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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 Provincial Assembly.
The Advocate-General shall 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.
14[(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 14[notice or 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 or who is continuing in office by virtue of clause (2) of Article 134 or a Provincial Minister performing the functions of Chief Minister under clause (1) or clause (3) of Article 135.
15[(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 Assembly 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
*[(b) * * * * * * *]]
14Article 112 remembered as clause (1) of this Article and in the explanation of clause (1) substituted by the Constitution (Eighth Amendment) Act, 1985 (Act Xo.XVIII of 1985). dated 11th Nov, 1985.
15New clause (2) to Article 112 added ibid.
*In Article 112, in clause (2), sub-clause (b), omitted by the Constitution (Thirteenth Amdt.) Act, 1997 (Act No.1 of 1997), Gaz of Pak. Extr., Pt. I, P. No.379, Islamabad, the 4th April, 1997
16[113. Qualifications and disqualifications for membership of Provincial Assembly.
The qualifications and disqualifications for membership of the National Assembly set out in Article 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 or 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.
16[116. Governor's assent to Bills.
(1) When a Bill has been passed by the Provincial Assembly, it shall be presented to the Governor's for assent.
16Substituted by P.O.No.14 of 1985 Art. 2 and Sch.
(2) When a Bill is presented to the Governor for assent, the Governor shall within 17[thirty] 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.
18[(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 not withhold assent therefrom.]
(4) When the Governor has assented to 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 in 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.
17In Article 116, in clause (2), substituted for word "forty-five" by the Constitution (Eighth Amendment) Act, No XVIII of 1985). dated 11th Nov., 1985.
18Clause (3) of Article 116 substituted, ibid.
FINANCIAL PROCEDURE
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 fired, 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.
