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 1[Majlise
Shoora (Parliament)] or a Provincial Assembly and, if a member of 1[MajliseShoora
(Parliament)] or a Provincial Assembly is appointed as Governor, his seat in 1[Majlise
Shoora (Parliament)] or, as the case may be, the Provincial Assembly shall become
vacant on the day he enters upon his office.
2[104.
Speaker Provincial Assembly to act as, or perform functions of
Governor in his absence. 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.]
3[105. Governor to act on advice, etc. (1) Subject to Constitution, in the
performance of his functions, the Governor shall act 4[on and] in accordance with the
advice of the Cabinet 5[or the Chief Minister] :
5[Provided that 4[within fifteen days] 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 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 Minister7[or the Cabinet] shall not be inquired into in, or by, any court,
tribunal or other authority.
1 Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for "Parliament".
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 the 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".
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