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PROVISIONAL CONSTITUTION ORDER, 1999

PROVISIONAL CONSTITUTION ORDER, 1999

(P.C.O. 1 OF 1999)
October 14, 1999

In pursuance of Proclamation of the 14th day of October, 1999, and in exercise of all powers enabling him in that behalf, the Chairman Joint Chiefs of Staff Committee and Chief of Army Staff and Chief Executive of the Islamic Republic of Pakistan under the Proclamation of Emergency of 14th day of October, 1999 (hereinafter referred to as the Chief Executive) is pleased to make and promulgate the following Order:-

1. (1) This Order may be called Provisional Constitution Order No. 1 of 1999.

(2) It extends to the whole of Pakistan.

(3) It shall come into force at once.

2. (1) Notwithstanding the abeyance of the provisions of the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, Pakistan shall, subject to this Order and any other Orders made by the Chief Executive, by governed, as nearly as may be, in accordance with the Constitution.

(2) Subject as aforesaid, all Courts in existence immediately before the commencement of this Order shall continue to function and to exercise their respective powers and jurisdiction :

Provided that the Supreme Court or High Courts and any other Court shall not have the powers to make any order against the Chief Executive or any person exercising powers or jurisdiction under his authority.

(3) The Fundamental Rights conferred by Chapter I of Part II of the Constitution, not in conflict with the Proclamation of Emergency or any Order made thereunder from time to time shall continue to be in force.

1[(4) Notwithstanding anything contained in the Proclamation of the Fourteenth day of October, 1999 or this Order or any other law for the time being in force, all provisions of the Constitution of the Islamic Republic of Pakistan embodying Islamic Injunctions including Articles, 2, 2A, 31, 203A to 203J, 227 to 231 and 260 (3)(a) and (b) shall continue to be in force and be deemed to have always so continued to be in force and no provisions aforesaid shall remain in abeyance or be deemed to have remained in abeyance at any time.]

3. (1) The President shall act on, and in accordance with the advice of the Chief Executive.

(2) The Governor of a Province shall act on, and in accordance with the instructions of the Chief Executive.

4. (1) No Court, tribunal or other authority shall call or permit to be called in question the Proclamation of Emergency of 14th day of October, 1999 or any Order made in pursuance thereof.

(2) No judgment, decree, writ, order or process whatsoever shall be made or issued by any Court or tribunal against the Chief Executive or any authority designated by the Chief Executive.

5 2[(1)]. Notwithstanding the abeyance of the provisions of the Constitution, but subject to the Orders of the Chief Executive all laws other than the Constitution 3[all Ordinances, Orders, Rules, Bye Laws, Regulations, Notifications, and other instruments in force in any part of Pakistan whether made by the President or the Governor of a Province] shall continue in force until altered, amended or repealed by the Chief Executive or any authority designated by him.

2[(2) In all laws including all Acts, Ordinances, Orders, Rules, Bye-laws, Regulations, Notifications and all other legal instruments in force in any part of Pakistan whether made by the President or the Governor of a Province the words “Prime Minister” and the words “Chief Minister”, wherever occurring, shall be deemed substituted by the words “Chief Executive of the Islamic Republic of Pakistan” and “Governor” respectively.]

4[5A (1). An Ordinance promulgated by the President or by the Governor of a Province shall not be subject to the limitation as to its duration prescribed in the Constitution.

(2) The provisions of clause (1) shall also apply to an Ordinance issued by the President or by the Governor which was in force immediately before the commencement of the Proclamation Order of Chief Executive of the Fourteenth day of October, 1999.]

6. The Proclamation of Emergency issued on 28th day of May, 1998, shall continue but subject to the provisions of Proclamation of Emergency dated 14th day of October, 1999 and this Provisional Constitution Order and any other Order made thereunder.

7. All persons who, immediately before the commencement of this Order, were in the service of Pakistan as defined in Article 260 of the Constitution and those persons who immediately before such commencement were in office as Judge of the Supreme Court, the Federal Shariat Court or a High Court 5[or Chief Election Commissioner] or Auditor-General or Ombudsman and Chief Ehtesab Commissioner, shall continue in the said service on the same terms and conditions and shall enjoy the same privileges, if any.

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Footnote

————————————————————————————————- Art. 2 of the Provisional Constitution (Amendment) Order 2000 (C.E.O. No. 7 of 2000), added clause (4) to Art. 1, of the Order, (w.e.f. October 14, 1999).

2. Art. 2 of the Provisional Constitution (Amendment) Order 2000 (C.E.O. No. 10 of 2000), renumbered Art. 5 of the Order, as 5(1) and added clause 2 thereto (w.e.f. November 14, 2000).

3. Art. 2 of the Provisional Constitution (Amendment) Order 1999 (C.E.O. No. 9 of 1999), inserted the said words in clause 1 of Art. 5 of the Order, (w.e.f. October 14, 1999).

4. Art. 3 of the Provisional Constitution (Amendment) Order 1999 (C.E.O. No. 9 of 1999), added Art. 5A to the Order, (w.e.f. October 14, 1999).

5. Art. 2 of the Provisional Constitution (Amendment) Order 1999 (C.E.O. No. 2 of 1999), inserted the said words in Art. 7 of the Order, (w.e.f. October 16,1999).

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