126. Notwithstanding any thing contained in the foregoingprovisions relating to financial matters, at any time when the Provincial Assembly stands dissolved, the Provincial Government may authorise 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 authorised expenditure in accordance with the provisions of Article 123 in relation to the expenditure.
127. 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
ProvincialGovernment, 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 Votes on account.Power to authorize expenditure when Assembly stands dissolved. Provisions relating to National Assembly, etc., to apply to Provincial Assembly, etc. 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. (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.
129. The executive authority of the Province shall vest in the Governor and shall be exercised by him, either directly or through 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 who, 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 of the Provincial Assembly to be the Chief Minister who commands the confidence of the majority of the members of the Provincial Assembly, as ascertained in a 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 the provisions of the Constitution.
(3) The person appointed under clause (2) (or, 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, in which case he shall summon 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 a Minister, and shall not before the dissolution of that Assembly be again appointed a Minister unless he 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.
135. Provincial Minister performing functions of Chief Minister.Omitted by P.O. NO. 14 of 1985, Art.2 and Sch.
136. (1) A resolution for a vote of non-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 amajority 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 subordinate 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.
141. Subject to the Constitution, Majlis-e-Shoora (Parliament) may make laws (including laws having extra-territorial operation) for the whole or any part of Pakistan, and a Provincial Assembly may make laws for the Province or any part thereof.
142. Subject to the Constitution—
(a) Majlis-e-Shoora (Parliament) shall have exclusive power to make laws with respect to any matter in the Federal Legislative List;
(b) Majlis-e-Shoora (Parliament) , and a Provincial Assembly also, shall have power to make laws with respect to any matter in the Concurrent Legislative List;
(c) a Provincial Assembly shall, and Majlis-e-Shoora(Parliament) shall not, have power to make laws with respect to any matter not enumerated in either the Federal Legislative List or the Concurrent Legislative List; and
(d) Majlis-e-Shoora (Parliament) shall have exclusive power to make laws with respect to matters not enumerated in either of the Lists for such areas in the Federation as are not included in any Province.
143. If any provision of an Act of a Provincial Assembly is repugnant to any provision of an Act of Majlis-e-Shoora(Parliament) which Majlis-e-Shoora (Parliament) is competent to enact, or to any provision of any existing law with respect to any of the matters enumerated in the Concurrent Legislative List, then the Act of Majlis-e-Shoora(Parliament), whether passed before or after the Act of the Provincial Assembly, or, as the case may be, the existing law, shall prevail and the Act of the Provincial Assembly shall, to the extent of the repugnancy, be void.
144. (1) If two or more Provincial Assemblies pass resolutions to the effect that Majlis-e-Shoora (Parliament) may by law regulate any matter not enumerated in either List in the Fourth Schedule, it shall be lawful for Majlis-e-Shoora(Parliament) to pass an Act for regulating that matter accordingly, but any act so passed may, as respects any Province to which it applies, be amended or repealed by Act of the Assembly of that Province.
145. (1) The President may direct the Governor of any Province to discharge as his Agent, either generally or in any particular matter, such functions relating to such areas in the Federation which are not included in any Province as may be specified in the direction.
(2) The provisions of Article 105 shall not apply to the discharge by the Governor of his functions under clause (1).
146. (1) Notwithstanding anything contained in the Constitution, the Federal Government may, with the consent of the Government of a Province, entrust either conditionally or unconditionally to that Government, or to its officers functions in relation to any matter to which the executive authority of the Federation extends.
(2) An Act of Majlis-e-Shoora (Parliament) may, notwithstanding that it relates to a matter with respect to
which a Provincial Assembly has no power to make laws, confer powers and impose duties upon a Province or officers and authorities thereof.
(3) Where by virtue of this Article powers and duties have been conferred or imposed upon a Province or officers or authorities thereof, there shall be paid by the Federation to the Province such sum as may be agreed or, in default of agreement, as may be determined by an arbitrator appointed by the Chief Justice of Pakistan, in respect of any extra costs of administration incurred by the Province in connection with the exercise of those powers or the discharge of those duties.
147. Notwithstanding anything contained in the Constitution, the government of a Province may, with the consent of the Federal Government, entrust, either conditionally or unconditionally, to the Federal Government, or to its officers, functions in relation to any matter to which the executive authority of the Province extends.
148. (1) The executive authority of every Province shall be so exercised as to secure compliance with Federal laws which apply in that Province.
(2) Without prejudice to any other provision of this Chapter, in the exercise of the executive authority of the Federation in any Province regard shall be had to the interests of that Province.
(3) It shall be the duty of the Federation to protect every Province against external aggression and internal
disturbances and to ensure that the Government of every Province is carried on in accordance with the provisions of the Constitution.
149. (1) The executive authority of every Province shall be so exercised as not to impede or prejudice the exercise of the executive authority of the Federation, and the executive authority of the Federation shall extend to the giving of such directions to a Province as may appear to the Federal Government to be necessary for that purpose.
(2) The executive authority of the Federation shall also extend to the giving of directions to a Province as to the carrying into execution therein of any Federal law which relates to a matter specified in the Concurrent Legislative List and authorizes the giving of such directions.
(3) The executive authority of the Federation shall also extend to the giving of directions to a Province as to the construction and maintenance of means of communication declared in the direction to be of national or strategic importance.
(4) The executive authority of the Federation shall also extend to the giving of directions to a Province as to the manner in which the executive authority thereof is to be exercised for the purpose of preventing any grave menace to the peace or tranquility or economic life of Pakistan or any part thereof.
150. Full faith and credit shall be given throughout Pakistan to public acts and records, and judicial proceedings of every Province.
127. 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
ProvincialGovernment, 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 Votes on account.Power to authorize expenditure when Assembly stands dissolved. Provisions relating to National Assembly, etc., to apply to Provincial Assembly, etc. 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. (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.
129. The executive authority of the Province shall vest in the Governor and shall be exercised by him, either directly or through 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 who, 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 of the Provincial Assembly to be the Chief Minister who commands the confidence of the majority of the members of the Provincial Assembly, as ascertained in a 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 the provisions of the Constitution.
(3) The person appointed under clause (2) (or, 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, in which case he shall summon 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 a Minister, and shall not before the dissolution of that Assembly be again appointed a Minister unless he 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.
135. Provincial Minister performing functions of Chief Minister.Omitted by P.O. NO. 14 of 1985, Art.2 and Sch.
136. (1) A resolution for a vote of non-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 amajority 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 subordinate 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.
141. Subject to the Constitution, Majlis-e-Shoora (Parliament) may make laws (including laws having extra-territorial operation) for the whole or any part of Pakistan, and a Provincial Assembly may make laws for the Province or any part thereof.
142. Subject to the Constitution—
(a) Majlis-e-Shoora (Parliament) shall have exclusive power to make laws with respect to any matter in the Federal Legislative List;
(b) Majlis-e-Shoora (Parliament) , and a Provincial Assembly also, shall have power to make laws with respect to any matter in the Concurrent Legislative List;
(c) a Provincial Assembly shall, and Majlis-e-Shoora(Parliament) shall not, have power to make laws with respect to any matter not enumerated in either the Federal Legislative List or the Concurrent Legislative List; and
(d) Majlis-e-Shoora (Parliament) shall have exclusive power to make laws with respect to matters not enumerated in either of the Lists for such areas in the Federation as are not included in any Province.
143. If any provision of an Act of a Provincial Assembly is repugnant to any provision of an Act of Majlis-e-Shoora(Parliament) which Majlis-e-Shoora (Parliament) is competent to enact, or to any provision of any existing law with respect to any of the matters enumerated in the Concurrent Legislative List, then the Act of Majlis-e-Shoora(Parliament), whether passed before or after the Act of the Provincial Assembly, or, as the case may be, the existing law, shall prevail and the Act of the Provincial Assembly shall, to the extent of the repugnancy, be void.
144. (1) If two or more Provincial Assemblies pass resolutions to the effect that Majlis-e-Shoora (Parliament) may by law regulate any matter not enumerated in either List in the Fourth Schedule, it shall be lawful for Majlis-e-Shoora(Parliament) to pass an Act for regulating that matter accordingly, but any act so passed may, as respects any Province to which it applies, be amended or repealed by Act of the Assembly of that Province.
145. (1) The President may direct the Governor of any Province to discharge as his Agent, either generally or in any particular matter, such functions relating to such areas in the Federation which are not included in any Province as may be specified in the direction.
(2) The provisions of Article 105 shall not apply to the discharge by the Governor of his functions under clause (1).
146. (1) Notwithstanding anything contained in the Constitution, the Federal Government may, with the consent of the Government of a Province, entrust either conditionally or unconditionally to that Government, or to its officers functions in relation to any matter to which the executive authority of the Federation extends.
(2) An Act of Majlis-e-Shoora (Parliament) may, notwithstanding that it relates to a matter with respect to
which a Provincial Assembly has no power to make laws, confer powers and impose duties upon a Province or officers and authorities thereof.
(3) Where by virtue of this Article powers and duties have been conferred or imposed upon a Province or officers or authorities thereof, there shall be paid by the Federation to the Province such sum as may be agreed or, in default of agreement, as may be determined by an arbitrator appointed by the Chief Justice of Pakistan, in respect of any extra costs of administration incurred by the Province in connection with the exercise of those powers or the discharge of those duties.
147. Notwithstanding anything contained in the Constitution, the government of a Province may, with the consent of the Federal Government, entrust, either conditionally or unconditionally, to the Federal Government, or to its officers, functions in relation to any matter to which the executive authority of the Province extends.
148. (1) The executive authority of every Province shall be so exercised as to secure compliance with Federal laws which apply in that Province.
(2) Without prejudice to any other provision of this Chapter, in the exercise of the executive authority of the Federation in any Province regard shall be had to the interests of that Province.
(3) It shall be the duty of the Federation to protect every Province against external aggression and internal
disturbances and to ensure that the Government of every Province is carried on in accordance with the provisions of the Constitution.
149. (1) The executive authority of every Province shall be so exercised as not to impede or prejudice the exercise of the executive authority of the Federation, and the executive authority of the Federation shall extend to the giving of such directions to a Province as may appear to the Federal Government to be necessary for that purpose.
(2) The executive authority of the Federation shall also extend to the giving of directions to a Province as to the carrying into execution therein of any Federal law which relates to a matter specified in the Concurrent Legislative List and authorizes the giving of such directions.
(3) The executive authority of the Federation shall also extend to the giving of directions to a Province as to the construction and maintenance of means of communication declared in the direction to be of national or strategic importance.
(4) The executive authority of the Federation shall also extend to the giving of directions to a Province as to the manner in which the executive authority thereof is to be exercised for the purpose of preventing any grave menace to the peace or tranquility or economic life of Pakistan or any part thereof.
150. Full faith and credit shall be given throughout Pakistan to public acts and records, and judicial proceedings of every Province.
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