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Article: 139 Conduct of business of Provincial Government

1[139.  Conduct of business of Provincial Government.—(1)  All executive actions of the Provincial Government shall be expressed to be taken in the name of the Governor.

(2)  The 2[Provincial Government] shall by rules specify the manner in which orders and other instruments made and executed 2[in the name of Governor] shall be authenticated, and the validity 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 Governor.

3[(3) The Provincial Government shall also make rules for the allocation and transaction of its business.]

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Footnotes:

1.  Item 31 of the schedule to P.O. No. 14 of 1985, substituted Art. 139, in its present form, (w.e.f. March 2, 1985), in place of the said Art. as adopted in 1973, that read :

“139. Conduct of business of Provincial Government.—(1) Orders and other instruments made and executed in the name of the Governor shall be authenticated in such manner as may be specified in rules to be made by the Provincial Government, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Governor.

(2)  The Provincial Government may regulate the allocation and transaction of its business and may for the convenient transaction of that business delegate any of its functions to officers or authorities subordinate to it.”

2. Section 46(i) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted the said words, in place of the word, “Governor” occurring for the first time in clause (2) of Art. 139 and also substituted the words “in the name of Governor” in place of the words “in his name” thereto, (w.e.f. April 19, 2010).

3. Section 46(ii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted clause (3) of Art. 139, in its present form, (w.e.f. April 19, 2010), in place of the clause as inserted by substation in 1985, that read :

(3)  The Governor shall also make rules for the allocation and transaction of the business of the Provincial Government.


Comparative Table of Article 139 of the Constitution of Pakistan, 1973
Constitution of Pakistan 1962 :
81
Constitution of Pakistan 1956 :
74
Constitution of India 1950:
166
Government of India Act 1935:
59

Leading & Latest Cases on Article 139 of the Constitution of Pakistan, 1973 :

AJAB GUL
CROWN
FAZAL AHMAD AND ANOTHER
R.A.MONEY AND ANOTHER
TAHIRA FAZAL AHMAD
HOME SECRETARY, GOVERNMENT OF WEST PAKISTAN
SADDIQUE AHMED CHOWDHRY AND OTHERS
CHAIRMAN, WEST PAKISTAN AGRICULTURAL DEVELOPMENT CORPORATION
NASEEM AHMED
BALOCHISTAN DEVELOPMENT AUTHORITY AND OTHERS

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