Law: West Pakistan Requisitioning of Immovable Property (Temporary Powers) Act (VII of 1956)

Section: 3

(a) West Pakistan Requisitioning of Immovable Property (Temporary Powers) Act (VII of 1956), S. 3-Minister-A "Government Officer"-Requisitioning of property for residence of Minister-Validity.   (b) West Pakistan Immovable Property (Temporary Powers) Act (VII of 1956), S. 3-Constitution of Pakistan (1962), Arts. 80, 81, 82, 118 (5) & 103 (2) (a)-Minister-Position that of subordinate Officer to Governor-Words "Minister", "Officer" and "Government"-Meaning-Government and its Officers --Not separate entities.   Where the contention was that the provisions of Article 82 of the Constitution of Pakistan, 1962 require that in order to be a member of the Governor's Council of Ministers a person must be qualified to be elected as a Member of the Provincial Assembly and under Article 103(2)(a) a person cannot be a Member of the Provincial Assembly if he is a Government servant and, therefore, it was urged, that a member of the Governor's Council of Ministers is not covered by the expression "Government Servant".   Held: A combined reading of Articles 80, 81, 82 and 118(5) of the Constitution will indicate that a Minister assists the Governor in the performance of his executive functions and is, therefore, an officer subordinate to the latter.   "Minister" as defined in Black's Law Dictionary, Third Edition, means:   "One of the highest functionaries in the organization of civil government, standing next to the sovereign or executive bead, acting as his immediate auxiliary, and being generally charged with the administration of one of the great bureaus or depart ments of the executive branch of government. Otherwise called a "cabinet minister", "secretary of state", or "secretary of a department".   That word "officer" has been defined in Black's Law Dictionary as: "An officer is one who is invested with some portion of the functions of the Government to be exercised for the public benefit. In a popular sense, an officer is one holding a position of trust and authority in any kind of an organization-civil,…