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2023 Revised Edition
Contents

Chapter XVIIA · 146[CHAPTER XVII a

154B. Governor

Unofficial copy, with amendments up to 31 Oct 2022. Later amendments are not included. Check the official text before you rely on it.

(1)

There shall be a Governor for each

Province for which a Provincial Council has been established in accordance with Article 154A.

(2)

The Governor shall be appointed by the

President by warrant under his hand and shall hold office, in accordance with Article 4(b), during the pleasure of the

President.

(3)

The Governor may, by writing addressed to the

President, resign his office.

146 - Chapter XVII A inserted by the Thirteenth Amendment to the Constitution

Sec. 4.

(4)

(a)

The Provincial Council may, subject to sub-paragraph (b), present an address to the President advising the removal of the Governor on the ground that the Governor –

(i)

has intentionally violated the provisions of the Constitution;

(ii)

is guilty of misconduct or corruption involving the abuse of the powers of his office; or

(iii)

is guilty of bribery or an offence involving moral turpitude, if a resolution for the presentation of such address is passed by not less than two-thirds of the whole number of members of the Council (including those not present).

(b)

No resolution for the presentation of an address to the President advising the removal of the

Governor on the grounds referred to in sub-paragraph (a)

shall be entertained by the Chairman of the Provincial

Council or discussed at the Council, unless notice of such resolution is signed by not less than one-half of the whole number of members present.

(5)

Subject to the preceding provisions of this

Article, the Governor shall hold office for a period of five years from the date he assumes office.

(6)

Every person appointed as Governor shall assume office upon taking or subscribing, the oath or making or subscribing the affirmation, set out in the

Fourth Schedule, before the President.

(7)

Upon such assumption of office a Governor shall cease to hold any other office created or recognized by the

Constitution, and if he is a Member of Parliament, shall vacate his seat in Parliament. The Governor shall not hold any other office or place of profit.

(8)

(a)

The Governor may, from time to time, summon the Provincial Council to meet at such time and place as he thinks fit, but two months shall not intervene between the last sitting in one session and the date appointed for the first sitting in the next session.

(b)

The Governor may, from time to time, prorogue the Provincial Council.

(c)

The Governor may dissolve the Provincial

Council.

(d)

The Governor shall exercise his powers under this paragraph in accordance with the advice of the Chief Minister, so long as the

Board of Ministers commands, in the opinion of the Governor, the support of the majority of the Provincial Council.

(9)

Without prejudice to the powers of the President under Article 34 and subject to his directions the Governor of a Province shall have the power to grant a pardon to every person convicted of an offence against a statute made by the

Provincial Council of that Province or a law made by

Parliament on a matter in respect of which the Provincial

Council has power to make statutes and to grant a respite or remission of punishment imposed by Court on any such person:

Provided that where the Governor does not agree with the advice of the Board of Ministers in any case and he considers it necessary to do so in the public interest, he may refer that case to the President for orders.

(10)

(a)

The Governor may address the Provincial

Council and may for that purpose require the attendance of members.

(b)

The Governor may also send messages to the Council either with respect to a statute then pending with the Council, or otherwise and when a message is so sent the Council shall with all convenient dispatch consider any matter required by the message to be taken into consideration.

(11)

It shall be the duty of the Chief Minister of every Province –

(a)

to communicate to the Governor of the Province all decisions of the Board of Ministers relating to the administration of the affairs of the

Province and the 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 consideration of the Board of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Board.

(12)

Parliament shall by law or resolution make provision for the salary, allowances, age of retirement and pension entitlement of holders of the office of Governor.

Chapter XVIII

Public Security

Chapter XVIIIA

National Police Commission

Chapter XIX

The Parliamentary Commissioner for Administration

Chapter XIXA

Commission to Investigate Allegations of Bribery or Corruption

Chapter XIXB

National Procurement Commission

Chapter XX

General

Chapter XXI

Transitional Provisions

Chapter XXII

Interpretation

Chapter XXIII

Repeal

Chapter XXIV

Promulgation of the Constitution

Schedules