Notes for Part IV, Chapter 2

110A.
Clause (1) substituted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Art 3(1), Sched. item 14(1), for the following:
(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
The North-West Frontier Province   80
The Punjab                        240
Sind                              100

111.
The word "twenty-one" was substituted for the word "eighteen" by P.O.No.14 of 1985 Art. 2 and Sch. item 24(1)(a) (with effect from March 2, 1985). The word "eighteen" was subsequently substituted for the word "twenty-one" by the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Art 3(1), Sched. item 14(2).

112.
Substituted by P.O.No.14 of 1985 Art. 2 and Sch. item 24(1)(b) (with effect from March 2, 1985) for the colon.

113.
Proviso to clause (2) omitted by P.O.No.14 of 1985 Art. 2 and Sch. item 24(c) (with effect from March 2, 1985) read as under:
"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."
114.
Substituted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Art 3(1), Sched. item 14(3), 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 seats hereinafter specified for non-Muslims. 

___________________________________________________________________________
                               Hindus and       Sikh, Buddhist     Persons
Province        Christians      persons            and Parsi    belonging to 
                              belonging to       communities    the Quadiani 
                              the scheduled       and other     group or the
                                castes           non-Muslims    Lahori group
                                                              (who call them-
                                                               selves Ahmadis)
______________________________________________________________________________

Baluchistan          1              1                 1             -

The North-West
Frontier Province    1              _                 1             1

The Punjab           5              1                 1             1

Sind                 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.
This replaced clause was in turn substituted by P.O.No.14 of 1985 Art. 2 and Sch. item 24(2) (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 [115] [and persons of the Quadiani group or the Lahori group who call themselves 'Ahmadis')] [116] [and other non-Muslims and persons belonging to the scheduled castes] :- 
Baluchistan                                  1
The North-West Frontier Province             1
The Punjab                              [117]5 
Sind                                         2
114A.
Proviso substituted by the Legal Framework (Amendment) Order, 2002 (Chief Executive's Order No. 29 of 2002) [by amending the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002) Sched. item 14(3)] for the following:
Provided that a political party securing less than five per centum of the total number of seats in the Provincial Assembly shall not be entitled to any seat reserved for women and non-Muslims.
114B.
Clauses (4) to (6) as follows omitted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Art 3(1), Sched. item 14(4):

(4) Until the expiration of a period of ten years from the commencing day or the holding of the [118] [third] 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).

[119][(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.]

[120][(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.]

115.
Added by the Constitution (Second Amendment) Act, 1974 (49 of 1974), section 2 (with effect from September 17, 1974).

116.
Substituted by the Constitution (Fourth Amendment) Act, 1975 (71 of 1975), section 7 for the word "or" (with effect from November 21, 1975).

117.
Substituted by the Constitution (Fourth Amendment) Act, 1975 (71 of 1975), section 7, for the figure "3" (with effect from November 21, 1975).

118.
Substituted for the word "second" by the Constitution (Eighth Amendment) Act, 1985 section 13 (with effect from November 9, 1985).

119.
Substituted by P.O.No.14 of 1985, Art.2 and Sch.item 24(3) (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)"

120.
Added by P.O.No.14 of 1985, Art.2 and Sch.item 24 (with effect from March 2, 1985).

121.
Re-numbered by the Constitution (Eighth Amendment) Act, 198, section 14 (with effect from November 9, 1985).

122.
Substituted by the Constitution (Eighth Amendment) Act, 1985, section 14(a) (with effect from November 9, 1985) for the words "resolution for a vote of no-confidence has been moved."

123.
Clause 2 added by the Constitution (Eighth Amendment) Act, 1985, section 14(b) (with effect from November 9, 1985).

123A.
Sub-clause (b) inserted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002) Art 3(1), Sched. item 15.

Prior to this, sub-clause (b) which read as follows, was omitted by section 4 of the Thirteenth Amendment Act, 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.

123B.
Clause (3) inserted by the Constitution (Seventeenth Amendment) Act, 2003, Section (4).

124.
Substituted by P.O.No.14 of 1985, Art. 2 and 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."
125.
Substituted by P.O.No.14 of 1985, Act. 2 and 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."
127.
Substituted by the Constitution (Eighth Amendment) Act, 1985, section 15(b) (with effect from December 2, 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."

128.
See footnote 2.

129.
The word "and" omitted by the Constitution (First Amendment) Act, 1974 (33 of 1974), section 7 (with effect from May 4, 1974).

130.
Substituted by the Constitution (First Amendment) Act, 1974 (33 of 1974), section 7 (with effect from May 4, 1974) for the full stop.

131.
Paragraph (g) added by the Constitution (First Amendment) Act, 1974 (33 of 1974), section 7 (with effect from May 4, 1974).
UP BACK FORWARD