Punjab Government Rules of Business, 1974
|3.||Allocation of Business|
|4.||Organization of the Department|
|5.||Functions of the Chief Minister|
|6.||Functions of the Ministers;|
|6-A||Advisors and Special Assistants|
|7.||Duties of the Parliamentary Secretaries|
|8.||Functions and Powers of the Chief Secretary|
|9.||Duties and functions of the Secretary|
|10.||General procedures for disposal of business|
|11.||Orders, instruments, agreements and contracts|
References to the Chief Minister and the Governor
|12.||Reference to the Governor|
|12-A||Reference to the Chief Minister|
|13.||Consultation among Departments|
|14.||Services, General Administration and Information Department|
|14-A.||Department of Chief Minister’s Inspection Team|
|15.||Home Department-Manner of submission certain cases|
|16.||Consultation with Finance Department|
|17.||Consultation with Law & Parliamentary Affairs Department|
|18.||Reference from the Heads of Regional Offices, Heads of Attached Departments and District Governments to the Departments|
|20.||Public Service Commission|
|21.||Appointments, Postings, Promotions and Transfers Tenure|
|22.||Cases to be brought before the Cabinet|
|23.||Methods of disposal by the Cabinet|
|24.||Manner of submission of cases to the Cabinet|
|25.||Procedure regarding Cabinet decisions by circulation|
|26.||Procedure regarding Cabinet meetings|
|27.||Procedure regarding Committees of Cabinet|
|28.||Action of Cabinet decisions|
|29.||Secrecy of Cabinet Proceedings|
|30.||Custody of Cabinet Papers|
|32.||Non-official Bill and Amendments|
Relations with the Assembly
|34.||Rules of Assembly|
|35.||Summoning of the Assembly|
|36.||Prorogation of the Assembly|
|37.||General provisions regarding bills, etc.|
|38.||Resolutions and Motions|
|41.||Protection in communication of official information|
|42.||Channel of Correspondence|
List of Departments
Distribution of Business among Departments
List of cases relating to Appointments, Promotions, Postings and Transfers to be submitted to the Chief Minister before issue of Orders.
Transfer of officers – Authorities competent to make
Punjab Government Rules of Business, 1974
- Short Title
(1) These rules may be called the Punjab Government Rules of Business, 1974.
(2) They shall come into force at once.
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 Schedule-I;
iii. “Autonomous body” means a body mentioned in column 4 of Schedule-I;
- “Business” means work done by Government;
- “Case” a particular matter under consideration and includes all papers relating to it and necessary to enable the matter to be disposed of, viz. correspondence and notes and also any previous papers on the subjects covered by it or connected with it;
- “Chief Secretary” means the officer notified in the Gazette, and includes the Additional Chief Secretary in the Services, General Administration and Information Department;
vii. “Constitution” means the Constitution of the Islamic Republic of Pakistan;
viii. “Cabinet” means the Cabinet of Ministers as defined in the Constitution;
- “Department” means a self-contained Administrative unit in the Secretariat responsible for the conduct of the business of the Government in a distinct and specified sphere, and declared as such by Government;
“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 the Government of the Punjab;
xii. “Governor” means the Governor of the Punjab;
xiii. “Head of an Attached Department” means an Officer shown in column 3 of Schedule-I;
xiv. “Member” means a Member of the Assembly;
- “Minister-in-Charge” means the Minister holding the charge of the Department to which a particular case pertains;
xvi. “Parliamentary Secretary” means a Parliamentary Secretary appointed for the Department or Departments concerned;
xvii. “Province” means the Province of the Punjab;
xviii. “Public Service Commission” means the Punjab Public Service Commission;
xix. “Regional Office” an Office declared as such by Government;
- “Rules” means the Punjab Government Rules of Business, 1974;
xxi. “Schedule” means a schedule appended to these rules;
xxii. “Secretariat” means the Departments of the Government when referred to collectively;
xxiii. “Secretary” means the Secretary or Acting Secretary to Government in-charge of a Department and includes the Secretary, Additional Chief Secretary, Additional Secretary and Joint Secretary in-charge of a Department;
xxiv. “Section” means a basic working unit in a Department as determined by Government; and
xxv. “Speaker” means the Speaker of the Assembly.
- “Special Institution” means an institution mentioned as such in Schedule-1.
- Allocation of Business
- The Secretariat shall consist of the Departments specified in column 2 of Schedule-I;
- The Chief Minister may 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 transfer any subject or matter from a 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
- Parts of different Departments; or
- More than one Department; or
- One or more Department 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-charge of the Chief Minister.
- Organization of the Department
- Each Department shall consist of a Minister, a Secretary and of such other officials as the Government may determine provided that the same person may be Secretary to more than one Department.
- The Secretary shall, by means of a standing order, distribute the work of the Department among the officers, branches and/or sections of the Department.
- Functions of the Chief Minister
- The Chief Minister shall:-
- a. be the head of the Cabinet;
- b. be responsible for co-ordination of all policy matters;
- c. perform other functions assigned under the Constitution and these rules;
- d. have the powers to call for any case or information from any office, Attached Department or Departments;
- e. communicate to the Governor all decisions of the Cabinet related to the administration of the affairs of the Province and proposals or legislation;
- f. furnish such information related to administration of affairs of the Province and proposals for legislation as the Governor may call for;
- if the Governor so requires, submit for the consideration of the Cabinet any matter on which a decision has been taken by the Chief Minister or Minister but which has not been considered by the Cabinet; and
- if the Governor so requires, submit for the reconsideration of the Cabinet, any matter on which advice has been tendered by the Cabinet, and the Governor shall act in accordance with advice tendered by the Cabinet after such re-consideration.
- No order shall be issued without the approval of the Chief Minister in cases enumerated in Part A of Schedule-VII.
- The cases enumerated in Part B of Schedule VII shall be submitted to the Chief Minister for his information. The Chief Minister may require any other case to be submitted to him for information.
- Function of the Minister
A Minister shall:-
- a. responsible of policy matters and for the conduct of business of his Department;
Provided that in important political, economic or administrative matters, the Minister shall consult the Chief Minister;
- b. submit cases to the Chief Minister as required by the provisions of these rules;
- keep the Chief Minister informed of any important case disposed off by him without reference to the Chief Minister; and
- d. conduct the Business relating to his Department in Assembly.
6-A Advisors and Special Assistants
There shall be advisors and special Assistants to the Chief Minister to be appointed by him for he performance of such duties and functions as may be specified from time to time. They shall hold their respective offices during the pleasure of the Chief Minister who shall also determine terms and conditions of their appointment.
- Duties of Parliamentary Secretary
A Parliamentary Secretary for 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 as may be entrusted to him by the Minister and perform such public relations and functions as may be entrusted to him by the Minister:
Provided that a Parliamentary shall not be required to under take any functions which may entail any interference in the internal working or administration of a Department, Attached Department or a Regional Office.
- Functions and Powers of the Chief Secretary
In addition to the duties and functions assigned to him under other provisions of these rules, the Chief Secretary shall:-
- a. be the official head of these Secretariat;
- b. co-ordinate the activities of all Departments in the administrative fields and for this purpose, all cases submitted to the Chief Minister shall be routed through the Chief Secretary;
- c. shall be responsible for all matters affecting public tranquility;
- d. have the powers to call for any case or information from any office, Attached Department, Department or a District Government ; and
- e. be the Secretary of the Cabinet.
- Duties and Functions of Secretary
- A Secretary shall:-
- a. assist the Minister in formulation of policy and bring to the notice of the Minister cases which are required to be submitted to the Chief Minister under the rules;
- b. duly execute the sanctioned policy;
- c. be the official head of the Department and be responsible for its efficient administration and discipline, and for the proper conduct of business assigned to the Department under rule 3;
- d. submit all proposals for legislation to the Cabinet with the approval of the Minister;
- be responsible to the Minister for the proper conduct of the business of the Department and keep him informed about the working of the Department and of any important cases disposed of without reference to the Minister;
- f. keep the Chief Secretary informed of important cases disposed of in the Department;
- where the Minister’s orders appear to involve a departure from rules, regulations or Government policy, resubmit the case to the Minister inviting his attention to the relevant rules, revelations or Government policy and if the Minister still disagrees with the Secretary, the Minister shall refer the case to Chief Minister for orders;
- subject to any general or special orders of Government in this behalf, issue standing orders specifying the cases or class of cases which may be disposed of by an officer subordinate to the Secretary;
- i. be responsible for the careful observance of these rules in his Department.
- j. subject to any general or special order of government, issue specific orders and instructions to its officers for conduct of the business assigned to the District Government.
- While submitting a case for the order of the Minister, it shall be duty of the Secretary to suggest a definite line of action.
- General Procedure for Disposal of Business
- Instructions as to the manner of disposal of the business of the Secretariat shall be issued by the services, General Administration and Information Department in the form of Secretariat instructions.
- 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.
- All orders shall be made in writing. Where a verbal order made, the officer receiving the order shall reduce it in writing and as soon as may be, show it to the authority making the order.
- If an order contravenes any law, rule or policy decision it shall be the duty of the officer next below making such order to point it out to the officer making the order and the latter shall refer the case to next higher authority.
- Orders, Instruments, Agreements and Contracts
- 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 order or instrument shall be signed by the Secretary, Additional Secretary, Joint Secretary, Under Secretary, Section Officer or Officer on Special Duty in the Department concerned, and such signature shall be deemed to be proper authentication of such order or instrument.
- Instructions for the making of contracts on behalf of the Governor and the execution of such contracts and all assurances of property shall be issued by the Law & Parliamentary Affairs Department.
References to the Chief Minister and the Governor
- Reference to the Governor
- Notwithstanding the provisions made in these rules, where in terms of any provisions of the Constitution, any function is to be performed or any orders have to be issued by the Governor or his specific approval is required, the Department concerned shall incorporate a paragraph to this effect in the Summary titled as “Summary for the Chief Minister”. The Chief Minister shall tender his advice and submit the case to the Governor. After the Governor has seen and approved the case, it shall be returned to the Chief Minister. The cases to which this sub-rule applies are enumerated in Part A of Schedule-III;
- The cases enumerated in Part B of Schedule III shall be submitted to the Governor for his information through the Chief Minister.
- Notwithstanding the provisions made in these rules, where in terms of any provisions of the Constitution, any function is to be performed or any orders have to be issued by the Governor in his discretion, the Department concerned shall submit the case to the Governor through the Chief Minister in the form of a self-contained, concise and objective summary tilted as “Summary for the Governor” stating the relevant facts and points for decision prepared on the same lines as those prescribed in these rules for a Summary for the Cabinet except that only one copy will be required which may not be printed. This procedure will not, however, be applicable where the case is initiated by the Governor himself and decided in consultation with the Chief Minister. The cases to which this sub-rule applies are enumerated in Part C of Schedule-III.
- The Chief Minister shall keep the Governor informed of all important, Political and administrative matters and major developments in the fields of planning, economic development and industrialization, etc.
12-A Reference to the Chief Minister
- No order shall be issued without the approval of the Chief Minister in:-
- a. cases involving important policy or departure from important policy;
Note: Departure from policy includes departure from a previous decision of the Cabinet or Chief Minister.
- b. cases enumerated in Part A of Schedule-VII;
- Cases enumerated in Part B of Schedule-VII shall be submitted to the Chief Minister for his information. Chief Minister may require any other case to be submitted to him for information.
- Consultation among Departments
- When the subject of a case concerns more than one Department
- a. the Department in-charge shall be responsible for consulting the other Departments concerned; and
- b. no orders shall issue nor shall the case be submitted to the Chief Minister or the Cabinet, until it has been considered by all the Departments concerned:
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 other Departments concerned.
- In the event of difference of opinion between the Departments concerned, the Minister primarily concerned shall submit the case to the Chief Minister;
Provided that in a matter of urgency, the Minister primarily concern 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 purpose of information, transmit copies of a communication received by it, or show a case, to such other departments as may be considered to be interested in or to be profit by it:
Provided that copies of cipher telegrams received or dispatched by the Cipher Bureau shall be distributed in accordance with 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 any Department in which a financial consideration is involved.
- Requests made under sub-rule(5) or sub-rule(6) shall give the reasons for which the case is required and shall be dealt with under the general or special orders of the Minister-in-Charge. If, for any reason, the case, or relevant extract from it, cannot be made available, the Minister shall explain the position to the Minister making the request or bring the matter to the notice of the Chief Minister, if necessary.
- If a Minister desires any further action to be taken on the case of another Department, he shall take up the matter with the Minister-in-Charge of that Department.
- Services, General Administration and Information Department
- The Services, General Administration and Information Department shall be responsible for:-
- a. the determination of the principles of control of Government servants, including recruitment, conditions of service and discipline;
- b. the coordination of the policy of all departments, with respect to the services under their control so as to secure consistency of treatment;
- c. securing to all Government servants the rights and privileges conferred on them by law for the time being in force;
- d. determining the strength and the terms and conditions of services of the personal staff of Ministers;
- e. dealing with petitions addressed to the President of Pakistan by the members of All Pakistan Services;
- f. selection of officers for appointment under the Federal Government (other than to the rank of Secretary and above); and
- g. serving as Secretariat of the Chief Minister.
- No department, shall without the concurrence of the Services, General Administration and Information Department, authorize any orders other than an order in pursuance of any general or special delegation made by the Services, General Administration & Information Department which involve:
- a. reduction or expansion in the scope of functions of a Department as specified in Schedule II or the transfer of such functions from one Department to another;
- b. re-organization or change in the status of Departments, Attached Departments and Regional Offices directly administered by the Department;
- c. interpretation of rules and orders relating to service matters other than rules and orders issued by the Finance Department; and
- d. any change in terms and conditions of service or the statutory rights and privileges of Government servants.
- No orders in respect of emoluments, promotions or conditions of service of any officer employed in the Finance Department shall be made and no expenditure proposal relating to that Department shall be sanctioned without prior concurrence of the Services, General Administration and Information Department. The Chief Secretary shall perform, in respect of such matters, the functions of the Secretary, Finance Department.
14-A. Department of Chief Minister’s Inspection Team
- The Chairman of the Chief Minister’s Inspection Team shall be Head of the Department and shall be of the status of a Secretary.
- Notwithstanding anything to the contrary contained in any other rule, the Chairman of the Chief Minister’s Inspection Team shall be responsible only to the Chief Minister and may deal with and work directly under the orders of the Chief Minister.
- Home Department-Manner of submission certain cases
The Home Secretary shall keep the Chief Secretary generally informed of all matters affecting public tranquility. The Minister-in-Charge shall submit to the Chief Minister, 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 he finance of the Province, or which in particular involve:-
- a. 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;
- b. expenditure for which no provision exists;
- a change in the number or grading of posts or in terms and conditions of service of Government servants or their statutory rights and privileges which have financial implications;
- d. levy of taxes, duties, fee or ceases;
- e. floatation of loans;
- f. re-appropriations within budget grants;
- g. alteration in financial procedure or in the method of compilation of accounts or of the budget estimates; or
- h. interpretation of rules made by the Financial Department.
- No amendment or interpretation of such rules of the Civil Services Rules as have no financial implication shall be made by the Finance Department without the prior concurrence of the Services, General Administration & Information 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 effect has been taken by the Cabinet. Formal orders shall, nevertheless, issue only after the Finance Department has exercised scrutiny over the details of the proposal.
- Except to the extent that powers 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 Department
- The Law and Parliamentary Affairs Department shall be consulted by other Departments:-
- a. on all legal questions arising out of any case;
- b. on the interpretation of any law;
- c. before instituting criminal or civil proceedings in a court of law in which Government is involved; and
- d. whenever criminal or civil proceedings are instituted against Government.
- For any proposed legislation, the Law and Parliamentary Affairs Department shall be consulted in accordance with the provisions contained in Part F of these rules.
- Except as provided in sub-rule(4), the Law & Parliamentary Affairs Department is not, in respect of legislation, an originating office, and its proper function id to put into correct form all proposed legislation.
- Codification of substantive laws and 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 the Law & Parliamentary Affairs Department. The Law & Parliamentary Affairs Department shall, however, consult the Administrative Department concerned, which shall consider the draft legislation in its bearing on administration, make such inquiries and consultations as may be necessary and tender advice to the Law & Parliamentary Affairs Department accordingly.
- No department shall consult the Advocate General of the Province, except through the Law & Parliamentary Affairs Department, and in accordance with the procedure laid down by that department. The department shall 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 & Parliamentary Affairs Department, their views shall e conveyed verbatim to the Department concerned, and if the Department concerned does not accept the view of Law & Parliamentary Affairs Department, the case shall be submitted to Minister of Law & Parliamentary Affairs Department for his decision who may, on his discretion, take the case to the Cabinet.
- References from Heads of Regional Offices and Head of Attached Departments
Cases requiring the approval of Government shall be referred in as complete a form as possible to the department concerned by the Heads of Regional Offices, the Heads of Attached Departments or District Governments as the case may be. Cases referred to the Administrative Department by the Attached Department, shall ordinarily be settled through personal discussion between the Head of Attached Department and Secretariat Officers dealing with the case.
- Secretaries Committee
- There shall be constituted a Secretaries Committee with the Chief Secretary as the Chairman, to facilitate co-ordination among the departments, to provide avenue for the consideration of matters of common interest and to tender advice on any case that may be referred to the Cabinet, Chief Minister or a Minister.
- A Secretary, who wishes a particular matter to be discussed in the Secretaries’ meeting shall advice the Services, General Administration and Information Department of his intensions of doing so and forward forty copies of a brief note on a subject which would form the basis of the discussion.
- The Services, General Administration and Information Department shall issue notice of a meeting together with the agenda, well in advance of the meeting; provided that urgent items may be considered at short notice.
- Secretaries meetings shall be only attended Secretaries and Additional Secretaries of Departments.
- Minutes of the meeting shall be recorded (except in those cases where a record may not be considered necessary) by an officer of the Services, General Administration and Information Department who shall attend the meeting for the purpose, and shall be circulated after approval by the Chief Secretary, as soon as possible.
- Conclusions reached at the meeting of the Secretaries’ Committee shall not be taken as decision of the Government. Any further action required shall be taken by the department concerned in accordance with the
- Public Service Commission
The advice of the Public Service Commission shall ordinarily be accepted by the departments in all matters where it is obligatory to consult the Commission under any law or any rules or regulations for the time being in force.
- Appointments, Postings, Promotions and Transfers
- Approval of the Chief Minister will be obtained before issue of orders in cases relating to appointments, promotions, postings and transfer to posts mentioned in Schedule IV.
- Transfer of civil servants shown in column I of Schedule V shall be made by the Authority shown against each in column 2 thereof.
- The Services, General Administration and Information Department shall be consulted if it is proposed to:
- a. transfer the holder of a tenure post before the completion of tenure or extend the period of his tenure; and
- b. require an officer to hold charge of more than one post for a period exceeding four months. Tenure
- The normal tenure of posts specified in column I of Schedule VI shall be as shown against such posts in column 2 thereof.
- Cases to be brought before the Cabinet
- The following cases shall be brought before the Cabinet:-
- a. proposals for legislation, official or non-official including Money Bills;
- b. promulgation and withdrawal of Ordinances;
- c. the budget position and proposals before the presentation of the Annual Budget and other financial statements;
- d. proposals for the levy of new taxes;
- e. cases involving vital political, economic and administrative policies;
- f. cases which a Minister considers important enough for reference to the Cabinet;
- g. important reports and documents required to be laid before the Assembly;
- h. other cases required to be referred to the Cabinet under the provision of these rules;
- i. any case desired by the Chief Minister to be referred to the Cabinet; and
- 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, if so desired by the Governor.
- Notwithstanding the provisions of sub-rule(1) the Chief Minister may, in cases of urgency or other exceptional circumstances, give directions as to the manner of disposal of a case, without prior reference to the Cabinet, but such case shall be reported to the Cabinet at the earliest opportunity thereafter.
- Methods of disposal by the Cabinet
- Cases referred to the Cabinet shall be disposed of:-
- a. by discussion at meeting of the Cabinet;
- b. by circulation amongst Ministers; and
- c. by discussion at the meeting of a Committee of the Cabinet:
Provided that the decisions of the Committee shall be ratified by the Cabinet has authorized otherwise.
- Committees of the Cabinet may be constituted, and terms of reference of the Committee determined by the Cabinet. Such Committees may be standing or special committees accordingly as they are appointed to deal with a class of cases or a particular case.
- Manner of submission of cases to the Cabinet
- 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 (thereinafter referred to as the summary), giving the ground and relevant facts, the point of discussion and the recommendations of the Minister.
- In 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.
- In case of proposed legislation to which approval in principle is sought, the summary shall bring out clearly the main features of the legislation.
- 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 the other departments concerned simultaneously with the transmission of the summary to the Cabinet.
- No summary containing a proposal involving financial implications shall be submitted to the Cabinet unless the Financial Department has been consulted and its views incorporated in the summary.
- 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 and Parliamentary Affairs Department and no change shall be made therein without bringing to the notice of that Department.
- 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.
- The Services, General Administration and Information Department shall satisfy itself that the papers submitted by the Secretary are complete and in appropriate form. It shall ordinarily return a case which does not meet the requirements of these rules or of any other instructions on the subject.
- Procedure regarding Cabinet decisions by circulation
- When a case is circulated to the Cabinet for recording opinion, the Chief Secretary shall specify the time by which the opinion should be communicated to him. If a Minister does not communicate his opinion by that time, it shall be assumed that he accepts the recommendations contained in the summary.
- After the opinions have been received, or the time specified has expired, the Chief Secretary shall:-
- in the event of full agreement to the recommendation in the summary, treat it as a Cabinet decision and proceed further in terms of rule 26(10); and
- in the event of a difference of opinion, obtain the direction of the Chief Minister whether the case shall be discussed at a meeting of the Cabinet or the recommendation of the majority of the Ministers be accepted and Communicated as Cabinet decision.
If the Chief Minister directs that the recommendations of majority of Ministers be accepted as a Cabinet Decision, the Cabinet Secretary shall act in terms of rule 26(10) and if the Chief Minister directs that the case shall be discussed at a meeting of the Cabinet, the Chief Secretary shall circulate the opinion recorded by the Ministers in the form of a supplementary summary.
- Reports made to the Cabinet and other cases submitted only for information, shall normally be disposed of by circulation.
- Procedure regarding Cabinet meetings
- Meetings of the Cabinet to discuss ordinary business shall normally be held once a week, on any day to be fixed by the Chief Minister:
Provided that the Chief Minister may call a special meeting of the Cabinet on any day to discuss urgent business or vary the time or date on which a meeting is to be held.
- A Minister shall so arrange his tour that he is able to attend the weekly Cabinet meetings, unless he has obtained the Chief Minister’s permission to absent himself in which case the Secretary of his department should be invariably be in attendance at the Cabinet meeting, if any item relating to his Department is on the agenda of the meeting.
- The Chief Minister shall preside at all meetings of the Cabinet:
Provided that the absence of the Chief Minister, the senior most Minister shall preside.
- The Chief Secretary shall ordinarily issue to the Ministers, three days in advance of the meeting, the agenda of the meeting, together with the summaries relating to the items on the agenda. In case of special meetings, a shorter notice may issue.
- No case shall be discussed in the Cabinet unless a summary relating to it has first been circulated:
Provided that the Chief Minister may dispense with the requirement of this sub-rule if he is satisfied that the summary could not be circulated.
- The Secretary shall be informed of the items on the agenda of the Cabinet meeting pertaining to his Department and shall, unless otherwise directed, attend the meeting of the Cabinet, in which the case is under consideration.
- If, in absence of the Minister from headquarters, the Secretary concerned considers that the discussion on a case should await the Minister’s return, he may request the Chief Secretary for its postponement.
- A Minister may, if he deems it fit, request for the withdrawal for the case pertaining to his Department from the agenda of the Cabinet.
- The Chief Secretary shall attend all the meetings of the Cabinet and prepare:-
- a. a brief record of the discussion when in the absence of a special direction by the Cabinet shall be of an impersonal nature; and
- b. a record of the decisions, without any statement or the reason there-for.
- The Chief Secretary shall circulate to the Ministers, a copy of the record prepared under sub-rule (9) as approved by the Chief Minister.
- If a Minster considers that there has been a mistake or omission in recording of 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 obtain the orders of the Chief Minister and thereafter modify the minutes, if necessary.
- Where a Secretary has attended a Cabinet meeting in the absence of his Minister, the record of the items concerning the Secretary shall be sent to him to be dealt with in the manner provided in sub-rules (10) and (11).
- A copy of the decision of the Cabinet, and wherever considered necessary of the points made during the discussions shall be supplied to the Chief Secretary to the Secretary of the Department concerned for action under rule (28).
- A copy of the agenda along with the summaries and minutes of the Cabinet meetings shall be forwarded to Governor for information by the Chief Secretary.
Explanation:- Reference to the Minister in this rule includes the most senior Minister when he presides at the Cabinet meeting in the absence of the Chief Minister.
- Procedure regarding Committees of Cabinet
- Meetings of the Committees of the Cabinet shall be convened by the Chief Secretary under the directions of the Chairman of the Committee, who shall preside at the meeting.
- Officers of the department concerned may be associated with the deliberations of the Committee as and when considered necessary.
- The provisions of the rules 24 and 26 shall apply mutatis mutandis to the manner of submission of cases to and the procedures for the meetings of the Committee.
- Action of Cabinet decisions
- When the decision of the Cabinet on a case is received by the department concerned, it shall acknowledge the receipt of the decision and take prompt action to give effect to the decision.
- To ensure implementation of the Cabinet decisions, the Secretary of each department shall keep a separate record of all the decisions conveyed to him and shall watch progress of action until it is completed. It shall be the responsibility of the Secretary of the department sponsoring the case, to consult or inform any other department concerned in order to ensure full implementation of the Cabinet decisions:
Provided that the record of the decision before a decision is taken shall not be passed down by the Secretary to the other department nor to other officers of his department unless it contains points which require consideration or action in the other department or by the officers, as the case may be.
- The Chief Secretary shall watch implementation of each decision of the Cabinet and the Secretary in the department concerned shall apply to the Chief Secretary such documents as the latter may, by general or special request, require to enable him to complete the record of the case.
- The Chief Secretary shall maintain the record of each case submitted to the Cabinet which shall consist of:-
- a. a copy of all papers issued under rules 25(1), 26(4) and 27;
- b. a copy of the records prepared under rules 25, 26(9) and 27; and
- c. all documents received under rule 28(3).
- Secrecy of Cabinet Proceedings
- All proceedings of the Cabinet and the record of the discussion in the Cabinet shall be secret.
- All papers submitted to the Cabinet are secret until the Cabinet decision has taken place, where-after the Secretary concerned shall, subject to any general or special order of the Chief Secretary in this behalf, determine whether the papers shall continue to be classified as secret.
- Custody of Cabinet Papers
The Minister shall return to the Chief Secretary:-
- a. papers issued to them for decision by circulation immediately after recording their opinion;
- b. agenda issued to them for a meeting of the Cabinet, immediately after the meeting has taken place;
- c. copies of the record of the discussion and of the decisions, immediately after they have pursued them; and
- d. reports of action taken on Cabinet decision or other papers circulated for information immediately after perusal, except where indicated otherwise.
- Official Bill
- The department administratively concerned shall be responsible for determining the contents of the proposed legislation, for consulting the other department concerned (including the Finance Department where necessary) and for obtaining the approval in principle of the Cabinet to the issue involved, before asking the Law & Parliamentary Affairs Department to give legal shape to the Bill:
Provided that where where the proposed legislation involves only a verbal or formal amendment of an existing law, it shall not be necessary to obtain the Cabinet’s approval before asking the Law and Parliamentary Affairs Department to give legal shape to it.
- While referring the approved legislation to the Law and Parliamentary Affairs Department, the department administratively concerned shall send a memorandum indicating precisely the lines on which it is proposed to legislate, which shall include:-
- a. a statement in the form of a series of propositions detailing the provisions required to be made or preferably a draft Bill; and
- b. a statement giving the objects and reasons for each provision.
- When a proposal for legislation is referred to the Law and Parliamentary Affairs Department, that department shall, apart from giving shape to the legislation, advise the department concerned whether any legal requirements are to be compiled with before the Bill is introduced in the Assembly. The Law and Parliamentary Affairs Department shall also advise whether the proposed law disregards or violates, or is not in accordance with the Fundamental Rights conferred by the Constitution and whether a reference should be made to the Council of Islamic Ideology for advice, if not already done by the Assembly, and if so, what shall be the terms of that reference.
- The department concerned shall then submit the case, including the advice of the Law and Parliamentary Affairs Department, to the Cabinet:-
- a. for approval of the draft Bill;
- b. for deciding any issue that may still be outstanding;
- c. for orders as to which of the following motions should be made in the Assembly that:-
- i. it should be taken into consideration at once; or
- it should be taken up at a future date to be specified; or
iii. it should be referred to a Select Committee or any other Committee of the Assembly; or
- it should be circulated for the purpose of eliciting public opinion thereon.
- The Department concerned shall there-after prepare a brief for the use of the Minister which shall include the directions given by the Cabinet regarding the line of action to be adopted with regard to the Bill.
- The department shall forward to the Law and Parliamentary Affairs Department through the Chief Minister the draft legislation.
- The Law and Parliamentary Affairs 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 or a Parliamentary Secretary and there-after published in the Gazette by the Assembly Secretariat. if, however, the Bill is of great urgency, the Law and Parliamentary Affairs Department may request the Assembly Secretariat to publish in the Gazette before introduction.
7-A. When a Bill passed by the Assembly is returned by the Governor to the Assembly for reconsideration or for consideration for amendment specified in the message, the department concerned shall place the matter before the Cabinet. Further steps shall be taken according to the Rules of Procedure of the Provincial Assembly of the Punjab, 1973.
- The procedure regarding the amendment shall be the same as for official Bills.
- Non-official Bill and Amendments
- As soon as notice regarding the introduction of non-official Bill is received from the Assembly Secretariat by the Department, it shall:-
- a. assess the administrative implications of the proposed legislation;
- b. consult the other departments concerned including the Finance Department, where necessary; and
- c. obtain the Law and Parliamentary Affairs Department’s advice, whether:-
- i. the Bill can be introduced in the Assembly and is otherwise in order; and
- previous section of the Government to its introduction is necessary.
- After the advice of the Law and Parliamentary Affairs Department has been obtained, and where necessary consultation with the other departments concerned has been made, the department concerned shall obtain:-
- a. the instructions of the Cabinet regarding the provisions of the Bill; and
- b. the decisions of the Cabinet as to which of the following motions in the Assembly is to be supported that:-
- i. it be taken into consideration by the Assembly either at once or at some future date to be specified; or
- it be referred to a Select Committee or any other Committee of the Assembly; or
iii. it be circulated for the purpose of electing opinion thereon; or
- it be opposed
- If the consent of the Government to the introduction of the Bill in the Assembly is necessary, such consent shall be obtained by the department concerned, where it is decided to support the Bill.
- The department concerned shall prepare a brief for the use of the Minister or Parliamentary Secretary which shall include the direction of Government regarding the line of action to be adopted with regard to the Bill.
- The procedure regarding amendments shall be the same as for non-official Bills.
- The provisions of rule 31 shall apply mutatis mutandis where the proposed legislation is an Ordinance.
- The Law and Parliamentary Affairs Department shall promulgate the Ordinance and in due course arrange to lay it before the Assembly as required by sub-clause (a) of clause (2) of Article 128 of the Constitution.
Relations with the Assembly
- Rules of Assembly
The departments shall, in their relation with the Assembly, comply with the rules of procedure and standing orders of the Assembly.
- Summoning of the Assembly
- Orders of the Governor for convening a session of the Assembly shall be obtained by the Law and Parliamentary Affairs Department under the directions of the Chief Minister and communicated to the Secretary of the Assembly.
- 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 are departments shall undertake a review of the official business intended to be brought before the Assembly and shall promptly forward to the Law and Parliamentary Affairs Department detailed lists of such business not later than seven days before the commencement of the session.
3,. The Minister for Law and Parliamentary Affairs 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 transaction of official as well as non-official business. The program, as approved by Speaker, shall be communicated by the Assembly Secretariat to all the departments and Secretary to the Governor.
- Prorogation of the Assembly
- When the Assembly has been summoned by the Governor, he will at the appropriate stage, fix a date for the prorogation of the Assembly.
- The Secretary of the Assembly shall, when the session called by the Governor is nearing completion of its business under the directions of the Chief Minister, obtain the orders of the Governor through the Law and Parliamentary Affairs Department, as to the date for the prorogation of the Assembly.
- The Secretary of the Assembly shall notify in the Gazette the date fixed for the prorogation of Assembly.
- General provisions regarding bills, etc.
- Copies of the Bills, resolutions, motions, questions and other business to be brought before the Assembly shall as soon as received, be forwarded by the Assembly Secretariat to the department concerned.
- For the correct allocation of the business of the Assembly amongst the departments, the Assembly Secretariat shall consult the Chief Secretary, wherever it is in doubt.
- If a bill, resolution, motion or question has been wrongly addressed to a department by the Assembly Office it should be promptly transferred to the department concerned, in consultation with the Chief Secretary, if necessary, and under advice to the Assembly Secretariat.
- The Assembly Secretariat shall advice the department as soon as it 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.
- 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 affair of the Assembly, the receiving officer shall at once bring it to the notice of the Secretary and the Minister.
- Resolutions and Motions
- When an official resolution or motion is to be moved in the Assembly, the department concerned shall forward the same together with a formal notice duly signed by the Minister to Secretary of the Assembly, who shall, if the resolution or motion is admitted by the Speaker, arrange for its inclusion in the official business of the Assembly.
- Official resolution may be or the constitution of a statutory body or declaration of policy on a matter of general public interest, etc.
- Official motions may be for the election of the members to a standing or special Committee of the Assembly or raising discussion on a particular matter, etc.
- On receipt of a non-official resolution or motion from the Assembly Office, the department concerned shall examine it and obtain the orders of the Cabinet, if the time permits.
- In examining the resolution or motion, the department concerned shall consider whether 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.
- The department concerned shall prepare a brief regarding each resolution or motion, official or non-official, for the use of the Minister or the Parliamentary Secretary.
- After a resolution or motion has been adopted, the Assembly Secretariat shall forward it to the department concerned for appropriate action.
- On receipt from the Assembly Office of questions (starred, un-starred or short notice), proposed to be asked by a member, the department concerned shall draft replies with the approval of the Minister and forward the required number of copies to the Assembly Secretariat before the date on which the question is to be asked. In the case of starred question, brief shall be prepared by the department concerned for the supplementary question that may be asked.
- A copy of the supplementary question asked in the Assembly in respect of a starred question and the replies give shall be forwarded by the Assembly Secretariat to the department concerned as soon as possible after the proceedings have been transacted.
- The department concerned shall be responsible for giving effect to any undertaking given by Minster in reply to questions.
- The Finance Department shall forward proposals regarding the date for the presentation of the annual budget to the Secretary of the Assembly. The latter should obtain the orders of the Governor through the Chief Secretary. On receipt of orders a notification in the Gazette shall be issued by the Secretary of the Assembly.
- On receipt of motion proposing a cut in the 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.
- Protection in communication of official information
- No information acquired directly or indirectly from official documents ore relating to official matters shall be communicated by Government servant to the Press, to non-official or official belongings to other Government offices, unless he has been generally or specially empowered to do so.
- Detailed instructions shall be issued by the Chief Secretary for the treatment and custody of official documents and information of a confidential character.
- Ordinarily all official news and information shall be covered to the Press through Services, General Administration and Information Department and the manner in which this may be done shall be prescribed generally or specially in each case by the said department.
- Only Ministers and Secretaries and such officers as may be authorized, shall act as official spokesmen of Government.
- Channel of Correspondence
- Correspondence with the Federal Government or another Provincial Government shall be conducted direct by the Department in respect of subject allocated to them, subject to the provision of rule 13 and it shall ordinarily be addressed to the Secretary of the Ministry or Department concerned.
- All correspondence with the Government of a foreign country or a Pakistani Diplomatic Mission abroad or a Foreign Mission in Pakistan or an 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:
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 discussions in which services representatives are required to take part.
- All correspondence between Government and the Heads of Attached Departments, Regional Offices, Autonomous Bodies and District Government shall be conducted through the Secretary of the Department concerned.
- 1. The business of Government shall be transacted in accordance with the channels of communication laid down in the rules and instructions. If oral discussions are held with a Minister by an official of the department he shall communicate the points made during the discussion to his Secretary at the earliest.
- The Head of an Attached Department, a Regional Office or of a District Government whose cases are held up in the department concerned, or who disagrees with any decision taken by the department, may seek an interview with the minister
Provided that the Secretary concerned shall be informed of the proposed interview so that he can be present to enable the Minister to have full picture of the case before passing orders.
[See Rule 2(ii), 2(xii) & 3(i)]
List of Departments