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PROVINCIAL ASSEMBLIES
106.
(1)
Each Provincial Assembly shall consist of
general seats and seats reserved for women
and non-Muslims as specified herein below.
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Provinces
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General Seats
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Women
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Non Muslims
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Total
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Baluchistan
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51
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11
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3
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65
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Khaiber Pakhtoon Khawa
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99
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22
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3
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124
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Punjab
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297
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66
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8
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371
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Sindh
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130
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29
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9
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168
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(2) A person shall be entitled to vote if-
(a) he is a citizen of Pakistan;
(b) he is not less than [twenty-one] 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
(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:
[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.]
107.
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.
108.
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.
109.
The Governor may from time to time-
(a) summon the Provincial Assembly to meet
at such time and place as he thinks fit; and
(b) prorogue the Provincial Assembly.
110.
The Governor may address the Provincial
Assembly and may for that purpose require
the attendance of the members.
111.
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 nay by virtue of
this Article be entailed to vote.
112.
[(1)] 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 [notice or a resolution for a
vote of no-confidence has been given] 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.
(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:-
(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
(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.
[(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.]
[113
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".]
114.
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.
115. Provincial Government's consent
required for financial measures.
(1)
A Money Bill, or a Bill or amendment which
if enacted and brought into operation would
involve expenditure from the Provincial
Consolidated Fund or withdrawal from the
Public Account of the Province shall not be
introduced or moved in the Provincial
Assembly except or with the consent of the
Provincial Government.
(2)
For the purpose of this Article, a Bill or
amendment shall be deemed to be a Money Bill
if it contains provisions dealing with all
or any of the following matters, namely:
(a)
the imposition, abolition, remission,
alteration or regulation of any tax;
(b)
the borrowing of money, or the giving of any
guarantee, by the Provincial Government or
the amendment of the law relating to the
financial obligations of that Government;
(c)
the custody of the Provincial Consolidated
Fund, the payment of moneys into, or issue
of moneys from, that Fund;
(d)
the imposition of a charge upon the
Provincial Consolidated Fund, or the
abolition or alteration of any such charge;
(e)
the receipt of moneys on account of the
Public Account of the Province, the custody
or issue of such moneys; and
(f)
any matter incidental to any of the matters
specified in the preceding paragraphs.
(3)
A Bill shall not be deemed to be a Money
Bill by reason only that it provides-
(a)
for the imposition or alteration of any fine
or other pecuniary penalty or for the demand
or payment of a license fee or a fee or
charge for any service rendered; or
(b)
for the imposition, abolition, remission,
alteration or regulation of any tax by any
local authority or body for local purposes.
(4)
If any question arises whether a Bill is a
Money Bill or not, the decision of the
Speaker of the Provincial Assembly thereon
shall be final.
(5)
Every Money Bill presented to the Governor
for assent shall bear a certificate under
the hand of the Speaker of the Provincial
Assembly that it is a Money Bill and such
certificate shall be conclusive for all
purposes and shall not be called in
question.
116. Governor's assent to Bills.
(1)
When a Bill has been passed by the
Provincial Assembly, it shall be presented
to the Governor for assent.
(2)
When a Bill is presented to the Governor for
assent, the Governor shall, within thirty
days,
(a)
assent to the Bill; or
(b)
in the case of a Bill other than a Money
Bill, return the Bill to the Provincial
Assembly with a message requesting that the
Bill, or any specified provision thereof, be
reconsidered and that any amendment
specified in the message be considered.
(3)
When the Governor has returned a Bill to the
Provincial Assembly it shall be reconsidered
by the Provincial Assembly and, if it is
again passed, with or without amendment, by
the Provincial Assembly, by the votes of the
majority of the members of the Provincial
Assembly present and voting, it shall be
again Presented to the Governor and the
Governor shall not withhold assent there
from.
(4)
When the Governor has assented to a Bill, it
shall become law and be called an Act of
Provincial Assembly.
(5)
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 accordance with the
Constitution.
117.
Bill not to lapse on prorogation, etc.
(1)
A Bill pending in a Provincial Assembly
shall not lapse by reason of the prorogation
of the Assembly.
(2)
A Bill pending in a Provincial Assembly
shall lapse on the dissolution of the
Assembly.
118. Provincial Consolidated Fund and Public
Account.
(1)
All revenues received by the Provincial
Government, all loans raised by that
Government, and all moneys received by it in
repayment of any loan, shall form part of a
consolidated fund, to be known as the
Provincial Consolidated Fund.
(2)
All other moneys
(a)
received by or on behalf of the Provincial
Government; or
(b)
received by or deposited with the High Court
or any other court established under the
authority of the Province;
shall be credited to the Public Account of
the Province.
119. 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 there from, 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.
120. Annual Budget Statement.
(1)
The Provincial Government shall, in respect
of every financial year, cause to be laid
before the Provincial Assembly a statement
of the estimated receipts and expenditure of
the Provincial Government for that year, in
this Chapter referred to as the Annual
Budget Statement.
(2)
The Annual Budget Statement shall show
separately :-
(a)
the sums required to meet expenditure
described by the Constitution as expenditure
charged upon the Provincial Consolidated
Fund; and
(b)
the sums required to meet other expenditure
proposed to be made from the Provincial
Consolidated Fund;
and shall distinguish expenditure on revenue
account from other expenditure.
121. Expenditure charged upon Provincial
Consolidated Fund.
The following expenditure shall be
expenditure charged upon the Provincial
Consolidated Fund:
(a)
the remuneration payable to the Governor and
other expenditure relating to his office,
and the remuneration payable to :-
( i)
the Judges of the High Court; and
(ii)
the Speaker and Deputy Speaker of the
Provincial Assembly;
(b)
the administrative expenses, including the
remuneration payable to officers and
servants, of the High Court and the
Secretariat of the Provincial Assembly;
(c)
all debt charges for which the Provincial
Government is liable, including interest,
sinking fund charges, the repayment or
amortization of capital, and other
expenditure in connection with the raising
of loans, and the service and redemption of
debt on the security of the Provincial
Consolidation Fund;
(d)
any sums required to satisfy any judgment,
decree or award against the Province by any
Court or tribunal; and
(e)
any other sums declared by the Constitution
or by Act of the Provincial Assembly to be
so charged.
122. Procedure relating to Annual Budget
Statement.
(1)
So much of the Annual Budget Statement as
relates to expenditure charged upon the
Provincial Consolidated Fund may be
discussed in, but shall not be submitted to
the vote of, the Provincial Assembly.
(2)
So much of the Annual Budget Statement as
relates to other expenditure shall be
submitted to the Provincial Assembly in the
form of demands for grants, and that
Assembly shall have power to assent to, or
to refuse to assent to, any demand, or to
assent to any demand subject to a reduction
of the amount specified therein:
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.
(3)
No demand for a grant shall be made except
on the recommendation of the Provincial
Government.
123. Authentication of schedule of
authorized expenditure.
(1)
The Chief Minister shall authenticate by his
signature a schedule specifying :-
(a)
the grants made or deemed to have been made
by the Provincial Assembly under Article 122
and
(b)
the several sums required to meet the
expenditure charged upon the Provincial
Consolidated Fund but not exceeding, in the
case of any sum, the sum shown in the
statement previously laid before the
Assembly.
(2)
The schedule so authenticated shall be laid
before the Provincial Assembly, but shall
not be open to discussion or vote thereon.
(3)
Subject to the Constitution, no expenditure
from the Provincial Consolidated Fund shall
be deemed to be duly authorized unless it is
specified in the schedule so authenticated
and such schedule is laid before the
Provincial Assembly as required by clause
(2).
124. Supplementary and excess grant.
If in respect of any financial year it is
found
(a)
that the amount authorized to be expended
for a particular service for the current
financial year is insufficient, or that a
need has arisen for expenditure upon some
new service not included in the Annual
Budget Statement for that year; or
(b)
that any money has been spent on any service
during a financial year in excess of the
amount granted for that service for that
year;
the Provincial Government shall have power
to authorize expenditure from the Provincial
Consolidated Fund, whether the expenditure
is charged by the Constitution upon that
Fund or not, and shall cause to be laid
before the Provincial Assembly a
Supplementary Budget Statement or, as the
case may be, an Excess Budget Statement,
setting out the amount of that expenditure,
and the provisions of Article 120 to 123
shall apply to those statements as they
apply to the Annual Budget Statement.
125. Votes on 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.
126. Power to authorize 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.
127. 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
(a)
any reference in those provisions to Majlis-
e- Shoora (Parliament), a House or the
National Assembly shall be read as a
reference to the Provincial Assembly;
(b)
any reference in those provisions to the
President shall be read as a reference to
the Governor of the Province;
(c)
any reference in those provisions to the
Federal Government shall be, read as a
reference to the Provincial Government;
(d)
any reference in those provisions to the
Prime Minister shall be read as a reference
to the Chief Minister;
(e)
any reference in those provisions to a
Federal Minister shall be read as a
reference to a Provincial Minister;
(f)
any reference in those provisions to the
National Assembly of Pakistan shall be read
as a reference to the Provincial Assembly in
existence immediately before the commencing
day; and
(g)
the said clause (2) of Article 54 shall have
effect as if, in the proviso thereto, for
the words "one hundred and thirty" the word
"seventy" were substituted.
128. Power of Governor to promulgate
Ordinances.
(1)
The Governor may, except when the Provincial
Assembly is in session, if satisfied that
circumstances exist which render it
necessary to take immediate action, make and
promulgate an Ordinance as the circumstances
may require.
(2)
An Ordinance promulgated under this Article
shall have the same force and effect as an
Act of the Provincial Assembly and shall be
subject to like restrictions as the power of
the Provincial Assembly to make laws, but
every such Ordinance:
(a)
shall be laid before the Provincial Assembly
and shall stand repealed at the expiration
of three months from its promulgation or, if
before the expiration of that period a
resolution disapproving it is passed by the
Assembly, upon the passing of that
resolution; and
(b)
may be withdrawn at any time by the
Governor.
(3)
Without prejudice to the provisions of
clause (2), an Ordinance laid before the
Provincial Assembly shall be deemed to be a
Bill introduced in the Provincial Assembly.
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