- (b) persons ordinarily resident in or in the territories now comprising the Province of West Pakistan at the time of committing the misconduct, or at any time thereafter.
(3) Save as provided in clause (4), the East Pakistan (Elective Bodies Disqualification) Tribunal shall enquire into and report upon cases relating to the misconduct of-
- (a) Persons who have held any office, post or position including the membership of any elective body, in or in connection with the affairs of the Province of East Pakistan or East Bengal; and
- (b) Persons ordinarily resident in the aforesaid Province at the time of commiuing the misconduct, or at any time thereafter.
(4) Where, in pursuance of the provisions of clauses (1), (2) and (3), enquiry and report, as respects any person may be made by more than one Tribunal, by reason of his residence, or on account of the charges being related to more than one office, post or position, then, notwithstanding anything in this Order, the President may, on a reference by any of the Tribunals, or otherwise, name the Tribunal by which the enquiry and report shall be made on all the charges against such person.
5. Disqualification of certain persons.- (1) Notwithstanding anything contained in this Order, or in any other law, a person shall stand disqualified until the thirty first day of December 1966, for being a member or a candidate for the membership of any clective body. -
- (a) If he is dismissed, removed or made to retire from the service of Government or of a public statutory corporation, on a charge other than that of inefficiency; or
- (b) If an order under section 3 of the Security of Pakistan Act, 1952 (XXXV of 1952), or a similar order under any other law relating to the prevention of acts prejudicial to the defense, or the external affairs, or the security of Pakistan or any part thereof, or to the maintenance of supplies and ervices essential to the community or the maintenance of public order, has ever been made against him; or
- (c) If he was found guilty by the Federal Court, a High Court or a Tribunal under the Public and Representative Offices (Disqualification) Act, 1949; or
- (d) If he has been convicted of any offence and sentenced to a term of imprisonment for more than two years or to transportation for any term.
6. Reference to Tribunal. - (1) A Tribunal shall not proceed to enquire into any charge of misconduct except on a reference in writing made to it by such officer, committee or authority as the appropriate Government may, by notification in the official Gazette, appoint in this behalf.
