Gilgit-Baltistan Empowerment and Self Governance Order 2009.


No Description No Description
Part 1 Preliminary Part 2 Fundamental Rights
Part 3 Governor Part 4 The Government
Part 5 Gilgit-Baltistan Council Part 6 The Legislature
Part 7 Distribution of Legislative Powers Part 8 Islamic Provisions
Part 9 Financial Procedure Part 10 Ordinance
Part 11 The Judicature Part 12 Services
Part 13 General Part 14 Emergency Provisions
Part 15 Miscellaneous Thirt Schedule Council Legislative List
Fourth Schedule Assembly Legislative List    

 

GOVERNMENT OF PAKISTAN

MINISTRY OF KASHMIR AFFAIRS AND

NORTHERN AREAS

****

Islamabad, The 9th, September 2009

 

AN

ORDER

      To provide greater political empowerment and better governance to the people of Gilgit-Baltistan;

 

      WHEREAS it is expedient to undertake necessary legislative, executive and judicial reforms for granting self-governance to the people of Gilgit-Baltistan and for matters connected therewith or incidental thereto;

 

      NOW, THEREFORE, the Government of Pakistan is pleased to make the following Order:-

1.   Short title, extent and commencement.- (1) This Order may be called the Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009.

(2)               It extends to the whole areas of Gilgit-Baltistan. 

(3)               It shall come into force at once.    

 

PART. I-PRELIMINARY

2.  Definitions.-  (1) In this Order, unless there is anything repugnant in the subject or context.-

(a)        “Assembly” means the Gilgit-Baltistan Legislative Assembly;

(b)       “Citizen” unless otherwise expressed in this Order, means a person who has a domicile of Gilgit-Baltistan;

(c)        “Council” means the Gilgit-Baltistan Council constituted under this Order;

(d)       “Chairman” means the Chairman of the Council who shall be the Prime Minister of Pakistan;

(e)        “Financial year” means the year commencing on the first day of July and ending on the thirtieth day of June;

(f)        Gilgit-Baltistan” means the areas comprising districts of Astore, Diamer, Ghanche, Ghizer, Gilgit, Hunza-Nagar, Skardu and such other districts as may be created from time to time;

(g)       “Governor” means the Governor of Gilgit-Baltistan and includes a person for the time being acting as, or performing the functions of the Governor;

(h)       “Government” means the Government of Gilgit-Baltistan

(i)        “Joint Sitting” means a joint sitting of the Assembly, the Federal Minister in-charge of the Council Secretariat and the members of the Council;

(j)         “Judge” in relation to the Gilgit-Baltistan Supreme Appellate Court or the Gilgit-Baltistan Chief Court, includes the Chief Judge of the Gilgit-Baltistan Supreme Appellate Court and the Chief Court;

(k)       “person” includes any body politic or corporate;

(l)        “prescribed” means prescribed by law or rules made thereunder;

(m)      “Property” includes any right, title or interest in property, movable or immovable, and any means and instruments of production;

(n)       “remuneration” includes salary and pension;

(o)       “Service of Gilgit-Baltistan” means any service, post or office in connection with the affairs of Gilgit-Baltistan including the Council, but does not include service as Chairman of the Council, Governor, Speaker, Deputy Speaker, Chief Minister, Minister, Federal Minister in-charge of the Council Secretariat or Advisor, Parliamentary Secretary, Advisor to the Minister or a member of the Assembly or member of the Council; and

(p)       “Speaker” means Speaker of the Assembly and includes any person acting as the Speaker of the Assembly.

(q)       “Vice Chairman of the Council” means the Governor of   Gilgit-Baltistan. (top)

 

PART. II-FUNDAMENTAL RIGHTS

 

3.  Security of person.- No person shall be deprived of liberty save in accordance with law.

4.   Safeguard as to arrest and detention.- (1)  No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice.

      (2)        Every person who is arrested and detained in custody shall be produced before the nearest Magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the Court of the Magistrate, and no such person shall be detained in custody beyond the said period without the authority of a Magistrate.

      (3)        Nothing in Clauses (1) and (2) shall apply to any person-

            (a)  who for the time being is an enemy alien, or

            (b) who is arrested or detained under any law   providing for preventive detention.

      (4)        No law providing for preventive detention shall authorize the detention of a person for a period exceeding three months unless the review board set up by the Government has reported before the expiration of the said period of three months that there is, in its opinion, sufficient cause for such detention.

      (5)        When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall as soon as may be, communicate to such person the grounds on which the order has been made, and shall afford him the earliest opportunity of making a representation against the order:

            Provided that the authority making any such order may refuse to disclose facts which such authority considers it to be against the public interest.

5.   Slavery and forced labour prohibited.- (1)  No person shall be held in slavery, and no law shall permit or in any way facilitate the introduction into Gilgit-Baltistan of slavery in any form.

(2)        All forms of forced labour are prohibited.

(3)        Nothing in this clause shall be deemed to affect compulsory service-

(a)        by persons undergoing punishment for offences under any law; or

(b)       required by any law for a public purpose.

6.   Protection against retrospective punishment.- No law shall authorize the punishment of a person-

(a)        for an act or omission that was not punishable by law at the time of the act or omission; or

(b)       for an offence by a penalty greater than, or of a kind different from the penalty prescribed by law for that offence at the time the offence was committed.

7.         Freedom of movement.- Subject to any reasonable restrictions imposed by law in the public interest, every citizen shall have the right to move freely throughout the Gilgit-Baltistan and to reside and settle in any part thereof.

8.         Freedom of assembly.- Every citizen shall have the right to assemble peacefully and without arms, subject to any reasonable restrictions imposed by law in the interest of morality or public order.

9.         Freedom of association.- (1)  Subject to this Order, every citizen shall have the right to form association or unions, subject to any reasonable restrictions imposed by law in the interest of morality or public order.

      (2)        No person or political party in the area comprising Gilgit-Baltistan shall propagate against, or take part in activities prejudicial or detrimental to the ideology of Pakistan.

10.       Freedom of trade, business or profession.- Every citizen possessing such qualifications, if any, as may be prescribed by law in relation to his profession or occupation shall have the right to enter upon any lawful profession or occupation, and to conduct any lawful trade or business:

      Provided that nothing in this Article shall prevent-

(a)        the regulation of any trade or profession by a licensing system; or

(b)       the regulation of trade, commerce or industry in the interest of free competition therein; or

(c)        the carrying on, by Government or the Council, or by a corporation controlled by Government or the Council, of any trade, business, industry or service, to the exclusion, complete or partial, or other persons.

11.       Freedom of speech.- Every citizen shall have the right to freedom of speech and expression, subject to any reasonable restrictions imposed by law in the interest of the security of area Gilgit-Baltistan, public order, decency or morality, or in relation to contempt of Court, commission of, or incitement to an offence.

12.       Freedom of religion.- Subject to law, public order and morality-

(a)        every citizen has the right to profess and practice his religion; and

(b)       every religious denomination and every sect thereof has the right to establish, maintain and manage its places of worship.

13.       Safeguard against taxation for purposes of any particular religion.- No person shall be compelled to pay any special tax the  proceeds of which are to be spent on the propagation or maintenance of any religion other than his own.

14.       Safeguard as to educational institutions in respect of religion etc.- (1)  No person attending any educational institution shall be required to receive religious instructions or take part in any religious ceremony, or attend religious worship, if such instruction, ceremony or worship relates to a religion other than his own.

(2)        No religious community or denomination shall be prevented from providing religious instruction for pupils of that community or denomination in any educational institution maintained wholly by that community or denomination.

      (3)        No citizen shall be denied admission to any educational institution receiving aid from public revenues on the ground only of race, religion, caste or place of birth.

(4)        In respect of any religious institution, there shall be no discrimination against any community in granting of exemption or concession in relation to taxation.

      (5)        Nothing in this paragraph shall prevent any public authority from making provision for the advancement of any society or educationally backward class.

15.       Provisions as to property.- Subject to any reasonable restrictions imposed by law in the public interest, every citizen shall have the right to acquire, hold and dispose of property.

16.       Protection of property.- (1)  No person shall be deprived of his property save in accordance with law.

(2)        No property shall be compulsorily acquired or taken possession of save for a public purpose, and save by the authority of law which provides for compensation therefore and either fixes the amount of compensation or specifies the principles on which and the manner in which compensation is to be determined and given.

(3)        Nothing in this clause shall, affect the validity of-

(a)        any law permitting the compulsory acquisition or taking possession of any property for preventing danger to life, property or public health; or

(b)       any law relating to the acquisition, administration or disposal of any property which is or is deemed to be evacuee property under any law; or

(c)        any law permitting the taking over of any property which has been acquired by, or come into the possession of, any person by any unfair means, or in any manner, contrary to law ; or

(d)       any law providing for the taking over of the management of any property by the Government for a limited period, either in the public interest or in order to secure the proper management of the property, or for the benefit of its owner; or

(e)        any law providing for the acquisition of any class of property for the purpose of-

(i)     providing education and medical aid to all or any specified class of citizen; or

(ii)    providing housing and public facilities and services such as roads, water supply, sewerage, gas and electric power to all or any specified class of citizen; or

(iii)   providing maintenance to those who, on account of unemployment, sickness, infirmity or old age, are unable to maintain themselves; or

(f)     any law in force immediately before the coming into force of this Order.

Explanation.- In clauses (2) and (3), the expression ‘property’ means immovable property, or any commercial or industrial undertaking, or any interest in any undertaking.

17.       Equality of citizens.- All citizens are equal before law and are entitled to equal protection of law.

18.       Non-discrimination in respect of access to public places.- In respect of access to places of public entertainment or resort, not intended for religious purposes only, there shall be no discrimination against any citizen on the ground only of race, religion, caste, sex or place of birth, but nothing herein shall be deemed to prevent the making of any special provision for women.

19.       Safeguard against discrimination in services.- No citizen otherwise qualified for appointment in the services of areas comprising Gilgit-Baltistan shall be discriminated against in respect of any such appointment on the ground only of race, religion, caste or sex:

            Provided that, in the interest of the said service, specified posts or services may be reserved for members of either sex. (top)

 

PART. III-GOVERNOR

 

20.       The Governor.- (1) There shall be a Governor of the Gilgit-Baltistan who shall be appointed by the President of Pakistan on the advice of the Prime Minister of Pakistan:

 

(a)     Notwithstanding any thing contained in this Order, the    Federal Minister for Kashmir Affairs and Gilgit-Baltistan      shall act as the Governor of Gilgit-Baltistan till the appointment of the first Governor.

 

(b)    provided that after the first election under this Order,       in the absence of Governor, the Speaker of Legislative   Assembly shall act as acting Governor.

(2)        A person shall not be appointed as Governor unless he is qualified to be elected as a member of the Assembly or the National Assembly of Pakistan and is not less than thirty five years of age.

 

(3)        The Governor shall hold office during the pleasure of the President and shall be entitled to such salary, allowances and privileges as the President may determine.

 

(4)        The Governor may, by writing under his hand addressed to the President, resign his office.

 

(5)        The President may make such provision as he thinks fit for the discharge of the functions of the Governor in any contingency not provided for in this Order.

 

(6)        Before entering upon office, the Governor shall make before the Chief Judge of the Gilgit-Baltistan Supreme Appellate Court an oath in the form set out in the First Schedule.

 

(7)        The Governor shall not hold any office of profit in the service of Gilgit-Baltistan or of Pakistan nor occupy any other position carrying the right to remuneration for the rendering of services.

 

(8)        The Governor shall not be a candidate for election as a member of the Assembly, and, if a member of the Assembly is appointed as Governor, his seat in the Assembly shall become vacant on the day he enters upon his office.

 

21.       Governor to act on advice, etc.- (1) Subject to this Order in the performance of his functions, the Governor shall act in accordance with the advice of the Cabinet or the Chief Minister:

            Provided that the Governor may require the Cabinet or, as the case may be, the Chief Minister to reconsider such advice, whether generally or otherwise, and the Governor shall act in accordance with the advice tendered after such reconsideration.

      (2)        The question whether any, and if so what, advice was tendered to the Governor by the Chief Minister or the Cabinet shall not be inquired into, by, any court, tribunal or other authority. (top)

 

PART. IV-THE GOVERNMENT

 

22.       The Government.-  (1) Subject to this Order, the executive authority of Gilgit-Baltistan shall be exercised in the name of the Governor by the Government through Cabinet consisting of the Chief Minister and the Ministers, which shall act through the Chief Minister who shall be the Chief Executive.

(2)        In the performance of his functions under this Order, the Chief Minister may act either directly or through the Ministers.

(3)        The Chief Minister and the Ministers shall be collectively responsible to the Assembly.

(4)        Orders and other instructions made and executed in the name of the Governor shall be authenticated in such manner as may be specified in rules to be made by the Government, and the validity of an order or instruction which is so authenticated shall not be questioned in any court on the ground that it is not an order or instruction made or executed by the Governor.

(5)        The Governor, in consultation with Chairman of the Council, may regulate the allocation and transaction of its business and may for the convenient transaction of that business delegate any of its functions to officers or authorities subordinate to it.

23.       The Chief Minister.-  (1)      The Assembly shall meet on the thirtieth day following the day on which a general election to the Assembly is held, unless sooner summoned by the Governor.

(2)        After the election of the Speaker, and the Deputy Speaker, the Assembly shall, to the exclusion of any other business, proceed to elect, without debate, one of its members to be the Chief Minister.

(3)       The Chief Minister shall be elected by the votes of the majority of the total membership of the Assembly;

            Provided that, if no member secures such majority in the first poll, a second poll shall be held between the members who secure the two highest numbers of votes in the first poll and the member who secures a majority of votes of the members present and voting shall be declared to have been elected as Chief Minister:

      Provided further that, if the number of votes secured by two members securing the highest number of votes is equal, further poll shall be held between them until one of them secures a majority of the members present and voting.

(4)        The member elected under clause (3) shall be invited by the Governor to assume the office of Chief Minister and he shall, before entering upon the office make before the Governor oath in the form set out in the First Schedule.

24.       Ministers.-  (1) The Governor  shall appoint Ministers from amongst the members of the Assembly on the advice of Chief Minister

      (2)        Before entering upon office, a Minister shall make before the Governor oath in the form set out in the First Schedule.

(3)        A Minister may, by writing under his hand addressed to the Chief Minister, resign his office or may be removed from office by the Chief Minister.

25.       Advisors to Chief Minister.- The Governor may, on the advice of Chief Minister, appoint not more then two Advisors on such term and conditions, as he may determine.

26.       Parliamentary Secretaries.-  (1) The Chief Minister may appoint Parliamentary Secretaries from amongst the members of the Assembly to perform such functions as may be prescribed.

(2)        A Parliamentary Secretary may, by writing under his hand addressed to the Chief Minister, resign his office or may be removed from office by the Chief Minister.

27.       Resignation of Chief Minister.-  (1) Subject to clause (2) the Chief Minister may, by writing under his hand addressed to the Governor, resign his office and, when the Chief Minister resigns, the Ministers shall cease to hold office.

      (2)        If the Assembly is in session at the time when the Chief Minister resigns his office, the Assembly shall forthwith proceed to elect a Chief Minister, and if the Assembly is not in session the Governor shall for that purpose summon it to meet within fourteen days of the resignation.  

28.       Vote of no-Confidence against Chief Minister.-  (1) A resolution for a vote of no-confidence moved by not less than twenty percent of the total membership of the Assembly may be passed against the Chief Minister by the Assembly.

 

      (2)        A resolution shall not be moved in the Assembly unless by the same resolution the name of another member of the Assembly is put forward as the successor.

      (3)        A resolution shall not be moved in the Assembly while the Assembly is considering demands for grants submitted to it in the Annual Budget.

      (4)        A resolution shall not be voted upon before the expiration of three days, or later than seven days, from the date on which it is moved in the Assembly.

(5)        If the resolution is passed by majority of the total membership of the Assembly, the Chief Minister and the Ministers appointed by him shall cease to hold office. 

(6)        If a resolution is not passed another such resolution shall not be moved until a period of six months has elapsed.

29.       Chief Minister Continuing in Office.- The Governor may ask the Chief Minister to continue to hold office until his successor enters upon the office of the Chief Minister. 

30.       Minister performing functions of Chief Minister.-      (1)        In the event of the death of the Chief Minister or the office of the Chief Minister becoming vacant by reason of his ceasing to be member of the Assembly or he resigns his office, the most senior Minister for the time being shall be called upon by the Governor to perform the functions of that office and the Minister shall continue in office until a new Chief Minister has been elected and has entered upon his office. 

 (2)       If the Assembly is in session at the time when the Chief Minister dies or the office of the Chief Minster becomes vacant, the Assembly shall forthwith proceed to elect a Chief Minister, and if the Assembly is not in session the Governor shall for that purpose summon it to meet within fourteen days of the death of the Chief Minister or, as the case may be, of the office becoming vacant.

(3)        When, for any reason, the Chief Minister is unable to perform his functions, the most senior Minister for the time being shall perform functions of Chief Minister until the Chief Minister resumes his functions. 

(4)        In this Article ‘most senior Minister’ means the Minister for the time being designated as such by the Chief Minister by notification in the official Gazette.

31.       Extent of Executive Authority of Government.-  (1)  Subject to this Order, the executive authority of the Government shall extend to the matters with respect to which the Assembly has power to make laws.

(2)        The executive authority of the Government shall be so exercised as to secure compliance with the laws made by the Council and Pakistan laws.

      (3)        Notwithstanding anything contained in this Order, the Government may with the consent of the Council, entrust, either conditionally or unconditionally, to the Council, or to its officers function in relation to any matter which the executive authority of the Government extends.

32.       Advocate General.-  (1) The Governor shall appoint a citizen, being a person qualified to be appointed as Judge of the Gilgit-Baltistan Chief Court, to be the Advocate General for Gilgit-Baltistan.

(2)        It shall be the duty of the Advocate General to give advice to Government upon such legal matter, and to perform such other duties of a legal character, as may be referred or assigned to him by the Government.

(3)        The Advocate General shall hold office during the pleasure of the Governor.

(4)        The Advocate General may, by writing under his hand addressed to the Governor resign his office.

 

(5)        The person holding the office as Advocate General immediately before the commencement of this Order shall be deemed to be the Advocate General, appointed under this Order. (top)

PART. V-GILGIT-BALTISTAN COUNCIL

 

33.       Gilgit-Baltistan Council.-  (1)  There shall be a Gilgit-Baltistan Council consisting of.-

 

(a)

the Prime Minister of Pakistan;

 

(b)

the Governor;

 

(c)

six members nominated by the Prime Minister of Pakistan from time to time from amongst Federal Ministers and members of Parliament:

 

Provided that the Federal Minister for Kashmir Affairs and Gilgit-Baltistan shall be an ex officio member and Minister Incharge of the Council:

 

(d)

the Chief Minister of Gilgit-Baltistan;

 

(e)

six members to be elected by the Assembly in accordance with the system of proportional representation by means of a single transferable vote.

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