Article 89 of the Constitution of Pakistan

(2) If any question arises whether a member of the Majlis -e- Shoora (Parliament) has become disqualified fr om being a member, the Speaker or, as the case may be, the Chairman shall, unless he decides that no such question has arisen, refer the question to the Election Commission within thirty days and if he fails to do so within the aforesaid period it shall be deemed to have been referred to the Election Commission. (3) The Election Commission shall decide the question within ninety days from its receipt or deemed to have been received and if it is of the opinion that the member has become disqualified, he sha ll cease to be a member and his seat shall become vacant.] 63A. Disqualification on grounds of defection, etc. 1[63A. (1) If a member of a Parliamentary Party composed of a single political party in a House — (a) resigns from membership of his political part y or joins another Parliamentary party; or (b) votes or abstains from voting in the House contrary to any direction issued by the Parliamentary Party to which he belongs, in relation to — (i) election of the Prime Minister or the Chief Minister; or (ii) a vote of con fidence or a vote of no -confidence; or (iii) a Money Bill or a Constitution (Amendment) Bill ; 1 Subs. by the Constitution (Eighteenth A mdt.) Act, 2010 (10 of 2010), s.22, for “Article 63A”. CONSTITU TION OF PAKISTAN 38 he may be declared in writing by the Party Head to have defected from the political party, and the Party Head may forward a copy of the declaration to the Presiding O fficer and the Chief Election Commissioner and shall similarly forward a copy thereof to the member concerned : Provided that before making the declaration, the Party Head shall provide such member with an opportunity to show cause as to why such declarat ion may not be made against him. Explanation. — “Party Head” means any person, by whatever name called, declared as such by the Party. (2) A member of a House shall be deemed to be a member of a Parliamentary Party if he, having been elected as a candida te or nominee of a political party which constitutes the Parliamentary Party in the House or, having been elected otherwise than as a candidate or nominee of a political party, has become a member of such Parliamentary Party after such election by means of a declaration in writing. (3) Upon receipt of the declaration under clause (1), the Presiding Officer of the House shall within two days refer , and in case he fails to do so it shall be deemed that he has referred, the declaration to the Chief Election C ommissioner who shall lay the declaration before the Election Commission for its decision thereon confirming the declaration or otherwise within thirty days of its receipt by the Chief Election Commissioner. (4) Where the Election Commission confirms the declaration, the member referred to in clause (1) shall cease to be a member of the House and his seat shall become vacant. (5) Any party aggrieved by the decision of the Election Commission may, within thirty days, prefer an appeal to the Supreme Court w hich shall decide the matter within ninety days from the date of the filing of the appeal. (6) Nothing contained in this Article shall apply to the Chairman or Speaker of a House. (7) For the purpose of this Article, — (a) "House" means the National Assembly or the Senate, in relation to the Federation; and a Provincial Assembly in relation to the Province, as the case may be; CONSTITU TION OF PAKISTAN 39 (b) "Presiding Officer" means the Speaker of the National Assembly, the Chairman of the Senate or the Speaker of the Provincia l Assembly, as the case may be. (8) Article 63A substituted as aforesaid shall comes into effect from the next general elections to be held after the commencement of the Constitution (Eighteenth Amendment) Act, 2010: Provided that till Article 63A substituted as a foresaid comes into effect the provisions of existing Article 63A shall remain operative] . 1* 64. Vacation of seats 64. (1) A member of 2[Majlis -e-Shoora (Parliament)] may, by writing under his hand addressed to the Speaker or, as the case may be, the C hairman resign his seat, and thereupon his seat shall become vacant. (2) A House may declare the seat of a member vacant if, without leave of the House, he remains absent for forty consecutive days of its sittings. 65. Oath of Members 65. A person elect ed to a House shall not sit or vote until he has made before the House oath in the form set out in the Third Schedule. 66. Privileges of members, etc. 66. (1) Subject to the Constitution and to the rules of procedure of 2[Majlis -e-Shoora (Parliament)], there shall be freedom of speech in 2[Majlis -e-Shoora (Parliament)] and no member shall be liable to any proceedings in any court in respect of anything said or any vote given by him in 2[Majlis -e-Shoora (Parliament)], and no person shall be so liable in respect of the publication by or under the authority of 2[Majlis -e-Shoora (Parliament)] of any report, paper, votes or proceedings. (2) In other respects, the powers, immunities and privileges of 2[Majlis -e-Shoora (Parliament)], and the immunities and priv ileges of the members of 2[Majlis -e-Shoora (Parliament)], shall be such as may from time to time be defined by law and, until so defined, shall be such as were, 1 For existing Article 63A see Addendum at p. 220. 2 See footnote 6 on page 3, supra. CONSTITU TION OF PAKISTAN 40 immediately before the commencing day, enjoyed by the National Assembly of Pakistan and the com mittees thereof and its members. (3) Provision may be made by law for the punishment, by a House, of persons who refuse to give evidence or produce documents before a committee of the House when duly required by the chairman of the committee so to do : Provided that any such law — (a) may empower a court to punish a person who refuses to give evidence or produce documents; and (b) shall have effect subject to such Order for safeguarding confidential matters from disclosure as may be made by the President. (4) The provisions of this Article shall apply to persons who have the right to speak in, and otherwise to take part in the proceedings of, 1[Majlis -e-Shoora (Parliament)] as they apply to members. (5) In this Article. 1[Majlis -e-Shoora (Parliament)] means either House or a joint sitting, or a committee thereof. Procedure Generally 67. Rules of procedure, etc. 67. (1) Subject to the Constitution, a House may make 2rules for regulating its procedure and the conduct of its business, and shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the House shall not be invalid on the ground that some persons who were not entitled to do so sat, voted or otherwise took part in the proceedings. (2) Until rules are made und er clause (1), the procedure and conduct of business in a House shall be regulated by the rules of procedure made by the President. 1 See footnote 6 on page 3, supra. 2 For the rules of Procedure and Conduct of business in the Senate. see Gaz. of Pak. 1973. Ext., Pt. II. pp. 1543 -1620. For the Rules of Procedure and Conduct of Business in the National Assembly. 1973. see Gaz. of Pak., 1973, Ext., Pt. II, pp. 1897 -1957. CONSTITU TION OF PAKISTAN 41 68. Restriction on discussion in Majlis -e-Shoora (Parliament) 68. No discussion shall take place in 1[Majlis -e-Shoora (P arliament)] with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties. 69. Courts not to inquire into proceedings of Majlis -e-Shoora (Parliament) 69. (1) The validity of any proceedings in 1[Majlis -e-Shoora (Parliament)] shall not be called in question on the ground of any irregularity of procedure. (2) No officer or member of 1[Majlis -e-Shoora Parliament)] in whom powers are vested by or under the Constitution for regulating procedure or the conduct of business, or for maintaining order in 1[Majlis - e-Shoora (Parliament) ], shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers. (3) In this Article, 1[Majlis -e-Shoora (Parliament)] has the same meaning as in Article 66. Legislative Procedure 70. Introduction and passing of Bills 2[70. (1) A Bill with respect to any matter in the Federal Legislative List may originate in either House and shall, if it is passed by the House in which it originated, be transmit ted to the other House; and, if the Bill is passed without amendment by the other House also, it shall be presented to the President for assent. (2) If a Bill transmitted to a House under clause (1) is passed with amendment s it shall be sent back to the H ouse in which it originated and if that House passes the Bill with those amendments it shall be presented to the President for assent. (3) If a Bill transmitted to a House under clause (1) is rejected or is not passed within ninety days of its laying in t he House or a Bill sent to a House under clause (2) with amendments is not passed by that House with such amendments, the Bill, at the request of the House in which it originated, shall be considered in a joint sitting and if passed by the votes of the maj ority of the members present and voting in the joint sitting it shall be presented to the President for assent. 1 See footnote 6 on page 3, supra. 2 Subs. by the Constitution (Eighteent h Amdt.) Act, 2010 (10 of 2010), s. 23, for “Article 70”. CONSTITU TION OF PAKISTAN 42 (4) In this Article and the succeeding provisions of the Constitution, "Federal Legislative List" means the Federal Legislative List in the Fourth Schedule. ] 71. Mediation Committee 71. [Mediation Committee] omitted by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 24 as amended by various enactments. 72. Procedure at joint sitting s 72. (1) The President, after consultation wit h the Speaker of the National Assembly and the Chairman, may make 1rules as to the procedure with respect to the joint sittings of, and communications between, the two Houses. (2) At a joint sitting, the Speaker of the National Assembly or, in his absence , such person as may be determined by the rules made under clause (1), shall preside. (3) The rules made under clause (1) shall be laid before a joint sitting and may be added to, varied, amended or replaced at a joint sitting. (4) Subject to the Constit ution, all decisions at a joint sitting shall be taken by the votes of the majority of the members present and voting. 73. Procedure with respect to Money Bills 73. 2[(1) Notwithstanding anything contained in Article 70, a Money Bill shall originate in t he National Assembly: Provided that simultaneously when a Money Bill, including the Finance Bill containing the Annual Budget Statement, is presented in the National Assembly, a copy thereof shall be transmitted to the Senate which may, within fourteen days, make recommendations thereon to the National Assembly. ] 3[(1A) The National Assembly shall, consider the recommendations of the Senate and after the Bill has been passed by the Assembly with or without incorporating the recommenda tions of the Senate, it shall he presented to the President for assent.] 4* * * * * * * * 1 For the Parliament (Joint Sitting), Rules 1973, see Gaz. of Pak. 1973, Ext. Pt. 11, pp. 1657 -1672. 2 Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 25, for “clause (1)”. 3 New clause (1) ins., ibid. 4 Existing clause (1A) stands omitted as consequence of the (Eighteenth Amdt.) Act, 2010 (10 of 2010), see section 2. CONSTITU TION OF PAKISTAN 43 (2) For the purposes of this Chapter, 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 Federal Government, or the amendment of the law relating to the financial obligations of that Government; (c) the custody of the Federal Consolidated Fund, the payment of moneys into, or the issue of moneys from, that Fund; (d) the imposition of a charge upon the Federal Consolidated Fund, or the abolition or alteration of any such charge; (e) the receipt of moneys on account of the P ublic Account of the Federation, the custody or issue of such moneys; (f) the audit of the accounts of the Federal Government or a Provincial Government; and (g) 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 National Assembly thereon shall be final. (5) Every Money Bill presented to the President for assent shall bear a certificate under the hand of the Speaker of the National Assembly that it is a Money Bill, and such certificate shall be conclusive for all purposes and shall not be called in question. CONSTITU TION OF PAKISTAN 44 74. Federal Government’s consent required for financial measures 74. A Money Bill, or a Bill or amendment which if enacted and brought into operation would involve expenditure from the Federal Consolidated Fund or withdrawal from the Public Account of t he Federation or affect the coinage or currency of Pakistan or the constitution or functions of the State Bank of Pakistan shall not be introduced or moved in 1[Majlis -e-Shoora (Parliament)] except by or with the consent of the Federal Government. 75. President’s assent to Bills 2[75. (1) When a Bill is presented to the President for assent, the President shall, within 3[ten] days, — (a) assent to the Bill; or (b) in the case of a Bill other than a Money Bill, return the Bill to the Majlis -e-Shoora (Parliament) with a message requesting that the Bill or any specified provision thereof, be reconsidered and that any amendment specified in the message be considered. 4[(2) When the President has returned a Bill to the Majlis -e- Shoora (Parliament), it shall be recon sidered by the Majlis -e-Shoora (Parliament) in joint sitting and, if it is again passed, with or without amendment, by the Majlis -e-Shoora (Parliament), by the votes of the majority of the members of both Houses present and voting, it shall be deemed for t he purposes of the Constitution to have been passed by both Houses and shall be presented to the President , and the President shall give his assent within ten days, failing which such assent shall be deemed to have been given.] (3) When the President has assented 5[or is deemed to have assented] to a Bill, it shall become law and be called an Act of Majlis -e- Shoora (Parliament). (4) No Act of Majlis -e-Shoora (Parliament), and no provision in any such Act, shall be invalid by reason only that some recommen dation, previous sanction or consent required by the Constitution was not given if that Act was assented to in accordance with the Constitution.] 1 See footnote 6 on page 3. supra . 2 Subs. by P. O. No. 14 of 1985, Art. 2 and Sch., for "Article 75". 3 Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 26, for "thirty". 4 Subs. ibid., for clause (2). 5 Ins. ibid. CONSTITU TION OF PAKISTAN 45 76. Bill not to lapse on prorogation, etc. 76. (1) A Bill pending in either House shall not lapse by reason of the prorogation of the House. (2) A Bill pending in the Senate which has not been passed by the National Assembly shall not lapse on the dissolution of the National Assembly. (3) A Bill pending in the National Assembly, or a Bill which having been pas sed by the National Assembly is pending in the Senate, shall lapse on the dissolution of the National Assembly. 77. Tax to be levied by law only 77. No tax shall be levied for the purposes of the Federation except by or under the authority of Act of 1[Majlis-e-Shoora (Parliament)]. Financial Procedure 78. Federal Consolidated Fund and Public Account 78. (1) All revenues received by the Federal 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 Federal Consolidated Fund. (2) All other moneys — (a) received by or on behalf of the Federal Government; or (b) received by or deposited with the Supreme Court or any other court established under the author ity of the Federation; shall be credited to the Public Account of the Federation. 79. Custody, etc., of Federal Consolidated Fund and Public Account 79. The custody of the Federal Consolidated Fund, the payment of moneys into that Fund, the withdrawal o f moneys therefrom, the custody of other moneys received by or on behalf of the Federal Government, their payment into, and withdrawal from, the Public Account of the Federation, 1 See footnote 6 on page 3. supra . CONSTITU TION OF PAKISTAN 46 and all matters connected with or ancillary to the matters aforesaid shall be regulated by Act of 1[Majlis -e-Shoora (Parliament)] or, until provision in that behalf is so made, by rules made by the President. 80. Annual Budget Statement 80. (1) The Federal Government shall, in respect of every financial year, cause to be laid bef ore the National Assembly a statement of the estimated receipt and expenditure of the Federal Government for that year, in this Part, 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 Federal Consolidated Fund; and (b) the sums required to meet other expenditure proposed to be made from the Federal Consolidated Fund; and shall distinguish expenditure on revenue account from other expenditure. 81. Expenditure charged upon Federal Consolidated Fund 81. The following expenditure shall be expenditure charged upon the Federal Consolidated Fund: — (a) the remuneration payable to the President and other expe nditure relating to his office, and the remuneration payable to - (i) the Judges of the Supreme Court 2[and the Islamabad High Court] ; (ii) the Chief Election Commissioner; (iii) the Chairman and the Deputy Chairman; (iv) the Speaker and the Deputy Speaker of the National Assembly; (v) the Auditor -General; 1 See footnote 6 on page 3, supra . 2 Added by the Constitution (Nineteenth Amen dment) Act, 2011 (1 of 2011) s. 2. CONSTITU TION OF PAKISTAN 47 1[(b) the administrative expenses, including the remunera tion payable to officers and 2[staff] , of the Supreme Court, the Islamabad High Court, the department of the Auditor - General , the Office of the Chief Election Commi ssioner and of the Election Commission and the Secretariats of the Senate and the National Assembly; ] (c) all debt charges for which the Federal 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 Federal Consolidated Fund; (d) any sums required to satisfy any judg ement, decree or award against Pakistan by any court or tribunal; and (e) any other sums declared by the Constitution or by Act of 3[Majlis -e-Shoora (Parliament)] to be so charged. 82. Procedure relating to Annual Budget Statement 82. (1) So much of the Annual Budget Statement as relates to expenditure charged upon t he Federal Consolidated Fund may be discussed in, but shall not be submitted to the vote of, the National Assembly. (2) So much of the Annual Budget Statement as relates to other expenditure shall be submitted to the National Assembly in the form of deman ds for grants, and the 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 th e holding of the second general election to the National Assembly, whichever occurs later, a demand shall be deemed to have been assented to without any reduction of the amount specified therein, unless, by the votes of a majority of the total membership o f 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 Federal Government. 1 Substituted by the Constitution (Nineteenth Amendment) Act, 2011 (1 of 2011) , s. 2. 2 Substituted by the Constitution (Twenty -second Amendment) Act, 2016 (XXV of 2016) , s 2. 3 See footnote 6 on page 3, supra . CONSTITU TION OF PAKISTAN 48 83. Authentication of schedule of authorized expenditure 83. (1) The Prime Minister shall authenticate by his signature a schedule specifying — (a) the grants made or deemed to have been made by the National Assembly under Article 82, and (b) the several sums required to meet the expendi ture charged upon the Federal C onsolidated Fund but not exceeding, in the case of any sum, the sum shown in the statement previously laid before the National Assembly. (2) The schedule so authenticated shall be laid before the National Assembly, but shall not be open to discussion or v ote thereon. (3) Subject to the Constitution, no expenditure from the Federal 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 National Assembly as require d by clause (2). 84. Supplementary and excess grants 84. 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 ex penditure 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 Federal Government shal l have power to authorize expendi ture from the Federal Consolidated Fund, whether the expendi ture is charged by the Constitution upon that Fund or not, and shall cause to be laid before the National Assembly Supple mentary Budget Statement or, as the cas e may be, an Excess Budget Statement, setting out the amount of that expenditure, and the provisions of Articles 80 to 83 shall apply to those statements as they apply to the Annual Budget Statement. 85. Votes on account 85. Notwithstanding anything cont ained in the foregoing provisions relating to financial matters, the National Assembly shall have power to CONSTITU TION OF PAKISTAN 49 make any grant in advance in respect of the estimated expenditure for a part of any financial year, not exceeding four months, pending completion of the procedure prescribed in Article 82 for the voting of such grant and the authentication of the schedule of authorized expenditure in accordance with the provisions of Article 83 in relation to the expenditure. 86. Power to authorize expenditure when As sembly stands dissolved 86. Notwithstanding anything contained in the foregoing provisions relating to financial matters, at any time when the National Assembly stands dissolved, the Federal Government may authorize expenditure from the Federal Consolidat ed Fund in respect of the estimated expenditu re for a period not exceeding four months in any financial year, pending completion of the procedure prescribed in Article 82 for the voting of grants and the authentication of the schedule of authorized expendi ture in accordance with the provisions of Article 83 in relation to the expenditure. 87. Secretariats of Majlis -e-Shoora (Parliament) 87. (1) Each House shall have a separate Secretariat: Provided that nothing in this clause shall be construed as preven ting the creation of posts common to both Houses. (2) 1[Majlis -e-Shoora (Parliament)] may by law regulate the recruitment and the conditions of service of persons appoin ted to the secretarial staff of either House. (3) Until provision is made by 1[Majli s-e-Shoora (Parliament)] under clause (2), the Speaker or, as the case may be, the Chairman may, with the approval of the President, make rules2 regulating the recruitment, and the conditions of service, of persons appointed to the secretarial staff of the National Assembly or the Senate. 88. Finance Committees 88. (1) The expenditure of the National Assembly and the Senate within authorised appropriations shall be controlled by the National Assembly or, as the case may be, the Senate acting on the advice of its Finance Committee. 1 See footnote 6 on page 3 , supra . 2 For the National Assembly Secretariat (Recruitment) Rules, 1973, see Gaz. of Pak.. 1973, Ext., Part -II. pp. 2279 -2286. For the Senate Secretariat (Recruitment) Rules. 1973, see ibid.. pp. 2301 -2307. CONSTITU TION OF PAKISTAN 50 (2) The Finance Committee shall consist of the Speaker or, as the case may be, the Chairman, the Minister of Finance and such other members as may be elected thereto by the National Assembly or, as the case may be, the Senate. (3) The Finance Committee may make rules1 for regulat ing its procedure. Ordinances 89. Power of President to promulgate Ordinances 89. (1) The President may, except when the 2[Senate or] National Assembly is in session, if satisfied that circumstances e xist 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 3[Majlis -e-Shoora (Parliament)] a nd shall be subject to like restrictions as the power of 3[Majlis -e-Shoora (Parliament)] to make law, but every such Ordinance — (a) shall be laid — (i) before the National Assembly if it 4[contains provisions dealing with all or any of the matters specified i n clause (2) of Article 73], and shall stand repealed at the expiration of 5[one hundred and twenty days] from its promul gation or, if before the expiration of that period a resolution disapproving it is passed by the Assembly, upon the passing of that resolution 6[:] 7[Provided that the National 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 pe riod a resolution disapproving it is passed by the Assembly, upon the passing of that resolution: 1 For the National Asse mbly (Finance Committee) Rules, 1973, see Gaz. of Pak., 1973. Ext., Part II, pp. 2451 - 2454. For the Senate (Finance Committee) Rules, 1973, see ibid., pp. 2479 -2482. 2 Ins. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 27. 3 See footnote 6 on page 3 , supra . 4 Subs. by the Constitution (Second Amdt.) Order, 1985 (P. O. No. 20 of 1985), Art. 2, for certain words. 5 Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 27, for “four months”. 6 Subs. ibid, for the se mi-colon. 7 New Provisos ins. ibid. CONSTITU TION OF PAKISTAN 51 Provided further that extension for further period may be made only once.] (ii) before both Houses if it 1[does not contain provisions dealing with any of the matters referred to in sub -paragraph (i)], and shall stand repealed at the expiration of 2[one hundred and twenty days] from its promulgation or, if before the expiration of that period a resolution disapproving it is passed by either House, upon the p assing of that resolution 3[:] 4[Provided that either House may by a resolution extend it 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 perio d a resolution disapproving it is passed by a House, upon the passing of that resolution: Provided further that extension for a further period may be made only once; and] (b) may be withdrawn at any time by the President. 5[(3) without prejudice to the pr ovisions of clause (2), — (a) an Ordinance laid before the National Assembly under sub - paragraph (i) of paragraph (a) of clause (2) shall be deemed to be a Bill introduced in the National Assembly; and (b) an Ordinance laid before both Houses under sub -paragraph (ii) of paragraph (a) of clause (2) shall be deemed to be a Bill introduced in the House where it was first laid.] CHAPTER 3. – THE FEDERAL GOVERNMENT 90. Exercise of executive authority of the Federation 6[7[90. —(1) Subject to the Constitutio n, the executive authority of the Federation shall be exercised in the name of the President by the Federal 1 Subs. by P.O. 20 of 1985 Art. 3 for certain words. 2 Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 27, for “four months”. 3 Subs. by Act 10 of 2010, s. 27, for “;and”. 4 New Provisos ins. ibid. 5 Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 27, for “clause (93)”. 6 Subs. by P. O. No. 14 of 1985, Art. 2 and Sch., for Articles "90, 91, 92, 93, 94, 95 and 96." 7 Subs. ibid., s. 29, for “Article 91”. CONSTITU TION OF PAKISTAN 52 Government, consisting of the Prime Minister and the Federal Ministers, which shall act through the Prime Minister, who shall be the chief executive of the Federation. (2) In the performance of his functions under the Constitution, the Prime Minister may act either directly or through the Federal Minister.] 91. The Cabinet 1[91. (1) There shall be a Cabinet of Ministers, with the Prime Minister at its head, to aid and advise the President in the exercise of his functions. (2) The National Assembly shall meet on the twenty -first day following the day on which a general election to the Assembly is held, unless sooner summoned by the President. (3) After the election of the Speaker and the Deputy Speaker, the National Assembly shall, to the exclusion of any other business, proceed to elect without debate one of its Muslim members to be the Prime Minister. (4) The Prime Minister shall be elected by t he votes of the majority of the total membership of the National Assembly: Provided that, if no member secures such majority in the first poll, a second poll shall be held between the members who secure the two highest numbers of votes in the first poll a nd the member who secures a majority of votes of the member s present and voting shall be declared to have been elected as Prime Minister: Provided further that, if the number of votes secured by two or more members securing the highest number of votes is equal, further poll shall be held between them until one of them secures a majority of votes of the members present and voting. (5) The member elected under clause (4) shall be called upon by the President to assume the office of Prime Minister and he sha ll, before entering upon the office, make before the President oath in the form set out in the Third Schedule: Provided that there shall be no restriction on the number of terms for the office of the Prime Minister. 1 Subs. ibid., s. 29, for “Article 91”. CONSTITU TION OF PAKISTAN 53 (6) The Cabinet, together with the Min isters of State, shall be collectively responsible to the Senate and the National Assembly. (7) The Prime Minister shall hold office during the pleasure of the President, but the President shall not exercise his powers under this clause unless he is satis fied that the Prime Minister does not command the confidence of the majority of the members of the National Assembly, in which case he shall summon the National Assembly and require the Prime Minister to obtain a vote of confidence from the Assembly. (8) The Prime Minister may, by writing under his hand addressed to the President, resign his office. (9) A Minister who for any period of six consecutive months is not a member of the National Assembly shall, at the expiration of that period, cease to be a Mi nister and shall not before the dissolution of that Assembly be again appointed a Minister unless he is elected a member of that Assembly : Provided that nothing contained in this clause shall apply to a Minister who is member of the Senate. (10) Nothing contained in this Article shall be construed as disqualifying the Prime Minister or any other Minister or a Minister of State for continuing in office during any period during which the National Assembly stands dissolved, or as preventing the appointment of any person as Prime Minister or other Minister or a Minister of State during any such period. ] 92. Federal Ministers and Ministers of State 92. (1) Subject to clauses 1[(9) and ( 10) of Article 91, the President shall appoint Federal Ministers and Mini sters of State from amongst the members of Majlis -e-Shoora (Parliament) on the advice of the Prime Minister : Provided that the number of Federal Ministers and Ministers of State who are members of the Senate shall not at any time exceed one - fourth of the number of Federal Ministers 2[:] 3[Provided further that the total strength of the Cabinet, including Ministers of State, shall not exceed eleven percent of the total membership of Majlis -e-Shoora (Parliament): 1 Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 30, for “(7) and (8)”. 2 Subs. ibid., for the full -stop. 3 Provisos ins. ibid. CONSTITU TION OF PAKISTAN 54 Provided also that the aforesaid amendmen t shall be effective from the next general election held after the commencement of the Constitution Eighteenth Amendment) Act, 2010.] (2) Before entering upon office, a Federal Minister or Minister of State shall make before the President oath in the form set out in the Third Schedule. (3) A Federal Minister or Minister of State may, by writing under his hand addressed to the President, resign his office or may be removed from office by the President on the advice of the Prime Minister. 93. Advisers 93. (1) The President may, on the advice of the Prime Minister, appoint not more than five Advisers, on such terms and conditions as he may determine. (2) The provisions of Article 57 shall also apply to an Adviser. 94. Prime Minister continuing in office 94. The President may ask the Prime Minister to continue to hold office until his successor enters upon the office of Prime Minister. 95. Vote of no -confidence against Prime Minister 95. (1) A resolution for a vote of no -confidence moved by not less than twenty per centum of the total membership of the National Assembly may be passed against the Prime Minister by the National Assembly. (2) A resolution referred to in clause (1) shall not be voted upon before the expiration of three days, or later than se ven days, from the day on which such resolution is moved in the National Assembly. (3) A resolution refer red to in clause (1) shall not be moved in the National Assembly while the National Assembly is considering demands for grants submitted to it in the Annual Budget Statement. (4) If the resolution referred to in clause (1) is passed by a majority of the total membership of the National Assembly, the Prime Minister shall cease to hold office.] 96. [Omitted ] CONSTITU TION OF PAKISTAN 55 96. [Vote of no confidence against Prime Min ister.] Omitted by substitution through renumbering vide P. O. No. 14 of 1985, Art. 2 and Sch. 97. Extent of executive authority of Federation 97. Subject to the Constitution, the executive authority of the federation shall extend to the matters with res pect to which 1[Majlis -e- Shoora (Parliament)] has power to make laws, including exercise of rights, authority and jurisdiction in and in relation to areas outside Pakistan : Provided that the said authority shall not, save as expressly provided in the Con stitution or in any law made by 1[Majlis -e-Shoora (Parliament)], extend in any Province to a matter with respect to which the Provincial Assembly has also power to make laws. 98. Conferring of functions on subordinate authorities 98. On the recommendatio n of the Federal Government, 1[Majlis -e- Shoora (Parliament)] may by law confer functions upon officers or authorities subordinate to the Federal Government. 99. Conduct of business of Federal Government 2[99. (1) All executive actions of the Federal Gov ernment shall be expressed to be taken in the name of the President. (2) The 3[Federal Government] shall by rules specify the manner in which orders and other instruments made and executed 4[in his name of the President] shall be authenticated, and the va lidity of any order or instrument so authenticated shall not be questioned in any court on the ground that it was not made or executed by the President. 5[(3) The Federal Government shall also make rules for the allocation and transaction of its business. ]] 100. Attorney -General for Pakistan 100. (1) The President shall appoint a person, being a person qualified to be appointed a Judge of the Supreme Court, to be the Attorney -General for Pakistan. 1 See footnote 6 on page 3, supra . 2 Subs. by P. O. No. 14 of 1985, Art. 2 and Sch., for "Art. 99." 3 Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010) s. 31, for “President”. 4 Subs. ibid., for “in his name” 5 Subs. ibid., s. 31, for “clause (3)”. CONSTITU TION OF PAKISTAN 56 (2) The Attorney -General shall hold office during the pl easure of the President 1[and shall not engage in private practice so long as he holds the office of the Attorney -General]. (3) It shall be the duty of the Attorney -General to give advice to the Federal Government upon such legal matters, and to perform s uch other duties of a legal character, as may be referred or assigned to him by the Federal Government, and in the performance of his duties he shall have the right of audience in all courts and tribunals in Pakistan. (4) The Attorney -General may, by writ ing under his hand addressed to the President, resign his office. ___________ 1 Added ibid., s. 32. CONSTITU TION OF PAKISTAN 57 PART IV Provinces CHAPTER 1. – THE GOVERNORS 101. Appointment of Governor 101. 1[(1) There shall be a Governor for each Province, who shall be appointed by the President on the advise 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 2[and is a registered voter and resident of the Pr ovince concerned.] 3[:] 4* * * * * * * * * 4* * * * * * * * * (3) The Governor shall hold office during the pleasure of the President 5[and shall be entitled to such salary, allowances and privileges as the President may determine]. (4) The Gove rnor may, by writing under his hand addressed to the President, resign his office. 6[(5) The President may make such provision as he thinks fit for the discharge of the functions of a Governor 7[in any contingency not provided for in this Part.] 102. Oath of Office 102. 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. 1 Subs. by the Constitution (E ighteenth Amdt.) Act, 2010 (10 of 2010), s. 33, for “clause (1)”. 2 Added ibid. 3 Subs. by the Constitution (Fifth Amdt.) Act. 1976 (62 of 1976), s. 2, for the full -stop ( w.e.f. the 13th September, 1976). 4 Proviso and clause (2A) omitted by the Constit ution (Eighth Amdt.) Act, 1985 (18 of 1985), s. 11 which was previously amended by Act 62 of 1976, s.2. 5 Added by the Constitution (First Amdt.) Act, 1974 (33 of 1974), s. 6, (w.e.f. the 4th May, 1974). 6 Added by P. O. No. 14 of 1985, Art. 2 and Sch., 7 Added by Act 18 of 1985, s. 11. CONSTITU TION OF PAKISTAN 58 103. Conditions of Governor’s office 103. (1) The Governor shall not hold any office of pr ofit 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 1[Majlis -e-Shoora (Parliament)] or a Provincial Assembly a nd, if a member of 1[Majlis -e-Shoora (Parliament)] or a Provincial Assembly is appointed as Governor, his seat in 1[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. Speake r Provincial Assembly to act as, or perform functions of Governor in his absence 2[104. When the Governor , by reason of absence from Pakistan or for any other cause, is unable to perform his functions, the Speaker of the Provincial Assembly and in his absence any other person as the President may nominate shall perform the functions of Governor until the Governor returns to Pakistan or, as the case may be, resumes his functions.] 105. Governor to act on advice, etc. 3[105. (1) Subject to Constit ution, in the performance of his functions, the Governor shall act 4[on and] in accordance with the advice of the Cabinet 3[or the Chief Minister ] : 5[Provided that 4[within fifteen days] the Governor may require the Cabinet or, as the case may be, the Ch ief Minister to reconsider such advice, whether generally or otherwise, and the Governor shall 4[, within ten days,] act in accordance with the advice tendered after such reconsideration.] 6* * * * * * * * * (2) The question whether any, and if so what, advice was tendered to the Governor by the Chief Minister 7[or the Cabinet] shall not be inquired into in, or by, any court, tribunal or other authority. 1 See footnote 6 on page 3 , supra . 2 Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 34, for “Article 104”. 3 Subs. by P. O. No. 14 of 1985, Art. 2 and Sch., for "Article 105". 4 Ins. by Act No . 10 of 2010, s. 35. 5 Subs. by the Constitution (Eighth Amdt.) Act. 1985 (18 of 1985), s. 12, for “proviso,” 6 Proviso omitted ibid. 7 Subs. ibid., for "the Cabinet or a Minister". CONSTITU TION OF PAKISTAN 59 1[(3) Where the Governor dissolves the Provincial Assembly, notwithstanding anything contained in cla use (1), he shall ,— (a) appoint a date, not later than ninety days fr om the date of dissolution, for the holding of a general election to the Assembly; and (b) appoint a care -taker Cabinet.] 2* * * * * * * * * (5) The provisions of clause 3[(2) of Arti cle 48 shall have effect in relation to a Governor as if reference therein to "President" were reference to "Governor".] CHAPTER 2. – PROVINCIAL ASSEMBLIES 106. Constitution of Provincial Assemblies 4[106. (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 Khyber Pakhtunkhwa 99 22 3 124 The Punjab 297 66 8 371 Sindh 130 29 9 168 (2) A person shall be ent itled 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 for any area in the Province; and (d) he is not declared by a competent court to be of unsound mind. 1 Subs. by Act No. 10 of 2010, s. 35, for “clause (3)”. 2 Clause (4) omitted, ibid. 3 Subs. by the Constitution (Eighth Amdt.) Act. 1985 (18 of 1985) s. 12 for "(3)". 4 Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 36, for “Article 106” and shall be deemed always to have been so, subs. with effec t from 21st day of August, 2002. CONSTITU TION OF PAKISTAN 60 (3) For the purpose of el ection 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 pro portional 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: 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. Duratio n of Provincial Assembly 107. 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 108. 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 Asse mbly shall elect another member as Speaker or, as the case may be, Deputy Speaker. 109. Summoning and prorogation of Provincial Assembly 109. 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. CONSTITU TION OF PAKISTAN 61 110. Right of Governor to address Provincial Assembly 110. The Governor may address the Provincial Assembly and may for that purpose require the attendance of the members. 111. Right to speak in Provincial Ass embly 111. 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 1[112. (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 the previous approval of 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 2[113. The qualifications and disqualifications for membership of the National Assembly set o ut 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".] 1 Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 37, for “Article 112”. 2 Subs. by P. O. No. 14 of 1985, Art. 2 and Sch., for "Art. 113". CONSTITU TION OF PAKISTAN 62 114. Restriction on discussion in Provincial Assembly 114. No discussion shall ta ke 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 115. (1) A Money Bill, or a Bill or am endment 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 cons ent of the Provincial Government. (2) For the purposes 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, alter ation 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, th e 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 o ther pecuniary penalty or for the demand or payment of a licence fee or a fee or charge for any service rendered; or CONSTITU TION OF PAKISTAN 63 (b) for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes. (4) If an y 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[116. (1) When a Bill has been passed by the Provincial Assembly, it shall be pre sented to the Governor for assent. (2) When a Bill is presented to the Governor for assent, the Governor shall, within 2[ten] 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. 3[(3) When the Governor has returned a Bill to the Provincial Assembly, it shall be reconsidered by the Pr ovincial 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 sha ll 4[give his assent within ten days, failing which such assent shall be deemed to have been given] . (4) When the Governor has assented 5[or his deemed to have assented] to a Bill, it shall become law and be called an Act of Provincial Assembly. 1 Subs. by P. O. No. 14 of 1985, Art. 2 and Sch., for "Ar t. 116" 2 Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 38, for “thirty”. 3 Subs. by the Constitution (Eighth Amdt.) Act, 1985 (18 of 1985), s. 15, for "clause (3)". 4 Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 38, for “not withhold his assent thereform”. 5 Ins. ibid. CONSTITU TION OF PAKISTAN 64 (5) No A ct 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. 117. (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. Financial Procedure 118. Provincial Consolidated Fund and Public Account 118. (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 consoli dated 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 119. The custody of the Provincial Consolidated Fund, the payment of moneys into that Fund, the withdrawal of moneys therefr om, 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 120. (1) The Provincial Government shall, in respect of every financial year, cause to be laid before the Provincial Assembly statement CONSTITU TION OF PAKISTAN 65 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 expendi ture 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 accou nt from other expenditure. 121. Expenditure charged upon Provincial Consolidated Fund 121. The following expenditure shall be expenditure charged upon the Provinc ial Consolidated Fund: - (a) the remuneration payable to the Governor and other expenditure rela ting 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 rai sing of loans, and the service and redemption of debt on the security of the Provincial Consolidated Fund; (d) any sums required to satisfy any judgement, decree or award against the Province by any court or tribunal; and (e) any other sums declared by the Const itution or by Act of the Provincial Assembly to be so charged. CONSTITU TION OF PAKISTAN 66 122. 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 p ower 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 there in: 1* * * * * * * * (3) No demand for a grant shall be made except on the recommendation of the Provincial Governmen t. 123. Authentication of schedule of authorized 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 severa l 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 124. If in respect of any financial year it is found — (a) that the amount authorized to be expended for a particular service for the curr ent financial year is insufficient, or that 1 Proviso omitted by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s.39. CONSTITU TION OF PAKISTAN 67 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 bef ore 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 Annu al Budget Statement. 125. 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 fo r 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 authorize expenditure when Assembly stands dissolved 126. 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 f or 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. 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,