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Government

GOVERNMENT OF Khyber Pakhtunkhwa

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

 

SHORT TITLE AND COMMENCEMENT.

 

These rules may be called the North-West Frontier Province Government Rules of Business, 1985.

They shall come into force at once.

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

 

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

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

“Business” means all work done by Government;

“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;

“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;

“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;

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

“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;

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

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

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

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

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

“Member” means a Member of the Assembly;

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

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

“Schedule” means a Schedule appended to these rules;

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

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

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

“Speaker” means the Speaker of the Assembly.

 

 

COMPOSITION OF DEPARTMENTS AND ALLOCATION OF BUSINESS

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

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.

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

The Chief Minister may, assign.-

A Department; or

Part of a Department; or

Part of different Departments; or

More than one Department; or

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.

 

ORGANIZATION OF DEPARTMENTS

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.

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.

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.

 

GENERAL PROCEDURE FOR DISPOSAL OF BUSINESS

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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


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.

 

 

ENFORCEMENT AND INTERPRETATION OF RULES.-

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.

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.

 

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

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

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.

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.

 



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