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Article: 155 Complaints as to interference with water supplies

155.  Complaints as to interference with water supplies.—(1) If the interests of a Province, the Federal Capital or the Federally Administered Tribal Areas, or any of the inhabitants thereof, in water from any natural source of supply 1[or reservoir] have been or are likely to be affected prejudicially by–

(a)  any executive act or legislation taken or passed or proposed to be taken or passed, or

(b)  the failure of any authority to exercise any of its powers with respect to the use and distribution or control of water from that source,

the Federal Government or the Provincial Government concerned may make a complaint in writing to the Council.

(2)  Upon receiving such complaint, the Council shall, after having considered the matter, either give its decision or request the President to appoint a commission consisting of such  persons  having  special  knowledge  and  experience  in  irrigation,   engineering, administration, finance or law as he may think fit, hereinafter referred to as the Commission.

(3)  Until 2[Majlis-e-Shoora (Parliament)] makes provision by law in this behalf, the provisions of the Pakistan Commissions of Inquiry Act, 1956, as in force immediately before the commencing day shall apply to the Council or the Commission as if the Council or the Commission were a commission appointed under that Act to which all the provisions of section 5 thereof applied and upon which the power contemplated by section 10A thereof had been conferred.

(4)  After considering the report and supplementary report, if any, of the Commission, the Council shall record its  decision on all matters referred to  the Commission.

(5)  Notwithstanding any law to the contrary, but subject to the provisions of clause (5) of Article 154, it shall be the duty of the Federal Government and the Provincial Government concerned in the matter in issue to give effect to the decision of the Council faithfully according to its terms and tenor.

(6)  No proceeding shall lie before any court at the instance of any party to a matter which is or has been in issue before the Council, or of any person whatsoever, in respect of a matter which is actually or has been or might or ought to have been a proper subject of complaint to the Council under this Article.

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Footnotes:

1. Section 56 of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), added the said words, after the word “supply”, in Art. 155, (w.e.f. April 19, 2010).

2.  See Footnote 2 on page 4


Comparative Table of Article 155 of the Constitution of Pakistan, 1973 :
Constitution of Pakistan 1962 :
Constitution of Pakistan 1956 :
129
Constitution of India 1950:
262
Government of India Act 1935:
130


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Leading & Latest Cases on Article 155 of the Constitution of Pakistan, 1973 :

MESSRS GADOON TEXTILE MILLS AND 814 OTHERS
WAPDA AND OTHERS

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