Chapter 1: "The Governors." of Part IV: "Provinces"

Part IV: Provinces

101	Appointment of Governor.  217[ (1) There shall be a Governor for each Province, who shall be appointed by the President on the advice of the Prime Minister.   ] 217 (2) A person shall not be appointed a Governor unless he is qualified to be elected as member of the National Assembly and is not less that thirty-five years of age  222[and is a registered voter and resident of the Province concerned] 222 223[:] 223 224[] 224    226[] 226 (3) The Governor shall hold office during the pleasure of the President  229[and shall be entitled to such salary, allowances and privileges as the President may determine] 229.   (4) The Governor may, by writing under his hand addressed to the President, resign his office.    230[ (5) The President may make such provision as he things fit for the discharge of the functions of a Governor  231[in any contingency not provided for in this Part.] 231   ] 230
102	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.
103	Conditions of Governor's office. (1) The Governor shall not hold any office of profit in the service of Pakistan of occupy any other position carrying the right to remuneration for the rendering of services.   (2) The Governor shall not be a candidate for election as a member of  232[Majlis-e-Shoora (Parliament)] 232 or a Provincial Assembly and, if a member of  233[Majlis-e-Shoora (Parliament)] 233 or a Provincial Assembly is appointed as Governor, his seat in  234[Majlis-e-Shoora (Parliament)] 234 or, as the case may be, the Provincial Assembly shall become vacant on the day he enters upon his office.

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104.

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.

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 236[

105

Governor to act on advice, etc. (1) Subject to the Constitution, in the performance of his functions, the Governor shall act  237[on and] 237 in accordance with the advice of the Cabinet,  238[or the Chief Minister] 238.  239[Provided that  240[within fifteen days] 240 the Governor may require the Cabinet or, as the case may be, the Chief Minister to reconsider such advice, whether generally or otherwise, and the Governor shall  241[, within ten days,] 241 act in accordance with the advice tendered after such reconsideration.] 239  242[] 242   (2) The question whether any, and if so what, advice was tendered to the Governor by the Chief Minister  243[or the Cabinet] 243 shall not be inquired into in, or by, any court, tribunal or other authority.    244[ (3) Where the Governor dissolves the Provincial Assembly, notwithstanding anything contained in clause (1), he shall,- (a) appoint a date, not later than ninety days from the date of dissolution, for the holding of a general election to the Assembly; and (b) appoint a care-taker Cabinet.   ] 244 245[] 245 (5) The provisions of clause  246[(2)] 246 of Article 48 shall have effect in relation to a Governor as if reference therein to "President" were reference to "Governor".

] ²³⁶

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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[

(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

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)".