(b) the qualifications and disqualifications for membership of the first Assembly of a Province
shall, except in case of members filling casual vacancies 1[, or to be elected to the
additional seats referred to in clause (3) of Article 106,] after the commencing day, be the
same as were provided in the Interim Constitution of the Islamic Republic of Pakistan:
Provided that no person holding an office of profit in the service of Pakistan shall continue to
be a member of the Assembly after the expiration of three months from the commencing day.
(2) A casual vacancy in a seat in the first Assembly of a Province, including a vacancy in a
seat in the Assembly of that Province in existence immediately before the commencing day which
was not filled before that day, caused by reason of death or resignation of a member or consequent
upon his incurring a disqualification or ceasing to be a member as a result of the final decision
of an election petition may be filled in the same manner in which it would have been filled before the
commencing day.
(3) A member referred to in paragraph (a) of clause (1) shall not sit or vote in the Provincial
Assembly until he has made the oath prescribed by Article 65 read with Article 127 and, if, without
leave of the Speaker of the Provincial Assembly granted on reasonable cause shown, he fails to make
the oath within twentyone days from the day of the first meeting of the Provincial Assembly, his seat
shall become vacant at the expiration of that period.
274. Vesting of property, assets, rights, liabilities and obligations.___ (1) All property and
assets which, immediately before the commencing day, were vested in the President or the Federal
Government shall, as from that day, vest in the Federal Government unless they were used for
purposes which, on that day, became purposes of the Government of a Province, in which case they
shall, as from that day, vest in the Government of the Province.
(2) All property and assets which, immediately before the commencing day, were vested in the
Government of a Province, shall, as from that day, continue to be vested in the Government of that
Province, unless they were used for purposes, which on that day, became purposes of the Federal
Government in which case they shall, as from that day, vest in the Federal Government.
(3) All rights, liabilities and obligations of the Federal Government or of the Government of a
Province, whether arising out of contract or otherwise, shall as from the commencing day, continue to
be respectively the rights, liabilities and obligations of the Federal Government or of the Government
of the Province, except that –
(a) all rights, liabilities and obligations relating to any matter which, immediately before that
day, was the responsibility of the Federal Government, but which under the Constitution,
has become the responsibility of the Government of a Province, shall devolve upon the
Government of that Province; and
(b) all rights, liabilities and obligations relating to any matter which, immediately before that
day, was the responsibility of the Government of a Province, but which under the
Constitution, has become the responsibility of the Federal Government, shall devolve
upon the Federal Government.
1 Ins. by the Constitution (Fourth Amdt.) Act, 1975 (71 of 1975), s. 11, (w.e.f. the 21st November, 1975).
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