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Part VI: Finance, Property, Contracts and Suits

Chapter 2: Borrowing and Audit

166 Borrowing by Federal Government.
The executive authority of the Federation extends to borrowing upon the security of the Federal Consolidated Fun d within such limits, if any, as may from time to time be fixed by Act of  368[Majlis-e-Shoora (Parliament)] 368, and to the giving of guarantees within such limits, if any, as may be so fixed.
 
167 Borrowing by Provincial Government.
(1) Subject to the provisions of this Article, the executive authority of a Province extends to borrowing upon the security of the Provincial Consolidated Fund within such limits, if any, as may from time to time be fixed by Act of the Provincial Assembly, and to the giving of guarantees within such limits, if any, as may be so fixed.
 
(2) The Federal Government may, subject to such conditions, if any, as it may think fit to impose, make loans to, or so long as any limits fixed under Article 166 are not exceeded give guarantees in respect of loans raised by, any Province, and any sums required for the purpose of making loans to a Province shall be charged upon the Federal Consolidated Fund.
 
(3) A Province may not, without the consent of the Federal Government, raise any loan if there is still outstanding any part of a loan made to the Province by the Federal Government, or in respect of which guarantee has been given by the Federal Government; and consent under this clause may be granted subject to such conditions, if any, as the Federal Government may think fit to impose.
 
 369[
(4) A Province may raise domestic or international loan, or give guarantees on the security of the Provincial Consolidated Fund within such limits and subject to such conditions as may be specified by the National Economic Council.
 
] 369
 

Audit and Accounts

168 Auditor-General of Pakistan.
(1) There shall be an Auditor-General of Pakistan, who shall be appointed by the President.
 
(2) Before entering upon office, the Auditor-General shall make before the Chief Justice of Pakistan oath in the form set out in the Third Schedule.
 
 370[
(3) The Auditor-General shall, unless he sooner resigns or is removed from office in accordance with clause (5), hold office for a term of four years from the date on which he assumes such office or attains the age of sixty-five years, whichever is earlier.
 
] 370 373[
(3A) The other terms and conditions of service of the Auditor-General shall be determined, by Act of Majlis-e-Shoora (Parliament); and, until so determined, by Order of the President.
 
] 373
(4) A person who has held office as Auditor-General shall not be eligible for further appointment in the service of Pakistan before the expiration of two years after he has ceased to hold that office.
 
(5) The Auditor-General shall not be removed from office except in the like manner and on the like grounds as a Judge of the Supreme Court.
 
(6) At any time when the office of the Auditor-General is vacant or the Auditor-General is absent or is unable to perform the functions of his office due to any cause,  374[the President may appoint the most senior officer in the Office of the Auditor-General to] 374 act as Auditor-General and perform the functions of that office.
 
 
169 Functions and powers of Auditor-General.
The Auditor-General shall, in relation to-
(a) the accounts of the Federation and of the Provinces; and
(b) the accounts of any authority or body established by the Federation or a Province, perform such functions and exercise such powers as may be determined by or under Act of'  375[Majlis-e-Shoora (Parliament)] 375 and, until so determined, by Order of the President.
 
170 Power of Auditor-General to give directions as to accounts.
 376[(1)] 376 The accounts of the Federation and of the Provinces shall be kept in such form and in accordance with such principles and methods as the Auditor-General may, with the approval of the President, prescribe.
 
 377[
(2) The audit of the accounts of the Federal and of the Provincial Governments and the accounts of any authority or body established by, or under the control of, the Federal or a Provincial Government shall be conducted by the Audior-General, who shall determine the extent and nature of such audit.
 
] 377
 
171 Reports of Auditor-General.
The reports of the Auditor-General relating to the accounts of the Federation shall be submitted to the President, who shall cause them to be laid before the  378[both Houses of Majlis-e-Shoora (Parliament)] 378 and the reports of the Auditor-General relating to the accounts of a Province shall be submitted to the Governor of the Province, who shall cause them to be laid before the Provincial Assembly.
 

Notes

368   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
369   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 61 (with effect from April 19, 2010).
370   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 62(i) (with effect from April 19, 2010) for :
(3) The terms and conditions of service, including the term of office, of the Auditor-General shall be determined by Act of  371[Majlis-e-Shoora (Parliament)] 371 and, until so determined, by  372 Order of the President.
 
371   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
372   For such Order, see the Pakistan (Audit and Accounts) Order, 1973 (President's Order No. 21 of 1973).
373   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 62(ii) (with effect from April 19, 2010).
374   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 62(iii) (with effect from April 19, 2010) for "such other person as the President may direct shall".
375   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
376   Renumbered by Constitution (Eighteenth Amendment) Act, 2010, Section 63 (with effect from April 19, 2010)
377   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 63 (with effect from April 19, 2010).
378   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 64 (with effect from April 19, 2010) for "National Assembly".

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