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PART IV
Provinces

Chapter 1.-THE GOVERNORS

101. Appointment of Governor
(1) There shall be a Governor for each Province, who shall be appointed by the President *on the advice of the prime Minister.

(2) A person shall not be appointed a Governor unless he is qualified to be elected as a member of the National Assembly and is not less than thirty-five years of age [:]

Clause (2) and Clause (2A)

(3) The Governor shall hold office during the pleasure of the President and shall be entitled to such salary., allowances and privileges as the President may determine.

(4) The Governor may by writing under his hand addressed to the President, resign his office.

(5) The President may make such provision as he thinks fit for the discharge of the functions of a Governor *in any contingency not provided for in this Part.

102. Oath of office
Before entering upon office, the Governor shall make before the Chief Justice of the High Court oath in the form set out in the Third Schedule.

103. Conditions of Governor’s office
(1) The Governor shall not hold any office of profit in the service of Pakistan or occupy any other position carrying the right to remuneration for the rendering of services.

(2) The Governor shall not be a candidate for election as a member of Majlis-e-Shoora (Parliament) or a Provincial Assembly and, if a member of Majlis-e-Shoora (Parliament) or a Provincial Assembly is appointed as Governor his seat in Majlis-e-Shoora (Parliament) or, as the case may be the Provincial Assembly shall become vacant on the day he enters upon his office.

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.

105. Governor to act on advice, etc
(1) Subject to the Constitution, in the performance of his functions, the Governor shall act in accordance with the advice of the Cabinet, **or the Chief Minister;

Provided that 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 act in accordance with the advice tendered after such reconsideration.

[* * * * * *]

(2) The question whether any, and if so what, advice was tendered to the Governor by the Chief Minister or the Cabinet shall not be inquired into in, or by, any court, tribunal or other authority.

(3) 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.

(4) The powers conferred by this Article on the President shall be exercised by him in his discretion.

(5) The provisions of clause (2) of Article 48 shall have effect in relation to a Governor as if reference therein to "President" were reference to "Governor".

(2) A person shall be entitled to vote if-
(a) he is a citizen of Pakistan;
(b) he is not less than twenty-one 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 un-sound mind [.]

* * * * * * *

(3) In addition to the seats in the Provincial Assemblies for the Provinces of Baluchistan, the Punjab, the North-West Frontier and Sindh specified in clause (1), there shall be in those Assemblies the number of seats hereinafter specified for non-Muslims.

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.

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

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.

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