PART 15 - Provincial Legislative Procedure

By Nepalko on April 09, 2017

(197) Legislative power of Provincial Legislature: The legislative powers of the Provincial Legislature shall be as enumerated in Schedules -6, -7 and -9.
(198) Procedure to introduce bills in the Provincial Assembly:

A bill may be introduced, pursuant to this constitution, in the Provincial Assembly.
The Finance Bills and Bills concerning law and order shall be introduced only as a Government Bill.
“Finance Bill” means a Bill concerning all or any of the following subjects:

the imposition, collection, abolition, remission, alteration or regulation of taxes or regulation of tax system in the Province,
the preservation of the Provincial Consolidated Fund or any Government fund of another Province, the deposit of money into and the appropriation or the withdrawal of money from such funds, or the reduction, increment or cancellation of appropriations or of proposed expenditures from such funds,
the regulation of matters relating to the raising of loans or the giving of guarantees by the Provincial Government, or any matter pertaining to amendment of the laws concerning the financial liabilities undertaken or to be undertaken by the Provincial Government,
the custody and investment of all revenues received by any Provincial Government Fund, money acquired through the repayment of loans, and the grant of money; or audits of the accounts of the Provincial Government; or
matters directly related to Sub-clauses (a), (b), (c), (d) and (e).
Provided that a Bill shall not be deemed to be a Finance Bill by reason only that it provides for the levying of any charges and fees such as license fee, application fee, renewal fee or it provides for imposition of any penalty or imprisonment.

If any question arises whether a Bill is a Finance Bill or not, the decision of the Speaker of the Provincial Assembly thereon shall be final.

A Bill passed by the Provincial Assembly shall be presented to the Head of Province for certification.
If a session of the Provincial Assembly terminates while a Bill is under consideration, deliberations on the Bill may continue at the succeeding session:
Provided that if the Provincial Assembly is dissolved or its term expires when any Bill is under consideration at the Provincial Assembly, such Bill shall be deemed to have lapsed.

(200) Withdrawal of the Bill: A Bill may be withdrawn by the member introducing it with the approval of the Provincial Assembly.
(201) Certification of the Bill:

A Bill which to be presented to the Head of Province for certification pursuant to Article 197 shall be so presented by the Speaker of the Provincial Assembly after certifying it.
Provided that in the case of a Finance Bill, the Speaker shall so certify stating that it is a Finance Bill.
The Head of Province shall certify the Bill presented to her/him for certification within fifteen days, and inform the Provincial Assembly about the same as soon as possible.
Except for a Finance Bill, if the Head of Province is of the opinion that any Bill presented to her/him for certification needs further deliberations, she/he may send back the Bill with her/his message to the Provincial Assembly within fifteen days from the date of presentation of the Bill to her/him.
If any Bill is sent back with a message from the Head of Province, it shall be reconsidered by the Provincial Assembly and if the Bill so reconsidered is again passed as it was or with amendments, and is again presented to him/her, the Head of Province shall certify the Bill within fifteen days of such presentation.
A Bill shall become an Act after it is certified by the Head of Province.

If at any time, except when the Provincial Assembly is in session, if circumstances exist which render it necessary to take immediate action, the Head of Province may, on the recommendation of the Provincial Council of Ministers, promulgate an Ordinance.
An Ordinance promulgated under Clause (1) shall have the same force and effect as of Act:
Provided that every such Ordinance:

shall be tabled at the next session of Provincial Assembly, and if not passed it shall ipso facto cease to be effective;
may be repealed at any time by the Head of Province ; and
shall, unless rendered ineffective or repealed under Sub-clause (a) or (b), ipso facto cease to have effect at the expiration of sixty days from the commencement of the session of the Provincial Assembly.