Article 159 — Broadcasting and telecasting ................................ ................................ ....... 82

entrust to a Provincial Government such functions with re spect to broadcasting and telecasting as may be necessary to enable that Government — (a) to construct and use transmitters in the Province; and (b) to regulate, and impose fees in respect of, the construc tion and use of transmitters and the use of receiving app aratus in the Province: Provided that nothing in this clause shall be construed as requiring the Federal Government to entrust to any Provincial Government any control over the use of transmitters constructed or maintained by the Federal Government or by persons authorised by the Federal Government, or over the use of receiving apparatus by person so authorised. (2) Any functions so entrusted to a Provincial Government shall be exercised subject to such conditions as may be imposed by the Federal Governme nt, including, notwithstanding anything contained in the Constitution, any conditions with respect to finance, but it shall not be 1 New clause (3) added ibid. 83 lawful for the Federal Government so to impose any conditions regulating the matter broadcast or telecast by, or by authority of, the Provincial Government. (3) Any Federal law with respect to broadcasting and tele - casting shall be such as to secure that effect can be given to the foregoing provisions of this Article. (4) If any question arises whether any conditions imposed o n any Provincial Government are lawfully imposed, or whether any refusal by the Federal Government to entrust functions is unreasonable, the question shall be determined by an arbitrator appointed by the Chief Justice of Pakistan. (5) Nothing in this Arti cle shall be construed as restricting the powers of the Federal Government under the Constitution for the prevention of any grave menace to the peace or tranquillity of Pakistan or any part thereof. ____________ 84 PART VI Finance, Property, Contracts a nd Suits 160. National Finance Commission