Notes for Part IV, Chapter 1

96A.

Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (Article 33(i)), with effect from April 19th, 2010 for the following:

(1) There shall be a Governor for each Province, who shall be appointed by the President ^[96B] [in his discretion] ^[97] [after consultation with the Prime Minister.]

96B.

Added by P.O. No. 14 and Sch. item 22 (with effect from March 2, 1985).

97.

The words "after consultation with the Prime Minister" were added by the Constitution (Eighth Amendment) Act, 1985, section 11(1) (with effect from November 9, 1985).

Subsequently, the words "after consultation with" were replaced by the words "on the advice of" by section 3 of the Thirteenth Amendment Act, 1997.

Subsequently, the words "on the advice of" were replaced by the words "after consultation with" by the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Art 3(1), Sched. item 13.

97A.

Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (Article 33(ii)), with effect from April 19th, 2010.

98.

Substituted by the Constitution (Fifth Amendment) Act, 1976 (62 of 1976), section 2, for full-stop (with effect from September 13, 1976).

99.

The proviso added by the Constitution (Fifth Amendment) Act, 1976 (62 of 1976), section 2 (with effect from September 13, 1976), which read:

"Provided that, after the holding of the first general election to the National Assembly, a person shall not be appointed to be the Governor of the province of which he is permanent resident."

has been omitted by the Constitution (Eighth Amendment) Act, 1985, section 11(aa) (with effect from November 9, 1985).

100.

Clause (2A) added by the Constitution (Fifth Amendment) Act, 1976 (62 of 1976), section 2 (with effect from September 13, 1976).

"(2A) Nothing contained in the proviso to clause (2) shall apply during the period that an Order under paragraph (c) of clause (2) of Article 232 or a Proclamation under Article 234 is in force"

The words "a Proclamation under Article 232 or Article 234 is in force" were substituted for "an Order under paragraph (c) of clause (2) of Article 232 or a Proclamation under Article 234 is in force" by the Constitution (Seventh Amendment) Act, 1977 (Act 23 of 1977) (with effect from April 21, 1977).

Clause 2A was omitted by the Constitution (Eighth Amendment) Act, 1985, section 11 (b) (with effect from November 9, 1985).

101.

Added by the Constitution (First Amendment) Act, 1974 (33 of 1974), section 6 (with effect from May 4, 1974).

102.

Added by P.O.No. 14 of 1985, Art. 2 and Sch. item 22 (with effect from March 2, 1985).

103.

Added by the Constitution (Eighth Amendment) Act, 1985, section 11 (c) (with effect from November 9, 1985).

104.

The words "Majlis-e-Shoora (Parliament)" were substituted for the word "Parliament" by the Revival of the Constitution of 1973 Order, 1985 (P.O.No.14 of 1985) Art 2 and Sch item 1.

104A.

Article 104 substituted by the Constitution (Eighteenth Amendment) Act, 2010 (Article 33(i)), with effect from April 19th, 2010 for the following:

104. Acting Governor.

When the governor is absent from Pakistan or is unable to perform the functions of his office due to any cause, such other person as the President may direct shall act as Governor.

105.

Substituted by P.O.No. 14 of 1985 Art. 2and Sch. item 23 (with effect from March 2, 1985) for Article 105 which read as under:

105.

(1) Subject to the Constitution, in the performance of his functions, the Governor shall act on and in accordance with the advice of the Chief Minister and such advice of the Chief Minister and such advice shall be binding on him.

The question whether any, and if so what, was tendered to the Governor by the Chief Minister shall not be inquired into in any court."

105A.

Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (Article 35(i)), with effect from April 19th, 2010.

106.

Substituted for the words "Chief Minister or appropriate Minister" by the Constitution (Eighth Amendment) Act, 1985, section 12 (a) (i) (with effect from November 9, 1985).

107.

Substituted by the Constitution (Eighth Amendment) Act, 1985, section 12 (a) (ii) (with effect from November 9, 1985), for:

"Provided that the Governor may require the Cabinet to reconsider such advice, whether generally or otherwise, and the Governor shall act in accordance with the advice tendered after such reconsideration."

107A.

Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (Article 35(i)), with effect from April 19th, 2010.

107B.

Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (Article 35(i)), with effect from April 19th, 2010.

108.

Proviso(omitted by the Constitution (Eighth Amendment) Act, 1985, section 12 (a) (iii) (with effect from November 9, 1985), it read:

"Provided further that, in respect of the following matters, the Governor shall, subject to the previous approval of the President, act in his discretion, namely :-

(a) appointment of the Chief Minister;

(b) dismissal of a Cabinet which has lost the confidence of the Provincial Assembly; and

(c) dissolution of the Provincial Assembly, when an appeal to the electorate is necessary."

109.

Substituted for the words "the Cabinet or a Minister" by the Constitution (Eighth Amendment) Act, 1985, sections 12 (b) (with effect from November 9, 1985).

109A.

Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (Article 35(ii)), with effect from April 19th, 2010 for the following:

(3) Where the Governor dissolves the Provincial Assembly, he shall appoint, in his discretion, but with the previous approval of the President, a care-taker Cabinet.

109B.

Clause (4), which read as follows, omitted by the Constitution (Eighteenth Amendment) Act, 2010 (Article 35(iii)), with effect from April 19th, 2010:

(4) The powers conferred by the Article on the President shall be exercised by him in his discretion.

110.

Substituted for the brackets and figure "(3)" by the Constitution (Eighth Amendment) Act, 1985, section 12 (c) (with effect from November 9, 1985).