5: The Provinces
Part 5 consisted of articles 70 to 104.
It described the provinces, much along the same lines as the previous
part described the federation. The first chapter regarded the provincial
government (articles 70 to 75), which centered around a Governor
whose powers in the provinces paralleled those of the President
in the federation. The second chapter (articles 76 to 104) regarded
the provincial legislature, which paralelled the federal parliament
in the provinces.
Part 5: The Provinces
Chapter 1: The Provincial
Chapter 2: The Provincial
Chapter 1: The
(1) There shall be a Governor
of each Province who shall be appointed by the President and shall
hold office during the pleasure of the President.
(2) No person shall be eligible for appointment
as Governor unless he is a citizen of Pakistan and is not less than
forty years of age.
(3) A Governor may resign his office
by writing under his hand addressed to the President.
(4) Subject to the foregoing provisions
of this Article, a Governor shall hold office for a period of five
years from the date on which he enters upon his office.
(5) A Governor shall not be a member
of the National or a Provincial Assembly, and if a member of any
such Assembly is appointed a Governor, his seat in that Assembly
shall become vacant on the date on which he enters upon his office.
(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 question whether any, and if
so, what, advice has been tendered by the Cabinet or a Minister
to the Governor shall not be inquired into in any Court.
(3) The Governor shall, in his discretion,
appoint from amongst the members of the Provincial Assembly a Chief
Minister, who, in his opinion, is most likely to command the confidence
of the majority of the members of the Provincial Assembly.
(4) Other Ministers, Deputy Ministers
and Parliamentary Secretaries shall be appointed and removed from
office by the Governor, but no person shall be appointed a Deputy
Minister or Parliamentary Secretary unless he is a member of the
(5) The Cabinet shall be collectively
responsible to the Provincial Assembly.
(6) 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.
(7) In the exercise of his functions,
the Governor shall act in accordance with the advice of the Cabinet
or the appropriate Minister, as the case may be, except in cases
where he is empowered by the Constitution to act in his discretion,
and except as respects the exercise of his powers under clause (6).
Explanation.-For the avoidance of doubt it is hereby
declared that for the purposes of clause (4) the appropriate Minister
shall be the Chief Minister.
(8) 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 againg
appointed a Minister unless he is elected a member of that Assembly.
(9) Nothing in this Article shall be
construed as disqualifying the Chief Minister or any other Minister,
or a Deputy Minister or Parliamentary Secretary, for continuing
in office during any period during which the Provincial Assembly
stands dissolved, or as preventing appointment of any person as
Chief Minister or other Minister or as Deputy Minister of Parliamentary
Secretary, during any such period.
(1) The Governor shall appoint
an Advocate-General for the Province, who shall hold office during
the pleasure of the Governor, shall receive such remuneration as
may be determined by the Governor, and shall perform such duties
as may be assigned to him by the Governor.
(2) No Person shall be qualified for
appointment as Advocate-General unless he is qualified for appointment
as a Judge of a High Court, but no person shall be appointed as
Advocate-General if he is or has been a judge of the Supreme Court
or of a High Court.
(3) A person shall not hold office as
Advocate-General after he has attained the age of sixty-five years.
(1) The executive authority of
a 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.
(2) Except as expressly provided in the
Constitution, the executive authority of a Province shall extend
to all matters with respect to which the Provincial Legislature
has power to make laws.
(1) All executive actions of the
Government of a Province shall be expressed to be taken in the name
of the Governor thereof.
(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 to made or executed by the Governor.
(3) The Governor shall also make rules
for the allocation and transaction of the business of the Provincial
It shall be the duty of the Chief
Minister of each Province -
(a) to communicate to the Governor
of the Province 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 the consideration of the Cabinet any matter on which
a decision has been taken by a Minister but which has not been
considered by the Cabinet.
Chapter 2: The
There shall be a Provincial Legislature
for each Province consisting of the Governor and one House, to be
known as the Provincial Assembly.
(1) Subject to the succeeding
clauses, each Provincial Assembly shall consist of three hundred
(2) In addition to the seats in each
Provincial Assembly for the members mentioned in clause (1), there
shall, for a period of ten years from the Constitution Day, be ten
seats reserved in each Provincial Assembly for women members only;
and constituencies shall accordingly be delimited as women's territorial
constituencies for this purpose:
Provided that a woman who, under this clause, is a member of a Provincial
Assembly at the time of the expiration of the said period of ten
years, shall not cease to be a member until the Assembly is dissolved.
(3) Parliament may by Act alter the number
of the members of the Provincial Assemblies, provided that the number
of members of the two Assemblies shall remain equal.
(4) Parliament may, with the consent
of a Provincial Assembly, by Act provide for the representation
in that Assembly, which is included in the Province after the Constitution
Day but no such Act shall alter the number of members of the Assembly.
(5) Until the fourteenth day of October,
1965, the number of members of the Provincial Assembly of the Province
of West Pakistan elected by constituencies in the territory which,
immediately before the commencement of the Establishment of West
Pakistan Act, 1955, constituted the Province of Punjab shall not
be more than two-fifths of the total number of members of that Assembly.
(1) A person shall be qualified
to be elected to a Provincial Assembly -
(a) if he is not less than twenty-five
years of age and is qualified to be an elector for any constituency
for the Provincial Assembly under Article 143; and
(b) if he is not disqualified for being
a member by the Constitution or an Act of Parliament.
(2) If any question arises whether a
member has, after his election, become subject to any disqualification,
the Speaker of the Provincial Assembly shall obtain the opinion
of the Election Commission and, if the opinion is that the member
has incurred any disqualification, his seat shall become vacant.
(3) If any person sits or votes in a
Provincial Assembly knowing that he is not qualified for, or is
disqualified for, membership thereof, he shall be liable in respect
of every day on which he so sits or votes to a penalty of five hundred
rupees, which may be recovered from him as a debt due to the Province.
(1) No person shall at the same
time be a member of the National Assembly and of a Provincial Assembly,
and if a person has been elected as a member both of the National
Assembly and of a Provincial Assembly, and does not, within thirty
days of his election to the Assembly to which has been elected last,
resign one of his seats, his seat in the Provincial Assembly shall
(2) No person shall at the same time
be a member of both Provincial Assemblies, and if a person elected
as a member of both the Assemblies and does not, within thirty days
of his election t the second Assembly, resign one of his seats,
his seats in both the Assemblies shall become vacant.
(3) No person shall at the same time
be a member of a Provincial Assembly for two or more constituencies;
but nothing in this clause shall prevent a person from being at
the same time a candidate for two or more constituencies, but if
a person has been elected as a member for two or more constituencies
and does not, within thirty days of his election by the constituency
by which he has been elected last, make a declaration in writing
under his hand addressed to the Speaker specifying the constituency
which he wishes to represent, all his seats in the Assembly shall
become vacant; but so long as a person is a member for two or more
constituencies he shall not sit or vote in the Assembly.
(4) If a member of a Provincial Assembly
for one constituency permits himself to be nominated as a candidate
for election by another constituency for the Assembly, his seat
in respect of the former constituency shall become vacant.
If a member of a Provincial Assembly
is absent from the Assembly, without leave of the Assembly, for
sixty consecutive sitting days, his seat shall become vacant.
If a member of a Provincial Assembly
fails to make and subscribe an oath or affirmation in accordance
with the provisions of the Constitution within a period of six months
from the date of the first meeting of the Assembly after his election,
his seat shall become vacant:
Provided that the Speaker may, before
the expiration of the said period, for good cause shown, extend
A member of Provincial Assembly may
resign his seat by notice in writing under his hand addressed to
(1) The Governor may summon, prorogue
or dissolve the Provincial Assembly and shall, when summoning the
Assembly, fix the time and place of the meeting.
(2) Whenever a Chief Minister of a Provincial
Government is appointed, the Provincial Assembly, if, at the time
of the appointment, it is not sitting and does not stand dissolved,
shall be summoned so as to meet within two months thereafter.
(3) Unless sooner dissolved, a Provincial
Assembly shall stand dissolved on the expiration of five years after
the date of its first meeting.
There shall be at least two sessions
of a Provincial Assembly in every year, and six months shall not
intervene between the last sitting of the Assembly in one session,
and its first sitting in the next session.
The Governor of a Province may address
the Provincial Assembly and may send messages thereto.
Every Minister and the Advocate-General
of a Province shall have the right to speak in, and otherwise take
part in the proceedings of, the Provincial Assembly, and of any
committee thereof of which he may be named a member, but shall not
by virtue of this Article be entitled to vote.
(1) Every Provincial Assembly shall,
as soon as may be, choose two of its members to be respectively
Speaker and Deputy Speaker thereof and, so often as the office of
Speaker or Deputy Speaker becomes vacant, the Assembly shall choose
another member to be Speaker or Deputy Speaker, as the case may
(2) A member holding office as Speaker
or Deputy Speaker shall vacate his office if he ceases to be a member
of the Provincial Assembly, may at any time resign his office by
writing under his hand addressed to the Governor, and may be removed
from his office by a resolution of the Assembly passed by a majority
of the total members thereof; but no resolution for the purpose
of this clause shall be moved unless at least fourteen days' notice
has been given of the intention to move the resolution:
Provided that whenever the Provincial
Assembly is dissolved the Speaker shall not, by virtue of the
dissolution, vacate his office until immediately before the first
meeting of the Assembly after the dissolution.
(3) While the office of Speaker is vacant,
or the Speaker is for any reason unable to perform the duties of
his office, those duties shall be performed by the Deputy Speaker,
or if the office of Deputy Speaker is also vacant, by such member
of the Assembly as the Governor may appoint for the purpose; and
during any absence of the Speaker from any sitting of the Assembly
the Deputy Speaker, or if he also is absent, such person as may
be determined by the rules of procedure of the Assembly, shall act
(1) Subject to the provisions
of the Constitution -
(a) the procedure of a Provincial Assembly
shall be regulated by rules of procedure framed by the Assembly;
(b) a decision in a Provincial Assembly
shall be taken by a majority of the members present and voting;
but the person presiding shall not vote except when there is an
equality of votes, in which case he shall have and exercise a
(c) a Provincial Assembly shall have
power to act notwithstanding any vacancy in the membership thereof,
and any proceeding in the Assembly shall not be invalid only for
the reason that some person who was not entitled to do so sat
or voted, or otherwise took part in the proceedings.
(2) If at any time during a meeting of
the Provincial Assembly the attention of the person presiding is
drawn to the fact that less than forty members are present, it shall
be the duty of the person presiding either to adjourn the Assembly,
or to suspend the meeting until at least forty members are present.
(1) The validity of any proceedings
in a Provincial Assembly shall not be questioned in any court.
(2) No officer or member of a Provincial
Assembly in whom powers are vested for the regulation of procedure,
or the conduct of business, or the maintenance of order in the Assembly,
shall, in relation to the exercise by him of any of those powers,
be subject to the jurisdiction of any court.
(3) No member of a Provincial Assembly,
and no person entitled to speak therein, shall be liable to any
proceedings in any court in respect of anything said or any vote
given by him in the Assembly or any committee thereof.
(4) No person shall be liable to any
proceedings in any court in respect of the publication by or under
the authority of a Provincial Assembly of any report, paper, vote
(5) Subject to this Article, the privileges
of a Provincial Assembly, the committees and members thereof, and
the persons entitled to speak therein may be determined by Act of
the Provincial Legislature; but such privileges may not exceed those
conferred on the National Assembly, its committees and members,
and the persons entitled to speak therein.
(1) When a Bill has been passed by a
Provincial Assembly it shall be presented to the Governor, who shall,
within ninety days:
(a) assent to the Bill; or
(b) reserve the Bill for the consideration
of the President; or
(c) declare that he withholds assent
from the Bill; or
(d) in the case of a Bill other than
a Money Bill, return the Bill to the Assembly with a message requesting
that the Bill, or any specified provision thereof, be reconsidered
and that any amendments specified by him in the message be considered.
(2) When the Governor has reserved a
Bill for the consideration of the President it shall be presented
to the President, who shall, within ninety days:
(a) assent to the Bill; or
(b) declare that he withholds assent
(3) When the Governor has declared that
he withholds assent from a Bill, the Provincial Assembly shall be
competent to reconsider the Bill, and if it is again passed, with
or without amendment, by the Assembly, by the votes of not less
than two-thirds of the members present and voting, it shall be again
presented to the Governor, and the Governor shall assent thereto.
(4) When the Governor has returned a
Bill to the Provincial Assembly it shall be reconsidered by the
Assembly, and if it is again passed, with or without amendment,
by the Assembly, by a majority of the total number of members of
the Assembly, it shall be again presented to the Governor, and the
Governor shall assent thereto.
(1) In this Part "Money Bill"
means a Bill containing only provisions dealing with all or any
of the following matters, that is to say -
(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
(c) the custody of the Provincial Consolidated
Fund the payment of moneys into, or the issue or appropriation
of moneys from, such 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 Provincial Consolidated Fund, or the Public Account of
the Province, or the custody or issue of such moneys; and
(f) any matter incidental to any of
the matters specified in the aforesaid sub-clauses.
(2) A Bill shall not be deemed to be
a Money Bill by reason only that -
(a) it provides 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) it provides for the imposition, abolition,
remission, alteration, or regulation of any tax by any local authority
or body for local purposes.
(3) Every Money Bill, when it is
presented to the Governor for his assent, shall bear a certificate
under the hand of the Speaker that it is a Money Bill, and such
certificate shall be conclusive for all purposes and shall not be
questioned in any court.
No Bill or amendment which makes provision
for any of the matters specified in clause (1) of Article 91, or
which if enacted and brought into operation would involve expenditure
from the Province, shall be introduced or moved in a Provincial
Assembly except on the recommendation of the Governor.
No tax shall be levied for the purposes
of a Province except by or under the authority of an Act of the
(1) All revenues received by a
Provincial Government, all loans raised by that Government, and
all moneys received by it in repayment of any loan, shall form part
of one consolidated fund, to be known as the Provincial Consolidated
(2) All other public moneys received
by or on behalf of the Provincial Government shall be credited to
the Public Account of the Province.
(1) The custody of the Provincial Consolidated
Fund, the payment of moneys into such Fund, the withdrawal of moneys
therefrom, the custody of public moneys other than those credited
to such Fund received by or on behalf of the Provincial Government,
their payment into the Public Account of the Province, and the withdrawal
of moneys from such Account, and all matters connected with or ancillary
to matters aforesaid, shall be regulated by Act of the Provincial
Legislature and, until provision in that behalf is so made, by rules
made by the Governor.
(2) All moneys received by or deposited
(a) any officer employed in connection
with the affairs of a Province in his capacity as such, other
than revenues or public moneys raised or received by the Provincial
(b) any court to the credit of any
cause, matter, account or person in connection with the affairs
of the Province;
shall be paid into the Public Account of the Province.
(1) The Governor 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 part referred to as the Annual
(2) The Annual Financial 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
and shall distinguish expenditure on revenue account from other
The following expenditure shall be charged
on the Provincial Consolidated Fund:-
(a) the remuneration payable to the
Governor other expenditure relating to his office, and the remuneration
(i) the Judges of the High Court;
(ii) the members of the Provincial
Public Service Commission; and
(iii) 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, the Provincial Public Service Commission, 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 amortization 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
(e) any other sums declared by the
Constitution or by an Act of the Provincial Legislature to be
(1) So much of the Annual Financial
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 Financial 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
(3) No demand for a grant shall
be made except on the recommendation of the Governor.
(1) As soon as may be after the grants
under the last preceding Article have been made by the Provincial
Assembly there shall be introduced in the Assembly a Bill to provide
for appropriation out of the Provincial Consolidated Fund of all
moneys required to meet -
(a) the grants so made by the Provincial
(b) the expenditure charged on the
Provincial Consolidated Fund;
but not exceeding in any case the amount shown in the statement
previously laid before the Provincial Assembly.
(2) No amendment shall be proposed in
the Provincial Assembly to any such Bill which shall have the effect
of varying the amount or altering the destination of any grant so
(3) Subject to the provisions of the
Constitution, no money shall be withdrawn from the Provincial Consolidated
Fund except under appropriation made by law passed in accordance
with the provisions of the Article.
If in respect of any financial
year it is found -
(a) that the amount authorized to be
expanded 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 Financial 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 Governor 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 Financial Statement, setting out the amount of that
expenditure, and the provisions of Article 96 to 99 shall apply
to the aforesaid statements as they apply to the Annual Financial
(1) Notwithstanding anything in the
foregoing provisions of this chapter, the Provincial Assembly shall
have power -
(a) to make any grant in advance in
respect of the estimated expenditure for a part of any financial
year pending the completion of the procedure prescribed in Article
98 for the voting of such grant and the passing of the law in
accordance with the provisions of Article 99 in relation to that
(b) to make a grant for meeting an
unexpected demand upon the resources of the Province when on account
of the magnitude or the indefinite character of the service the
demand cannot be specified with the details ordinarily given in
an Annual Financial Statement;
(c) to make an exceptional grant which
forms no part of the current service of any financial year;
and the Provincial Legislature shall have power to
authorize by law the withdrawal of moneys from the Provincial Consolidated
Fund for the purposes for which the said grants are made.
(2) The provisions of Article 98 and
99 shall have effect in relation to the making of any grant under
clause (1) and to any law to be made under that clause as they have
effect in relation to the making of a grant with regard to any expenditure
mentioned in the Annual Financial Statement and law to be made for
the authorization of appropriation of money out of the Provincial
Consolidated Fund to meet such expenditure.
(1) If at any time, except when the
Provincial Assembly is in session, the Governor is satisfied that
circumstances exist which render immediately action necessary, he
may make and promulgate such Ordinances as the circumstances appear
to him to require, and any Ordinance so made shall have the like
force of law as an Act of the Provincial Legislature; but the power
of making Ordinances under this clause shall be subject to the like
restrictions as the power of the Provincial Legislature to make
laws, and any Ordinance made under this clause may be controlled
or superseded by any such Act:
Provided that the Governor shall not, without previous instructions
from the President promulgate any such Ordinance if an Act of the
Provincial Legislature containing the same provision would, under
the Constitution, have been invalid unless it had received the assent
of the President.
(2) An Ordinance promulgated under clause
(1) shall be laid before the Provincial Assembly and shall cease
to operate at the expiration of six weeks from the next meeting
of the Assembly, or if a resolution disapproving it is passed by
the Assembly, upon the passing of that resolution.
(3) At any time when the Provincial Assembly
stands dissolved, the Governor may, if he is satisfied that circumstances
exist which render such action necessary, make and promulgate an
Ordinance authorizing expenditure from the Provincial Consolidated
Fund, whether the expenditure is charged by the Constitution upon
that Fund or not, pending compliance with the provisions of Articles
96, 98 and 99.
(4) As soon as may be after the date
of the reconstitution of the Provincial Assembly, any Ordinance
promulgated under clause
(3) shall be laid before the Assembly;
and the provisions of Articles 96, 98 and 99 shall be complied within
six weeks from that date.
(1) In this Article the expression
"excluded area" means an area which was an excluded are
immediately before the Constitution Day.
(2) The executive authority of a Province
shall extend to any excluded area therein but, notwithstanding anything
in the Constitution, no Act of a Provincial Legislature shall apply
to an excluded area unless the Governor by public notification so
directs, and in giving such a direction with respect to any Act
he may direct that the Act shall in its application to the area,
or any specified part thereof, have effect subject to such exceptions
or modifications as may be specified in the direction.
(3) The Governor may make regulations
for the peace and good government of any excluded area in the Province,
and any such regulations may repeal or amend any Act of Parliament,
or of the Provincial Legislature, or any other law in force in the
Provided that no regulation repealing
or amending an Act of Parliament shall take effect until it has
been approved by the President.
(4) The President may by Order
direct that the whole or any specified part of an excluded area
shall cease to be an excluded area, and any such Order may contain
such incidental and consequential provisions as appear to the President
to be necessary and proper.
(1) The executive authority of
the Province of West Pakistan shall extend to the Special Areas,
but notwithstanding anything in the Constitution, no Act of Parliament
or of the Provincial Legislature shall apply to a Special Area or
to any part thereof unless the Governor, with the previous approval
of the President, so directs, and in giving such a direction with
respect to any Act the Governor may direct that the Act shall, in
its application to a Special Area, or to any specified part thereof,
have effect subject to such exceptions and modifications as may
be specified in the direction.
(2) The Governor may with the previous
approval of the President, make regulations for the peace and good
government of a Special Area, or any part thereof, and any regulation
so made repeal or amend any Act of Parliament, or of the Provincial
Legislature, or any other law in force in the Area.
(3) The President may, from time to time,
give such directions to the Governor relating to the whole or any
part of a Special Area as he may deem necessary, and the Governor
shall, in the exercise of his functions under this Article, comply
with such directions.
(4) The President may, at any time, by
Order, direct that the whole or any part of a Special Area shall
cease to be a Special Area, and any such Order may contain such
incidental and consequential provisions as appear to the President
to be necessary and proper:
Provided that before making any Order
under this clause, the President shall ascertain, in such manner
as he considers appropriate, the views of the people of the area
Source: Documents and Speeches on the Constitution
By G. W. Choudhury (1967). Green Book House, Dacca (East Pakistan)
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