Notes for Part IV, Chapter 3


132.
Substituted by P.O.No.14 of 1985, Art. 2 and Sch. item 27 (with effect from March 2, 1985) for Articles 129, 130 and 131. Article 129 originally read:
"129
(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.
(3) The Chief Minister and the Provincial Ministers shall be collectively responsible to the Provincial Assembly."

133.
See footnote 132. Article 130 originally read:
"130
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."
134.
Added by the Constitution (Eighth Amendment) Act, 1985, section 16(a), with effect from November 9, 1985).

135.
Added by the Constitution (Eighth Amendment) Act, 1985, section 16(b) (with effect from November 9, 1985).

136.
Substituted by the Constitution (Eighth Amendment) Act, 1985, section 16(c) (with effect from November 9, 1985) for:
"(5) 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."

137.
See footnote 132, Article 131, originally read as under:
"131
(1) The Provincial Assembly shall meet on the thirtieth day following the day on which a general election to the Assembly is held, unless sooner summoned by the Governor.

(2) 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.

(3) 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.

(4) The member elected under clause (3) 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 Governor oath in the form set out in the Third Schedule."

138. Article 132 and 133 substituted by P.O.No.14 of 1985 Art. 2 and Sch. item 28 (with effect from March 2, 1985) for:
"132
(1) The Chief Minister shall appoint Provincial Ministers from amongst members of the Provincial Assembly.
(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 Chief Minister, resign his office or may be removed from office by the Chief Minister.
133.
(1) The Chief Minister shall continue to hold office until his successor enters upon the office of Chief Minister.
(2) Nothing in Article 131 or Article 132 shall be construed to disqualify the Chief Minister or a Provincial Minister from continuing in office during the period the Provincial Assembly stands dissolved."

139.
Article 134, omitted by P.O.No.14 of 1985, Art 2 and Sch. item 29 (with effect from March 2, 1985), read as under:
"134. Resignation by Chief Minister.
(1) Subject to clause (2), the Chief Minister may by writing under his hand addressed to the Governor, resign his office and, when the Chief Minister resigns, the Provincial Ministers shall cease to hold office.
(2) The Chief Minister and, at the request of the Chief Minister, a Provincial Minister, shall continue to perform the functions of the office of Chief Minister or, as the case may be, Provincial Minister until a new Chief Minister has been elected and has entered upon his office.

(3) If the Provincial Assembly is in session at the time when the Chief Minister resigns his office, the Assembly shall forthwith proceed to elect a Chief Minister, and if the Assembly is not in session the Governor shall for that purpose summon it to meet within fourteen days of the resignation."

140.
Article 135, omitted by P.O.No.14 of 1985, Art 2 and Sch. item 29 (with effect from March 2, 1985), read as under:
"135. Provincial Minister performing functions of Chief Minister.
(1) In the event of the death of the Chief Minister or of the office of Chief Minister becoming vacant by reason of his ceasing to be a member of the Provincial Assembly, the most senior Provincial Minister for the time being shall be called upon by the Governor to perform the functions of that office and the Provincial Ministers shall continue in office until a new Chief Minister has been elected and has entered upon his office.
(2) If the Provincial Assembly is in session at the time when the Chief Minister dies or the office of Chief Minister becomes vacant, the Assembly shall forthwith proceed to elect a Chief Minister, and if the Assembly is not in session the Governor shall for that purpose summon it to meet within fourteen days of the death of the Chief Minister or, as the case may be, of the office becoming vacant.
(3) When the Chief Minister, by reason of absence from Pakistan or any other cause, is unable to perform his functions, the most senior Provincial Minister for the time being shall perform the functions of Chief Minister until the Chief Minister returns to Pakistan or, as the case may be, resumes his functions."
(4) In this Article, "most senior Provincial Minister" means the Provincial Minister for the time being designated as such by the Chief Minister."

141.
Substituted by P.O.No.14 of 1985, Art. 2 and Sch. item 30 (with effect from March 2, 1985) for:
"136.
(1) A resolution for a vote of no-confidence may be passed against the Chief Minister by the Provincial Assembly.
(2) A resolution referred to in clause (1) shall not be moved in the Provincial Assembly unless, by the same resolution, the name of another member of the Assembly is put forward as the successor.
(3) A resolution referred to in clause (1) shall not be moved in the Provincial Assembly while the Provincial Assembly is considering demands for grants submitted to it in the Annual Budget Statement.
(4) 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.
(5) If the resolution referred to in clause (1) is passed by a majority of the total membership of the Provincial Assembly, the Governor shall call upon the person named in the resolution as the successor to assume office and on his entering upon office his predecessor and the Provincial Minister appointed by him shall cease to hold office.
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, the vote of a member, elected to the Provincial Assembly as a candidate or nominee of a political party, cast in support of a resolution for a vote of no-confidence shall be disregarded if the majority of the members of that political party in the Provincial Assembly has cast its votes against the passing of such resolution.
(6) If a resolution referred to in clause (1) is not passed, another such resolution shall not be moved until a period of six months has elapsed."

142.
See footnote 2.

143.
Substituted by P.O.No.14 of 1985, Art. 2 and Sch. item 31 (with effect from March 2, 1985) for:
"139.
(1) Order, and other instruments made and executed in the name of the Governor shall be authenticated in such manner as may be specified in rules to be made by the Provincial Government, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Governor.
(2) The Provincial Government may regulate the allocation and transaction of its business and may for the convenient transaction of that business delegate any of its functions to officers or authorities subordinate to it."

143A.
Article 140A inserted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002) Art 3(1), Sched. item 16.

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