THE GAZETTE OF PAKISTAN, EXTRA OCTOBER 2, 2017

ISLAMABAD, MONDAY, OCTOBER  2, 2017

PART I
 
Acts, Ordinances, President’s Orders and Regulations

NATIONAL ASSEMBLY SECRETARIAT

Islamabad, the 2nd October 2017

  No. F.22(27)/2017-Legis.—The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 2nd October 2017 is hereby published for general information.  

ACT NO. XXXIII OF 2017

An Act to amend, consolidate and unify laws relating to the conduct of elections.

The relevant part of this act is copied below;

Article 48 of the Act No. XXXIII of 2017

48. Enrolment of non-Muslims etc.—

(1) The Commission shall take special measures for registration of non-Muslims, persons with disabilities and transgender citizens in the electoral rolls as voters.

(2) The measures under sub-section (1) shall include coordinated action with the National Database and Registration Authority to expedite the issuance of National Identity Cards for non-Muslims, persons with disabilities and transgender citizens.

(3) No activity undertaken in connection with an election by the Commission or National Database and Registration Authority, as the case may be, shall be delayed, postponed or otherwise affected in any manner whatsoever merely on the ground of any measure being taken under this section or section 47.

DECLARATIONS BY THE CANDIDATE

1. I, ___________________________(nominated candidate), hereby declare that,—

(i) I have consented to the nomination and that I fulfill the qualifications specified in Article 62 of the Constitution and I am not subject to any of the disqualifications specified in Article 63 of the Constitution for being elected as a member of the National Assembly/ Senate/ Provincial Assembly; and

(ii) I belong to……………………………………………and certificate (Name of political party) from that political party showing that I am a party candidate from the above said constituency is attached or will be provided at the time of allocation of election symbol. OR I do not belong to any political party. [Note: Strike off the words not applicable]

(iii) I believe in the absolute and unqualified finality of the Prophet-hood of Muhammad (Peace Be Upon Him), the last of the Prophets and that I am not the follower of anyone who claims to be a prophet in any sense of the word or of any description whatsoever after Prophet Muhammad (Peace Be Upon Him), and that I do not recognize such a claimant to be prophet or a religious reformer, nor do I belong to the Qadiani group or the Lahori group or call myself an Ahmadi. [Note: This paragraph is for Muslim candidates only and is not applicable to non-Muslim candidates.]

(IV) I will be faithful to the declaration made by the Founder of Pakistan Quaid-e-Azam Muhammad Ali Jinnah, that Pakistan would be a democratic state based on Islamic principles of social justice. I will bear true faith and allegiance to Pakistan and uphold the sovereignty and integrity of Pakistan and that I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan.

(V) I have opened an exclusive Account No._____________ with ______________ (Name  and  Branch  of  Scheduled  Bank)  for  the  purpose     of  election expenses.

2. My NIC No. is

3. My Contact No. is ___________________________

4. My Email address is ……………………………………………

5. My statement of assets and liabilities including assets and liabilities of my spouse (s) and dependent children as on preceding thirtieth day of June on Form B is attached.

Date………………….                                                            Signature of the Candidate……………..

AS PASSED BY THE NATIONAL ASSEMBLY

A BILL

to amend  the Election Act, 2017

WHEREAS it is expedient to amend the Election Act, 2017 (XXXIII of  2017)  for  purposes  hereinafter  appearing;

It is  hereby enacted  as follows:-

  1. Short title and commencement.-
    • (1)  This  Act may be called the Elections (Amendment)  Act, 2017.
    • (2)  It shall come into force at once.
  2. Amendment of section 241 in  Act XXXIII  of  2017.-  In the Elections Act, 201 7 (XXXIII of 2017), hereinafter referred to as the  ‘said  Act’, in section 241, in clause (f), before the semicolon,  the expression  “except  Articles  1,  7B and  7C” shall be inserted.
  3. Amendment in Form A of Act XXXIII of  2017.- In the said Act,  m Form A, in  the  Declaration by the  Candidate:
    • (1) for the heading “DECLARATIONS BY THE CANDIDATE”, the express10n “DECLARATION AND OATH BY THE PERSON NOMINATED”  shall  be  substituted;
    • (2) under  the  heading  substituted  above,  for  subparagraphs  (i),   (ii), (iii), (iv) and   (v) of paragraph I, the  following shall be substituted:
      • 1.        I, the above mentioned candidate,  hereby declare on oath that,-
        • (i) I have consented to the above nomination and that  I fulfil the qualifications specified in Article 62 of the Constitution and I am not subject to any of the dis­ qualifications specified in Article 63 of the  Constitution or any other law for the time being in force for being elected as a member of the Senate/National Assembly/ Provincial Assembly. *
        • I   belong to  ………………………………………………….   and (Name of political party) a  certificate from that political party showing that  I  am a  party candidate from the above said constituency is attached. OR I do not belong to a political party.
      • 2. I,  the above mentioned candidate, solemnly swear that,-
        • **(i) I  believe in the absolute and unqualified finality of the Prophethood of  Muhammad  (peace be upon him),  the last of the prophets and that  I  am not the follower of anyone who claims to be a Prophet in any sense of the word or of any description whatsoever after Prophet Muhammad (peace be upon him),  and that  I  do not recognize such a claimant to be Prophet or a religious reformer, nor do I belong to the Qadiani group or the Lahori group or call myself an Ahmadi.
        • (ii) I will be faithful to the declaration made by the Founder of   Pakistan   Quaid-e-Azam   Muhammad Ali Jinnah, that Pakistan would be a  democratic state based on Islamic principles of social justice. I will bear true faith and allegiance to Pakistan and uphold the sovereignty and integrity of Pakistan and that I  will strive to preserve the Islamic  Ideology which is the basis for the creation of Pakistan.
      • 3. I, the above mentioned candidate, declare that I have opened  an  exclusive Account No.______________with _____________________(Name  and  Branch of Scheduled Bank) for the  purpose  of election expenses.”·
    • (3) the remaining paragraphs 2, 3, 4 and  5 shall be renumbered  as  4, 5, 6 and  7; and
    • (4) at the bottom of the page, the following expression shall be inserted:

“* Strike off the words not applicable. ** For  Muslim  candidates only”

STATEMENT OF OBJECTS AND REASONS

  1. Subsequent to the enactment of the Election Act, 2017 (XXXIII of 2017), misgivings have been expressed in the  National  Assembly and also reported in the media regarding the wording of the “DECLARATIONS 8Y THE CANDIDATE” in the nomination form (FORM A) attached with the Act.
  2. In order to avoid further controversy, there is consensus amongst the political parties in the National Assembly that the original text of “DECLARATION AND OATH 8Y THE PERSON NOMINATED”, included in original Form-IA, should be restored in toto.
  3. Misgivings have also been expressed regarding the omission of  Articles 7B and 7C consequent upon the repeal of the  Conduct of  General  Elections  Order, 2002 (Chief Executive’s Order No.7 of 2002). Again to avoid further controversy,  there is consensus amongst the political parties that the provisions of Article 7B and 7C  ibid be retained through amendment in section 241 of the  Election Act, 2017. Hence this Bill. 
                                                                                                                                                                  MR. ZAHID HAMID
                                                                                                                                                                  Minister for Law and Justice
                                                                                                                                                                  Minister-in-Charge

[AS PASSED BY THE NATION L ASSEMBLY]

A BILL

to amend the Elections Act, 2017

WHEREAS it is expedient to amend the Elections Act, 2017 (XXXIII of 2017) for purposes hereinafter appearing;

It is hereby enacted as follows:-

  1. Short title and commencement.-
    • (1) This Act may be called the Elections (Amendment) Act, 2017.
    • (2) It shall come into force at once.
  2. Insertion of section 48A in Act XXXIII of 2017.– In the Elections Act,  2017  (XXXIII of 2017), hereinafter referred to as the ‘said Act’, after section 48, the following section 48A shall be inserted:
    1. “48A. Status of Ahmadis etc. to remain unchanged.-  (1) Notwithstanding anything contained in this Act or any other law for the time being in force including Rules or forms prescribed thereunder, the status of Quadiani Group or the  Lahori Group (who call themselves ‘Ahmadis’ or by any other name) or a person who does not believe in the absolute and unqualified finality of the Prophethood of Muhammad (peace be upon him), the last of the prophets or claimed or claims to be a Prophet, in any sense of the word or of any description whatsoever, after Muhammad (peace be upon him) or recognizes such a claimant as a Prophet or religious reformer shall remain the same as provided in the Constitution of the Islamic Republic of Pakistan, 1973.
    2. If a person has got himself enrolled as voter and objection is filed before the Revising Authority notified under this Act that such a voter is not a Muslim, the Revising Authority shall issue a notice to him to appear before it within fifteen days and require him to sign a declaration reproduced b· low regarding his belief about the absolute and unqualified finality of the Prophethood of  Muhammad (peace be upon him). In case he refuses to sign the declaration as aforesaid, he shall be deemed to be a non-Muslim and his name shall be deleted from the joint electoral rolls and added to a supplementary list of voters in the same electoral area as non­ Muslim. In case the voter does not turn up in spite of service of notice, an ex-parte order may be passed against him.

Declaration and oath.

I, ____________________________(name of the voter), do solemnly swear that I believe, in the absolute and unqualified finality of the Prophethood of Muhammad (Peace be upon him), the last of the prophets and that I am not the follower of anyone who claims to be a Prophet in any sense of the word or of any description whatsoever after prophet Muhammad (Peace be upon him), and that I do not recognize such a claimant to be prophet or a religious reformer, nor do I belong to the Qadiani group or the Lahori group or call myself an Ahmadi.

(Name & Signature of Voter)

3.  Amendment of section 241 in Act XXXIII of 2017.- In the said Act, in section 241, in clause (f), before the Semicolon, the expression “except Articles 1, 7B and 7C” shall be omitted.

STATEMENT OF OBJECTS AND REASONS

The Bill seeks to incorporate and reaffirm the provisions of Articles 7B and 7C of the Conduct of General Elections Order, 2002 (Chief Executive’s Order No.7 of 2002) through addition of a new section 48A in the Elections Act, 2017. This Bill is in accordance with the suggestion earlier made by the Government in this regard. Hence, this Bill.

MR. ZAHID HAMID
Minister for Law and Justice
Minister-in-Charge

Relevant Part of Election Act 2017 Pdf File
Complete Election Act 2017 Pdf File