GOVERNMENT OF PAKISTAN

GOVERNMENT OF PAKISTAN

MINISTRY OF FINANCE

NOTIFICATION

Islamabad, the 16th March, 1970

CUSTOMS

S.R.O. 53(I)/70.- In exercise of the powers conferred by section 19 of the Customs Act, 1969 (IV of 1969), the Federal Government is pleased to exempt from whole of the customs-duties all articles of household and personal effects including motor vehicles imported for the personal use by the Ruler of any of the Gulf Sheikhdoms who is in possession of residential accommodation in Pakistan and goods including vehicles imported by the United Arab Emirates dignitaries as listed in the table below for their personal use and also for donation to welfare projects establised in Pakistan subject to the following conditions, namely-

(i) No such articles shall be sold or otherwise disposed of without the prior consent in writing of the Central Board of Revenue.

(ii) No such articles shall be sold or otherwise disposed of within two years of its importation into Pakistan.

(iii) Any article other than a motor vehicle, sold or otherwise disposed of before the expiration of four years from its importation shall be liable to the payment of customs-duties which would have been leviable at the time of importation.

(iv) A motor vehicle shall not be sold or otherwise disposed of in Pakistan before expiration of five years from the date of its importation wihtout payment of Customs-duties at the following rates, namely:-

(a) If it is sold or otherwise disposed of before the expiration of threeThe whole duty which would have years from the date of its imporation been leviable at the time of its importation.

(b) If it is sold or otherwise disposed of after the expiration of four 45 per cent of the duty which would years, from the date of its importation. have been so leviable as aforesaid.

(c) If it is sold or otherwise disposed of after the expiration of four years, 25 per cent of the duty which would but before the expiration of five years from the date of its importation. have been so leviable as aforesaid.

TABLE

1. H.H. Sheikh Khalifa Bin Zayed Al-Nahyan, Crown Prince of Abu Dhabi and Deputy Supreme Commander of UAE Armed Force.

2. H.E. Sheikh Suroor Bin Mohammad Al-Nahyan, Chamberlain of the Presidential Court, Abu Dhabi.

3. H.E. Sheikh Mohammad Bin Khalid Al-Nahyan, Member of the ruling family of Abu Dhabi.

4. H.E. Sheikh Mubarak Bin Mohammad Al-Nayhan, Member of the ruling family of Abu Dhabi.

5. H.E. Sheikh Sultan Bin Hamadan Al Nahyan, Member of the ruling family of Abu Dhabi.

6. H.H. General Sheikh Mohammad Bin Zayed Al-Nahyan, Chief of Staff of UAE Armed Forces.

7. H.E. Sheikh Tahnoun Bin Mohammad Al-Nahyan, Member of the rling family of Abu Bhabi.

[C.No. 9(70) cus Ex/68] ABID HUSAIN

As amended Joint Sercetary

S.R.O.418(I)/96, - dated 13.06.1996 S.R.O.623(I)/96, - dated 23.07.1996

S.R.O.____(I)/96, - dated 25.08.1996 S.R.O.1363(I)/98, - dated 10.12.1998

NATIONAL ASSEMBLY OF PAKISTAN

Islamabad, the 12th September, 1972

ACT NO IX OF 1972

An Act to give effect in Pakistan to the Vienna Convention on Diplomatic Relations, 1961, and the Vienna Convention on Consular Relations, 1963.

WHEREAS Pakistan has acceded to the Vienna Convention on Diplomatic Relations, 1961, and the Vienna Convention on Consular Relations, 1963;

AND WHEREAS it is necessary to give effect in Pakistan to the said Vienna Conentions;

It is hereby enacted as follows:-

1. Short title, extent and commencement.- (1) This may be called the Diplomatic and Consular Privileges Act, 1972.

(2) It extends to the whole of Pakistan.

(3) It shall come into force at once.

2. Provisions of Conventions to have force of law.- (1) Notwithstanding anything to the contrary contained in any other law for the time being in force, the provisions of the Vienna Convention on Diplomatic Relations, 1961, set out in the First Schedule and the Vienna Convention on Consular Relations, 1963, set out in the Second Schedule shall, subject to the other provisions of this Act, have the force of law in Pakistan.

(2) For the purposes of Article 32 of the Convention set out in the First Schedule, a waiver by the head of the mission of any State or any person for the time being performing his functions shall be deemed to be a waiver by that State.

(3) For the purposes of Article 45 of the Convention set out in the Second Schedule and of that Article as applied by Article 58 of that Convention, a waiver shall be deemed to have been expressed by a state if it has been expressed by the head of the diplomatic mission of that State or by any person for the time being performing his functions or, if there is no such mission, by the head of the consular post concerned.

(4) Articles 35, 36 and 40 of the convention set out in the First Schedule, and Articles 50,51,52,54, 62 and 67 of the Convention set out in the Second Schedule, shall be construed as granting any privilege or immunity which they require to be granted.

3. Restriction of Privileges and immunities.- If it appears to the Federal Government that the privileges and immunities, accorded to the mission or a consular post of Pakistan in the territory of any State, or to persons connected with that mission or consular post, are less than those conferred by this Act on the mission or a Consular post of that State or on persons connected with that mission or consular post, the Federal Government may, by notification in the official Gazette, withdraw such of the privileges and immunities so conferred from the mission of that State or, as the case may be from all or any of the consular posts of that State, or, as from such persons connected there with as it may deem fit.

4. Certificate of Federal Govermment.- If any question arises whether or not any person is entitled to any privilege or immunity under this Act, a certificate issued by or under the authority of the Federal Government stating any fact relating to that question shall be conclusive evidence of that fact.

5. Power to amend schedules.- The Federal Government may, by notification in the official Gazette, amend either of the Schedules in conformity with any amendment duly made in the provisions of the Convention set out therein.

6. Repeal.- The Diplomatic and Consular Privileges Ordinance, 1972 (XV of 1972), is hereby repealed.

THE FIRST SCHEDULE

[See section 2 (1)]

ARTICLE 1

For the purposes of the present Convention, the following expressions shall have the meanings hereunder assigned to them:

(a) the “head of the Mission” is the person charged by the sending State with the duty of acting in that capacity;

(b) the “members of the mission” are the head of the mission and the members of the staff of the mission;

(c) the “members of the staff of the mission” and the members of the diplomatic staff of the administrative and technical staff and of the service staff of the mission;

(d) the “member of the diplomatic staff” are the members of the mission having diplomatic rank;

(e) a “diplomatic agent” is the head of the mission or a member of the diplomatic staff of the mission;

(f) the “members of the administrative and technical staff” are the members of the staff of the mission employed in the administrative and technical service of the mission;

(g) the “members of the service staff” are the members of the staff of the mission in the domestic service of the mission;

(h) a “private servant” is a person who is in the domestic service of a member of the mission and who is not an employee of the sending State;

(i) the “premises of the mission” are the buildings or parts of buildinggs and the land ancillary thereto, irrespective of ownership, used for the purposes of the mission including the residence of the head of the mission.

ARTICLE 22

1. The premises of the mission shall be inviolable. The agents of the receiving State may not enter them, except with the consent of the head of the mission.

2. The receiving State is under a special duty to take all appropriate steps to protect the premises of the mission against any intrusion or damage and to prevent any disturbance of the peace of the mission or impairment of its dignity.

3. The premises of the mission, their furnishings and other property thereon and the means of transport of the mission shall be immune from search, requisition, attachment or execution.

ARTICLE 23

1. The sending State and the head of the mission shall be exempt from all national, regional, or municipal dues and taexes in respect of the permises of the mission, whether owned or leased, other than such as represent payment for specific services rendered.

2. The exemption from taxation referred to in this Article shall not apply to such dues and taxes payable under the law of the receiving State by persons contracting with the sending State or the head of the mission.

ARTICLE 24

The archives and documents of the mission shall be inviolable at any time and wherever they may be.

ARTICLE 27

1. The receiving State shall permit and protect free communication on the part of the mission for all official purposes. In communicating with the government and the other missions and consulates of the sending state wherever situated, the mission and employ all appropriate means, including diplomatic couriers and messages in code or cypher. However, the mission may install and use a wireless transmitter only with the consent of the receiving State.

2. The official correspondence of the mission shall be inviolable. Official correspondence means all correspondence relating to the mission and its functions.

3. The diplomatic bag shall not be opened or detained.

4. The packages constituting the diplomatic bag must bear visible external marks of their character and may contain only diplomatic documents or articles intended for official use.

5. The sending State or the mission may designate diplomatic couriers ad hoc. In such cases the provisions of paragraph 5 of constituting the diplomatic bag, shall be protected by the receiving State in the performance of his function. He shall enjoy personal inviolability and shall not be liable to any form of arrest or detention.

6. the sending State or the mission amy designate diplomatic couriers ad hoc. In such cases the provision of paragraph 5 of this Article shall also apply, except that the immunities therein mentioned shall cease to apply when such a courier has delivered to the consignee the diplomatic bag in his charge.

7. A diplomatic bag may be ntrusted to the captain of a commercial aircraft scheduled to land at an authorized port of entry. He shall be provided with an official document indicating the number of packages constituting the bag but he shall not be considered to be a diplomatic courier. The mission may send one of its members to take possession of the diplomatic bag directly and freely from the captain of the aircraft.

ARTICLE 28

The fees and charges levied by the mission in the course of its official duties shall be exempt from all dues and taxes.

ARTICLES 29

The person of a diplomatic agent shall be inviolable. He shall not be liable to any form of arrest or detention. The receiving State shall treat him with due respect and shall take all appropriate steps to pervent any attack on his person, freedom or dignity.

ARTICLE 30

1. The private residence of a diplomatic agent shall enjoy the same inviolability and protection as the permises of the mission.

2. His papers, correspondence and, except as provided in paragraph 3 of Article 31, his property shall likewise engoy inviolability.

ARTICLE 31

1. A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State. He shall also enjoy immunity from its civil and administrative jurisdiction, except in the case of:

(a) a real action relating to private immovable property situated in the territory of the receiving State, unless he holds it on behalf of the sending State for the purposes of the mission;

(b) an action relating to succession in which the diplomatic agent is involved as executor, administrator, heir or legatee as a private person and not on behalf of the sending State;

(c) an action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his offical functions.

2. A diplomatic agent is not obliged to give evidence as a witness.

3. No measures of execution may be taken in respect of a diplomatic agent except in the cases coming under sub-paragraphs (a),(b) and (c) of paragraph 1 of this Article, and provided that the measures concerned can be taken without infringing the inviolability of his person or of his rresidence.

4. The immunity of a diplomatic agent from the jurisdiction of the receiving State does not exempt him from the jurisdiction of the sending State.

ARTICLE 32

1. The immunity from jurisdiction of diplomatic agents and of persons enjoying immunity under Article 37 may be waived by the sending State.

2. The waiver must always be express.

3. The initiation of proceedings by a diplomatic agent or by a person enjoying immunity from jurisdiction under Article 37 shall preclude him from invoking immunity from jurisdiction in respect of any counter-claim, directly connected with the principal claim.

4. Waiver of immunity from jurisidction in respect of civil or administrative proceedings shall not be held to imply waiver of immunity in respect of the execution of the judgment, for which a separate waiver shall be necessary.

ARTICLE 33

1. Subject to the provisions of paragraph 3 of this Article, a diplomatic agent shall with respect to services rendered for the sending State be exempt from social security provisions which may be in force in the receiving State.

2. The exemption provided for in paragraph 1 of this Article shall also apply to private servants who are in the sole employ of a diplomatic agent, on condition:

(a) that they are not nationals of or permanently resident in the receiving State; and

(b) that they are covered by the social securtiy provisions which may be inforce in the sending State or a third State.

3. A diplomatic agent who employs persons to whom the exemption provided for in paragraph 2 of this Article does not apply shall observe the obligations which the social security provisions of the receiving State impose upon employers.

4. The exemption provided for in paragraphs 1 and 2 of this Article shall not preclude voluntary participation in the social security system of the receiving State provided that such participation is permitted by that State.

5. The provisions of this Article shall not affect bilateral or multilateral agreements concerning social security concluded pre viously and shall not prevent the conclusion of such agreements in the future.

ARTICLE 34

A diplomatic agent shall be exempt from all dues and taxes, personal or real, national, regional or municipal except:

(a) indirect taxes of a kind which are normally incorporated in the price of goods or services;

(b) dues and taxes on private immovable proproperty situated in the territory of the receiving State, unless he holds it on behalf of the sending State for the purposes of the mission;

(c) estate, succession or inheritance duties levied by the receiving State, subject to the provisions of paragraph 4 of Article 39;

(d) dues and taxes on private income having source in the receiving State and Capital taxes on investments made in commercial undertakings in the receiving State;

(e) charges levied for specific service rendered;

(f) registration, court or record fees, mortgage dues and stamp duty, with respect to immovable property, subject to the provisions of Articlr 23.

ARTICLE 35

The receiving State shall exempt diplomatic agents from all personal services, from all public service of any kind whatsoever, and from military obligations such as those connected with requisitioning, military contributions and billeting.

ARTICLES 36

1. The receiving State shall, in accordance with such laws and regulations as it may adopt, permit entry of and grant exemption from all Customs-duties, taxes and related charges other than charges for storage, cartage and similar services, on:

(a) articles for the official use of the mission;

(b) articles for the personal use of a diplomatic agent or members of his family forming part of his household, including articles intended for his establishment.

2. The personal baggage of a diplomatic agent shall be exempt from inspection, unless there are serious grounds for pressuming that it contains articles not covered by the exemptions mentioned in paragraph 1 of this Article, or articles the import or export of which is prohibited by the law or controlled by the quarantine regulations of the receiving State. Such inspection shall be conducted only in the presence of the diplomatic agent or of his authorized representative.

ARTICLE 37

1. The members of the family of a diplomatic agent forming part of his household shall, if they are not nationals of the receiving State enjoy the privileges and immunities specified in Articles 29 to 36.

2. Members of the administative and technical staff of the mission, together with members of their families formings part of their respective households, shall, if they are not nationals of or permanently resident in the receiving State, enjoy the privileges and immunities specified in Articles 29 to 35, except that the immunity from civil and administrative jurisdiction of the receiving State specified in paragraph 1 of the Article 31 shall not extend to acts performed outside the course of their duties. They shall also enjoy the privileges specified in Article 36 paragraph 1, in respect of articles imported at the time of first installation.

3. Members of the service staff of the mission who are not nationals of or permanently resident in the receiving State shall enjoy immunity in respect of acts performed in the course of their duties, exemption from dues and taxes on the emoluments they receive by reason of their employment and the exemption contained in Article 33.

4. Private servants of members of the mission shall, if they are not nationals of or permanently resident in the receiving State, be exempt from dues and taxes on the emoluments they receive by reason of their employment. In other respects, they may enjoy privileges and immunities only to the extent admitted by the receiving State. however, the receiving State must exercise its jurisdiction over those persons in such a manner as not to interfere unduly with the performance of the functions of the mission.

ARTICLE 38

1. Except in so far as additional privileges and immunities may be granted by the receiving State, a diplomatic agent who is a national of or permanently resident in that State shall enjoy only immunity for jurisdiction, and inviolability, in respect of official acts performed in the exercise of his functions.

2. Other members of the staff of the mission and private servants who are nationals of or permanently resident in the receiving State, shall enjoy privileges and immunities only to the extent admitted by the receiving State. However, the reveiving State must exercise its jurisdiction over those persons in such a manner as not to interfers unduly with the performance of the functions of the mission.

ARTICLE 39

1. Every person entitled to privileges and immunities shall enjoy them from the moment he enters the territory of the receiving State on proceeding to take up his post or, if already in its territory, from the moment when his appointment is notified to the Ministry for Foreign Affairrs or such other Ministry as may be agreed.

2. When the functions of a person enjoying privileges and immunities have come to an end, such privileges and immunities shall normally cease at the moment when he leaves the country, or on expirty of a reasonable in which to do so, but shall subsist until that time, even in case of armed conflict. However, with respect to acts performed by such person in the exercise of his functions as a member of the mission, immunity shall continue to subsist.

3. In case of the death of a member of the mission, the members of his family shall continue to enjoy the privileges and immunities to which they are entitled until the expiry of a reasonable period in which to leave the country.

4. In the event of the death of a member of the mission, not a national of or permanently resident in the receiving State or of a member of his family forming part of his household, the receiving State sahll permit the withdrawal of the movable property of the deceased, with the exception of any property acquired in the country the export of which was prohibited at the time of his death. Estate, succession and inheritance duties shall not be levied on movable property the presence of which in the receiving State was due solely to the presence there of the deceased as a member of the mission or as a member of the family of a member of the mission.

ARTICLE 40

1. If a diplomatic agent passes through or is in the territory of a third State, which has granted him a passport visa if such visa was necessay, while proceeding to take up or to return to his post, or when returning to his own country, the third State shall accord him inviolability and such other immunities as may be required to ensure his transit or return.

2. The same shall apply in the case of any members of his family enjoying privileges or immunities who are accompany ing the diplomatic agent, or travelling separately to join him or to return to their conutry.

3. In circumstances similar to those specified in paragraph 1 of this Article, third State shall not hinder the passage of members of the administrative and technical or services staff of a mission, and of members of their families, through their territories.

4. Third States shall accord to official correspondence and other official communications in transit, including messages in code or cypher, the same freedom and protection as is accorded by the receiving State. They shall accord to diplomatic couriers who have been granted a passport visa if such visa was necessary and diplomatic bags in transit the same inviolability and protection as the receiving State is bound to accord.

5. The obligations of third States under paragraphs 1,2, and 3 of this Article shall also apply to the persons mentioned respectively in those paragraphs, and to official communications and diplomatic bags, whose presence in the territory of the third States is due to force majeure.

THE SECOND SCHEDULE

[See section 2 (1)]

ARTICLE 1

DEFINITIONS

1. For the purposes of the present Convention, the following expressions shall have the meanings hereunder assigned to them:

(a) “consular post” means any consulate-general, consulate, vice-consulate or consular agency;

(b) ‘consular district’ means the area assigned to a consular post for the exercise of consular functions;

(d) “consular officer” means any person, including the head of a consular post, entrusted in that capacity with the exercise of consular functions;

(e) “consular employee” means any person employed in the administrative or technical service of a consular

post;

(f) “member of the service staff” means any person employed in the domestic service of a consular post;

(g) “member of the consular post” means consular officers, consular employees and members of the service staff;

(h) members of the consular staff” means consular officers, other than the head of the consular post, consular employees and members of the service staff;

(i) “member of the private staff” means a person who is employed exclusively in the private service of a member of the consular post;

(j) “consular premises” means the buildings or parts of buildings and the land ancillary thereto, irrespective of ownership, used exclusively for the purposes of the consular post;

(k) “consular archives” includes all the papers, documents, correspondence, books, films, tapes and registers of the consular post, togehter with the cyphers and codes, the card-indexes and any article of furniture intended for their protection or safe keeping.

2. Consular officers are of two categories, namely career consular officers and honorary consular officers. The provisions of Chapter II of the present Convention apply to consular posts headed by career consular officers, the provisions of Chapter III govern consular posts headed by honorary consular officers.

3. The particular status of members of the consular posts who are nationals or permanent residents of the receiving States is governed by Article 71 of the present Convention.

ARTICLE 5

CONSULAR FUNCTIONS

Consular functions consist in:-

(a) protecting in the receiving State the interests of the sending State and of its nationals, both individuals and bodies corporate, within the limits permitted by international law;

(b) furthering the development of commercial, economic, cultural and scientific relations between the sending State and the receiving State and otherwise promoting friendly relations between them in accordance with the provisions of the present Convention;

(c) as certaining by all lawful means conditions and developments in the commercial, economic, cultural and scientific life of the receiving State, reporting State, reporting thereon to the Government of the sending Stae and giving information to persons interested;

(d) issuing passports and travel documents to nationals of the sending State, and visas or appropriate documents to persons wishing to travel to the sending State;

(e) helping and assisting nationals, both individuals and bodies corporate, of the sending State;

(f) acting as notary and civil registrar and in capacities of a similar kind, and performing certain functions of an administrative nature, provided that there is nothing contrary thereto in the laws and regulations of the receiving State;

(g) safeguarding the interests of nationals, both individuals and bodies corporate, of the sendings State in cases of succession mortis causa in the territory of the receiving State, in accordance with the laws and regulations of the receiving state;

(h) safeguarding, within the limits imposed by the laws, and regulations of the receiving State, the interests of minors and other persons lacking full capacity who are nationals of the sending State, particularly where any guardianship or trusteeship is required with respect ot such persons;

(i) subject to the practices and procedures obtaining in the receiving State, representing or arranging appropriate representation for nationals of the sending State before the tribunals and other authorities of the reveiving State, for the purpose of obtaining, in accordance with the laws and regulations of the receiving State, provisional measures for the preservation of the rights and interests of these nationals, where because of absence or any other reason, such nationals are unable at the proper time to assume the defence of their rights and interests;

(j) transmitting judicial and extra-judicial documents or executing letters rogatory or commissions to take evidence for the courts of the sending State in accordance with international agreements in force or, in the absence of such international agreements in any other manner compatible with the laws and regulations of the receiving State;

(k) exercising rights of supervision and inspection provided for in the laws and regulations of the sending States, in respect of vessels having the nationality of the sending State, and of aircraft registrered in that State, and in respect of their crews;

(l) extending assistance to vessels and airceaft mentioned in subparagraph (k) of this Article, and to their crews, taking statements regarding the voyage of a vessel, examining and stamping the ships papers, and, without prejudice to the powers of the authorities of the reveiving State, conducting investigations into any incident which occurred during the voyage, and settling disputes of any kind between the master, the officers and the sea-men in so far as this may be authorised by the laws and regulations of the sending State;

(m) performing any other functions entrusted to a consular post by the sending State which are not prohibited by the laws and regulations of the receiving State or to which no objection is taken by the receiving State or which are referred to in the international agreements in force between the sending State and the reveiving State.

ARTICLE 15

TEMPORARY EXERCISE OF THE FUNCTIONS OF THE HEAD OF A CONSULAR POST

1. If the head of a consular post is unable to carry out his functions or the position of head of consular post is vacant, and acting head of post may act provisionally as head of the consular post.

2. The full name of the acting head of post shall be notified either by the diplomatic mission of the sending State or, if that State has no such mission in the receiving State, by the head of the consular post, or if he is unable to do so, by a competent authority of the sending State, to the Ministry for Foreign Affairs of the receiving State or to the authority designated by that Ministry. As a general rule, this notification shall be given in advance. The receiving State may make the admission as acting head of post of a person who is neither a diplomatic agent not a consular officer of the sending State in the receiving State conditional on its consent.

3. The competent authorities of the receiving State shall afford assistance and protection to the acting head of post. While he is in charge of the post, the provisions of the present Convention shall apply to him on the same basis as to the head of the consular post concerned. The receiving State shall not, however, be obliged togrant to an acting head of post any facility, privilege or immunity which the head of the consular post enjoys only subject to conditions not fulfilled by the acting head of post.

4. When, in the circumstances referred to in paragraph 1 of the Article, a member of the diplomatic staff of the diplomatic mission of the sending State in the receiving State is designated by the sendings State as an acting head of post, he shall, if the receiving State does not object thereto, continue to enjoy diplomatic privileges and immunities.

ARTICLE 17

PERFORMANCE OF DIPLOMATIC ACTS BY CONSULAR OFFICERS

1. In a State where the sending State has no diplomatic mission and is not represented by a diplomatic mission of a third State, a consular officer may, with the consent of the receiving State, and without affecting his consular status, be authorised to perform diplomatic acts, the performannce of such acts by a consular officer shall not confer upon him any right to claim diplomatic privilges and immunities.

2. A consular officer may, after notification addressed to the receiving State, act as representative of the sending State to any inter-Governmental organisation, When so acting, he shall be entitled to enjoy any privileges and immunities accorded to such a representative by customary international law or by international agreements, however, in respect of the performancee by him of any consular fuction, he shall not be entitled to any greater immunity from jurisdiction than that to which a consular officer is entitled under the present Convention.

CHAPTER II.- Facilities, privileges and Immunities Relating to Consular Posts, Career Consular Officer and other Officer and other Members of a Consular Post.

SECTION 1. - FACILITIES, PRIVILEGES AND IMMUNITIES RELATING TO A CONSULAR POST.

ARTICLE 31

INVIOLABILITY OF THE CONSULAR PREMISES

1. Consular premises shall be inviolable to the extent provided in this Article.

2. The authorities of the receiving State shall not enter that part of the consular premises which is used exclusively for the purpose of the work of the consular post except with the consent of the head of the consular post or of his designee of of the head of the diplomatic mission of the sending State. The consent of the head of the consular post may, however, be assumed in case of fire or other disaster requiring prompt protective action.

3. The consular premises, their furnishings, the property of the consular post and its means of transport shall be immune from any form of requisition for purposes, of national defence or public utility. If expropriation is necessary for such purposes, all possible steps shall be taken to avoid impending the performance of consular functions and prompt adequate and effective compensation shall be paid to the sending State.

ARTICLE 32

EXEMPTION FROM TAXATION OF CONSULAR PREMISES

1. Consular premises and the residence of the career head of consular post of which the sending State or any person acting on its behalf is the owner of lessee shall be exempt from all national, regional, or municipal dues and taxes whatsoever, other than such as represent payment for specific services rendered.

2. The exemption from taxation referred to in paragraph i of this Article shall not apply to such dues and taxes if, under the law of the receiving State, they are payable by the person who contracted with the sending State or with the person acting on its behalf.

ARTICLE 33

INVIOLABILITY OF THE CONSULAR ARCHIVES AND DOCUMENTS

The consular archives and documents shall be inviolable at all times and wherever they may be.

ARTICLS 35

FREEDOM OF COMMUNICATION

1. The receiving State shall permit and protect freedom of communication on the part of the consular post for all official purposes. In communication with the Government, the diplomaic missions and other consular posts, wherever situated, of the sending State, the consular post may employ all appropriate means, including diplomatic or consular, couriers, diplomatic or consular bag and messages in code or cypher. However., the consular post may install and use a wireless transmitter only with the consent of the receiving State.

2. The official correspondence of the consular post shall be inviolable. Official correspondence means all correspondentde relating to the consular post and its functions.

3. The consular bag shall be neither opened nor detained. Nevertheless, if the competent authorites of the receiving State have serious reason to believe that the bag contains something other than the correspondence, documents or articles referred to in paragraph 4 of this Artilce, they may request that the bag be opened in their presence by an authorised representative of the sending State. If this request is refused by the authorities of the sending State, the bag shall be returned to its place of origin.

4. The packages constituting the consular bag shall bear visible external marks of their character and may contain only official correspondence and documents of articles intended exclusively for official use.

5. The consular courier shall be provided with an offical document indicating his status and the number of packages constituting the consular bag. Except with the consent of the receiving State he shall be neither a national of the receiving State, nor unless he is a national of the sending State, a permanent resident of the receiving State. In the performance of his functions he shall be protected by the receiving State. He shall enjoy personal inviolability and shall not be liable to any form of arrest or detention.

6. The sending State, its diplomatic missions and its consular posts may designate consular couriers ad hoc. In such cases the provisions of paragraph 5 of this Article shall also apply except that the immunities therein mentioned shall cease to apply when such a courier has delivered

to the consignee the consular bag in his charge.

7. A consular bag may be entrusted to the captain of a ship or of a commercial aircraft scheduled to land at an authorised post of entry. He shall be provided with an official document indicating the number of packages constituting the bag,but he shall not be considered to be a consular courier. By arrangement with the appropriate local authorities, the consular post may send one of its members to take possession of the bag directly and freely from the captain of the ship or of the aircraft.

ARTICLE 39

CONSULAR FEES AND CHARGES

1. The consular post may levy in the terriory of the receiving State the fees and charges provided by the laws and regulations of the sending State for consular acts.

2. The sums collected in the form of the fees and charges referred to in paragraph 1 of this Article, and the receipts for such fees and charges, shall be exempt from all dues and taxes in the receiving State.

SECTION II.- FACILITIES, PRIVILEGES AND IMMUNITIES RELATING TO CAREER CONSULAR

OFFICERS AND OTHER MEMBERS OF A CONSULAR POST.

ARTICLE 41

PERSONAL INVIOLABILITY OF CONSULAR OFFICER

1. Consular officers shall not be liable to arrest or detention pending trial, except in the case of a grave crime and pursuant to a decision by the competent judicial authority.

2. Except in the case specified in paragraph 1 of this Article, consular officers shall not be committed to prison or liable to any other for of restriction on their personal freedom save in execution of a judicial decision of final effect.

ARTICLE 43

IMMUNITY FROM JURISDICTION

1. Consular officers and consular employees shall not be amenable to the jurisdiction of the judicial or administrative authorities of the receiving State in respect of acts perfomed in the exercise of consular functions.

2. The provision of paragraph 1 of this Article shall not, however, apply in respect of a Civil action either:-

(a) arising out of a contract concluded by a consular officer or a consular employee in which he did not contract expressly or impliedly as an agent of the sending State; or

(b) by a third party for damage arising from an accident in the receiving State caused by a vehicle, vessel or aircraft.

ARTICLE 44

LIABILITY TO GIVE EVIDENCE

1. Members of a consular post may be called upon to attend as witnesses in the course of judicial or administrative proceedings. A consular employee or a member of the service staff shall not, except in the cases mentioned in paragraph 3 of this Article, decline to give evidence. If a consular officer should decline to do so, no coercive measure or penalty may be applied to him.

2. The authority requiring the evidence of a consular officer shall avoid interference with the performance of his functions . It may, when possible, take such evidence at his residence or at the consular post or accept a statement from him in writing.

3. Member of a consular post are under no obligation to give evidence concerning matters connected with the exercise of their functions or to produce official correspondence and documents relating thereto. They are also entitled to decline to give evidence as expert witnesses with regard to the law of the sending state.

ARTICLE 45

WAIVER OF PRIVILEEGES AND IMMUNITIES

1. The sending State may waive, with regard to a member of the consular post any of the privileges and immunities provided for in Articles 41,43 and 44.

2. The waiver shall in all cases be express, except as provided in paragraph 3 of this Article, and shall be communicated to the receiving state in writing.

3. The initiation of proceedings by a consular employee in a matter where he might enjoy immunity from jurisdiction under Article 43 shall preclude him from invoking immunity from jurisdiction in respect of any couter-claim directly connected with the principal claim.

4. The waiver of immunity from jurisdiction for the purposes of civil or administrative proceeedings shall not be deemed to imply the waiver of immunity from the measures of execution resulting from the judicial decision; in respect of such measures, a separate waiver shall be necessary.

ARTICLE 48

SOCIAL SECURITY EXEMPTION

1. Subject to the provisions of paragraph 3 of this Article, members of the consular post with respect to services rendered by then for the sending State and members of their families forming part of their households, shall be exempt from social security provisions which may be in force in the receiving State.

2. The exemption provided for in paragraph I of this Article shall apply also to members of the private staff who are in the sole employ of members

of the consular post, on condition:-

(a) that they are not nationals of or permanently resident in the receiving State;and

(b) that they are covered by the social security provisions which are in force in the sending State or a third State.

3. Members of the consular post who employ persons to whom the exemption provided for in paragraph 2 of this Article does not apply shall observe the obligations which the social security provisions of the receiving State impose upon employers.

4. The exemption provided for in paragraphs 1 and 2 of this Article shall not preclude voluntary participation in the social security system of the receiving State, provided that such participation is permitted by that State.

ATRICLE 49

EXEMPTION FROM TAXATION

1. Consular officers and consular employees and members of their families forming part of their households shall be exempt from all dues and taxes, personal or real, national, regional or municipal, except.

(a) indirect taxes of a kind which are normally incorporated in the price of goods or services;

(b) dues or taxes on private immovable property situated in the territory of the receiving State, subject to the provisions of Articles 32;

(c) estate, succession or inheritance duties, and duties on transfers, levied by the receiving State, subject to the provisions of paragraph

(b) of Article 51;

(d) dues and taxes on private income, including capital gains, having its source in the receiving State;

(e) charges levied for specific services rendered;

(f) registration, court or record fees, mortgage dues and stamp duties, subject to the provisions of Article 32.

2. Members of the service staff shall be exempt from dues and taxes on the wages which they receive for their services.

3. Members of the consular post who employ persons whose wages or salaries are not exempt from income tax in the receiving State shall observe the obligations which the laws and regulations of that State impose upon employers concerning the levying of income tax.

ARTICLE 50

EXEMPTION FROM CUSTOMS DUTIES AND INSPECTION

1. The receiving state shall, in accordance with such laws and regulations as it may adopt, permit entry of and grant exemption from all Customs-duties, taxes, and related charges other than charges for storage, cartage and similar services, on:-

(a) articles for the official use of consular post;

(b) articles for the personal use of a consular officer or members of his family forming part of his household, including articles intended for his establishment. The articles intended for consumption shall not exceed the quantities necessary for direct utillization by the persons concerned.

2. Consular employees shall enjoy the privileges and exemptions specified in paragraph 1 of this Article in respect of articles imported at the time of first installation.

3. Personal baggage accompanying consular officeres and members of their families forming part of their households shall be exempt from inspection. It may be inspected only if there is serious reason to believe that it contains articles other than those referred to in sub-paragrph (b) of paragraph 1 of this Article, or articles the import or export of which is prohibited by the laws and regulations of the receiving State or which are subject to its quarantine laws and regulations. such inspection shall be carriedout in the presence of the consular officer or member of his family concerned.

ARTICLE 51

ESTATE OF A MEMBER OF THE CONSULAR POST OR OF A MEMBER OF HIS FAMILY

In the event of the death of a member of the consular post or of a member of his family forming part of his household, the receiving State:-

(a) shall permit the export of the movable property of the deceased, with the exception of any such property acquired in the receiving State the export of which was prohibited at the time of his death;

(b) shall not levy national, regional or municipal estate, succession or inheritance duties, and duites on transfers, on movable property the presence of which in the receiving State was due solely to the presence in that State of the deceased as a member of the consular post or as a member of the family of a member of the consular post.

ARTICLE 52

EXEMPTION FROM PERSONAL SERVICES AND CONTRIBUTIONS

The receiving Stat Shall exempt members of the consular post and members of their families forming part of their households from all personal services, from all public service of any kind whatsoever, and from military obligations such as those connected with requisitioning, military contributions and billeting.

ARTICLE 53

BEGINNING AND END OF CONSULAR PRIVILEGES AND IMMUNITIES

1. Every member of the consular post shall enjoy the privileges and immunities provided in the present Convention from the moment he enters the territory of the receiving State on proceeding to take up his post or if already in its territory from the moment when he enters on his duties with the consular post.

2. Members of the family of a member of the consular post forming part of his household and members of his private staff shall receive the privileges and immunities provided in the present Convention from the date from which he enjoys privileges and immunities in accordance with paragraph 1 of this Article or from the date of their entry into the territory of the receiving State or from the date of their becoming a member of such family or private staff, whichever is the latest.

3. When the functions of a member of the consular post have come to an end, his privileges and immunities and those of a member of his family forming part of his household or a member of his private staff shall normally cease at the moment when the person concerned leaves the receiving State or on the expiry of a reasonable period in which to do so whichever is the sooner, but shall subsist until that time, even in case of armed conflict.In the case of the persons referred to in paragraph 2 of this Article, their privileges and immunities shall come to an end when they cease to belong to the household or to be in the service of a member of the consular post provided, however, that if such persons intend leaving the receiving State within a reasonale period thereafter, their privileges and immunities shall subsist until the time of their departure.

4. However, with respect to acts performed by a consular officer or a consular employee in the exercise of his functions, immunity from jurisdiction shall continue to subsist without limitation of time.

5. In the event of the death of a member of the consular post, the members of his family forming part of his household shall continue to enjoy the privileges and immunities accorded to them until they leave the receiving State or until the expiry of a reasonable period enabling them to do so, whichever is the sooner.

ARTICLE 54

OBLIGATIONS OF THIRD STATES

1. If a consular officer passes through or is in the territorry of a third State, which has granted him a visa, if visa was necessary,while proceeding to take up or return to his post or when returning to the sending State, the third state shall accord to him all immunities provided for by the other Articles of the present Convention as may be required to ensure his transit or return. The same shall apply in the case of any member of his family forming part of his household enjoying such privileges and immunities who are accompanying the consular officer of travelling separately to join him or to return to the sending State.

2. In circumstances similar to those specified in paragraph 1 of this Article, third State shall not hinder the transit through their territory of other members of the consular post or of members of their families forming part of their households.

3. Third State shall accord to official correspondence and to other official communications in transit, including messages in code or cypher, the same freedom and protection as the receiving State is bound to accord under the present Convention. They shall accord to consular couriers who have been granted a visa, if a visa was necessary, and to consular bags in transit, the same inviolability and protection as the receiving State is bound to accord under the present Convention.

4. The obligations of third States under paragraphs 1,2 and 3 of the this Article shall also apply to the persons mentioned respectively in those paragraphs, and to official communications and to consular bags, whose presence in the territory of the third State is due to force majeure.

ARTICLE 55

RESPECT FOR THE LAWS AND REGULATIONS OF THE RECEIVING STATE

1. The consular premises shall not be used in any manner incompatible with the exercise of consular functions.

2. The provisions of paragraph 2 of this Article shall not exclude the possibility of offices of other institutions or agencies being installed in part of the building in whcih the consular premises are situated, provided that the premises assigned to them are separate from those used by the consular post. In that event, the said offices shall not, for the purposes of the present Convention, be considered to form part of the consular premises.

ARTICLE 57

SPECIAL PROVISONS CONCERNING PRIVATE GAINFUL OCCUPATION

1. Privileges and immunities provided in this Chapter shall not be accorded:

(a) to consular employees or to members of the services staff who carry on any private gainful occupation in the receiving State:

(b) to members of the family of a person referred to in sub-paragraph (a) of this paragraph or to members of his private staff:

(c) to members of the family of a memeber of a consular post sho themselves carry on any private gainful occupation in the receiving State.

CHAPTER-III.- Regime relating to Honorary Consular Officers and Consular Posts headed by such officers.

ARTICLE 58

GENERAL PROVISIONS RELATING TO FACILITIES, PRIVILEGES AND IMMUNITIES

1. Articles 35 and, patagraph 3 of Article 54 and paragraphs 2 and 3 of Article 55 shall apply to consular posts headed by an honorary consular officer. In additions, the facilities, privileges and immunities of such consular posts shall be governed by Articles60. 61 and 62.

2. Article 43, paragraph 3 of Article 44, Articles 45 and 53 shall apply to honorary consular officers. In addition, the facilities, privileges and immunities of such consular officers shall be governed by Articles 66 and 67.

3. Privileges amd immunities provided in the present Convention shall not be accorded to members of the family of an honorary consular officer or of a consular employee employed at a consular post headed by an honorary consular officer.

ARTICLE 60

EXEMPTION FROM TAXATION OF CONSULAR PREMISES

1. Consular premises of a consular post headed by an honorary consular officer of which the sending State is the owner or lessee shall be exmpt from all national, regional or municipal dues and taxes whatsoever, other than such as represent payment for specifie services rendered.

2. The exemption from taxation referred to in paragraph 1 of this Article shall not apply to such dues and taxes if, under the laws and regulations of the receiving State, they are payable by the person who contracted with the sending State.

ARTICLE 61

INVIOLABILITY OF CONSULAR ARCHIVES AND DOCUMENTS

The consular arcieves and documents of a consular post headed by an honorary consular officer shall be inviolable at all times and wherever they may be, provided that they are kept separate from other papers and documents and, in particular, from the private correspondence of the head of a consular post and of any person working with him, and from the materials, books or documents relating to their profession or trade.

ARTICLE 62

EXEMPTION FROM CUSTOMS DUTIES

The receiving State shall, in accordance with such laws and regulations as it may adopt, permit entry of and grant exemption from all Customs-duties, taxes, and related charges other than charges for storage, cartage and similar services on the following articles, provided that they are for the official use of a consular post headed by an honorary consular officers coat-of-arms, flages, signboards, seals and stamps, books, official printed matter, office furniture, office equipment and similar articles supplied by or at the instance of the sending State to the consular post.

ARTICLE 66

EXEMPTION FROM TAXATION

An honorary consular officer shall be exempt from all dues and taxes on the remuneration and emoluments which he receives from the sending State in respect of the exercise fo consular functions.

ARTICLE 67

EXEMPTION FROM PERSONAL SERVICES AND CONTRIBUTIONS

The receiving State shall exempt honorary consular officers from all personal services and from all public services of any kind whatsoever and from military obligations such as those connected with requistioning military contributions and billeting.

CHAPTER IV.- General Provisons

ARTICLE 70

EXERCISE OF CONSULAR FUNCTIONS BY DIPLOMATIC MISSIONS

1. The provisions of the present Convention apply also, so far as the context permits, to the exercise of consular functions by a diplomatic mission.

2. The names of members of a diplomatic mission assigned to the consular section or otherwise charged with the exercise of the consular functions of the mission shall be notified to the Ministry of Foreign Affaris of the receiving State or to the authority designated by that Ministry.

3. The privileges and immunities of the members of a diplomatic mission referred to in paragraph 2 of this Article shall continue to be governed by the rules of international law concerning diplomatic relations.

ARTICLE 71

NATIONALS OR PERMANENT RESIDENTS OF THE REVEIVING STATE

1. Except in so far as additional facilities, privileges and immunities may be granted by the receiving State, consular officers who are nationals of or permanently resident in the receiving State shall enjoy only immunity from jurisdiction and personal inviolability in respect of official acts performed in the exercise of their functions, and the privilege provided in paragraph 3 of Article 44.

2. other members of the consulr post who are nationals of or permanently resident in the receiving state and members of their families, as well as members of the families of consular officers referred to in paragraph 1 of this Article, shall enjoy facilities, privileges and immunities only in so far as these are granted to them by the receiving State. Those members of the families members of the consular post and those members of the private staff who are themselves nationals of or permanently resident in the receiving State shall likewise enjoy facilities, privileges and

immunities only in so far as these are granted to them by the receiving State.

NATIONAL ASSEMBLY SECRETARIAT

Islamabad, the 28th July, 1975

ACT NO LVIII OF 1975

An Act to determine the salary, allowances and privileges of the President.

WHEREAS it is expedient to determine the salary, allowances, and privileges of the President and to make provison for enabling him to discharge conveniently and with dignity the duties of his office:

It is hereby enacted as follows:-

1. Short title and commencement.- (1) this Act may be called the President’s Salary, Allowances and Privileges Act, 1975. (2) It shall come into force at once.

2. Definitions.- In this Act, unless there is anything repugnant in the subject or context,-

(a) “family of the President” includes the President’s spouse and such of his children, step-children, parents, brothers and sisters as ordinarily reside with and are wholly dependent upon him;

(b) “furnishings” means pictures, paintings, curios, linen, glass-ware, brass-ware, cutlery, crockery, kitchen equipment, radios, radio-grams, lamps, public address system, projectors, television sets of all kinds, acoustical equipment, and similar other articles;

(c) “furniture” includes carpets, sofa covers, curtains, refrigerators, airconditioners, washing machines and similar other articles;

(d) “Government” means the federal Government;

(e) “maintenance”,-

(i) in relation to official residence, includes the maintenance and replenishing of furniture and furnishings. payment of local rates and taxes, maintenance of roads and electric, water, gas and sanitary fixtures and installations, and the provision of electricity, gas and water;

(ii) in relation to rivercraft, includes expenditure on the pay of the establishment maintained in connection therewith, and on their victualling while afloat, and expenditure on the purchase of marine stores;and

(iii) in relation to official cars and aircraft, includes the pay and allowances of chauffeurs, pilots and other establishment and the provision of oil and petrol;

(f) “official cars”, “railway salloons”, “rivercraft” and “aircraft” mean such car, railway saloons, rivercraft and aircraft if any, as are from time to time provided for use by the President;

(g) “official residence” means the house specified in the First Schedule and such other premises in Pakistan as the President may use as official residence, and includes the staff quarters and other buildings appartment thereto and the gardens thereof;

(h) ‘prescribed’ means prescribed by rules to be made by the Government;

(i) ‘year’ means a year commencing on the first day of july and ending on the thirteth day of june next following; and

(j) other words and expressions used in this Act and not defined shall have the meaning assigned to item in the Constitution of the Islamic Republic of Pakistan of the Fundamental and Supplementary Rules.

3. Monthly Salary.- The salary to be paid to the President shall be twenty-three thousand rupees for mensem.

4. Equipment allowance.- The President may, on his assumptiom of office as such, draw twenty thousand rupees as an allowance for equipping himself. once on first appointment only.

5. Allowance on taking up and laying down the office.- (1) The President shall be entitled to travelling allowances to the extent mentioned below for the journey from his place of residence in pakistan to the official residence on taking up office and from the offical residence to his place of residence on laying down office:-

(a) the actual travelling expenses for himself and his family;

(b) the cost of transporting personal servents, not exceeding three by the lowest class of accommodation; and

(c) the cost of transporting household effects, not exceedimg one hundred and twenty maunds, by goods train, steamer or other craft excluding aircraft, and his personal car, if any.

(2) No claim shall lie for any travel or transportation not performed within six months of the date of taking or laying down office, as the case may be.

6. Official residence, railway saloons, rivercraft, aircraft and official cars.- (1) Throughout his term of office the President shall be entitled, without payment of rent or hire, to the use official residence, and of the railway saloons, rivereraft, aircraft and official cars, and no charge shall fall on him personally, in repect of the maintenance thereof;

Provided that the President shall not, except when proceeding on or returing from leave, be entitled to the use of the railway saloons, rivercraft, aircraft or official cars during any period for he is on leave.

(2) The provisions of sub-section (1) shall also apply to the family of the President.

7. Discretionary grant, sumptuary allowance and other allowance.- There shall be paid in each year to the President.-

(a) an allowance for expenses connected with the purpose specified in the Second Schedule, not exceeding the maximum amounts specified in that Schedule:

Provided that the President may, without exceeding the maximum specified in column 7 of the aforesaid Schedule, reappropriate, whenever necessary, from any sub-head in that Schedule to any other sub-head therein, except to or from the sub-heads relating to discretionary grant and sumptuary allowance;

(b) an allowance for expenses connected with imporovements in and maintenance of the official residence and the maintenance of the furniture and furnishing thereof, not exceeding the maximum specified in the Third Schedule:

Provided that the President may, without exceeding the maximum specified in cloumn 5 of the aforesaid Schedule, reappropriate, whenever necessary, from one sub-head in that Schedule to another sub-head therin.

8. Payment of further amounts.- There shall be paid from time to time to the President such further amounts as may be necessary to enable him to discharge conveniently and with dignity the duties of his office as he may be general or special order authorise, and any such order may be given retrospective effect whenever necessary.

9. Payment on account of deferred pay, etc, of officers.- Nothing in this Act shall apply to any payment on account of the deferred pay, leave salaries, allowances, cost of passage or increments due to any officer provision for whose pay is made in the Second Schedule, and the amount of such payment shall be in addition to the maximum amounts specified in that Schedule.

10. Amount to be included in estimates of expenditure.- The President may, subject to any general or special order made by him, include the amounts in any year in the estimates of expenditure for the purpose of giving effect to the provisions of this Act, and such amounts shall be charged upon and paid out of the Federal Consolidated Fund.

11. Compensation in case of air accident. - (1) If the President, while travelling by air, on official duty, by any flight schedule or unschedule (including flight in a Government-owned aircraft of any type), dies or receives an injury as a result of an accident, the Government shall pay to the person or persons referred to in sub-section (2) a sum of one million rupees, in the case of death, and an amount to be determined by the Government having regard to scales of compensation applied by insurance companies in like cases, in the case of injury.

(2) The compensation shall be payable, in the case of injury, to the President and, in the case of death, to such member or members of his family, or, if there be no such member, such other person or persons as may be nominated by him, and in the absence of such nomination to his heirs.

(3) A nomination under sub-section (2) may be made, and may also be recoked or altered,by a notice in writing signed by the President and addressed to the Accountant General, Pakistan Revenues.

12. Leave of absence.- (1) The President may avail himself of leave of absence during his term office, at any one time or from time to time, for urgent reasons of health or private affairs for a period not exceeding four months in the aggregate:

Provided that the President may extend this period of four months in which case the resons for the extension shall be recorded in a minute:

Provided further that the President shall also be entitled to the un-utilized period of leave months immedistely after laying down his office.

(2) The leave allowance of the Prsident shall be twenty-three thousand rupees per mensem and shall be subject to income-tax.

13. Medical facilities.- The President and the family of the President shall be entitled to medical facilities in accordance with the Special Medical Attendance Rules:

Provided that he and his family shall ordinarily be entitled to receive medical treatement at his residence:

Provided further that the President may, if so adivsed by his physician, receive medical treatment abroad or consult a foreigner physician other than his own and receive such other treatment as may be prescribed.

14. Customs-duties or sales tax not leviable on certain articles.- (1) No customs-duties or sales tax be levied on the following articles if imported or purchased out of bond by the President on appointment or during his tenure of office, namely:-

(a) articles for the personal use, wear or consumption of the President or any member of the family of the President provided that the cost thereof shall not exceed two hundred thousand rupees per annum;

(b) Omitted;

(c) foodstuffs and tobacco for consumption by the President, memebers of his family and his guests, whether official or not;

(d) articles for furnishing of the President’s official residence; and

(e) official cars, rivercraft or aircraft.

(2) No Customs-duties or sales tax shall levied on tobacco imported by manufactures in Pakistan for the manufacture of cigarettes, and no excise duty shall be levied on indigenous tobacco used in Pakistan in the manufacture of cigrettes and on cigarettes amnufactured in Pakistan, when such cigarettes are for consupmtion by the Prsident, members of his family or the guests referred to in clause (c) of sub-section (1).

(3) No excise duty shall be levied on indigenous petrol or petroleum products when such petrol or patroleum products are for use in the official cars, rivercraft and aircraft referred to in clause (c) of sub-section (1).

15. Provided Fund.- The President may, at his option, become a subscriber to the General Provident Funds and if he so opts, he shall subscribe to the Fund as a compulsory subscriber in accordance with the General Provident Fund (Central Service) Rules.

16. Act to have effect subject to instructions, etc.- This Act shall have effect subject to such instructions, rules, exceptions, further concessions or easements, as the Government may, from time to time prescribe or grant.

16A. Increase in Emoluments.- The salary, allowances and privileges of President shall automaticlly be revised alongwith the revision of the emoluments of the civil servants.

17. [Omitedd

FIRST SCHEDULE

[See section 2(g)]

OFFICIAL RESIDENCE

The aiwan-e-Sadr, Islamabad

SECOND SCHEDULE

[See section(a)]

Maximum yearly amounts for expenditure in respect of certain matters.

Discretionary Sumptuary Staff Contract State Tour Total

Grant Allowances including Allowance conveyance expenses

dispensary including including

establishment maintenance motor cars

of gardens and their

replacement

1 2 3 4 5 6 7

Rs. Rs. Rs. Rs. Rs. Rs. Rs.

1,000,000 600,000 2,250,000 1,500,000 600,000 600,000 6,550,000

Note:- (i) The amount of discretionary grant shall be replenished on its utilisation as a revolving fund.

(ii) Sumptuary allowance is exclusive of the expenditure on national celebrations provision for which is made under “Contract Allowance”.

THIRD SCHEDULE

[See section 7(b)]

Maximum yearly amounts for improvement and maintenance of official residence.

Imporvement, repairs and maintenance of residence Rates, taxes and Water Total

including maintenance and replenishment of furniture

(1) (2) (3)

Rs.1,750,000 Rs.300,000 Rs. 2,050,000

M.A.HAQ

As Amended Secretary

1. President's S.A.& P(A)Acts, 1997(XXXI of 1997) and (XXXI Iof 1997),

dated 20.9.1997.

NATIONAL ASSEMBLY SECRETARIAT

Islamabad, the 28th July, 1975

ACT NO.LIX OF 1975

An Act to determine the salary, allowances and privileges of the Prime Minister

Whereas it is expendiet to determine the salary, allowances and privileges of the Prime Minister and to make provision for enabling to discharge conveniently and with dignity the duties of his office:

It is hereby enacted as follows:-

1. Short title and commencement.- (1) This Act may be called the Prime Minister’s Salary, Allowances and Privileges Act, 1975.

(2) It shall come into force at once and shall be deemed to have taken effect on the fourteenth day of Augst, 1973.

2. Definitions.- In this Act, unless there is anything repugnant in the subject or context,-

(a) “family” means the Prime MInister’s spouse and such of his children and step-children as ordinarily reside with and are wholly dependent upon him;

(b) “furnishings” means pictures, paintings curios, linen, glass-ware, brass-ware cutlery, crokery, kitchen equipment, radios, radiograms, lamps, public address systems, projectors, televison sets of all kinds, acoustical equipment and similar other articles;

(c) “furniture” includes carpets, sofa covers, curtains, refrigerators, airconditioners, washing machines and similar other articles;

(d) “Government” means the Federal Government;

(e) “maintenance”,-

(i) in relation to official residence, including the maintenance and replenishing of furniture and furnishings, payment of local rates and taxes, maintenance of roads and electric, water, gas and sanitary fixtures and installations, and the provision of electricity, gas and water;

(iii) in relation to official cars and aircraft, includes the pay and allowance of chauffeurs, pilots and other establishment and the provision of oil and petrol;

(f) “official cars”, “raliway saloons”, “rivercraft” and “aircraft means such cars, railway saloons, rivercraft and aircraft, if any, as are from time to time provided for use by the Prime Minister;

(g) “official-residence” means the house specified in the First Schedule and such other permises in Pakistan as the Prime Minister may use as his official residence, and includes the staff quarters and other buildings appartement thereto and the gardens thereof;

(h) “prescribed” means prescribed by rules to be made by the Government;

(i) “Year” means a year commencing on the first day of july and ending on the thirteth day of june next following; and

(j) other words and expressions used in this Act and not defined shall have the meanings assigned to them in the Constitution of the Islamic Republic of Pakistan of the Fundamental and Supplementary Rules.

3. Salary.- The salary to be paid to the Prime Minister shall be twenty two thousand rupees mensem.

4. Equipment allowance.- The Prime Minster may, on his assumption of office as such, draw twenty thousand rupees as an allowance for equipping himself;

Provided that, during the ten years immediately preceding the assumption of the office he had not drawn an allowance for the same purpose upon election or appointment to the office of President, Prime Minister, Chairman, Speaker, Federal Minister, Goveror or Minister of State or a diplomatic office.

5. Allowance on taking up and laying down the office.- (1) The prime Minister shall be entitled to claim actual expenses to the extent mentioned below for the journey from ordinary place of residence to the seat of Government on taking up office and from the seat of Government to his ordinary place of residence on laying down office:-

(a) the actual travelling expenses for himself and his family;

(b) the cost of transporting personal servants, not exceeding three, by the lowest of accommodation; and

steamer or other craft, excluding aircraft, and his personal car, if any.

(2) No claim shall lie for any travel or transportation not performed within six months of the date assuming or laying down office, as the case may be.

6. Official residence, railway saloon, rivercraft, aircraft and official cars.- (1) Throughout his term of office, the Prime Minister shall be entitled without payment of rent or hire to the use of his official residence, and of the railway saloons, rivercraft, aircraft and official cars, and no charge shall fall on him personally in respect of the maintenance thereof;

Provided that the Prime Minster shall not, except when proceeding on or returning from leave, be entitled to the use of the railway saloons rivercraft, aircraft or official cars during any period for which he is on leave.

(2) The provisons sub-section (1) shall also apply to the family of the Prime Minister.

(3) The Prime Minster may requisition a special railway for journeys on official duty.

7. Discretionary grant, sumptuarry allowance and other allowance.- There shall be paid in each year to the Prime Minster-

(a) an allowance for expenses connected with the purposes specified in the Second Schedule, not exceeding the maximum amounts specified in that Schedule:

Provided that the Prime Minister may, without exceeding the maximum specified in column 7 of the aforesaid Schedule, reappropriate, whenever necessary, from one sub-head in that Schedule to any other sub-head therein, except to or from the sub-heads relating to discretionary grant and sumpturary allowance;

(b) an allowance for expenses connected with improvements in and maintenance of the official residence and maintenance of the furniture and furnishings therof, not exceeding the maximum amounts specified in the Third Schedule:

Provided that the Prime Minster may, without exceeding the maximum specified in cloumn 5 of the aforesaid Schedule, reappropriate, whenever necessary from one sub-head in that Schedule to another sub-head therein.

8. Payment of further amounts.- There shall be paid from tome to the Prime Minster such further amounts necessary to enable him to discharge conveniently and with dignity the duties of his office as the Prime Minster may be general of special order authorise, and any such order may be given retrospective effect whenever necessary.

9. Payment on account of deferred pay, etc., of officers.- Nothing in this Act shall apply to any payment on account of the deferred pay,leave salaries, allowances, cost of passage or increments due to any officer provision for whose pay is made in the Second Schedule, and the amounts of such payment shall be in addition to the maximum amounts specified in that Schedule.

10. Amounts to be included in estimates of expenditure.- The Prime Minister may, subject to any general or special order made by him, include the amounts in any year in the estimates of expenditure for the purpose of giving effect to the provisions of this Act, and such amounts shall be charged upon and paid out of the Federal Consolidated Funds.

11. Compensation in case air accident.- (1) If the Prime Minster, while travelling by air on official duty, by any flight scheduled or un-scheduled (including flight in a Government-owned aircraft of any type), dies or receives an injury as a result an accident, the Government shall pay to the person or persons referred to in sub-section (2) a sum of one million rupees in the case of death, and an amount to be determined by the Government having regard to scales of compensation applied by insurance companies in like cases, in the case of injury.

(2) The compensation shall be payable, in the case of injury, to the Prime Minister, and in the case of death, to such member or members of his family, or if there be no such member, such other person or persons as may be nominated by him, and in the absence of such nomination to his heirs.

(3) Anomination under sub-section (2) may be made, and also be revoked or altered, by a notice in writing signed by the Prime Minister and addressed to the Accountant General, Pakistan Revenues.

12. Leave.- (1) The Prime Minister may availhimself of leave of absence during his term of office, at any one time or from time to time, for urgent reasons of health or private affairs, for a period not exceesing three months in the aggregate.

(2) The leave allowance of the Prime Minister shall be twenty two thousand rupees per mensem.

13. Medical facilities.- The Prime Minister and the family of the Prime Minister shall be entitled to medical facilities in accordance with the Special Medical Attendance Rules:

Provided that he and his family shall ordinarily be entitled to receive medical treatment at his residence:

Provided further that the Prime Minister may, if so advised by his physician , receive medical treatment abroad or cosult a foreigner or a physician other than his own receive such other treatment as may be prescribed.

14. Customs-duties or sales tax not leviable on certain articles.- (1) No Customs-duties or sales tax shall be levied on the following articles if imported or purchased out of bond by the Prime Minister on apponintment or during his tenure of office, namely:-

(a) articles for the personal use, wear or consumption of the Prime Minister or any member of his family provided that the cost of such articles shall not Exceed two hundred thousand rupees per annum;

(b) Omitted;

(d) articles for furnishing of the Prime Minister’s official residence; and

(e) official cars, rivercraft, or aircraft.

(2) No Customs-duties or sales tax shall be levied on tobacco imported by manufacturers in Pakistan for the manufacture of cigarettes and on cigrettes manufactured in Pakistan, when such cigarettes are for consumption by the Prime Minister, members of his family or the guests referred to in clause (c) of sub-section (1).

(3) No excise duty shall be levied on indigenous petrol and petroleum products when such petrol or petroleum products are for use in the official cars, rivercraft and aircraft.

15. Provident Fund.- The Prime Minister may, at his option, become a subscriber to the General Provident Fund and, if he so opts, he shall subscribe to the Fund as a compulsory subscriber in accordance with the General Provident Fund(Central Serrvices)Rules.

16. Act to have effect subject to instructions, etc.- This Act shall have effect subject to such instructions, rules, exceptions, furecon

16A. Increase in Emoluments.- The slary, allowances and privileges of the Prime Minister shall automatically be revised alongwith the revision of the emoluments of the civil servants.

FIRST SCHEDULE

[See section 2(g)]

OFFICIAL RESIDENCE

The Prime Minister’s House, Islamabad.

SECOND SCHEDULE

[See section 7(a)]

Maximum yearly amounts for expenditure in respect of certain matters