MEMBERS OF PARLIAMENT AND PROVINCIAL ASSEMBLIES (EXEMPTION OF ADVISERS FROM DISQUALIFICATION) ACT, 1976.

THE MEMBERS OF PARLIAMENT AND PROVINCIAL ASSEMBLIES (EXEMPTION OF ADVISERS FROM DISQUALIFICATION)

ACT, 1976.

1ACT No. XIX OF 1976

[18th April, 1976]

An Act to declare the holders of the office of Adviser to the Governor not to be disqualified from being elected or chosen as, and from being a member of Parliament or a Provincial Assembly.

WHEREAS  paragraph (d) of clause (1) of Article 63 read with Article 127 of the Constitution provides that a person holding any office of profit in the service of Pakistan may be declared by law not to be disqualified from being elected or chosen as, and from being, a member of Parliament or a Provincial Assembly;

AND WHEREAS, it is expedient in the public interest to declare that persons holding the office of Adviser to a Governor during certain period shall not be disqualified from being elected or chosen as, and from being, a member of Parliament or a Provincial Assembly;

It is hereby enacted as follows:—

1. Short title and commencement.—(1) This Act may be called the Members of

Parliament and Provincial Assemblies (Exemption of Advisers from Disqualification) Act,

1976.

(2) It shall come into force at once and shall be deemed to have taken effect on the thirty-first day of December, 1975.

2. Advisor to Governor not to be disqualified. It is hereby declared that any person holding the office of Adviser to the Governor of a Province during the period—

(a)       that  an  Order  under  paragraph  (c)  of  clause  (2)  of  Article  232  of  the Constitution  is in  force whereby the  Federal  Government  has  assumed  to itself, or directed the Governor of a Province to assume on its behalf, all or any of the functions of the Government of that Province; or

(b)       a Proclamation under Article 234 of the Constitution is in force;

shall not be disqualified from being elected or chosen as, and from being, a member of

Parliament or a Provincial Assembly.

3. [Repeal.] Omitted by the Federal Laws (Revision and Declaration) Ordinance,

1981 (XXVII of1981), s. 3 and Sch., 11.

1For Statement of Objects and Reasons, see Gaz. of P., 1976, Ext., Pt. Ill, p. 308.

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