187 of
the Constitution.
In the Constitution, in Article 187, in clause (1), for the word "The" the words, brackets,
figures and comma "Subject to clause (2)
of Article 175, the" shall
be substituted. |
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| 8. |
Amendment of Article 192 of
the Constitution.
In the Constitution, in Article 192, for clauses (2), (3) and (4)
the following shall be substituted, namely :-
| "(2) |
The Sind and Baluchistan
High Court shall cease to function as a common High
Court for the Provinces of Baluchistan and Sind. |
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| (3) |
The President shall
, by Order, establish a High Court for each of the
Provinces of Baluchistan and Sind and may make such
provision in the order of the principal seats of the
two High Courts, transfer of the Judges of the common
High Court, transfer of cases pending in the common
High Court immediately before the establishment of
the two High Courts and, generally, for matters consequential
or ancillary to the common High Court ceasing to function
and the establishment of the two High Courts as he
may deem fit." |
|
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| 9. |
Amendment of Article 195 of
the Constitution.
In the Constitution, Article 195 shall be re-numbered as clause
(1) of that Article and, after clause (1), re-numbered as aforesaid,
the following new clauses shall be added, namely :-
| "(2) |
The Chief Justice
of a High Court, whether appointed before or after
the commencement of the Constitution (Fifth Amendment)
Act, 1976, shall, unless he sooner attains the age
of sixty-two years, hold office for a term of four
years and shall thereafter have the option either:-
| (a) |
to retire
from his office and receive the pension to
which he would have been entitled if he had
retired from office on attaining the age of
sixty-two years; or |
| (b) |
assume the
office of the most senior of the other Judges
of the High Court and to continue to receive
the same salary which he was receiving while
holding the office of Chief Justice. |
|
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| (3) |
When a Judge assumes
the office of the most senior of the other Judges
of a High Court under clause (2), the Judge who was
until then the most senior of the other Judges shall
rank next after him in order of seniority. |
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| (4) |
A person who has once
held office as Chief Justice of a High Court, otherwise
than under Article 196, shell not again be appointed
to be the Chief Justice of that High Court. |
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| (5) |
The provisions of
clause (2), (3) and (4) shall have effect notwithstanding
anything contained in Article 275." |
|
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| 10. |
Amendment of Article 196 of
the Constitution.
In the Constitution, in Article 196, for the words "the most senior of the
other Judges of the High Court" the
words "one
of the Judges of the High Court who have not previously held the
office of Chief Justice of the High Court otherwise than under
this Article" shall
be substituted. |
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| 11. |
Amendment of Article 199 of
the Constitution.
In the Constitution, in Article 199, for clause (3-A) the following
shall be substituted, namely :-
| "(3-A) |
A High Court shall
not make under this Article -
| (a) |
an order prohibiting
the making, or suspending the operation, of
an order for the detention of any person under
any law providing for preventive detention; |
| (b) |
an order for
the release on bail of any person detained
under any law providing for preventive detention; |
| (c) |
an order for
the release on bail, or an order suspending
the operation of an order for the custody,
of any person against whom a report or complaint
has been made before any Court or tribunal,
or against whom a case has been registered
at any police station, in respect of an offence,
or who has been convicted by any Court or
tribunal; |
| (d) |
an order prohibiting
the registration of a case at a police station,
or the making of a report or complaint before
any Court or tribunal, in respect of an offence;
or |
| (e) |
any other
interim order in respect of any person referred
any of the preceding paragraphs. |
|
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| (3-B) |
Every such order as
is referred to in clause (3-A), made at any time after
the commencement of the Constitution (Fourth Amendment)
Act, 1975, shall cease to have effect and all applications
for the making of any such order that may be pending
before any High Court shall abate. |
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| (3-C) |
The provisions of
clauses (3-A) and (3-B) shall also apply to the disposal
of an application in a petition for leave to appeal,
or in an appeal, from an order such as is referred
to in the said clause (3-A) that may be pending before
the Supreme Court immediately before the commencement
of the Constitution (Fifth Amendment) Act, 1976." |
|
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| 12. |
Amendment of Article 200 of
the Constitution.
In the Constitution, in Article 200, in clause (1), for the full-stop
at the end a colon shall be substituted and thereafter the following
proviso shall be added, namely :-
Provided that
such consent, or consultation with the Chief Justice of the
High Courts, shall not be necessary if such transfer is for
a period not exceeding one year at a time.
Explanation. In this Article, "Judge" does not include
a " Chief Justice".
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| 13. |
Amendment of Article 204 of
the Constitution.
In the Constitution, in Article 204, for clauses (2) and (3) the
following shall be substituted, namely :-
| "(2) |
A Court shall have
the power to punish a person for contempt of Court
in accordance with law". |
|
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| 14. |
Amendment of Article 206 of
the Constitution.
In the Constitution, Article 206 shall be re-numbered as clause
(1) of that Article and, after clause (1), re-numbered as aforesaid,
the following new clause shall be added, namely:-
| "(2) |
A Judge of a High
Court who does not accept appointment as a Judge of
the Supreme Court shall be deemed to have retired
from his office and, on such retirement, shall be
entitled to receive a pension calculated on the basis
of the length of his service as Judge and total service
if any, in the service of Pakistan." |
|
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| 15. |
Amendment of Article 212 of
the Constitution.
In the Constitution, in Article 212, in clause (2) after the word
"Tribunal" occurring for the third time, the commas
and words "other than an appeal
pending before the Supreme Court," shall
be inserted and shall be deemed always to have been so inserted. |
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| 16. |
Amendment of Article 260 of
the Constitution.
In the Constitution, in Article 260, in the definition of "Service
of Pakistan", after the word and comma "Attorney-General",
the word and comma "Advocate-General," shall be inserted. |
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| 17. |
Amendment of Article 280 of
the Constitution.
In the Constitution, in Article 280, after the word "made"
at the end, the words and figures "and shall not be called
in question in any Court on the ground of inconsistency with any
of the rights conferred by Chapter I of Part II" shall be added and
shall be deemed always to have been so added. |
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| 18. |
Amendment of the First Schedule
to the Constitution.
In the Constitution, in the First Schedule, in Part I, --
| (a) |
under the sub-heading
"II REGULATIONS", after entry 6, the following
new entry shall be added, namely :-
| "7. |
The Settlement
of Disputes of Immovable Property (Chitral)(Amendment)
Regulation, 1976 (XII of 1976)." |
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| (b) |
under the sub-heading
"III FEDERAL ACTS", after entry 2, the following
new entries shall be added, namely :-
| "3. |
The Flour
Milling Control and Development Act, 1976
(LVII of 1976). |
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| 4. |
The Rice Milling
Control and Development Act, (LVIII of 1976). |
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| 5. |
The Cotton
Ginning Control and Development Act, 1976
(LIX of 1976)." |
and |
| (c) |
after the sub-heading
"V PROVINCIAL ACT" and the entries relating
thereto, the following new sub-heading and entry shall
be added, namely :-
"VI. PROVINCIAL
ORDINANCE
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The Land Reforms
(Pat Feeder Canal) (Amendment) Ordinance,
1976." |
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| 19. |
Amendment of the Fourth Schedule
to the Constitution.
In the Constitution, in the Fourth Schedule,-
| (a) |
in the Federal Legislative
List,-
| (i) |
in Part I, for
entry 49 the following shall be substituted, namely:-
| "49. |
Taxes
on the sales and purchases of goods
imported, exported, produced, manufactured
or consumed." |
;and |
| (ii) |
in Part II, in
entry 3, for the words "West
Pakistan Water and Power Development Authority
and the West Pakistan Industrial Development Corporation" the
words "Pakistan
Water and Power Development Authority and the
Pakistan Industrial Development Corporation" shall
be substituted; and |
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| (b) |
in the Concurrent Legislative
List, for entry 41, the following shall be substituted,
namely :-
| "41. |
Production,
censorship and exhibition of cinematograph
films." |
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