FOURTH SCHEDULE

[Article 138]

Legislative Lists

LIST I.-FEDERAL LEGISLATIVE LIST

1. The defence of the Federation or any part thereof in peace or war; the naval, military and air forces of the Federation and any other armed force raised or maintained by the Federation; any armed forces which are not forces of the Federation but are attached to or operating with any of the armed forces of the Federation including civil armed forces; central intelligence bureau; preventive detention for reasons of State connected with defence, external affairs, or the security of Pakistan or any part thereof; persons subjected to such detention.

2. Naval, military and air force works; local self-government in cantonment areas, the constitution and powers within such areas of cantonment authorities, the regulation of house accommodation in such areas, and the delimitation of such areas.

3. External affairs; the implementing of treaties and agreements with other countries; extradition, including the surrender of criminals and accused persons to Governments outside Pakistan.

4, Ecclesiastic affairs, including European cemeteries.

5. Currency, coinage, and legal tender.

6. Public debt of the Federation, including the borrowing of money security of the Federal Consolidated Fund, and foreign loans.

on the

7. Posts and telegraphs, including telephones, wireless, broadcasting, and

other like forms of communication; Post Office Savings Bank.

8. Federal Public Services and Federal Public Service Commission.

9. Federal pensions, that is to say, pensions payable by the Federation or out of the Federal Consolidated Fund.

10. Works, land and buildings vested in, or in the possession of Government for the purposes of the Federation (not being naval, military or air force works), but, as regards property situate in a Province, subject always to Provincial legislation, save in so far as Federal law otherwise provides.

11. Libraries, museums, and similar institutions controlled or financed by the Federation.

12. Federal agencies and institutes for the following purposes, that is to say, for research, for professional or technical training, or for the promotion of special studies.

13. The setting up and carrying on of labour exchanges, employment information bureaus and training establishments.

14. Federal Surveys and Federal metereological organisations.

15: Ancient and histrical monuments, archaeological sites and remains. Census.

16.

17. Admission into and emigration and expulsion from, Pakistan, including in relation thereto the regulation of the movements in Pakistan of persons not domiciled in Pakistan, pilgrimages to places beyond Pakistan.

18. Port quarantine, seamen's and marine hospitals, and hospitals connec ted with port quarantine.

19. Import and export across customs frontiers as defined by the Federal Government, trade and commerce between the Provinces and foreign countries; standard of quality of goods to be exported out of Pakistan.

20.

Railways.

Maritime shipping and navigation, including shipping and navigation on tidal waters; Admiralty jurisdiction.

22. Major ports, that is to say, the declaration and delimitation of such ports, and the consitution and powers of port authorities therein.

23. Fishing and fisheries beyond territorial waters.

24.

Aircraft and air navigation; the provision of aerodromes; regulation and organisation of air traffic and of aerodromes.

25. Lighthouses, including lightships, beacons and other provisions for the safety of shipping and aircraft.

26. Carriage of passengers and goods by sea or by air.

27. Copyright, inventions, designs, trade-marks and merchandise marks.

28. Foreign Exchange; cheques, bills of exchange, promissory notes end other like instruments.

29. Arms, firearms; ammunition,

30. Explosive.

31. Opium, so far as regards cultivation and manufacture, or sale for export.

32. Mineral oil and natural gas; liquids and substances declared by Federal law to be dangerously inflammable..

33. Corporations, that is to say, the incorporation, regulation and windingup of trading corporations, including banking, insurance and financial corporations, but not including corporations owned or controlled by a Province and carrying on business only within that Province or co-operative societies, and of corporations, whether trading or not, with objects not confined to one unit, but not iucluding universities,

34. Devlopment of industries, where development under Federal control is declared by Federal law to be expedient in the public interest; institutions, establishments, bodies, and corporations and corporations administered or managed by on behalf of the President immediately before the commencing day, including the West Pakistan Industrial Development Corporation; all undertakings, projects and schemes of such institutions, establishments, bodies and corporations; projects and undertakings owned wholly or partially by the Federation or by a corporation set up by the Federation.

35. Regulation of safety in mines and oilfields.

36. Nuclear energy, including

(a) mineral resources necessary for the generation of nuclear energy;

(b) the production of nuclear fuels and the generation and use of unclear energy; and

(c) ionizing radiations.

37. The law of insurance, except as a respects insurance underaken by a Province, and the regulation of the conduct of insurance business, except as respects business undertaken by a Province; Government insurance, except so for as undertaken by a Province, by virtue of any entry in the Provincial Legislative List.

38. State Bank of Pakistan; banking, that is to say, the conduct of banking business by corporations other than corporations owned or controlled by a Province and carrying on business only within that Province.

39. Stock exchanges and futures markets with objects and business not con fined to one province.

40. Extension of the powers and jurisdiction of members of a police force belonging to any province to any area in another Province, but not so as to enable the police of one Province to exercise powers and jurisdiction in another Province without the consent of the Government of that Province; extension of the powers and jurisdiction of members of a police force belonging to any unit to railway areas outside that unit.

41. Elections to the offices of President and Vice-President, to the National Assembly and the Provincial Assemblies, Chief Election Commissioner and Election Commissions.

42. The salaries, allowances and privileges of the President, Vice-President, President of the National Assembly, President's Ministers, Ministers of State and of the Speaker and Deputy Speaker of the National Assembly; the salaries, allowances and privileges of the members of the National Assembly, and the punishment of persons who refuse to give evidence or produce documents before Committees thereof.

43. Offices against laws with respect to any of the matters in this List.

44. Inquiries and statistics for the purposes of any of the matters in this List.

45. Duties of customs, including export duties.

46. Duties of excise, not including duties on alcoholic liquors, opium and other narcotics.

47, Taxes on income other than agricultural income.

48. Taxes on corporations.

49. Taxes and duties on the production capacity of any plant, machinery, undertaking, establishment or installation in lieu of the taxes and dutiee specifled in entries 46, 47, 48 and 56 or in lieu of any one or more of them.

50. Salt.

51. State lotteries.

52. Nationality, citizenship and naturalization.

53. Migration within Pakistan from or into a Province or the Capital of the Federation.

54. Establishment of standards of weights and measures.

55. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this list and, to such extent as is expressly authorized by or under this Constitution, the enlargement of the jurisdiction of the Supreme Court, and the conferring thereon of supplemental powers.

56. Taxes on sales and purchases.

57. Taxes on the capital value of assets, not including taxes on capital gains on immovable property.

Duties in respect of succession to property.

59. Estate duty in respect of property.

60. Taxes on mineral oil, natural gas and minerals for use in the generation of nuclear energy.

61. Terminal taxes on goods or passengers carried by railway, sea or air; taxes on their fares and freights.

62. Fees in respect of any of the matters in this List, but not including fees taken in any Court.

63. National planning and national economic co-ordination.

64.

65.

Administrative Courts.

Matters which under this Constitution are within the legislative competence of the Federal legislature or relate to the Federation.

66. Matters incidental or ancillary to any matter enumerated in this List.

LIST II.-PROVINCIAL LEGISLATIVE LIST

1. Public order (but not including the use of naval, military or air force in aid of the civil power); the administration of justice; constitution and organization of all courts, except the Supreme Court, and fees taken therein.

2. Jurisdictian and powers of all courts except the Supreme Court with respect to any of the matters in the List; procedure in Rent and Revenue Courts. 3. Police, including railway and village police.

4. Prisons, reformatories, Borstal institutions and other institutions of a like nature, and persons detained therein; arrangements with other units for the use of prisons and other institution.

5. public debt for the Province.

7. Provincial Public Services and Provincial Public Commissions.

7. Provincial pensions, that is to say, pensions payable by the Province or out of the Provincial Consolidated Fund.

8. Works. lands and buildings vested in or in the possession of the Federation for the purpose of the Province subject to List I.

10. Libraries, museums and other similar institutions controlled or financed by the Province.

11. The salaries, allowances and privileges of the Governor, Governor's Ministers, of the Speaker and Deputy Speaker of the Provincial Assembly, the salaries, allowances and privileges of members of the Provincial Assembly; and, to such extent as is expressly authorized by this Constitution, the punishment of persons who refuse to give evidence or produse documents before Committees of the Provincial Assembly.

12. Local Government, that is to say, the constitution and powers of municipal corporations, improvement trusts, district boards, mining settlement authorities and local authorities for the purpose of local self-government or village administration.

13. Public health and sanitation; hospitals and dispensaries; registration of births and deaths.

14. Pilgrimages, other than pilgrimages to places beyond Pakistan.

15. Burials and burial grounds.

16. Education, including universities.

17. Communications, that is to say, roads. bridges, ferries, and other means of communication not specified in List I; municipal tramways; ropeways; inland waterways and traffiic thereon subject to the provisions of List III with regard to such waterways; ports, subject to the provisions in List I with regard to major ports; vechicles other than mechanically propelled vehicles.

18. Water, that is to say, water supplies, irrigation and canals, drainage and embankment, water storage and water power, subject to the provisions of List I.

19. Agriculture, including agricultural education and research, protection against pests and prevention of plant diseases; improvement of stock and prevention of animal diseases; veterinary training and pratice; pounds and the prevention of cattle trespass.

20. Land, that is to say, rights in or over land, land tenures, including the relation of landlord and tenant and the collection of rents; transfer, alienation and devolution of agricultural land; land improvement and agricultural loans; colonization; Courts of Wards; encumbered and attached estates; treasure trove.

21. Forests.

22. Regulation of mines and minerals, subject to the provisions of List I.

23. Fisheries.

24. Protection of wild birds and wild animals.