Monday, May 28, 2018

Objectionable contents of the GOP order-2018 - Requiring wide consultation with populations and Intellectuals in GB


3. Elimination of exploitation.- The Government shall ensure the elimination of all forms of exploitation and the gradual fulfilment of the fundamental principle, from each according to his ability to each according to his work.

5. Obedience to this Order.- Obedience to this Order and law is the inviolable obligation of every citizen, wherever he may be, and of every other person for the time being within Gilgit-Baltistan.

7 Laws inconsistent with or in derogation of Fundamental Rights to be void.-(1) Any law, or any custom or usage having the force of law, in so far as it is inconsistent with the rights conferred by this Chapter, shall, to the extent of such inconsistency, be void.

(2) The Government shall not make any law which takes away or abridges the rights so conferred and any law made in contravention of this clause shall,to the extent of such contravention, be void.

(3) The Provisions of this section shall not apply to any law relating to members of the Armed Forces, or of the Police or of such other forces as are charged with the maintenance of public order, for the purpose of ensuring the proper discharge of their duties or the maintenance of discipline among them and no such law nor any provision thereof shall be void on the ground that such law or provision is inconsistent with, or repugnant to, any provision of this Chapter.

(4) The rights conferred by this Chapter shall not be suspended except as expressly provided by this Order.

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

43. Conduct of business of Government. (1) All executive actions of the Government shall be expressed to be taken in the name of the Governor.

46. Exer cise of Powers by the Prime Minister.- The Prime Minister shall perform his functions and exercise his powers in such manner as may be prescribed by rules made by the President

60. Legislative Powers.- (1) Subject to this Order, both the Prime Minister and the Assembly shall have the power to make laws,-

(3) The Prime Minister shall have the powers to adopt any amendment in the existing laws or any new law in force in Pakistan subject to the legislative competence under sub-section (2).

61. Obligation of the Prime Minister and the Government.- (1) The executive authority of the Government shall be so exercised as to secure compliance with the laws made by the Prime Minister which apply thereon.

62. Directions to Government in certain cas es. (1) The executive authority of the Government shall be so exercised as not to impede or prejudice the exercise of the executive authority of the Prime Minister, and the executive authority of the Prime Minister shall extend to the giving of such directions to the Government as may appear to the Prime Minister to be necessary for that purpose.

(2) The executive authority of the Prime Minister shall also extend to the giving of directions to the Government as to the construction and maintenance of means of communication declared in the direction to be of national or strategic importance.

(3) The executive authority of the Prime Minister shall also extend to the giving of directions to the Government as to the manner in which the executive authority thereof is to be exercised for the purpose of preventing any grave menace to the peace or tranquility or economic life of Gilgit-Baltistan or any part there

64. Acquisition of land.- The Government of Pakistan may, if it deems necessary to acquire any land situate in Gilgit-Baltistan for any purpose, require the Government to acquire the land on behalf, and at the expense, of the Government of Pakistan or, if the land belongs to the Government, to transfer it to the Government of Pakistan on such terms as may be agreed mutually.

102. Power to issue proclamation.- (1) If the Prime Minister, on receipt of a report fromGovernor or otherwise, is satisfiedthat grave emergency exists in whichthe security of Gilgit -Baltistan is threatened by war or external aggression or by internal disturbances, in which the Government cannot be carried on in accordance with the provisions of this Order, the Prime Minister shall issue Proclamation of Emergency, hereinafter referredto as the Proclamation.

(2) On the issuance of the Proclamation the Prime Minister may assume to himself, or direct the Governor to assume on behalf of the Prime Minister, all or any of the functions of the Government, and all or any of the powers vested in, or exercisable by, any body or authority in the Gilgit-Baltistan, other than the Assembly
GOP order 2018 on GB
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