পাতা:বাংলাদেশের স্বাধীনতা যুদ্ধ দলিলপত্র (প্রথম খণ্ড).pdf/৩৭১

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বাংলাদেশের স্বাধীনতা যুদ্ধ দলিলপত্রঃ প্রথম খণ্ড
৩৪৬

 142. Obligation of Units and Federation and control of Federation over Units In certain cases.- (1) The executive power of every Unit should be so exercised as to ensure compliance with the laws made by the Federal Legislature and any existing laws which apply to that Unit and the executive power of the Federation should extend to the giving of such directions to a Unit as may appear to the Federal Government to be necessary for that purpose.

 (2) The executive power of every Unit should be so exercised as not to impede or prejudice the exercise of the executive power of the Federation, and the executive power of the federation should extend to the giving of such direction to a Unit as may appear to the Federal Government to be necessary for the purpose.

 (3) The executive power of the Federation should also extend to the giving of directions to a Unit as to the construction and maintenance of means of communications declared in the direction to be of national or military importance:

 Provided that nothing in this sub-paragraph should be taken as restricting the power of the Federal Legislature to declare highways or waterways to be national highways or national waterways or the power of the Federation with respect to the highways or waterways so declared, or the powers of the Federation to construct and maintain means of communication as part of its functions with respect to naval, military and air force works.

 (4) The executive power of the Federation should extend to the giving of directions to a Unit as to the measures to be taken for the protection of railways within the Unit.

 (5) Where, in carrying out any direction given to a Unit under sub-paragraph (3) as to the construction or maintenance of any means of communication or under sub- paragraph (4) as to the measures to be taken for the protection of any railway, costs have been incurred in excess of those which would have been incurred in the discharge of the normal duties of the Unit if such direction had not been given, there should be paid by the Federal Government to the Unit, such sum as may be agreed, or in default of agreement, as may be determined in accordance with the procedure prescribed for the settlement of disputes between the Federation and the Units in paragraph 143.

 143. Disputes other than disputes relating to interpretations of Constitution.- All disputes between the Federation and the Units or between the Units inter se, other than those specified in paragraph 175, including disputes relating to supply of water or national sources of supply of water and disputes for contributions towards the expenditure incurred in connection with the needs of the Federation and the Units or more than one Unit, should be settled by a tribunal to be set up by the Chief Justice of Pakistan at the request of any party. The report of the tribunal should be submitted to the Chief Justice of Pakistan, who should see that the purpose for which the tribunal was appointed has been carried out. The report should then be submitted to the Head of the State for decision.

 144. Inter-Unit Councils.- The Head of the State should have the authority to set up one or more Councils for dealing with matters of common interest between more than one Unit or the Unit and the Federation, with the consent of the parties concerned.