Constitution of 1956

Fifth Schedule

The Fifth Schedule consisted of the federal, concurrent and provincial lists under Article 106, delimiting the areas of legislation between the federal and the provincial governments and areas common to both. The inclusion of "criminal and nomadic tribes" in the provincial list (Item 7) seems today an oddity belonging to the attitudes of that age.

Fifth Schedule

Article 106

Federal List

1. Defence of Pakistan and of every part thereof, and all acts and measures connected therewith.

The Naval, Military and Air Forces of the Federation and any other armed forces raised or maintained by the Government of the Federation; armed forces which are not forces of the Federation but are attached to or operating with any of the armed forces of the Federation; any other armed forces of the Federation, including civil armed forces.

Naval, Military and Air Force works.

Industries connected with defence; nuclear energy and mineral resources necessary for its production.

Delimitation of cantonment areas; local self-government in cantonment areas; constitution, powers and functions, within such areas, of cantonment authorities; control of house accommodation (including control of rents) in such areas.

Manufacture of arms, firearms, ammunition and explosives.

2. Foreign affairs, including all matters which bring Pakistan into relation with any foreign country.

Diplomatic, consular and trade representation.

International organizations; participation in international bodies and implementing of decisions made thereat.

War and peace; making and implementation of treaties, conventions, declarations and other agreements with foreign countries.

Foreign and extra-territorial jurisdiction; offence against the laws of nations; Admiralty jurisdiction; piracy and offences committed on the high seas and in the air.

Admission into and emigration and expulsion from Pakistan; extradition;
passports; visas, permits and other such certificates; pilgrimages to places outside Pakistan, and by persons from outside Pakistan to places inside Pakistan; quarantine, including hospitals connected therewith; seamen's and marine hospitals.

3. Citizenship, naturalization and aliens.

4. Trade and commerce between the provinces, and with foreign countries import and export across customs frontiers.

5. Currency, coinage and legal tender; foreign exchange and negotiable instruments; State Bank of Pakistan; banking (excluding co-operative banking) with objects and business not confined to one Province.

6. Public debt of the Federation, and the borrowing of money on the security of the Federal Consolidated Fund; foreign loans.

7. Stock exchanges and future markets with objects and business not confined to one Province.

8. Insurance and corporations, that is to say, incorporation, regulation and winding-up of corporations, whether trading or not (but not including co-operative societies or universities, or municipal and local bodies), with objects and business not confined to one Province.

9. Copyright, patents, designs and inventions; trade and merchandise marks; standards of quality for goods to be exported out of Pakistan.

10. Establishment of standards of weight and measure.

11. Navigation and shipping, including coastal shipping (but excluding coastal shipping confined to one Province); airways; aerodromes; aircraft and air navigation, and all matters connected therewith; lighthouses and other provisions for the safety of shipping and aircraft.

12. Major ports, that is to say, the declaration and delimitation of such ports and the constitution and powers of port authorities therein; fishing and fisheries outside territorial waters.

13. Posts and all forms of telecommunications, including broadcasting and television; Post Office Savings Bank.

14. Industries, owned wholly or partially by the Federation, or by a a corporation set up by the Federation.

15. Mineral oil and natural gas.

16. The constitution, organization, jurisdiction and powers of the Supreme Court (including contempt of such Court) and the fees taken 'herein; persons entitled to practise before the Supreme Court.

17. Elections to the National Assembly, to the Provincial Assemblies and to the office of President; the Election Commission.

18. Central intelligence and investigating organization; preventive detention for reasons connected with defence, foreign affairs, or the security of Pakistan; persons subjected to such detention.

19. Census; the survey of Pakistan; the Geological Surveys of Pakistan; Meteorological organizations.

20. Property of the Federation situated in any Province and the revenue therefrom.

21. Federal agencies and Federal institutions for the promotion of special studies and special research; libraries and museums financed by the federation.

22. Federal Services, and the Federal Public Service Commission; Federal Pensions.

23. Remuneration of the President, Ministers, Ministers of State and Deputy Ministers of the Federal Government, Members, Speaker and Deputy Speaker of the National Assembly remuneration of Comptroller and Auditor-General, Attorney General and the Governors of Provinces.

24. Privileges and immunities of the President and Governors.

25. Powers, privileges and immunities of the National Assembly and of the members and the committees thereof, enforcement of attendance of persons for giving evidence or producing documents before committees of the National Assembly.

26. Duties of customs (including export duties); duties of excise (including duties on salt, but excluding alcoholic liquor, opium and other narcotics), corporation taxes and taxes on income other than agricultural income; estate and succession duties in respect of property other than agricultural land; taxes on the capital value of assets exclusive of agricultural land;
taxes on sales and purchases; terminal taxes on goods or passengers carried by sea or air; taxes on their fares and freights; taxes on mineral oil and natural gas.

27. Fees in respect of any of the matters in this List, excluding fees taken in courts.

28. Inquiries and statistics for the purpose of any of the matters in this List.

29. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this List; offences against laws with respect to any of the matters in this List.

30. All matters which under the Constitution are within the legislative competence of Parliament, and matters incidental thereto.

Concurrent List

PAR T I

1. Civil and Criminal law, including the law of evidence and procedure, limitation, marriage and divorce, minors and infants; adoption, joint family and partition; all matters in respect of which parties in judicial proceedings were immediately before the Constitution Day subject to their personal law; wills, intestacy, succession, and transfer of property (excluding succession to and transfer of agricultural land); registration of deeds and documents; arbitration; contract; partnership; agency; bankruptcy and insolvency; actionable wrongs; legal and medical professions contempt of court; trusts and official trustees.

2. Scientific and industrial research.

3. Poisons and dangerous drugs.

4. News papers, books and printed publications; printing presses.

PART II

5. Relations between employers and employees; trade unions; industrial and labour disputes; welfare of labour including conditions of work; provident fund; employers' liability; workmen's compensation; invalidity and old age pensions and maternity benefits; vocational and technical training of labour; social security and social insurance.

6. Measures to combat corruption.

7. Price control.

8. Relief and rehabilitation of refugees; custody, management and disposal of evacuee property.

9. Economic and social planning.

10. Commercial and industrial monopolies, combines and trusts.

11. Inter-provincial migration and quarantine.

12. Iron, steel, coal and mineral products, except mineral oil and natural gas.

13. Banking, insurance and corporations, subject to Federal List.

14. Stock exchanges and future markets, subject to Federal List.

15. Ancient and historical monuments declared to be of national importance.

16. Arms, firearms, ammunition and explosives, subject to Federal List.

17. Inquiries and statistic', for the purpose of any of the matters in this List.

18. Fees in respect of any of the matters in this List.

19. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this List; offences against laws with respect to any of the matters in this List.

Provincial List

1. Public order (but not including the use of naval, military or air forces, or any other armed forces of the Federation in aid of the civil power).

2. Administration of justice; constitution and organization of all except the Supreme Court; procedure in Rent and Revenue courts; fees taken in all courts, except the Supreme Court.

3. Police, including Armed Police, Railway and Village Police.

4. Extension of the powers and jurisdiction of members of a Police force belonging to any province to any area outside that province.

5. Preventive detention for reasons connected with the maintenance of public order; persons subjected to such detention.

6. Prisions, reformatories, Borstal institutions and other institutions of a like nature, and persons detained therein; arrangements with other provinces for the use of prisons and other institutions.

7. Removal from one province to another province of prisoners; vagrancy; criminal and nomadic tribes.

8. Land, that is to say, rights in or over land; land tenures, including the relation of landlord and tenant, and the collection of rents; transfer, alienation and devolution of agricultural land; land improvement and agricultural loans; colonization.

9. The incorporation, regulation, and winding-up of corporations, subject to Federal List; unincorporated trading; literary, scientific, religious and other societies and associations; co-operative societies.

10. Land revenue, including the assessment and collection of revenue, the maintenance of land records, survey for revenue purposes and records of rights and alienation or revenues.

11. Courts of Wards.

12. Works, lands and buildings vested in or in the possession of the Province.

13. Compulsory acquisition or requisitioning of property.

14. Agriculture, including agricultural education and research; protection against pests and prevention of plant diseases.

15. Local government, that is to say, the constitution and powers of municipal corporations, improvement trusts, district boards, mining settlement authorities and other local authorities for the purpose of local self-government or village administration.

16. Preservation, protection and improvement of stock, and prevention of animal diseases; veterinary training and practice.

17. Pounds and the prevention of cattle trespass.

18. Prevention of the extension from one Province to another of in infectious or contagious diseases.

19. Water, including water supplies, irrigation and canals, drainage and embankments, water storage and water power; flood control.

20. Education, including Universities, technical education and professional training.

21. Libraries, museums and ancient and historical monuments.

22. Botanical, zoological and anthropological surveys.

23. Co-ordination and determination of standards in institutions for higher education or research and scientific and technical institutions.

24. Theatres; cinemas; sports; entertainments and amusements.

25. Sanctioning of cinematograph films for exhibition.

26. Public health and sanitation; hospitals and dispensaries.

27. Registration of births and deaths.

28. Railways.

29. Communications not specified in the Federal List; roads, bridges, ferries and other means of communication, minor railways; tramways; ropeway; inland waterways and traffic thereon.

30. Shipping and navigation on tidal waters.

31. Coastal shipping confined to ports within one Province.

32. Vehicles, including mechanically-propelled vehicles.

33. Ports, subject to entry No. 12 in Federal List.

34. Burials and burial grounds; cremations and cremation grounds.

35. Relief of the disabled and unemployed

36. Pilgrimages, subject to Federal List.

37. Intoxicating liquors, that is to say, the production, manufacture, possession, transport, purchase and sale of intoxicating liquors.

38. Cultivation, manufacture and sale of opium.

39. Industries.

40. Factories and boilers.

41. Regulation of mines and mineral development, subject to Federal List and Concurrent List.

42. Trade and commerce within the Province.

43. Production, manufacture, supply and distribution of goods.

45. Weights and measures, except establishment of standards.

46. Manufacture, supply and distribution of salt.

47. Money-lending and money-lenders; relief of indebtedness.

48. Forests.

49. Protection of wild animals and birds.

50. Prevention of cruelty to animals.

51. Adulteration of food-stuffs and other goods.

52. Lotteries.

53. Betting and gambling.

54. Fisheries.

55. Treasure trove.

56. Electricity.

57. Gas and gas works.

58. Professions.

59. Inns and inn-keepers.

60. Provincial Public Services; Provincial Public Service Commission.

61. Provincial pensions.

62. Public debt of the Province.

63. Administrator-General.

64. Zakat

65. Charities and charitable institutions; charitable and religious endowments.

66. Lunacy and mental deficiency including places for reception or treatment of lunatics and mental deficients.

67. Salaries and allowances of members, the Speaker and the Deputy Speaker of the Provincial Assembly; salaries and allowances of Ministers of the Provincial Government, and the Advocate General.

68. Powers, privileges and immunities of the Provincial Assembly and of the members and the committees thereof; enforcement of attendance of persons for giving evidence or producing documents before committees of the Provincial Assembly.

69. Waqfs and mosques.

70. Orphanages and poorhouses.

71. Taxes on agricultural income and on the capital value of agricultural land.

72. Duties in respect of succession to agricultural land.

73. Stamp duty, including stamp duty on negotiable instruments and insurance policies.

74. Estate duty in respect of agricultural land.

75. Taxes on lands and buildings.

76. Taxes on mineral rights, subject to Federal List and to any limitations imposed by Parliament by law relating to mineral development.

77. Duties of excise on the following goods manufactured or produced in the Province and countervailing duties at the same or lower rates on similar goods manufactured or produced elsewhere in Pakistan-

(a) alcoholic liquors for human consumption;

(b) opium, Indian hemp and other narcotic drugs and narcotics; non-narcotic drugs;

(c) medicinal and toilet preparations containing alcohol or any substance included in sub-paragraph (b) of this entry.

78. Taxes on the entry of goods into a local area for consumption, use or sale therein.

79. Taxes on the consumption or sale of electricity.

80. Taxes on advertisements.

81. Taxes on the sale or purchase of newspapers.

82. Taxes on goods and passengers carried by road or on inland waterways.

83. Taxes on vehicles, whether mechanically-propelled or not, suitable for use on a road; on boats, launches and steamers on inland waters; on tram-cars.

84. Taxes on animals and boats.

85. Tolls

86. Taxes on professions, trades, callings and employments.

87. Capitation taxes.

88. Taxes on luxuries, including taxes on entertainments, amusements, betting and gambling.

89. Terminal taxes on goods or passengers carried by railway.

90. Rates of stamp duty in respect of documents other than those specified in the provisions of Federal List with regard to rates of stamp duty.

91. Offences against laws with respect to any of the matters in this List.

92. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this List.

93. Fees in respect of any of the matters in this List, but not including fees taken in any court.

94. Inquiries and statistics for the purpose of any of the matters in this List.

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

Search the Republic of Rumi