Federation 3

GOVERNOR AND PROVINCIAL GOVT

Lecture 6
For MPA 2, COMSATS ATTOCK
 101. Appointment of Governor.-
(1) There shall be a Governor for each Province, who shall be
appointed by the President on the advice of the Prime Minister.]
(2) A person shall not be appointed a Governor unless he is
qualified to be elected as member of the National Assembly and is
not less that thirty-five years of age and is a registered voter and
resident of the Province concerned
(3) The Governor shall hold office during the pleasure of the
President and shall be entitled to such salary, allowances and
privileges as the President may determine.
(4) The Governor may, by writing under his hand addressed to the
President, resign his office.
(5) The President may make such provision as he thinks fit for the
discharge of the functions of a Governor in any contingency not
provided for in this Part.
 102. Oath of office.- the Governor shall make before the Chief
Justice of the High Court oath
103. Conditions of Governor's office.- (1) The Governor shall not
hold any
office of profit in the service of Pakistan
(2) The Governor shall not be a member or candidate for election
as a member of Majlis-e-Shoora (Parliament)] or a Provincial
Assembly
104. Speaker Provincial Assembly to act as, or perform functions
of Governor in his absence.-
105. Governor to act on advice, etc.- (1) Subject to the
Constitution, in the performance of his functions, the Governor
shall act on and in accordance with the advice of the Cabinet, or the
Chief Minister.
 106. Constitution of Provincial
Assemblies.
(1) Each Provincial Assembly shall consist of
general seats and seats reserved for women
and non-Muslims as specified herein below.-
General Seats Women Non-Muslims Total

Balochistan 51 11 3 65
Khyber Pakhtunkhwa 99 22 3 124
Punjab 297 66 8 371
Sindh 130 29 9 168
 107. Duration of Provincial Assembly.-
108. Speaker and Deputy Speaker
109. Summoning and prorogation of Provincial Assembly.- The
Governor
may from time to time summon and prorogue the Provincial
Assembly.
110. Right of Governor to address Provincial Assembly.- The
Governor may address the Provincial Assembly and may for that
purpose require the attendance of the members.
111. Right to speak in Provincial Assembly.- The Advocate-General
shall have the right to speak and otherwise take part in the
proceedings of the Provincial Assembly or any committee thereof of
which he may be named a member, but shall not by virtue of this
Article be entitled to vote.
 112. Dissolution of Provincial
Assembly.-
(1) The Governor shall dissolve the Provincial Assembly
if so advised by the Chief Minister; and the Provincial
Assembly shall, unless sooner dissolved, stand
dissolved at the expiration of forty-eight hours after
the Chief Minister has so advised.
The Governor may also dissolve the Provincial Assembly
in his discretion, but subject to the previous approval of
the President, where a vote of no-confidence having been
passed against the Chief Minister, no other member of
the Provincial Assembly commands the confidence of the
majority of the members of the Provincial Assembly.
 113. Qualifications and disqualifications for
membership of Provincial Assembly.- The
qualifications and disqualifications for
membership of the National Assembly set out in
Articles 62 and 63 shall also apply for
membership of provincial Assembly.
114. Restriction on discussion in Provincial
Assembly.- No discussion shall take place in a
Provincial Assembly with respect to the conduct
of any Judge of the Supreme Court or of a High
Court in the discharge of his duties.
 116. Governor's assent to Bills
(1) When a Bill has been passed by the Provincial Assembly, it shall
be presented to the Governor for assent.
(2) The Governor shall, within ten] days, (a) assent to the Bill; or
(b) in the case of a Bill other than a Money Bill, return the Bill to the
Provincial Assembly with a message requesting that the Bill, or any
specified provision thereof, be reconsidered and that any
amendment specified in the message be considered.
(3) If the Provincial Assembly again passed, with or without
amendment, it shall be again Presented to the Governor and the
Governor shall give his assent within ten days, failing which such
assent shall be deemed to have been given.
(4) When the Governor has assented or is deemed to have
assented] to a Bill, it shall become law and be called an Act of
Provincial Assembly.
 127. Provisions relating to National Assembly,
etc., to apply to Provincial Assembly, etc.-
Subject to the Constitution, the provisions of clauses (2) to (8) of Article 53,
clauses (2) and (3) of Article 54, Article 55, Articles 63 to 67, Article 69, Article 77,
Article 87 and Article 88 shall apply to and in relation to a Provincial Assembly or a
committee or members thereof or the Provincial Government, but so that
(a) any reference in those provisions to Majlis-e-Shoora (Parliament), a House or
the National Assembly shall be read as a reference to the Provincial Assembly;
(b) any reference in those provisions to the President shall be read as a reference
to the Governor of the Province;
(c) any reference in those provisions to the Federal Government shall be, read as a
reference to the Provincial Government;
(d) any reference in those provisions to the Prime Minister shall be read as a
reference to the Chief Minister;
(e) any reference in those provisions to a Federal Minister shall be read as a
reference to a Provincial Minister;
(f) any reference in those provisions to the National Assembly of Pakistan shall be
read as a reference to the Provincial Assembly in existence immediately before the
commencing day ; and
(g) the said clause (2) of Article 54 shall have effect as if, in the proviso thereto, for
the words "one hundred and thirty" the word 69[one hundred] were substituted.
128. Power of Governor to romulgate
Ordinances.-
(1) The Governor may, except when the Provincial Assembly is in session,,
make and promulgate an Ordinance as the circumstances may require.
(2) An Ordinance promulgated under this Article shall have the same force
and effect as an Act of the Provincial Assembly
(a) shall be laid before the Provincial Assembly and shall stand repealed at
the expiration of ninety days from its promulgation or, if before the
expiration of that period a resolution disapproving it is passed by the
Assembly, upon the passing of that resolution:
Provided that the Provincial Assembly may by a resolution extend the
Ordinance for a further period of ninety days and it shall stand repealed at
the expiration of the extended period, or if before the expiration of that
period a resolution disapproving it is passed by the Assembly, upon the
passing of that resolution:
Provided further that extension for a further period may be made only
once.]
(b) may be withdrawn at any time by the Governor.
129. The Provincial Government.-,
The executive authority of the Province shall
be exercised in the name of the Governor by
the Provincial Government, consisting of the
Chief Minister and Provincial Ministers, which
shall act through the Chief Minister.
(2) In the performance of his functions under
the Constitution, the Chief Minister may act
either directly or through the Provincial
Ministers.]
 130. The Cabinet.
[130. The Cabinet.- (1) There shall be a Cabinet of Ministers, with
the Chief Minister at its head, to aid and advise the Governor in the
exercise of his functions.
The Provincial Assembly shall meet on the twenty-first day
following the day on which a general election to the Assembly is
held.
After the election of the Speaker and the Deputy Speaker, the
provincial Assembly to elect without debate one of its members to
be the Chief Minister.
The Chief Minister shall be elected by the votes of the majority of
the total membership of the Provincial Assembly:
There shall be no restriction on the number of terms for the office
of the Chief Minister.
 (6) The Cabinet shall be collectively responsible to the Provincial Assembly
Total strength of the Cabinet shall not exceed fifteen members or eleven
percent of the total membership of a Provincial Assembly, whichever is
higher:

The Chief Minister shall hold office during the pleasure of the Governor,
but the Governor shall not exercise his powers under this clause unless he
is satisfied that the Chief Minister does not command the confidence of
the majority of the members of the Provincial Assembly, in which case he
shall summon the Provincial Assembly and require the Chief Minister to
obtain a vote of confidence from the Assembly.
The Chief Minister may, by writing under his hand addressed to the
Governor, resign his office.
Nothing contained in this Article shall be construed as disqualifying the
Chief Minister or any other Minister for continuing in office during any
period during which the Provincial Assembly stands dissolved, or as
preventing the appointment of any person as Chief Minister or other
Minister during any such period.
The Chief Minister shall not appoint more than five Advisers.]
 136. Vote of no-confidence against Chief Minister.- (1)
A resolution for a vote of no-confidence moved by not
less than twenty per centum of the total membership
of the Provincial Assembly may be passed against the
Chief Minister by the Provincial Assembly.
(2) A resolution referred to in clause (1) shall not be
voted upon before the expiration of three days, or later
than seven days, from the day on which such
resolution is moved in the Provincial Assembly.
(3) If the resolution referred to in clause (1) is passed
by a majority of the total membership of the Provincial
Assembly, the Chief Minister shall cease to hold office.
 137. Extent of executive authority of
Province.
Subject to the Constitution, the executive authority of
the Province shall extend to the matters with respect
to which the Provincial Assembly has power to make
laws:
Provided that, in any matter with respect to which both
Majlis-e-Shoora (Parliament) and the Provincial
Assembly of a Province have power to make laws, the
executive authority of the Province shall be subject to,
and limited by, the executive authority expressly
conferred by the Constitution or by law made by
Majlis-e-Shoora (Parliament) upon the Federal
Government or authorities thereof.
 138. Conferring of functions on subordinate authorities.-
On the recommendation of the Provincial Government, the
Provincial Assembly may by law confer functions upon
officers or authorities subordinate to the Provincial
Government.
139. Conduct of business of Provincial Government.- (1)
All executive actions of the Provincial Government shall be
expressed to be taken in the name of the Governor.
(2) The [Provincial Government] shall by rules specify the
manner in which orders and other instruments made and
executed [in the name of Governor] shall be authenticated,
and the validity of any order or instrument so
authenticated shall not be questioned in any court on the
ground that it was not made or executed by the Governor.
(3) The Provincial Government shall also make rules for the
allocation and transaction of its business.]
140. Advocate-General for a Province.
(1) The Governor of each Province shall appoint a
person, being a person qualified to be appointed a
Judge of the High Court, to be the Advocate-General
for the Province.
(2) It shall be the duty of the Advocate-General to give
advice to the Provincial Government upon such legal
matters, and to perform such other duties of a legal
character, as may be referred or assigned to him by the
Provincial government.
(3) The Advocate-General shall hold office during the
pleasure of the Governor 79[and shall not engage in
private practice so long as he holds the office of the
Advocate-General]
(4) The Advocate-General may, by writing under his
hand addressed to the Governor, resign his office
 140A. Local Government.- Each Province shall,
by law, establish a local government system
and devolve political, administrative and
financial responsibility and authority to the
elected representatives of the local
governments.
(2) Elections to the local governments shall be
held by the Election Commission of Pakistan.]