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PART IV (contd)

Provinces

CHAPTER 3: THE PROVINCIAL GOVERNMENTS

[132]
[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.]
[133]
[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.]
[137]
[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.]
[138]
[132. Provincial Minister.
(1) Subject to clauses [138A][(9) and (10)] 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.]

[139]

[140]

[141]
[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. ]

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 [142][Majlis-e-Shoora (Parliament)] 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 [142][Majlis-e-Shoora (Parliament)] 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.

[143]
[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 [143A][Provincial Government] shall by rules specify the manner in which orders and other instruments made and executed [143B][in the name of Governor] 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.

made and executed [143C](3)The Provincial Government shall also make rules for the allocation and transaction of its business.]

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 [143D][and shall not engage in private practice so long as he holds the office of the Advocate-General].

(4) The Advocate-General may, by writing under his hand addressed to the Governor, resign his office.

[143E]
[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.]
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