Heading

Rule of Business

---

GOVERNMENT OF N.W.F.P

ESTABLISHMENT & ADMINISTRATION DEPARTMENT

NOTIFICATION
Peshawar the, dated 6th April, 1985.

No. SO(O&M) S&GAD/3-3/1985,---In pursuance of the provision contained in Article 139 of the constitution of the Islamic Republic of Pakistan and in suppression of the North-West Frontier Province Government Rules of Business, 1972, the Governor of the North-West Frontier Province is pleased to make the following rules:

PART   -   A   -----    GENERAL

1.         SHORT TITLE AND COMMENCEMENT.

1. These rules may be called the North-West Frontier Province Government Rules of Business, 1985.
2. They shall come into force at once.

2.         DEFINITION .---   In these rules, unless the context otherwise requires.

1. “Assembly” means the Provincial Assembly of the North-West Frontier Province;

1. “Attached Department” means a Department mentioned in column 3 of Schedule-I;

1. “Business” means all work done by Government;

1. “Cabinet” means the Cabinet of Ministers appointed under Article 132 of the Constitution and includes the Chief Minister appointed under Article 130 of the Constitution;

1. “Case” means a particular matter under consideration and includes all papers relating to it and required to enable the matter to be disposed of, viz: correspondence and notes and also any previous papers on the subject or subjects covered by it or connected with it;

1. “Chief Secretary” means the officer notified as such in the Gazette, who shall in addition to other Departments and functions that may be allotted to him from time to time, be incharge of the ­Establishment and Administration Department and shall also be the Secretary to the Cabinet;

1. “Constitution” means the Constitution of the Islamic Republic of Pakistan;

1. “Department” means a self-contained administrative unit in the Secretariat responsible for the conduct of business of Government in a distinct and specified sphere, and declared as such by the Government;

1. “Federal Government” means the Executive Government of the Islamic Republic of Pakistan;

1. “Gazette” means the official gazette of the North-West Frontier Province.

1. “Government” means the Executive Government of the Nor-West Frontier Province.

1. “Governor” means the Governor of the North-West Frontier Province;

1. “Head of Attached Department” means the officer shown in column 4 of Schedule-I;

1. “Member” means a Member of the Assembly;

      

1. “Minister” means the Minister-in-Charge of the Department to which a particular case pertains;

1. “Public Service Commission” or “Commission” means the North-West Frontier Province Public Service Commission constituted under any law for the time being in force;

1. “Schedule” means a Schedule appended to these rules;

1. “Secretariat” means the Departments of Government when referred to collectively;

1. “Secretary” means the Secretary to Government  and includes the Chief Secretary, and the Additional Chief Secretary;

1. “Section” means a basic working unit in a Department as determined by Government; and

1. “Speaker” means the Speaker of the Assembly.

3. COMPOSITION OF DEPARTMENTS AND ALLOCATION OF BUSINESS.-

1. The Secretariat shall comprise of the Departments specified in column 2 of Schedule-I.

 

1. The Chief Minister may in consultation with the Governor, wherever he may deem fit, constitute new Departments or vary the composition or number of the Departments.

1. The business of Government shall be distributed amongst several Departments in the manner indicated inSchedule-II:

 

Provided that the Chief Minister may in consultation with the Governor, whenever he may deem fit, transfer any particular subject or matter from the Department, to which it stands assigned in accordance with Schedule-II, to any other Department.

1. The Chief Minister may, assign.-

1. A Department; or

1. Part of a Department; or

 

1. Part of different Departments; or

1. More than one Department; or

 

1. One or more Departments together with part or parts of other Departments;

to a Minister:

Provided that a Department or Part of a Department not so assigned shall be in the charge of the Chief Minister.

4.       ORGANIZATION OF DEPARTMENTS.-

1. Each Department shall consist of a Secretary to Government and of such other officials subordinate to him as Government may determine:

 

Provided that the same person may be Secretary of more than one Department.

1. The Secretary shall be the official head of the Department and shall be responsible for its efficient administration and discipline, and for the proper conduct of business allocated to the Department under rule 3.

 

1. The Secretary shall, by means of standing orders, distribute the work of the Department among the officers, branches and/or sections. Such order may specify the cases or class of cases which may be disposed of by an officer subordinate to the Secretary.

5. GENERAL PROCEDURE FOR DISPOSAL OF BUSINESS.-

1. The framing of the policy of the Department is the responsibility of the Minister, and it shall be the duty of the Secretary to advise the Minister in the formulation of policy.

 

1. The business of the Department shall be disposed of by or under the authority of the Secretary.  He shall be responsible to the Minister for the proper conduct of business and for ensuring that the sanctioned policy of the Minister is duly executed.

1. While submitting a case for the orders of the Minister, it shall be the duty of the Secretary to suggest a definite line of action.

 

1. The Secretary shall keep the Minister generally informed of the working of the Department and of any important case disposed of without reference to him.

1. Where the Minister’s order appears to involve a departure from the rules and regulations or from the policy of the Government the Secretary shall re-submit the case to the Minister inviting his attention to the relevant rules or regulations or Government policy.

 

1. Where inspite of action taken under sub-rule (5), the Minister does not change his orders so as to be in line with the rules and regulations or the policy of Government, the Secretary shall submit the case to the Chief Minister for his information.

1. The channel for obtaining of transmitting the orders of the Minister is the Secretary or an officer specifically authorized in this behalf by the Secretary.

 

1. All orders should be passed in writing.  Where a verbal order is given, it should be reduced to writing at the earliest opportunity by the officer receiving it.

1. The Minister shall submit cases to the Chief Minister as required by the provisions of rule 36.

 

1. Notwithstanding the provisions of any other rules, the Chief Minister may, by general or special order, direct that any case specified in rule 37 may be submitted by the Minister directly to the Governor.

1. If any doubt or dispute arises as to the Department to which a case properly pertains, the matter shall be referred to the Chief Secretary, who shall obtain the orders of the Chief Minister, if necessary.

 

1. Detailed instructions for the disposal of business in the Secretariat shall be issued by the Chief Secretary.

5A.  DUTIES OF PARLIAMENTARY SECRETARY.-

Parliamentary Secretary of a Department shall, subject to any general or special order, issued by the Chief Minister in this behalf, deal with such parliamentary affairs concerning that Department and perform such public relations and functions as may be entrusted to him by the Minister.

Provided that a Parliamentary Secretary shall not be required to undertake any function which may entail any interference in the internal working or administration of a Department or an Attached Department.

6.    ENFORCEMENT AND INTERPRETATION OF RULES.-

1. The Secretary shall be responsible for the careful observance of these rules in his Department. If any doubt or dispute arises as to the interpretation of these rules, it shall be referred to the Chief Secretary, whose decision shall be final.  The Chief Secretary shall obtain the orders of the Chief Minister, where necessary.

1. Instructions ancillary to these rules shall, whenever considered necessary, be issued by the Chief Secretary:

Provided that any special or general orders required to be framed by the Departments in terms of these rules may be issued by them, after consultation with the Chief Secretary.

7. AUTHENTICATION OF ORDERS, INSTRUMENTS, AGREEMENTS AND CONTRACT, ETC.-

1. All executive actions of Government shall be expressed to be taken in the name of the Governor.

1. Save in cases where an officer has been specifically empowered to sign an order or instrument of Government, every such order or instrument shall be signed by the Secretary, the Additional Secretary, if any, the Deputy Secretary, Section Officer, to Government, or the Officer on Special Duty in the Department concerned, and such signature shall be deemed to be the proper authentication of such order or instrument and shall not be questioned in any Court on the ground that it was not made or executed by the Governor.

1. Instructions for the making of contracts on behalf of the Governor and the execution of such contracts and all assurance of property shall be issued by the Law Department.

PART-B – DEPARTMENTAL PROCEDURE

 

8. CONSULTATION AMONGST VARIOUS DEPARTMENTS.

1. when the subject of a case concerns more than one Department:

1. the Department incharge shall be responsible for consulting the other Departments concerned; and

1. no orders shall issue, nor shall the case ordinarily be submitted to the Chief Minister or the Cabinet until it has been considered by all the Departments concerned and they agree to it:

Provided that in case of urgency, and with the approval of the Chief Minister, this requirement may be dispensed with, but the case shall at the earliest opportunity thereafter be brought to the notice of the Department concerned.

1. If the various Departments concerned cannot reach on agreement and the Minister-in-Charge after consultation with the other Ministers concerned desires to press the case, the case shall be submitted to the Chief Minister, or with the Chief Minister’s approval, to the Cabinet:

           
Provided that where the Chief Minister is the Minister-in-Charge, the final view of Other Departments concerned shall be obtained before the case is submitted to the Chief Minister.

1. When a case is sent by one Department to another for consultation, all relevant facts and the points necessitating the reference shall be clearly brought out.

1. Even where consultation is not required, a Department may, for purposes of information, pass copies of a communication received by it, or show a case, to such other Departments as it considers would be interested in or would profit by it:

Provided that copies of Cypher telegrams received or dispatched by the Cypher Bureau shall be distributed in accordance with standing orders issued by the Chief Secretary.

 

9. THE ESTABLISHMENT  AND ADMINISTRATION DEPARTMENT.-

1. It shall be the responsibility of the Chief Secretary to coordinate the work of all Departments of Government.

1. The Chief Secretary may call for any case or information from any Department or Attached Department.

1. The Establishment and Administration Department shall be responsible for:

1. the determination of the principles of control of Government servants, including recruitment, conditions of service and discipline;

1. the coordination of the policy of all Departments with respect to services under their control so as to secure consistency of treatment;

1. securing to all Government servants the rights and privileges conferred on them by or under any law for the time being in force; and

1. determining the strength and the terms and conditions of services of the personal staff of Ministers.

1. No Department shall without the concurrence of the Establishment and Administration Department authorize any orders, other than orders in pursuance of any general or special delegation made by the Establishment and Administration Department, which involve:

1. reduction or extension in the scope of functions of a Department as given in Schedule-II or the transfer of such functions from one Department to another;

1. re-organization or change in the status of offices in the Secretariat or Attached Departments;

1. interpretation of rules and orders relating to service matters other than rules and orders issued by the Finance Department; and

1. any change in the terms and conditions of service or the statutory rights and privileges of Government servants.

1. No order in respect of the emoluments, promotion or conditions of service of any officer employed in the Finance Department shall be passed and no expenditure proposal relating to that Department sanctioned without prior concurrence of the Establishment and Administration Department.  The Chief Secretary shall exercise, in respect of such matters, the functions of the Secretary, Finance Department.

10. HOME AND TRIBAL AFFAIRS DEPARTMENT – MANNER OF SUBMISSION OF CERTAIN CASES.-

The Secretary, Home and Tribal Affairs Department shall keep the Chief Secretary generally informed of all matters affecting public tranquility.  He shall, in particular, submit through the Chief Secretary, all cases likely to have major political repercussions.

11. CONSULTATION WITH FINANCE DEPARTMENT.-

1. No Department shall, without previous consultation with the Finance Department, authorize any orders, other than orders in pursuance of any general or special delegation made by the Finance Department, which directly or indirectly affect the finances of the Province, or which in particular involve-

1. relinquishment, remission or assignment of revenue, actual or potential, or grant of guarantee against it or grant of lease of land or mineral, forest or water power rights;

1. expenditure for which no provision exists;

1. change in the number of grading of posts or in terms and conditions of service of Government servants, or their statutory rights and privileges, which have financial implications.

1. Levy of taxes, duties, fees or cesses;

1. Floatation of loans;

1. re-appropriation within budget grants;

1. alteration in financial procedure or in the method of compilation of accounts or of the budget estimates; and

1. interpretation of rules made by the Finance Department.

1. No amendment or interpretation of such rules of the Civil Services Rules as have no financial implication shall be made or issued by the Finance Department without the prior concurrence of the Establishment and Administration Department.

1. No proposal, which requires previous consultation with the Finance Department under sub-rule (1) but in which the Finance Department has not concurred, shall be proceeded with unless a decision to that affect has been taken by the Cabinet.  Formal order shall, nevertheless, issue only after the Finance Department has exercised scrutiny over the details of the proposal.

1. Except to the extent that power may have been delegated to Departments under rules framed by the Finance Department, every order of an Administrative Department conveying a sanction to be enforced in audit shall be communicated to the audit authorities through the Finance Department.

12. CONSULTATION WITH LAW, PARLIAMENTARY AFFAIRS AND HUMAN RIGHTS DEPARTMENT.-

1. The Law Department shall be consulted by the Departments.-

1. on all legal questions arising out of any case;
2. on the interpretation of any law;
3. before instituting criminal or civil proceedings in a court of law in which Government is involved; and
4. whenever criminal or civil proceedings are instituted against Government.

1. For any proposed legislation, the Law Department shall be consulted in accordance with the provisions contained in these rules.

1. Except as provided for in sub-rule (4), the Law Department is not, in respect of legislation, an originating office and its proper function is to put into correct form all proposed legislation. It is for the Administrative Department concerned to consider the desirability of legislation and all points connected therewith.  After it has reached its conclusions, it shall refer the case to the Law Department with a memorandum indicating precisely the lines on which it is proposed to legislate which should include:-

1. a statement in the form of series of propositions detailing the provisions required to be made, or preferably, a draft bill; and

1. a statement giving the objects and reasons for such provisions.

The Law Department, apart from giving shape to the draft legislation, shall advise the Administrative Department whether any sanction is required under existing statutory provisions and whether any further legal requirements are to be compiled with.  The Law Department shall also advise whether the proposed law disregards or violates, or is not in accordance with the principles of Law making, whether a reference should be made to the Council of Islamic Ideology for advice, if not already done, and if so, what shall be the terms of that reference.  The Administrative Departments shall, after obtaining the approval of the Cabinet in terms of rule 19, return the draft legislation to the Law Department for further action in terms of rule 29.

Note: Legislation means a bill or ordinance or an amendment thereto.

1. Legislation relating to the codification of substantive law or for the consolidation of existing enactments, or legislation of a purely formal character, such as repealing and amending bills and short title bills, may be initiated in the Law Department. It shall, however, consult the Administrative Departments concerned which shall consider the draft legislation in its bearing on administration, make such enquiries and consultations as may be necessary, and tender advice to the Law Department accordingly.

1. The Law Department shall be consulted by the Administrative Departments before the issue of the following:­

1. any order, rules, regulations, notification, or bye-law in the exercise of statutory power; and

1. any sanction authorizing a subordinate authority to issue any order, rules, regulations, notification or bye-law under a statutory power.

The Law Department shall advise whether the proposed draft is strictly within the power conferred by the Legislature and is in the correct form.

1. No Department shall consult the Advocate-General, except through the Law Department, and in accordance with the procedure laid down by that Department. The Departments should draw up specific points on which the opinion of the Advocate-General is desired.

1. If there is disagreement between the views of the Advocate General and the Law Department, the views of both the Law Department and the Advocate General should be conveyed verbatim to the Department concerned, and if the Department concerned does not accept the view of the Law Department, the case shall be submitted to the Minister for Law for a decision, who may, in his discretion, take such a case to the Cabinet.

1. Bills requiring assent or sanction of the President shall be referred to the Federal Government by the Law Department.

13. CONSULTATION BETWEEN THE HEADS OF ATTACHED DEPARTMENTS AND SECRETARIAT OFFICERS.-

Cases requiring the approval of Government shall be referred in as complete form as possible to the Department concerned by the Heads of Attached Departments and shall ordinarily be settled in personal discussion between the Head of the Attached Department and the Secretariat Officer dealing with the case.

14. SECRETARIES COMMITTEE.-

1. There shall be constituted a Secretaries’ Committee with the Chief Secretary as its Chairman, to facilitate coordination amongst the Departments, to provide a venue for the consideration of matters of common interest and to tender advice on any case that may be referred to it by the Chief Minister, the Cabinet or a Minister.
2. A Secretary who wishes a particular matter to be discussed in the Secretaries’ meeting shall advise the Establishment and Administration Department of his intention of doing so and forward 40 copies of a brief note on the subject which would form the basis of discussion.

1. The Establishment and Administration Department shall issue notice of a meeting, together with the agenda, well in advance of the meeting except that urgent items may be considered at short notice.

1. Secretaries’ meeting shall be attended only by Secretaries and Additional Secretaries of Departments, or such other officers as may be required by the Chief Secretary.

 

1. Minutes of the meeting shall be recorded (except in those cases where a record may not be considered necessary) by an officer of the Establishment and Administration Department, who shall attend the meeting for the purpose, and shall be circulated, after approval by the Chief Secretary, as soon after the meeting as practicable.

1. Conclusion reached at the meeting of the Secretaries’ Committee shall not be taken as decisions of Government.  Any further action required shall be taken by the Department concerned in accordance with the rules.

PART-C    -    SERVICES

15. PUBLIC SERVICE COMMISSION.-

The advice of the Public Service Commission shall ordinarily be accepted by the Department in all matters where it is obligatory to consult the Commission under any rules or regulations for the time being in force. If it is proposed not to accept the advice of the Commission, it shall be submitted to the Chief Minister through the Establishment and Administration Department, who may give an opportunity to the Public Service Commission of further justifying its recommendation before a final decision is taken.

16. SELECTION BOARD.-

1. Government may constitute one or more Selection Boards and specify the appointments and promotions to posts, other than those to be made on the advice of the Public Service Commission, to be made on the advice of such Selection Boards.

1. Difference between Selection Board and the Department.-In any case, a Department does not propose to accept the advice of Selection Board in regard to a matter in which its advice is required under sub-rule (1), the case shall be returned to the Selection Board for reconsideration, and the Selection Board shall reconsider such case. If on reconsideration the difference still persists, the case shall be submitted to the Chief Minister through the Establishment and Administration Department, for his orders.

17.  POSTING.-

1. Transfer of Officers shown in column 1 of Schedule-III shall be made by the authorities shown against such Officers in column 2 thereof.

 

1. The Establishment and Administration Department shall be consulted if it is proposed to-

1. Transfer the holder of a tenure post before the completion of his tenure or extend the period of his tenure; and

 

1. Require an officer to hold charge of more than one post for a period exceeding four months.

 

PART-D - CABINET PROCEDURE

18. COLLECTIVE RESPONSIBILITY.-The Cabinet shall be collectively responsible to the Provincial Assembly for the advice tendered to, or the executive orders issued in the name of the Governor, whether such advice or order has been tendered or issued, as the case may be, by an individual Minister or as a result of decision by the Cabinet.

19. CASES TO BE BROUGHT BEFORE CABINET.-

1. Following cases shall be brought before the Cabinet:-         ­

1. Proposals for legislation, official or non-official, including Money Bills;

1. Promulgation and revocation of ordinances;

1. the budget position and proposals before the presentation of the annual budget and other financial statements;

1. proposals for the levy of new taxes;

1. cases involving vital political, economic and administrative policies;

1. cases which the Chief Minister acting on his own initiative or at the instance of another Minister considers important enough for reference to the Cabinet;

1. important reports and documents required to be laid before the Assembly;

1. other cases required to be referred to the Cabinet under the provisions of these rules; and

1. any case desired by the Government to be referred to the Cabinet.

1. Notwithstanding the provisions of sub-rule (1), the Chief Minister may, in any case, advise the Governor as to the manner of its disposal, without prior reference to the Cabinet.

20. METHOD OF DISPOSAL BY CABINET.-
Cases referred to the Cabinet shall be disposed of­-

1. by discussion at a meeting of the Cabinet; or

1. by discussion at a meeting of a committee of the Cabinet; provided that the decisions of the Committee shall be. ratified by the Cabinet unless the Cabinet has authorized otherwise; or

1. by circulation amongst Ministers.

 

Note:-Committees of the Cabinet may be constituted, and their terms of reference laid down, by the Cabinet. Such Committees may be Standing or Special Committees, according as they are appointed to deal with a class of cases or a particular case.

 

21.   MANNER OF SUBMISSION OF CASES TO CABINET.-

1. In respect of all cases to be submitted to the Cabinet, the Secretary of the Department concerned shall transmit to the Chief Secretary a concise and lucid memorandum of the cases (hereinafter referred to as the "Summary" giving the background and relevant facts, the points for decision and the recommendation of the Ministers:

Provided that in the event of the views of the Department being different from the views of the Minister, both the views shall be included in the summary.

1. The summary shall be self-contained as far as possible, and may include as appendices such relevant papers as are necessary for the proper appreciation of the case.

1. In the case of proposed legislation to which approval is sought in principle, the summary shall bring out clearly the main issues to be legislated upon.

1. Where a case concerns more than one Department, the summary shall not be forwarded to the Cabinet unless the case has been considered by all the Departments concerned. In the event of a difference of opinion the points of difference between them shall be clearly stated in the Summary, a copy of which shall be sent by the sponsoring Department to other Department concerned simultaneously with the transmission of the summary to the Cabinet. 

1. No summary containing a proposal involving financial implications shall be submitted to the Cabinet unless the Finance Department has been consulted and its views incorporated in the summary.

1. All drafts, bills, ordinances or orders having the force of law shall be submitted to the Cabinet after the same have been vetted by the Law Department and no changes shall be made therein except with the knowledge of the Law Department.

1. No case for inclusion in the agenda shall be accepted unless it reaches the Chief Secretary at least four clear days in advance of the meeting:

 

Provided that if the case is urgent, the Secretary concerned may approach the Chief Secretary for its inclusion in the agenda, and, if he agrees, a note shall be sent for circulation to the Cabinet showing how the case is urgent and why it could not be submitted in time.

 

1. The Establishment and Administration Department shall satisfy itself that the papers submitted by a Secretary are complete and in appropriate form. It shall ordinarily return a case which does not meet with the requirements of these rules and of any other instructions on the subject.

22.  PROCEDURE REGARDING CABINET MEETING.-

1. Regular meeting of the Cabinet to discuss ordinary business shall normally be held once a week on a day and time to be fixed by the Chief Minister:

 

Provided that the Chief Minister may direct any variation in day and time, and may call for special meetings of the Cabinet at any time on any day of the week to discuss urgent business.

1. In the absence of the Chief Minister, a Minister nominated by the Governor for the purpose shall preside over the meeting.

 

Note:-Reference to the 'Chief Minister' in this rule includes the Minister nominated by the Governor under sub-rule (2) above.

1. The Chief Secretary shall ordinarily issue to the Ministers, three days in advance of a meeting, the agenda of the meeting, together with the summaries relating to the items or agenda. A copy of the agenda and the summaries shall be submitted to the Governor at the same time. In the case of special meetings, the circular notice may be issued less than three days in advance.

 

1. No case shall be discussed unless the summary relating to it has been circulated:

Provided that the Chief Minister may dispense with the requirements of this sub-rule, whereon the representation of the Minister-in­-Charge, he is satisfied that the circumstances were such that the papers could not be supplied.

1. The Secretary concerned with a case shall, unless otherwise directed, attend the meeting of the Cabinet in which the case is under discussion. He shall, however, take no part in the discussion unless invited to do so.

 

1. If, in the absence of the Minister-in-Charge from headquarters, the Secretary of the Department concerned considers that the discussion on a case should await the Minister's return he may request the Chief Secretary for its postponement. The Chief Secretary shall thereupon obtain the orders of the Chief Minister in regard to postponement.

1. The Chief Secretary shall attend all meetings and prepare.-
1. a brief record of the discussion which, in the absence of special directions by the Cabinet to the contrary, shall be of an impersonal nature; and
2. a record of the decisions without any statement or the reasons therefore, and shall submit a copy of these records within twenty four hours of the close of the meeting to the Chief Minister for his approval.

 

1. The Chief Secretary shall circulate to the Ministers and to the Governor a copy of these records, as approved by the Chief Minister and shall send to the Secretary of the Department concerned a copy of the decision only.
2. If a Minister considers that there has been a mistake or omission in recording the minutes, he shall point it out to the Chief Secretary within twenty four hours of the issue of the minutes. The Chief Secretary shall thereupon obtain the orders of the Chief Minister and, if necessary, issue a corrigendum and correct the official record in his office.

23. PROCEDURE REGARDING COMMITTEES OF CABINET.-

1. Meetings of the Committees of the Cabinet shall be convened by the Chief Secretary under the direction of the senior member of the Committee, who shall preside at the meetings.

1. Officials of the Departments concerned may be associated with the deliberations of the Committees as and when considered necessary.

1. The provisions of rule 21 and 22 shall apply mutatis mutandis to the manner of submission of cases to, and the procedure for, the meetings of Committees.

 

24. PROCEDURE REGARDING CIRCULATION OF CABINET CASES.

1. When a case is circulated to the Ministers for recording opinion, the Chief Secretary shall specify the time by which opinions should be communicated. A summary of the case shall be simultaneously submitted to the Governor. If a Minister does not communicate his opinion by that time, it shall be assumed that he accepts the recommendations contained in the summary.

1. If a difference of opinion amongst Ministers is observed in the course of circulation, the Chief Secretary shall unless the Chief Minister directs otherwise, obtain further observations of the Minister concerned with a view to reaching an agreed conclusion.

1. After all opinions have been received and the further observations of the Ministers concerned have been obtained, if necessary, or after the time specified has expired, the Chief Secretary shall­-

 

(a)  In the event of full agreement to the recommendations in the summary, treat it as Cabinet decisions and proceed further in terms of rule 22(8);

(b) In the event of difference of opinion or a major change in the original recommendations contained in the summary being agreed to by the Minister-in-Charge and one or more Ministers obtain the direction of the Chief Minister whether the case should be discussed at a meeting of the Cabinet, or the recommendations of the majority of Ministers be accepted and communicated as Cabinet's decision.

If the Chief Minister directs that the case shall be discussed at a meeting of the Cabinet, the Chief Secretary shall circulate the opinions recorded by the Ministers, in the form of a supplementary summary, submitting a copy simultaneously to the Governor.

1. Reports made to the Cabinet or action taken on their decisions, and other cases submitted only for information, shall normally be disposed of by circulation.

25. ACTION ON CABINET’S DECISION.-

1. When a case has been decided by the Cabinet, the Department concerned shall take prompt action to give effect to the decision.
2. To ensure implementation of the Cabinet decisions, the Secretary of each Department shall keep a record of all the decisions conveyed to him and shall watch progress of action until it is completed. It shall be his responsibility, as Secretary of the Department sponsoring the case, to consult or inform any other Department concerned, in order to ensure full implementation of the decisions.
3. The Chief Secretary shall watch the implementation of each decision of the Cabinet, and the Secretary in the Department concerned shall supply to the Chief Secretary such documents as the latter may, by general or special request, require to enable him to complete his record of the case.

1. The Chief Secretary shall maintain the record of each case submitted to the Cabinet which shall consist of­
1. a copy of all papers issued under rule 22(3), 23 and 24(1);

1. a copy of the records prepared under rule 22(7), 23 and 24(3).
1. The Governor shall be kept informed of all decisions of the Cabinet.

26.  SECRECY OF CABINET PROCEEDINGS.-

1.  All proceedings of the Cabinet and the record of the discussion in the Cabinet shall be secret.
2. All papers submitted to the Cabinet are secret until the Cabinet's decision has taken place, where after the Secretary concerned shall, subject to any general or special orders of the Chief Secretary in this behalf, determine whether the papers shall continue to be classified as secret.

27.  CUSTODY OF CABINET PAPERS:-

The Minister shall return to the Chief Secretary.­-

1. the papers issued to them for decision by circulation under rule 24(1) immediately after recording opinion;

1. the papers circulated to them for decision by discussion in meeting of the Cabinet or Committee of the Cabinet under rule 22(3) or 23 immediately after the discussion has taken place;

1. copies of the record of discussion and decisions circulated by the Chief Secretary under rule 22(8), 23 and 24(3), immediately after they have perused them; and

1. reports of action taken on Cabinet decisions or other papers circulated for information, immediately after perusal, except where indicated otherwise.

 

PART - E - RELATIONS WITH THE PROVINCIAL LEGISLATURE

28.       GENERAL PROCEDURE.-

1. The Department shall, in their relations with the Assembly, comply with the rules of procedure and standing orders of the Assembly.

1. Orders of the Governor for convening a session of the Assembly shall be obtained by the Law Department and communicated to the Secretary of the Assembly.

1. As soon as the date of session of the Assembly is fixed, it shall be notified in the Gazette by the Secretary of the Assembly and thereupon all Departments shall undertake a review of the official business intended to be brought before the Assembly and shall promptly forward to the Law Departments detailed lists of such business not later than seven days before the commencement of the session.

1. The Minister for Law shall prepare a provisional forecast of the business to be brought before the Assembly and shall make proposals to the Speaker for the allotment of days for the transaction of official as well as non-official business. The programme as approved by the Speaker, shall be communicated by the Assembly Secretariat to all the Departments and the Secretary to Governor.

1. When the Assembly has been summoned by the Governor, he will at the appropriate stage, fix a date for the prorogation of the Assembly.

1. The Secretary of the Assembly shall, when the session called by the Governor is nearing completion of its business, obtain the orders of the Governor through the Law Department, as to the date for the prorogation of the Assembly.

1. The Secretary of the Assembly shall notify in the Gazette the date fixed for the prorogation of the Assembly.

1. Copies of the bills, resolutions, motions, questions and other business to be brought before the Assembly shall be forwarded as soon as received, to the Department concerned by the Assembly Secretariat.

1. For the correct allocation of business of the Assembly amongst the Departments, the Assembly Secretariat may consult the Chief Secretary, whenever it is in doubt.

1. If a bill, resolution, motion or question has been wrongly addressed to a Department by the Assembly Secretariat, it should be promptly transferred to the Department concerned, in consultation with the Chief Secretary, if necessary, and under advice to the Assembly Secretariat.

1. The Assembly Secretariat shall advise the Departments as soon as is known that a non-official bill, resolution, motion or question has been admitted in its final form, or not admitted, so that the Departments may regulate their action accordingly.

1. As soon as any communication (whether a notice, intimation, bill or any other paper) is received from the Assembly Secretariat or any other authority regarding the business or affairs of the Assembly, the receiving officer shall at once bring it to the notice of the Secretary and the Minister.

29. OFFICIAL BILLS AND AMENDMENTS.-

1. After taking action in terms of rules 12 and 19, the Department concerned shall forward to the Law Department, the draft legislation in its final form with a statement of objects and reasons, duly signed by the Minister-in-Charge. The Law Department shall obtain the previous consent of the Government to the introduction of the bill, if such consent is necessary. This action shall be completed irrespective, and preferably well in advance, of the date of commencement of a session of the Assembly.

1. The Law Department shall arrange to include the bill in the official business of the Assembly. The bill shall be introduced in the Assembly by the Minister-in-Charge or any other member on his behalf, and thereafter published in the Gazette by the Assembly Secretariat. If, however, the bill is of great urgency, the Law Department may request the Assembly Secretariat to publish it in the Gazette before introduction.

1. After the introduction of a bill, the following motions be made in regard to it, namely­.-

 

1. that it be taken into consideration and passed; or

1. that it be referred to a Select Committee; or

1. that it be circulated for the purpose of eliciting opinion thereon.

The Department concerned shall formulate the line of action to be adopted, and prepare a brief for the use of the Minister-in-Charge.

1. The procedure regarding amendments shall be the same as for official bills.

1. After a Bill has been passed, the Assembly Secretariat shall forward the Bill to the Governor, through the Law Department, in the form in which it is passed, duly signed by the Speaker. The Governor shall­-

1. accord his assent to the Bill; or

1. if it is a Bill other than a Money Bill, return the Bill to the Provincial Assembly with a message requesting that the Bill, or any specified provision thereof, be reconsidered.

1. When the Governor has returned a Bill to the Provincial Assembly for reconsideration and the Bill is again passed by the Provincial Assembly, with or without amendment, it shall be again presented to the Governor and the Governor shall assent thereto.

1. After the Governor has passed orders, the Law Department shall inform the Department concerned and publish the Bill, if assented to, in the Gazette.

30.  NON-OFFICIAL BILLS AND AMENDMENTS.-

1. As soon as notice regarding the introduction of a non-official bill is received from the Assembly Secretariat by a Department, it shall consult the Law Department as to-

1. whether the bill can be introduced in the Provincial Legislature and is otherwise in order; and

1. whether previous consent of the Government to its introduction is necessary.

 

1. If the bill is in order, the Department concerned shall take action in accordance with the provisions of rule 29 and the procedure relating to official bill shall apply mutatis mutandis to it.

1. Procedure regarding amendments shall be the same as for non-official bills.

31.     RESOLUTION AND MOTIONS.-

1. When an official resolution or motion is to be moved in the Assembly, the Department concerned shall, after consulting the Law Department and obtaining the approval of the Cabinet, forward the same, together with a formal notice duly signed by the Minister to the Secretary of the Assembly who shall, if the resolution or motion is admitted by the Speaker, arrange for its inclusion in official business of the Assembly.

1. Official resolution may be for the constitution of a statutory body, declaration of policy on a matter of general public interest, etc.

1. Official motions may be for the election of members to standing adhoccommittee of the Assembly, raising discussion on a particular matter, etc.

1. On receipt of a non-official resolution or motion from the Assembly Secretariat, the Department concerned shall examine it and obtain the orders of the Cabinet, if the time permits. Orders of the Chief Minister, where necessary, shall be obtained.

1. In examining the resolution or motion, the Department concerned shall consider whether the discussion of the resolution or motion, or any part of the same, would be detrimental to the public interest. If so, it should point this out, with reasons in its comments on the resolution or motion, as the case may be.

1. The Department concerned shall prepare a brief regarding each resolution or motion, official or non-official, for the use of the Minister.

1. After a resolution or motion has been adopted, the Assembly Secretariat shall forward it to the Department concerned for appropriate action.

32. QUESTION.-

1. On receipt from the Assembly Secretariat of questions (starred or un-starred or short notice), proposed to be asked by member, the Department concerned shall draft replies with the approval of the Minister, and in the case of a Department which has not been assigned under these rules to any Minister, with the approval of the Secretary-in­-Charge of that Department and forward the required number of copies to the Assembly Secretariat before the day on which-the question is to be asked. In the case of starred questions, briefs shall be prepared by the Department concerned for the use of the Minister to assist him in answering any supplementary question that may be asked.

1. A copy of the supplementary question asked in the Assembly in respectof a starred question and the replies given shall be forwarded by the Assembly Secretariat to the Department concerned as soon as possible after the proceedings have been transacted.

1. The Department concerned shall be responsible for giving effect to any undertakings given by the Minister in reply to questions.

33. BUDGET.-

1. The Finance Department shall forward proposals regarding the date for the presentation of the annual budget to Secretary to the Assembly. The latter shall obtain the orders of the Chief Minister through the Chief Secretary. On receipt of orders a notification in the Gazette shall be issued by the Secretary of the Assembly.
2. On receipt of a motion proposing a cut in a demand (or supplementary demand) for grant of funds, the Department concerned shall examine the points raised in the motion, or any further points likely to be raised, and prepare a brief for the use of the Minister-in-Charge.

33A. ADVISORS AND SPECIAL ASSISTANTS:-

1. There shall be Advisors and Special Assistants to the Chief Minister for the performance of such duties and functions, as may be specified from time to time.
2. An Advisor or Special Assistant shall hold office during the pleasure ofthe Chief Minister on such terms and conditions, as may be determined by the Chief Minister.

PART - F - SUBMISSION OF CASES TO THE GOVERNOR AND THE CHIEF MINISTER

34. SUBMISSION OF CASES TO THE GOVERNOR FALLING WITHIN HIS DISCRETIONARY POWERS UNDER THE CONSTITUTION.-

1. All cases enumerated in Schedule-IV shall be submitted to the Governor for his approval before issue of orders.

1. The cases enumerated in Schedule-IV shall be submitted to the Governor in such manner as the Governor may generally or specially direct.

1. On a question whether any matter is or is not a matter in respect of which the Governor is by the Constitution of the Islamic Republic of Pakistan empowered to act in his discretion, the decision of the Governor in his discretion shall be final.

 

35. GOVERNOR'S DIRECTIVE WITH REGARD TO DISPOSAL OF CERTAIN CASES:-

1. The Governor may require to submit for consideration of the Cabinet any matter on which a decision has been taken by the Chief Minister or a Minister but which has not been considered by the Cabinet.

1. The Governor may require the Cabinet or, as the case may be, the Chief Minister, to reconsider its or his advice tendered to the Governor in the performance of his functions, whether generally or otherwise, and the Governor shall act in accordance with the advice tendered after such reconsideration.

 

36. REFERENCE TO THE CHIEF MINISTER.-

1. Without prejudice to other provisions of these rules:­-

 

1. All cases mentioned in Schedule- V shall be submitted to the Chief Minister for advising the Governor to pass appropriate orders thereon; and

1. All cases mentioned in Schedule-VI shall be submitted to the Chief Minister for his approval before passing of orders.

 

1. A case submitted to the Chief Minister for his order shall include a self-contained summary stating the relevant facts and the points for decision. The summary shall include the specific recommendations of the Minister-in-Charge, and shall be accompanied by a draft communication wherever appropriate.

37. REFERENCE TO THE GOVERNOR.-

1. A case required to be submitted to the Governor through Chief Minister for his order shall include a self-contained summary stating the relevant facts and the points for decisions. The summary shall be entitled "Summary for Chief Minister" and contain the specific advice or recommendations of the Chief Minister along with a separate paragraph to the effect that the case requires approval of the Governor.

1. All cases specified in Schedule-VII shall be submitted to the Governor for information through the Chief Minister.

PART - G – MISCELLANEOUS PROVISIONS

38. PROTECTION AND COMMUNICATION OF OFFICIAL INFORMATION.-

1. No information acquired directly or indirectly from official documents or relating to official matters shall be communicated by a Government servant to the press, to non-official or officials belonging to other Government offices, unless he has been generally or specially empowered to do so.

1. Detailed instructions shall be issued by the Chief Secretary for the treatment and custody of official documents and information of a confidential character.

1. Ordinarily all official news and information shall be conveyed to the press through the Information Department and the manner in which this may be done shall be prescribed, generally or specially in each case, by that Department Only Ministers and Secretaries, and such officers as may be authorized, shall act as official spokesmen of Government.

39. CHANNELS OF COMMUNICATION.-

1. Correspondence with the Federal Govt or another Provincial Govt shall be conducted direct by the Departments in respect of subjects allocated to them subject to the provisions of rule 8 and it shall ordinarily be addressed to the Secretary of the Ministry or Department concerned.

1.  All correspondence with the Government of a foreign country or a Pakistan Diplomatic Mission abroad or a foreign mission in Pakistan or international organization, shall normally be conducted through the Ministry of Foreign Affairs of the Federal Government:

Provided that by means of general or special orders to be issued by the Ministry of Foreign Affairs direct correspondence may be allowed under such conditions and circumstances as may be specified by that Ministry.

1. All correspondence with the Headquarters of the Armed Forces, viz., Naval Headquarters, General Headquarters or Air Headquarters or their subordinate formations, shall normally be conducted through the Defense Division of the Federal Government:

 

Provided that by means of general or special orders to be issued by the Defense Division, direct correspondence may be allowed under such conditions and circumstances as may be specified:

Provided further that the provisions of this sub-rule shall not affect normal communications between a Service Commander and the Civil authorities in his area, or inter-departmental discussion in which services representatives are required to take part. 

1. All correspondence between Government and the heads of Attached Departments shall be conducted through the Secretary of the Department concerned.

 

SCHEDULE-I
[See Rule 3]

LIST OF DEPARTMENTS AND ATTACHED DEPARTMENTS