| 117 |
Bill not to lapse on prorogation,
etc.
| (1) |
A Bill pending in a Provincial
Assembly shall not lapse by reason of the prorogation
of the Assembly. |
| |
| (2) |
A Bill pending in a Provincial
Assembly shall lapse on the dissolution of the Assembly. |
| |
|
| |
| 118 |
Provincial Consolidated Fund
and Public Account.
| (1) |
All revenues received
by the Provincial Government, all loans raised by that
Government, and all moneys received by it in repayment
of any loan, shall form part of a consolidated fund, to
be known as the Provincial Consolidated Fund. |
| |
| (2) |
All other moneys
| (a) |
received by or
on behalf of the Provincial Government; or |
| (b) |
received by or
deposited with the High Court or any other court
established under the authority of the Province; |
shall be credited to the Public Account of the Province. |
| |
|
| |
| 119 |
Custody, etc., of Provincial
Consolidated Fund and Public Account.
The custody of the Provincial Consolidated Fund, the payment of
moneys into that Fund, the withdrawal of moneys therefrom, the
custody of other moneys received by or on behalf of the Provincial
Government, their payment into, and withdrawal from, the Public
Account of the Province, and all matters connected with or ancillary
to the matters aforesaid, shall be regulated by Act of the Provincial
Assembly or, until provision in that behalf is so made, by rules
made by the Governor. |
| |
| 120 |
Annual Budget Statement.
| (1) |
The Provincial Government
shall, in respect of every financial year, cause to be
laid before the Provincial Assembly a statement of the
estimated receipts and expenditure of the Provincial Government
for that year, in this Chapter referred to as the Annual
Budget Statement. |
| |
| (2) |
The Annual Budget Statement
shall show separately :-
| (a) |
the sums required
to meet expenditure described by the Constitution
as expenditure charged upon the Provincial Consolidated
Fund; and |
| (b) |
the sums required
to meet other expenditure proposed to be made
from the Provincial Consolidated Fund; |
and shall distinguish expenditure on revenue account from
other expenditure. |
| |
|
| |
| 121 |
Expenditure charged upon Provincial
Consolidated Fund.
The following expenditure shall be expenditure charged upon the
Provincial Consolidated Fund:
| (a) |
the remuneration payable
to the Governor and other expenditure relating to his
office, and the remuneration payable to :-
| (i) |
the Judges of
the High Court; and |
| (ii) |
the Speaker and
Deputy Speaker of the Provincial Assembly; |
|
| |
| (b) |
the administrative expenses,
including the remuneration payable to officers and servants,
of the High Court and the Secretariat of the Provincial
Assembly; |
| |
| (c) |
all debt charges for which
the Provincial Government is liable, including interest,
sinking fund charges, the repayment or amortisation of
capital, and other expenditure in connection with the
raising of loans, and the service and redemption of debt
on the security of the Provincial Consolidation Fund; |
| |
| (d) |
any sums required to satisfy
any judgment, decree or award against the Province by
any Court or tribunal; and |
| |
| (e) |
any other sums declared
by the Constitution or by Act of the Provincial Assembly
to be so charged. |
| |
|
| |
| 122 |
Procedure relating to Annual
Budget Statement.
| (1) |
So much of the Annual
Budget Statement as relates to expenditure charged upon
the Provincial Consolidated Fund may be discussed in,
but shall not be submitted to the vote of, the Provincial
Assembly. |
| |
| (2) |
So much of the Annual
Budget Statement as relates to other expenditure shall
be submitted to the Provincial Assembly in the form of
demands for grants, and that Assembly shall have power
to assent to, or to refuse to assent to, any demand, or
to assent to any demand subject to a reduction of the
amount specified therein: 277[] 277 |
| |
| (3) |
No demand for a grant
shall be made except on the recommendation of the Provincial
Government. |
| |
|
| |
| 123 |
Authentication of schedule
of authorised expenditure.
| (1) |
The Chief Minister shall
authenticate by his signature a schedule specifying :-
| (a) |
the grants made
or deemed to have been made by the Provincial
Assembly under Article 122 and |
| (b) |
the several sums
required to meet the expenditure charged upon
the Provincial Consolidated Fund but not exceeding,
in the case of any sum, the sum shown in the statement
previously laid before the Assembly. |
|
| |
| (2) |
The schedule so authenticated
shall be laid before the Provincial Assembly, but shall
not be open to discussion or vote thereon. |
| |
| (3) |
Subject to the Constitution,
no expenditure from the Provincial Consolidated Fund shall
be deemed to be duly authorized unless it is specified
in the schedule so authenticated and such schedule is
laid before the Provincial Assembly as required by clause
(2). |
| |
|
| |
| 124 |
Supplementary and excess grant.
If in respect of any financial year it is found
| (a) |
that the amount authorized
to be expended for a particular service for the current
financial year is insufficient, or that a need has arisen
for expenditure upon some new service not included in
the Annual Budget Statement for that year; or |
| |
| (b) |
that any money has been
spent on any service during a financial year in excess
of the amount granted for that service for that year; |
| |
the Provincial Government shall have power to authorize expenditure
from the Provincial Consolidated Fund, whether the expenditure
is charged by the Constitution upon that Fund or not, and shall
cause to be laid before the Provincial Assembly a Supplementary
Budget Statement or, as the case may be, an Excess Budget Statement,
setting out the amount of that expenditure, and the provisions
of Article 120 to 123 shall apply to those statements as they
apply to the Annual Budget Statement. |
| |
| 125 |
Votes of account.
Notwithstanding anything contained in the foregoing provisions
relating to financial matters, the Provincial Assembly shall have
power to make any grant in advance in respect of the estimated
expenditure for a part of any financial year, not exceeding three
months, pending completion of the procedure prescribed in Article
122 for the voting of such grant and the authentication of the
schedule of expenditure in accordance with the provisions of Article
123 in relation to the expenditure. |
| |
| 126 |
Power to authorise expenditure
when Assembly stands dissolved.
Notwithstanding anything contained in the foregoing provisions
relating to financial matters, at any time when the Provincial
Assembly stands dissolved, the Provincial Government may authorize
expenditure from the Provincial Consolidated Fund in respect of
the estimated expenditure for a period not exceeding four months
in any financial year, pending completion of the procedure prescribed
in Article 122 for the voting of grants and the authentication
of the schedule of authorized expenditure in accordance with the
provisions of Article 123 in relation to the expenditure. |
| |
| 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 278[Majlis-e-Shoora (Parliament)] 278, 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; 279[] 279 |
| (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 280[; and] 280 |
281[
| (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
" 282[one
hundred] 282"
were substituted. |
] 281 |
| |
| 128 |
Power of Governor to promulgate
Ordinances.
| (1) |
The Governor may, except
when the Provincial Assembly is in session, if satisfied
that circumstances exist which render it necessary to
take immediate action, 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 and shall be subject
to like restrictions as the power of the Provincial Assembly
to make laws, but every such Ordinance:
| (a) |
shall be laid
before the Provincial Assembly and shall stand
repealed at the expiration of 283[ninety days] 283 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 284[:] 284
285[Provided that
the Provincial Assembly may by a resolution extend
the Ordinance for a further period of one hundred
and twenty 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 further period may be made
only once.] 285
|
| (b) |
may be withdrawn
at any time by the Governor. |
|
| |
| (3) |
Without prejudice to the
provisions of clause (2), an Ordinance laid before the
Provincial Assembly shall be deemed to be a Bill introduced
in the Provincial Assembly. |
| |
|
| |
247 Substituted
by
Constitution
(Eighteenth Amendment) Act, 2010, Section 36 (with effect
from August 21, 2002) for :
| 106 |
Constitution of Provincial
Assemblies.
248[
| (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 |
| Baluchistan |
51 |
11 |
3 |
65 |
| The North-West
Frontier Province |
99 |
22 |
3 |
124 |
| The Punjab |
297 |
66 |
8 |
371 |
| Sind |
130 |
29 |
9 |
168 |
|
| |
] 248
| (2) |
A person shall
be entitled to vote if-
| (a) |
he is
a citizen of Pakistan; |
| (b) |
he is
not less than 249[eighteen] 249 years
of age; |
| (c) |
his name
appears on the electoral roll for any
area in the Province; and |
| (d) |
he is
not declared by a competent court to be
of unsound mind 251[.] 251 |
252[] 252 |
| |
253[
| (3) |
For the purpose
of election to a Provincial Assembly -
| (a) |
the constituencies
for the general seats shall be single
member territorial constituencies and
the members to fill such seats shall be
elected by direct and free vote. |
| (b) |
each Province
shall be a single constituency for all
seats reserved for women and non-Muslims
allocated to the respective Provinces
under clause (1); |
| (c) |
the members
to fill seats reserved for women and non-Muslims
allocated to a Province under clause (1)
shall be elected in accordance with law
through proportional representation system
of political parties' lists of candidates
on the basis of the total number of general
seats secured by each political party
in the Provincial Assembly:
258[Provided that
for the purpose of this sub-clause, the
total number of general seats won by a
political party shall include the independent
returned candidate or candidates who may
duly join such political party within
three days of the publication in the official
Gazette of the names of the returned candidates.] 258
|
|
| |
] 253 259[] 259 |
| |
248 Substituted
by
Legal
Framework Order, 2002 (Chief Executive's Order No. 24 of 2002),
Article 3(1), Sch. item 14(1) (with effect from August 21, 2002)
for :
| (1) |
There shall be a Provincial
Assembly for each Province consisting of the number of
members hereinafter specified to be elected by direct
and free vote in accordance with law.
| Baluchistan |
40 |
| North-West
Frontier Province |
80 |
| The
Punjab |
240 |
| Sind |
100 |
|
| |
252 The following
was omitted by
Revival
of Constitution of 1973 Order, 1985 (President's Order No. 14
of 1985), Sch. item 24 (with effect from March 2, 1985) :
:
Provided that,
for the purpose of the first general election to the Provincial
Assembly or an election to a seat falling vacant before the holding
of the second general election to the Assembly, paragraph (b)
shall have effect as if for the word "eighteen" the
word "twenty-one" were substituted.
253 Substituted
by
Legal
Framework Order, 2002 (Chief Executive's Order No. 24 of 2002),
Article 3(1), Sch. item 14(3) (with effect from August 21, 2002)
for :
254[
| (3) |
In addition to the seats
in the Provincial Assemblies for the Provinces of Baluchistan,
the Punjab, the North-West Frontier and Sind specified
in clause (1), there shall be in those assemblies the
number of seats hereinafter specified for non-Muslims.
| Province |
Christians |
Hindus
and persons belonging to the scheduled castes |
Sikh,
Buddhist and Parsi communities and other non-Muslims |
Persons
belonging to the Quadiani group of the Lahori
group (who call themselves Ahmadis) |
| Baluchistan |
1 |
1 |
1 |
- |
| The
North-West Frontier Province |
1 |
- |
1 |
1 |
| The
Punjab |
5 |
1 |
1 |
1 |
| Sindh |
2 |
5 |
1 |
1 |
Explanation.- Where no independent seat is allocated to
a minority in a Province for being very small in number,
the seat allocated jointly to all other non-Muslims in
that Province shall be deemed to include that minority.
|
| |
] 254
254 Substituted
by
Revival
of Constitution of 1973 Order, 1985 (President's Order No. 14
of 1985), Sch. item 24 (with effect from March 2, 1985) for
:
| (3) |
In addition to the seats
in the Provincial Assemblies for the Provinces of Baluchistan,
the Punjab, the North-West Frontier and Sind specified
in clause (1), there shall be in those Assemblies the
number of additional seats hereinafter specified reserved
for persons belonging to the Christian, Hindu, Sikh, Buddhist
and Paris communities 255[and persons of the
Quadiani group or the Lahori group who call themselves
'Ahmadis')] 255 256[and other non-Muslims
and persons belonging to] 256 the scheduled
castes :-
| Baluchistan |
1 |
| The
North-West Frontier Province |
1 |
| The
Punjab |
257[5] 257 |
| Sind |
2 |
|
| |
259 The following
was omitted by
Legal
Framework Order, 2002 (Chief Executive's Order No. 24 of 2002),
Article 3(1), Sch. item 14(4) (with effect from August 21, 2002) :
:
| (4) |
Until the expiration of
a period of ten years from the commencing day or the holding
of the 260[third] 260 general
election to the Assembly of a Province, whichever occurs
later, there shall be in the Assembly a number of additional
seats reserved for women equal to five per centum of the
number of members of that Assembly specified in clause
(1). |
| |
261[
| (5) |
The members to fill the
seats referred to in clause (3) shall be elected, simultaneously
with the members to fill the seats referred to in clause
(1), on the basis of separate electorates by direct and
free vote in accordance with law. |
| |
] 261 262[
| (6) |
As soon as practicable
after the general election to a Provincial Assembly, the
members to fill seats in that Assembly reserved for women
shall be elected in accordance with law on the basis of
a system of proportional representation by means of a
single transferable vote by the electoral college consisting
of the persons elected to that Assembly. |
| |
] 262
261 Substituted
by
Revival
of Constitution of 1973 Order, 1985 (President's Order No. 14
of 1985), Sch. item 24 (with effect from March 2, 1985) for
:
| (5) |
As soon as practicable
after the general election to a Provincial Assembly, the
members to fill seats reserved in the Assembly for the
persons referred to in clause (3) of for women shall be
elected in accordance with law by the members of that
Assembly referred to in clause (1). |
| |
263 Substituted
by
Constitution
(Eighteenth Amendment) Act, 2010, Section 37 (with effect
from April 19, 2010) for :
| 112 |
Dissolution of Provincial
Assembly.
| 264[(1)] 264 |
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.
Explanation.- Reference in this Article to "Chief
Minister" shall not be construed to include
reference to a Chief Minister against whom 265[notice or
a resolution for a vote of no-confidence has been
given] 265 in
the Provincial Assembly but has not been voted
upon or against whom a resolution for a vote of
no-confidence has been passed or who is continuing
in office by virtue of clause (2) of Article 134
or a Provincial Minister performing the functions
of the Chief Minister under clause (1) or clause
(3) of Article 135.
|
| |
266[
| (2) |
The Governor may
also dissolve the Provincial Assembly in his discretion,
but subject to the previous approval of the President,
where, in his opinion:-
| (a) |
a vote
of no-confidence having been passed against
the Chief Minister, no other member of
the Provincial Assemble is likely to command
the confidence of the majority of the
members of the Provincial Assembly in
accordance with the provisions of the
Constitution, as ascertained in a session
of the Provincial Assembly summoned for
the purpose; or |
267[] 267 268[
| (b) |
a situation
has arisen in which the Government of
the Province cannot be carried on in accordance
with the provisions of the Constitution
and an appeal to the electorate is necessary. |
] 268 |
| |
] 266 269[
| (3) |
The Governor in
case of dissolution of the Provisional Assembly
under paragraph (b) of clause (2) shall within
fifteen days of the dissolution refer the matter
to the Supreme Court with the previous approval
of the President and the Supreme Court shall decide
the reference within thirty days whose decision
shall be final. |
| |
] 269 |
| |
267 The following
was omitted by
Constitution
(Thirteenth Amendment) Act, 1997 (1 of 1997), Section 2 (with
effect from April 3, 1997) : :
| (b) |
a situation has arisen
in which the Government of the Province cannot be carried
on in accordance with the provisions of the Constitution
and an appeal to the electorate is necessary. |
270 Substituted
by
Revival
of Constitution of 1973 Order, 1985 (President's Order No. 14
of 1985), Sch. item 25 (with effect from March 2, 1985) for
:
| 113 |
A person shall not be
qualified to be elected member of a Provincial Assembly
unless :-
| (a) |
he is a citizen
of Pakistan; |
| (b) |
he is not less
than twenty-five years of age; |
| (c) |
he is enrolled
as a voter in any electoral roll for election
to the Assembly; and |
| (d) |
he possesses such
other qualifications as may be prescribed by Act
of Parliament. |
|
| |
271 Substituted
by
Revival
of Constitution of 1973 Order, 1985 (President's Order No. 14
of 1985), Sch. item 26 (with effect from March 2, 1985) for
:
| 116 |
| (1) |
When a Bill has
been passed by the Provincial Assembly, it shall
be presented to the Governor for assent. |
| |
| (2) |
The Governor shall
assent to a Bill within seven days after it has
been presented to him for assent, and if the Governor
fails to do so he shall be deemed to have assented
to the Bill at the expiration of the said period. |
| |
| (3) |
When the Governor
has assented or is deemed to have assented to
a Bill, it shall become law and be called an Act
of the Provincial Assembly. |
| |
| (4) |
No Act of a Provincial
Assembly, and no provision in any such Act, shall
be invalid by reason only that some recommendation,
previous sanction or consent required by the Constitution
was not given if that Act was assented to or deemed
to have been assented to in accordance with the
Constitution. |
| |
|
| |
274 Substituted
by
Constitution
(Eighth Amendment) Act, 1985 (18 of 1985), Section 15(b) (with
effect from November 9, 1985) for :
| (3) |
When the Governor has
returned a Bill to the Provincial Assembly, if it is again
passed with or without amendment, by the Provincial Assembly,
by the votes of the majority of the total membership of
the Provincial Assembly, it shall be again presented to
the Governor and the Governor shall assent thereto. |
| |
277 The following
was omitted by
Constitution
(Eighteenth Amendment) Act, 2010, Section 39 (with effect
from April 19, 2010) : :
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, a demand shall be deemed to have been assented to
unless, by the votes of a majority of the total membership of
the Assembly, it is refused or assented to subject to a reduction
of the amount specified therein.