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The federal government has announced the composition of the proposed Gilgit-Baltistan council in line with the Azad Jammu and Kashmir Council under the recent Gilgit-Baltistan Empowerment and Self Governance order 2009 and Prime Minister of Pakistan would be its chairman.
Under the composition, Prime Minister of Pakistan, Governor Gilgti-Baltistan and six members nominated by the Prime Minister from time-to-time from amongst Federal Ministers and members of the Parliament would be the members of the Council.
The Governor shall be the Vice-Chairman of the Council whereas the Minister of State for Kashmir Affairs and Gilgit-Baltistan shall be an ex officio non-voting member of the Council.
The seat of a member of the Council elected by the Assembly, hereinafter referred to as an elected member, shall become vacant if he resigns his seat by notice in writing under his hand addressed to the Chairman or, in his absence, to the Secretary of the Council or he is absent, without the leave of the Chairman, from ten consecutive sittings of the Council.
If he fails to make the oath referred to in clause (u) within a period of ninety days after the date, of his election, unless the Chairman, for good cause shown, extends the period or if he ceases to be qualified for being a member under any provision of this Order or any other law for the time being in force.
If any question arises whether a member has, after his election, become disqualified from being a member of the Council, the Chairman shall refer the question to the Chief Election Commissioner and if the Chief Election Commissioner is of the opinion that the member has become disqualified, the member shall cease to be member and his seat shall become vacant.
An election to fill a vacancy in the office of an elected member shall be held not later than thirty days from the occurrence of the vacancy.
An elected member shall hold office during term of the Council. An elected member shall, before entering upon office, make before the Chairman or the Vice Chairman oath in the form set out in the First Schedule.
The executive authority of the Council shall extend to all matters with respect to which the Council has power to make laws and shall be exercised, in the name of the Council, by the Chairman, who may act either directly or through the Secretariat of the Council of which Federal Minister for Kashmir Affairs and Gilgit-Baltistan shall be incharge.
The Chairman may from among the elected members of the Council appoint not more than three Advisors on such terms and conditions as he may determine. An advisor shall, before entering upon office, make before the Chairman oath in form set out in the First Schedule. An Advisor, who is a member of the Assembly, shall have the right to speak in, and otherwise take part in the proceedings of the Council, but shall not by virtue of this clause be entitled to vote.
The Council may make rules for regulating its procedure and the conduct of its business, and "shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings of the Council shall not be invalid on the ground that a person who was not entitled to do so sat, voted or otherwise took part in the proceedings. Orders and other instruments made, and executed in the name of the Council shall be authenticated in such manner as may be specified in rules to be made by the Council and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Council.
The Chairman may regulate the allocation and transaction of the business of the Council and may, for the convenient transaction of that business, delegate any of its functions to officers and authorities subordinate to it.
The Chairman shall have power to grant pardons, reprieves and respites and to remit, suspend or commute any sentence passed by any court, tribunal or other authority.

Copyright Business Recorder, 2009

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