Chapter 2: "Provincial Assemblies" of Part IV: "Provinces"

Chapter 2: Provincial Assemblies

106.

Constitution of Provincial Assemblies:

(1)

Each Provincial Assembly shall consist of general seats and seats reserved for women and non-Muslims as specified herein below:-

	General seats	Women	Non-Muslims	Total
Balochistan	51	11	3	65
Khyber Pakhtunkhwa	115	26	4	145
Punjab	297	66	8	371
Sindh	130	29	9	168

²⁷¹[

(1A)	The seats for the Province of Khyber Pakhtunkhwa, referred to in clause (1), include sixteen general seats, four seats for women and one seat for non-Muslims in respect of the Federally Administered Tribal Areas: Provided that elections to the aforesaid seats shall be held within one year after the general elections, 2018.

(1B)	After elections to seats referred to in clause (1A), both clause (1A) and this clause shall stand omitted.

]²⁷¹

(2)

A person shall be entitled to vote if-

(a)	he is a citizen of Pakistan;
(b)	he is not less than eighteen years of age;
(c)	his name appears on the electoral roll; and
(d)	he is not declared by a competent court to be of unsound mind.

(3)

For the purpose of election to the Provincial Assembly,-

(a)	the constituencies for the general seats shall be single member territorial constituencies and the members to fill such seats shall be elected by direct and free vote;
(b)	each Province shall be a single constituency for all seats reserved for women and non-Muslims allocated to the respective Provinces under clause (3);
(c)	the members to fill seats reserved for women and non-Muslims allocated to a Province under clause (1) shall be elected in accordance with law through proportional representation system of political parties' lists of candidates on the basis of total number of general seats secured by each political party in the Provincial Assembly: Provided that for the purpose of this sub-clause the total number of general seats won by a political party shall include the independent returned candidate or candidates who may duly join such political party within three days of the publication in the official Gazette of the names of the returned candidates.

107

Duration of Provincial Assembly.
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

Speaker and Deputy Speaker.
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

Summoning and prorogation of Provincial Assembly.
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

Right of Governor to address Provincial Assembly.
The Governor may address the Provincial Assembly and may for that purpose require the attendance of the members.

111

Right to speak in Provincial Assembly.
The Advocate-General ²⁸⁷[and an Adviser appointed under clause (11) of Article 130]²⁸⁷shall have the right to speak and otherwise take part in the proceedings of the Provincial Assembly or any committee thereof of which he may be named a member, but shall not by virtue of this Article be entitled to vote.

112.

Dissolution of Provincial Assembly:

(1)	The Governor shall dissolve the Provincial Assembly if so advised by the Chief Minister; and the Provincial Assembly shall, unless sooner dissolved, stand 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.

(2)	The Governor may also dissolve the Provincial Assembly in his discretion, but subject to previous approval by the President, where a vote of no-confidence having been passed against the Chief Minister, no other member of the Provincial Assembly commands 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

Qualifications and disqualifications for membership of Provincial Assembly.
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

Restriction on discussion in Provincial Assembly.
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

Provincial Government's consent required for financial measures.

(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 purpose 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 reason 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.

116

Governor's assent to Bills.

(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 ²⁹⁷[ten]²⁹⁷ 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.

²⁹⁹[

(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 ³⁰⁰[give his assent within ten days, failing with such assent shall be deemed to have been given]³⁰⁰.

]²⁹⁹

(4)	When the Governor has assented ³⁰¹[or is deemed to have assented]³⁰¹to 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 accordance with the Constitution.

117

Bill not to lapse on prorogation, etc.

(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

Provincial Consolidated Fund and Public Account.

(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.

119

Custody, etc., of Provincial Consolidated Fund and Public Account.
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

Annual Budget Statement.

(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

Expenditure charged upon Provincial Consolidated Fund.
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 Assembly;

(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 Consolidation Fund;

(d)

any sums required to satisfy any judgment, decree or award against the Province by any Court or tribunal; and

(e)

any other sums declared by the Constitution or by Act of the Provincial Assembly to be so charged.

122

Procedure relating to Annual Budget Statement.

(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: ³⁰²[]³⁰²

(3)	No demand for a grant shall be made except on the recommendation of the Provincial Government.

123

Authentication of schedule of authorised expenditure.

(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 authorized unless it is specified in the schedule so authenticated and such schedule is laid before the Provincial Assembly as required by clause (2).

124

Supplementary and excess grant.
If in respect of any financial year it is found

(a)	that the amount authorized 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 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 Article 120 to 123 shall apply to those statements as they apply to the Annual Budget Statement.

125

Votes of account.
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 for the voting of such grant and the authentication of the schedule of expenditure in accordance with the provisions of Article 123 in relation to the expenditure.

126

Power to authorise expenditure when Assembly stands dissolved.
Notwithstanding anything contained in the foregoing provisions relating to financial matters, at any time when the Provincial Assembly stands dissolved, the Provincial Government may authorize 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 authorized expenditure in accordance with the provisions of Article 123 in relation to the expenditure.

127

Provisions relating to National Assembly, etc., to apply to Provincial Assembly, etc.
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 Provincial Government, but so that

(a)	any reference in those provisions to ³⁰³[Majlis-e-Shoora (Parliament)]³⁰³, 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 Minister;
(e)	any reference in those provisions to a Federal Minister shall be read as a reference to a Provincial Minister; ³⁰⁴[]³⁰⁴
(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 day³⁰⁵[; and]³⁰⁵

³⁰⁶[

(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 "³⁰⁷[one hundred]³⁰⁷" were substituted.

]³⁰⁶

128

Power of Governor to promulgate Ordinances.

(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 ³⁰⁸[ninety days]³⁰⁸ 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 resolution³⁰⁹[:]³⁰⁹

³¹⁰[Provided that the Provincial Assembly may by a resolution extend the Ordinance for a further period of one hundred and twenty days and it shall stand repealed at the expiration of the extended period, or if before the expiration of that period a resolution disapproving it is passed by the Assembly, upon the passing of that resolution:

Provided further that extension for further period may be made only once.]³¹⁰

(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.

Notes

²⁶⁹ Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 36 (with effect from August 21, 2002) for :

106 Constitution of Provincial Assemblies.
²⁷²[

(1) Each Provincial Assembly shall consist of general seats and seats reserved for women and non-Muslims as specified herein below.

General seats Women Non-Muslims Total

Baluchistan 51 11 3 65

The North-West Frontier Province 99 22 3 124

The Punjab 297 66 8 371

Sind 130 29 9 168

]²⁷²

(2) A person shall be entitled to vote if-

(a) he is a citizen of Pakistan;

(b) he is not less than ²⁷³[eighteen]²⁷³ 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 ²⁷⁵[.]²⁷⁵

²⁷⁶[]²⁷⁶

²⁷⁷[

(3) For the purpose of election to a Provincial Assembly -

(a) the constituencies for the general seats shall be single member territorial constituencies and the members to fill such seats shall be elected by direct and free vote.

(b) each Province shall be a single constituency for all seats reserved for women and non-Muslims allocated to the respective Provinces under clause (1);

(c) the members to fill seats reserved for women and non-Muslims allocated to a Province under clause (1) shall be elected in accordance with law through proportional representation system of political parties' lists of candidates on the basis of the total number of general seats secured by each political party in the Provincial Assembly:
²⁸²[Provided that for the purpose of this sub-clause, the total number of general seats won by a political party shall include the independent returned candidate or candidates who may duly join such political party within three days of the publication in the official Gazette of the names of the returned candidates.]²⁸²

]²⁷⁷²⁸³[]²⁸³

²⁷⁰ Substituted by Constitution (Twenty-fifth Amendment) Act, 2017 (37 of 2018), Sect. 6(I) (with effect from May 31, 2018) for :

Khyber Pakhtunkhwa 99 22 3 124

²⁷¹ Inserted by Constitution (Twenty-fifth Amendment) Act, 2017 (37 of 2018), Sect. 6(II) (with effect from May 31, 2018).

²⁷² Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 14(1) (with effect from August 21, 2002) for :

(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

North-West Frontier Province 80

The Punjab 240

Sind 100

²⁷³ Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 14(2) (with effect from August 21, 2002) for "²⁷⁴[twenty-one]²⁷⁴".

²⁷⁴ Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 24 (with effect from March 2, 1985) for "eighteen".

²⁷⁵ Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 24 (with effect from March 2, 1985) for ":".

²⁷⁶ The following was omitted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 24 (with effect from March 2, 1985) : :

Provided that, for the purpose of the first general election to the Provincial Assembly or an election to a seat falling vacant before the holding of the second general election to the Assembly, paragraph (b) shall have effect as if for the word "eighteen" the word "twenty-one" were substituted.

²⁷⁷ Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 14(3) (with effect from August 21, 2002) for :

²⁷⁸[

(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.

Province Christians Hindus and persons belonging to the scheduled castes Sikh, Buddhist and Parsi communities and other non-Muslims Persons belonging to the Quadiani group of the Lahori group (who call themselves Ahmadis)

Baluchistan 1 1 1 -

The North-West Frontier Province 1 - 1 1

The Punjab 5 1 1 1

Sindh 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.

]²⁷⁸

²⁷⁸ Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 24 (with effect from March 2, 1985) for :

(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 additional seats hereinafter specified reserved for persons belonging to the Christian, Hindu, Sikh, Buddhist and Paris communities ²⁷⁹[and persons of the Quadiani group or the Lahori group who call themselves 'Ahmadis')]²⁷⁹²⁸⁰[and other non-Muslims and persons belonging to]²⁸⁰ the scheduled castes :-

Baluchistan 1

The North-West Frontier Province 1

The Punjab ²⁸¹[5]²⁸¹

Sind 2

²⁷⁹ Inserted by Constitution (Second Amendment) Act, 1974 (49 of 1974), Section 2 (with effect from September 17, 1974).

²⁸⁰ Substituted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Article 7 (with effect from November 21, 1975) for "or".

²⁸¹ Substituted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Article 7 (with effect from November 21, 1975) for "3".

²⁸² Substituted by Legal Framework (Amendment) Order, 2002 (Chief Executive's Order No. 29 of 2002), Article 2(2) (with effect from October 9, 2002) for :

Provided that a political party securing less than five per centum of the total number of seats in the Provincial Assembly shall not be entitled to any seat reserved for women and non-Muslims.

²⁸³ The following was omitted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 14(4) (with effect from August 21, 2002) : :

(4) Until the expiration of a period of ten years from the commencing day or the holding of the ²⁸⁴[third]²⁸⁴ 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).

²⁸⁵[

(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.

]²⁸⁵²⁸⁶[

(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 a system of proportional representation by means of a single transferable vote by the electoral college consisting of the persons elected to that Assembly.

]²⁸⁶

²⁸⁴ Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 13 (with effect from November 9, 1985) for "second".

²⁸⁵ Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 24 (with effect from March 2, 1985) for :

(5) As soon as practicable after the general election to a Provincial Assembly, the members to fill seats reserved in the Assembly for the persons referred to in clause (3) of for women shall be elected in accordance with law by the members of that Assembly referred to in clause (1).

²⁸⁶ Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 24 (with effect from March 2, 1985).

²⁸⁷ Inserted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 6 (with effect from October 21, 2024).

²⁸⁸ Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 37 (with effect from April 19, 2010) for :

112 Dissolution of Provincial Assembly.

²⁸⁹[(1)]²⁸⁹ The Governor shall dissolve the Provincial Assembly if so advised by the Chief Minister; and the Provincial Assembly shall, unless sooner dissolved, stand 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 ²⁹⁰[notice or a resolution for a vote of no-confidence has been given]²⁹⁰ 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 the Chief Minister under clause (1) or clause (3) of Article 135.

²⁹¹[

(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 Assemble 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; or

²⁹²[]²⁹²²⁹³[

(b) a situation has arisen in which the Government of the Province cannot be carried on in accordance with the provisions of the Constitution and an appeal to the electorate is necessary.

]²⁹³

]²⁹¹²⁹⁴[

(3) The Governor in case of dissolution of the Provisional Assembly under paragraph (b) of clause (2) shall within fifteen days of the dissolution refer the matter to the Supreme Court with the previous approval of the President and the Supreme Court shall decide the reference within thirty days whose decision shall be final.

]²⁹⁴

²⁸⁹ Renumbered by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 14 (with effect from November 9, 1985)

²⁹⁰ Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 14(a) (with effect from November 9, 1985) for "resolution for a vote of no-confidence has been moved".

²⁹¹ Inserted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 14(b) (with effect from November 9, 1985).

²⁹² The following was omitted by Constitution (Thirteenth Amendment) Act, 1997 (1 of 1997), Section 2 (with effect from April 3, 1997) : :

(b) a situation has arisen in which the Government of the Province cannot be carried on in accordance with the provisions of the Constitution and an appeal to the electorate is necessary.

²⁹³ Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 15 (with effect from August 21, 2002).

²⁹⁴ Inserted by Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), Article 4 (with effect from December 31, 2003).

²⁹⁵ Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 25 (with effect from March 2, 1985) for :

113 A person shall not be qualified to be elected member of a Provincial Assembly unless :-

(a) he is a citizen of Pakistan;

(b) he is not less than twenty-five years of age;

(c) he is enrolled as a voter in any electoral roll for election to the Assembly; and

(d) he possesses such other qualifications as may be prescribed by Act of Parliament.

²⁹⁶ Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 26 (with effect from March 2, 1985) for :

116

(1) When a Bill has been passed by the Provincial Assembly, it shall be presented to the Governor for assent.

(2) The Governor shall assent to a Bill within seven days after it has been presented to him for assent, and if the Governor fails to do so he shall be deemed to have assented to the Bill at the expiration of the said period.

(3) When the Governor has assented or is deemed to have assented to a Bill, it shall become law and be called an Act of the Provincial Assembly.

(4) 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 or deemed to have been assented to in accordance with the Constitution.

²⁹⁷ Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 38(i) (with effect from April 19, 2010) for "²⁹⁸[thirty]²⁹⁸".

²⁹⁸ Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 15(a) (with effect from November 9, 1985) for "forty-five>".

²⁹⁹ Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 15(b) (with effect from November 9, 1985) for :

(3) When the Governor has returned a Bill to the Provincial Assembly, if it is again passed with or without amendment, by the Provincial Assembly, by the votes of the majority of the total membership of the Provincial Assembly, it shall be again presented to the Governor and the Governor shall assent thereto.

³⁰⁰ Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 38(ii) (with effect from April 19, 2010) for "not withhold assent therefrom".

³⁰¹ Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 38(iii) (with effect from April 19, 2010).

³⁰² The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 39 (with effect from April 19, 2010) : :

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.

³⁰³ 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".

³⁰⁴ The following was omitted by Constitution (First Amendment) Act, 1974 (33 of 1974), Article 7(a) (with effect from May 4, 1974) : "and".

³⁰⁵ Substituted by Constitution (First Amendment) Act, 1974 (33 of 1974), Article 7(b) (with effect from May 4, 1974) for ".".

³⁰⁶ Inserted by Constitution (First Amendment) Act, 1974 (33 of 1974), Article 7(c) (with effect from May 4, 1974).

³⁰⁷ Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 40 (with effect from April 19, 2010) for "seventy".

³⁰⁸ Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 41 (with effect from April 19, 2010) for "three months".

³⁰⁹ Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 41 (with effect from April 19, 2010) for "; and".

³¹⁰ Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 41 (with effect from April 19, 2010).

The Constitution of Pakistan

pakistani.org

(4)	Until the expiration of a period of ten years from the commencing day or the holding of the ²⁸⁴[third]²⁸⁴ 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 a system of proportional representation by means of a single transferable vote by the electoral college consisting of the persons elected to that Assembly.

Part IV: Provinces

Chapter 2: Provincial Assemblies

Notes