| 145 |
Power of President to direct
Governor to discharge certain functions as his Agent.
| (1) |
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. |
| |
| (2) |
The provisions of Article
105 shall not apply to the discharge by the Governor of
his functions under clause (1). |
| |
|
| |
| 146 |
Power of Federation to confer
powers, etc., on Provinces, in certain cases.
| (1) |
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. |
| |
| (2) |
An Act of 325[Majlis-e-Shoora (Parliament)] 325 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. |
| |
| (3) |
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. |
| |
|
| |
| 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 326[:] 326
327[Provided that the Provincial
Government shall get the functions so entrusted ratified by the
Provincial Assembly within sixty days. ] 327
|
| |
| 148 |
Obligation of Provinces and
Federation.
| (1) |
The executive authority
of every Province shall be so exercised as to secure compliance
with Federal laws which apply in that Province. |
| |
| (2) |
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. |
| |
| (3) |
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. |
| |
|
| |
| 149 |
Directions to Provinces in
certain cases.
| (1) |
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. |
| |
328[] 328
| (3) |
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. |
| |
| (4) |
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. |
| |
|
| |
| 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. |
| |
| 151 |
Inter-Provincial trade
| (1) |
Subject to clause (2),
trade, commerce and intercourse throughout Pakistan shall
be free. |
| |
| (2) |
329[Majlis-e-Shoora (Parliament)] 329 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. |
| |
| (3) |
A Provincial Assembly
or a Provincial Government shall not have power to-
| (a) |
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 |
| (b) |
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. |
|
| |
| (4) |
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. |
| |
|
| |
| 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 330[Majlis-e-Shoora (Parliament)] 330 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. |
| |
328 The following
was omitted by
Constitution
(Eighteenth Amendment) Act, 2010, Section 53 (with effect
from April 19, 2010) : :
| (2) |
The executive authority
of the Federation shall also extend to the giving of directions
to a Province as to the carrying into execution therein
of any Federal law which relates to a matter specified
in the Concurrent Legislative List and authorises the
giving of such directions. |
| |