The Constitution of Pakistan on pakistani.org
Part V (contd)
Relations Between Federation and Provinces
Chapter 2. ADMINISTRATIVE RELATIONS BETWEEN FEDERATION AND
PROVINCES.
-
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 [146][Majlis-e-Shoora
(Parliament)] 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.
-
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.
- (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.
- (3) The executive authority of the Federation shall also extend
to the giving of directions to a Province as to the construction an
d 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) [146][Majlis-e-Shoora
(Parliament)] 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 [146][Majlis-e-Shoora
(Parliament)] 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.
The Constitution of Pakistan on pakistani.org