Chapter 3: The Provincial Governments


 286[ 287[

129. The Provincial Government:
(1) Subject to the Constitution, 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.
 
 
] 287
 288[
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.
 
(2) The Provincial Assembly shall meet on the twenty-first day following the day on which a general election to the Assembly is held, unless sooner summoned by the Governor.
 
(3) After the election of the Speaker and the Deputy Speaker, the Provincial Assembly shall, to the exclusion of any other business, proceed to elect without debate one of its members to be the Chief Minister.
 
(4) The Chief Minister shall be elected by the votes of the majority of the total membership of the Provincial Assembly:
Provided that, if no member secures such majority in the first poll, a second poll shall be held between the members who secure the two highest numbers of votes in the first poll and the member who secures a majority of votes of the members present and voting shall be declared to have been elected as Chief Minister:
Provided further that, if the number of votes secured by two or more members securing the highest number of votes is equal, further polls shall be held between them until one of them secures a majority of votes of the members present and voting.
 
(5) The member elected under clause (4) shall be called upon by the Governor to assume the office of Chief Minister and he shall, before entering upon the office, make before the President oath in the form set out in the Third Schedule:
Provided that 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 and the total strength of the Cabinet shall not exceed fifteen members or eleven percent of the total membership of a Provincial Assembly, whichever is higher:
Provided that the aforesaid limit shall be effective from the next general elections after the commencement of the Constitution (Eighteenth Amendment) Act, 2010.
 
(7) 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.
 
(8) The Chief Minister may, by writing under his hand addressed to the President, resign his office.
 
(9) A Minister who for any period of six consecutive months is not a member of the Provincial Assembly shall, at the expiration of that period, cease to be a Minister and shall not before the dissolution of that Assembly be again appointed a Minister unless he is elected a member of that Assembly.
 
(10) Nothing 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.
 
(11) The Chief Minister shall not appoint more than five Advisers.
 
 
] 288
 292[
131. Governor to be kept informed:
The Chief Minister shall keep the Governor informed on matters relating to Provincial administration and on all legislative proposals the Provincial Government intends to bring before the Provincial Assembly.
 
] 292] 286
132 Provincial Minister.
(1) Subject to clauses  293[(9) and (10)] 293 of Article 130, the Governor shall appoint Provincial Ministers from amongst members of the Provincial Assembly on the advice of the Chief Minister.
 
(2) Before entering upon office, a Provincial Minister shall make before the Governor oath in the form set out in the Third Schedule.
 
(3) A Provincial Minister may, by writing under his hand addressed to the Governor, resign his office or may be removed from office by the Governor on the advice of the Chief Minister.
 
 
133 Chief Minister continuing in office.
The Governor may ask the Chief Minister to continue to hold office until his successor enters upon the office of Chief Minister.
 
 294[] 294
 295[] 295
 296[
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.
 
 
] 296
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  297[Majlis-e-Shoora (Parliament)] 297 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  298[Majlis-e-Shoora (Parliament)] 298 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.
 
 299[
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  300[Provincial Government] 300 shall by rules specify the manner in which orders and other instruments made and executed in his name 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.
 
 301[
(3) The Provincial Government shall also make rules for the allocation and transaction of its business.
 
] 301
 
] 299
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  302[and shall not engage in private practice so long as he holds the office of the Advocate-General.] 302
 
(4) The Advocate-General may, by writing under his hand addressed to the Governor, resign his office.
 
 
 303[
140A. Local Government:
(1) Each Province shall, by law, establish a local government system and devolve political, administrative and financial responsibility and authority to the elected representatitves of the local governments.
 
(2) Elections to the local governments shall be held by the Election Commission of Pakistan.
 
 
] 303

Notes

286   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 27 (with effect from March 2, 1985) for :
129
(1) Subject to the Constitution, 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.
 
(3) The Chief Minister and the Provincial Ministers shall be collectively responsible to the Provincial Assembly.
 
 
130
The Chief Minister shall keep the Governor informed on matters relating to Provincial administration and on all legislative proposals the Provincial Government intends to bring before the Provincial Assembly.
 
131
(1) The Provincial Assembly shall meet on the thirtieth day following the day on which a general election to the Assembly is held, unless sooner summoned by the Governor.
 
(2) After the election of the Speaker and the Deputy Speaker, the Provincial Assembly shall, to the exclusion of any other business, proceed to elect without debate one of its members to be the Chief Minister.
 
(3) The Chief Minister shall be elected by the votes of the majority of the total membership of the Provincial Assembly.
Provided that, if no member secures such majority in the first poll, a second poll shall be held between the members who secure the two highest numbers of votes in the first poll and the member who secures a majority of votes of the members present and voting shall be declared to have been elected as Chief Minister;
Provided further that, if the number of votes secured by two or more members securing the highest number of votes is equal, further polls shall be held between them until one of them secures a majority of votes of the members present and voting.
 
(4) The member elected under clause (3) shall be called upon by the Governor to assume the office of Chief Minister and he shall before entering upon the office make before the Governor oath in the form set out in the Third Schedule.
 
 
287   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 42 (with effect from April 19, 2010) for :
129 Exercise of executive authority of Province.
The executive authority of the Province shall vest in the Governor and shall be exercised by him, either directly or though officers subordinate to him, in accordance with the Constitution.
 
288   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 43 (with effect from April 19, 2010) for :
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.
 
(2) The Governor shall appoint from amongst the members of the Provincial Assembly a Chief Minister who, in his opinion, is likely to command the confidence of the majority of the members of the provincial Assembly.
 
 289[
(2A) Notwithstanding anything contained in clause (2) after the twentieth day of March, one thousand nine-hundred and eighty-eight, the Governor shall invite the member of the Provincial Assembly to be the Chief Minister who commands the confidence of the members of the Provincial Assembly, as ascertained in session of the Assembly summoned for the purpose in accordance with the provisions of the Constitution:
Provided that nothing contained in this clause shall apply to a Chief Minister holding office on the twentieth day of March, one thousand nine hundred and eighty eight, in accordance with provisions of the Constitution.
 
] 289
(3) The person appointed under clause (2)  290[or, as the case may be, invited under clause(2A)] 290 shall, before entering upon the office, make before the Governor oath in the form set out in the Third Schedule and shall within a period of sixty days thereof obtain a vote of confidence from the Provincial Assembly.
 
(4) The Cabinet shall be collectively responsible to the Provincial Assembly.
 
 291[
(5) 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.
 
] 291
(6) The Chief Minister may, by writing under his hand addressed to the Governor, resign his office.
 
(7) A Minister who for any period of six consecutive months is not a member of the Provincial Assembly shall, at the expiration of that period, cease to be a Minister, and shall not before the dissolution of that Assembly be again appointed a Minister unless he is elected a member of that Assembly.
 
(8) 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.
 
 
289   Inserted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 16(a) (with effect from November 9, 1985).
290   Inserted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 16(b) (with effect from November 9, 1985).
291   Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 16(c) (with effect from November 9, 1985) for :
(5) 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.
 
292   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 44 (with effect from April 19, 2010) for :
131 Duties of Chief Minister in relation to Governor.
It shall be the duty of the Chief Minister-
(a) to communicate to the Governor all decisions of the Cabinet relating to the administration of the affairs of the Province and proposals for legislation;
(b) to furnish such information relating to the administration of the affairs of the Province and proposals for legislation as the Governor may call for; and
(c) if the Governor so requires, to submit for consideration of the Cabinet any matter on which a decision has been taken by the Chief Minister or a Minister but which has not been considered by the Cabinet.
 
293   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 45 (with effect from April 19, 2010) for "(7) and (8)".
294   The following was omitted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 29 (with effect from March 2, 1985) : :
134 Resignation by Chief Minister.
(1) Subject to clause (2), the Chief Minister may by writing under his hand addressed to the Governor, resign his office and, when the Chief Minister resigns, the Provincial Ministers shall cease to hold office.
 
(2) The Chief Minister and, at the request of the Chief Minister, a Provincial Minister, shall continue to perform the functions of the office of Chief Minister or, as the case may be, Provincial Minister until a new Chief Minister has been elected and has entered upon his office.
 
(3) If the Provincial Assembly is in session at the time when the Chief Minister resigns his office, the Assembly shall forthwith proceed to elect a Chief Minister, and if the Assembly is not in session the Governor shall for that purpose summon it to meet within fourteen days of the resignation.
 
 
295   The following was omitted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 29 (with effect from March 2, 1985) : :
135 Provincial Minister performing functions of Chief Minister.
(1) In the event of the death of the Chief Minister or of the office of Chief Minister becoming vacant by reason of his ceasing to be a member of the Provincial Assembly, the most senior Provincial Minister for the time being shall be called upon by the Governor to perform the functions of that office and the Provincial Ministers shall continue in office until a new Chief Minister has been elected and has entered upon his office.
 
(2) If the Provincial Assembly is in session at the time when the Chief Minister dies or the office of Chief Minister becomes vacant, the Assembly shall forthwith proceed to elect a Chief Minister, and if the Assembly is not in session the Governor shall for that purpose summon it to meet within fourteen days of the death of the Chief Minister or, as the case may be, of the office becoming vacant.
 
(3) When the Chief Minister, by reason of absence from Pakistan or any other cause, is unable to perform his functions, the most senior Provincial Minister for the time being shall perform the functions of Chief Minister until the Chief Minister returns to Pakistan or, as the case may be, resumes his functions.
 
(4) In this Article, "most senior Provincial Minister" means the Provincial Minister for the time being designated as such by the Chief Minister.
 
 
296   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 30 (with effect from March 2, 1985) for :
136.
(1) A resolution for a vote of no-confidence may be passed against the Chief Minister by the Provincial Assembly.
 
(2) A resolution referred to in clause (1) shall not be moved in the Provincial Assembly unless, by the same resolution, the name of another member of the Assembly is put forward as the successor.
 
(3) A resolution referred to in clause (1) shall not be moved in the Provincial Assembly while the Provincial Assembly is considering demands for grants submitted to it in the Annual Budget Statement.
 
(4) 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.
 
(5) If the resolution referred to in clause (1) is passed by a majority of the total membership of the Provincial Assembly, the Governor shall call upon the person named in the resolution as the successor to assume office and on his entering upon office his predecessor and the Provincial Minister appointed by him shall cease to hold office.
Provided that, for a period of ten years from the commencing day or the holding of the second general election to the Provincial Assembly, whichever occurs later, the vote of a member, elected to the Provincial Assembly as a candidate or nominee of a political party, cast in support of a resolution for a vote of no-confidence shall be disregarded if the majority of the members of that political party in the Provincial Assembly has cast its votes against the passing of such resolution.
 
(6) If a resolution referred to in clause (1) is not passed, another such resolution shall not be moved until a period of six months has elapsed.
 
 
297   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
298   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
299   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 31 (with effect from March 2, 1985) for :
139.
(1) Orders, and other instruments made and executed in the name of the Governor shall be authenticated in such manner as may be specified in rules to be made by the Provincial Government, 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 Governor.
 
(2) The Provincial Government may regulate the allocation and transaction of its business and may for the convenient transaction of that business delegate any of its functions to officers or authorities subordinate to it.
 
 
300   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 46(i) (with effect from April 19, 2010) for "Governor".
301   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 46(iii) (with effect from April 19, 2010) for :
(3) The Governor shall also make rules for the allocation and transaction of the business of the Provincial Government.
 
302   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 47 (with effect from April 19, 2010).
303   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 48 (with effect from April 19, 2010) for :
 304[
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.
 
] 304
304   Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 16 (with effect from August 21, 2002).