Punjab Government Rule of Business 2011

Punjab Government Rule of Business 2011

OFFICE MEMORANDUM

Subject: Rule of Business

No. SO (CAB-I)2-3/2011. In exercise of the powers conferred under Article 139 of the Constitution of the Islamic Republic of Pakistan, Government of the Punjab is pleased to make the following Rules:

PART-A GENERAL

1. Short title and commencement: (1) These rules may be cited as the Punjab Government Rules of Business 2011.

(2)     They shall come into force at once.

Definitions: In these rules, unless the context otherwise requires:

• “Assembly” means the Provincial Assembly of the Punjab;
  • “Attached Department” means a department mentioned in column 3 of the First Schedule.
  • “Autonomous Body” means a Body mentioned in column 4 of the First Schedule.
  • “Business” means the work done by the Government;
  • “Cabinet” means the Cabinet of Ministers, with the Chief Minister at its head as mentioned in Article 130 of the Constitution.
  • “Case” means a particular matter under consideration and includes all papers pertaining to it and necessary for its disposal, such as correspondence and notes and any previous papers connected with the subject;
  • “Chief Secretary” means the officer notified as such in the Gazette, and includes Additional Chief Secretary in Services and General Administration Department;
  • “Company” means a company created in public sector as mentioned in the First Schedule.
  • “Constitution” means Constitution of the Islamic Republic of Pakistan;
  • “Department” means a self-contained administrative unit in the Secretariat responsible for the conduct of business of the Government in a distinct and specified sphere, and declared or constituted as such under the rules;
  • “District Coordination Officer”, “District Government” and “Executive District Officer” shall have the same meanings as are respectively assigned to them under the Punjab Local Government Ordinance, 2001 (XIII of 2001);
  • “Gazette” means the Official Gazette of the Province of the Punjab;
  • “Government “means Government of the Punjab;
  • “Governor” means Governor of the Punjab;
  • “Head of an Attached Department” means an officer shown in column 3 of the First Schedule.
• “Member” means a Member of the Assembly;
• “Minister”’ means a Minister appointed under Article 132 of the Constitution.
  • “Minister-in-Charge” means the Minister holding the charge of the Department to which a particular case pertains;
  • “Parliamentary Secretary” means a Parliamentary Secretary appointed by the Chief Minister for a Department or Departments.
  • “Province” means Province of the Punjab;
  • “Regional Office” means an office declared as such by the Government;
  • “rules” mean the Punjab Government Rules of Business 2011;
  • “Schedule” means a schedule appended to these rules;
  • “Secretariat” means the Departments of the Government when referred to collectively;
  • “Secretary” means the Secretary or Acting Secretary to Government in- charge of a Department or part of a Department and includes the Chief Secretary, the Additional Chief Secretary, the Special Secretary and the Additional Secretary in-charge of a Department;
• (aa) “Special Institution” means an institution mentioned as such in the First Schedule”

3. Allocation of Business:(1) The Secretariat shall consist of the Departments specified in column 2 of the First Schedule.

¹[(1a) The Commission, on reference from a Government Department, shall conduct test, examination or any other ancillary steps to advise the Government on eligibility and suitability of a class of persons, holding posts in connection with the affairs of the Province, for purposes of their appointment on regular basis in accordance with the policy of the Government.]

2. The Chief Minister may constitute new Departments or vary the composition or number of the Departments.

3. The business of the Government shall be distributed amongst several Departments in the manner indicated in the Second Schedule.

4. Notwithstanding anything in sub-rule (3), the Chief Minister may transfer any subject or matter from the Department to which it stands assigned in accordance with the Second Schedule to any other Department.

5. The Chief Minister may assign to a Minister a Department, or part of a Department, or parts of different Departments, or more than one Department.

6. A Department or part of a Department not assigned under sub-rule (5) shall be in the charge of the Chief Minister.

7. The Chief Minister may assign any function, subject or matter, in whole or in part, to a District Government to be discharged by its offices set up under the Punjab Local Government Ordinance, 2001(XIII of 2001).

4. Organization of Departments: (1) A Department shall consist of a Minister, a Secretary and such other officials as the Government may determine, provided that the same person may be the Minister or the Secretary for more than one Department.

(2) The Secretary shall, by a Standing Order, distribute the work of the Department among the officials, branches or sections of the Department.

5. Functions of the Chief Minister: (1) The Chief Minister shall –

• be the head of the Cabinet;
• coordinate all policy matters;
• perform functions assigned to him under the Constitution, any law or rules, including these rules;
  • keep the Governor informed on matters relating to Provincial administration and on all legislative proposals the Government intends to bring before the Assembly as required under Article 131 of the Constitution;
• • communicate to the Governor the decisions of the Cabinet relating to the administration of the Province and proposals for legislation; and
• submit for the reconsideration by the Cabinet any matter which the Governor requires to be so reconsidered in terms of Article 105 of the Constitution.

(2) The Chief Minister may call for any case or information from any Department, Attached Department or Regional Office.

6. Functions of the Minister: (1) A Minister shall

(a) be responsible for the policy matters and for the conduct of business of the Department;

(b) submit cases to the Chief Minister under these rules;

(c) keep the Chief Minister informed of important cases disposed of by him without reference to the Chief Minister; and

(d) conduct the Assembly business relating to his Department.

(2) Notwithstanding anything in sub-rule (1), the Minister shall consult the Chief Minister in important political, economic or administrative matters.

7. Advisors and Special Assistants: There shall be Advisors and Special Assistants to the Chief Minister to be appointed by him, for the performance of such duties and functions as may be specified from time to time.

8. Functions of the Parliamentary Secretary: (1) Subject to any general or special order issued by the Chief Minister, a Parliamentary Secretary for a Department shall deal with such parliamentary business or related functions concerning the Department as may be entrusted to him by the Minister.

(2) Notwithstanding anything in sub-rule (1), a Parliamentary Secretary shall not be required to undertake any functions involving interference in the internal working or administration of the Department, its Attached Department or Regional Office.

9. Functions of the Chief Secretary: (1) Subject to the rules, the Chief Secretary shall:

be the head of the Secretariat;

be the Secretary of the Cabinet;

be generally responsible for all matters affecting public tranquility;

co-ordinate and supervise the activities of all the Departments;

have the powers to call for any case or information from any Department, Attached Department, Regional Office, or a District Government.

(2)     All the cases submitted to the Chief Minister shall be routed back through the Chief Secretary.

10. Functions of the Secretary: (1) A Secretary shall:

• be the official head of the Department and be responsible for its efficient administration and discipline, for the conduct of business assigned to the Department and for the observance of laws and rules, including these rules, in the Department;
• be responsible to the Minister for the business of the Department and keep him informed about the working of the Department, and of important cases disposed of without reference to the Minister;
  • assist the Minister in the formulation of policy and bring to the notice of the Minister cases required to be submitted to the Chief Minister under the rules;
• execute the sanctioned policy;
  • submit, with the approval of the Minister, proposals for legislation to the Cabinet;
• • keep the Chief Secretary informed of important cases disposed of in the Department;
• • issue, subject to any general or special orders of the Government:

standing orders specifying the cases or class of cases which may be disposed of by an officer subordinate to the Secretary; and

specific orders and instructions to its officers for the conduct of the business assigned to a District Government.

2. While submitting a case for the orders of the Minister, the Secretary shall suggest a definite line of action.

3. Where the Minister’s orders appear to contravene any law, rules, regulations or Government policy, the Secretary shall resubmit the case to the Minister inviting his attention to the relevant law, rules, regulations or Government policy, and if the Minister disagrees with the Secretary, the Minister may refer the case to the Chief Minister for orders.

11. General Procedure for Disposal of Business: (1) Services and General Administration Department shall issue Secretariat Instructions about the manner of disposal of the business of the Secretariat.

1. If any doubt 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, and the orders thus passed shall be final.
2. All orders shall be in writing; however, in case of a verbal order, the officer receiving the order shall reduce it in writing and, as soon as may be, submit it to the authority making the order for confirmation.
3. If an order contravenes any law, rules, regulations or Government policy, the authority next below the authority making such order shall point it out to the authority making the order and if the latter does not agree, it shall refer the case to the next higher authority for appropriate decision.

12. Orders, Instruments, Agreements and Contracts: (1) All executive actions of the Government shall be expressed to be taken in the name of the Governor.

1. Save in cases where an officer has been specifically empowered by the Chief Minister to sign an order or instrument on behalf of the Government, every order or instrument shall be signed by the Secretary, Special Secretary, Additional Secretary, Deputy Secretary, Section Officer, Officer on Special Duty or any other officer notified by the Department concerned, and such signature shall be deemed to be proper authentication of such order or instrument.
2. Law and Parliamentary Affairs Department may issue Instructions for making and execution of contracts and assurances of property.

PART-B

REFERENCE TO THE GOVERNOR OR THE CHIEF MINISTER

13. Reference to the Governor: (1) No order shall be issued without the approval of the Governor in cases mentioned in Part-A of Third Schedule.

14. Reference to the Chief Minister: (1) No order shall be issued without the approval of the Chief Minister in a case involving policy decision or departure from a policy decision or in a case mentioned in Part-A of Seventh Schedule.

Explanation: The `departure from a policy decision’ includes departure from a previous decision of the Cabinet or the Chief Minister.

• A case submitted to the Chief Minister for his orders shall include a self contained, concise and objective summary stating the relevant facts and the points for discussion and the specific recommendations of the Minister-in-Charge. It shall also carry a draft communication, wherever appropriate.
• The cases mentioned in Part-B of Seventh Schedule shall be submitted to the Chief Minister for information.

The Chief Minister may, by general or special order, require any other case to be submitted to him or he may call for any case or information from any Department, Attached Department, Regional Office, or a District Government

15. Reference to the Chief Minister: (1) No order shall be issued without the approval of the Chief Minister in a case involving policy decision or departure from a policy decision or in a case mentioned in Part-A of Seventh Schedule.

Explanation: The `departure from a policy decision’ includes departure from a previous decision of the Cabinet or the Chief Minister.

• A case submitted to the Chief Minister for his orders shall include a self contained, concise and objective summary stating the relevant facts and the points for discussion and the specific recommendations of the Minister-in-Charge. It shall also carry a draft communication, wherever appropriate.
• The cases mentioned in Part-B of Seventh Schedule shall be submitted to the Chief Minister for information.
• The Chief Minister may, by general or special order, require any other case to be submitted to him or he may call for any case or information from any Department, Attached Department, Regional Office, or a District Government.

PART-C

DEPARTMENTAL PROCEDURE

1. Consultation among Departments: (1) When the subject of a case concerns more than one Department:
   1. the Department in-charge shall be responsible for consulting the other concerned Departments; and
   1. no orders shall issue and no case shall be submitted to the Chief Minister or the Cabinet, until it has been considered by all the concerned Departments.
2. In cases of urgency, the Chief Minister may dispense with the requirement of sub-rule (1), but the case shall, at the earliest opportunity thereafter, be brought to the notice of the concerned Departments.
3. In the event of difference of opinion between the Departments, the Minister primarily concerned with the case shall submit it to the Chief Minister:

Provided that in a matter of urgency, the Minister primarily concerned may submit the case to the Chief Minister at any stage.

• When a case is referred by one Department to another for consultation, all relevant facts and the points necessitating the reference shall be clearly brought out.
• Even where consultation is not required, a Department may, for purposes of information, transmit copies of communication received by it or show a case to such other Departments as may be interested in, or benefit from, it.
• The copies of Cypher telegrams received or dispatched by the Cypher Bureau shall be distributed in accordance with the standing orders issued by the Chief Secretary.
• A Minister may ask to see a case of another Department if it is required for the disposal of a case in his Department.
• The Minister for Finance may ask to see a case of another Department if it is required for the disposal of a case in his Department.
• The Minister for Finance may ask to see a case of any Department in which a financial consideration is involved.

17. Services and General Administration Department: (1) Services and General Administration Department shall:

• determine the principles of control of the Government servants, including recruitment, conditions of service and discipline;
  • co-ordinate the policy of all Departments with respect to the services under their control for purposes of consistency of treatment;
  • secure the rights and privileges conferred on the Government servants under any law;
  • determine the number and the terms and conditions of service of the personal staff of the Ministers;
  • deal with the petitions from the members of All Pakistan Services addressed to the Federal Government;
  • select officers, other than to the rank of Secretary and above, for appointment under the Federal Government;
  • serve as Secretariat of the Chief Minister and his Cabinet; and
• deal with the matters relating to Council of Common Interests and Inter Provincial Coordination.

No Department shall, without the concurrence of Services and General Administration Department, authorize any orders, other than an order in pursuance of any general or special delegation made by Services and General Administration Department, which involve:

• reduction or extension in the scope of functions of a Department as specified in Second Schedule or the transfer of such functions from one Department to another;
• re-organization or change in the status of Departments, Attached Departments and Regional Offices directly administered by a Department;
• interpretation of rules and orders relating to service matters other than rules and orders issued by the Finance Department; and
• any change in the terms and conditions of service or the statutory rights and privileges of the Government servants.
• No orders in respect of emoluments, promotion or conditions of service of any officer employed in the Finance Department shall be made and no proposal of expenditure relating to that Department shall be sanctioned without prior concurrence of Services and General Administration Department.
• The Chief Secretary shall perform, in respect of the matters mentioned in sub-rule (3), the functions of the Secretary of Finance Department.

18. Chief Minister’s Inspection Team: (1) Notwithstanding anything to the contrary contained in these rules, the Chairman of Chief Minister’s Inspection Team shall be directly responsible to the Chief Minister and shall conduct business under his orders.

(2) The Chief Minister’s Inspection Team shall be deemed to be a Department and its Chairman, the Secretary of the Department.

19. Home Department: (1) The Home Secretary shall keep the Chief Secretary generally informed of all matters affecting public tranquility.

(2)    The Minister-in-charge shall submit to the Chief Minister, all cases likely to have major political repercussions.

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

• 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;
  • expenditure for which no provision exists;
  • a change in the number or nomenclature or basic scale of a post or in the terms and conditions of service of the Government servants or their statutory rights and privileges which have financial implications;
  • levy of taxes, duties, fees or cases;
  • floatation of loans;
  • re-appropriation within the budget grants;
  • alteration in financial procedure or in the method of compilation of accounts or of the budget estimates; or
• interpretation of rules made by Finance Department.
• No amendment in, or interpretation of, such civil services rules as have no financial implication shall be made by Finance Department without the prior concurrence of Services and General Administration Department.
• No proposal, which requires previous consultation with Finance Department under the rules but in which that Department has not concurred, shall be proceeded with unless a decision to that effect has been taken by the Cabinet. Formal orders shall, nevertheless, issue only after Finance Department has exercised scrutiny over the details of the proposal.
• Except to the extent that powers may have been delegated to the Departments under the rules framed by Finance Department, every order of an Administrative Department conveying a sanction to be enforced in audit shall be communicated to the audit authorities through Finance Department.

• No amendment in, or interpretation of, such civil services rules as have no financial implication shall be made by Finance Department without the prior concurrence of Services and General Administration Department.
• No proposal, which requires previous consultation with Finance Department under the rules but in which that Department has not concurred, shall be proceeded with unless a decision to that effect has been taken by the Cabinet. Formal orders shall, nevertheless, issue only after Finance Department has exercised scrutiny over the details of the proposal.

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

21. Consultation with Law and Parliamentary Affairs Department:  (1) Law and Parliamentary Affairs Department shall be consulted by other Departments.

(a) on matters pertaining to substantive legislation;

(b) on matters concerning delegated legislation, such as rules, regulations, bye-laws, agreements and Memoranda of Understanding (MOUs);

(c) on the interpretation of substantive or delegated legislation;

(d) on legal questions arising out of any case;

(e) before instituting civil proceedings in a court of law in which the Government is involved; and

(f) whenever civil proceedings are instituted against the Government.

2. For any proposed legislation, substantive or delegated, Law and Parliamentary Affairs Department shall be consulted in accordance with the provisions contained in Part-F of these rules.

3. Except as provided in sub-rule (4), Law and Parliamentary Affairs Department is not, in respect of legislation, substantive or delegated, an originating office, and its proper function is to put into correct legal form the proposed legislation.

4. Codification of substantive laws or legislation 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 by Law and Parliamentary Affairs Department. That Department shall, however, consult the concerned Department, which shall consider the draft legislation in its bearing on administration, make such inquiries and consultations as may be necessary and tender advice to Law and Parliamentary Affairs Department accordingly.

5. The Department interested in consulting the Advocate General shall draw up specific points on which the opinion of the Advocate General is desired and shall send a self-contained reference to Law and Parliamentary Affairs Department for consulting the Advocate General.

³[Provided that in cases involving urgency, or where public interest so demand, the Department concerned may, after recording the reasons for the urgency or, as the case may be, public interest involved, forward such specific points directly to the Advocate General for legal opinion.]

6. In cases where the Department desires to consult the Advocate General Punjab through Law &Parliamentary Affairs Department, the Law & Parliamentary Department shall first record its comprehensive opinion on the points of law on which opinion is sought before forwarding the reference to the Advocate General for his opinion.]

7. If there is disagreement between the views of the Advocate General and Law and Parliamentary Affairs Department, their views shall be conveyed verbatim to the concerned Department, and if that Department does not accept the view of Law and Parliamentary Affairs Department, the case shall be submitted to Minister for Law and Parliamentary Affairs for submission to the Cabinet for decision.

8. No Department shall engage a private counsel for representing it in any case before the High Court, Federal Shariat Court or the Supreme Court of Pakistan, except with the prior permission of the Law & Parliamentary Affairs Department and its approval by the Advocate General.

21. Reference from the Heads of Regional Offices, Heads of Attached Departments and District Governments to the Departments:

(1) The Heads of Regional Offices, the Heads of Attached Departments or District Governments, as the case may be, shall submit cases for approval of the Government through a self- contained reference giving all the information and details necessary for an appropriate decision.

(2) The cases referred to the Administrative Department by the Attached Department shall ordinarily be settled through personal discussion between the Head of the Attached Department and the Secretariat Officers dealing with the case.
PART-D

SERVICES

22. Appointments, Postings, Promotions and Transfers: (1) Approval of the Chief Minister will be obtained before issue of orders in cases relating to appointments, promotions, postings and transfers to posts mentioned in Fourth Schedule.

1. Transfers of Government servants shown in column 2 of Fifth Schedule shall be made by the Authority shown against each in column 3 thereof.
2. Services and General Administration Department shall be consulted, if it is proposed to:
3. transfer the holder of a tenure post before the completion of tenure or extend the period of his tenure; and
4. require an officer to hold charge of more than one post for a period exceeding four months.

The normal tenure of posts specified in column 2 of Sixth Schedule shall be as shown against such posts in column 3 thereof.

PART-E

CABINET PROCEDURE

23. Cases to be brought before the Cabinet: (1) The following cases shall be brought before the Cabinet:

• proposals for substantive legislation, official or non-official, including Money Bills;
  • promulgation or withdrawal of Ordinances;
  • the budget position and proposals before the presentation of the Annual Budget and other financial statements;
  • proposals for the levy of new taxes;
  • cases involving vital political, economic and administrative policies;
  • cases which a Minister considers important enough for reference to the Cabinet;
  • important reports and documents required to be laid before the Assembly;
  • other cases required to be referred to the Cabinet under the provision of these rules;
• any case desired by the Chief Minister to be referred to the Cabinet; and
• the cases required by the Governor to be reconsidered by the Cabinet in terms of Article 105 of the Constitution.

24. Methods of disposal by the Cabinet.- (1) The cases referred to the Cabinet shall be disposed of:by discussion at a meeting of the Cabinet;

by circulation amongst the Ministers; and

by discussion at a meeting of a Committee of the Cabinet.

2. Unless the Cabinet authorizes otherwise, the decisions of a Committee of the Cabinet shall be ratified by the Cabinet.

3. The Cabinet may constitute Standing or Special Committees of the Cabinet and may assign to each a class of cases or a particular case