Part IV Provinces
CHAPTER 1. ---- THE GOVERNORS
101. (1) There shall be a Governor for each Province, who shall be appointed by the President {on the advice of the Prime Minister}.
(2) A person shall not be appointed a Governor unless he is qualified to be elected as a member of the National Assembly and is not less than 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 thinks fit for 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 or occupy any other position carrying the right to remuneration for the rendering of service.
(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 Majlis-e-Shoora (Parliament) or a Provincial Assembly is appointed as Governor, his seat in Majlis-e-Shoora (Parliament) 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 of 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 this 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”.
CHAPTER 2. --- PROVINCIAL ASSEMBLIES
106. (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
The North-West Frontier Province 80
The Punjab 240
Sind 100
(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) 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-
Governor to act on advice, etc.
Constitution of Provincial Assemblies.
Province Christians Hindus and persons belonging to the scheduled castes. Sikh, Budhist and Parsi
communities and other non Muslims. Baluchistan 1 1 1 The North-Persons belonging to the Quadiani group or the Lahori group (who call themselves Ahmadis).
West Frontier1-1 1
The Punjab 5 1 1 1
Sind 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.
(4) Until the expiration of a period of ten years from the commencing day or the holding of the {third} 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).
(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.
(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 the system of proportional representation by means of a single transferable vote by the electoral college consisting of the persons elected to that Assembly.
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 which he may be named a member, but shall not by virtue of this Article be entitled 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 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 a {notice of 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 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 Assembly 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.
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. (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 by or with the consent of the Provincial Government.
(2) For the purposes 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 reasons 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 licence 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.
Provincial Government’s consent required for financial measures.
116. (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 therefrom.
(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 in accordance with the Constitution.
117. (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. (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.
Governor’s assent to Bills. Bill not to lapse on prorogation, etc.Provincial Consolidated Fund and Public Account.
119. 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.
120. (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. 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 Cabinet.
(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 amortisation 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 Consolidated Fund;
(d) any sums required to satisfy any judgment, decree or award against the Province by any court or
tribunal; and Custody, etc., of Provincial Consolidated Fund and Public Account.Annual Budget Statement.
Expenditure charged upon Provincial Consolidated fund.
(e) any other sums declared by the Constitution or by Act of the Provincial Assembly to be so charged.
122. (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. (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 authorised unless it is specified in the schedule so authenticated and such schedule is laid before the Provincial Assembly as required by clause (2)
124. If in respect of any financial year it is found—
(a) that the amount authorised 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 Procedure relating to Annual Budget Statement.
Authentication of schedule of authorised expenditure.Supplementary and excess grant.
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 Articles
120 to 123 shall apply to those statements as they apply tothe Annual Budget Statement.
125. 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 of the voting of such grant and the authentication of the schedule of expenditure in accordance with the provisions of Article123 in relation to the expenditure.
CHAPTER 1. ---- THE GOVERNORS
101. (1) There shall be a Governor for each Province, who shall be appointed by the President {on the advice of the Prime Minister}.
(2) A person shall not be appointed a Governor unless he is qualified to be elected as a member of the National Assembly and is not less than 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 thinks fit for 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 or occupy any other position carrying the right to remuneration for the rendering of service.
(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 Majlis-e-Shoora (Parliament) or a Provincial Assembly is appointed as Governor, his seat in Majlis-e-Shoora (Parliament) 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 of 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 this 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”.
CHAPTER 2. --- PROVINCIAL ASSEMBLIES
106. (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
The North-West Frontier Province 80
The Punjab 240
Sind 100
(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) 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-
Governor to act on advice, etc.
Constitution of Provincial Assemblies.
Province Christians Hindus and persons belonging to the scheduled castes. Sikh, Budhist and Parsi
communities and other non Muslims. Baluchistan 1 1 1 The North-Persons belonging to the Quadiani group or the Lahori group (who call themselves Ahmadis).
West Frontier1-1 1
The Punjab 5 1 1 1
Sind 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.
(4) Until the expiration of a period of ten years from the commencing day or the holding of the {third} 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).
(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.
(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 the system of proportional representation by means of a single transferable vote by the electoral college consisting of the persons elected to that Assembly.
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 which he may be named a member, but shall not by virtue of this Article be entitled 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 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 a {notice of 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 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 Assembly 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.
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. (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 by or with the consent of the Provincial Government.
(2) For the purposes 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 reasons 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 licence 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.
Provincial Government’s consent required for financial measures.
116. (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 therefrom.
(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 in accordance with the Constitution.
117. (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. (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.
Governor’s assent to Bills. Bill not to lapse on prorogation, etc.Provincial Consolidated Fund and Public Account.
119. 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.
120. (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. 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 Cabinet.
(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 amortisation 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 Consolidated Fund;
(d) any sums required to satisfy any judgment, decree or award against the Province by any court or
tribunal; and Custody, etc., of Provincial Consolidated Fund and Public Account.Annual Budget Statement.
Expenditure charged upon Provincial Consolidated fund.
(e) any other sums declared by the Constitution or by Act of the Provincial Assembly to be so charged.
122. (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. (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 authorised unless it is specified in the schedule so authenticated and such schedule is laid before the Provincial Assembly as required by clause (2)
124. If in respect of any financial year it is found—
(a) that the amount authorised 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 Procedure relating to Annual Budget Statement.
Authentication of schedule of authorised expenditure.Supplementary and excess grant.
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 Articles
120 to 123 shall apply to those statements as they apply tothe Annual Budget Statement.
125. 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 of the voting of such grant and the authentication of the schedule of expenditure in accordance with the provisions of Article123 in relation to the expenditure.
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