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Part IV

Provinces

Chapter 1. THE GOVERNORS

101. Appointment of Governor.
[96A]
[(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 [97A][and is a registered voter and resident of the Province concerned] [98][:]

[99] * * *
[100] * * *

(3) The Governor shall hold office during the pleasure of the President [101] [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.

[102] [(5) The President may make such provision as he thinks fit for the discharge of the functions of a Governor] [103] [in any contingency not provided for in this Part].

102. Oath of office.
Before entering upon office, the Governor shall make before the Chief Justice of the High Court oath in the form set out in the Third Schedule.

103. Conditions of Governor's office.
(1) The Governor shall not hold any office of profit in the service of Pakistan of occupy any other position carrying the right to remuneration for the rendering of services.

(2) The Governor shall not be a candidate for election as a member of [104] [Majlis-e-Shoora (Parliament)] or a Provincial Assembly and, if a member of [104][Majlis-e-Shoora (Parliament)] or a Provincial Assembly is appointed as Governor, his seat in [104][Majlis-e-Shoora (Parliament)] or, as the case may be, the Provincial Assembly shall become vacant on the day he enters upon his office.

[104A]
"104.Speaker Provincial Assembly to act as, or perform functions of Governor in his absence:
When the Governor, by reason of absence from Pakistan or for any other cause, is unable to perform his functions, the Speaker of the Provincial Assembly and in his absence any other person as the President may nominate shall perform the functions of Governor until the Governor returns to Pakistan or, as the case may be, resumes his functions."
[105]
[ 105. Governor to act on advice, etc.
(1) Subject to the Constitution, in the performance of his functions, the Governor shall act [105A][on and] in accordance with the advice of the Cabinet, [106] [or the Chief Minister].
[107] Provided that [105A][within fifteen days] the Governor may require the Cabinet or, as the case may be, the Chief Minister to reconsider such advice, whether generally or otherwise, and the Governor shall [105A][, within ten days,] act in accordance with the advice tendered after such reconsideration.

[108]

(2) The question whether any, and if so what, advice was tendered to the Governor by the Chief Minister
[109] [or the Cabinet] shall not be inquired into in, or by, any court, tribunal or other authority.

[109A]
(3)Where the Governor dissolves the Provincial Assembly, notwithstanding anything contained in clause (1), he shall,-
(a)appoint a date, not later than ninety days from the date of dissolution, for the holding of a general election to the Assembly; and
(b)appoint a care-taker Cabinet."
[109B][ * * ]

(5) The provisions of clause [110] [(2)] of Article 48 shall have effect in relation to a Governor as if reference therein to "President" were reference to "Governor".]

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