Constitution of Pakistan
Expenditure charged upon Provincial Consolidated fund.
121. 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 Cabinet.
(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 Consolidated 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.
Procedure relating to Annual Budget Statement.
122. (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:
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.
(3) No demand for a grant shall be made except on the recommendation of the Provincial Government.
Authentication of schedule of authorised expenditure.
123. (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 authorised unless it is specified in the schedule so authenticated and such schedule is laid before the Provincial Assembly as required by clause (2).
Supplementary and excess grant.
124. If in respect of any financial year it is found—
(a) that the amount authorised 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 authorise 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 Articles 120 to 123 shall apply to those statements as they apply to the Annual Budget Statement.
Votes on account.
125. 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 of 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.
Power to authorise expenditure when Assembly stands dissolved.
126. Notwithstanding any thing contained in the foregoing provisions relating to financial matters, at any time when the Provincial Assembly stands dissolved, the Provincial Government may authorise 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 authorised expenditure in accordance with the provisions of Article 123 in relation to the expenditure.
Provisions relating to National Assembly, etc., to apply to Provincial Assembly, etc.
127. 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 Majlis-e-Shoora (Parliament), 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;
(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 day; and
(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 “seventy” were substituted.
Power of Governor to promulgate Ordinances.
128. (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 three months 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 resolution; and
(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.
Chapter 3- The Provincial Government
Exercise of executive authority of the Province.
129. The executive authority of the 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.
130. (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 Governor shall appoint from amongst the members of the Provincial Assembly a Chief Minister who, in his opinion, is likely to command the confidence of the majority of the members of the Provincial Assembly.
(2A) Notwithstanding anything contained in clause (2), after the twentieth day of March, one thousand nine hundred and eighty-eight, the Governor shall invite the member of the Provincial Assembly to be the Chief Minister who commands the confidence of the majority of the members of the Provincial Assembly, as ascertained in a session of the Assembly summoned for the purpose in accordance with the provisions of the Constitution:
Provided that nothing contained in this clause shall apply to a Chief Minister holding office on the twentieth day of March, one thousand nine hundred and eighty-eight, in accordance with the provisions of the Constitution.
(3) The person appointed under clause (2) (or, as the case may be, invited under clause (2A)) shall before entering upon the office, make before the Governor oath in the form set out in the Third Schedule and shall within a period of sixty days thereof obtain a vote of confidence from the Provincial Assembly.
(4) The Cabinet shall be collectively responsible to the Provincial Assembly.
(5) 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, in which case he shall summon the Provincial Assembly and require the Chief Minister to obtain a vote of confidence from the Assembly.
(6) The Chief Minister may, by writing under his hand addressed to the Governor, resign his office.
(7) 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 again appointed a Minister unless he is elected a member of that Assembly.
(8) Nothing contained in this Article shall be construed as disqualifying the Chief Minister or any other Minister for continuing in office during any period during which the Provincial Assembly stands dissolved, or as preventing the appointment of any person as Chief Minister or other Minister during any such period.