Rules of Business Govt of Pakistan

In exercise of the powers conferred by Articles 90 and 99 of the Constitution of the Islamic Republic of Pakistan, the Federal Government is pleased to make the following rules: PART A. –GENERAL 1. Title and commencement. –(1) These rules may be called the “Rules of Business, 1973. ” (2)They shall come into force on the fourteenth day of August 1973. 2. Definitions. –(1) In these rules, unless there is anything repugnant in the subject or context: (i)”Assembly” means the National Assembly;

(ii)”Attached Department” means a Department which has direct relation with a Division and has been declared as such by the Federal Government; (iii)”business” means all work done by the Federal Government; (iv)”Cabinet” means and consists of the Prime Minister and the Federal Ministers; (v)”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 paper on the subject or subjects covered by it or connected with it;

(vi)”Division” means a self-contained administrative unit responsible for the conduct of business of the Federal Government in a distinct and specified sphere and declared as such by the Federal Government; (vii)”Federal Secretariat” means the Divisions or the Ministries when referred to collectively; (viii)”Gazette” means the official Gazette of Pakistan, (ix)”Government” means the Federal Government; (x)”Leader of the House” means the Minster appointed by the Prime Minister to regulate official business in the Assembly or the Senate or the Majlis-e-Shoora (Parliament) in joint sitting as the case may be;

(xi)”Local administration” means the agency through which the President administers a territory subject to his direct administrative control; (xii)”Member” means a member of the Assembly or the Senate; (xiii)”Minister” means the Federal Minister-in-Charge of the Ministry to which a particular case pertains and includes a Minister without portfolio and a Minister of State; (xiv)”Ministry” means a Division or group of Divisions constituted as a Ministry; (xv)”Majlis-e-Shoora” (Parliament) means the National Assembly and the Senate;

(xvi)”Provincial Government” means the Government of a Province of Pakistan; (xvii)”Schedule” means a Schedule to these rules; (xviii) “Secretary” means the [*] [**Principal Secretary], Secretary or Acting Secretary to the Government of Pakistan in charge of a Division or a Ministry, and where there is no Secretary, the Additional Secretary or Joint Secretary in charge of the Division or the Ministry; (xix)”Section” means a basic working unit in a Division as determined by the Government;

(xx)”Subordinate Office” means a Federal Government office other than a Ministry, Division or an Attached Department. ———————————————————————————————————— *Omitted vide S. R. O. No. 135(I)/98, dated 3. 3. 1998. **Inserted vide Cab: Division Memo No. 104/37/81-Min. I, dated 21st Nov. 1982. (2)All words and expressions used in these rules but not defined, have the same meaning as in the Constitution of the Islamic Republic of Pakistan.

3. Allocation of Business. –(1) The Federal Secretariat shall comprise the Ministries and Divisions shown in Schedule I. (2)The Prime Minister may, whenever necessary, constitute a new Ministry consisting of one or more Divisions. (3)The business of government shall be distributed among the Divisions in the manner indicated in Schedule II: Provided that the distribution of business or the constitution of the Division may be modified from time to time by the Prime Minister.

(4)The Prime Minister shall allocate amongst his Ministers the business of Government by assigning the several Divisions specified in Schedule I to the charge of a Minister: Provided that a Division or a Ministry not so assigned shall be in the charge of the Prime Minister: Provided further that more than one Division may be assigned to a Minister. 4. Organisation of Divisions. –(1) Each Division shall consist of a Secretary to Government and of such other officials subordinate to him as Government may determine: Provided that the same person may be Secretary in more than one Division.

(2)The Secretary shall be the official head of the Division and shall be responsible for its efficient administration and discipline and for the proper conduct of business assigned to the Division under rule 3 (3) and for the due execution of sanctioned policy. *(3)The Secretary shall organize the Division into a number of working units to be known as Sections: Provided that a unit which does not conform to a Section may be organised otherwise than as a Section on a permanent basis, in consultation with the [**Establishment Division].

Note:-In the case of an extraordinary working unit such as a research cell or an Office of the Officer on Special Duty, it will be sufficient if the [**Establishment Division] is informed of the composition of the unit. (4) The Attached Departments as allocated to the various Divisions are shown in Schedule III. (5)The business of Government, other than the business done in the Federal Secretariat or the Attached Departments, shall be conducted through such agencies and offices as the Prime Minister may determine from time to time.

(6)There may be a Special Assistant or Special Assistants to the Prime Minister with such status and functions as may be determined by the [***] Prime Minister. 5. Transaction of business. –(1) No important policy decision shall be taken except with the approval of the Prime Minister. (2)It shall be the duty of a Minister to assist the Prime Minister in the formulation of policy. (3)The Minister shall keep the Prime Minister informed of any important case disposed of by him without reference to the Prime Minister. (4)No decisions of policy taken by the Prime Minister shall be varied, reversed or infringed without consulting him.

(5)Subject to sub-rule (1), the Minister shall be responsible for policy concerning his Division. ———————————————————————————————————— *Amended vide Cabinet Division No. 104/59/78-Min. I, dated 5th July, 1979. [**] Substituted vide SRO No. 538(I)/2001, dated 26. 7. 2001. *** Omitted vide SRO No. 135(1)/98, dated 3. 3. 1998. (6)No officer other than a Secretary, Additional Secretary or Joint Secretary shall take the initiative in approaching a Minister in connection with the official business.

If an Additional Secretary or Joint Secretary holds an oral discussion with his Minister, he shall communicate the points made during discussion to the Secretary at the first possible opportunity. (7) The Head of an Attached Department [* may see] a Minister: Provided that the Secretary of the Division concerned shall be informed of the proposed interview so that he can be present if he so desires. (8)The business of the Division shall ordinarily be disposed of by, or under the authority of the Minister-in-Charge. (9)The Secretary shall —

(a)assist the Minister-in-Charge in the formulation of policy; (b)duly execute the sanctioned policy; (c)submit all proposals for legislation to the Cabinet with the approval of the Minister. (d)keep the Minister-in-Charge generally informed of the working of the Division and of any important case disposed of without reference to the Minister; (e)be the principal accounting officer of his Division, its Attached Departments and Subordinate Offices, and ensure that the funds controlled by him are spent in accordance with the rules laid down by the Finance Division;

(f)subject to the provisions of these rules and with the approval of the Minister-in-Charge issue standing orders laying down the manner of disposal of cases in the Division, including the distribution of work amongst the officers of his Division and such orders may specify the cases or class of cases which may be disposed of by an officer subordinate to him; and ———————————————————————————————————— *Amended vide Cabinet Division Memo No. 104/37/81-Min. I, dated 21. 11.

1982. (g)be responsible for the careful observance of these rules and, where he considers that there has been any material departure from them, either in his own or any other Division, he shall bring the matter to the notice of the Minister-in-Charge and, if necessary, to the notice of the Prime Minister or the Cabinet. *(10)When the Secretary submits a case to the Minister, the latter may accept the proposals or views of the Secretary or may over-rule him. The Secretary will normally defer to the decision of the Minister and implement it.

In case, however, the Secretary feels that the decision of the Minister is manifestly wrong and will cause gross injustice or undue hardship, he may state his reasons and re-submit the case to the Minister. If the Minister still adheres to his earlier decision and the matter is important enough, the Secretary shall request the Minister to refer the case to the Prime Minister and the Minister shall so refer the case for orders of the Prime Minister. If the case is not referred to the Prime Minister, the Secretary shall submit it directly to the Prime Minister with observations of the Minister-in-Charge.

(11)The Minister-in-Charge shall be responsible for conducting the business of the Division in the Assembly. **(11A)Verbal orders given by a functionary of the Government should as a matter of routine be reduced to writing and submitted to the issuing authority. If time permits, the confirmation shall invariably be taken before initiating action. However, in an exigency where action is required to be taken immediately or it is not possible to obtain written confirmation of the orders before initiating action, the functionary to whom the verbal orders are given shall take the action required and at the first available opportunity obtain the requisite confirmation while submitting to the issuing authority a report of the action taken by him. (12)

If any doubt or dispute arises as to the interpretation of these rules or the Division to which a case properly pertains, the case shall be referred to the Cabinet Division, whose decision shall be final. The Cabinet Division shall obtain the orders of the Prime Minister where necessary. (13)Instructions ancillary to these rules shall, whenever considered desirable, be issued by the Cabinet Division:

———————————————————————————————————— *Substituted vide SRO. 135(I)/98, dated 3. 3. 1998. ** Inserted vide Cabinet Division Notification No. 104/23/88-Min. I dated 5. 11. 1988. Provided that the special or general orders required to be framed by the Divisions in terms of these rules may be issued by them after consulting the Cabinet Division. (14)If any order passed happens to contravene a law, rule or policy, it shall be the duty of the next below officer to point out this to the authority passing the order.

(15)Detailed instructions for the manner of disposal of business in the Federal Secretariat shall be issued by the [* Establishment Division] in the form of Secretariat Instructions. 6. Individual and collective responsibility. — The Cabinet shall collectively be responsible for the advice tendered to, or the executive orders issued in the name of the President whether by an individual Minister or as a result of decision by the Cabinet; but the Minister shall assume primary responsibility for the disposal of business pertaining to his portfolio. **7. Orders and instruments, agreements and contracts. –(1)

Subject to Article 173, all executive actions of Government shall be expressed to be taken in the name of the President. Note. – The use of the expression “Federal Government” in relation to the Provincial Governments and “Government of Pakistan” in relation to foreign Government shall be in order. (2)The officers listed in Schedule IV may authenticate by signature all orders and other instruments made and executed in the name of the President:

Provided that in certain cases an officer may be so authorised for a particular occasion by order of the Prime Minister. (3)Instructions regarding the manner of authentication of orders and instruments in connection with the representation of Pakistan in foreign countries or at international conferences and of international agreements and treaties, shall be issued by the Foreign Affairs Division. ———————————————————————————————————— [*] Substituted vide SRO No.

538(I)/2001, dated 26. 7. 2001. **Amended vide Cabinet Division Memo No. 104/83/78-Min-I, dated 21st Nov. , 1979. (4)Instructions for the making of contracts on behalf of the President and the execution of such contracts and all assurances of property, shall be issued by the Law, Justice and Human Rights Division. PART B. -CONSULTATION AMONG DIVISIONS 8. Inter-Division procedure. -(1)

When the subject of a case concerns more than one Division, the Division incharge shall be responsible for consulting the other Division concerned and no orders shall issue, nor shall the case be submitted to the Cabinet or the Prime Minister, until it has been considered by all the Divisions concerned, and their views obtained. Such consultation shall take place as early as may be practicable: Provided that in cases of urgency and with the approval of the Prime Minster, this requirement may be dispensed with, but the case shall at the earliest opportunity thereafter be brought to the notice of the other Divisions concerned.

*(1A)The Division should normally furnish its views to the referring Division within a fortnight of the receipt of reference. If more time is required because of the complicated nature of the case, the referring Division should invariably be informed of the position by the end of a fortnight indicating, simultaneously, the time by which the reply would be sent. (2)In the event of a difference of opinion between the Divisions concerned, the Minister primarily concerned shall try to resolve the difference in consultation with the other Ministers concerned.

If no agreement is reached and the Minster primarily concerned desires to press the case, the case shall be submitted to the Prime Minister or, if the Prime Minister so desires, to the Cabinet: Provided that in a matter of urgency the Minster primarily concerned may submit the case to the Prime Minister at any stage: Provided further that where the Prime Minister is the Minister-in-Charge, the final views of other Divisions concerned shall be obtained before the case is submitted to the Prime Minister.

———————————————————————————————————— * Amended vide Cabinet Division Memo No. 104/43/80-Min. I, dated 3rd December, 1980. (3)When a case is referred by one Division to another for consultation, all relevant facts and the points necessitating the reference shall be clearly brought out. The reference should be complete in all respects to eliminate avoidable back references on the same issue(s).

Similarly replies given by the Division should also be complete in all respects and cover all the points raised by the referring Division. (4)Even where consultation is not required, a Division may, for purposes of information, pass copies of a communication received by it, or show a case, to such other Division as it considers would be interested in, or would profit by, it: Provided that copies of classified documents shall be made and distributed only in accordance with the instructions issued by the Cabinet Division in accordance with rule 55(2):

Provided further that copies of cypher telegrams received or despatched by the Pakistan Crypto Centre shall be distributed in accordance with the standing orders issued by the Foreign Affairs Division in consultation with the Defence Division and the Cabinet Division. (5)A Minister may ask to see a case of another Division if it is required for the disposal of a case in his Division. The Minister for Finance may ask to see a case of any Division in which a financial consideration is involved.

While making such request the Minister shall give the reasons for which the case is called for and shall be dealt with under the general or special orders of the Minister-in-Charge of the other Division. If, for any reason, the case, or relevant extracts from it, cannot be made available the Minister of the Division shall explain the position to the Minister making the request or bring the matter to the notice of the Prime Minister, if necessary. (6)The Prime Minister may call for a case from any Division. (7)If a Minister desires any further action to be taken on the case of another Division, he shall take up the matter with the Minister of that Division.

9. Secretaries’ Committee. -(1) There shall be a Secretaries’ Committee to discuss matters referred to it by a Division, a Minister or the Prime Minister, in which the experience and collective wisdom of the senior officers could be consulted, to the benefit of the subject under consideration. (2)In a matter discussed in the Secretaries’ Committee, if the Secretary of a Division has agreed to a proposal, it shall not be necessary to consult his Division again on that proposal.

(3)The Secretaries’ Committee shall meet at least once a month unless there are no items for discussion. (4)Other instructions regarding the submission of cases to the Secretaries’ Committee shall be issued by the Cabinet Division. (5)When a matter is referred to a Committee or working group, and a Division is represented therein by an officer of or above the rank of Joint Secretary, the agreed decision of the Committee or working group shall be treated as final and shall not be subjected to further scrutiny in that Division. 10. Consultation with the Cabinet Division.

— (1) No Division shall, without previous consultation with the Cabinet Division, issue, or authorise the issue of any orders which involve,- (a)the interpretation of these rules; (b)a change in the allocation of business between the various Divisions of a Ministry; (c)the strength, terms and conditions of service of the personal staff of Ministers, Ministers of State, Special Assistants to the Prime Minister and other dignitaries who enjoy the rank and status of a Minister or Minister of State; and (d)the selection of an officer of the level of Assistant Director and Deputy Director in the Intelligence Bureau.

(2)Proposals regarding any directions by the President to the Governor of a Province under clause (1) of Article 145 shall be submitted to the President by the Division concerned but a copy of the Presidential directive will be supplied to the Cabinet Division. (3)The Divisions concerned shall obtain the clearance of the Cabinet Division to the proposals for sending of the delegations which are not in conformity with the procedure laid down by that Division regarding categorization of international conferences. 11. Consultation with the Establishment Division.

— No Division shall, without previous consultation with the Establishment Division, issue, or authorise the issue of, any orders, other than orders in pursuance of any general or special delegation made by the Establishment Division, which involve – (a) ]Deleted vide Cabinet Division Memo. No. 104/59/78-Min. I, & ]dated 5-7-1979. (b) ] *(c)Appointment to a post in BS-20 and above and equivalent whether by initial appointment or promotion or transfer. (d)a change in the terms and conditions of service of Federal civil servants; (e)a change in the statutory rights and privileges of any Federal Government servant;

(f)Omitted vide SRO No. 246(I)/2001, dated 26. 4. 2001. (g)expenditure proposals relating to the Finance Division under rule 12 (1) (b), (2) and (3); (h)the interpretation of rules and orders made by the Establishment Division; and (i)rules for recruitment to any post or service, including the question of removing a post or service from the purview of the Federal Public Service Commission for the purposes of recruitment. ________________________________________________________________________ *Substituted vide SRO No. 246(1)/2001, dated 26. 4. 2001. 12. Consultation with the Finance Division.

– (1) No Division shall, without previous consultation with the Finance Division, authorise the issue of any orders, other than orders in pursuance of any general or special delegation made by the Finance Division, which will affect directly or indirectly the finances of the Federation [*] or which in particular involve – (a)relinquishment, remission or assignment of revenue, actual or potential, or grant of a guarantee against it; (b)expenditure for which no provision exists in the budget or for which no sanction exists; (c)[Omitted vide Cabinet Division Notification No. 4-11/91-Min-I dated 22. 10. 1991. ]; (d)floatation of loan;

(e)re-appropriation within budget grant; (f)alteration in the method of compilation of accounts, or of the budget estimates; (g)receipt or expenditure of foreign exchange unless already allocated; (h)a change in the terms and conditions of service of Government servants, on their statutory rights and privileges, which have financial implications; (i)interpretation of rules made by the Finance Division; and (j)omitted vide Cabinet Division Notification No. 4-14/98-Min. I dated 01. 12. 98. (2)No proposal to which the previous concurrence of the Finance Division is required shall, so long as concurrence is refused, be proceeded with.

If a Minister cannot reach agreement with the Minister for Finance and desires to press the proposal, he shall submit it to the Prime Minister or, if the Prime Minister so desires to the Cabinet. Formal orders shall not issue until the Finance Division has given its scrutiny to the details of the proposal, where no such details have been supplied with the proposal. ———————————————————————————————————— [*]Omitted vide Cabinet Division Notification No. 4-14/98-Min-I,dated Ist December, 1998.

(3)Except to the extent that power may have been delegated to the Divisions under the rules framed by the Finance Division, every order of an administrative Division conveying a sanction to be enforced in audit shall be communicated to the audit authorities through the Finance Division. 13. Consultation with the Foreign Affairs Division. — The Foreign Affairs Division shall, subject to orders in pursuance of any general or special delegation made by that Division, be consulted on all matters which affect the foreign policy of Pakistan, or the conduct of its foreign relations. 14. Consultation with the Law, Justice and Human Rights Division.

— (1) The Law, Justice and Human Rights Division shall be consulted– (a)on all legal questions arising out of any case; (b)on the interpretation of any law; (c)before the issue of or authorization of the issue of an order, rule, regulation, by-law, notification, etc. in exercise of statutory powers; (d)deleted vide Cabinet Division No. 104/10/76-Min, dated 26-3-1976. (e)before instituting criminal or civil proceedings in a court of law in which the Government is involved; (f)whenever criminal or civil proceedings are instituted against the Government at the earliest possible stage;

And *(g)before the appointment of a legal adviser in any Division or any office or corporation under its administrative control and the Law, Justice and Human Rights Division will make its recommendations after consultation with the Attorney General. (2)No Division shall consult, the Attorney General except through the Law, Justice and Human Rights Division and in accordance with the procedure laid down by that Division. ———————————————————————————————————— *Amended vide Cabinet Division Memo No.

104/83/78-Min (Pt. II) dated 21st November, 1979. *(3)If there is disagreement between the views of the Attorney General and the Law, Justice and Human Rights Division, the case shall be submitted to the Minister for Law, Justice and Human Rights for opinion. If the Minister disagrees with the Attorney General, the case shall be referred to the Prime Minister for orders who may refer the matter to the Cabinet if he so desires. (4)For any proposed legislation the Law, Justice and Human Rights Division shall be consulted in accordance with rules 27 to 30.

(5)Bills or Ordinances received from the Provincial Governments or Governors requiring assent or instructions of the President shall be examined in the Division concerned and shall be submitted to the President through the Law, Justice and Human Rights Division. **14A. Consultation with Revenue Division. – (1) No Division shall, without previous consultation with the Revenue Division, authorise the issue of any orders, other than orders in pursuance of any general or special delegation made by the Revenue Division, which will affect directly or indirectly the collection of revenue from federal taxes, levy of taxes, duties, cesses or fees.

PART C. –REFERENCES TO THE PRIME MINISTER ***[AND THE PRESIDENT]. 15. Reference to the Prime Minister. -(1) No order shall be issued without the approval of the Prime Minister in- (a)cases involving important policy or departure from important policy; Note. -Departure from policy includes departure from a previous decision of the Cabinet or the Prime Minister. (b)cases involving directions to a Governor under Article 145 and to a Provincial Government under Article 149; ———————————————————————————————————— * Amended vide Cab. Div Memo No.

104/83/78-Min-I (Pt. II) dated 21. 11. 1979. ** Added vide Cab. Div Notification No. 4-14/98-Min. I, dated 01. 12. 98. *** Amended vide Cabinet Division O. M. No. 104/8/85-Min-I, dated 04-08-1985. (c)cases where it is proposed that the Federal Government undertake the implementation of an international agreement relating to a subject in the provincial field; (d)cases of Awards–Decorations in recognition of gallantry and academic distinction; *(e)cases relating to petitions addressed to the Prime Minister which are neither withheld under the instructions for the transmission of such petitions to the Prime Minister nor accepted;

(f)cases relating to mercy petitions against sentences of death passed by Courts requiring the exercise of President’s prerogative of pardon; (g)cases enumerated in Schedule V-A; and (h)cases involving sanction for the prosecution of the holder of a post referred to in Schedule V-A. **(2) A case submitted to the Prime Minister for his orders shall include a self-contained, concise and objective summary stating the relevant facts and the points for decision prepared on the same lines as those prescribed in these rules for a summary for the Cabinet, except that only one copy will be required which may not be printed.

The summary shall include the specific recommendations of the Minister-in-Charge and shall be accompanied by a draft communication, wherever appropriate. (3)Omitted vide Cabinet Division O. M. No. 104/8/85-Min-I, dtd 4-08-85. (4)In a case in which the Prime Minister’s orders are obtained in oral discussion by a Minister, Minister of State, Special Assistant to the Prime Minister, [***], Deputy Chairman Planning Commission, Secretary or by any other officer of the Government, a written note containing a brief record of the discussion and the orders of the Prime Minister.

———————————————————————————————————— * Amended vide Cabinet Division O. M. No. 104/8/85-Min-I, dated 04-08. 1985. ** Substituted vide Cabinet Division No. 104/70/73-Min-I, dated 15th July, 1974. ***Omitted vide SRO. 135(I)/98, dated 3. 3. 98. shall be submitted to the Prime Minister’s *[Secretariat (Public)] for the information of the Prime Minister. **(5) The Prime Minister shall:

(a)communicate to the President all decisions of the Cabinet relating to the administration of the affairs of the Federation and proposals for legislation; (b)furnish such information relating to the administration of the affairs of the Federation and proposals for legislation as the President may call for; and (c)if the President so requires, submit for the consideration of the Cabinet any matter on which a decision has been taken by the Prime Minister or a Minister but which has not been considered by the Cabinet. ** 15-A. Reference to the President.

–(1) Notwithstanding the provisions made in these rules, where in terms of any provision of the Constitution any function is to be performed or any orders have to be issued by the President or his specific approval is required, the Division concerned shall incorporate a paragraph to this effect in the summary entitled as “Summary for the Prime Minister”. The Prime Minister shall render his advice and submit the case to the President. After the President has seen and approved the case, it shall be returned to the Prime Minister. The cases to which this sub-rule applies are enumerated in Schedule V-B.

***(2) Notwithstanding the provisions made in these rules, where in terms of any provisions of the Constitution, any function is to be performed or any orders have to be issued by the President in his discretion, the Division concerned shall submit the case to the President through the Prime Minister in the form of a self-contained, concise and objective summary entitled as “Summary for the President” stating the relevant facts and points for decision prepared on the same lines as prescribed in these rules for a Summary for the Cabinet, except that only one copy will be required which may not be printed.

This procedure will not, however, be applicable where the President has conveyed the decision to the Prime Minster for issuing orders in respect of cases in his discretion. The cases to which this sub-rule applies are enumerated in Schedule VI. ________________________________________________________________________ *Substituted vide . SRO No. 433(I)/2003, dated 20. 5. 2003. **Inserted Vide Cabinet Division O. M. No. 104/8/85-Min. I, dated 04. 08. 85. ***Substitued vide SRO. 135(I)/98, dated 3rd March, 1998. (3)The cases and papers referred to in Schedule VII shall be submitted to the President for his information.

PART D. –CABINET PROCEDURE 16. Cases to be brought before Cabinet. –(1) The following cases shall be brought before the Cabinet:- (a)proposals for legislation, official or non-o