72.-(1) Save as in this Constitution otherwise expressly provided, all questions in the National Assembly shall be determined by a majority of votes of the members present and voting, other than the Speaker, or the person acting as such, who shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes.

(2) The National Assembly shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the Assembly shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled to do so, sat or voted or otherwise took part in the proceedings.

(3) If at any time during a meeting of the National Assembly less than forty members are present, it shall be the duty of the Speaker, or the person acting as such, either to adjourn the Assembly, or to suspend the meeting until at least forty members are present.

73. The provisions of the last preceding Article shall have effect notwithstanding that all or a majority of the members of the National Assembly from a Province fail to participate in the proceedings of the Assembly, and any proceedings in the Assembly shall be valid notwithstanding the absence of such members.

Provisions as to Members of the National Assembly

74. A person who is a member of the National Assembly shall not sit or vote in the Assembly until he makes before the President an oath in such form set out in the Second Schedule as is applicable to his office.

75.-(1) If a member of the National Assembly

(a) becomes subject to any of the disqualifications mentioned in the next succeeding Article, or

(b) by writing under his hand addressed to the President resigns his seat,

his seat shall become vacant.

(2) If for sixty days a member of the National Assembly is, without permission of the Assembly, absent from all meetings thereof, the Assembly may declare his seat vacant :

Provided that in computing the said period of sixty days, no account shall be taken of any period during which the Assembly is prorogued, or is adjourned for more than four cansecutive days.

76.-(1) A person shall be disqualified from being elected as, and from being, a member of the National Assembly if—

(a) he is of unsound mind and has been so declared by a competent court; or

(b) he is an undischarged insolvent; or

(c) he has been, after the twentieth day of December, 1971, on conviction for any offence, sentenced to transporation for any term or to imprisonment for a term of not les than two years, unless a period of five years, or such less period as the President may allow in any particular case, has elapsed since his release; or

(d) he has been dismissed for misconduct from the service of Pakistan, unless a period of five years, or such less period as the President may allow in any particular case, has elapsed since his dismissal; or

(e) he, whether by himself or by any person or body of persons in trust for him or for his benefit or in his account or as a member of a Hindu undivided family, has any share or interest in a contract, not being a contract between a co-operative society and Government, for the supply of goods to, or for the execution of any work or the performance of any service undertaken by Government:

Provided that the difqualification nnder this paragraph shall not apply to a person

(i) where the share or interest in the contract devolves on him by inheritance or succession or as a legatee, executor or administrator, until the expiration of six months after it has so devolved on him, or such longer period as the President may in any particular case allow ; or

(ii) where the contract has been entered into by or on behalf of a public company as defined in the Companies Act, 1913, of which he is share-holder but is neither a director nor a person holding an office of profit under the company nor a managing agent ; or

(iii) where he is amember of a Hindu undivided family and the contract has been entered into by any other member of that family in the course of carrying on a separate business in which he has no share or interest; or

(f) he holds any office of profit in the service of Pakistan other than an office which is not a whole time office remunerated either by salary or by fee :

Provided that for the purpose of this paragraph an office of profit in the service of Pakistan does not include

(i) the office of President;

(ii) the office of Vice-President;

(iii) the office of Governor ;

(iv) the office of member of the President's Council of Ministers;

(v) the office of Minister of State;

(vi)

the office of Adviser to the President;

(vii) the office of member of a Governor's Council of Ministers; (viii) the office of Adviser to a Governor;

(ix) the office of Special Assistant to the President, when held by a person who is not a member of a regular service :

(x)

the office of Ambassador of Pakistan in a foreign country,
when held by a person who is not a member of a regular
service

(xi) the office of Lambardar, Inamdar, Sufedposh and Zaildar,
whether called by this or any other title;

(xii) Reserves of the Armed Forces, howsoever described; (xiii) the Razakars;

(xiv) any office the holder whereof, by virtue of holding such office, is liable to be called up for military training or military service under any law providing for the constitution or raising of a force;

(xv) any other office which is declared by Act of the Federal Legislature not to disqualify its holder from being elected as, or from being a member of the National Assembly or a Provincial Assembly.

(2) For the avoidance of doubt, it is hereby declared that a Judge of the Supreme Court or a High Court, the Auditor-General, the Attorney-General and an Advocate-General are persons holding office of profit in the service of Pakistan.

(3) If any question arises whether a member of the National Assembly has, after his election, become disqualified from being a member of the Assembly, the Speaker of the Assembly shall refer the question to the Chief Election Commissioner, and if the Chief Election Commissioner is of the opinion that the member has become disqualified, the member shall cease to be a member.

(4) A person shall be disqualified from being elected as a member of the National Assembly while he is serving a sentence of transportation or of imprisonment of more than two years for a criminal offence.

77. If a person sits or votes as a member of the National Assembly when he is not qualified or is disqualified for membership thereof, he shall be liable, on being sued by any citizen, in respect of each day on which he so sits or votes, to a penalty of five hundred rupees, to be recovered as a debt to the Federation.

78.-(1) Subject to the provisions of this Constitution and to the rules of procedure of the National Assembly, there shall be freedom of speech in the Assembly, and no member of the Assembly shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the Assembly or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of the Assembly of any report, paper, votes or proceedings.

(2) In other respects, the privileges of members of the National Assembly shall be such as may form time to time be defined by Act of the Federal Legislature, and until so defined, shall be such as were, immediately before the commencing day, enjoyed by members of the National Assembly.

Penalty for sitting and voting when not qualified or when disqualified.

Privileges of members, etc

Salaries and allowances of members.

Provision as to pending Bills.

President's assent to Bills.

(3) Nothing in any existing law, and notwithstanding anything in the foregoing provisions of this Article, nothing in this Constitution shall be construed as conferring, or empowering the Federal Legislature to confer, on the National Assembly or any committee or officer of the Assembly, the status of a court, or any punitive or disciplinary powers other than the power to remove or exclude persons infringing the rules or otherwise behaving in a disorderly manner.

(4) Provision may be made by Act of the Federal Legislature for the punishment, on conviction before a court, of persons who refuse to give evidence or produce documents before a committee of the National Assembly when duly required by the chairman of the committee so to do :

Provided that any such Act shall have effect subject to such rules for regulating the attendance before such committees of persons who are, or have been, in the service of Pakistan, and safeguarding confidential matter from disclosure, as may be made by the President.

(5) The provisions of this Article shall apply to persons who have the right to speak in, and otherwise to take part in the proceedings of the National Assembly or any committee thereof, as they apply to members of the Assembly.

79. The salaries and allowances of members of the National Assembly shall be such as may from time to time be defined by Act of the Federal Legislature, and until so defined, shall be sucn as were admissible to members of the National Assembly immediately before the commencing day.

Legislative Procedure

80.-(1) A Bill pending in the National Assembly shall not lapse by reason of the prorogation of the Assembly.

(2) A Bill which is pending in the National Assembly shall lapse on the dissolution of the Assembly.

81.-(1) When a Bill has been passed by the National Assembly, it shall be presented to the President, and the President shall declare either that he assents to the Bill, or that he withholds assent thereform:

Provided that the President may return the Bill to the Assembly with a message requesting that the Assembly will reconsider the Bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message.

(2) When the President has declared that he withholds assent from a Bill, the National Assembly shall be competent to reconsider the Bill, and if it is again passed, with or without amendment, by the Assembly, by a majority of votes of the members present and voting, it shall be again presented to the President, and the President shall assent thereto :

Provided that the number of members constituting the majority is not less than seventy-five.

(3) When the President has returned a Bill to the National Assembly, it shall be reconsidered by the Assembly, and if it is again passed, with or without amendment, by the Assembly, by such majority of votes as is required under clause (2), it shall be again presented to the Pres dent, and the President shall assent thereto.

Procedure in Financial Matters

82.-(1) All revenues received and all loans raised by the Federal Governmnet, and all moneys received by the Federal Government in repayment of any loan. shall form part of one consolidated fund, to be known as the Federal Consolidated Fund.

(2) All other moneys received by or on behalf of the Federal Government shall be credited to the Public Account of the Federation.

(3) All moneys received by or deposited with the Supreme Court, or any other court established under the authority of the Federation. shall also be credited no the Public Account of the Federation.

83. The custody of the Federal Consolidated Fund, the payment of moneys into, and the withdrawal of moneys from, that Fund, and the custody of other moneys received or deposited under clause (2) or clause (3) of the last preceding Article, their payment into the Public Account of the Federation, and the withdrawal of such moneys from such Account, all matters connected with or ancillary to the aforesaid matters, shall be regulated by or under Act of the Federal Legislature, or until provision in that behalf is so made, by rules made by the President,

84. (1) The President shall, in respect of every financial year, cause to be laid before the National Assembly, a statement of the estimated receipts and expenditure of the Federation for that year, hereafter in this Chapter referred to as the Annual Budget Statement.

(2) The estimates of expenditure embodied in the Annual Budget Statement shall show separately

(a) the sums required to meet expenditure described by this Constitution as expenditure charged upon the Federal Consolidated Fund, and

(b) the sums required to meet another expenditure proposed to be made from the Federal Consolidated Fund,

and shall distinguish expenditure on revenue account from other expenditure.

(3) The following expenditure shall be expenditure charged on the Federal Consolidated Fund:

(a) the salary, allowances and pension of the President and other expenditure relating to his office;

(c) the salary and allowances of the Vice-President and other expenditure relating to his office;

(c) the salaries and allowances of the President of the National Assembly, and the Speaker and Deputy Speaker of the National Assembly;

(d) the salaries, allowances and pensions payable to or in respect of Judges of the Supreme Court;

(e) the salaries and allowances of the Attorney-General ;

(f) the salaries and allowances of members of the Election Commission, members of the Federal Public Service Commission, and the Auditor-General ;

Federal

Consolilada-
ted Fund and
Public
Account,

Custody, etc. of public money of Federal Government

Annual
Budget
Statement.