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Article: 115 Provincial Government’s consent required for financial measures

115. Provincial Government’s consent required for financial measures.-(1) A Money Bill, or a Bill or amendment 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 consent 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, alteration 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, the 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 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 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.

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Footnotes:


Comparative Table of Article 115 of the Constitution of Pakistan, 1973 :
Constitution of Pakistan 1962 :
Constitution of Pakistan 1956 :
92
Constitution of India 1950:
Government of India Act 1935:


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Leading & Latest Cases on Article 115 of the Constitution of Pakistan, 1973 :

GOLDEN INDUSTRIES LTD.
PROVINCE OF SIND AND OTHERS
MUIHAMMAD SHAFI
GHULAM MURTAZA
KHUSHI MUHAMMAD AND 2 OTHERS
THE PROVINCE OF THE PUNJAB THROUGH SECRETARY TO GOVT. OF THE PUNJAB &

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