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GOVERNMENT OF N.W.F.P
ESTABLISHMENT & ADMINISTRATION DEPARTMENT
NOTIFICATIONPeshawar 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.
2. DEFINITION .--- In these rules, unless the context otherwise requires.
3. COMPOSITION OF DEPARTMENTS AND ALLOCATION OF BUSINESS.-
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.
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.-
Provided that the same person may be Secretary of more than one Department.
5. GENERAL PROCEDURE FOR DISPOSAL OF BUSINESS.-
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.-
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.-
PART-B – DEPARTMENTAL PROCEDURE
8. CONSULTATION AMONGST VARIOUS DEPARTMENTS.
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.
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.
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.-
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.-
12. CONSULTATION WITH LAW, PARLIAMENTARY AFFAIRS AND HUMAN RIGHTS DEPARTMENT.-
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.
The Law Department shall advise whether the proposed draft is strictly within the power conferred by the Legislature and is in the correct form.
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.-
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.-
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.-
20. METHOD OF DISPOSAL BY CABINET.-Cases referred to the Cabinet shall be disposed of-
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.-
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.
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.
22. PROCEDURE REGARDING CABINET MEETING.-
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.
Note:-Reference to the 'Chief Minister' in this rule includes the Minister nominated by the Governor under sub-rule (2) above.
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.
23. PROCEDURE REGARDING COMMITTEES OF CABINET.-
24. PROCEDURE REGARDING CIRCULATION OF CABINET CASES.
(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.
25. ACTION ON CABINET’S DECISION.-
26. SECRECY OF CABINET PROCEEDINGS.-
27. CUSTODY OF CABINET PAPERS:-
The Minister shall return to the Chief Secretary.-
PART - E - RELATIONS WITH THE PROVINCIAL LEGISLATURE
28. GENERAL PROCEDURE.-
29. OFFICIAL BILLS AND AMENDMENTS.-
The Department concerned shall formulate the line of action to be adopted, and prepare a brief for the use of the Minister-in-Charge.
30. NON-OFFICIAL BILLS AND AMENDMENTS.-
31. RESOLUTION AND MOTIONS.-
33A. ADVISORS AND SPECIAL ASSISTANTS:-
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.-
35. GOVERNOR'S DIRECTIVE WITH REGARD TO DISPOSAL OF CERTAIN CASES:-
36. REFERENCE TO THE CHIEF MINISTER.-
37. REFERENCE TO THE GOVERNOR.-
PART - G – MISCELLANEOUS PROVISIONS
38. PROTECTION AND COMMUNICATION OF OFFICIAL INFORMATION.-
39. CHANNELS OF COMMUNICATION.-
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.
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.
SCHEDULE-I[See Rule 3]
LIST OF DEPARTMENTS AND ATTACHED DEPARTMENTS
Added vide Establishment Department Notification No.SO(O&M)/E&AD/2-3/2006 Vol II Dated 11-4-2007
(a) & (b) Added vide Establishment Department Notification No.SO(O&M)/E&AD/2-8/2006 Vol I Dated 29.8.2007
Added vide Establishment Department Notification No.SO(O&M)/E&AD/2-12/2006 Vol I Dated 2.8.2007
[See Rule 3(3) and Rule 9(4)(i)]
DISTRIBUTION OF BUSINESS AMONGST DEPARTMENTS
AGRICULTURE, LIVESTOCK AND COOPERATION DEPARTMENT
1. (a) Agricultural Education and Research including NWFP Agricultural University.
AUQAF, HAJJ, RELIGIOUS AND MINORITY AFFAIRSDEPARTMENT
Auqaf Department :-
Religious And Hajj Affairs.
Protection, preservation, conservation and management of wildlife including all matters falling within the purview of the North-West Frontier Province Wildlife (Protection, Preservation, Conservation and Management) Act, 1954, (NWFP Act V of 1975).
Management and development of public waters, fish hatcheries production of fish farms and recreational fisheries.
Improvement of methods/techniques to capture fish.
Experimentation and demonstration of fish farms to popularize fish culture both in public and private sectors.
Development of fishermen community.
Collection and tabulation of statistical data on fisheries.
Applied research on fisheries.
Introduction and cultivation of exotic varieties of fish.
Protection, preservation, conservation and management of fisheries in the province.
Enforcement of Fisheries Ordinance, 1961 and the rules made thereunder.
Administration of Provincial Transport Authority and Regional Transport Authorities.
Administration of the West Pakistan Motor Vehicles Ordinance, 1965 except enforcement of provision of the Ordinance relating to control of traffic and inspection and checking of motor vehicles for the purposes of traffic control.
Services matters, except those entrusted to E&AD.
1A. “Chief Minister Secretariat.”
11. (a) Matters connected with the Services of All Pakistan Unified Group (APUG) Officers.
12. High Court.13. Anti-Corruption.14. Organization and Methods
Heading substituted by Notification No. SO(O&M)S&GAD/3-19/99, dated 27-03-2001
Heading substituted by Notification No. SO(O&M)E&AD/2-4/2002, dated 23-11-2002.
Inserted by Notification No. SO(O&M)S&GAD/722/2002, dated 29-01-2002.
Inserted by Notification No. SO(O&M)S&GAD/3-3/2002, dated 3-10-2001.
4. Utilization of Tobacco Development Cess
Inserted by Notification No. SO(O&M)S&GAD/3-8/2000, dated 20-10-2000.
Heading substituted by Notification No. SO(O&M)S&GAD/3-19/99, dated 27-03-2001
I. Public health and sanitation.
II. Medical Profession.
HIGHER EDUCATION, ARCHIVES AND LIBRARIES DEPARTMENT
HOME AND TRIBAL AFFAIRS DEPARTMENT
Law and Order and Courts.
(b) Appeals and application for enhancement of sentences and conviction; and
INDUSTRIES, COMMERCE, LABOUR, MINERAL DEVELOPMENT AND TECHNICAL EDUCATION DEPARTMENT
22. Technical Education and Research excluding Medical and Agricultural Education
Services matters, except those entrusted to Establishment &Administration Department.
INFORMATION AND PUBLIC RELATIONS DEPARTMENT
INTER PROVINCIAL COORDINATION DEPARTMENT
IRRIGATION AND POWER DEPARTMENT
1. (a) Rivers and reverine surveys;
LAW, PARLIAMENTARY AFFAIRS AND HUMAN RIGHTS DEPARTMENT
LOCAL GOVERNMENT, ELECTIONS AND RURALDEVELOPMENT DEPARTMENT
PLANNING AND DEVELOPMENT DEPARTMENT
Heading substituted by Notification No. SO(O&M)E&AD/2-27/2004, dated 27.12.2004
Heading substituted by Notification No. SO(O&M)S&GAD/8-1/2001, dated 10-05-2001.
Added vide Notification No.SO(O&M)E&AD/6-7/2007 Dated 26-7-2007
Heading substituted by Notification No. SO(O&M)E&AD/3-11/2002, dated 29-11-2001.
POPULATION WELFARE DEPARTMENT
RELIEF, REHABILITATION AND SETTLEMENT DEPARTMENT
REVENUE AND ESTATE DEPARTMENT
1. Land Revenue Administration:
SPORTS, CULTURE, TOURISM & ARCHAEOLOGY DEPARTMENT
SCHOOLS AND LITERACY DEPARTMENT
SCIENCE & TECHNOLOGY & INFORMTION TECHNOLOGY DEPARTMENT
WORKS & SERVICES DEPARTMENT
Building and Roads:
(a) Engineering University;
Public Health Engineering
ZAKAT, USHR, SOCIAL WELFARE AND WOMEN DEVELOPMENT DEPARTMENT
Zakat and Ushr.-
Services matters except those entrusted to Establishment and Administration Department.
Heading substituted by Notification No. SO(O&M)E&AD/3-21/2002, dated 03-11-2002.
Heading substituted by Notification No. SO(O&M)E&AD/2-4/2002, dated 23-11-2002
Inserted by Notification No. SO(O&M)S&GAD/3-15/2002, dated 29-10-2001.
Inserted by Notification No. SO(O&M)S&GAD/2-24/2005, dated 4-5-2006.
Inserted by Notification No. SO(O&M)S&GAD/8-16/2001, dated 1-8-2001.
Inserted by Notification No. SO(O&M)S&GAD/3-21/2002, dated 3-11-2001.
SCHEDULE-III[See Rule 17(1)]
TRANSFER OF OFFICERS
SCHEDULE-IV[See Rule 34]
LIST OF CASES TO BE SUBMITTED TO THE GOVERNOR FALLING WITHIN HIS DISCRETIONARY POWERS UNDER THE CONSTITUTION
All such information relating to the administration of the Province and all such proposals for legislation as the Governor may call for.
SCHEDULE-V[See Rule 36 (l)(a)]LIST OF CASES TO BE SUBMITTED TO THE GOVERNOR THROUGH THE CHIEF MINISTER
2. Determination of salaries, allowances and privileges of Provincial Ministers.3. Rules of Business - Framing or alteration thereof. 4. Report relating to the accounts of the Province.5. Reference to the Federal Public Service Commission.
6. Reference to the Council of Islamic Ideology whether a proposed law is or is not repugnant to the Injunctions of Islam.
7. Promulgation of Ordinances and proposals for legislation, including adaptation of existing laws.
8. Mercy petitions in Criminal cases.9. Summoning and prorogation of Assembly.10. Rules relating to the custody, etc. of Provincial Consolidated Fund and Public Account.
11. High Court:
12. Appeals and review petitions to Governor. 13. Rules of Procedure for Provincial Assembly.14. Application of laws to and framing of regulations for Provincially Administered Tribal Areas.
15. Advocate-General-Appointment, duties, terms and conditions and resignation from office.16. Resignation of Speaker.17. Assent to Bills other than Money Bills.18. Assent to Money Bills.19. Dissolution of Provincial Assembly except when an appeal to electorate is necessary.20. Postings and Transfers of Officers related to the Political Administration of the Agencies and Frontier Regions (FATA).
21. Administration of Advisors and Special Assistants to the Chief Minister.
[See Rule 36 (1) (b)]
LIST OF CASES TO BE SUBMITTED TO THE CHIEF MINISTER FOR APPROVAL BEFORE ISSUE OF ORDER
SCHEDULE-VII[See Rule 37 (2)]
LIST OF CASES TO BE SUBMITTED TO THE GOVERNOR FOR INFORMATION THROUGH THE CHIEF MINISTER
Substituted vide Establishment & Administration Department letter No. SO(O&M)E&A/8-6/2001, dated 30-05-2001.