Constitution of the Islamic Republic of Pakistan, 1973 — Article 277

277. Transitional financial provisions..—(1) The schedule of authorized expenditure authenticated by the President for the financial year ending on the thirtieth day of June, one thousand nine hundred and seventy-four, shall continue to remain a valid authority for expenditure from the Federal Consolidated Fund for that year.

(2)The President may, in respect of expenditure of the Federal Government for any financial year preceding the financial year commencing on the first day of July, one thousand nine hundred and seventy-three (being expenditure in excess of the authorized expenditure for that year), authorize the withdrawal of moneys from the Federal Consolidated Fund.

(3)The provisions of clauses (1) and (2) shall apply to and in relation to a Province, and for that purpose

(a)any reference in those provisions to the President shall be read as a reference to the Governor of the Province;

(b)any reference in those provisions to the Federal Government shall be read as a reference to the Government of the Province; and

(c)any reference in those provisions to the Federal Consolidated Fund shall be read as a reference to the Provincial Consolidated Fund of the Province. 1 Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art.2 and Sch. 278. Accounts not audited before commencing day. The Auditor-General shall perform the same functions and exercise the same powers in relation to accounts which have not been completed or audited before the commencing day as, by virtue of the Constitution, he is empowered to perform or exercise in relation to other accounts, and Article 171 shall, with the necessary modifications, apply accordingly. 279. Continuance of taxes. Notwithstanding anything contained in the Constitution, all taxes and fees levied under any law in force immediately before the commencing day shall continue to be levied until they are varied or abolished by Act of the appropriate Legislature. 280. Continuance of Proclamation of Emergency. The Proclamation of Emergency issued on the twenty-third day of November, one thousand nine hundred and seventy-one, shall be deemed to be a Proclamation of Emergency issued under Article 232, and for the purposes of clause (7) and clause

(8)thereof to have been issued on the commencing day, and any law, rule or order made or purporting to have been made in pursuance of that Proclamation shall be deemed to have been validly made 1[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. ] 1 Added by the Constitution (Fifth Amendment) Act, 1976 (Act No. LXII of 1976), s. 17 and shall be deemed always to have been so added. 1 [ANNEX (Article 2A) The Objectives Resolution In the name of Allah, the Beneficient, the Merciful: Whereas sovereignty over the entire universe belongs to Allah Almighty alone and the authority which He has delegated to the State of Pakistan, through its people for being exercised within the limits prescribed by Him is a sacred trust; This Constituent Assembly representing the people of Pakistan resolves to frame a constitution for the sovereign independent State of Pakistan; Wherein the State shall exercise its powers and authority through the chosen representatives of the people; Wherein the principles of democracy, freedom, equality, tolerance and social justice as enunciated by Islam shall be fully observed; Wherein the Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirements of Islam as set-out in the Holy Quran and the Sunnah; Wherein adequate provision shall be made for the minorities to 2[freely] profess and practise their religions and develop their cultures; Wherein the territories now included in or in accession with Pakistan and such other territories as may hereafter be included in or accede to Pakistan shall form a Federation wherein the units will be autonomous with such boundaries and limitations on their powers and authority as may be prescribed; Wherein shall be guaranteed fundamental rights including equality of status, of opportunity and before law, social, economic and political justice, and freedom of thought, expression, belief, faith, worship and association, subject to law and public morality; Wherein adequate provision shall be made to safeguard the legitimate interests of minorities and backward and depressed classes; Wherein the independence of the Judiciary shall be fully secured; Wherein the integrity of the territories of the Federation, its independence and all its rights including its sovereign rights on land, sea and air shall be safeguarded; So that the people of Pakistan may prosper and attain their rightful and honoured place amongst the nations of the World and make their full contribution towards international peace and progress and happiness of humanity.] 1 Ins. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art.2 and Sch. 2 Ins. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 99. 1 [FIRST SCHEDULE [Article 8(3) (b) and (4)] Laws exempted from the operation of Article 8 (1) and (2). PART I I. PRESIDENT’S ORDERS 1. The Acceding State (Property) Order, 1961 (P. O. No. 12 of 1961). 2. The Economic Reforms Order, 1972 (P. O. No. 1 of 1972). II. REGULATIONS 1. The Land Reforms Regulation, 1972. 2. The Land Reforms (Baluchistan Pat Feeder Canal) Regulation, 1972. 3. The Economic Reforms (Protection of Industries) Regulation, 1972. 4. The Distribution of Property (Chitral) Regulation, 1974 (II of 1974). 5. The Settlement of Disputes of Immovable Property (Chitral) Regulation, 1974 (III of 1974). 6. The Dir and Swat (Devolution and Distribution of Property and Settlement of Disputes of Immovable Property) (Amendment) Regulation, 1975 (II of 1975). 2 [7. The Settlement of Disputes of Immovable Property (Chitral) (Amendment) Regulation, 1976 (XII of 1976).] III. FEDERAL ACTS 1. The Land Reforms (Amendment) Act, 1974 (XXX of 1974). 2. The Land Reforms (Amendment) Act, 1975 (XXXIX of 1975). 2 [3. The Flour Milling Control and Development Act, 1976 (LVII of 1976). 4. The Rice Milling Control and Development Act, 1976 (LVIII of 1976). 5. The Cotton Ginning Control and Development Act, 1976 (LIX of 1976).] 3 [* * * * * * *] 1 Subs. by the Constitution (Fourth Amendment) Act, 1975 (Act No. LXXI of 1975), s. 12, (w. e. f. the 21st November, 1975). 2 Added by the Constitution (Fifth Amendment) Act, 1976 (Act No. LXII of 1976), s. 18, (w. e. f. the 13th September, 1976). 3 Added by the Constitution (Twenty-first Amendment) Act, 2015 (Act No. I of 2015) and stood cease to form part of the Constitution and stood stand repealed on the expiration of two years. 1 6. [* * * * * * *] 1 7. [* * * * * * *] 2 8. [* * * * * * *] 2 9. [* * * * * * *] IV. ORDINANCES PROMULGATED BY THE PRESIDENT The Land Reforms (Amendment) Ordinance, 1975 (XXI of 1975), and the Federal Act enacted to replace the said Ordinance. V. PROVINCIAL ACTS 1. The Land Reforms (Baluchistan Amendment) Act, 1974 (Baluchistan Act XI of 1974). 2. The Land Reforms (Pat Feeder Canal Regulation) (Amendment) Act, 1975 (Baluchistan Act VII of 1975). 3 [VI. PROVINCIAL ORDINANCE The Land Reforms (Pat Feeder Canal) (Amendment) Ordinance, 1976.] PART II I. PRESIDENT’S ORDERS 1. The Minerals (Acquisition and Transfer) Order, 1961 (P. O. No. 8 of 1961). 2. The Companies (Managing Agency and Election of Directors) Order, 1972 (P. O. No. 2 of 1972). 3. The Co-operative Societies (Reforms) Order, 1972 (P. O. No. 9 of 1972). 4. The Life Insurance (Nationalization) Order, 1972 (P. O. No. 10 of 1972). 5. The Martial Law (Pending Proceedings) Order, 1972 (P. O. No. 14 of 1972). 6. The Rulers of Acceding States (Abolition of Privy Purses and Privileges) Order, 1972 (P. O. No. 15 of 1972). 7. The Industrial Sanctions and Licences (Cancellation) Order, 1972 (P. O. No. 16 of 1972). 8. The Criminal Law Amendment (Special Court) Order, 1972 (P. O. No. 20 of 1972). II. REGULATIONS 1. Rawalpindi (Requisition of Property) Regulation, 1959. 2. The Pakistan Capital Regulation, 1960. 1 The entries 6 and 7 stood repealed by the Constitution (Twenty-third Amendment) Act, 2017 (Act No. XII of 2017)), s. 3, after the expiry of two years on 6th January, 2019. 2 The entries 8 and 9 stood repealed by the Constitution (Twenty-first Amendment) Act, 2015 (Act No. I of 2015)), s.1, after the expiry of two years on 6th January, 2017. 3 Added by the Constitution (Fifth Amendment) Act, 1976 (Act No. LXII of 1976), s. 18 (w.e.f. the 13th September, 1976). 3. The Scrutiny of Claims (Evacuee Property) Regulation, 1961. 4. The Income Tax (Correction of Returns and False Declaration) Regulation, 1969. 5. The Improper Acquisition of Property Regulation, 1969. 6. The Removal from Service (Special Provisions) Regulation, 1969. 7. The Living Beyond Ostensible Means (Punishment) Regulation, 1969. 8. The Government Agricultural Land (Recovery of Illegal Possession) Regulation, 1969. 9. The Enemy Property (Payment of Money Due to Enemy) Regulation, 1970. 10. The Withdrawal of Currency Notes (High Denomination) Regulation, 1971. 11. The Price of Evacuee Property and Public Dues (Recovery) Regulation, 1971. 12. The Peshawar District and Tribal Areas (Settlement of Disputes) Regulation, 1971. 13. The Convention Muslim League and Awami League (Scrutiny of Funds) Regulation, 1971. 14. The Foreign Exchange Repatriation Regulation, 1972. 15. The Foreign Assets (Declaration) Regulation, 1972. 16. The Removal from Service (Review Petition) Regulation, 1972. 17. The privately Managed Schools and Colleges (Taking Over) Regulation, 1972. 18. The Enemy Property (Revocation of Sales) Regulation, 1972. 19. The Dir and Swat (Devolution and Distribution of Property) Regulation, 1972. 20. The Dir and Swat (Settlement of Disputes of Immovable Property) Regulation, 1972. 21. The West Pakistan Industrial Development Corporation (Revocation of Sale or Transfer) Regulation, 1972. 22. The National Press Trust (Suspension of Board of Trustees and Directors) Regulation, 1972. 23. The Co-operative Banks (Repayment of Loans) (Punjab) Regulation, 1972. 24. The Co-operative Societies (Repayment of Loans) (Sindh) Regulation, 1972. III. ORDINANCES PROMULGATED BY THE PRESIDENT 1. The Control of Shipping Ordinance, 1959 (XIII of 1959). 2. The Jammu and Kashmir (Administration of Property) Ordinance, 1961 (III of 1961). 3. The Muslim Family Laws Ordinance, 1961 (VIII of 1961). 4. The Security of Pakistan (Amendment) Ordinance, 1961 (XIV of 1961). 5. The Associated Press of Pakistan (Taking Over) Ordinance, 1961 (XX of 1961). 6. The Trade Organisations Ordinance, 1961 (XLV of 1961). IV. FEDERAL ACTS The Censorship of Films Act, 1963 (XVIII of 1963). V. ORDINANCES PROMULGATED BY THE GOVERNOR OF FORMER PROVINCE OF WEST PAKISTAN 1. The West Pakistan Government Educational and Training Institutions Ordinance, 1960 (W.P. Ordinance No. XI of 1960). 2. The West Pakistan Wakf Properties Ordinance, 1961 (W.P. Ordinance No. XXVIII of 1961). 3. The Societies Registration (West Pakistan Amendment) Ordinance, 1962 (W.P. Ordinance No. IX of 1962). 4. The West Pakistan Industries (Control on Establishment and Enlargement) Ordinance, 1963 (W.P. Ordinance No. IV of 1963). VI. ORDINANCES PROMULGATED BY THE GOVERNOR OF THE NORTH-WEST FRONTIER PROVINCE 1. The North-West Frontier Province Government Educational and Training Institutions Ordinance, 1971 (N.W.F.P. Ordinance No. III of 1971). 2. The North-West Frontier Province Chashma Right Bank Canal Project (Control and Prevention of Speculation in Land) Ordinance, 1971 (N.W.F.P. Ordinance No. V of 1971). 3. The North-West Frontier Province Gomal Zam Project (Control and Prevention of Speculation in Land) Ordinance, 1971 (N.W.F.P. Ordinance No. VIII of 1971).] 1 [SECOND SCHEDULE [Article 41 (3)] Election Of President 1. The 2[Election Commission of Pakistan] shall hold and conduct election to the office of President, and 2[Chief Election Commissioner] shall be the Returning Officer for such election. 2. The 2[Election Commission of Pakistan] shall appoint Presiding Officers to preside at the meeting of the members of Majlis-e-Shoora (Parliament) and at the meetings of the members of the Provincial Assemblies. 3. The Chief Election Commissioner shall by public notification fix the time and place for depositing nomination papers, holding a scrutiny, making withdrawals, if any, and holding the poll, if necessary. 4. At any time before noon on the day fixed for nomination any member of the Majlis-e-Shoora (Parliament) or of a Provincial Assembly may nominate for election as President a person qualified for election as President by delivering to the Presiding Officer a nomination paper, signed by himself as proposer and by another member of the Majlis-e- Shoora (Parliament) or, as the case may be Assembly as seconder, together with a statement signed by the person nominated that he consents to the nomination: Provided that no person shall subscribe, whether as proposer or as seconder, more than one nomination paper at any one election. 5. The scrutiny shall be held by the Chief Election Commissioner at the time and place fixed by him, and if after scrutiny only one person remains validly nominated, the Chief Election Commissioner shall declare that person to be elected, or if more than one person remains validly nominated, he shall announce, by public notification, the names of the persons validly nominated, to be hereinafter called the candidates. 6. A candidate may withdraw his candidature at any time before noon on the day fixed for this purpose by delivering a notice in writing under his hand to the Presiding Officer with whom his nomination paper has been deposited, and a candidate who has given a notice of withdrawal of his candidature under this paragraph shall not be allowed to cancel that notice. 7. If all but one of the candidates have withdrawn, that one shall be declared by the Chief Election Commissioner to be elected. 8. If there is no withdrawal, or if, after withdrawals have taken place, two or more candidates are left, the Chief Election Commissioner shall announce by Public notification the names of the candidates, and their proposers and seconders, and shall proceed to hold a poll by secret ballot in accordance with the provisions of the succeeding paragraphs. 9. If a candidate whose nomination has been found to be in order dies after the time fixed for nomination, and a report of his death is received by the Presiding Officer before the commencement 1 Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art.2 and Sch. 2 Subs. and ins. by the Constitution (Twentieth Amendment) Act, 2012 (Act No. V of 2012), s. 10. of the poll, the Presiding Officer shall, upon being satisfied of the fact of the death of the candidate, countermand the poll and report the fact to the Chief Election Commissioner, and all proceedings with reference to the election shall be commenced a new in all respects as if for a new election: Provided that no further nomination shall be necessary in the case of a candidate whose nomination was valid at the time of the countermanding of the poll: Provided further that no person who has under paragraph 6 of this Schedule given notice of withdrawal of his candidature before the countermanding of the poll shall be ineligible for being nominated as a candidate for the election after such countermanding. 10. The poll shall be taken at the meetings of Majlis-e-Shoora (Parliament) and of each Provincial Assembly, and the respective Presiding Officers shall conduct the poll with the assistance of such officers as they may, with the approval of the Chief Election Commissioner, respectively appoint. 11. A ballot paper shall be issued to every member of Majlis-e-Shoora (Parliament), and of each Provincial Assembly, who presents himself for voting at the meeting of the members of the Majlis-e Shoora (Parliament) or, as the case may be of the Provincial Assembly of which he is a member (hereinafter referred to as a person voting), and he shall exercise his vote personally by marking the paper in accordance with the provisions of the succeeding paragraphs. 12. The poll shall be by secret ballot by means of ballot papers containing the names of all the candidates in alphabetical order who have not withdrawn, and a person voting shall vote by placing a mark against the name of the person for whom he wishes to vote. 13. Ballot papers shall be issued from a book of ballot papers with counterfoils, each counterfoil being numbered; and when a ballot paper is issued to a person voting his name shall be entered on the counterfoil, and the ballot paper shall be authenticated by the initials of the Presiding Officer. 14. A ballot paper having been marked by the person voting shall be deposited by that person in a ballot box to be placed in front of the Presiding Officer. 15. If a ballot paper is spoiled by a person voting he may return it to the Presiding Officer, who shall issue a second ballot paper, cancelling the first ballot paper and marking the cancellation on the appropriate counterfoil.