The provincial governments
129.
The executive authority of the Province
shall vest in the Governor and shall be
exercised by him, either directly or though
officers subordinate to him, in accordance
with the Constitution.
130.
(1) There shall be a Cabinet of Ministers,
with the Chief Minister at its head, to aid
and advise the Governor in the exercise of
his functions.
(2)The Governor shall appoint from amongst
the members of the Provincial Assembly a
Chief Minister which, in his opinion, is
likely to command the confidence of the
majority of the members of the provincial
Assembly.
(2A) Notwithstanding anything contained in
clause(2) after the twentieth day of March,
one thousand nine-hundred and eighty-eight,
the Governor shall invite the member off the
Provincial Assembly to be the Chief Minister
who commands the confidence of the members
of the Provincial Assembly, as ascertained
in session of the Assembly summoned for the
purpose in accordance with the provisions of
the Constitution;
Provided that nothing contained in this
clause shall apply to a Chief Minister
holding office on the twentieth day of
March, one thousand nine hundred and eighty
eight, in accordance with provisions of the
Constitution.
(3) The person appointed under clause(2) for
as the case may be, invited under clause(2A)
shall, before entering upon the office, make
before the Governor oath in the form set out
in the Third Schedule and shall within a
period of sixty days thereof obtain a vote
of confidence from the Provincial Assembly.
(4) The Cabinet shall be collectively
responsible to the Provincial Assembly .
[(5) The Chief Minister shall hold office
during the pleasure of the Governor, but the
Governor shall not exercise his powers under
this clause unless he is satisfied that the
Chief Minister does not command the
confidence of the majority of the members of
the Provincial Assembly and require the
Chief Minister to obtain a vote of
confidence from the Assembly.]
(6) The Chief Minister may, by writing under
his hand addressed to the Governor, resign
his office.
(7) A Minister who for any period of six
consecutive months is not a member of the
Provincial Assembly shall, at the expiration
of that period, cease to be ~ Minister, and
shall not before the dissolution of that
Assembly be again appointed a Minister
unless h e is elected a member of that
Assembly.
(8) Nothing contained in this Article shall
be construed as disqualifying the Chief
Minister or any other Minister for
continuing in office during any period
during which the Provincial Assembly stands
dissolved, or as preventing the appointment
of any person as Chief Minister or other
Minister during any such period.]
[131.
It shall be the duty of the Chief Minister-
(a) to communicate to the Governor all
decisions of the Cabinet relating to the
administration of the affairs of the
Province and proposals for legislation;
(b) to furnish such information relating to
the administration of the affairs of the
Province and proposals for legislation as
the Governor may call for; and
(c) if the Governor so requires, to submit
for consideration of the Cabinet any matter
on which a decision has been taken by the
Chief Minister or a Minister but which has
not been considered by the Cabinet.]
[132.
(1) Subject to clauses (7) and (8) of
Article 130, the Governor shall appoint
Provincial Ministers from amongst members of
the Provincial Assembly on the advice of the
Chief Minister.
(2) Before entering upon office, a
Provincial Minister shall make before the
Governor oath in the form set out in the
Third Schedule.
(3) A Provincial Minister may, by writing
under his hand addressed to the Governor,
resign his office or may be removed from
office by the Governor on the advice of the
Chief Minister.
133.
The Governor may ask the Chief Minister to
continue to hold office until his successor
enters upon the office of Chief Minister.]
134.
[Resignation by Chief Minister.] Omitted by
P.O.No.14 of 1985, Art . 2 and Sch. item 29
(with effect from March 2, 1985).
135.
[Provincial Minister performing functions of
Chief Minister.] Omitted, ibid.
[136.
(1) A resolution for a vote of no-confidence
moved by not less than twenty per centum of
the total membership of the Provincial
Assembly may be passed against the Chief
Minister by the Provincial Assembly.
(2) A resolution referred to in clause (1)
shall not be voted upon before the
expiration of three days, or later than
seven days, from the day on which such
resolution is moved in the Provincial
Assembly.
(3) If the resolution referred to in clause
(1) is passed by a majority of the total
membership of the Provincial Assembly, the
Chief Minister shall cease to hold office. ]
137.
Subject to the Constitution, the executive
authority of the Province shall extend to
the matters with respect to which the
Provincial Assembly has power to make laws:
Provided that, in any matter with respect to
which both [Majlis-e-Shoora (Parliament)]
and the Provincial Assembly of a Province
have power to make laws, the executive
authority of the Province shall be subject
to, and limited by, the executive authority
expressly conferred by the Constitution or
by law made by [Majlis-e-Shoora
(Parliament)] upon the Federal Government or
authorities thereof.
138.
On the recommendation of the Provincial
Government, the Provincial Assembly may by
law confer functions upon officers or
authorities subor- dinate to the Provincial
Government.
[139.
(1) All executive actions of the Provincial
Government shall be expressed to be taken in
the name of the Governor.
(2) The Governor shall by rules specify the
manner in which orders and other instruments
made and executed in his name shall be
authenticated, and the validity of any order
or instrument so authenticated shall not be
questioned in any court on the ground that
it was not made or executed by the Governor.
(3) The Governor shall also make rules for
the allocation and transaction of the
business of the Provincial Government.]
140.
(1) The Governor of each Province shall
appoint a person, being a person qualified
to be appointed a Judge of the High Court,
to be the Advocate-General for the Province.
(2) It shall be the duty of the
Advocate-General to give advice to the
Provincial Government upon such legal
matters, and to perform such other duties of
a legal character, as may be referred or
assigned to him by the Provincial
government.
(3) The Advocate-General shall hold office
during the pleasure of the Governor.
(4) The Advocate-General may, by writing
under his hand addressed to the Governor,
resign his office.
140A. Local government.
Each Province shall, by law, establish a
local government system and devolve
political, administrative and financial
responsibility and authority to the elected
representatives of the local governments.