Part IV: Provinces
Chapter 2: Provincial Assemblies
247[
| Constitution of Provincial Assemblies:
|
|||||||||||||||||||||||||||||||||||||||||||||||||||
| Duration of Provincial Assembly. A Provincial Assembly shall, unless sooner dissolved, continue for a term of five years from the day of its first meeting and shall stand dissolved at the expiration of its term. |
||||
| Speaker and Deputy Speaker. After a general election, a Provincial Assembly shall, at its first meeting and to the exclusion of any other business, elect from amongst its members a Speaker and a Deputy Speaker and, so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall elect another member as Speaker or, as the case may be, Deputy Speaker. |
||||
| Summoning and prorogation of Provincial Assembly. The Governor may from time to time-
|
||||
| Right of Governor to address Provincial Assembly. The Governor may address the Provincial Assembly and may for that purpose require the attendance of the members. |
||||
| Right to speak in Provincial Assembly. The Advocate-General shall have the right to speak and otherwise take part in the proceedings of the Provincial Assembly or any committee thereof of which he may be named a member, but shall not by virtue of this Article be entitled to vote. |
||||
| Dissolution of Provincial Assembly:
|
||||||||
270[
| Qualifications and disqualifications for membership of Provincial Assembly. The qualifications and disqualifications for membership of the National Assembly set out in Articles 62 and 63 shall also apply for membership of a Provincial Assembly as if reference therein to "National Assembly" were a reference to "Provincial Assembly". |
| Restriction on discussion in Provincial Assembly. No discussion shall take place in a Provincial Assembly with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties. |
||||||||||||||||||||||||||||||||||||
| Provincial Government's consent required for financial measures.
|
||||||||||||||||||||||||||||||||||||
| Governor's assent to Bills.
|
||||||||||||||||||||||||
| Bill not to lapse on prorogation, etc.
|
||||||||||||||||||||||||
| Provincial Consolidated Fund and Public Account.
|
||||||||||||||||||||||||
| Custody, etc., of Provincial Consolidated Fund and Public Account. The custody of the Provincial Consolidated Fund, the payment of moneys into that Fund, the withdrawal of moneys therefrom, the custody of other moneys received by or on behalf of the Provincial Government, their payment into, and withdrawal from, the Public Account of the Province, and all matters connected with or ancillary to the matters aforesaid, shall be regulated by Act of the Provincial Assembly or, until provision in that behalf is so made, by rules made by the Governor. |
||||||||||||||||||||||||
| Annual Budget Statement.
|
||||||||||||||||||||||||
| Expenditure charged upon Provincial Consolidated Fund. The following expenditure shall be expenditure charged upon the Provincial Consolidated Fund:
|
||||||||||||||||||||||||
| Procedure relating to Annual Budget Statement.
|
||||||||||||||||||||||||
| Authentication of schedule of authorised expenditure.
|
||||||||||||||||||||||||
| Supplementary and excess grant. If in respect of any financial year it is found
|
||||||||||||||||||||||||
| Votes of account. Notwithstanding anything contained in the foregoing provisions relating to financial matters, the Provincial Assembly shall have power to make any grant in advance in respect of the estimated expenditure for a part of any financial year, not exceeding three months, pending completion of the procedure prescribed in Article 122 for the voting of such grant and the authentication of the schedule of expenditure in accordance with the provisions of Article 123 in relation to the expenditure. |
||||||||||||||||||||||||
| Power to authorise expenditure when Assembly stands dissolved. Notwithstanding anything contained in the foregoing provisions relating to financial matters, at any time when the Provincial Assembly stands dissolved, the Provincial Government may authorize expenditure from the Provincial Consolidated Fund in respect of the estimated expenditure for a period not exceeding four months in any financial year, pending completion of the procedure prescribed in Article 122 for the voting of grants and the authentication of the schedule of authorized expenditure in accordance with the provisions of Article 123 in relation to the expenditure. |
||||||||||||||||||||||||
| Provisions relating to National Assembly, etc., to apply to Provincial Assembly, etc. Subject to the Constitution, the provisions of clauses (2) to (8) of Article 53, clauses (2) and (3) of Article 54, Article 55, Articles 63 to 67, Article 69, Article 77, Article 87 and Article 88 shall apply to and in relation to a Provincial Assembly or a committee or members thereof or the Provincial Government, but so that
|
||||||||||||||||||||||||
| Power of Governor to promulgate Ordinances.
|
||||||||||||||||||||||||
Notes
247
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 36
(with effect from
August 21, 2002) for :
106 Constitution of Provincial Assemblies.
248[] 248
(1) Each Provincial Assembly shall consist of general seats and seats reserved for women and non-Muslims as specified herein below.
General seats Women Non-Muslims Total Baluchistan 51 11 3 65 The North-West Frontier Province 99 22 3 124 The Punjab 297 66 8 371 Sind 130 29 9 168 253[
(2) A person shall be entitled to vote if- 252[] 252
(a) he is a citizen of Pakistan; (b) he is not less than 249[eighteen] 249 years of age; (c) his name appears on the electoral roll for any area in the Province; and (d) he is not declared by a competent court to be of unsound mind 251[.] 251 ] 253 259[] 259
(3) For the purpose of election to a Provincial Assembly -
(a) the constituencies for the general seats shall be single member territorial constituencies and the members to fill such seats shall be elected by direct and free vote. (b) each Province shall be a single constituency for all seats reserved for women and non-Muslims allocated to the respective Provinces under clause (1); (c) the members to fill seats reserved for women and non-Muslims allocated to a Province under clause (1) shall be elected in accordance with law through proportional representation system of political parties' lists of candidates on the basis of the total number of general seats secured by each political party in the Provincial Assembly: 258[Provided that for the purpose of this sub-clause, the total number of general seats won by a political party shall include the independent returned candidate or candidates who may duly join such political party within three days of the publication in the official Gazette of the names of the returned candidates.] 258
248
Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 14(1)
(with effect from
August 21, 2002) for :
(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 North-West Frontier Province 80 The Punjab 240 Sind 100
249
Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 14(2)
(with effect from
August 21, 2002) for " 250[twenty-one] 250".
250
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 24
(with effect from
March 2, 1985) for "eighteen".
251
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 24
(with effect from
March 2, 1985) for ":".
252
The following was omitted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 24
(with effect from
March 2, 1985) : :
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.
253
Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 14(3)
(with effect from
August 21, 2002) for :
254[] 254
(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.
Province Christians Hindus and persons belonging to the scheduled castes Sikh, Buddhist and Parsi communities and other non-Muslims Persons belonging to the Quadiani group of the Lahori group (who call themselves Ahmadis) Baluchistan 1 1 1 - The North-West Frontier Province 1 - 1 1 The Punjab 5 1 1 1 Sindh 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.
254
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 24
(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 255[and persons of the Quadiani group or the Lahori group who call themselves 'Ahmadis')] 255 256[and other non-Muslims and persons belonging to] 256 the scheduled castes :-
Baluchistan 1 The North-West Frontier Province 1 The Punjab 257[5] 257 Sind 2
255
Inserted by Constitution (Second Amendment) Act, 1974 (49 of 1974), Section 2
(with effect from
September 17, 1974).
256
Substituted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Article 7
(with effect from
November 21, 1975) for "or".
257
Substituted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Article 7
(with effect from
November 21, 1975) for "3".
258
Substituted by Legal Framework (Amendment) Order, 2002 (Chief Executive's Order No. 29 of 2002), Article 2(2)
(with effect from
October 9, 2002) for :
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.
259
The following was omitted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 14(4)
(with effect from
August 21, 2002) : :
261[
(4) Until the expiration of a period of ten years from the commencing day or the holding of the 260[third] 260 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). ] 261 262[
(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. ] 262
(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.
260
Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 13
(with effect from
November 9, 1985) for "second".
261
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 24
(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).
262
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 24
(with effect from
March 2, 1985).
263
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 37
(with effect from
April 19, 2010) for :
112 Dissolution of Provincial Assembly.
266[
264[(1)] 264 The Governor shall dissolve the Provincial Assembly if so advised by the Chief Minister; and the Provincial Assembly shall, unless sooner dissolved, stand dissolved at the expiration of forty-eight hours after the Chief Minister has so advised. Explanation.- Reference in this Article to "Chief Minister" shall not be construed to include reference to a Chief Minister against whom 265[notice or a resolution for a vote of no-confidence has been given] 265 in the Provincial Assembly but has not been voted upon or against whom a resolution for a vote of no-confidence has been passed or who is continuing in office by virtue of clause (2) of Article 134 or a Provincial Minister performing the functions of the Chief Minister under clause (1) or clause (3) of Article 135.] 266 269[
(2) The Governor may also dissolve the Provincial Assembly in his discretion, but subject to the previous approval of the President, where, in his opinion:- 267[] 267 268[
(a) a vote of no-confidence having been passed against the Chief Minister, no other member of the Provincial Assemble is likely to command the confidence of the majority of the members of the Provincial Assembly in accordance with the provisions of the Constitution, as ascertained in a session of the Provincial Assembly summoned for the purpose; or ] 268
(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. ] 269
(3) The Governor in case of dissolution of the Provisional Assembly under paragraph (b) of clause (2) shall within fifteen days of the dissolution refer the matter to the Supreme Court with the previous approval of the President and the Supreme Court shall decide the reference within thirty days whose decision shall be final.
264
Renumbered by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 14
(with effect from
November 9, 1985)
265
Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 14(a)
(with effect from
November 9, 1985) for "resolution for a vote of no-confidence has been moved".
266
Inserted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 14(b)
(with effect from
November 9, 1985).
267
The following was omitted by Constitution (Thirteenth Amendment) Act, 1997 (1 of 1997), Section 2
(with effect from
April 3, 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.
268
Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 15
(with effect from
August 21, 2002).
269
Inserted by Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), Article 4
(with effect from
December 31, 2003).
270
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), 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.
271
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), 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.
272
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 38(i)
(with effect from
April 19, 2010) for " 273[thirty] 273".
273
Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 15(a)
(with effect from
November 9, 1985) for "forty-five>".
274
Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 15(b)
(with effect from
November 9, 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.
275
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 38(ii)
(with effect from
April 19, 2010) for "not
withhold assent therefrom".
276
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 38(iii)
(with effect from
April 19, 2010).
277
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 39
(with effect from
April 19, 2010) : :
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, a demand shall be deemed to have been assented to unless, by the votes of a majority of the total membership of the Assembly, it is refused or assented to subject to a reduction of the amount specified therein.
278
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".
279
The following was omitted by Constitution (First Amendment) Act, 1974 (33 of 1974), Article 7(a)
(with effect from
May 4, 1974) : "and".
280
Substituted by Constitution (First Amendment) Act, 1974 (33 of 1974), Article 7(b)
(with effect from
May 4, 1974) for ".".
281
Inserted by Constitution (First Amendment) Act, 1974 (33 of 1974), Article 7(c)
(with effect from
May 4, 1974).
282
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 40
(with effect from
April 19, 2010) for "seventy".
283
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 41
(with effect from
April 19, 2010) for "three months".
284
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 41
(with effect from
April 19, 2010) for "; and".
285
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 41
(with effect from
April 19, 2010).
No comments:
Post a Comment