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The Governors
101.
(1) There shall be a Governor for each Province, who shall be appointed by
the President [in his discretion] [after consultation with the Prime
Minister.]
(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 [:]
(3) The Governor shall hold office during the pleasure of the President [and
shall be entitled to such salary, allowances and privileges as the President
may determine].
(4) The Governor may, by writing under his hand addressed to the President,
resign his office.
[(5) The President may make such provision as he things fit ofr the
discharge of the functions of a Governor] [in any contingency not provided
for in this Part].
102.
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.
(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 [Majlis-e-Shoora
(Parliament)] or a Provincial Assembly and, if a member of is appointed as
Governor, his seat in or, as the case may be, the Provincial Assembly shall
become vacant on the day he enters upon his office.
104.
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.
[ 105.
(1) Subject to the Constitution, in the performance of his functions, the
Governor shall act in accordance with the advice of the Cabinet, [or the
Chief Minister].
Provided that 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 act in accordance with the advice tendered
after such reconsideration.
(2) The question whether any, and if so what, advice was tendered to the
Governor by the Chief Minister
[or the Cabinet] shall not be inquired into in, or by, any court, tribunal
or other authority.
(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.
(4) The powers conferred by the Article on the President shall be exercised
by him in his discretion.
(5) The provisions of clause [(2)] of Article 48 shall have effect in
relation to a Governor as if reference therein to "President" were reference
to "Governor".]
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