Part IV: Provinces
| Appointment of Governor. 217[
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| 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. |
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| Conditions of Governor's office.
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| 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. |
236[
| Governor to act on advice, etc.
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Notes
217
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 33(i)
(with effect from
April 19, 2010) for :
(1) There shall be a Governor for each Province, who shall be appointed by the President 218[in his discretion] 218 219[ 220[after consultation with] 220 the Prime Minister] 219.
218
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 22(1)
(with effect from
March 2, 1985).
219
Inserted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 11(1)
(with effect from
November 9, 1985).
220
Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 13
(with effect from
August 21, 2002) for " 221[on the advice of] 221".
221
Substituted by Constitution (Thirteenth Amendment) Act, 1997 (1 of 1997), Section 3
(with effect from
April 3, 1997) for "after consultation with".
222
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 33(ii)
(with effect from
April 19, 2010).
223
Substituted by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 2
(with effect from
September 16, 1976) for ".".
224
The following was omitted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 11(aa)
(with effect from
November 9, 1985) : :
225[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 a permanent resident.] 225
225
Inserted by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 2
(with effect from
September 16, 1976).
226
The following was omitted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 11(b)
(with effect from
November 9, 1985) : :
227[] 227
(2A) Nothing contained in the proviso to clause (2) shall apply during the period that 228[a Proclamation under article 232 or] 228 Article 234 is in force.
227
Inserted by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 2
(with effect from
September 16, 1976).
228
Substituted by Constitution (Seventh Amendment) Act, 1977 (23 of 1977), Section 3
(with effect from
April 21, 1977) for "an Order under paragraph (c) of clause (2) of Article 232 or a Proclamation under".
229
Inserted by Constitution (First Amendment) Act, 1974 (33 of 1974), Section 6
(with effect from
May 4, 1974).
230
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 22
(with effect from
March 2, 1985).
231
Inserted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 11(c)
(with effect from
November 9, 1985).
232
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
233
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
234
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
235
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 34
(with effect from
April 19, 2010) for :
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.
236
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 23
(with effect from
March 2, 1985) for :
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. (2) 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.
237
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 35(i)
(with effect from
April 19, 2010).
238
Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 12(a)(i)
(with effect from
November 9, 1985) for "Chief Minister or appropriate Minister".
239
Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 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.
240
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 35(i)
(with effect from
April 19, 2010).
241
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 35(i)
(with effect from
April 19, 2010).
242
The following was omitted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 12(a)(iii)
(with effect from
November 9, 1985) : :
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.
243
Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 12(b)
(with effect from
November 9, 1985) for "the Cabinet or a Minister".
244
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 35(ii)
(with effect from
April 19, 2010) for :
(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.
245
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 35(iii)
(with effect from
April 19, 2010) : :
(4) The powers conferred by the Article on the President shall be exercised by him in his discretion.
246
Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 12(c)
(with effect from
November 9, 1985) for "(3)".
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