Section 48: Disquali fications. A person shall be disqualified from being elected as, and

48. Disquali fications. A person shall be disqualified from being elected as, and from being, a member of an Assembly, if:— (a) he has been, on conviction for any offence, sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his release; or (b) he has been dismissed or removed or compulsorily retired from the service of Pakistan, unless a period of five years has elapsed since his dismissal or removal or compulsory retirement; or (c) he, whether by himself or by any person in trust for him or for his benefit or on his account or as a member of a Hindu undivided family, has any share or interest in a contract, not being a contract between a co operative society and Government, for the supply of goods to, or for the execution of any work or the performance of any service undertaken by Government : Provided that the disqualification under this clause shall not apply to a person— (i) where the share or interest in the contract devolves on him by inheritance or succession or as a legatee executor or administrator, until the expiration of six months after it has so devolved on him; or (ii) where the contract has been entered into by or on behalf of a public company as defined in the Companies Act, 1913 (VII of 1913), of which he is a share holder but is neither a director nor a person holding an office of profit under the company nor a managing agent; or (iii) where the contract entered into by him in the course of his trade or business with the Government for the supply of goods to, or for the execution for any work or the performance of any service undertaken, by that Government, does not subsist; Explanation.—A contract shall not be deemed to subsist by reason only of the fact that the person was enrolled as a contractor with the Government or that the government has not performed its part of the contract, either wholly or in part. iii­ where he is a member of a Hindu undivided family and the contract has been entered into by any other member of that family in the course of carrying on a separate business in which he has no share or interest; (d) he is a managing agent, manager or secretary of, or holds any other office carrying the right to remunera tion in any company or corporation (other than a cooperative society) in the capital of which the Government has not less than twenty­five per cent share or which is managed by the Government; or (e) he is found guilty of a corrupt or illegal practice under any other law for the time being in force, unless a period of five years has elapsed from the date on which that order takes effect; or (f) he holds any office of profit in the service of Pakistan other than the following offices, namely:— (i) an office which is not a whole time office remunerated either by salary or by fee; (ii) the office of Lambardar, whether called by this or any other title; (iii) the Qaumi Razakars; (iv) any office the holder whereof, by virtue of holding such office, is liable to be called up for military training or military service under any law providing for the constitution or raising of a force. Explanation.—For the avoidance of doubt, it is hereby declared that a judge of Supreme Court or a High Court the Auditor­General and an Advocate­General are persons holding an office of profit in the service of Pakistan.

Effective date: 1976-01-01

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