105
| Governor to act on advice, etc.
(1)
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Subject to the Constitution, in the performance of
his functions, the Governor shall act 259[on and] 259 in accordance with the
advice of the Cabinet, 260[or the Chief Minister] 260.
261[Provided that 262[within fifteen days] 262 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 263[, within ten days,] 263 act in accordance with the advice
tendered after such reconsideration.] 261
264[] 264
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(2)
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The question whether any, and if so what, advice
was tendered to the Governor by the Chief Minister
265[or the Cabinet] 265 shall not be inquired into in,
or by, any court, tribunal or other authority.
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266[
(3)
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Where the Governor dissolves the Provincial Assembly, notwithstanding anything contained in clause (1), he shall,-
(a)
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appoint a date, not later than ninety days from the date of dissolution, for the holding of a general election to the Assembly;
and
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(b)
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appoint a care-taker Cabinet. |
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] 266 267[] 267
(5)
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The provisions of clause 268[(2)] 268 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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]
246
The following was omitted by
Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 11(aa)
(with effect from
November 9, 1985) : :
247[Provided that, after the holding of the first general election to the National Assembly, a person shall not be appointed to be the
Governor of the Province of which he is a permanent resident.] 247
257
Substituted by
Constitution (Eighteenth Amendment) Act, 2010, Section 34
(with effect from
April 19, 2010) for :
104
| Acting Governor. 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. |
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258
Substituted by
Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 23
(with effect from
March 2, 1985) for :
105
|
(1)
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Subject to the Constitution, in the performance of his functions, the Governor shall act on and in accordance with the advice
of the Chief Minister and such advice of the Chief Minister and such advice shall be binding on him.
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(2)
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The question whether any, and if so what, was tendered to the Governor by the Chief Minister shall not be inquired into in
any court.
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261
Substituted by
Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 12(a)(ii)
(with effect from
November 9, 1985) for :
Provided that the Governor may require the Cabinet to reconsider such advice, whether generally or otherwise, and the Governor shall
act in accordance with the advice tendered after such reconsideration.
264
The following was omitted by
Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 12(a)(iii)
(with effect from
November 9, 1985) : :
Provided further that, in respect of the following matters, the Governor shall, subject to the previous approval of the President,
act in his discretion, namely :-
(a)
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appointment of the Chief Minister; |
(b)
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dismissal of a Cabinet which has lost the confidence of the Provincial Assembly; and |
(c)
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dissolution of the Provincial Assembly, when an appeal to the electorate is necessary. |
266
Substituted by
Constitution (Eighteenth Amendment) Act, 2010, Section 35(ii)
(with effect from
April 19, 2010) for :
(3)
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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.
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