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Article: 167 Borrowing by Provincial Government

167.  Borrowing by Provincial Government.—(1) Subject to the provisions of this Article, the executive authority of a Province extends to borrowing upon the security of the Provincial Consolidated Fund within such limits, if any, as may from time to time be fixed by Act of the Provincial Assembly, and to the giving of guarantees within such limits, if any, as may be so fixed.

(2)  The Federal Government may, subject to such conditions, if any, as it may think fit to impose,  make loans to, or so long as any limits fixed under Article 166 are not exceeded give guarantees in respect of loans raised by, any Province, and any sums required for the purpose of making loans to a Province shall be charged upon the Federal Consolidated Fund.

(3)  A Province may not, without the consent of the Federal Government, raise any loan if there is still outstanding any part of a loan made to the Province by the Federal Government, or in respect of which guarantee has been given by the Federal Government; and consent under this clause may be granted subject to such conditions, if any, as the Federal Government may think fit to impose.

1[(4) A Province may raise domestic or international loan, or give guarantees on the security of the Provincial Consolidated Fund within such limits and subject to such conditions as may be specified by the National Economic Council.]


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Footnotes:

1. Section 61 of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), inserted the said new clause (4), in its present form, after clause (3) of Art. 167, (w.e.f. April 19, 2010).


Comparative Table of Article 167 of the Constitution of Pakistan, 1973 :
Constitution of Pakistan 1962 :
140
Constitution of Pakistan 1956 :
116
Constitution of India 1950:
293
Government of India Act 1935:
163(1)

Leading & Latest Cases on Article 167 of the Constitution of Pakistan, 1973 :

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