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Article: 161 Natural gas and hydro-electric power

161.  Natural gas and hydro-electric power: 1[(1) Notwithstanding the provisions of Article 78,­

(a) the net proceeds of the Federal duty of excise on natural gas levied at well-head and collected by the Federal Government and of the royalty collected by the Federal Government, shall not form part of the Federal Consolidated Fund and shall be paid to the Province in which the well-­head of natural gas is situated;

(b) the net proceeds of the Federal duty of excise on oil levied at well-head and collected by the Federal Government, shall not form part of the Federal Consolidated Fund and shall be paid to the Province in which the well-head of oil is situated.]

(2)  The net profits earned by the Federal Government, or any undertaking established or administered by the Federal Government from the bulk generation of power at a hydro-electric station shall be paid to the Province in which the hydro-electric station is situated.

Explanation.—For the purposes of this clause “net profits” shall be computed by deducting from the revenues accruing from the bulk supply of power from the bus-bars of a hydro-electric station at a rate to be determined by the Council of Common Interests, the operating expenses of the station, which shall include any sums payable as taxes, duties, interest or return on investment, and depreciation and element of obsolescence, and over-heads, and provision for reserves.


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Footnotes:

1. Section 60 of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted clause (1) of Art. 161, in its present form, (w.e.f. April 19, 2010). The substituted clause (1) of Art. 161, as adopted in 1973, that read :

(1) Notwithstanding the provisions of Article 78 the net proceeds of the Federal duty of excise on natural gas levied at well-head and collected by the Federal Government, and  of the royalty collected by the Federal Government, shall not form part of the Federal Consolidated  Fund and shall be paid to the Province in which the well-head of natural gas is situated.


Comparative Table of Article 161 of the Constitution of Pakistan, 1973 :
Constitution of Pakistan 1962 :
Constitution of Pakistan 1956 :
Constitution of India 1950:
Government of India Act 1935:

Leading & Latest Cases on Article 161 of the Constitution of Pakistan, 1973 :

MESSRS GADOON TEXTILE MILLS AND 814 OTHERS
WAPDA AND OTHERS


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