PART-B – DEPARTMENTAL PROCEDURE
CONSULTATION AMONGST VARIOUS DEPARTMENTS.
When the subject of a case concerns more than one Department: the Department incharge shall be responsible for consulting the other Departments concerned; and 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.
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.
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.
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.
THE ESTABLISHMENT AND ADMINISTRATION DEPARTMENT.-
It shall be the responsibility of the Chief Secretary to coordinate the work of all Departments of Government.
The Chief Secretary may call for any case or information from any Department or Attached Department.
The Establishment and Administration Department shall be responsible for: the determination of the principles of control of Government servants, including recruitment, conditions of service and discipline; the coordination of the policy of all Departments with respect to services under their control so as to secure consistency of treatment; securing to all Government servants the rights and privileges conferred on them by or under any law for the time being in force; and determining the strength and the terms and conditions of services of the personal staff of Ministers.
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: 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; re-organization or change in the status of offices in the Secretariat or Attached Departments; 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 Government servants.
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.
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.
CONSULTATION WITH FINANCE DEPARTMENT.-
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- 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; 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. Levy of taxes, duties, fees or cesses; Floatation of loans; re-appropriation within budget grants; alteration in financial procedure or in the method of compilation of accounts or of the budget estimates; and interpretation of rules made by the Finance Department.
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.
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.
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.
CONSULTATION WITH LAW, PARLIAMENTARY AFFAIRS AND HUMAN RIGHTS DEPARTMENT.-
The Law Department shall be consulted by the Departments.-
on all legal questions arising out of any case;
on the interpretation of any law;
before instituting criminal or civil proceedings in a court of law in which Government is involved; and
whenever criminal or civil proceedings are instituted against Government.
For any proposed legislation, the Law Department shall be consulted in accordance with the provisions contained in these rules.
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:-
a statement in the form of series of propositions detailing the provisions required to be made, or preferably, a draft bill; and
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.
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.
The Law Department shall be consulted by the Administrative Departments before the issue of the following:
any order, rules, regulations, notification, or bye-law in the exercise of statutory power; and
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.
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.
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.
Bills requiring assent or sanction of the President shall be referred to the Federal Government by the Law Department.
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.
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.
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.
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.
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.
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.
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.