Provided that nothing in this clause shall affect the jurisdiction which the Supreme Court
or a High Court exercised in relation to a Tribal Area immediately before the commencing
day.
CHAPTER 4. – GENERAL
248. Protection to President, Governor, Minister, etc.__ (1) The President, a
Governor, the Prime Minister, a Federal Minister, a Minister of State, the Chief Minister and a
Provincial Minister shall not be answerable to any court for the exercise of powers and
performance of functions of their respective offices or for any act done or purported to be
done in the exercise of those powers and performance of those functions:
Provided that nothing in this clause shall be construed as restricting the right of any person
to bring appropriate proceedings against the Federation or a Province.
(2) No criminal proceedings whatsoever shall be instituted or continued against the
President or a Governor in any court during his term of office.
(3) No process for the arrest or imprisonment of the President or a Governor shall issue
from any court during his term of office.
(4) No civil proceedings in which relief is claimed against the President or a Governor
shall be instituted during his term of office in respect of anything done or not done by him in
his personal capacity whether before or after he enters upon his office unless, at least sixty
days before the proceedings are instituted, notice in writing has been delivered to him, or sent
to him in the manner prescribed by law, stating the nature of the proceedings, the cause of
action, the name, description and place of residence of the party by whom the proceedings
are to be instituted and the relief which the party claims.
249. Legal proceedings.__ (1) Any legal proceedings which, but for the Constitution,
could have been brought by or against the Federation in respect of a matter which,
immediately before the commencing day, was the responsibility of the Federation and has,
under the Constitution, become the responsibility of a Province, shall be brought by or against
the Province concerned; and if any such legal proceedings were pending in any court
immediately before the commencing day then, in those proceedings, for the Federation the
Province concerned shall, as from that day, be deemed to have been substituted.
(2) Any legal proceedings which, but for the Constitution, could have been brought by or
against a Province in respect of a matter which, immediately before the commencing day,
was the responsibility of the Province and has under the Constitution become the
responsibility of the Federation, shall be brought by or against the Federation; and if any such
legal proceedings were pending in any court immediately before the commencing day then, in
those proceedings, for the Province the Federation shall, as from that day, be deemed to have
been substituted.
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