পাতা:বাংলাদেশের স্বাধীনতা যুদ্ধ দলিলপত্র (প্রথম খণ্ড).pdf/৫৬৫

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বাংলাদেশের স্বাধীনতা যুদ্ধ দলিলপত্রঃ প্রথম খণ্ড
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Government of the Province, and all or any of the powers vested in, or exercisable by anybody or authority in the Province other than the Provincial Legislature, and make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending, in whole or in part, the operation of any provisions of the Constitution relating to any body or authority in the Province:

 Provided that nothing in sub-clause (c) shall authorize the President to assume to himself, or direct the Governor of the Province to assume on his behalf, any of the powers vested in or exercisable by a High Court, or to suspend either in whole or in part the operation of any provisions of the Constitution relating to High Courts.

 (3) The Power of Parliament to make laws for a Province with respect to any matter shall include power to make laws conferring powers and imposing duties, or authorizing the conferring of powers and the imposition of duties, upon the Federation, of officers and authorities of the Federation, as respects that matter.

(4) Nothing in this Article shall restrict the power of a Provincial Legislature to make any law which under the Constitution it has power to make, but if any provision of a Provincial law is repugnant to any provision of a Federal law, which Parliament has under this Article power to make, the Federal law, where passed before, or after the Provincial law, shall prevail and the Provincial law, shall, to the extent of the repugnancy, but so long only as the Federal law continues to have effect, be void.

 (5) A law made by Parliament which Parliament would not but for the issue of a Proclamation have been competent to make, shall, to the extent of the incompetency. cease to have effect on the expiration of a period of six months after the Proclamation has ceased to operate, except as respects things done or omitted to be done before the expiration of the said period.

 (6) A Proclamation shall be laid before the National Assembly as soon as conditions made it practicable for the President to summon that Assembly, and if approved by the Assembly, shall remain in force until it is revoked, or if disapproved, shall cease to operate from the date of disapproval.

 (7) A Proclamation declaring that the security of Pakistan or any part thereof is threatened by war or external aggression may be made before the actual occurrence of war or any such aggression if the President is satisfied that there is imminent danger thereof.

 192. President's power to suspend fundamental rights etc., during emergency period.- (1) While a Proclamation issued under Article 191 is in operation, the President may. by Order, declare that the right to move any court for the enforcement of such of the rights conferred by Part II as may be specified in the Order, and all proceedings pending in any court for the enforcement of the rights so specified, shall remain suspended for the period during which the Proclamation is in force.