Constitution of 1956

Part 7: Property contracts and suits

Part 6 consisted of articles 105 to 132. It described the relations between the Federation and the provinces, and it had 4 chapters. The first chapter (articles 105 to 111) regarded the legislative powers, the second chapter (articles 112 to 119) the financial provisions, the third chapter (articles 120 to 124) the audit and accounts, and the fourth chapter (articles 125 to 132) the administrative relations between the Federation and the provinces.

Part 7: Property Contracts and Suits

Article 133

Any property which has no rightful owner, or which but for the enactment of the Constitution, would have accrued to Her Majesty by escheat or lapse, or has bona vacantia for want of a rightful owner, shall if it is property situate in a Province, vest in the Provincial Government, and shall, in any other case, vest in the Federal Government: Provided that any property which at the date when it would have accrued to Her Majesty was in the possession or under the control of the Federal Government or a Provincial Government shall, according as the purposes for which it was then held were purposes of the Federation or of a Province, vest in the Federal Government or the Provincial Government, as the case may be.

Article 134

(1) The executive authority of the Federation and of each Province shall extend to the purchase or acquisition of property for their respective purposes, and any such property shall vest in the Federal Government or, as the case may be, in the Provincial Government.

(2) The executive authority of the Federation and of each Province shall extend to the transfer by grant, sale, mortgage or otherwise of property vested in the Federal Government or the Provincial Government, as the case may be, and to the making of contracts.

(3) All lands, minerals and other things of value underlying the ocean within the territorial waters of Pakistan shall vest in the Federal Government.

Article 135

(1) All contracts made in the exercise of the executive authority of the Federation or of a Province shall be expressed to be made by the President or the Governor of the Province, as the case may be, and all such contracts and all assurances of property made in the exercise of that authority shall be executed on behalf of the President, or the Governor, by such person and in such manner as he may direct or authorize.

(2) Neither the President nor the Governor shall be personally liable in respect of any contract or assurance made or executed in pursuance of any provision of the Constitution, or of any Federal or Provincial law, nor shall any person making or executing any such contract or assurance on behalf of any of them be personally liable in respect thereof: Provided that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the Federal Government or the Government of a Province.

Article 136

The Federal Government may sue and be sued by the name of Pakistan, and the Government of a Province may sue and be sued by the name of the Province.

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Source: Documents and Speeches on the Constitution of Pakistan
By G. W. Choudhury (1967). Green Book House, Dacca (East Pakistan)

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