Constitution of 1956

Fourth Schedule

The Fourth Schedule described various temporary provisions, including the remuneration and privileges of the President, Prime Minister, members of assembly, etc.

Fourth Schedule

Article 217

Temporary Provisions

PART I: Remuneration and Privileges

1. Until Parliament by law otherwise provides, the remuneration and other privileges of persons holding offices mentioned in column 1 of the Table below shall be the same as were admissible, immediately before the Constitution Day, to persons holding offices mentioned in the corresponding entries in column 2 of that Table.

PART II: Provisions relating to Elections

2. Residence

(1) A person shall be deemed to be a resident in a constituency if he ordinarily resides in that constituency, or owns or is in possession of a dwelling house therein:

Provided that -

(a) any person who holds the office of Minister of the Federal or a Provincial Government, or Speaker or Deputy Speaker of the National or a Provincial Assembly shall be deemed, during any period in which he holds such office, to be a resident in the constituency in which he would have been resident if he had not held such office;

(b) any person who holds a public office, or is in the service of Pakistan, shall during any period for which he holds such office or is employed in such service be deemed to be a resident in the constituency in which he would have been a resident if he had not held such office or had not been so employed.

(2) Where a person becomes qualified to have his. name entered the electoral roll of a constituency under the proviso to paragraph 2, his wife, if otherwise qualified, shall become so qualified.

3.

(1) A person shall be qualified to be elected to the National Assembly if his name appears on the electoral roll of any constituency for that Assembly.

(2) A person shall be qualified to be elected to a Provincial Assembly if his name appears on the electoral roll of any constituency for that Assembly.

4. Disqualifications for election to the National Assembly or a Provincial Assembly

(1) A person shall be disqualified for being elected or for being a member of the National Assembly or a Provincial Assembly-

(a) if he is of unsound mind, and stands so declared by a competent court;

(b) if he is an undischarged insolvent:

Provided that this disqualification shall cease after the expiration of ten years from the date on which he has been adjudged insolvent;

(c) if he holds any office of profit in the service of Pakistan;

(d) if he has been convicted or has, in proceedings for questioning the validity or regularity of an election, been found guilty of any offence or corrupt or illegal practice relating to elections which has been declared by law to be an offence or practice entailing disqualification for membership of the National Assembly or a Provincial Assembly, unless such period has elapsed as may be specified in that behalf by the provisions of that law;

(e) if having been nominated as a candidate for election to the National Assembly or a Provincial Assembly, or having acted as election agent to any person so nominated, he has failed to lodge a return of election expenses within the time and in the manner required by law:

Provided that his disqualification shall not take effect until one month after the date on which the return ought to have been lodged, or until such time as the President in the case of a return relating to an election to the National Assembly, and the Governor, in the case of a return relating to an election to a Provincial Assembly, may allow:

Provided further that this disqualification shall cease when-

(i) five years have elapsed since the date on which the return ought to
have been lodged; or

(ii) the disqualification is removed by the President, in the case of a return relating to an election to the National Assembly, and by the Governor, in the case of a return relating to an election to a Provincial Assembly;

(f) if he has been convicted of any offence before the date of the establishment of the Federation by a court in British India, or on or after that date by a court in Pakistan, and sentenced to transportation or to imprisonment for not less than two years, unless a period of five years, or such less period as the President in the case of election to the National Assembly and the Governor in the case of election to a Provincial Assembly may allow in any particular case, has elapsed since his release;

(g) if he has been dismissed for misconduct from the service of Pakistan on the recommendation of the Supreme Court, or a Public Service Commission:
Provided that this disqualification shall cease after the expiry of five years from the date of the dismissal, or may, at any time within that period be removed by the Governor in the case of dismissal from a service of a Province, and by the President in any other case;

(h) if he has ceased to be a citizen, or has voluntarily acquired the citizenship of a foreign State, or has made a declaration of allegiance or adherence to a foreign State.

(2) For the purpose of clause(c) of sub-paragraph (1) of this paragraph, the Judges of the Supreme and High Courts, and the Comptroller and Auditor-General shall be deemed to be holding offices of profit in the service of Pakistan.

Part III: Procedure and Privileges of the National Assembly

5. Rules of Procedure

Until rules have been framed by the Assembly under Article 55, the procedure of the National Assembly shall be regulated by the Rules of the Constituent Assembly functioning as Federal Legislature, in force immediately before the Constitution Day, subject to such amendments as may be made therein by the President.

6. Privileges

Until an Act of Parliament is made in that behalf under Article 56, the privileges of the National Assembly, the committees and members thereof and the persons authorized to speak therein shall be the same as those of the Constituent Assembly in force immediately before the Constitution Day.

7. Finance Committee

(1) The expenditure of the National Assembly, within the limits sanctioned under the Government of India Act, 1935, or within the limits of the Appopriation Act for the time being in force, shall be controlled by that Assembly, acting on the advice of its Finance Committee.

(2) The Finance Committee shall consist of the Speaker as Chairman, the Minister of Finance, and such other members as may be elected thereto by the National Assembly.

(3) The Finance Committee may make rules regulating its own procedure.

8. Secretariat of the National Assembly

(1) The National Assembly shall have its own secretarial staff.

(2) Parliament may by law regulate the recruitment and conditions of service of persons appointed to the secretarial staff of the National Assembly.

(3) Until provision is made by Parliament, the President may, after consultation with the Speaker of the National Assembly, make rules regulating the recruitment and conditions of service of persons appointed to the secretarial staff of the National Assembly, and any rules so made shall have effect subject to the provisions of any law.

Part IV A: Remuneration and Privileges in the Provinces

9. Until a Provincial Legislature by law otherwise provides, the remuneration and other privileges of persons holding offices mentioned in column I of the table below shall be the same as were admissible, immediately before the Constitution Day, to persons holding offices mentioned in the corresponding entries in column 2 of that table.

Part IV B: Procedure and Privileges of a Provincial Assembly

10. Rules of Procedure

Until rules have been framed by the Assembly under Article 88, the procedure of a Provincial Assembly shall be regulated by the Rules of the Corresponding Provincial Legislative Assembly in force immediately before the Constitution Day, subject to such amendments as may be made therein by the Governor.

11. Privileges

Until an Act of the Provincial Legislature is made in that behalf under Article 89, the privileges of a Provincial Assembly, its members and committees, and the persons taking part in its proceedings shall be the same as those of the Legislative Assembly of that Province in force immediately before the Constitution Day.

12. Finance Committee

(1) The expenditure of a Provincial Assembly, within the limits sanctioned under the Government of India Act, 1935, or within the limits of the Appropriation Act for the time being in force, shall be controlled by that Assembly acting on the advice of its Finance Committee.

(2) The Finance Committee shall consist of the Speaker, the Minister of Finance, and such other members as may be elected thereto by the Provincial Assembly.

(3) The Finance Committee may make rules regulating its own procedure.

13. Secretariat of the Provincial Assembly

(1) The Provincial Assembly shall have its own secretarial staff.

(2) The Provincial Legislature may by law regulate the recruitment and conditions of service of persons appointed to the staff of the Provincial Assembly.

(3) Until provision is made by the Provincial Legislature, the Governor may after consultation with the Speaker of the Legislative Assembly, make rules regulating the recruitment and the conditions of service of persons appointed to the secretarial staff of the Assembly, and any rules so made shall have effect subject to the provisions of any law.

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

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