h1

4thSchedule Legislative Lists

FOURTH SCHEDULE

[Article 70(4)]

LEGISLATIVE LISTS

Federal Legislative List

PART I

1.  The defence of the Federation or any part thereof in peace or war; the military, naval and air forces of the Federation and any other armed forces raised or maintained by the Federation; any armed forces which are not forces of the Federation but are attached to or operating with any of the Armed Forces of the Federation including civil Armed Forces; Federal Intelligence Bureau; preventive detention for reasons of State connected with defence, external affairs, or the security of Pakistan or any part thereof; persons subjected to such detention; industries declared by Federal law to be necessary for the purpose of defence or for the prosecution of war.

2.  Military, naval and air force works; local self-government in cantonment areas, the constitution and powers within such areas of cantonment authorities, the regulation of house accommodation in such areas, and the delimitation of such areas.

3.  External affairs; the implementing of treaties and agreements, including educational and cultural pacts and agreements, with other countries; extradition, including the surrender of criminals and accused persons to Governments outside Pakistan.

4.  Nationality, citizenship and naturalisation.

5.  Migration from or into, or settlement in, a Province or the Federal Capital.

6.  Admission into, and emigration and expulsion from, Pakistan including in relation thereto the regulation of the movements in Pakistan of persons not domiciled in Pakistan; pilgrimages to places beyond Pakistan.

7. Posts and telegraphs, including telephones, wireless, broadcasting and other like forms of communications Post  Office Saving Bank.

8.  Currency, coinage and legal tender.

9.  Foreign exchange; cheques, bills of exchange, promissory notes and other like instruments.

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

11.  Federal Public Services and Federal Public Service Commission.

12.  Federal pensions, that is to say, pensions payable by the Federation or out of the Federal Consolidated Fund.

13.  Federal Ombudsmen.

14.  Administrative Courts and Tribunals for Federal subjects.

15.  Libraries, museums, and similar institutions controlled or financed by the Federation.

16.  Federal agencies and institutes for the following purposes, that is to say, for research, for professional or technical training, or for the promotion of special studies.

17.  Education as respects Pakistani students in foreign countries and foreign students in Pakistan.

18.  Nuclear energy, including—

(a)  mineral resources necessary for the generation of nuclear energy;

(b)  the production of nuclear fuels and the generation and use of nuclear energy; and

(c)  ionizing radiations 1[; and]

1[(d) boilers.]

19.  Port quarantine, seamen’s and marine hospitals and hospitals connected with port quarantine.

20.  Maritime shipping and navigation, including shipping and navigation on tidal waters; Admiralty jurisdiction.

2[21.  ] Omitted

22.  Aircraft and air navigation; the provision of aerodromes; regulation and organisation of air traffic and of aerodromes.

23.  Lighthouses, including lightships, beacons and other provisions for the safety of shipping and aircraft.

24.  Carriage of passengers and goods by sea or by air.

25.  Copyright, inventions, designs, trade-marks and merchandise marks.

26.  Opium so far as regards sale for export.

27.  Import and export  across customs frontiers as defined by the Federal Government, inter-provincial trade and commerce, trade and commerce with foreign countries; standard of quality of goods to be exported out of Pakistan.

28.  State Bank of Pakistan; banking, that is to say, the conduct of banking business by corporations other than corporations owned or controlled by a Province and carrying  on business only within that Province.

29.  The law of insurance, except as respects insurance undertaken by a Province, and the regulation of the conduct of insurance business, except as respects business undertaken by a Province, Government insurance, except so far as undertaken by a Province by virtue of any matter within the legislative competence of the Provincial Assembly.

30.  Stock exchanges and futures markets with objects and business not confined to one Province.

31.  Corporation, that is to say, the incorporation, regulation and winding-up of trading corporations, including banking, insurance and financial corporations, but not including corporations owned or controlled by a Province and carrying on business only within that Province, or co-operative societies, and of corporations, whether trading or not, with objects not confined to a Province, but not including universities.

3[32. International treaties, conventions and agreements and International arbitration.]

2[33.  ] Omitted

34.  National Highways and strategic roads.

35.  Federal surveys including geological surveys and Federal meteorological organisations.

36.  Fishing and fisheries beyond territorial waters.

37.  Works, lands and buildings vested in, or in the possession of Government for the purposes of the Federation (not being military, naval or air force works), but, as regards property situate in a Province, subject always to Provincial Legislation, save in so far as Federal law otherwise provides.

2[38.  ] Omitted

39.  Establishment of standards of weights and measures.

2[40.  ] Omitted

41.  Elections to the office of President, to the National Assembly, the Senate and the Provincial Assemblies; Chief Election Commissioner and Election Commissions.

42.  The salaries, allowances and privileges of the President, Speaker and Deputy Speaker of the National Assembly, Chairman and Deputy Chairman of the Senate, Prime Minister, Federal Ministers, Ministers of State, the salaries, allowances and privileges of the members of the Senate and the National Assembly; and the punishment of persons who refuse to give evidence or produce documents before committees thereof.

43.  Duties of customs, including export duties.

44.  Duties of excise, including duties on salt, but not including duties on alcoholic liquors, opium and other narcotics.

4[45.  ] Omitted

4[46.  ] Omitted

47.  Taxes on income other than agricultural income.

48.  Taxes on corporations.

5[49.  Taxes on the sales and purchases of goods imported exported, produced, manufactured or consumed 6[, except sales tax on services].]

50.  Taxes on the capital value of the assets, not including taxes 7[****] on immovable property.

51.  Taxes on mineral oil, natural gas and minerals for use in generation of nuclear energy.

52.  Taxes and duties on the production capacity of any plant, machinery, undertaking, establishment or installation in lieu of the taxes and duties specified in entries 44, 47, 48 and 49 or in lieu of any one or more of them.

53.  Terminal taxes on goods or passengers carried by railway, sea or air; taxes on their fares and freights.

54. Fees in respect of any of the matters in this Part, but not including fees taken in any Court.

55.  Jurisdiction and powers of all Courts, except the Supreme Court, with respect to any of the matters in this list and, to such extent as is expressly authorised by or under the Constitution, the enlargement of the jurisdiction of the Supreme Court, and the conferring thereon of supplemental powers.

56.  Offences against laws with respect to any of the matters in this Part.

57.  Inquiries and statistics for the purposes of any of the matters in this Part.

58.  Matters which under the Constitution are within the legislative competence of 8[Majlis-e-Shoora (Parliament)] or relate to the Federation.

59.  Matters incidental or ancillary to any matter enumerated in this Part.

PART  II

1.  Railways.

2.  Mineral oil and natural gas; liquids and substances declared by Federal Law to be dangerously inflammable.

3.  Development of industries, where development under Federal control is declared by Federal law to be expedient in the public interest; institutions, establishments, bodies and corporations administered or managed by the Federal Government immediately before the commencing day, including the 9[Pakistan Water and Power Development Authority and the Pakistan Industrial Development Corporation] ; all undertakings, projects and schemes of such institutions, establishments, bodies and corporations, industries, projects and undertakings owned wholly or partially by the Federation or by a corporation set up by the Federation.

10[4. Electricity.

5. Major ports, that is to say, the declaration and delimitation of such ports, and the constitution and powers of port authorities therein.

6. All regulatory authorities established under a Federal law.

7. National planning and national economic coordination including planning and coordination of scientific and technological research.

8. Supervision and management of public debt.

9. Census.

10. Extension of the powers and jurisdiction of members of a police force belonging to any Province to any area in another Province, but not so as to enable the police of one Province to exercise powers and jurisdiction in another Province without the consent of the Government of that Province; extension of the powers and jurisdiction of members of a police force belonging to any Province to railway areas outside that Province.

11. Legal, medical and other professions.

12. Standards in institutions for higher education and research, scientific and technical institutions.

13. Inter-provincial matters and co-ordination.]

10[14].  Council of Common Interests.

10[15].  Fees in respect of any of the matters in this Part but not including fees taken in any Court.

10[16].  Offences against laws with respect to any of the matters in this Part.

10[17],  Inquiries and statistics for the purposes of any of the matters in this Part.

10[18].  Matters incidental or ancillary to any matter enumerated in this Part.

11[Concurrent Legislative List] Omitted.

_____________________________________________________

Footnotes:

1. Section 101(1)(i) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted the semi colon and the word “: and” at the end of sub entry (c) of entry 18, in Part 1 of the Federal Legislative List of the Fourth Schedule and added the said new entry, (w.e.f. April 19, 2010).

2. Section 101(1)(iii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), omitted entries 21, 33, 38 and 40 of Part 1 of the Federal Legislative List of the Fourth Schedule, (w.e.f. April 19, 2010), that read :

21.  Major ports, that is to say, the declaration and delimitation of such ports, and the constitution and powers of port authorities therein.

33.  State lotteries.

38.  Census.

40.  Extension of the powers and jurisdiction of members of a police force belonging to any Province to any area in another Province, but not so as to enable the police of one Province to exercise powers and jurisdiction in another Province without the consent of the Government of that Province; extension of the powers and jurisdiction of members of a police force belonging to any Province to railway areas outside that Province.

3. Section 101(1)(ii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted the entry no. 32 of Part 1 of the Federal Legislative List of the Fourth Schedule, (w.e.f. April 19, 2010), in place of the entry as adopted in 1973, that read :

32.  National planning and national economic co-ordination including planning and co-ordination of scientific and technological research.

4. Section 101(1)(iv) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), omitted entries 45 and 46 of Part 1 of the Federal Legislative List of the Fourth Schedule, (w.e.f. April 19, 2010), that read :

45.  Duties in respect of succession to property.

46.  Estate duty in respect of property.

5.  Section 19 of the Constitution (Fifth Amendment) Act, 1976 (62 of 1976), substituted entry No. 49 of Part I of the Federal List in the Fourth Schedule, in its present form, (w.e.f. September 13, 1976) in place of the entry adopted in 1973, that read :

“49. Taxes on sales and purchases”

6. Section 101(1)(v) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), added the said comma and words, after the word “consumed” in entry no. 49 of Part 1 of the Federal Legislative List of the Fourth Schedule, (w.e.f. April 19, 2010).

7. Section 101(1)(vi) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), omitted the words “on capital gains”, occurring after the word “taxes”, in entry no. 50 of Part 1 of the Federal Legislative List of the Fourth Schedule, (w.e.f. April 19, 2010).

8.  See Footnote 2 on page 4.

9.  Section 19 of the Constitution (Fifth Amendment) Act 1976, (62 of 1976) substituted the said words, in place of the words “West Pakistan Water and Power Development Authority and the West Pakistan Industrial Development Corporation” in entry No. 3 of Part II of  the Federal List in the Fourth Schedule (w.e.f. September 13, 1976).

10. Section 101(2)(i)(ii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), renumbered entries 4, 5, 6, 7 and 8 as entries “14, 15, 16, 17 and 18, respectively and inserted the said new entries 4 to 13 in Part II of the Federal Legislative List of the Fourth Schedule, (w.e.f. April 19, 2010).

11. Section 101(3) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), omitted the Concurrent Legislative List and entries thereto from 1 to 47 (both inclusive), from the Fourth Schedule, (w.e.f. April 19, 2010), that read :

Concurrent Legislative List

1.  Criminal law, including all matters included in the Pakistan Penal Code on the commencing day, but excluding offences against laws with respect to any of the matters specified in the Federal Legislative List and excluding the use of naval, military and air forces in aid of civil power.

2.  Criminal procedure, including all matters included in the Code of Criminal Procedure, on the commencing day.

3.  Civil procedure, including the law of limitation and all matters included in the Code of Civil Procedure on the commencing day; the recovery in a Province or the Federal Capital of claims in respect of taxes and other public demands, including arrears of land revenue and sums recoverable as such, arising outside that Province.

4.  Evidence and oath; recognition of laws, public acts and records and judicial proceedings.

5. Marriage and divorce; infants and minors; adoption.

6.  Wills, intestacy and succession, save as regards agricultural land.

7.  Bankruptcy and insolvency, administrators-general and official trustees.

8.  Arbitration.

9.  Contracts, including partnership, agency, contracts of carriage, and other special forms of contracts, but not including contracts relating to agricultural land.

10.  Trust and trustees.

11.  Transfer of property other than agricultural land, registration of deeds and documents.

12.  Actionable wrongs, save in so far as included in laws with respect to any of the matters specified in the Federal Legislative List.

13.  Removal of prisoners and accused persons from one Province to another Province.

14.  Preventive detention for reasons connected with the maintenance of public order, or the maintenance of supplies and services essential to the community; persons subjected to such detention.

15.  Persons subjected to preventive detention under Federal authority.

16.  Measures to combat certain offences committed in connection with matters concerning the Federal and Provincial Governments and the establishment of a Police force for that purpose.

17.  Arms, fire-arms and ammunition.

18.  Explosives.

19.  Opium, so far as regards cultivation and manufacture.

20.  Drugs and medicines.

21.  Poisons and dangerous drugs.

22.  Prevention of the extension from one Province to another of infectious or contagious diseases or pests affecting men, animals or plants.

23.  Mental illness and mental retardation, including places for the reception or treatment of the mentally ill and mentally retarded.

24.  Environmental pollution and ecology.

25.  Population planning and social welfare.

26.  Welfare of labour; conditions of labour, provident funds; employers’ liability and workmen’s compensation, health insurance including invalidity pensions, old age pensions.

27.  Trade unions; industrial and labour disputes.

28.  The setting up and carrying on of labour exchanges, employment information bureaus and training establishments.

29.  Boilers.

30.  Regulation of labour and safety in mines, factories and oil-fields.

31.  Unemployment insurance.

32.  Shipping and navigation on inland waterways as regards mechanically propelled vessels, and the rule of the road on such waterways; carriage of passengers and goods on inland waterways.

33.  Mechanically propelled vehicles.

34.  Electricity.

35.  Newspapers, books and printing presses.

36.  Evacuee property.

37.  Ancient and historical monuments, archaeological sites and remains.

38.  Curriculum, syllabus, planning, policy, centres of excellence and standards of education.

39.  Islamic education.

40.  Zakat.

a* [41.  Production, censorship and exhibition of cinematograph films.]

42.  Tourism.

43.  Legal, medical and other professions.

b*[43-A. Auqaf.]

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

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

46.  Offences against laws with respect to any of the matters in this List; jurisdiction and powers of all Courts except the Supreme Court, with respect to any of the matters in this List.

47.  Matters incidental or ancillary to any matter enumerated in this List.

a*. Section 19 of the Constitution (Fifth Amendment) Act, 1976, (62 of 1976), substituted entry No. 41 of the concurrent legislative list in the Fourth Schedule, in its present form (w.e.f. September 13, 1976) in place of the entry No. 46 adopted in 1973 that read : “41. Sanctioning of cinematograph films for exhibition”. b*. Section 13 of the Constitution (Fourth Amendment) Act, 1975 (71 of 1975), added entry No. 43-A to the concurrent legislative list in the Fourth Schedule (w.e.f. November 21, 1975).


Comparative Table of 4th Schedule of the Constitution of Pakistan, 1973:
Constitution of Pakistan 1962 :
Constitution of Pakistan 1956 :
5th Schedule
Constitution of India 1950:
7th Schedule (Part D)
Government of India Act 1935:
7th Schedule

____________________________________________________________

Leading & Latest Cases on 4th Schedule of the Constitution of Pakistan, 1973:

PROGRESS OF PAKISTAN CO. LTD. .
REGISTRAR JOINT STOCK COMPANIES KARACHI AND ANOTHER
MST. MUMTAZ BEGUM
MST.WAZIR BEGUM
MESSRS ELAHI COTTON MILLS LTD AND OTHERS
FEDERATION OF PAKISTAN THROUGH SECRETARY M/O FINANCE, ISLAMABAD & 6ORS
SOCIETE GENERALE DE SURVEILLANCES S.A.
PAKISTAN THROUGH SECRETARY, MINISTRY OF FINANCE, REVENUE DIVISION, ISB
INDUSTRIAL DEVELOPMENT BANK OF PAKISTAN
FEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF FINANCE AND ORS


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