GOVERNMENT OF KHYBER PAKHTUNKHWA ESTABLISHMENT & ADMINISTRATION DEPARTMENT Rules of Business
GOVERNMENT OF KHYBER PAKHTUNKHWA
ESTABLISHMENT & ADMINISTRATION DEPARTMENT
NOTIFICATION
Peshawar
the, dated _______,
No. SO (O&M) E&AD/2-1/2013:- In
pursuance of the provision contained in Article 139 of the constitution of the
Islamic Republic of Pakistan and in supersession of Khyber Pakhtunkhwa
Government Rules of Business, 1985, the Chief Minister of Khyber Pakhtunkhwa is
pleased to make the following rules:
PART - A
GENERAL
1. SHORT TITLE AND
COMMENCEMENT.-
(1)
These
rules may be called the Khyber Pakhtunkhwa Government Rules of Business, 2017.
(2)
They shall come into force at once.
2. DEFINITION.
- In these rules, unless the context otherwise requires,-
(a) “Advisor” means an Advisor appointed under
Article-130(11) of the Constitution.
(b)
“Assembly”
means the Provincial Assembly of the Khyber Pakhtunkhwa;
(c)
“Attached Department” means
a Department mentioned in column 3 of Schedule-I;
(d)
“Autonomous Body” means a
body mentioned in column-5 of Schedule-l
(e)
“Business” means all work
done by Government;
(f)
“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;
(g)
“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;
(h)
“Chief Minister” means the Chief Minister of
Khyber Pakhtunkhwa;
(i)
“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;
(j)
“Company” means a company
created in public sector as mentioned in column-5 of Schedule-l.
(k)
“Constitution” means the
Constitution of the Islamic Republic of Pakistan;
(l)
“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;
(m)
“District” means a district
notified under the West Pakistan Land Revenue Act, 1967
(W.P. XVII of 1967);
(n)
“Division” means a Division of the
Province for the purpose of land revenue administration, (West Pakistan Land
Revenue Act, 1967 Chapter 3(7)(2)(II)) ;
(o)
“Federal Government” means
the Government of the Islamic Republic of Pakistan;
(p)
“Gazette” means the official
gazette of Khyber Pakhtunkhwa;
(q)
“Government” means the Government
of Khyber Pakhtunkhwa;
(r)
“Governor” means the
Governor of Khyber Pakhtunkhwa;
(s)
“Head of Attached
Department” means the officer shown in column 4 of Schedule-I;
(t)
“Member” means a Member of
the Assembly;
(u)
“Minister” means the
Minister-in-Charge of the Department to which a particular case pertains;
(v)
“Public Service Commission”
or “Commission” means the Khyber
Pakhtunkhwa Public Service Commission constituted under any law for the
time being in force;
(w)
“Schedule” means a Schedule
appended to these rules;
(x)
“Secretariat” means the
Departments of Government when referred to collectively; and includes FATA
Secretariat.
(y)
“Secretary” means the
Secretary or Acting Secretary to Government, incharge of a Department and
includes the Chief Secretary, the Additional Chief Secretary, the Special
Secretary or the Additional Secretary;
(z)
“Section” means a basic
working unit in a Department as determined by Government;
(aa)
“Speaker” means the Speaker
of the Assembly; and
(bb) “Special Assistant” means to
Special Assistant appointed under Advisor and Special Assistants to the Chief
Minister (Appointment) Act 1989.
(cc)
“Special
Institution” means an Institution mentioned in Schedule-I.
3. COMPOSITION
OF DEPARTMENTS AND ALLOCATION OF BUSINESS.-
(1)
The Secretariat shall
comprise of the Departments specified in column 2 of Schedule-I.
(2)
The
Chief Minister may constitute new Departments or change the composition or
number of the Departments.
(3)
The business of Government
shall be distributed amongst several Departments in the manner indicated in
Schedule-II.
(4)
Notwithstanding any thing
contained in sub rule (3), the Chief Minister may transfer any subject or
matter from the Department, to which it stands assigned in accordance with
Schedule-II, to any other Department.
(5)
The Chief Minister may,
assign to a Minister-
(a)
A Department; or
(b)
Part of a Department; or
(c)
Part of different
Departments; or
(d)
More than one Department; or
(e)
One or more Departments
together with part or parts of other Departments;
Provided that a Department or Part of a Department not so
assigned shall be in the charge of the Chief Minister.
4. ORGANIZATION OF
DEPARTMENTS.-
(1)
Each
Department shall consist of a Minister, a Secretary and such subordinate officers or officials as may be determined
by Government from time to time.
Provided that the same person may be the
Minister or the Secretary of more than one Department.
(2)
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.
(3)
The Secretary shall, by means of standing orders,
distribute the work of the Department among the officers, branches and
sections. Such order may specify the cases or class of cases which may be
disposed of by subordinate officers.
5. FUNCTIONS OF THE CHIEF MINISTER.-
(1)
The Chief Minister shall-
(a) be the head of the Cabinet;
(b) coordinate all policy matters;
(c) perform functions
assigned to him under the Constitution, any law or rules including these rules;
(d) 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;
(e) communicate to the
Governor the decisions of the Cabinet relating to the administration of the
Province and proposals for legislation;
(f) 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,
Divisional Office or District 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. FUNCTIONS OF THE CHIEF SECRETARY.-
(1)
Subject to these rules, the Chief Secretary
shall-
(a) be the head of the Secretariat;
(b) be the Secretary of the Cabinet;
(c) be generally responsible for all matters
affecting public tranquility;
(d) co-ordinate and supervise the activities
of all the Departments;
(e) have the powers to call for any case or
information from any
Department,
Attached Department, Divisional Office or District Office.
8. GENERAL PROCEDURE FOR
DISPOSAL OF BUSINESS.-
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
The channel for obtaining or
transmitting the orders of the Minister is the Secretary concerned.
(8)
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.
(9)
The Minister shall submit cases, as required by the provisions of Rule-43, to
the Chief Minister through the Chief Secretary.
(10)
Notwithstanding the
provisions of any other rules, the Chief Minister may, by general or special
order, direct that any case specified in rule-44 may be submitted by the
Minister directly to the Governor.
(11)
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.
(12)
Detailed instructions for
the disposal of business in the Secretariat shall be issued by the Chief
Secretary.
9. DUTIES OF
PARLIAMENTARY SECRETARY.-
Parliamentary
Secretary of a Department shall, subject to any general or specific order,
issued by the Chief Minister in this behalf, deal with such parliamentary
affairs 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.
10. ENFORCEMENT AND
INTERPRETATION OF RULES.-
(1)
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, wherever necessary.
(2)
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.
11. AUTHENTICATION
OF ORDERS, INSTRUMENTS, AGREEMENTS AND CONTRACTS, ETC.-
(1)
All executive actions of
Government shall be expressed to be taken in the name of the Governor.
(2)
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
Special Secretary, the Additional Secretary, the Deputy Secretary, the 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.
(3)
Instructions for the making
of contracts on behalf of the Government and the execution of such contracts
and all assurances of property shall be issued by the Law, Parliamentary
Affairs and Human Rights Department.
PART- B
DEPARTMENTAL PROCEDURE
12. CONSULTATION AMONGST
VARIOUS DEPARTMENTS.-
(1)
When the subject of a case
concerns more than one Department:
(a)
The Department incharge shall
be responsible for consulting the other Department(s) concerned; and
(b)
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.
(2)
If the various Departments
concerned cannot reach an agreement and the Minister 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.
(3)
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.
(4)
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.
13. THE ESTABLISHMENT AND ADMINISTRATION DEPARTMENT.-
(1) The Establishment and Administration
Department shall be responsible for:
(a)
the determination of the
principles of control of Government servants, including recruitment, terms and conditions of service and discipline;
(b)
the coordination of the
policy of all Departments with respect to 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 or under any law for
the time being in force; and
(d)
determining the strength and
the terms and conditions of services of the personal staff of Ministers.
(2)
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:
(a)
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;
(b)
re-organization or change in
the status of offices in the Secretariat or Attached Departments;
(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 the terms and
conditions of service or the statutory rights and privileges of Government
servants.
(3)
No order in respect of the
emoluments, promotion or terms and 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.
14. 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.
15. CONSULTATION WITH
FINANCE DEPARTMENT.-
(1)
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-
(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;
(c)
change in the number or
nomenclature/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, fees
or cesses;
(e)
floatation of loans;
(f)
re-appropriation within
budget grants;
(g)
alteration in financial
procedure or in the method of compilation of accounts or of the budget
estimates; and
(h)
interpretation of rules made
by the Finance Department.
(2)
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 prior
concurrence of the Establishment and Administration Department.
(3)
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 order shall, nevertheless, be issued
only after the Finance Department has exercised scrutiny over the details of
the proposal.
(4)
Except to the extent that
power may have been delegated to Departments under rules framed by the Finance
Department, every order of the Department conveying a sanction to be enforced
in audit shall be communicated to the audit authorities through the Finance
Department.
16. CONSULTATION
WITH LAW, PARLIAMENTARY AFFAIRS AND HUMAN RIGHTS DEPARTMENT.-
(1)
The Law, Parliamentary
Affairs and Human Rights Department
shall be consulted by the Departments.-
(a) on all legal questions
arising out of any case;
(b) on the interpretation of
any law;
(c) before instituting civil
proceedings in a court of law in which Government is involved; and
(d) whenever civil proceedings
are instituted against Government.
(2)
For any proposed
legislation, the Law, Parliamentary Affairs and Human Rights Department shall
be consulted in accordance with the provisions contained in these rules.
(3)
Except as provided for in
sub-rule (7), the Law, Parliamentary Affairs and Human Rights Department ordinarily
is not, in respect of legislation, an originating Department and its proper
function is to put into correct form all proposed legislation. It is for the 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, Parliamentary Affairs and
Human Rights Department with a memorandum indicating precisely the lines on
which it is proposed to legislate which should include:-
(a)
a statement in the form of
series of propositions detailing the provisions required to be made, or
preferably, a draft legislation; and
(b)
a statement giving the
objects and reasons for such provisions.
(4) The Law, Parliamentary Affairs and Human
Rights Department, apart from giving shape to the draft legislation, shall
advise the Department concerned whether any sanction is required under existing
statutory provisions and whether any further legal requirements are to be complied
with. The Law, Parliamentary Affairs and
Human Rights 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 Department concerned shall, after
obtaining the approval of the Cabinet in terms of rule-23, return the draft
legislation to the Law, Parliamentary Affairs and Human Rights Department for further
action in terms of rule-34.
Explanation: Legislation means a Bill or
ordinance or an amendment thereto.
(5)
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, Parliamentary
Affairs and Human Rights Department. It shall, however, consult the
Administrative Department 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, Parliamentary Affairs and Human
Rights Department accordingly.
(6)
The Law, Parliamentary Affairs
and Human Rights Department shall be consulted by the Departments before the
issuance of the following:
(i)
any order, rules,
regulations, notification, or bye-law in the exercise of statutory power; and
(ii)
any sanction authorizing a
subordinate authority to issue any order, rules, regulations, notification or
bye-law under a statutory power.
(7)
The Law, Parliamentary
Affairs and Human Rights Department shall advise whether the proposed draft is
strictly within the power conferred by the Legislature and is in the correct form.
(8)
No Department shall consult
the Advocate General, except through the Law, Parliamentary Affairs and Human
Rights Department, and in accordance with the procedure laid down by that
Department. The Department should draw up specific points on which the opinion
of the Advocate General is desired.
(9)
If there is disagreement
between the views of the Advocate General and the Law, Parliamentary Affairs and
Human Rights Department, the views of both the Law, Parliamentary Affairs and
Human Rights 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, Parliamentary Affairs and Human Rights 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.
(10)
Bills requiring assent or
sanction of the President shall be referred to the Federal Government by the Law,
Parliamentary Affairs and Human Rights Department.
17. 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.
18. SECRETARIES COMMITTEE.-
(1)
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.
(2)
A Secretary who wishes a
particular matter to be discussed in the Secretaries’ meeting shall intimate
the Establishment and Administration Department of his intention of doing so
and forward 40 copies of a working paper on the subject which would form the
basis of discussion.
(3)
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.
(4)
Secretaries’ meeting shall
be attended only by Secretaries, Special Secretaries and Additional Secretaries
of Departments, or such other officers as may be required by the Chief
Secretary.
(5)
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.
(6)
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.
PART - C
SERVICES
19. PUBLIC SERVICE COMMISSION.-
The recommendation
of the Commission with respect to appointments shall ordinarily be accepted by
the Department in all matters where it is obligatory to consult the Commission
under any rules or regulations for the time being in force. If it is proposed
not to accept the recommendation of the Commission, it shall be submitted to
the Chief Minister through the Establishment and Administration Department, who
may give an opportunity to the Commission of further justifying its
recommendation before a final decision is taken.
20. SELECTION BOARD.-
(1)
Government may constitute
one or more Selection Boards and specify the appointments and promotions to
posts, other than those to be made on the advice of the Public Service
Commission, to be made on the advice of such Selection Boards.
(2)
Difference between Selection Board and the Department. In any
case, a department does not propose to accept the advice of Selection Board
with regard to a matter in which its advice is required under sub-rule (1), the
case shall be returned to the Selection Board for reconsideration, and the
Selection Board shall reconsider such a case. If on reconsideration the
difference still persists, the case shall be submitted to the Chief Minister
through the Establishment & Administration Department for his orders.
21. POSTING/TRANSFER.-
(1)
Transfer of Officers/officials
shown in column 2 of Schedule-III shall be made by the authorities shown against
such Officers in column 3 thereof.
(2)
The Establishment and
Administration Department shall be consulted if it is proposed to-
(a)
Transfer the holder of a
tenure post before the completion of his 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.
PART - D
CABINET PROCEDURE
22. COLLECTIVE
RESPONSIBILITY.-
The
Cabinet shall be collectively responsible to the Provincial Assembly for the
advice tendered to, or the executive orders issued in the name of the Governor,
whether such advice or order has been tendered or issued, as the case may be,
by an individual Minister or as a result of decision by the Cabinet
23. CASES TO BE BROUGHT BEFORE CABINET.-
(1)
Following cases shall be
brought before the Cabinet:-
(a)
Proposals for legislation,
official or non-official, including Money Bills;
(b)
Promulgation and repealing
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 the Chief
Minister, acting on his own initiative or at the instance of another 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 provisions of these rules; and
(i)
any case desired by the
Government to be referred to the Cabinet.
(2)
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.
24. METHOD OF DISPOSAL BY CABINET.-
Cases
referred to the Cabinet shall be disposed of-
(a)
by discussion at a meeting
of the Cabinet; or
(b)
by discussion at a meeting
of a committee of the Cabinet; provided that the decisions of the Committee
shall be ratified by the Cabinet unless the Cabinet has authorized otherwise;
or
(c)
by circulation amongst
Ministers.
Note: - Committees of the Cabinet
may be constituted, and their terms of reference laid down, by the Cabinet.
Such Committees may be Standing or Special Committees, according as they are
appointed to deal with a class of cases or a particular case.
25. MANNER OF SUBMISSION OF CASES TO CABINET.-
(1)
In respect of all cases to
be submitted to the Cabinet, the
Secretary concerned shall transmit to
the Chief Secretary a concise and lucid memorandum of the cases (hereinafter
referred to as the "Summary") giving the background and relevant
facts, and the points for decision and the recommendations of the Minister.
Provided
that in the event of the views of the Department being different from the views
of the Minister, both views shall be included in the summary.
(2)
The 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.
(3)
In case of proposed
legislation to which approval is sought in principle, the summary shall contain
the salient features of such legislation.
(4)
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 other Department concerned simultaneously with the transmission
of the summary to the Cabinet.
(5)
No summary containing a
proposal involving financial implications shall be submitted to the Cabinet
unless the Finance Department has been consulted and its views incorporated in
the summary.
(6)
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, Parliamentary Affairs and Human
Rights Department and no changes shall be made therein except with the
knowledge of the Law, Parliamentary Affairs and Human Rights Department.
(7)
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
explaining urgency and reasons for non submission of the case in time.
(8)
The Establishment and
Administration Department shall satisfy itself that the papers submitted by a
Secretary are complete and in appropriate form. It shall ordinarily return a
case which does not meet the requirements of these rules and of any other
instructions on the subject.
26. PROCEDURE REGARDING CABINET MEETING.-
(1)
Regular meeting of the
Cabinet to discuss ordinary business shall normally be held once a month on a day
and time to be fixed by the Chief Minister:
Provided
that the Chief Minister may direct any variation in day and time, and may call
for special meetings of the Cabinet at any time on any day of the week to
discuss urgent business.
(2)
In the absence of the Chief
Minister, a Minister nominated by him for the purpose shall preside over the
meeting.
(3)
The Chief Secretary shall
issue to the Ministers, three days in advance of a meeting, the agenda of the
meeting, together with the summaries relating to the items or agenda. A copy of
the agenda and the summaries shall be submitted to the Governor at the same
time. In case of special meetings, the circular notice may be issued less than
three days in advance.
(4)
No case shall be discussed
unless the summary relating to it has been circulated:
Provided
that the Chief Minister may dispense with the requirements of this sub-rule,
whereon the representation of the Minister, he is satisfied that the
circumstances were such that the papers could not be supplied.
(5)
The Secretary concerned with
a case shall, unless otherwise directed, attend the meeting of the Cabinet in
which the case is under discussion. He shall, however, take no part in the discussion
unless invited to do so.
(6)
If, in the absence of the
Minister from headquarters, the Secretary of the Department concerned considers
that the discussion on a case should await the Minister's return he may request
the Chief Secretary for its postponement. The Chief Secretary shall thereupon
obtain the orders of the Chief Minister in regard to postponement.
(7)
The Chief Secretary shall
attend all the meetings and prepare.-
(a) a
brief record of the discussion which, in the absence of special directions by
the Cabinet to the contrary, shall be of an impersonal nature; and
(b) a
record of the decisions without any statement or the reasons therefore, and
shall submit a copy of these records within twenty four hours of the close of
the meeting to the Chief Minister for his approval.
(8)
The Chief Secretary shall
circulate to the Ministers and to the Governor a copy of these records, as
approved by the Chief Minister and shall send to the Secretary concerned a copy
of the decision only.
(9)
If a Minister considers that
there has been a mistake or omission in recording the minutes, he shall point
it out to the Chief Secretary within forty eight hours of the issue of the
minutes. The Chief Secretary shall thereupon obtain the orders of the Chief
Minister and, if necessary, issue a corrigendum and correct the official record
in his office.
27. PROCEDURE REGARDING COMMITTEES OF CABINET.-
(1)
Meetings of the Committees
of the Cabinet shall be convened by the Chief Secretary under the direction of
the senior member of the Committee, who shall preside over the meetings.
(2)
Officials of the Departments
concerned may be associated with the deliberations of the Committees as and
when considered necessary.
(3)
The provisions of rule-25
and 26 shall apply mutatis mutandis to the manner of submission
of cases to, and the procedure for, the meetings of Committees.
28. PROCEDURE REGARDING CIRCULATION OF CABINET
CASES.-
(1)
When a case is circulated to
the Ministers for recording opinion, the Chief Secretary shall specify the time
by which opinions should be communicated. If a Minister does not communicate
his opinion by that time, it shall be assumed that he accepts the
recommendations contained in the summary.
(2)
If a difference of opinion
amongst Ministers is observed in the course of circulation, the Chief Secretary
shall unless the Chief Minister directs otherwise, obtain further observations
of the Minister concerned with a view to reaching an agreed conclusion.
(3)
After all opinions have been
received and the further observations of the Ministers concerned have been
obtained, if necessary, or after the time specified has expired, the Chief
Secretary shall-
(a)
In the event of full
agreement to the recommendations in the summary, treat it as Cabinet decisions
and proceed further in terms of sub-rule (8) of rule-26;
(b)
In the event of difference
of opinion or a major change in the original recommendations contained in the
summary being agreed to by the Minister and one or more Ministers obtain the
direction of the Chief Minister whether the case should be discussed at a
meeting of the Cabinet, or the recommendations of the majority of Ministers be
accepted and communicated as Cabinet's decision.
(4). If the Chief Minister directs that the
case shall be discussed at a meeting of the Cabinet, the Chief Secretary shall
circulate the opinions recorded by the Ministers, in the form of a
supplementary summary, submitting a copy simultaneously to the Governor.
(5) Reports made to the cabinet or action
taken on their decisions and other cases submitted only for information may be
disposed of by circulation.
29. ACTION ON CABINET’S DECISION.-
(1)
When a case has been decided
by the Cabinet, the Department concerned shall take prompt action to give
effect to the decision.
(2)
To ensure implementation of
the Cabinet decisions, the Secretary of each Department shall keep a record of
all the decisions conveyed to him and shall watch progress of action until it
is completed. It shall be his responsibility, as Secretary of the Department
sponsoring the case, to consult or inform any other Department concerned, in
order to ensure full implementation of the decisions.
(3)
The Chief Secretary shall
watch the implementation of each decision of the Cabinet, and the Secretary
concerned shall supply to the Chief Secretary such documents as the latter may,
by general or special request, require to enable him to complete his record of
the case.
(4)
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 sub-rule (3) of rule-26, rule 27 and
sub-rule (1) of rule-28; and
(b) a copy of the records prepared under sub-rule (7) of rule-26, rule-27
and sub-rule (3) of rule-28.
(5) The
Governor shall be kept informed of all decisions of the Cabinet.
30. SECRECY OF CABINET PROCEEDINGS.-
(1)
All proceedings of the
Cabinet and the record of the discussion in the Cabinet shall be secret.
(2)
All papers submitted to the
Cabinet are secret until the Cabinet's decision has taken place, where after
the Secretary concerned shall, subject to any general or special orders of the
Chief Secretary in this behalf, determine whether the papers shall continue to
be classified as secret.
31. CUSTODY OF CABINET PAPERS.-
The
Minister shall return to the Chief Secretary.-
(a)
the papers issued to them
for decision by circulation under sub-rule (1) of rule-28 immediately after
recording opinion;
(b)
the papers circulated to
them for decision by discussion in meeting of the Cabinet or Committee of the
Cabinet under sub-rule (3) of rule-26 or rule-27 immediately after the
discussion has taken place;
(c)
copies of the record of
discussion and decisions circulated by the Chief Secretary under sub-rule (8)
of rule-26, rule-27 and sub-rule (3) of rule-28, immediately after they have
perused them; and
(d)
reports of action taken on
Cabinet decisions or other papers circulated for information, immediately after
perusal, except where indicated otherwise.
32. ADVISORS AND SPECIAL ASSISTANTS.-
(1)
The Chief
Minister may appoint Advisors and Special Assistants for the performance of
such duties and functions, as may be specified from time to time subject to the
provision of the Constitution that the Chief Minister shall not appoint more
than five advisors.
(2)
An Advisor or Special
Assistant shall hold office during the pleasure of the Chief Minister on such terms and conditions, as may
be determined by the Chief Minister.
PART - E
RELATIONS WITH THE PROVINCIAL LEGISLATURE
33. GENERAL PROCEDURE.-
(1)
The Department shall, in
their relations with the Assembly, comply with the rules of procedure and
standing orders of the Assembly.
(2)
Orders of the Governor for
convening a session of the Assembly shall be obtained by the Law, Parliamentary
Affairs and Human Rights Department and communicated to the Secretary of the
Assembly.
(3)
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 all Departments shall undertake a
review of the official business intended to be brought before the Assembly and
shall promptly forward to the Law, Parliamentary Affairs and Human Rights
Department detailed lists of such business not later than seven days before the
commencement of the session.
(4)
The Minister for Law,
Parliamentary Affairs and Human Rights 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 the transaction of official as well as
non-official business. The programme as approved by the Speaker, shall be
communicated by the Assembly Secretariat to all the Departments and the Principal
Secretary to Governor.
(5)
When the Assembly has been
summoned by the Governor, he shall at the appropriate stage, fix a date for the
prorogation of the Assembly.
(6)
When the Assembly is in
session, the Law, Parliamentary Affairs and Human Rights Department shall, at
any appropriate time, obtain the Orders of the Governor for prorogation of the
Assembly and shall communicate such Orders to the Secretary of the Assembly.
(7)
The Secretary of the
Assembly shall notify in the Gazette the date fixed for the prorogation of the
Assembly.
(8)
Copies of the Bills,
resolutions, motions, questions and other business to be brought before the
Assembly shall be forwarded as soon as received, to the Department concerned by
the Assembly Secretariat.
(9)
For the correct allocation of business of the Assembly amongst the
Departments, the Assembly Secretariat may consult the Chief Secretary, whenever
it is in doubt.
(10)
If a Bill, resolution,
motion or question has been wrongly addressed to a Department by Assembly
Secretariat, it should be promptly transferred to the Department concerned, in
consultation with Chief Secretary, if necessary, and under advice to the
Assembly Secretariat.
(11)
The Assembly Secretariat
shall advise the Departments 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.
(12)
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 affairs
of the Assembly, the receiving officer shall at once bring it to the notice of
the Secretary and the Minister.
34. OFFICIAL BILLS AND AMENDMENTS.-
(1)
After taking action in terms
of rule-16 and 23, the Department concerned shall forward to the Law,
Parliamentary Affairs and Human Rights Department the draft legislation in its
final form with a statement of objects and reasons, duly signed by the Minister
concerned.
(2)
The Law, Parliamentary
Affairs and Human Rights 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 concerned or any other member on his behalf, and thereafter
published in the Gazette by the Assembly Secretariat. If, however, the Bill is
of great urgency, the Law, Parliamentary Affairs and Human Rights Department may
request the Assembly Secretariat to publish it in the Gazette before introduction.
(3)
After the introduction of a
Bill, the following motions be made in regard to it, namely.-
(a)
that it be taken into
consideration and passed; or
(b)
that it be referred to a
Select Committee; or
(c)
that it be circulated for
the purpose of eliciting opinion thereon.
(4)
The Department concerned
shall formulate the line of action to be adopted, and prepare a brief for use
of the Minister concerned.
(5)
The procedure regarding
amendments shall be the same as for Official Bills.
(6)
When a Bill has been passed by
the Assembly, a copy of the Bill signed by the Speaker shall be presented by
the Secretary of the Assembly to the Governor under Article 116 of the
Constitution. The Governor shall within ten days-
(a)
Accord assent to the Bill; or
(b)
If it is a Bill other than a money Bill, return the Bill to the
Provincial Assembly with a message requesting that the Bill, or any specified
provision thereof be reconsidered.
(7)
When the Governor has
returned a Bill to the Provincial Assembly it shall be reconsidered by the
Provincial Assembly and, if it is again passed, with or without amendment, by
the Provincial Assembly, by the votes of the majority of the members of the
Provincial Assembly present and voting, it shall be again presented to the
Governor and the Governor shall give his assent within ten days, failing which
such assent shall be deemed to have been given.
(8)
When a Bill passed by the
Assembly is assented to or is deemed to have been assented to by the Governor
under Article-116 of the Constitution, the Speaker shall immediately cause it
to be published in the Gazette as an Act of the Provincial Legislature.
35. NON-OFFICIAL BILLS AND AMENDMENTS.-
(1)
As soon as notice regarding
the introduction of a non-official Bill is received from the Assembly
Secretariat by a Department, it shall consult the Law, Parliamentary Affairs
and Human Rights Department as to-
(a)
whether the Bill can be
introduced in the Assembly;
(b)
whether previous consent of
the Government to its introduction is necessary.
(2)
If the Bill is in order, the
Department concerned shall take action in accordance with the provisions of
rule-34 and the procedure relating to official Bill shall apply mutatis
mutandis to it.
(3)
Procedure regarding
amendments shall be the same as for non-official Bills.
(4)
The Department concerned
shall indicate necessary consent within one month of the receipt of notice for
un-official Bill to Assembly Secretariat.
36. RESOLUTIONS AND MOTIONS.-
(1)
When an official resolution
or motion is to be moved in the Assembly, the Department concerned shall, after
consulting the Law, Parliamentary Affairs and Human Rights Department and
obtaining the approval of the Cabinet, forward the same, together with a formal
notice duly signed by the Minister concerned to the Secretary of the Assembly
who shall, if the resolution or motion is admitted by the Speaker, arrange for
its inclusion in official business of the Assembly.
(2)
Official resolution may be
for the constitution of a statutory body, declaration of policy on a matter of
general public interest, etc.
(3)
Official motions may be for
the election of members to standing committee of the Assembly, raising
discussion on a particular matter, etc.
(4)
On receipt of a non-official
resolution or motion from the Assembly Secretariat, the Department concerned
shall examine it and obtain the orders of the Cabinet, if the time permits.
Orders of the Chief Minister, wherever necessary, shall be obtained.
(5)
In examining the resolution
or motion, the Department concerned shall consider whether the 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.
(6)
The Department concerned
shall prepare a brief regarding each resolution or motion, official or
non-official, for the use of the Minister.
(7)
After a resolution or motion
has been adopted, the Assembly Secretariat shall forward it to the Department
concerned for appropriate action.
37. QUESTION.-
(1)
On receipt from the Assembly
Secretariat of questions, starred, un-starred or short notice, as the case may
be, proposed to be asked by member, the Department concerned shall draft
replies with the approval of the Minister, and in the case of a Department
which has not been assigned under these rules to any Minister, with the
approval of the
Secretary concerned and forward the required number of copies to the Assembly
Secretariat before the day on which the question is to be asked. In the case of starred questions, briefs
shall be prepared by the Department concerned for the use of the Minister to assist him in
answering any supplementary question that may be asked.
(2)
A copy of the supplementary question
asked in the Assembly in respect of
a starred question and the replies given shall be forwarded by the
Assembly Secretariat to the Department concerned as soon as possible after the
proceedings have been transacted.
38. CALL ATTENTION NOTICE.-
On receipt of Call
Attention Notice from Assembly Secretariat, the Department concerned shall
prepare an appropriate reply in a brief for purposes of supplementary questions
for use by Chief Minister or, as the case may be, the Minister.
39. UNDERTAKINGS AND
ASSURANCES.-
The
Department concerned shall be responsible for taking necessary action on any
undertaking or assurance given by the Minister or the Parliamentary Secretary
in the Assembly.
40. BUDGET.-
(1)
The Finance Department shall
forward proposals regarding the date for the presentation of the annual
budget to Secretary of the Assembly. On receipt of orders a notification in the Gazette shall be issued
by the Secretary of the Assembly.
(2)
On receipt of a motion proposing a cut in
a 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 concerned.
PART - F
SUBMISSION OF CASES TO THE GOVERNOR
AND THE CHIEF MINISTER
41. SUBMISSION OF CASES TO THE GOVERNOR FOR HIS
ORDERS.-
(1)
All cases enumerated in
Schedule-IV shall be submitted to the Governor for his approval before issue of
orders.
(2)
The cases enumerated in
Schedule-IV shall be submitted to the Governor in such manner as the Governor
may generally or specially direct.
(3)
On a question whether any
matter is or is not a matter in respect of
which the Governor is by the Constitution empowered to act in his
discretion, the decision of the
Governor in his discretion shall be final.
42. GOVERNOR'S DIRECTIVE WITH REGARD TO DISPOSAL
OF CERTAIN CASES.-
The
Governor, within fifteen days of receipt of advice, may require the Cabinet or,
as the case may be, the Chief Minister, to reconsider its or his advice
tendered to the Governor in the performance of his functions, whether generally
or otherwise, and the Governor shall act within ten days in accordance with the
advice tendered after such reconsideration.
43. REFERENCE TO THE CHIEF MINISTER.-
(1)
Without prejudice to other
provisions of these rules:-
(a)
All cases mentioned in
Schedule-V shall be submitted to the Chief Minister for advising the Governor
to pass appropriate orders thereon; and
(b)
All cases mentioned in
Schedule-VI shall be submitted to the Chief Minister for his approval before
passing of orders.
(2)
A case submitted to the
Chief Minister for his order shall include a self-contained summary stating the
relevant facts and the points for decision. The summary shall include the
specific recommendations of the Minister concerned, and shall be accompanied by
a draft communication wherever appropriate.
44. REFERENCE TO THE
GOVERNOR.-
(1)
A case required to be
submitted to the Governor through Chief Minister for his order shall include a
self-contained summary stating the relevant facts and the points for decisions.
The summary shall be entitled "Summary for Chief Minister" and
contain the specific advice or recommendations of the Chief Minister along with
a separate paragraph to the effect that the case requires approval of the
Governor.
(2)
All cases specified in
Schedule-VII shall be submitted to the Governor for information through the
Chief Minister.
PART - G
MISCELLANEOUS PROVISIONS
45. Ordinances.-
(1)
The
provisions of rule-34 shall mutatis mutandis apply where the proposed
legislation is an Ordinance.
(2)
After
vetting of an Ordinance from Law, Parliamentary Affairs and Human Rights
Department, the Department concerned
shall move summary for fulfillment of requirement of rule-25 and obtaining
signatures of the Governor thereon through Law, Parliamentary Affairs
and Human Rights Department. After
signing of the draft Ordinance by the Governor, the Department concerned shall
send the same to the Law, Parliamentary Affairs and Human Rights Department for publication in the Gazette.
46. PROTECTION AND COMMUNICATION OF OFFICIAL
INFORMATION.-
(1)
No information acquired
directly or indirectly from official documents or relating to official matters
shall be communicated by a Government servant to the press, to non-official or
officials belonging to other Government offices, unless he has been generally
or specially empowered to do so.
(2)
Detailed instructions shall
be issued by the Chief Secretary for the treatment and custody of official
documents and information of a confidential character.
(3)
Ordinarily all official news
and information shall be conveyed to the press through the Information, Public
Relation and Culture Department and the manner in which this may be done shall
be prescribed, generally or specially in each case, by that Department Only
Ministers and Secretaries, and such officer as may be authorized, shall act as
official spokesmen of Government.
47. CHANNELS OF COMMUNICATION.-
(1)
Correspondence with the
Federal Government or another Provincial Government shall be conducted direct
by the Departments in respect of subjects allocated to them subject to the
provisions of rule-12 and it shall ordinarily be addressed to the Secretary of
the Ministry or Department concerned.
(2)
All correspondence with the
Government of a foreign country or a Pakistan Diplomatic Mission abroad or a
foreign mission in Pakistan or 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.
(3)
All correspondence with the
Headquarters of the Armed Forces, viz., Naval Headquarters, General
Headquarters or Air Headquarters or their subordinate formations, shall
normally be conducted through the Defense Division of the Federal Government:
Provided that by means of general
or special orders to be issued by the Defense Division, direct correspondence
may be allowed under such conditions and circumstances as may be specified:
Provided further that the provisions
of this sub-rule shall not affect normal communications between a Service
Commander and the Civil authorities in his area, or inter-departmental
discussion in which services representatives are required to take part.
(4)
All correspondence between
Government and the heads of Attached Departments shall be conducted through the
Secretary of the Department concerned.
48. REPEAL AND SAVINGS.-
(1)
The Khyber Pakhtunkhwa Government Rules of Business, 1985 are hereby
repealed.
(2)
Notwithstanding the repeal of Khyber Pakhtunkhwa Government Rules of
Business 1985, rules, any instructions issued and orders made under the said rules
shall continue to remain in force until altered, amended or withdrawn by the
Competent Authority.
CHIEF SECRETARY,
GOVERNMENT OF KHYBER PAKHTUNKHWA
SCHEDULE-I
[See Rule 3(1)]
LIST
OF DEPARTMENTS AND ATTACHED DEPARTMENTS
S.
NO. |
SECRETARIAT
DEPARTMENTS |
ATTACHED
DEPARTMENTS |
HEAD
OF ATTACHED
DEPARTMENTS |
Autonomous
Bodies/Companies |
1. |
Agriculture,
Livestock and Cooperative Department |
(a)
Directorate General, Agriculture
Extension |
(a)
Director General, Agriculture
Extension |
Response
awaited. |
(b)
Directorate General, Agriculture
Research |
(b)
Director General, Agriculture
Research |
|
||
(c)
Directorate General (Extension)
Livestock and Dairy Development |
(c)
Director General (Extension)
Livestock and Dairy Development |
|
||
(d)
Directorate General (Research), Livestock
and Dairy Development |
(d)
Director General (Research),
Livestock and Dairy Development |
|
||
(e)
Directorate General On-Farm Water
Management |
(e) Director General, On-Farm Water Management |
|
||
(f)
Directorate of Agriculture
Engineering |
(f) Director,
Agriculture Engineering |
|
||
(g)
Directorate of Soil Conservation |
(g) Director, Soil Conservation |
|
||
(h)
Directorate of Crop Reporting
Services |
(h) Director, Crop Reporting Services |
|
||
(i)
|
(i) Registrar, Cooperative Societies |
|
||
(j)
Directorate of Fisheries |
(j) Director, Fisheries |
|
||
2. |
Auqaf, Hajj,
Religious and Minority Affairs Department |
|
|
Chief
Administrator Auqaf Organization. |
3. |
Communication and
Works Department |
(a)
Office of the Chief Engineer
(Centre) (b)
Office of the Chief Engineer
(North) |
(a)
Chief Engineer (b)
Chief Engineer |
i.
Pakhtunkhwa Highways Authority. |
(c)
Office of the Chief Engineer (CDO) |
(c)
Chief Engineer |
ii. Project
Management Unit. |
||
4. |
Elementary and
Secondary Education Department |
(a)
Directorate of Elementary and
Secondary Education, Khyber Pakhtunkhwa. (b) PITE
Peshawar (c) Directorate
of Curriculum and Teachers’ Education, Khyber Pakhtunkhwa |
(a)
Director (b)
Director (c) Director |
i.
BISEs Peshawar, Kohat, Bannu,
D.I.Khan, Mardan, Swat, Abbottabad and Malakand. ii.
Textbook Board Peshawar. iii.
Peshawar Public School/ College Peshawar. iv.
The Fazle Haq College, Mardan. v.
Abboattabad Public School
& College, Abbottabad. vi.
Excelsior College, Swat. vii.
Cadet College, Kohat. viii.
Akram Khan Durrani College, Banhnu. ix.
Swabi Model School, Kotha, Swabi. x.
Mufti Mehmood Public School,
D.I.Khan. xi.
Pakistan Scouts College, Batrasi,
Mansehra. xii.
Bacha Khan Model School, Pabbi,
Nowshera. xiii.
Bacha Khan Model School, totalai,
Buner. xiv.
Bacha Khan Model School, Jandool, Dir
Lower. |
5. |
Energy and Power
Department |
Electric
Inspectorate |
Electric
Inspector MD
PHYDO C.E.O
OGCL |
PHYDO KPK
Oil & Gas Company Limited (OGCL) |
6. |
Forestry, Environment
and Wildlife Department |
(a)
Office of the Chief Conservator of
Forests. (b)
Office of the Chief Conservator of
Wildlife. (c)
Directorate General Environmental
Protection Agency. (d)
Pakistan Forest Institute. |
(a) Chief
Conservator of Forests. (b)
Chief Conservator of Wildlife. (c) Director General, Environmental Protection
Agency. (d) Director General, Pakistan Forest Institute. |
Response
awaited |
7. |
Establishment and
Administration Department |
(a)
Directorate of Anti-Corruption
Establishment |
(a)
Director Anti-Corruption
Establishment, Khyber Pakhtunkhwa |
|
|
|
(b) Khyber
Pakhtunkhwa Service Tribunal (c)
Provincial Inspection Team (PIT) |
(b)
Chairman, Khyber Pakhtunkhwa
Service Tribunal (c)
Chairman, Provincial Inspection
Team (PIT) |
|
8. |
Excise, Taxation
and Narcotics Control Department |
(a) Directorate General, of Excise &
Taxation Department |
(a) Director General, Excise & Taxation |
Response
awaited |
9. |
Finance
Department. |
(a)
Directorate of Local Fund Audit (b)
Directorate of Treasuries and
Accounts |
(a)
Director, Local Fund Audit (b)
Director, Treasuries and Accounts |
Bank
of Khyber. |
10. |
Food Department |
Directorate
of Food |
Director,
Food |
Response
awaited |
11. |
Health Department |
(a)
Directorate General Health
Services |
(a) Director
General, Health Services |
Response awaited |
12. |
Higher Education,
Archives and Libraries Department |
(a)
Directorate of Higher Education |
(a)
Director, Higher Education |
i. University of Peshawar. ii. University of Engineering &
Technology, Peshawar. iii. Gomal University, Dera Ismail Khan. iv. Hazara University, Dhodial, Mansehra. v. Kohat University of Science &
Technology, Kohat. vi. University of Malakand, Chakdara Dir (Lower). vii. Shaheed Benazir Bhutto Women University,
Peshawar. viii. University of Science and Technology,
Bannu. ix. Islamia College, Peshawar. x. University of Swat. xi. Abdul Wali Khan University, Mardan. xii. Shaheed Benazir Bhutto University,
Sheringal, Dir (Upper). xiii. University of Agriculture, Peshawar. xiv. Khyber Medical University, Hayatabad,
Peshawar. xv. Institute of Management Sciences,
Hayatabad, Peshawar. xvi. Bacha Khan University, Charsadda. xvii. University of Haripur. xviii. Khushal Khan Khattak University, Karak. xix. University of Swabi. xx. Higher Education Regulatory Authority
(HERA). xxi. Frontier Education Foundation (FEF). xxii. Education Employees Foundation (EEF). xxiii. Education Testing
Evaluation Agency (ETEA). xiv. Edwards College. |
(b)
Directorate of Archives &
Libraries (c)
Directorate of Academy, Research
and Training |
(b)
Director,
Archives & Libraries (c)
Directorate of Academy, Research
and Training |
|||
13. |
Home and Tribal
Affairs Department |
(a)
Police Department (b) Inspectorate
General of Prisons (c)
Directorate of Probation and
Reclamation (d) Directorate
of Prosecution, Khyber Pakhtunkhwa |
(a)
Inspector General of Police/
Provincial Police Officer (b)
Inspector General of Prisons (c)
Director Probation and Reclamation (d)
Director, Prosecution, Khyber
Pakhtunkhwa |
|
14. |
Housing
Department |
-- |
-- |
i.
Provincial Housing Authority. ii.
Project Management Unit. iii.
Intuitional Strengthening of Housing Department. |
15. |
Industries,
Commerce and Technical Education Department |
(a)
Directorate General Technical
Education & Manpower Training (b)
Directorate of Industries and
Commerce (c)
Printing & Stationery
Department |
(a)
Director General, Technical
Education & Manpower Training (b)
Director, Industries and Commerce (c)
Controller, Printing &
Stationery Department |
i. Board of Technical Education. ii. Small Industries Development Board (SIDB). iii. Sarhad Development Authority (SDA). |
16. |
Information and
Public Relations Department |
(a)
Directorate of Information &
Public Relations. |
(a) Director,
Information & Public Relations. |
Response
awaited |
17. |
Inter Provincial
Coordination Department |
-- |
-- |
Response
awaited |
18. |
Irrigation
Department |
(a) Office of the Chief Engineer (South)
Irrigation (b) Office of the Chief Engineer (North)
Irrigation (c) Directorate General, Small Dams |
(a) Chief Engineer (South), Irrigation (b)
Chief Engineer,
Irrigation (c) Director General, Small Dams |
|
19. |
Labour Department
|
Directorate of Labour |
Director,
Labour |
i. Employees Social Security Institution,
Khyber Pakhtunkhwa. ii. Workers Welfare Board, Khyber Pakhtunkhwa. |
20. |
Law,
Parliamentary Affairs and Human Rights Department |
(a)
Office of the Advocate General (b) Directorate of Human Rights |
(b) Advocate
General (b)
Director, Human Rights |
_ |
21. |
Local Government,
Election and Rural Development Department |
Directorate
General, Local Government |
Director
General, Local Government |
Response
awaited |
22. |
Minerals
Development Department |
Directorate
General of Mines and Minerals |
Director
General, Mines and Minerals |
_ |
23. |
Planning and
Development Department. |
Bureau
of Statistics. |
Director,
Bureau of Statistics |
Response
awaited |
24. |
Population
Welfare Department |
Directorate
General, Population Welfare |
Director
General, Population Welfare |
_ |
25. |
Public Health
Engineering Department |
(a)
Office of Chief Engineer North (b)
Office of Chief Engineer South |
(a) Chief Engineer North (b) Chief Engineer South |
Response
awaited |
26. |
Relief
Rehabilitation and Settlement Department |
Civil
Defense |
Director
|
i. Provincial Disaster Management
Authority (PDMA) ii. Emergency Rescue Service Rescue-1122 |
27. |
Revenue
Department |
Board
of Revenue |
Member,
Board of Revenue |
|
28. |
Science &
Technology and Information Technology Department. |
(a) Directorate of Science & Technology,
Khyber Pakhtunkhwa. (b) Directorate of Information Technology, Khyber Pakhtunkhwa. |
(a) Director (b) Director |
Khyber Pakhtunkhwa
Information Technology Board. |
29. |
Sports, Culture, Tourism, Youth
Affairs, Archaeology and Museums Department |
(a)
Directorate General of Sports (b)
Directorate of Archaeology &
Museums (c)
Directorate of Culture |
(a)
Director General, Sports (b)
Director Archaeology & Museums (c)
Director, Culture |
(a) Sports Foundation (b) Tourism Corporation Khyber Pakhtunkhwa (c) Pakistan Austrian Institute of
Tourism and Hotel Management (PAITHOM) (d) Malam Jabba Tourist Resort. (e) Tourism Services Wing. |
30. |
Transport &
Mass Transit Department |
Directorate
of Transport |
Director,
Transport |
i.
Provincial Transport Authority Khyber Pakhtunkhwa. ii. Regional Transport Authority Peshawar. iii. Regional Transport Authority Mardan. iv. Regional Transport Authority Malakand. v. Regional Transport Authority Hazara. vi. Regional Transport Authority Kohat. vii. Regional Transport Authority Bannu. viii. Regional Transport Authority D.I Khan. |
31. |
Zakat, Ushr,
Social Welfare, Special Education and Women Empowerment Department |
Directorate
of Social Welfare, Special Education and Women Empowerment |
Director,
Social Welfare, Special Education and Women Empowerment |
|
SCHEDULE-II
[See Rule 3(3) and Rule 13(2) (a)]
DISTRIBUTION OF BUSINESS AMONGST DEPARTMENTS
AGRICULTURE, LIVESTOCK AND COOPERATIVE DEPARTMENT
I. Agriculture:
1. (a) Agricultural Education and Research
including Khyber Pakhtunkhwa Agricultural University;
(b) Experimental and demonstration farms;
(c) Improvement
of Agricultural methods;
(d) Protection against Insects and pests and
prevention of plant diseases;
(e) Introduction
of special crops like jute, tea and olive etc;
(f) Socio
economic studies for framing Agricultural Research Policies;
(g) Economic
studies for framing Agricultural Policy;
(h) Crop
forecast, estimation & crop insurance;
(i) Registration
of farmers under the Institution of Model Farm Services Centers & provision of seeds, fertilizers,
pesticides & technical services to farming community;
(j)
Under developed areas;
i.
Identification & development of under developed areas; and
ii.
Identification of the fields in which an area is under developed.
2. Arboricultural
Operations.
3. Market Regulation of
Agricultural Pesticides and Fertilizers.
4. Marketing
Works:
(a) Development of market intelligence system.
(b) Agricultural commodity research (marketing
research and laboratory research for laying down national grades).
5. Apiaries.
6. Agricultural
Engineering mechanized cultivation.
7. Standardization of Agricultural Machinery.
8. Improvement of varieties its
nutritional requirements and maintenance of soil fertility in Research Wing.
9. Protection or conservation of Agricultural lands and water
harvesting.
(a)
Soil survey, comprehensive
inventory of soil resources to Province of the Khyber Pakhtunkhwa and their
proper utilization;
(b)
To evaluate the land
resource for various kinds of Agricultural and Non Agricultural development;
(c)
To assist the Government and
Semi-Government / Non-Governmental Organizations in feasibility studies and
preparation or execution of Agricultural developmental projects;
(d)
To promote sustainable land
use and land management for increasing Agricultural production and ensuring
conservation of the national land resources and environmental protection;
(e)
Prevention of Non
Agricultural use of prime Agricultural Land;
(f)
Prevention of encroachments
of natural water ways (Khwars and nulahs).
10.
Estimation of district wise
area and production of all major or minor crops grown in the Province of the
Khyber Pakhtunkhwa.
11.
Release of lands dues
statistics regarding area irrigated by different sources, Agriculture machinery
and loans extended by various commercial and non-commercial banks during the
year under survey.
12.
Forecasting of cultivated
area and production of major crops on sample survey basis in each season as per
forecast calendar.
13.
Assessment of yield of major
crops on the basis of crop cut experiments collection and maintenance of
Agriculture inputs data.
14.
Compilation of harvest
prices data.
15.
Farm management research for
project planning, formulation and evaluation.
II.
Cooperative:
16.
Cooperative Societies and
Banks.
17.
Economic Planning and
Coordination with regard to cooperatives societies.
18.
Procurement, storage and
distribution of seeds and fertilizers.
19.
Installation of tube wells
and pumping sets.
20.
Supply of Agricultural
machinery.
21.
Marketing of Agricultural
products.
22.
Organization of housing
cooperative societies.
23.
Consumers Cooperative
Stores.
24.
Cooperative Education and
publicity through Khyber Pakhtunkhwa Cooperative Union.
25.
Provision of Agricultural
supplies and other essential commodities.
26.
Women Handicraft Marketing
Cooperatives.
III. Livestock:
27.
Improvement of Livestock.
28.
Prevention of animal
diseases.
29.
Veterinary Training and
Research.
30.
Appropriate measures for
welfare and prevention of cruelty to animals.
31.
Establishment of regional
epidemiological units and their linking with provincial, federal and other
regional centers for epidemiological surveys, disease surveillance, reporting,
early warning and rapid response.
32.
Strengthening of animal
extension production services for organizing farmers, transfer of technology
and establishing a network of livestock farmer’s field schools.
33.
Improvement of Livestock,
poultry and their products & by-products markets, facilitation of their
marketing and conducting market surveys.
34.
Research and development of
feed, fodder, forages and pasture development.
35.
Organizing and promoting
Livestock fairs, shows, field days and veterinary camps.
36.
Conservation and development
of livestock, poultry breeds.
37.
Basic and applied research
on livestock, poultry production, diseases, biologics, feed and fodder.
38.
Coordination and liaison
with various stakeholders in Livestock sector.
39.
Bio-risk management and
maintenance of bio-safety and bio-security in entities where biological
activities are carried out.
40.
Ante-mortem and postmortem
examination of animals, inspection of slaughter houses, inspection and analysis
of milk, meat, feed ingredients, veterinary drugs and other Livestock, poultry
products and by products.
41.
Regulating the movement and
transportation of Livestock and poultry and their products and by products from
and to the province.
42.
Establishment of Livestock
and poultry complexes, veterinary institutions, provision of
veterinary/veterinary public health services.
43.
Livestock sector project
formulation, implementation, monitoring and evaluation.
44.
Facilitating insurance of
livestock and poultry, and credit for dairy and poultry farming and allied
industry.
IV.
Fisheries:
45.
Management and development of public waters,
fish hatcheries production of fish farms and recreational fisheries.
46.
Improvement of methods/techniques to capture
fish.
47.
Experimentation and demonstration of fish
farms to popularize fish culture both in public and private sectors.
48.
Development of fishermen community.
49.
Collection and tabulation of statistical
data on fisheries.
50.
Applied research on fisheries.
51.
Introduction and cultivation of exotic
varieties of fish.
52.
Fisheries training.
53.
Protection, preservation, conservation and
management of fisheries in the Province.
54.
Enforcement of Fisheries Ordinance, 1961 and
the rules made thereunder.
55. Service matters except those
entrusted to Establishment and Administration Department
and District government.
AUQAF, HAJJ, RELIGIOUS AND MINORITY AFFAIRS DEPARTMENT
Auqaf Department:-
1.
Administration of
(a)
The Khyber Pakhtunkhwa Waqf
Properties Ordinance, 1979; and
(b)
The West Pakistan Historical
Mosques Cess Fund Ordinance, 1960.
2.
Charitable and Religious
Endowment.
3.
Religious Trusts.
4.
Muslims graveyard taken over
by the Chief Administrator of Auqaf under section 6 of the West Pakistan Waqf
Properties Ordinance, 1961.
5.
Control and repair, etc., of
all Historical Mosques and Shrines taken over by the Auqaf Department.
Religious and Hajj Affairs
6.
Holding of Husn-e-Qirat
competition.
7.
Celebration of
Seerat-un-Nabi (S.A.W) conference.
8.
Convening of Ulemas and
Mashaikh Conference.
9.
Meeting of Ruet-e-Hilal
Committee.
10.
Arrangements of
Mehfal-e-Shabina.
11.
Reception of scholars,
religious prominent figures of different Islamic countries and conduct of their
tours in the Province.
12.
Hajj arrangements.
13.
Tabligh propagation.
14.
Hajj Conference.
15.
Publication of books of
Islamyat.
16.
Safeguarding distortion of
Holy Quran.
Minorities Affairs
17.
Safeguarding the rights of
minorities.
18.
Promotion of Welfare of
Minorities.
19.
Meetings of the
Provincial/District Minorities Committee.
20.
Co-ordination with the
Federal Government on matters relating to welfare of minorities.
21.
All other matters relating
to Minorities.
ELEMENTARY
AND SECONDARY EDUCATION DEPARTMENT
1.
General Education:-
(a)
Primary Education;
(b)
Secondary Education, at the
level of high/Higher Secondary Schools.
2.
Regulation, Registration and
Supervision of Private Schools/Training Institutions.
3.
BISEs, Text Book Board,
Public Schools & Colleges/Cadet Colleges and Elementary Education
Foundation.
4.
Grants of
scholarships/stipends to students.
5.
Administration of Compulsory
Primary Education Act-1996.
6.
Boys Scouts and Girls Guide
Associations in the Province.
7.
Curriculum.
8.
Syllabus.
9.
Planning.
10.
Policy.
11.
Service matters except those
entrusted to Establishment and Administration Department and District
government.
ENERGY AND POWER DEPARTMENT
1.
All relevant matters under Articles 154,
157, 158 & 161 of the Constitution and framing policies for the Province in
their respect.
2.
Grant and revocation of licenses to the
private electric undertaking, certificates of competency to electrical
supervisors and licenses to electric contractors under the Electricity Act,
1910.
3.
Levy and collection of electricity duty
under West Pakistan Finance Act, 1964.
4.
Monitoring of tariff of PESCO vis-Ã -vis
other DISCOs for regulation of tariff.
5.
Administration of Pakhtunkhwa Hydel
Development Organization Act, 2013.
6.
All matters pertaining and auxiliary to
hydel power stations of WAPDA or any other public/private sector agency located
in the Province.
7.
Advising the Provincial Government on
thermal, solar, wind, coal, nuclear, and any other kind of energy and power
generation.
8.
Close coordination with the Federal Govt. in
respect of grant of licenses for oil and gas exploration in Khyber Pakhtunkhwa
and cooperation with such companies and organizations undertaking such ventures
in the Province.
9.
Matters relating to extension of gas by
SNGPL in the Province.
10.
Matters relating to tariff on gas, CNG or petroleum
products, royalty on gas and oil, gas development surcharge.
11.
Planning, designing and erection of Power
generation units and supply of electricity load to the province as per its
requirement.
12.
Representation of the Province on the boards
of Directors of PESCO and other DISCOs in view of hydro electricity as major
contributor to, and source of, energy.
13.
Formulate, regulate and review Provincial
Power Policy.
14.
Investigation into fatal and non-fatal
accidents due to electrocution.
FORESTRY, ENVIRONMENT AND WILDLIFE DEPARTMENT
I- Environment:
(a)
Environmental protection;
and
(b)
Energy
Conservation.
II- Forests:
1.
Forest settlement.
2.
Re-afforestations.
3.
Range management.
4.
Erosion.
5.
Denudation.
6.
Cooperatives in Guzara
Forests.
7.
Ecology and Environmental
factors.
8.
Watershed Management.
9.
Applied Research in
forestry.
10.
Forest Training.
III.
Wildlife.
11.
Protection, preservation, conservation and
management of wildlife including all matters falling within the purview of the Khyber
Pakhtunkhwa Wildlife (Protection, Preservation, Conservation and Management)
Act, 1954, (Khyber Pakhtunkhwa Act V of 1975).
12.
Habitat improvement.
13.
Conservation education and
training.
14.
Applied research on wildlife
and its habitat.
IV.
Sericulture.
15.
Establishment of mulberry nurseries.
16.
Distribution of mulberry saplings, its
plantation and cultivation.
17.
Import of hybrid silk worm eggs and its
isolation, etc.
18.
Production, hybridization, distribution, etc.
of silk worm eggs.
19.
Training of farmers and members of staff in
the art of sericulture.
20.
Control of silk worm diseases.
21.
Control of mulberry diseases and insects
pests.
22.
Production of silk yarn.
23.
Purchase of cocoons from farmers.
24.
Development and expansion of sericulture.
25.
Improvement of socio-economic condition of
farmers.
26.
Service matters, except those entrusted to the
Establishment & Administration Department.
ESTABLISHMENT
& ADMINISTRATION DEPARTMENT
1.
Cabinet Work.-
(a)
Cabinet of Minister
(Appointment, Salaries and Privileges of Ministers); and
(b)
All Secretarial work of
Cabinet of Ministers including convening of meetings.
2.
Chief Minister’s
Secretariat.
3.
General Coordination.
4.
Honours, Awards and Sanads
for Public Services.
5.
Communication Security
Centre and other codes.
6.
Ceremonials:
(a)
Warrant of precedence and
table of precedence;
(b)
Pakistan Flag Rules;
(c)
Civil uniforms;
(d)
Court mournings; and
(e)
Liveries and Clothing Rules.
7.
Holidays.
8.
Office management-
(a)
Civil Secretariat and
Government Offices generally; and
(b)
Secretariat Standing Orders.
9.
Preparation of Civil List
and Official Gazette.
10.
Services rules (other than
former C.S.P.) relating to various services and posts, and interpretation
thereof.
11.
Policy regarding services
associations.
12.
(a) Matters
connected with the Services of All Pakistan Unified Group (APUG) Officers.
(b)
Matters connected will the Services matter
relating to recruitment, training, pay allowances, promotion, leave, postings
etc. of-
(i)
The P.C.S (Executive Group)
and;
(ii)
P.C.S (Secretariat Group)
Services;
(iii)
The Khyber Pakhtunkhwa
Provincial Management Service; and
(iv)
The Ministerial
Establishment of the Provincial
Secretariat.
13.
Anti-Corruption.
14.
Organization and Methods
(a)
Periodic review of the organization staff, functions
and procedures of the
Departments, Attached Departments and Subordinate Offices, and suggestions for
improvement thereof;
(b)
Improvement of general efficiency and economic
execution of the Government
Business;
(c)
Advice regarding proper
utilization of stationery and
printing resources of the
Government; and
(d)
Training in Organization and
Methods.
15.
Public Service Commission.
16.
Framing and alteration of Rules of Business of Provincial
Government and allocation of business
among Ministers and Departments.
17.
Estate Office.
18.
Distribution of Provincial
quota of motor cars.
19.
Identity Cards for civil officers/officials.
20.
Compilation of the list of persons debarred from future
employment under the Provincial Government for submission to the Government of
Pakistan.
21.
Guest/Rest Houses policy.
22.
Staff cars pool.
23.
Departmental examinations
(Section Officers, Senior Scale Stenographers and Assistants).
24.
Conduct of Departmental Examination of DMG
(BS-17), PCS(EG), PMS officers and Civil Tehsildars, etc.
25.
The Khyber Pakhtunkhwa
Services Tribunal Act, 1974.
26.
Benevolent Fund.
27.
Welfare and Group Insurance
of Provincial Government employees.
28.
Formation of cadres and
classification of posts.
29.
Office Hours.
30.
Instructions for the
preparations and submission of Annual Confidential Reports.
31.
Declaration of Assets.
32.
Secretaries’ Committee
Meetings.
33.
West Pakistan Essential
Services (Maintenance) Act and all matters connected therewith.
34.
West Pakistan Civil Services
(Application for Posts) Rules, 1957.
35.
Relaxation of age limits
rules.
36.
Tendering advice to the
referring Department on service matters.
37.
Principles regulating
promotions from one post for a class to another.
38.
Concessions to candidates
from Tribal and Backward Area (policy).
39.
Rights and interest of
Members of service under the Constitution.
40.
Departmental enquiries
(policy).
41.
Advance copies of
representations (policy).
42.
Change in the date of birth
(policy).
43.
Change of name (policy).
44.
Postings and Transfers
(policy).
45.
Marriage with foreign
nationals (policy).
46.
Government Servants Conduct
Rules and their interpretation.
47.
Constitution of adhoc Committee.
48.
Re-employment of retired
officers and extension in service to superannuated officers (policy).
49.
Relaxation of T.A. Rules
Provincial Services (policy).
50.
Language Examination Rules
(policy).
51.
Constitution of Selection
Board.
52.
Maintenance of cards by low
paid officers (policy).
53.
Framing, Processing,
Notifications and interpretation of recruitment/service rules and amendment
thereof.
54.
Departmental Examinations
rules processing (policy).
55.
Radio talk by Government
servants (policy).
56.
Writ petition filed by
person retired under Martial Law Regulation.
57.
Ordinance, Acts or Rules
relating to Service matters of civil servants.
58.
Standing Service Rules
Committee (SSRC).
59.
Inter-Provincial transfers.
60.
General circulars, etc.
61.
Other matters pertaining to
Complaint Cell.
62.
Report on the observance and
implementation of the principles of policy under Article 29 (3) of the Constitution.
63.
Condonation of
interpretation/breakage in service.
64.
Casual Leave Rules.
65.
State Guests.
66.
Protocol.
67.
Matters relating to Federal
Cabinet Meetings.
EXCISE,
TAXATION AND NARCOTICS CONTROL DEPARTMENT
1.
Control
of tobacco, opium, hemp, narcotics, liquor and intoxicants’ preparation, import
license and contracts relating thereto and excise taxes thereon.
2.
Tobacco
Bend Fees.
3.
Assessment
and collection of taxes on:
(a)
Luxuries,
amusements, bettings;
(b)
Professions,
trades, calling, employments;
(c)
Urban
immovable properties;
(d)
Motor
Vehicles;
(e)
Capital
gains;
(f)
Real
Estate Agents and Motor Vehicle Dealers; and
(g)
Historical
Mosques.
4. Utilization of Tobacco Development Cess.
FINANCE
DEPARTMENT
1.
Management of public funds
i.e.
(a)
Supervision and control of
Provincial finances;
(b)
Preparation of Provincial
budget;
(c)
Preparation of Supplementary
estimates and demands for excess grants;
(d)
Appropriations and
re-appropriations; except those relating to development budget which will be
sanctioned only with the prior concurrence of Planning and Development
Department; and
(e)
Ways and Means.
2.
Public Accounts and Public
Accounts Committee.
3.
(a) The framing of financial rules for guidance
of Departments and supervision of maintenance of accounts.
(b)
To guide autonomous and
semi-autonomous bodies, whether aided wholly or partly from provincial revenues
in the framing of various financial regulations under the relevant
Acts/Ordinances constituting the said body.
4.
The farming of Civil Service
Rules applicable to all Government servants and interpretation thereof.
5.
Floatation and
administration of Provincial loans.
6.
Examination and advice on
matters affecting directly or indirectly the finance of the province.
(a)
grants, contributions, other
allowances an honoraria, contingencies recoveries from and payment to
Government Departments and cases relating to money matters generally
(b)
emoluments, pensions and
allowances; and
(c)
loans advances to Government
Servants.
7.
Administrations of public
revenue save as otherwise provided.
8.
Assets and Liabilities
Committee.
9.
Banking.
10.
Communication of financial
sanctions.
11.
Examination of all proposals
for the increase or reduction of taxation.
12.
Creation of new posts and
examination of schemes of new expenditure.
13.
Audit of receipts and
expenditure.
14.
Public Debts.
15.
The Local Fund Audit
Department.
16.
Treasuries and Sub-
Treasuries.
17.
Electronic Data Processing.
FOOD DEPARTMENT
1.
Food procurement, rationing
and distribution.
2.
Storage of Food grain.
3.
Control over the price and
distribution of sugar-cane.
4.
Control over the price and
distribution of sugar and other matters under the Sugar Factories Control Act,
1950.
5.
Implementation of Sugarcane Development Cess Rules,
1964.
6.
Civil Supplies.
7.
Price of food items.
8.
Services matters, except
those entrusted to the Establishment and Administration Department.
HEALTH DEPARTMENT
I. Leadership and
evidence-based direction setting for health sector.
1. Health
policy and reforms.
2. Health planning,
financing and budget.
II.
Health Support and Development.
3. Health promotion
(a) Health
education; and
(b) Community
involvement and advocacy.
4. Disease prevention and control:
(a) Communicable
Diseases; and
(b) Non-communicable
diseases.
5. Occupational Health.
6. Environmental Health.
7. Curative and rehabilitative care.
(a)
Primary, secondary and tertiary level curative
services including mental health; and
(b)
Rehabilitative care.
8. Health related preparedness and
response to disasters.
III. Health Regulation and
Enforcement.
9.
Health personnel, facilities and services.
10.
Levying of fees and charges by medical
professionals and facilities.
11.
Quality assurance and control.
12.
Facilities and services.
13.
Drugs control.
14.
Alternative systems of medicine.
15.
Food and sanitation:
(a)
Prevention and control of adulteration in
food; and
(b)
Monitoring & reporting upon safe drinking
water supply and sanitation services.
16.
Devices and technology.
IV. Management Support
Services.
17.
Health human resources planning.
18.
Health human resource development:
(a)
Provision of quality medical and allied education;
(b)
Pre-service training support of medical and
health professions; and
(c)
In-service training of health human resource.
19.
Health human resources management.
20.
Logistics and procurement
21.
Internal audit and accounting in the Health
Department.
22.
Legal services:
(a)
Propose medico-legal advice and litigation;
(b)
Propose law review, amendment, formulation
relating to Health Department; and
(c)
Facilitate Law, Parliamentary Affairs and Human Rights Department in litigation related to Health
Department.
V. Monitoring
and evaluation.
23.
Generation of evidence:
(a) Performance assessment;
(b) Information and communication systems; and
(c) Health, medical and
allied research.
24.
Knowledge management for evidence based
decision making.
VI. Co-ordination on health
related matters.
25.
Ministries, Departments, Local and International
Partners and donors.
HIGHER
EDUCATION, ARCHIVES AND LIBRARIES DEPARTMENT
1.
College
Education.
2.
University
Education.
3.
Coordination
of schemes for higher studies abroad.
4.
Grants
of scholarship.
5.
Promotion
of Scientific Research.
6.
Centers
of Excellence, Centers for Special Studies and Area Specific Research.
7.
Development,
designing and updating of curricula and syllabi.
8.
Development
and preparation of Provincial Education Policy.
9.
Education
Research focusing on solution of social issues.
10.
Boys
Scouts and Girls Guides in the Institutions of Higher Education.
HOME AND TRIBAL AFFAIRS DEPARTMENT
Law and Order, and Courts.
1.
Public Order and internal
security.
2.
Political intelligence and
censorship.
3.
Administration of Justice,
constitution and organization of courts except the High Court.
4.
Criminal Law and Criminal
Procedure.
5.
Evidence and Oaths.
6.
Arms, ammunition and
military stores.
7.
Control of petroleum and
explosives.
8.
Public amusement control
over places, performances and exhibition.
9.
Crime report.
10.
All matters connected with
police establishment and administration report:
(a)
Police Rules.
(b)
Police works.
(c)
Grant of Gallantry Awards.
11.
Prisons, reformatories and
similar institutions, classification and transfer of prisoners, state,
political prisoners, Good Conduct Prisoners and Probational Release Act.
12.
Extradition and Deportation.
13.
Passport and Permits.
14.
Compensation for loss of
property or life due to civil
commotion or while on duty.
15.
Rent control and
requisitioning of property.
16.
Smuggling.
17.
Clubs.
18.
Collective fines
19.
Hoarding and black
marketing.
20.
Defence planning.
21.
Civil Security Schemes.
22.
Commutation and remission of sentences, mercy petitions.
23.
Preventive detention and
administration of Press Laws.
24.
Prosecutions in respect of newspapers and other publications.
25.
Border incidents
26.
Pilgrims and pilgrimages.
27.
Political pensions, mutiny
allowances and Jagirs.
28.
Homeguards and territorial
forces.
29.
Question of domicile and application for
Nationality certificates.
30.
Registration of aliens.
31.
Recovering of missing
persons.
32.
Prohibited maps.
33.
Enemy property and schedule
of persons and firms specified as enemy.
34.
Matters connected with the
Navy, the Army, or the Air
Force or the Pakistan Marine
Services or any other Armed
Forces:
(a)
Territorial Force Act and
Auxiliary Force Act;
(b)
Recruitment work for the
Defence Services, including admission of
cadets military institutions;
(c)
Appointment of Honorary Recruiting Officers;
(d)
Naval and Military works;
(e)
Sailors, soldiers and
Airmen's Boards;
(f)
Forfeiture and restoration
of Military pensions;
(g)
Camping Ground; and
(h)
War
injuries schemes.
35.
Protection of key points and
vital installations.
36.
Afghan Refugees and
allowances.
37.
(a) Representation in criminal cases;
(b) Appeals and application for enhancement of
sentences and conviction; and
38.
Public Prosecutors,
Appointment, Transfer and Leave etc.
39.
Defence of pauper accused in
the courts and fees to pleader for such defence.
40.
All matters pertaining to
administration of Provincially Administered Tribal Areas including preparations
of annual budget (non-development and development) for those areas.
41.
Extension of Local
Government institutions and laws to Provincially Administered Tribal Areas.
42.
Reservation of seats in
various services for Tribal people of Provincially Administered Tribal Areas
and recruitment of tribes in the Army.
43.
Budget for levies and
Khasadars is released by the SAFRON through Home Department.
HOUSING DEPARTMENT
1.
Administration of Khyber
Pakhtunkhwa Provincial Housing Authority Act, 2005.
2.
Planning and execution of
schemes under “Housing for all” and “Housing for Government Employees” and
other Housing Schemes from time to time.
3.
Coordinating, Development
Control and Policies with other Government agencies including Local Areas
Authorities and Cantonment Boards.
4.
Formulation of Policies and
Control with regard to Urban Growth and Development.
5.
Area Development Schemes and
New Townships.
6.
Housing Loans and
Investments.
7.
Preparation of schemes for
approval of Provincial Development Working Party (PDWP), Central Development
Working Party (CDWP) and Emirates Nuclear Energy Corporation (ECNEC) etc.
8.
Execution of works as
deposit works.
9.
Service matters, except
those entrusted to Establishment and Administration Department.
INDUSTRIES, COMMERCE AND TECHNICAL EDUCATION
DEPARTMENT
1.
Planning development and
control of industries, including cottage industries.
2.
Industrial Research
3.
Industrial training
(including training of demonstration parties).
4.
Industrial exhibition within
the country.
5.
Survey of industries.
6.
Trade and commerce, within
the Province, including Government commercial undertakings, Merchandise Marks
Act, railway freight, import and export, trade control, capital issue,
Insurance Act, Registration of Accountants, Auditors Certificate Rules,
Partnership Act, trade condition reports, trade enquiries and agreements.
7.
All cases relating to
Boilers Act, Patent and Designs Act, Explosive and Companies.
8.
Registration of Joint Stock
Companies, Firms, Societies.
9.
Store Purchase Department,
purchase of stores and capital goods including stores for Government Presses
and Public Works Department.
10.
The Provincial Advisory
Panels for Industries.
11.
Chambers and Associations of
Commerce and Industry.
12.
Undesirable Companies
Ordinance and matters relating thereto.
13.
The Khyber Pakhtunkhwa
Consumers Protection Act, 1997.
14.
Stationery and Printing.-
(a)
Government Book Depots -
supply of official publication of the Government and exchange of publications
with Federal and other Provincial Governments;
(b)
Purchase and servicing and
condemnation of typewriters and duplicators;
(c)
Establishment and budget of
Provincial Presses and Stationery Offices;
(d)
Procurement of stationery
(both indigenous and imported and its supply to
(e)
Departments);
(f)
Monthly income and
expenditure statements of Government Presses;
(g)
Printing and binding at
private and Government Presses;
(h)
Local purchase of
stationery;
(i)
Printing and Stationery
Manual; and
(j)
Allocation of stationery to
Departments and disposal of waste papers.
Technical
Education.-
15.
Technical Education and
Research excluding Medical and Agricultural Education.
16.
Services matters, except
those entrusted to Establishment &Administration Department.
17.
Resettlement and Employment
of demobilized personnel.
18.
Technical Training Centres.
19.
Provincial Policy, planning
& coordination regarding manpower development & employment promotion.
20.
Registration of essential
personnel.
21.
Preparation of short and
long term programmes for manpower development & employment promotion.
22.
Apprenticeship training
& other programmes for workers.
23.
War injuries schemes &
war injuries compensation insurance.
INFORMATION AND PUBLIC RELATIONS DEPARTMENT
1.
Publicity.
2.
Public Relations.
3.
Government hospitality.
4.
Newspapers, books,
magazines, pamphlets, posters and printing press.
5.
Motion Picture Ordinance,
1979.
6.
Administration of Press Laws
including Press Censorship.
7.
Production and distribution
of films and documentaries of general or educational interest in consultation
with Department concerned.
8.
Culture.
9.
Service matters, except
those entrusted to Establishment &Administration Department.
INTER PROVINCIAL COORDINATION DEPARTMENT
1.
Matters between Federal
Government and Provincial Government
2.
Matters relating to
Inter-Provincial Coordination
3.
Matters relating to
Inter-Provincial Conferences.
4.
Matters relating to Council
of Common Interest
5.
Matters related to National
Security Council
6.
Provincial Monitoring Cell
& Provincial Complaints Cell
7.
National Internship
Programme
8.
President’s directives.
9.
Prime Minister’s directives.
IRRIGATION DEPARTMENT
1. (a) Rivers and riverine surveys;
(b)
Construction and maintenance
of canals;
(c)
Tube-Wells and other water
utilization schemes in areas other than those declared as "Local
Areas" under the Soil Reclamation Act, 1952;
(d)
Embankment;
(e)
Drainage other than field
drains in areas declared as "Local Areas" under the Soil Reclamation
Act, 1952; and
(f)
Storage of water and
construction of water reservoirs.
2.
Barrage construction work
and all matters connected therewith.
3.
Water logging schemes in
areas other than those declared as "Local Areas" under the Soil
Reclamation Act, 1952.
4.
Land Reclamation Schemes in
areas other than those declared as "Local Areas" under Soil
Reclamation Act, 1952.
5.
Flood Control Schemes. .
6.
Administration of the Canal
and Drainage Act, 1873 (VIII of 1873).
7.
Booking of irrigation where
Minor Canal and Drainage Act, 1873 is applicable.
8.
Matters pertaining to
distribution of river supplies.
9.
Inland water-ways and inland
navigation.
LABOUR DEPARTMENT
1.
All matters affecting labour in general:
a.
Welfare and conditions of labour;
b.
Labour Laws, both Federal and Provincial;
and
c.
Labour Legislation (Provincial).
2. All
cases relating to Weights and Measures.
3.
Administration of Labour
Courts and Labour Appellate Tribunals.
4.
Administration of Minimum
Wages Boards.
5.
Social Security Scheme.
6. Legislation relating to welfare of labour, conditions of labour,
provident fund, employers liability and workmen’s compensation, health
insurance, workers children education, trade unions, industrial relations and
labour disputes.
7. Labour Conference, Tripartite Labour conference, Standing Labour Committee
and Bonus Commission.
8. Education of workers in the essentials of trade unions, including
education in respect of their rights and obligations.
9. Matters relating to Workers’ Education.
LAW, PARLIAMENTARY
AFFAIRS AND HUMAN RIGHTS DEPARTMENT
1.
Conduct of Government
Litigation:
(a)
Filing Civil Suits against
public servants where Govt. is involved.
(b)
Defending Civil Suits
against Govt.
2.
Advice to Departments, on
all legal matters including interpretation of laws, rules and orders having the
force of law.
3.
Government Law Officers,
Advocate-General, Government Pleaders, Special Councils, appointment,
transfers, leave, fees, etc.
4.
Matters relating to legal
practioners including scales of fees.
5.
Matters relating to approval
of appointments of legal advisors and engagement of legal practitioners made by
the statutory bodies, payment of their fees and termination of their services.
6.
Civil law and procedure.
7.
Scrutiny and drafting of
bills, ordinances, notifications, rules, regulations, statutory orders and
bye-laws.
8.
Scrutiny of non-official
bills.
9.
Constitutional legislation.
10.
Codification of laws and
printing of acts, rules and orders. Matters pertaining to Provincial Assembly
(i.e., summoning and prorogation).
11.
Salaries, Allowances and
Privileges of Speaker and Deputy Speaker of the Provincial Assembly.
12.
Salaries, Allowances and
Privileges of Members of the provincial Assembly.
13.
Human Rights.
14.
High Court.
15.
Review of human rights
situation in the Province.
16.
Co-ordination of activities of Government Departments, in respect
of human rights.
17.
Initiatives for
harmonization of legislation, regulations and practices with the international
human rights convents and agreements to which Pakistan is a party and
monitoring their implementation.
18.
Obtaining information,
documents and reports on complaints and allegations of human rights violations,
from Government Departments and other agencies.
19.
Refer and recommend
investigations and inquiries in respect of any incident of violation of human
rights.
20.
Representation of Province
in international bodies, organizations and conference relating to human rights
in consultation and in conjunction with Foreign Affairs Division.
21.
Developing and conducting
information programmes to foster public awareness of human rights, laws and
remedies available against the abuse of human rights.
22.
Formulating programmes of
teaching of human rights at educational institutions.
23.
Provision of facilities for
professional and technical training at home and abroad relating to human rights
issues.
24.
Provincial Ombudsman.
25.
Representation under section
31 of the Khyber Pakhtunkhwa Provincial Ombudsman Act, 2010.
26.
Arbitration.
27.
Law of limitation.
28.
Oath, recognition, public
acts.
29.
Actionable Wrongs (torts).
30.
The Suits Valuation Act,
1887.
31.
The Civil Laws (Reforms)
Act, 1994.
32.
The Public Suits Valuation
Act, 1932.
33.
The Specific Relief Act,
1877.
34.
The Judicial Officers
Protection Act, 1850.
35.
The West Pakistan General
Clauses Act, 1956.
LOCAL GOVERNMENT, ELECTIONS AND RURAL DEVELOPMENT
DEPARTMENT
1.
All matters connected with the
Administration of the Khyber Pakhtunkhwa Local Government Act, 2012.
2.
The Khyber Pakhtunkhwa
Public Property (Removal of Encroachment) Act, 1977.
3.
Muslim Family Law Ordinance,
1961.
4.
Hackney Carriage Act, 1879
and Stage Carriage Act, 1861.
5.
Conciliation Courts
Ordinance, 1961.
6.
Special Marriage Act, 1872.
7.
Fire Brigade.
8.
Census.
9.
Burning and burial grounds
and Muslim grave-yards not taken over by the Auqaf Department.
10.
Matter pertaining to the
Election for the Provincial and National Assemblies.
11.
Provincial Election
Authority and Provincial Election Tribunal concerning Local Councils.
12.
Matters relating to
Referendum on a national issue.
13.
Village Police.
14.
Rural Works Programme and
Rural Uplift.
15.
German Aid Financial Project
(Pakistan Academy for Rural Development), and Budget and Accounts matter of
Pakistan Academy for Rural Development (PARD) and Pakistan Provincial Services
Academy (PPSA), development plans and development funds pertaining to Local
Councils and Local Bodies.
16.
Grant-in-Aid for Local
Councils.
17.
Processing of Annual
Development Programme through District Coordination Committees.
18.
Water supply and Sewerage Schemes of Local
Councils.
19.
USAID Financial Project.
20.
Asian Development Bank (ADB)
Assisted Projects (Farm to Market Roads through Local Councils).
21.
World Food Programme (WFP).
22.
United Nation International
Children Emergency Fund Programme (UNICEF).
23.
Women Programme and Overseas
Women Foundation.
24.
Adult Education.
25.
Village/Union Council
Library Programme.
26.
Local Council Reforms/Local
Government Commission.
27.
Matters relating to Kachi
Abadi.
28.
Village Electrification
Programme.
29.
Registration of Births,
Deaths and Marriage.
30.
Slaughter houses under the
Local Councils and Local Bodies (other than those in Cantonments).
31.
Local Councils Services
including Engineering and Health Services for Local Councils.
32.
High/Low Selection Boards
(LCS) and other matters relating to the Local Councils Services.
33.
Service matters of the
defunct Village Aid and B.D. Department.
34.
Delegation of additional
power to Local Councils.
35.
Privileges and Protocol of
Local Councillors.
36.
Ponds and Prevention of
cattle trespass.
37.
Pre-partition claims
relating to Local Bodies.
38.
Seminars, conventions and
publications concerning Local Councils.
39.
Local Councils contribution
to Provincial Government.
40.
Local Taxation and Local
Rates.
41.
Education Cess on Octroi.
42.
Education Cess on Export
Tax.
43.
Urban Property Tax payable
to Local Councils.
44.
Aerial Spray Surcharges on
Gur.
45.
Local Government Pool Fund.
46.
Local Government Research
Statistics and Evaluation.
47.
Foreign delegations/training
of Local Councillors.
48.
Construction and minor
repair of Basic Health Units and Primary Schools, Maktabs through Local
Councils.
49.
Arrangements of Horse and
Cattle Shows and Fairs.
50.
Jashan-i-Khyber.
51.
Coordination of Nation
Building Departments through District Coordination Committees.
52.
Management of Nazool Land.
53.
Service matters except those
entrusted to Establishment & Administration Department.
MINERALS
DEVELOPMENT DEPARTMENT
1.
Development of Mineral
Resources.
2.
Consideration of
applications and grant of licenses and leases.
3.
Regulation and monitoring of mining
operations and activities in the mineral sector, including collection of
royalties.
4.
Negotiating mineral agreements and
consulting the Federal Government when considered necessary by Mineral Investment
Facilitation Authority (MIFA).
5.
Facilitating access to private or public
lands and reserve forest areas for the purpose of mineral exploration or
development of mineral resources.
6.
Maintenance of up-to-date master plans
showing positions of all exploration licenses and leases granted, renewals,
assignments and surrenders of mineral titles, relinquishment of acreage etc.
and make this information public through regular publication of complete
details in the official Gazette.
7.
Geological Survey for mineral
exploration/resource mapping, including assessment of mining concession.
8.
Safety of mines and workers and welfare of
mine workers and enforcement of Act and rules and regulation made thereunder.
9.
Any other function related to management and
development of mineral resources of the province.
PLANNING
AND DEVELOPMENT DEPARTMENT
1.
Planning and Development
including policy, procedure and coordination work relating to the preparation
of the Provincial Annual Development Programme and its review.
2.
Processing of all
development schemes, programmes and proposals submitted by other Departments
including autonomous bodies and making recommendations to Government thereupon,
Secretariat functions of the Provincial Development Working Party.
3.
Maintaining liaison with the
National Planning Agencies.
4.
Dealing with Autonomous and
Semi-Autonomous Bodies in regard to development planning programmes and
projects in the Province.
5.
Foreign Aid.
6.
Coordination of technical
assistance from abroad including training facilities, expert advisory services
and equipment.
7.
Coordination of training of
Local Officers and private sector candidates in foreign countries, Secretariat
functions of the Provincial Selection Committee for training abroad.
8.
Arrangement of the services
of foreign experts/advisors including Secretariat functions of the Provincial
Screening Committee for the appointment of foreign expert/advisors.
9.
Economic research and
matters relating to the Board of Economics Enquiry.
10.
Coordination of Provincial
statistics in general and all matters relating to the Bureau of Statistics.
11.
General Economic appraisal
evaluation of progress and performance of Development Schemes and Programmes
and their critical appraisal.
12.
Initiation of measures for
giving a suitable publicity to the Development plans and educating the public
on the results achieved from time to time.
13.
Matters relating to the
Regional Development Projects, Khyber Pakhtunkhwa.
14.
Price Stabilization Policy.
15.
Protocol functions in
connection with visits of foreign economics missions and delegations; etc.
16.
Appropriation and
re-appropriation of development grants provided in the budget.
POPULATION
WELFARE DEPARTMENT
1.
Promotion of Population
Welfare motivational services by establishing contracts with the clients at all
levels.
2.
Promotion of Family Health
Services, Clinical and Non-clinical contraception through Family Welfare
Centres and those reproductive Health Service Establishments located in the
Provincial Government Hospitals and particularly provision of Services for rural
areas.
3.
Promotion of Population
Welfare Motivation and Services through line departments of the Government.
4.
Supply of contraceptives and
medicines to the desirous clients in urban and rural areas of the districts
through agencies involved in the programme.
5.
Implementation of publicity
and communication strategy.
6.
Promotion of community
involvement and active participation in Population Welfare Programme
Activities.
7.
Coordination of Population
Welfare Programme activities with other nation building departments at district
and local levels.
8.
Setting up of Advisory
Management Committees at Family Welfare Centres level and Population Welfare
Councils at district and Provincial levels as provided in the Population
Welfare Plan 1981-84.
9.
Any other activity of the
Population Welfare Programme that the Provincial Government may specify.
10.
Planning and development
policies for the Population Welfare Programme in the Province.
11.
Monitoring activities and
evaluation of the Population Welfare Programme.
12.
Mainstreaming Population
factor in development planning process at Provincial and district levels.
13.
Forecasting, acquiring and
storing contraceptives dispatching supplies of contraceptives to stakeholders.
(a)
Organizing and operating
information and education services for the furtherance of Population Welfare
Programme objectives; and
(b)
Training in the field of
Population Planning in Pakistan and abroad.
14.
Technical coordination and
the formulation of policy governing the manufacture, use and quality control of
contraceptive material in the Province under the Population Welfare Programme.
15.
Research in different
aspects of the programmes such as clinical, social, communication and
demography.
16.
Promotion of Population
Welfare activities through:
(a)
Public sector institutions;
(b)
Social marketing of
contraceptives and infrastructure institutions;
(c)
Non-Governmental
Organizations, Registered Medical Practitioners, Hakims and Homeopaths; and
(d)
Public Private Sector
Organization (PPSO).
17.
Coordination with the
Departments of Federal Government and
Departments for:
(a)
The systematic introduction
of Population Education; and
(b)
The introduction of
financial and regulatory incentives and disincentives favouring Population
Planning.
18.
Administration of Regional
Training Institutes and Multi-purpose Service Centre.
PUBLIC
HEALTH ENGINEERING DEPARTMENT
1.
Public Health Engineering works pertaining
to government buildings and Government Residential Estates.
2.
Construction and maintenance of Rural
Drinking Water Supply and Sanitation Schemes including Sewage Treatment Plants
and Solid Waste Management.
3.
Determination of rates of supply to
consumers in bulk and otherwise and prescribed tariff (only in the case of
private/public undertakings).
4.
Levy and collection of fees, etc. for supply
of water for drinking purposes.
5.
Levy and collection of fees, etc. for
provision of Sanitation services including Sewage Treatment and Solid Waste
Management.
6.
Engineering trainings and skill development
courses other than:
(a)
Engineering University;
(b)
Engineering Colleges; and
(c)
Engineering Schools.
7.
Laying standards and specifications for
various types of water supply & sanitation projects including Sewage
Treatment and Solid Waste Management.
8.
Laying standards and specifications for
various types of construction materials/equipments used in water supply &
sanitation projects including Sewage Treatment and Solid Waste Management like
various types of pipes, pumping machinery & other allied equipments.
9.
Planning and designing of water supply &
sanitation projects including Sewage Treatment and Solid Waste Management
financed from Provincial or Federal Funds.
10. Research
and material testing pertaining to PHE sector projects.
11. Execution
of PHE works on behalf of other agencies/departments as Deposit Works.
12. Water
Quality Monitoring/Mapping including maintenance of water quality data base.
13. Services
matters, except those entrusted to Establishment and Administration Department.
RELIEF, REHABILITATION AND SETTLEMENT DEPARTMENT
1.
Formulation of policies,
Strategies and guidelines regarding Relief, Rehabilitation and Emergency
activities in the province.
2.
Coordination with the
Federal Government on Disaster Management and Relief activities.
3.
Coordination with Provincial
Departments regarding Disaster Risk Reduction.
4.
Representation on issues related
to Relief, Rehabilitation, emergency etc for National Assembly, Senate and
Provincial Assembly.
5.
Referral of cases to the
Provincial Government on behalf of PDMA, PaRRSA, and any other agency that is
created in the future.
6.
Submission of proposals regarding
disaster management and mitigation to the provincial Disaster Management
Commission.
7.
Administration of National
Disaster Management Authority Act, 2010 and matters ancillary thereto.
8.
Administration of the Khyber
Pakhtunkhwa Emergency Rescue Service Act, 2012 and matters ancillary thereto.
9.
Civil Defence.
10. Any other task assigned by the Government.
REVENUE AND ESTATE DEPARTMENT
1. Land Revenue
Administration:
(a)
Assessment and collection of
land revenue, development cesses and surcharges thereon and agriculture income
tax;
(b)
Land surveys and record of
rights, including restrictions over transfer of title;
(c)
Alienation of revenue;
(d)
Laws regarding land tenure,
relations between landlords and tenants, special remission of land revenue and
remission under sliding scales;
(e)
Jagirs and muafies;
(f)
Religious endowment of land;
(g)
Revenue Tribunal;
(h)
Escheats; and
(i)
Pre-emption Law.
2.
Taccavi, land improvement
and other agricultural lands.
3.
Compulsory acquisition of
land, Land Acquisition Act and Rules made thereunder.
4.
Demarcation and
rectangulation of land.
5.
Leases of ferries and
bridges.
6.
Treasure trove.
7.
Matters connected with the
recruitment, training, pay, allowances, promotions, leave, postings and
transfers of Revenue Field staff and district and Divisional Establishment
(ministerial, except those entrusted to the Establishment and Administration
Department).
8.
Registration of fees and
document including registration fees.
9.
Copying Department.
10.
Court of Wards, encumbered
and attached Estates.
11.
Stamps and Court Fees,
Judicial and non-Judicial.
12.
Famine Relief Fund and
relief for other natural calamities i.e., earthquakes, cyclones, floods and
conflagrations.
13.
Government Estates.
14.
Debt Conciliation Boards.
15.
Tenancy Laws.
16.
Revenue Settlement and
Re-assessment.
17.
Rehabilitation of War
Displaced persons.
18.
Preparation of Gazetteers.
19.
Administration of the land
reforms under Martial Law Regulation 115 of 1972 and all matters connected
therewith.
20.
Land Laws.
21.
Water-logging and Salinity
other than schemes relating thereto.
22.
Territorial adjustment and
changes.
23.
Boundary Dispute.
24.
Administration of Waste
Lands, new colonies and projects and Land Utilization Ordinances.
25.
Administration of all new
colonies by the Land Utilization Board and Land Utilization Committee.
26.
Colonisation and disposal of
state lands.
27.
Scheme relation to grant of
land to retired and retiring Government Servants.
28.
Land Commission.
29.
Land Settlement.
30.
Consolidation of Land
Holdings.
31.
Land Utilization.
SCIENCE & TECHNOLOGY AND INFORMATION TECHNOLOGY DEPARTMENT
1.
Human Resource Development.
2.
Launching of R&D
Programme and up-gradation of its infrastructure.
3.
Restructuring of R&D
Organizations.
4.
Industrial Development.
5.
Strengthening of policy,
coordination and management structure.
6.
Funding and project
implementation mechanism.
7.
To initiate Science &
Information Technology Projects in the Province in Agriculture, Housing,
Industry, Health, Education, Forestry, Energy, Pharmaceuticals and small
Cottage Industry including pilot plant studies.
8.
To monitor the outcome and
results of Science & Technology Projects initiated in the province and
provide policy guidelines to R&D institutions for their restructuring and
enhancement of Science & Technology activities.
9.
Planning, coordination,
promotion and development of Science & Technology, monitoring &
evaluation of research and development works, including scrutiny of development
projects and coordination and development programmes in this field.
10.
To advise provincial Govt.
Departments and other institutions on the introduction and usage of Information
Technology.
11.
To promote usage of
Information Technology and Science & Technology by awarding scholarships,
awards, certificates, holding of seminars, workshops in service training and
acquiring higher education.
12.
To promote the education of
Science and Information Technology in all the education instructions in phases.
13.
To establish and oversee the
working of Districts Science & Technology and Information Technology
Department for input support in policy-making especially the following:
(a)
Coordination with public
& private sector for promotion of IT.
(b)
Promotion of IT Education
and Training.
(c)
Interfacing with National
and International IT Markets and Industry.
(d)
Providing Business support
to local IT Companies, in software export.
(e)
Development of strategies
for E-commerce.
(f)
Over seeing establishment of
IT parks etc.
(g)
Coordination with all
relevant agencies.
(h)
Computerization in
government departments.
14. Services matters, except those entrusted to
Establishment and Administration Department.
SPORTS,
CULTURE, TOURISM, YOUTH AFFAIRS, ARCHAEOLOGY AND MUSEUMS DEPARTMENT
1.
Tourism.
2.
Sports.
3.
Archaeology.
(a)
Excavation.
(b)
Exploration/Survey.
(c)
Conservation, restoration
and rehabilitation.
4.
Museums.
5.
Youth Affairs.
6.
Service matters except those
entrusted to Establishment and Administration Department.
TRANSPORT
& MASS TRANSIT DEPARTMENT
1.
Administration of West
Pakistan Motor Vehicles Ordinance, 1965 and rules framed thereunder.
2.
Administration of Directorate of Transport
Khyber Pakhtunkhwa, Provincial Transport Authority, District Regional Transport
Authorities & Khyber Pakhtunkhwa Road Transport Board.
3.
Inspection and checking of
the documents of Motor Vehicles.
4.
Inspection &
Certification of road worthy vehicles.
5.
Service matters except those entrusted to
the Establishment and Administration Department.
6.
Formulation of Transport
Policy & Planning.
7.
Research & Development
(R&D).
8.
Data Collection.
i. Vehicle Registration
Data.
ii. Route
permits statistics.
iii. Accident
Data.
iv. Traffic
Courts.
v. Origin-Destination
Studies.
9.
Assistance in Legislation.
i. Updating of Highway Code.
ii. Review of Traffic Laws.
iii. Review of Traffic Safety Provisions.
iv. Review of Motor Vehicle Laws Rules.
10. Coordination
with other Government Departments Agencies both in public and private sectors.
11. Monitoring and evaluation of Transport related projects.
12. Issuance of route permits for stage carriages and contract carriages.
13. Route
Permits, fare/freights, matters relating to traffic speeds, loading, parking
and halting places, exemption cases of vehicles under Motor Vehicles Ordinance
and Rules Grouping of stage carriages.
14. Payment of compensation in accident cases of Private Public Sectors and
allied matters.
15. Policy
regarding students’ concession and Nationalization & Privatization of Road
Transport.
16. Maintenance/Management of Public Bus Stands throughout the Province.
17. Classification of routes for public service vehicles.
18. Settlement of terms and conditions for public service vehicles.
19. Settlement of disputes among the District Regional Transport
Authorities.
20. Operation of Pak-Afghan Bus Service.
21. Operation of Mass transit system in Khyber Pakhtunkhwa.
22. Attract Private investment in Transport Sector.
WORKS AND
SERVICES DEPARTMENT
1.
Feasibility study, design, construction,
equipment, maintenance, repairs, internal electrification and fixation of rent
of all Government buildings, residential and non-residential, including tents,
dak bungalows and circuit houses except those entrusted to Establishment &
Administration Department.
2.
Accommodation for Federal and Provincial
Government servants in the province except that entrusted to Establishment
& Administration Department.
3.
Construction, maintenance and repairs of
roads, bridges, ferries, tunnels, rope-ways, causeways and tram-ways lines.
4.
Road Funds.
5.
Tolls (excluding those levies by Local
Government).
6.
Engineering training other than:
(a)
Engineering University;
(b)
Engineering Colleges; and
(c)
Engineering Schools.
7.
Evaluation/Fixation of
Rent/Control/Management. Leases and disposal sales of Government buildings.
8.
Water supply of sanitary works pertaining to
Government buildings and Government estates.
9.
Laying standards and specifications for
various types of roads and bridges for the province.
10.
Planning and designing roads and connected
works for the department financed from Provincial and / or Federal Funds.
11.
Road research and material testing.
12.
Execution of works on behalf of other
agencies/departments as Deposit Works.
13.
Preparation of architectural plans/drawing
of buildings of Provincial Government.
14.
Provincial Building Maintenance Cell (PBMC).
15.
Service matters except those entrusted to
Establishment and Administration Department.
ZAKAT, USHR, SOCIAL WELFARE, SPECIAL EDUCATION AND
WOMEN EMPOWERMENT DEPARTMENT
ZAKAT AND USHR:
1.
Accounting procedure for
Provincial Zakat Fund and Local Zakat Fund.
2.
Operational arrangements for
Local Zakat Fund.
3.
Release of Funds to:
(a)
Local Zakat Committees;
(b)
Deeni Madaris for non-local
boarder students;
(c)
Elementary & Secondary
Education Department and Higher Education, Archives and Libraries Department
for grant of scholarship to mustahiq students;
(d)
Institutions giving
vocational training to Mustahiq-e-Zakat for their permanent rehabilitation;
(e)
Health Institution i.e. T.B
Association, Red Cross, Medical Care Health Centers, Dispensaries and other
Welfare Institutions for free medical treatment of Mustahiq-e-Zakat; and
(f)
Orphanages, Institution of
Blinds, Deaf and Dumb, etc.
4.
Coordination with Revenue
Department for the purpose of assessment and collection of Ushr proceeds and
its deposit in the Personal Leisure Accounts (PLAs) of District Zakat and Ushr
Committees.
5.
Inspection of Deeni
Madaris/lnstitutions which are benefited out of Zakat Fund.
6.
Reconstitution of Local
Zakat Committees, and removal of undesirable Chairman/Members of Zakat
Committees.
7.
Collection and checking of
yearly consolidated reports of all Local Zakat Committees.
8.
Development of Policies,
arrangement for proper collection, disbursement and utilization of Zakat and Ushr
and maintenance of their accounts.
9.
Organization and
administration of:
(a)
Provincial Zakat Council;
(b)
Chief Administrator of
Zakat;
(c)
District Zakat and Ushr
Committees; and
(d)
Local Zakat Committees.
10.
Preparation of annual and supplementary budget
for disbursement of Zakat and Ushr Funds by the Provincial Zakat Council and
its approval.
11.
Allocation of Administrative
expenditure for District and Local Zakat Committees.
12.
Disbursement of Zakat Funds
to National and other recognized Institutions.
13.
Monitoring of the
Collection, disbursement and utilization of Zakat and Ushr Funds and
arrangement for their periodical and annual inspection and audit.
14.
Coordination with the
Auditor General of Pakistan for the purpose of audit required under the Zakat
and Ushr Law.
15.
Investment of Zakat Funds in
non-profit bearing instruments as permitted under Shariah.
16.
Monitoring and evaluation of
Zakat and Ushr System as well as study of these systems in other Muslims
countries with a view to improve the system in the Province.
17.
Administration of such
organizations performing Social Security and other complementary functions in
relation to Zakat and Ushr System.
18.
Any other function to be
assigned by the Government.
SOCIAL WELFARE AND SPECIAL EDUCATION:
19.
Planning and Coordination of
Social Welfare activities and Social Welfare Projects.
20.
Registration/Administration
of Voluntary Social Welfare Agencies.
21.
Professional guidance and
financial assistance to registered welfare agencies including orphanages and
charity Organizations.
22.
Eradication of Social Evils,
Welfare of the beggars and destitutes.
23.
Training of Social Welfare
Employees and Volunteers of Social Welfare Organizations.
24.
Recreational Programmes
intended to keep people away from antisocial activities.
25.
Welfare of aged and infirm
persons.
26.
Welfare and rehabilitation
of persons with disabilities.
27.
Entering into Agreements and
Signing Memorandum of Understandings and coordination with United Nations
Agencies, Non Governmental Organizations and International Non Governmental
Organizations in the fields of Social Welfare.
28.
Charitable endowments.
29.
Affairs of Provincial
Council for the Rehabilitation of Disabled Persons.
30.
Affairs of Provincial
Council of Social Welfare.
31.
Affairs of Tanzeem
“LISSAIL-WAL-MAHROOM” (organization for the indigent and the dispossessed).
32.
Social Welfare and
Protection activities during disasters.
33.
Establishment of Drug
Detoxification Centers and Rehabilitation of Drug Addicts.
34.
Rehabilitation, education
and training of the physically and mentally handicapped (Persons with
Disabilities).
35.
Special Education viz.
Education of adults aimed at developing sense of civic responsibilities.
36.
Standards of Social Work and
Special Education.
37.
Child Protection and Welfare
and affairs of Child Protection Commission.
38.
Ensuring and taking measures
for the protection of the rights of the child as enshrined in the Convention on
the Rights of the Child for social protection and welfare of the vulnerable
segment of the society.
WOMEN EMPOWERMENT:
39.
Ensuring and taking measures
for the Protection of Women Rights as reflected in the Constitution of
Pakistan, National Plan of Action, National Policy on Women Development,
national Strategic Frame Work for Family Protection, the Poverty Reduction
strategy as well as through International commitments i.e. Convention on the
Elimination of all forms of Discrimination Against Women (CEDAW) and the
universal Declaration of Human Rights.
40.
Framing of Policies for
empowerment of women.
41.
Matters relating to
formulation of public policies and laws to meet the special needs of women
ensuring that their interests and needs are adequately represented in public
policy formulation by various organs and agencies of Government.
42.
Assistance to women’s
organizations.
43.
Promotion and undertaking of
training and research on the conditions and problems of women.
44.
Matters relating equality of
opportunities in education and employment and full participation of women in
all spheres of national life.
45.
Affairs of Provincial
Commission on the Status of Women.
46.
Services matters except
those entrusted to Establishment and Administration Department.
SCHEDULE-III
[See Rule 21(1)]
POSTING AND TRANSFER OF
OFFICIALS/OFFICERS
Outside the Secretariat |
||
S. No |
Class of officers/officials |
Posting/transferring authorities. |
1. |
Officers of the all
Pakistan Unified Group i.e. PAS, PSP including Provincial Police Officers,
PCS (SG/EG) and PMS in BS-20 and above, including Deputy Commissioners. |
Chief Secretary with the
approval of the Chief Minister. |
2. |
Heads of Attached
Departments and Officers in BS-20 and above in all Departments. |
Chief Secretary in
consultation with the Minister of the Department concerned with the approval
of the Chief Minister. |
3. |
Officers in BPS-17 to
BS-19 to be posted against scheduled posts, or posts normally held by the
APUG, PCS (EG) and PCS (SG) and PMS and other officers in BS-19 in all
Departments. |
Chief Secretary in
consultation with Establishment Department and the Department concerned
through the Minister incharge. |
4. |
Officers other than Sr.
No. 2&3 in BS-17 & BS-18. |
Administrative Department
with the approval of the Minister Incharge. |
5. |
Civil Servants in BPS-16
and below |
Head of Attached
Department (HAD) or if there is no HAD then Secretary of the Department
concerned or any other officer authorized under “The West Pakistan (Civil
Services) Delegation of Powers Rules,1962” |
In the
Secretariat |
||
6. |
Secretaries. |
Chief Secretary with
the approval of the Chief Minister. |
7. |
Other Officers of and
above the rank of Section Officers:- (a)
Within
the same Department. (b)
Within
the Secretariat from one Department to another.
i.
In
BS-18 and 19.
ii.
In
BS-17. |
Secretary of the
Department concerned. Chief Secretary Secretary Establishment |
8. |
Officials in BPS-16:- (a)Within the same Department. (b)
To and from an Attached Department. (c)
Within the Secretariat from one
Department to another. |
Secretary of the
Department concerned Secretary in
consultation with the head of Attached Department concerned. Secretary
Establishment. |
9. |
Officials in BPS-7 to
BPS-15 |
Secretary
Establishment. |
10. |
Officials
in BPS-1 to BPS-6 |
Secretary
Administration. |
SCHEDULE-IV
[See Rule 41]
LIST OF CASES TO BE SUBMITTED TO THE GOVERNOR FOR HIS ORDERS
1.
Appointment of the Chief
Minister.
2.
Dissolution of the Assembly
in pursuance of Article 112(2) of the Constitution.
3.
All cases arising out of
direction of the Governor under rule 42.
4.
Proposal to sell or change
the use of the official residence of the Governor.
5.
Appointment of Officers on
the Secretariat Staff of the Governor.
6.
Appointment of Care-Taker
Cabinet.
SCHEDULE-V
[See Rule 43 (1) (a)]
CASES REQUIRING ORDERS OF THE GOVERNOR ON THE
ADVICE OF CHIEF MINISTER
1.
Provincial Ministers:
(a)
their appointment; and
(b)
removal and resignation.
2.
Determination of salaries,
allowances and privileges of Provincial Ministers.
3.
Promulgation and revocation of
Ordinances.
4.
Mercy petitions in Criminal
cases.
5.
Summoning and prorogation of
Assembly.
6.
High Court:
(a)
Seats of the High Court;
(b)
Recommendations for the
appointment of Judges; and
(c)
Rules regulating the
practice and procedure of the High Court and of Courts subordinate to it.
7.
Appeals and review petitions
to Governor.
8.
Application of laws to and
framing of regulations for Provincially Administered Tribal Areas.
9.
Advocate General Appointment,
duties, terms and conditions and resignation from office.
10.
Resignation of Speaker.
11.
Assent to Bills other than
Money Bills.
12.
Assent to Money Bills.
13.
Dissolution of Provincial
Assembly except when an appeal to electorate is necessary.
14.
Postings and Transfers of
Officers related to the FATA Secretariat, Political Administration of the
Agencies and Frontier Regions (FATA).
15.
Public Service Commission:
i.
its strength;
ii.
appointment and resignation
of members, including the Chairman;
iii. their terms and conditions of service;
iv. non-acceptance of its advice; and
v.
annual report.
16.
Provincial Ombudsman:
i.
appointment and resignation of Provincial Ombudsman;
ii.
terms and conditions of service;
iii.
annual report.
SCHEDULE-VI
[See Rule 43(1) (b)]
LIST OF CASES TO BE SUBMITTED TO THE CHIEF MINISTER
FOR APPROVAL BEFORE ISSUE OF ORDER
1.
Provincial Selection Board -
its constitution.
2.
Proposal involving any
change in the functions or powers of Secretaries, Members Board of Revenue and Heads
of Attached Departments.
3.
Cases regarding the conditions
of service or promotion of, or disciplinary action against a member of All
Pakistan Services, or holders of appointments normally held by them. Cases to
be referred to the Federal Government shall be shown to the Chief Minister both
before a reference is made to the Federal Government as well as before final
orders are issued.
4.
Petitions addressed to the
President by members of All Pakistan Services.
5.
Selection of Officers for
appointment under the Federal Government.
6.
Recommendations for the
grant of honours and awards.
7.
All cases relating to
matters which are liable to involve Government into controversy with the
Government of Pakistan or with another Provincial Government.
8.
All cases which may have a
bearing on relation with a Foreign Government.
9.
All cases relating to
personal rights, privileges and dignities of Ex-rulers of former State.
10.
Annual Budget Statement to
be laid before the Assembly.
11.
Authentication of the
Schedule of Authorized Expenditure.
12.
Excess Budget Statement.
13.
Preventive detention.
14.
Appointment, etc. of members
of Administrative Courts and Tribunals.
15.
Appointment of-
(a)
Secretary to the Government
of Khyber Pakhtunkhwa, Heads of Attached Departments and other officers of the
Provincial Government in BS-18 (or equivalent) and above;
(b)
Officers to post in a
Corporation, Autonomous/Semi-Autonomous Body or Authority carrying BS-18 or
equivalent and above under the administrative control of the Provincial
Government.
16.
Advisors and Special
Assistants to the Chief Minister-
(i)
appointment, resignation and
removal; and
(ii)
terms and conditions of
appointment.
17.
Rules of Business - Framing of
or amendment therein.
18.
Report relating to the
accounts of the Province.
19.
Reference to the Federal
Public Service Commission.
20.
Reference to the Islamic
Ideology Council (IIC) whether a proposed law is or is not repugnant to the
Injunctions of Islam.
21.
Appointment of
Additional/Deputy Advocate General in the office of Advocate General.
22.
Rules relating to the
custody, etc. of Provincial Consolidated Fund and Public Account.
SCHEDULE-VII
[See Rule 44 (2)]
LIST OF CASES TO BE SUBMITTED TO THE GOVERNOR
FOR INFORMATION THROUGH THE CHIEF MINISTER
1. (a) All periodical reports by
administrative and executive officers of
political nature or relating to law and order such as the fortnightly reports
and situation reports submitted by the police.
(b) All special reports by
administrative and executive officers relating to matters which may seriously
affect the peace and tranquility of the Province or any part thereof.
(c)
Periodical reports of Departments
and Heads of Attached Departments.
2.
All proposals involving any
important change in the strength or distribution of the Police Force.
3.
All important cases
involving questions of policy or principle.
4.
Reports of Committees of inquiry appointed by the Governor.
5.
Press notes and handouts
issued by the Information, Public Relation and Culture Department.
6.
Intelligence Reports.
7.
Summary, Minutes and
decisions of the Provincial Cabinet.
8.
All Cypher messages and
telegrams.
9.
Annual Reports of the Public
Service Commission and Provincial Ombudsman.
10.
All documents issued by the
Finance Minister pertaining to the Annual Budget.
11.
Papers pertaining to any
other matter required by the Governor through a general or special order.
12.
All such Information
relating to the administration of the Province and all such proposals for
legislation.
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