GOVERNMENT OF 1KHYBER PAKHTUNKHWA

ESTABLISHMENT & ADMINISTRATION DEPARTMENT

NOTIFICATION

Peshawar the, dated 6th April, 1985.

No. SO(O&M) S&GAD/3-3/1985,---In pursuance of the provision contained in Article 139 of the constitution of the Islamic Republic of Pakistan and in suppression of the 2Khyber Pakhtunkhwa Government Rules of Business, 1972, the Governor of the 3Khyber Pakhtunkhwa is pleased to make the following rules:

PART - A ----- GENERAL

1. SHORT TITLE AND COMMENCEMENT.

(1) These rules may be called the 4Khyber Pakhtunkhwa Government Rules of Business, 1985.

(2) They shall come into force at once.

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

(a) “Assembly” means the Provincial Assembly of the 5Khyber Pakhtunkhwa;

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

(c) “Business” means all work done by Government;

(d) “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;

(e) “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;

(f) “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 6Establishment and Administration Department and shall also be the Secretary to the Cabinet;

(g) “Constitution” means the Constitution of the Islamic Republic of Pakistan;

(h) “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;

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

(j) “Gazette” means the official gazette of the 7Khyber Pakhtunkhwa.

1 Subs. Vide the Khyber Pakhtunkhwa Act No. IV of 2011

2 Subs. Vide the Khyber Pakhtunkhwa Act No. IV of 2011

3 Subs. Vide the Khyber Pakhtunkhwa Act No. IV of 2011

4 Subs. Vide the Khyber Pakhtunkhwa Act No. IV of 2011

5 Subs. Vide the Khyber Pakhtunkhwa Act No. IV of 2011

6Substituted vide Establishment & Administration Department letter No. SO(O&M)E&A/8-6/2001, dated 30-05-2001.

7 Subs. Vide the Khyber Pakhtunkhwa Act No. IV of 2011

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(k) “Government” means the Executive Government of the 1Khyber Pakhtunkhwa.

(l) “Governor” means the Governor of the 2Khyber Pakhtunkhwa;

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

(n) “Member” means a Member of the Assembly;

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

(p) “Public Service Commission” or “Commission” means the 3Khyber Pakhtunkhwa Public Service Commission constituted under any law for the time being in force;

(q) “Schedule” means a Schedule appended to these rules;

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

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

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

(u) “Speaker” means the Speaker of the Assembly.

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 in consultation with the Governor, wherever he may deem fit, constitute new Departments or vary 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:

Provided that the Chief Minister may in consultation with the Governor, whenever he may deem fit, transfer any particular subject or matter from the Department, to which it stands assigned in accordance with Schedule-II, to any other Department.

(4) The Chief Minister may, assign.-

(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;

to a Minister:

Provided that a Department or Part of a Department not so assigned shall be in the charge of the Chief Minister.

1 Subs. Vide the Khyber Pakhtunkhwa Act No. IV of 2011

2 Subs. Vide the Khyber Pakhtunkhwa Act No. IV of 2011

3 Subs. Vide the Khyber Pakhtunkhwa Act No. IV of 2011

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4. ORGANIZATION OF DEPARTMENTS.-

(1) Each Department shall consist of a Secretary to Government and of such other officials subordinate to him as Government may determine:

Provided that the same person may be Secretary of more than one Department.

(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/or sections. Such order may specify the cases or class of cases which may be disposed of by an officer subordinate to the Secretary.

5. 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 of transmitting the orders of the Minister is the Secretary or an officer specifically authorized in this behalf by the Secretary.

(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 to the Chief Minister as required by the provisions of rule 36.

(10) Notwithstanding the provisions of any other rules, the Chief Minister may, by general or special order, direct that any case specified in rule 37 may be submitted by the Minister directly to the Governor.

(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.

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5A. DUTIES OF PARLIAMENTARY SECRETARY.-

Parliamentary Secretary of a Department shall, subject to any general or special order, issued by the Chief Minister in this behalf, deal with such parliamentary affairs concerning that Department and perform such public relations and functions as may be entrusted to him by the Minister.

Provided that a Parliamentary Secretary shall not be required to undertake any function which may entail any interference in the internal working or administration of a Department or an Attached Department.

6. 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, where 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.

7. AUTHENTICATION OF ORDERS, INSTRUMENTS, AGREEMENTS AND CONTRACT, 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 Additional Secretary, if any, the Deputy Secretary, Section Officer, to Government, or the Officer on Special Duty in the Department concerned, and such signature shall be deemed to be the proper authentication of such order or instrument and shall not be questioned in any Court on the ground that it was not made or executed by the Governor.

(3) Instructions for the making of contracts on behalf of the Governor and the execution of such contracts and all assurance of property shall be issued by the Law Department.

PART-B – DEPARTMENTAL PROCEDURE

8. 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 Departments 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.

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(2) If the various Departments concerned cannot reach on agreement and the Minister-in-Charge after consultation with the other Ministers concerned desires to press the case, the case shall be submitted to the Chief Minister, or with the Chief Minister’s approval, to the Cabinet:

Provided that where the Chief Minister is the Minister-in-Charge, the final view of Other Departments concerned shall be obtained before the case is submitted to the Chief Minister.

(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.

9. THE ESTABLISHMENT AND ADMINISTRATION DEPARTMENT.-

(1) It shall be the responsibility of the Chief Secretary to coordinate the work of all Departments of Government.

(2) The Chief Secretary may call for any case or information from any Department or Attached Department.

(3) The Establishment and Administration Department shall be responsible for:

(a) the determination of the principles of control of Government servants, including recruitment, conditions of service and discipline;

(b) the coordination of the policy of all Departments with respect to 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.

(4) 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.

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(5) No order in respect of the emoluments, promotion or conditions of service of any officer employed in the Finance Department shall be passed and no expenditure proposal relating to that Department sanctioned without prior concurrence of the Establishment and Administration Department. The Chief Secretary shall exercise, in respect of such matters, the functions of the Secretary, Finance Department.

10. 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.

11. 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 of 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 the 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 affect has been taken by the Cabinet. Formal order shall, nevertheless, issue only after the Finance Department has exercised scrutiny over the details of the proposal.

(4) Except to the extent that power may have been delegated to Departments under rules framed by the Finance Department, every order of an Administrative Department conveying a sanction to be enforced in audit shall be communicated to the audit authorities through the Finance Department.

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12. CONSULTATION WITH LAW, PARLIAMENTARY AFFAIRS AND HUMAN RIGHTS DEPARTMENT.-

(1) The Law 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 criminal or civil proceedings in a court of law in which Government is involved; and

(d) whenever criminal or civil proceedings are instituted against Government.

(2) For any proposed legislation, the Law Department shall be consulted in accordance with the provisions contained in these rules.

(3) Except as provided for in sub-rule (4), the Law Department is not, in respect of legislation, an originating office and its proper function is to put into correct form all proposed legislation. It is for the Administrative Department concerned to consider the desirability of legislation and all points connected therewith. After it has reached its conclusions, it shall refer the case to the Law Department with a memorandum indicating precisely the lines on which it is proposed to legislate which should include:-

(a) a statement in the form of series of propositions detailing the provisions required to be made, or preferably, a draft bill; and

(b) a statement giving the objects and reasons for such provisions.

The Law Department, apart from giving shape to the draft legislation, shall advise the Administrative Department whether any sanction is required under existing statutory provisions and whether any further legal requirements are to be compiled with. The Law Department shall also advise whether the proposed law disregards or violates, or is not in accordance with the principles of Law making, whether a reference should be made to the Council of Islamic Ideology for advice, if not already done, and if so, what shall be the terms of that reference. The Administrative Departments shall, after obtaining the approval of the Cabinet in terms of rule 19, return the draft legislation to the Law Department for further action in terms of rule 29.

Note: Legislation means a bill or ordinance or an amendment thereto.

(4) Legislation relating to the codification of substantive law or for the consolidation of existing enactments, or legislation of a purely formal character, such as repealing and amending bills and short title bills, may be initiated in the Law Department. It shall, however, consult the Administrative Departments concerned which shall consider the draft legislation in its bearing on administration, make such enquiries and consultations as may be necessary, and tender advice to the Law Department accordingly.

(5) The Law Department shall be consulted by the Administrative Departments before the issue 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.

The Law Department shall advise whether the proposed draft is strictly within the power conferred by the Legislature and is in the correct form.

(6) No Department shall consult the Advocate-General, except through the Law Department,

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and in accordance with the procedure laid down by that Department. The Departments should draw up specific points on which the opinion of the Advocate-General is desired.

(7) If there is disagreement between the views of the Advocate General and the Law Department, the views of both the Law Department and the Advocate General should be conveyed verbatim to the Department concerned, and if the Department concerned does not accept the view of the Law Department, the case shall be submitted to the Minister for Law for a decision, who may, in his discretion, take such a case to the Cabinet.

(8) Bills requiring assent or sanction of the President shall be referred to the Federal Government by the Law Department.

13. 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.

14. 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 advise the Establishment and Administration Department of his intention of doing so and forward 40 copies of a brief note on the subject which would form the basis of discussion.

(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 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

15. PUBLIC SERVICE COMMISSION.-

The advice of the Public Service Commission 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 advice of the Commission, it shall be submitted to the

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Chief Minister through the Establishment and Administration Department, who may give an opportunity to the Public Service Commission of further justifying its recommendation before a final decision is taken.

16. 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 in 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 case. If on reconsideration the difference still persists, the case shall be submitted to the Chief Minister through the Establishment and Administration Department, for his orders.

17. POSTING.-

(1) Transfer of Officers shown in column 1 of Schedule-III shall be made by the authorities shown against such Officers in column 2 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

18. 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.

19. 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 revocation 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

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(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 any case, advise the Governor as to the manner of its disposal, without prior reference to the Cabinet.

20. 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.

21. MANNER OF SUBMISSION OF CASES TO CABINET.-

(1) In respect of all cases to be submitted to the Cabinet, the Secretary of the Department concerned shall transmit to the Chief Secretary a concise and lucid memorandum of the cases (hereinafter referred to as the "Summary" giving the background and relevant facts, the points for decision and the recommendation of the Ministers:

Provided that in the event of the views of the Department being different from the views of the Minister, both the 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 the case of proposed legislation to which approval is sought in principle, the summary shall bring out clearly the main issues to be legislated upon.

(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 Department and no changes shall be made therein except with the knowledge of the Law 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 showing how the case is urgent and why it could not be

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submitted 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 with the requirements of these rules and of any other instructions on the subject.

22. PROCEDURE REGARDING CABINET MEETING.-

(1) Regular meeting of the Cabinet to discuss ordinary business shall normally be held once a week 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 the Governor for the purpose shall preside over the meeting.

Note:- Reference to the 'Chief Minister' in this rule includes the Minister nominated by the Governor under sub-rule (2) above.

(3) The Chief Secretary shall ordinarily 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 the 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-in-Charge, 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-in-Charge 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 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 of the Department 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 twenty four hours of the issue of the minutes. The Chief Secretary shall thereupon obtain the orders of the Chief

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Minister and, if necessary, issue a corrigendum and correct the official record in his office.

23. 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 at 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 21 and 22 shall apply mutatis mutandis to the manner of submission of cases to, and the procedure for, the meetings of Committees.

24. 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. A summary of the case shall be simultaneously submitted to the Governor. 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 rule 22(8);

(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-in-Charge 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.

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.

(4) Reports made to the Cabinet or action taken on their decisions, and other cases submitted only for information, shall normally be disposed of by circulation.

25. 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.

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(3) The Chief Secretary shall watch the implementation of each decision of the Cabinet, and the Secretary in the Department 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 rule 22(3), 23 and 24(1);

(b) a copy of the records prepared under rule 22(7), 23 and 24(3).

(5) The Governor shall be kept informed of all decisions of the Cabinet.

26. 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.

27. CUSTODY OF CABINET PAPERS:-

The Minister shall return to the Chief Secretary.-

(a) the papers issued to them for decision by circulation under rule 24(1) 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 rule 22(3) or 23 immediately after the discussion has taken place;

(c) copies of the record of discussion and decisions circulated by the Chief Secretary under rule 22(8), 23 and 24(3), 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.

PART - E - RELATIONS WITH THE PROVINCIAL LEGISLATURE

28. 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 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 Departments detailed lists of such business not later than seven days before the commencement of the session.

(4) The Minister for Law 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 Secretary to Governor.

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(5) When the Assembly has been summoned by the Governor, he will at the appropriate stage, fix a date for the prorogation of the Assembly.

(6) The Secretary of the Assembly shall, when the session called by the Governor is nearing completion of its business, obtain the orders of the Governor through the Law Department, as to the date for the prorogation 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 the Assembly Secretariat, it should be promptly transferred to the Department concerned, in consultation with the Chief Secretary, if necessary, and under advice to the Assembly Secretariat.

(11) The Assembly Secretariat shall advise the Departments as soon as 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.

29. OFFICIAL BILLS AND AMENDMENTS.-

(1) After taking action in terms of rules 12 and 19, the Department concerned shall forward to the Law Department, the draft legislation in its final form with a statement of objects and reasons, duly signed by the Minister-in-Charge. The Law Department shall obtain the previous consent of the Government to the introduction of the bill, if such consent is necessary. This action shall be completed irrespective, and preferably well in advance, of the date of commencement of a session of the Assembly.

(2) The Law 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-in-Charge 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 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.

The Department concerned shall formulate the line of action to be adopted, and prepare a brief for the use of the Minister-in-Charge.

(4) The procedure regarding amendments shall be the same as for official bills.

15

(5) After a Bill has been passed, the Assembly Secretariat shall forward the Bill to the Governor, through the Law Department, in the form in which it is passed, duly signed by the Speaker. The Governor shall-

(a) accord his 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.

(6) When the Governor has returned a Bill to the Provincial Assembly for reconsideration and the Bill is again passed by the Provincial Assembly, with or without amendment, it shall be again presented to the Governor and the Governor shall assent thereto.

(7) After the Governor has passed orders, the Law Department shall inform the Department concerned and publish the Bill, if assented to, in the Gazette.

30. 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 Department as to-

(i) whether the bill can be introduced in the Provincial Legislature and is otherwise in order; and

(ii) 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 29 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.

31. RESOLUTION AND MOTIONS.-

(1) When an official resolution or motion is to be moved in the Assembly, the Department concerned shall, after consulting the Law Department and obtaining the approval of the Cabinet, forward the same, together with a formal notice duly signed by the Minister 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 adhoc 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, where 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.

16

32. QUESTION.-

(1) On receipt from the Assembly Secretariat of questions (starred or un-starred or short notice), 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-in-Charge of that Department 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.

(3) The Department concerned shall be responsible for giving effect to any undertakings given by the Minister in reply to questions.

33. BUDGET.-

(1) The Finance Department shall forward proposals regarding the date for the presentation of the annual budget to Secretary to the Assembly. The latter shall obtain the orders of the Chief Minister through the Chief Secretary. 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-in-Charge.

33A. ADVISORS AND SPECIAL ASSISTANTS:-

(1) There shall be Advisors and Special Assistants to the Chief Minister for the performance of such duties and functions, as may be specified from time to time.

(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 - F - SUBMISSION OF CASES TO THE GOVERNOR AND THE CHIEF MINISTER

34. SUBMISSION OF CASES TO THE GOVERNOR FALLING WITHIN HIS DISCRETIONARY POWERS UNDER THE CONSTITUTION.-

(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 of the Islamic Republic of Pakistan empowered to act in his discretion, the decision of the Governor in his discretion shall be final.

17

35. GOVERNOR'S DIRECTIVE WITH REGARD TO DISPOSAL OF CERTAIN CASES:-

(1) The Governor may require to submit for consideration of the Cabinet any matter on which a decision has been taken by the Chief Minister or a Minister but which has not been considered by the Cabinet.

(2) The Governor 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 in accordance with the advice tendered after such reconsideration.

36. 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-in-Charge, and shall be accompanied by a draft communication wherever appropriate.

37. 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

38. 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 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 officers as may be authorized, shall act as official spokesmen of Government.

18

39. CHANNELS OF COMMUNICATION.-

(1) Correspondence with the Federal Govt or another Provincial Govt shall be conducted direct by the Departments in respect of subjects allocated to them subject to the provisions of rule 8 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.

19

SCHEDULE-I

[See Rule 3]

LIST OF DEPARTMENTS AND ATTACHED DEPARTMENTS

S.NO

SECRETARIAT DEPARTMENTS

ATTACHED DEPARTMENTS

HEAD OF

ATTACHED DEPARTMENTS

1.

Agriculture, Livestock and Cooperation Department.

(a) Directorate General, Agriculture Extension.

(a) Director General, Agriculture Extension.

(b) Directorate General, Agriculture Research.

(b) Director General, Agriculture Research.

(c) 1Directorate General, (Extension) Livestock and Dairy Development.

(c) Director, General, (Extension) Livestock and Dairy Development.

(cc) 2Directorate General, (Research), Livestock and Dairy Development.

(cc) Director General, (Research), Livestock and Dairy Development.

(d) Directorate General On-Farm Water Management.

(d) Director General On-Farm Water Management.

(e) 3Directorate of Agriculture Engineering

(e) Director Agriculture Engineering

4[(f) Directorate of Soil Conservation.

(f) Director, of Soil Conservation.

(g) Directorate of Crop Reporting Service.

(g) Director, of Crop Reporting Service.]

5[(h) Office of Registrar, Cooperative Societies.

(h) Registrar, Cooperative Societies.]

[6(i) Directorate of Fisheries

(i) Director, Directorate of Fisheries]

2.

Auqaf, Hajj, Religious and Minority Affairs Department.

--

--

2(A).

7Communication and Works Department.

(i) Office of the Chief Engineer Centre

Chief Engineer Centre

(ii) Office of the Chief Engineer North

Chief Engineer North

(iii) Office of the Chief Engineer Design Office.

Chief Engineer Design Office.

82(B).

9Energy and Power Department.

--

--

1 Substituted vide Establishment Department Notification No. SO(O&M)/E&AD/2-3/2008 Vol III Dated 15-04-2009.

2 Inserted vide Establishment Department Notification No. SO(O&M)/E&AD/2-3/2008 Vol III Dated 15-04-2009.

3 Added vide Establishment Department Notification No.SO(O&M)/E&AD/2-3/2006 Vol II Dated 11-4-2007

4 Added vide Establishment Department Notification No. SO (O&M)/E&AD/2-3/2008 Vol III, Dated 21th September, 2010.

5 Added vide Establishment Department Notification No. SO (O&M)/E&AD/2-3/2008 Vol III, Dated 19th October, 2010.

6 Added vide Establishment Department Notification No. SO (O&M)/E&AD/2-3/2008 Vol III, 12th November, 2011.

7 Added vide Establishment Department Notification No. SO(O&M)/E&AD/2-22/2006 Vol III Dated 24-11-2009.

8 Renumbered as vide Establishment Department Notification No. SO(O&M)/E&AD/2-22/2006 Vol III Dated 24-11-2009

9 Added vide Establishment Department Notification No. SO(O&M)/E&AD/2-34/2008 Vol III Dated 25-10-2008.

20

3.

Environment Department.

(a) Office of the Chief Conservator of Forests.

(a) Chief Conservator of Forests.

[1(b) Office of Chief Conservator of Wildlife.

(b) Chief Conservator of Wildlife.]

(c) 2[…]

(c) […]

(d) Directorate General Environmental Protection Agency.

(e) 3[deleted]

(d) Director General Environmental Protection Agency.

(e) [deleted]

4.

Establishment & Administration Department.

(a) Directorate of Anti-Corruption Establishment.

(a) Director Anti-Corruption Establishment, 4[Khyber Pakhtunkhwa].

(b) 5[Khyber Pakhtunkhwa]Service Pakhtunkhwa]Service Tribunal.

(b) Chairman, 6[Khyber Pakhtunkhwa] Service Tribunal.

(c) Provincial Inspection Team (PIT).

(c) Chairman, Provincial Inspection Team (PIT).

7[5.

Excise, Taxation and Narcotics Control Department.

Directorate General, Excise, Taxation and Narcotics Control.

Director General, Excise, Taxation and Narcotics Control.]

6.

Finance Department.

(a) 8Directorate of Local Fund Audit.

(b) Directorate of Treasuries and Accounts

(a) Director, Local Fund Audit.

(b) Director Treasuries and Accounts

7.

Food Department.

Directorate of Food.

Director Food.

8.

Health Department.

Directorate General Health Services.

Director General, Health Services.

9.

Higher Education, Archives and Libraries Department.

(a) Directorate of Higher Education.

(a) Director, Higher Education.

(b) Directorate of Archives & Libraries.

(c) 9[Director General of Commerce Education and Management Sciences.

(b) Director, Archives & Libraries.

(c) Director General, Commerce Education and Management Sciences.]

10.

Home & Tribal Affairs Department.

(a) Police Department.

(a) Inspector General of Police/Provincial Police Officer.

10[……]

11 […….]

(b) 12[Inspectorate General of Prisons.

(b) 13 [Inspector General of Prisons.

(c) Directorate of Probation and

(c) Director Probation and

1 Subs. Vide Notification No. SO(O&M)/E&AD/2-7/2002 Dated 21st may, 2011.

2 Deleted vide Establishment Department Notification No. SO (O&M)/E&AD/2-3/2008 Vol III, 12th November, 2011.

3 “,entry (e) and (d) deleted vide Establishment Department Notification No.SO(O&M)/E&AD/2-35/2008, Dated 18th September,2008.

4 Subs. Vide the Khyber Pakhtunkhwa Act No. IV of 2011

5 Subs. Vide the Khyber Pakhtunkhwa Act No. IV of 2011

6 Subs. Vide the Khyber Pakhtunkhwa Act No. IV of 2011

7 Substituted vide Khyber Pakhtunkhwa Notification No. SO(O&M)/E&AD/2-6/2002, dated 17-04-2015.

8 (a) & (b) Added vide Establishment Department Notification No.SO(O&M)/E&AD/2-8/2006 Vol I Dated 29.8.2007

9 Added vide Notification No. SO(O&M)/E&AD/2-21/2002, dated 11-05-2015.

10 Clause (b) deleted vide Khyber Pakhtunkhwa Notification No.SO(O&M)/E&AD/2-40/2010. Dated. 21-02-2013

11 Clause (b) deleted vide Khyber Pakhtunkhwa Notification No.SO(O&M)/E&AD/2-40/2010. Dated. 21-02-2013

12 Clause (c),(d), and (e) renumbered as (b), (c) and (d). No.SO(O&M)/E&AD/2-40/2010. Dated. 21-02-2013

13 Clause (c),(d), and (e) renumbered as (b), (c) and (d). No.SO(O&M)/E&AD/2-40/2010. Dated. 21-02-2013

21

Reclamation.

reclamation.

(d) Directorate of Prosecution, 1[Khyber Pakhtunkhwa]].

(d) Director, Prosecution, 2[Khyber Pakhtunkhwa]].

11.

Housing Department.

--

--

12.

Industries, Commerce, 3[….] 4[….] & Technical Education Department.

(a) 5[…]

(a) 6[….]

(b) 7[…….].

(b) 8[……]

(c) 9[Directorate of Industries and Commerce.

(c) Director, Industries and Commerce.]

(d) Printing & Stationery Department.

(d) Controller, Printing & Stationery Department.

10[13.

Information and Public Relations Department.

Directorate of Information and Public Relations.

Director, Information and Public Relations.]

14.

Inter Provincial Coordination Department

--

--

15.

Irrigation 11[…] Department.

12[(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 (North) Irrigation.

(c) Director General, Small Dams ]

13[15(A)

Labour Department.

14[(a) Directorate of Labour

15[16[[…]

(a) Director Labour]]

[…]]

16.

Law, Parliamentary Affairs and Human Rights Department.

(a) Office of the Advocate General.

17[(b) Directorate of Human Rights.]

(a) Advocate General.

18[(b) Director, Human Rights.]

17.

Local Government, Election and Rural Development Department.

Directorate General, Local Government

Director General, Local Government.

19[17(A)

Mineral Development Department.

a. Directorate General of Mines and Mineral.

a. Director General.

1 Subs. Vide the Khyber Pakhtunkhwa Act No. IV of 2011

2 Subs. Vide the Khyber Pakhtunkhwa Act No. IV of 2011

3 “,Labour” deleted vide Establishment Department Notification No.SO(O&M)/E&AD/2-39/2010, Dated 06.03.2010.

4 “Minerals Development” deleted vide Establishment Department Notification No.SO(O&M)/E&AD/2-38/2010 Dated 28.07.2009.

5Entries in columns (3)a and (4)a deleted vide Establishment Department Notification No.SO(O&M)/E&AD/2-38/2010 Dated 28.07.2009.

6Entries in columns (3)a and (4)a deleted vide Establishment Department Notification No.SO(O&M)/E&AD/2-38/2010 Dated 28.07.2009.

7 Deleted vide Notification No. SO(O&M)/E&AD/2-21/2002, dated 11-05-2015.

8 Deleted vide Notification No. SO(O&M)/E&AD/2-21/2002, dated 11-05-2015.

9 Clause (C) in Column No 3 and Column No 4 Substituted vide Establishment Department Notification No.SO(O&M)/E&AD/2-39/2010, Dated 06.03.2010.

10Substituted vide Notification No. SO(O&M)/E&AD/2-23/2007/Vol-II, Dated 30-03-2015.

11 “and power” deleted vide Establishment Department Notification No.SO(O&M)/E&AD/2-34/2008, Dated 25.10.2008.

12 Substituted vide Establishment Department Notification No. SO(O&M)/E&AD/2-14/2002, Dated 17th March, 2011.

13 Inserted vide Establishment Department Notification No.SO(O&M)/E&AD/2-39/2010, Dated 06.03.2010.

14 Entries in column No. 3 and column No. 4 are numbered as clause (a) vide Notification No. SO(O&M)/E&AD/2-39/2009, dated. 12-10-2011

15 Clause (b) in column No. 3 and 4 added vide Establishment Department Notification No.SO(O&M)/E&AD/2-39/2009, Dated 12.10.2011.

16 Clause (b) in column No. 3 and 4 deleted vide Establishment Department Notification No.SO(O&M)/E&AD/2-39/2009, 06.03.2012.

17 Added vide Notification No. SO (O&M)/ E&AD/ 2-15/2013 dated, 4th January, 2013.

18 Added vide Notification No. SO (O&M)/ E&AD/ 2-15/2013 dated, 4th January, 2013.

19 Substituted vide Notification No. SO(O&M)/E&AD/10-1/2010. Dated, 28-11-2013.

22

b. Commissionerate of Mines Labour Welfare.

c. Inspectorate of Mines.

b. Commissioner of Mines.

c. Chief Inspector of Mines.]

18.

Planning and Development Department.

Bureau of Statistics.

Director, Bureau of Statistics.

19.

Population Welfare Department.

Directorate General, Population Welfare.

Director General, Population Welfare.

19(A)

1Public Health Engineering Department.

(i) Office of Chief Engineer North

Chief Engineer North

(ii) Office of Chief Engineer South

Chief Engineer South

20.

Relief, Rehabilitation and Settlement Department.

2[Directorate of Civil Defence

Director, Civil Defence]

21.

Revenue Department.

Board of Revenue.

Member, Board of Revenue.

22.

Science & Technology & Information Technology Department.

3 [(a)] Directorate of Science & Technology.

4[(b) Directorate of Information Technology.

(a) Director, Science & Technology.

(b) Director, Information Technology]

23.

5Elementary and secondary Education Department.

(a) 6Directorate of Elementary and secondary Education.

(b) Directorate of Curriculum and Teachers’ Education.

(a) Director, Elementary and secondary Education.

(b) Director, Curriculum and Teachers’ Education.

7[24.

Sports, Culture, Tourism ,Youth Affairs, Archaeology and Museums Department.

(a) Directorate General of Sports.

(b) Directorate of Archaeology and Museums.

(c) Directorate of Culture.

(d) Directorate of Youth Affairs.

(e) Directorate of Tourist Services.

(a) Director General, Sports.

(b) Director, Archaeology and Museums.

(c) Director, Culture.

(d) Director, Youth Affairs.

(e) Director Tourist Services.]

8[24(A) )

Transport & Mass Transit Department.

Directorate of Transport & Mass Transit.

Director, Transport & Mass Transit]

25.

9[…]

10[26.

Zakat, Ushr, Social Welfare, Special Education & Women Empowerment Department

Directorate of Social Welfare, Special Education & Women Empowerment Department.

Director, Social Welfare, Special Education & Women Empowerment Department.]

1 Inserted vide Establishment Department Notification No.SO(O&M)/E&AD/2-22/2006 Vol III Dated 24.11.2009.

2 Added vide Notification No.SO(O&M)/E&AD/2-40/2010 dated, 21-02-2013.

3 Renumbered vide Establishment Department Notification No.SO(O&M)/E&AD/2-24/2005 Vol II 22nd September, 2011.

4 Added vide Establishment Department Notification No.SO(O&M)/E&AD/2-24/2005 Vol II 22nd September, 2011.

5 Substituted vide Establishment Department Notification No .SO(O&M)/E&AD/2-17/2002 Dated 05.06.2008.

6 Substituted vide Establishment Department Notification No .SO(O&M)/E&AD/2-17/2006-Vol- I Dated 14.10.2008.

7 Substituted vide Notification No. SO(O&M)/E&AD/2-23/2007/vol-II, dated 29.09.2016.

8 Substituted vide Notification No. SO(O&M)/E&AD/2-35/2009/Vol-II, dated 15-01-2014.

9 Deleted vide Establishment Department Notification No.SO(O&M)/E&AD/2-22/2006 Vol III Dated 24.11.2009.

10 Substituted vide Establishment Department Notification No .SO(O&M)/E&AD/2-2/2002 Vol-II, 16th August, 2011.

23

SCHEDULE-II

[See Rule 3(3) and Rule 9(4)(i)]

DISTRIBUTION OF BUSINESS AMONGST DEPARTMENTS

AGRICULTURE, LIVESTOCK AND COOPERATION DEPARTMENT

I. 1[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 disease.

(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.

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

1 Substituted by Notification No. SO (O&M)/ E&AD/2-3/2012-Vol-IV dated 18th October, 2012.

24

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-Government 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 Khyber Pakhtunkhwa.

11.

Release of lands dues statistics regarding area irrigated by different sources, Agricultural 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. Cooperation:

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 Sarhad Cooperative Union.

25. Provision of Agricultural supplies and other essential commodities.

26. Women Handicraft Marketing Cooperatives.

25

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 famers, 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 fair, shows, filed 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.]

26

1AUQAF, HAJJ, RELIGIOUS AND MINORITY AFFAIRS

DEPARTMENT

Auqaf Department :-

1. Administration of

(a) The 2[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.

1Heading substituted by Notification No. SO(O&M)E&AD/2-4/2002, dated 23-11-2002.

2 Subs. Vide the Khyber Pakhtunkhwa Act No. IV of 2011

27

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.

1[COMMUNICATION AND WORKS DEPARTMENT 1. Construction, equipment, maintenance, repairs, internal electrification and fixation of rent of all Government buildings, residential and non-residential, including tents, dak bungalow 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).]

2[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-a-vis other DISCOs for regulation of tariff. 5. Administration of Sarhad Hydel Development Organization Act, 1983 1 Inserted by No.SO(O&M)E&AD/2-22/2006-Vol-III Dated: 24th November, 2009. 2 Notification No. SO(O&M)E&AD/2-34/2008 dated 25th October, 2008

28

6. All matters pertaining and auxiliary to Hydel power stations of WAPDA or any other publication/private sector agency located in 1[Khyber Pakhtunkhwa] 7. Advising the Provincial Government on thermal, solar, wind, coal, nuclear, solar 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 2[Khyber Pakhtunkhwa] and cooperation with such companies and organizations undertaking such ventures in 3[Khyber Pakhtunkhwa]. 9. Matters relating to extension of gas by SNGPL in 4[Khyber Pakhtunkhwa]. 10. Matters relating to tariff on gas/CNG/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.]

5ENVIRONMENT DEPARTMENT

6[I- Environment:

(a) Environmental Protection

(b) Energy Conservation]

Environmental protection

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.

1 Subs. Vide the Khyber Pakhtunkhwa Act No. IV of 2011

2 Subs. Vide the Khyber Pakhtunkhwa Act No. IV of 2011

3 Subs. Vide the Khyber Pakhtunkhwa Act No. IV of 2011

4 Subs. Vide the Khyber Pakhtunkhwa Act No. IV of 2011

5 Inserted by Notification No. SO(O&M)S&GAD/722/2002, dated 29-01-2002.

6 Substituted by Notification No. SO(O&M)E&AD/2-7/2002, 8th August, 2008.

29

11. Protection, preservation, conservation and management of wildlife including all matters falling within the purview of the 1Khyber Pakhtunkhwa Wildlife (Protection, Preservation, Conservation and Management) Act, 1954, (2[Khyber Pakhtunkhwa]Act V of 1975).

12. Habitat improvement.

13. Conservation education and training.

14. Applied research on wildlife and its habitat.

3[…]

4[…]

5* V. Sericulture.

11. Establishment of mulberry nurseries.

12. Distribution of mulberry saplings, its plantation and cultivation.

13. Import of phybried silk worm eggs and its isolation, etc.

14. Production, hyberdization, distribution, etc. of silk worm eggs.

15. Training of farmers and members of staff in the art of sericulture.

16. Control of silk worm diseases.

17. Control of mulberry diseases and insects pests.

18. Production of silk yarn.

19. Purchase of cocoons from ferrnuers.

20. Development and expansion of sericulture.

21. Improvement of socio-economic condition of farmers.

22. 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.

1A. “Chief Minister Secretariat.”

2. General Coordination.

1 Subs. Vide the Khyber Pakhtunkhwa Act No. IV of 2011

2 Subs. Vide the Khyber Pakhtunkhwa Act No. IV of 2011 3 Sub-heading fisheries and functions thereunder deleted by Notification No. SO(O&M)E&AD/2-3/2008Vol-III dated 12th November, 2011. 4 Sub-heading IV and functions thereunder at Sr. No. 25, 26 and 27 deleted by Notification No. SO(O&M)E&AD/2-35/2008 dated 18th September, 2008.

5 * Note: As this is the updated copy of the North-West Frontier Province Government Rules of Business, 1985, 6th edition, 2007 so the Sr. No under the this heading V starting from 11 to 22 printed here as it was in the said edition.

30

3. Honours, Awards and Sanads for Public Services.

4. Communication Security Centre and other codes.

5. 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.

6. Holidays

7. Office management-

(a) Civil Secretariat and Government Offices generally; and

(b) Secretariat Standing Orders.

8. Preparation of Civil List and Official Gazette.

9. Services rules (other than former C.S.P.) relating to various services and posts, and interpretation thereof.

10. Policy regarding services associations.

11. (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 1[Khyber Pakhtunkhwa]Provincial Management Service; and

(iv) The Ministerial Establishment of the Provincial Secretariat.

12. 2[]

13. Anti-Corruption.

14. Organization and Methods

(a) Periodic review of the organization staff, function 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

1 Subs. Vide the Khyber Pakhtunkhwa Act No. IV of 2011

2 Deleted by Notification No. SO(O&M)E&AD/2-15/2002 dated 17th May, 2010.

31

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. 1Khyber Pakhtunkhwa. Services Tribunal.

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).

1 Subs. Vide the Khyber Pakhtunkhwa Act No. IV of 2011

32

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 and Rules relating to Service matters of Civil Servants.

58. Service Rules Committee.

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. 1 2 […..]

68. Matters relating to Federal Cabinet Meetings.

3[EXCISE, TAXATION AND NARCOTICS CONTROL DEPARTMENT

1. Control of tobacco, opium, hemp, narcotics, liquor and intoxicating preparation, import license and contracts relating thereto and excise tax thereon.

2. Assessment and collection of taxes and fees for:

a. Professions, trades, callings and employments;

b. Urban Immovable Properties;

c. Motor Vehicles Taxations;

1Inserted by Notification No. SO(O&M)S&GAD/3-3/2002, dated 3-10-2001.

2 Item 67 Deleted by Notification No. SO(O&M)E&AD/2-5/2009Vol-II dated 31st October, 2009

3 Substituted vide Khyber Pakhtunkhwa Notification No. SO(O&M)/E&AD/2-6/2002. Dated 17th April-2015.

33

d. Real Estates Agents, Motor Vehicle Dealers and Rent a Car Dealers;

e. Historical Mosques Cess;

f. Hotel Bed Tax;

g. Entertainment;

h. Sales Tax on Services; and

i. Infrastructure Development Cess.

3. Registration of Motor Vehicles.

4. Collection & Utilization of Tobacco Development Cess.]

FINANCE DEPARTMENT

1[1. Management of public funds including:

(a) Supervision and control of Provincial finances;

(b) Preparation of Provincial budget, monitoring and evaluation of utilization of current 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 or Ordinances constituting the said body.

4. Floatation and administration of Provincial loans.

5. Examination and advice on matters affecting directly or indirectly the finance of the Province including-

(a) Grants, contributions, other allowances an honoraria, contingencies recoveries from the payment to Departments and cases relating to money matters generally;

(b) Emoluments, pensions and allowances;

(c) Loans advances to Government servants; and

(d) Matters related to General Provident Fund and Pension Fund.

6. Administrations of public revenue save as otherwise provided.

7. Assets and Liabilities Committee.

8. Banking.

9. Communication of financial sanctions.

1 Substituted vide Khyber Pakhtunkhwa Notification No. SO (O&M)/E&AD/2-8/2015, dated 24-02-2015.

34

10. Examination of all proposals for increase or reduction of taxation.

11. Creation of new posts and examination of schemes of new expenditure.

12. Audit of receipts and expenditure.

13. Public Debts.

14. The Local Fund Audit Department.

15. Treasuries and Sub-Treasuries.

16. Electronic Data Processing pertaining to Financial Management and Accounting.

17. Matters related to National Finance Commission, Provincial Finance Control and Local Government and Finance Management and Accounts System.

18. Monitoring and Management of energy consumption in Government.

19. Public Financial Management Reforms.

20. Matters related to the Khyber Pakhtunkhwa Public Procurement Regulatory Authority (KPPPRA);

21. Composite Schedule of Rates or Market Rate System.

22. Economic Reforms Commission.]

1FOOD 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

2[I. Leadership and evidence-based direction setting for health sector.

1. Heath policy and reforms.

2. Health Planning, financing and budget.

II. Health Support and Development.

3. Health promotion

(a) Health education; and

1Heading substituted by Notification No. SO(O&M)S&GAD/3-19/99, dated 27-03-2001

2 Substituted vide Notification No. SO (O&M)/E&AD/2-10/2007 dated 20th April, 2012.

35

(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 of support medical and health profession; 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 Department in litigation related to Health Department.

36

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

11. [Legislation, policy formulation and sectoral planning for higher education, archives and libraries.

2. College Education.

3. University Education, excluding Universities attached to other Administrative Departments i.e. the Health Department or Agriculture, Livestock and Cooperation Department.

4. Coordination of projects or schemes programmes for higher studies aboard.

5. Coordinate or manage grant of scholarships.

6. Promotion of scientific research.

7. Development, designing and updating of curricula and syllabi.

8. Centres of Excellence, Centres for Special Studies and Area Specific Research.

9. Establishment of public libraries network throughout the Province for dissemination of knowledge and promotion of self and informal education. Provision of public library facilities and book lending facilities.

10. Coordination with other Archival Repositories, Libraries and Research Organizations within and outside the Country for exchange of record and information.

11. Preservation, conservation and restoration of public record.

12. Manuscripts and historical records.

13. Teachers education, training and research.

14. Development and funding of higher education in public and private sectors.

15. Regulation of higher education in public and private sectors.

16. Linkages between institutions and industries as well as national and international organizations.

17. Performance evaluation and guidelines as regards minimum criteria and qualifications for appointment, promotion, salary structure and other terms and conditions of service of the faculty.

18. Endowment fund for Higher Education.

1 Substituted vide Khyber Pakhtunkhwa Notification No. SO(O&M)E&AD/2-21-2002, dated 12-01-2015.

37

19. Management of sports and its promotion in the colleges.

20. Service matters except those entrusted to the Establishment Department.

21. Administration of the following laws and the rules framed thereunder:

(a) The Frontier Education Foundation, 1992 (Khyber Pakhtunkhwa Act No. III of 1992);

(b) The Gulam Ishq Khan Institute of Emerging Sciences and Technology Act, 1994 (Khyber Pakhtunkhwa Act No. III of 1994);

(c) The University of Malakand Regulation Act, 2001 (Khyber Pakhtunkhwa Regulation No. II of 2001);

(d) The Khyber Pakhtunkhwa Education Testing and Evaluation Agency Act, 2001 (Khyber Pakhtunkhwa Act No. VIII of 2001);

(e) The City University of Science and Information Technology, Peshawar Ordinance, 2001 (Khyber Pakhtunkhwa Ordinance No. XX of 2001);

(f) The University of Information Technology and Emerging Sciences Ordinance, 2001 (Khyber Pakhtunkhwa Ordinance No. XXI of 2001);

(g) The Qurtaba University of Science and Information Technology, Peshawar Ordinance, 2001 (Khyber Pakhtunkhwa Ordinance No. XXII of 2001);

(h) The Sarhad University of Science and Information Technology, Peshawar Ordinance, 2001 (Khyber Pakhtunkhwa Ordinance No. XXIV of 2001);

(i) The Higher Education Regulatory Authority Ordinance, 2001 (Khyber Pakhtunkhwa Ordinance No. XXVII of 2001);

(j) The Institute of Management Science Ordinance, 2002 (Khyber Pakhtunkhwa Ordinance No. XXXVII of 2002);

(k) The Northern University Ordinance, 2002 (Khyber Pakhtunkhwa Ordinance No. XLVIII of 2002);

(l) The Preston University, Kohat Ordinance, 2002 (Khyber Pakhtunkhwa Ordinance No. LII of 2002);

(m) The Ghandhara University Ordinance, 2002 (Khyber Pakhtunkhwa Ordinance No. LIV of 2002);

(n) The Abasyn University Act, 2009 (Khyber Pakhtunkhwa Act No. XIII of 2009);

(o) The Sheringal University Regulation, 2009 (Khyber Pakhtunkhwa Regulation No. II of 2009);

(p) The University of Swat Regulation, 2010 (Khyber Pakhtunkhwa Regulation No. II of 2010);

(q) The University of Peshawar Act, 2011 (Khyber Pakhtunkhwa Act No. I of 2012);

(r) The Iqra National University Act, 2011 (Khyber Pakhtunkhwa Act No. V of 2011); and

(s) The Khyber Pakhtunkhwa Universities Act, 2012 (Khyber Pakhtunkhwa Act No. X of 2012).]

38

1[22. Commerce Education and Management Sciences excluding Medical and Agricultural Education. 23. Service matters, except those entrusted to Establishment and Administration Department.]

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.

2[6. Arms, ammunition.

7. 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. 3[…..].

15. Compensation for loss of property or life due to civil commotion or while on duty.

16. Rent control and requisitioning of property.

17. Smuggling.

4[18. Clubs, excluding garrison clubs.]

19. Collective fines

20. Hoarding and black marketing.

21. 5[……].

22. Civil Security Schemes.

1 Added vide Khyber Pakhtunkhwa Notification No. SO(O&M)E&AD/2-21/2002, dated 11-05-2015.

2 Substituted vide Notification No SO(O&M)E&AD/2-11/2008, dated 19-06-2015.

3 Deleted vide Notification No SO(O&M)E&AD/2-40/2010, dated 21st Feb. 2013. Later on again deleted vide Notification No SO(O&M)E&AD/2-11/2008, dated 19-06-2015.

4 Substituted vide Notification No SO(O&M)E&AD/2-11/2008, dated 19-06-2015.

5 Deleted vide Notification No SO(O&M)E&AD/2-11/2008, dated 19-06-2015.

39

23. Commutation and remission of sentences, mercy petitions.

24. Preventive detention and administration of Press Laws.

25. Prosecutions in respect of newspapers and other publications.

1[26. Border incidents at Chitral and Upper Dir.]

27. Pilgrims and pilgrimages.

28. Political pensions, mutiny allowances and Jagirs.

29. Homeguards and territorial forces.

30. Question of domicile and application for Nationality certificates.

31. Registration of aliens.

32. Recovering of missing persons.

33. 2[….].

34. Enemy property and schedule of persons and firms specified as enemy.

35. 3[……].

36. Enforcement of provisions of Motor Vehicles Act, 1939 and thereunder relating to control of traffic and inspection and checking of Motor Vehicles for the purposes of traffic control.

37. Protection of key points and vital installation.

38. Afghan Refugees and allowances.

39. (a) Representation in criminal cases;

(b) Appeals and application for enhancement of sentences and conviction; and

40. Public Prosecutors, Appointment, Transfer and Leave etc.

41. Defence of pauper accused in the courts and fees to pleader for such defence.

42. All matters pertaining to administration of Provincially Administered Tribal Areas including preparations of annual budget (non-development and development) for those areas.

4[43. Extension of Law to Provincially Administered Tribal Areas.]

44. Reservation of seats in various services for Tribal people of Provincially Administered Tribal Areas and recruitment of tribes in the Army.

45. Budget for levies and Khasadar is released by the SAFRON through Home Department.

5HOUSING DEPARTMENT

1. Administration of 6[Khyber Pakhtunkhwa] Provincial Housing Authority Act, 2005.

1 Substituted vide Notification No SO(O&M)E&AD/2-11/2008, dated 19-06-2015.

2 Deleted vide Notification No SO(O&M)E&AD/2-11/2008, dated 19-06-2015

3 Deleted vide Notification No SO(O&M)E&AD/2-11/2008, dated 19-06-2015

4 Substituted vide Notification No SO(O&M)E&AD/2-11/2008, dated 19-06-2015.

5Heading substituted by Notification No. SO(O&M)E&AD/2-27/2004, dated 27.12.2004

6 Subs. Vide the Khyber Pakhtunkhwa Act No. IV of 2011

40

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 PDWP, CDWP and ECNEC etc

8. Execution of works as deposit works.

9. Service matters, except those entrusted to Establishment and Administration Department.

1INDUSTRIES, COMMERCE 2[…]3[…]

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 Act and Companies Act.

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 4[….].

11. Chambers and Associations of Commerce and Industry.

5[….]:

6[12(A). The Khyber Pakhtunkhwa Consumers Protection Act, 1997.]

13. Undesirable Companies Ordinance and matters relating there to.

1Heading substituted by Notification No. SO(O&M)S&GAD/8-1/2001, dated 10-05-2001.

2 Deleted by Notification No. SO(O&M)E&AD/2-39/2010, dated 06-03-2010.

3 Deleted by Notification No. SO(O&M)E&AD/2-38/2009, dated 01-03-2010.

4 Deleted by Notification No. SO(O&M)E&AD/2-38/2009, dated 01-03-2010.

5 Entries at 12 deleted by Notification No. SO(O&M)E&AD/2-38/2009, dated 01-03-2010.

6 Inserted vide Khyber Pakhtunkhwa Notification No. SO(O&M)E&AD/2-12/2006-Vol-I, dated. 30-04-2013

* Note: For confusions arising in the entries after No. 14 and before No. 23 see various notifications creating the confusion i.e Notification No 1. 6-3-2010 No. 2. 26-12-2011.

41

14. Stationery and Printing.-

(a) Government Book Depots - supply of official publication of the Provincial 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 Departments);

(e) Monthly income and expenditure statements of Government Presses;

(f) Printing and binding at private and Government Presses;

(g) Local purchase of stationery;

(h) Printing and Stationery Manual; and

(i) Allocation of stationery to Departments and disposal of waste papers.

*

1[…]

Technical Education.-

22. Technical Education and Research excluding Medical and Agricultural Education.

2*22. Services matters, except those entrusted to Establishment &Administration Department.

3 [23. Resettlement and Employment of demobilized personnel.

24. Technical Training Center.]

4* [18. Provincial Policy, planning & coordination regarding manpower development & employment promotion.

19. Registration of essential personnel.

20. Preparation of short and long term programmes for manpower development & employment promotion.

21. Apprenticeship training & other training programmes for workers.

22. War injuries schemes & war injuries compensation insurance.].

5[INFORMATION AND PUBLIC RELATIONS DEPARTMENT]

1. Publicity.

2. Public Relations.

1 Sub-heading labour Welfare and Functions thereunder i.e 15, 16, 17,18,19,20 & 21 deleted by Notification No. SO(O&M)E&AD/2-39/2010, dated 06-03-2010.

2 * Note: for the repetition of Sr. No. 22 see 6th Edition 2007 of Govt of Khyber Pakhtunkhwa Rules of Business of Establishment Department .

3 Inserted by Notification No. SO(O&M)E&AD/2-39/2010, dated 06-03-2010.

4 * Note: New entries i.e. 18 to 22 added vide Notification No. SO(O&M)E&AD/2-12/2002 dated, 26-12-2011 ” but during updation it reveals that no item 17 is available because items no. 15 to 21 were deleted by Notification No. SO(O&M)E&AD/2-39/2010. Dated 6th March 2010.

5 Substituted vide Khyber Pakhtunkhwa Notification No. SO(O&M)/E&AD/2-23/2007/VoI-II, dated 30-03-2015.

42

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.

1[……..]

8. Service matters, except those entrusted to Establishment &Administration Department.

2INTERPROVINCIAL 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.

3IRRIGATION 4[…] DEPARTMENT

Irrigation:-

1. (a) Rivers and reverine 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

1 7 A Deleted vide Khyber Pakhtunkhwa Notification No. SO(O&M)/E&AD/2-23/2007/VoI-II, dated 30-03-2015.

2 Added vide Notification No. SO(O&M)E&AD/6-7/2007 Dated 26-7-2007

* Note: For confusions arising in the entries after No. 14 and before No. 23 see various notifications creating the confusion i.e Notification No 1. 6-3-2010 No. 2. 26-12-2011.

3Heading substituted by Notification No. SO(O&M)E&AD/3-11/2002, dated 29-11-2001.

4 deleted by Notification No. SO (O&M)E&AD/2-34/2008, dated 25st October , 2008.

43

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 is applicable.

8. Matters pertaining to distribution of river supplies.

9. Inland water-ways and inland navigation.

1[…] 2 [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 Act. 3. Administration of Labour Courts and Labour Appellate Tribunals. 4. Administration of Minimum Wages Boards. 5. Social Security Scheme.] 3[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 4[………] 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.

1 deleted by Notification No. SO (O&M)E&AD/2-34/2008, dated 25st October , 2008.

2 Inserted by Notification No. SO(O&M)E&AD/2-39/2010, dated 06-03-2010.

3 Added vide Notification No. SO(O&M)E&AD/2-39/2009, dated. 12-10-2011.

4 Deleted vide Notification No. SO(O&M)E&AD/2-39/2009, dated 06-03-2012.

44

(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.

1[14. High Court]

2[15. Review of human rights situation in the Province.

16. Co-ordination of activities of Government Department, 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, document and reports on complaints and allegations of human rights violations from Government Department 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 teaching training at home and abroad relating to human rights issues.

24. Provincial Ombudsman.

1 Added by Notification No. SO(O&M)E&AD/2-15/2002, dated 17th May 2010.

2 Added by Notification No. SO(O&M)/E&AD/2-15/2002, dated 21st May 2011.

45

25. Representation under section 31 of the 1Khyber 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.]

2[35. The West Pakistan General Clauses Act, 1956.

36. The Khyber Pakhtunkhwa Judicial Academy Act, 2012.

37. The Khyber Pakhtunkhwa Appointment of Law Officers Act, 2014.]

LOCAL GOVERNMENT, ELECTIONS AND RURAL

DEVELOPMENT DEPARTMENT

1. All matters connected with the Administration of the 3Khyber Pakhtunkhwa Local Government Ordinance, 2001.

2. North- West Frontier province Public Property (Removal of Encroachment) Act, 1977.

3. Muslim Family Law Ordinance, 1962.

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

1 Subs. Vide the Khyber Pakhtunkhwa Act No. IV of 2011

2 Added vide Notification No. SO(O&M)E&AD/2-15/2002, dated 30-11-2015.

3 Subs. Vide the Khyber Pakhtunkhwa Act No. IV of 2011

46

and Local Bodies.

16. Grant-in-Aid for Local Councils.

17. Processing of AD.P. through District Coordination Committees.

18. Water supply and Sewerage Schemes of Local Councils.

19. U.S. Aid Financial Project.

20. Asian Development Bank Assisted Projects (Farm to Market Roads through Local Councils).

21. World Food Programme.

22. UNICEF Programme.

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.

47

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.

1[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 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

2[1. Formulation of Government vision, policies, strategies and development plans for economic planning and inclusive/sustainable development.

2. Initiate reforms to accelerate the pace of economic and social development.

3. Appraisal, monitoring and evaluation of development projects and programmes.

4. Processing of 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.

5. To act as clearing house for development schemes within the competence of the Federal Government i.e CDWP/ECNEC including representation in DDWP.

6. Focusing accelerated development of less developed and vulnerable areas.

7. Periodically review progress of development projects including PSDP and Foreign Assisted Projects.

8. Determining policies for approval, review and monitoring of development schemes for Government.

9. Appropriation and re-appropriation of development grants provided in the budget.

10. Protocol functions in connection with visits of foreign economic missions and delegations etc. 1 No. SO(O&M)E&AD/2-38/2009 Dated, 1st March, 2010. 2 Substituted by Notification No. SO (O&M)/ E&AD/ 2-18/2011 dated 19th January, 2015.

48

11. Coordination of Provincial Statistics in general and all matters relating to the Bureau of Statistics.

12. Economics research, analysis and surveys.

13. Coordination of technical assistance from abroad including training facilities for Government employees; expert advisory services and equipment.

14. Policy formulation with respect to private sector development and promotion and public private partnership (PPP).

15. Ensure compliance to International Commitments in the development process.

16. Capacity Building of Government Department, Agencies and Functionaries for good governance.

17. Matters relating to attached departments, autonomous bodies and special institutions of Planning and Development Department.

18. Electronic Data management and liaison with Line Department at Provincial and District level regard to Planning and Development.

19. Matters ancillary to the above subjects.]

1POPULATION 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 Provincial 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. 2[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.

1Heading substituted by Notification No. SO(O&M)E&AD/3-21/2002, dated: 03-11-2002.

2 Added by No. SO(O&M)/E&AD/2-19/2002 Dated: 21st May 2011.

49

(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.]

1 [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 and / or Federal Funds. 10. Research and material testing pertaining to PHE sector projects. 11. Execution of PHE works on behalf of other agencies/department 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.]

1 Inserted by No.SO(O&M)E&AD/2-22/2006-Vol-III Dated: 24th November, 2009.

50

1RELIEF, REHABILITATION AND SETTLEMENT DEPARTMENT 2[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, the Khyber Pakhtunkhwa Emergency Services (Rescue 1122), Civil Defence and any other agency that is created in the future. 6. Legislation, policy formulation and sectoral planning relating to relief and Rehabilitation. 7. Administration of the National Disaster Management Act, 2010 and the West Pakistan, National Calamities (Prevention and Relief) Act, 1958. 8. Assessment and valuation of losses during disaster for providing relief to the affectees. 9. Planning for preventive and proactive measures against floods, rains, earthquake and other natural and manmade disasters. 10. Reconstruction and rehabilitation of infrastructure damaged due to rains, flood and other natural and manmade disasters. 11. Strengthening of disaster and crises management capacity. 12. Monitoring and supervision of Provincial Disaster Management Funds. 13. Settlement and rehabilitation of internally displaced persons (IDPs). 14. Maintenance and distribution of Chief Minister’s Relief Fund. 15. Budget, accounts and audit matters. 16. Purchase of stores and capital goods for the Department. 17. Service matters except those entrusted to Establishment Department. 18. Matters incidental and ancillary to the above subject. 19. Submission of proposals regarding disaster management and mitigation to the Provincial Disaster Management Commission and Provincial Disaster Management Authority.

20. 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;

1Heading substituted by Notification No. SO(O&M)E&AD/2-4/2002, dated 23-11-2002

2 Substituted by Notification No. SO (O&M)/E&AD/2-40/2002, dated 8th May, 2015

51

(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) Eschcats; 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.

52

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.

1[SPORTS, CULTURE, TOURISM, YOUTH AFFAIRS, ARCHAEOLOGY & MUSEUMS DEPARTMENT]

1. Tourism.

2. Sports.

2[…]

4. Archaeology.

a. Excavation.

b. Exploration/Survey.

c. Conservation, restoration and rehabilitation.

5. Museums.

3[5(A). Culture]

6. Youth Affairs.

7. Service matters except those entrusted to Establishment and Administration Department

4[5[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.

1 Substituted vide Notification No. SO(O&M)E&AD/2-23/2007/Vol-II, dated. 23-08-2016.

2 Deleted by No. SO(O&M)E&AD/2-23/2007-Vol-II Dated: 1st July, 2011.

3 Inserted vide Khyber Pakhtunkhwa Notification No. SO(O&M)/E&AD/2-23/2007/VoI-II, dated 30-03-2015

4 Inserted by Notification No. SO(O&M)S&GAD/3-15/2002, dated 29-10-2001.

5 Subs. by Notification No. SO(O&M)E&ADS/2-17/2002, 5th June, 2008. For the words “Schools and Literacy department”

53

5. Administration of Compulsory Primary Education Act-1996.

6. Boys Scouts and Girls Guide Associations in 1[Khyber Pakhtunkhwa].

7. Service matters except those entrusted to Establishment and Administration Department and District government.

2[8. Curriculum.

9. Syllabus.

10. Planning.

11. Policy.]

3SCIENCE & TECHNOLOGY & INFORMTION

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.

1 Subs. Vide the Khyber Pakhtunkhwa Act No. IV of 2011

2 Added by No. SO(O&M)E&AD/2-17/2006-Vol-I Dated: 23rd June, 2011.

3 Inserted by Notification No. SO(O&M)S&GAD/2-24/2005, dated 4-5-2006.

54

(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.

1[Transport Department 1. Administration of Motor Vehicle Ordinance, 1965 and Rules framed thereunder. 2. Administration of Directorate of Transport 2Khyber Pakhtunkhwa, Provincial Transport Authority, District Regional Transport Authorities & 3Khyber Pakhtunkhwa Road Transport Board. 3. Inspection and checking of the documents of Motor Vehicles. 4. Inspection & Certification of road worthy vehicles. 5. Service matter 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. Directorate of Transport 4Khyber Pakhtunkhwa, Provincial Transport Authority, District Regional Transport Authorities & 5Khyber Pakhtunkhwa Road Transport Board. 11. Coordination with other Government Departments Agencies both in public and private sectors. 12. Monitoring and evaluation of Transport related projects.

1 Inserted by Notification No. SO(O&M)E&AD/2-35/2008, dated 18th September , 2008.

2 Subs. Vide the Khyber Pakhtunkhwa Act No. IV of 2011

3 Subs. Vide the Khyber Pakhtunkhwa Act No. IV of 2011

4 Subs. Vide the Khyber Pakhtunkhwa Act No. IV of 2011

5 Subs. Vide the Khyber Pakhtunkhwa Act No. IV of 2011

55

13. Issuance of route permits for stage carriages and contract carriages. 14. 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. 15. Payment of compensation in accident cases of Private Public Sectors and allied matters. 16. Chapter VII and VIII of Motor Vehicles Act, 1939. 17. Policy regarding students concession and Nationalization & Privatization of Road Transport. 18. Maintenance/Management of Public Bus Stands throughout the Province. 19. Classification of routes for public service vehicles. 20. Settlement of terms and conditions for public service vehicles. 21. Settlement of disputes among the District Regional Transport Authorities. 22. Operation of Pak-Afghan Bus Service. 23. Operation of Mass transit system in 1Khyber Pakhtunkhwa. 24. Attract Private investment in Transport Sector.]

2[……]

3ZAKAT, USHR, SOCIAL WELFARE SPECIAL EDUCATION AND WOMEN EMPOWERMENT DEPARTMENT

Zakat and Ushr,- 4[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 and 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.

1 Subs. Vide the Khyber Pakhtunkhwa Act No. IV of 2011.

2 Deleted by Notification No. SO(O&M)E&AD/2-22/2006-Vol-III , dated 24th November , 2009.

3 Substituted by Notification No (O&M)/E&AD/2-2/2002-Vol-II, Dated, the 16th August, 2011

4 Substituted by Notification No SO (O&M)/E&AD/2-2-2002/Vol-II, dated 22nd May, 2015.

56

4. 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/Institutions 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 Shariah. 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 relations to Zakat and Ushr System. 18. Legislation, policy formulation and planning for:- (a) Provincial Zakat Council, District Zakat Committees and Local Zakat Committees; (b) Assessment, collection, disbursement and utilization of Zakat Funds and maintenance of their accounts; (c) Coordination with State Bank of Pakistan, Scheduled Bank and financial institution for collection of Zakat and maintenance of Bank Accounts; (d) Banking procedures, Zakat deductions in refund rules; and (e) Monitoring of cash balance under Provincial Zakat Fund.

19. Supervision of assessment and collection of Ushr in the Province. 20. Guidelines to District Zakat Committee for carrying out the audit of Local Zakat Fund within the district annually or at shorter intervals.

57

21. Placing Accounts and Audit Report of Provincial Zakat Fund and District Zakat Fund before Provincial Assembly. 22. Performance and all other functions required under the Khyber Pakhtunkhwa Zakat and Ushr Act, 2011 and Ushr Committees and Local Zakat and Ushr Committees. 23. Provision of guideline to Provincial Zakat and Ushr Council, District Zakat and Ushr Committees and Local Zakat and Ushr Committees. 24. Arrangement for training of Chairman, Members of District Zakat Committee and officials associated with Zakat work. 25. Mobilization of public opinion about voluntary contribution of Zakat. 26. Supervision and guidance of Local, Tehsil and District Zakat Committees about disbursement and utilization of Ushr. 27. Guidelines of District Zakat Committees about deposit of proceeds of Ushr. 28. Formulation of polices of assessment, collection, disbursement and utilization of Ushr funds and maintenance of their accounts. 29. Matters incidental and ancillary to the above subject. 30. Any other function to be assigned by the Government.]

1[SOCIAL WELFARE 1. Prepare and promote Social Welfare policy, plan of action and its implementation in the Province. 2. Promote public sector facilitation and support for the protection, rehabilitation and look after of the deprived, marginalized and vulnerable individuals, groups and communities in the Province. 3. Sensitize the vulnerable people and marginalized communities to organize themselves by resolving their needs and problems on self help basis. 4. Facilitate community organizations, registration and regulating the affairs of voluntary sector in the Province. 5. Provision of technical and financial support to the civil society, non-profit social welfare organizations in the Province. 6. Initiation and promotion of legislation, standing operating procedures and social action for improvement in the public and private sector support for the people. 7. Strengthening the existing institutional care system and helping the people on need of support directly in their families and communities. 8. Promote evidence based information, planning, development and monitoring services in the Department. 9. Improve livelihood of the poor people through economic empowerment and skills development. 10. Support the affected people in crises both in calamity as Well as in man-made disaster. 11. Regulate the local as well as foreign off budgeted philanthropy in the Province. 12. Coordinate implementation of UN commission on Child Rights and regulate the bodies established thereof. 13. Provide support to poor patients through social services medical centers. 14. Reducing social evils, harmful practices and promoting peace through social mobilization, social or adult education and family facilitation centers.

1 Substituted by Notification No. SO (O&M) E&AD/ 2-2/2002-Vol-II dated 11th February, 2014.

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15. Coordination and promotion of conditional and non-conditional grant for supporting the people affected by natural calamities and man-made disaster. 16. Promote public-private partnership in the areas of community and social welfare services. 17. Extend and enhance coordination amongst Government and non government partners in the area of social welfare services at Provincial, district and local levels. 18. Promote the capabilities of management and service delivery staff both in the public as well as voluntary sectors thorough training and networking. SPECIAL EDUCATION 1. Prepare policy, plan of action and implementation for the welfare, development and protection of persons with disabilities in the Province. 2. Establish and further strengthen the institutions care for the persons with disabilities in area of educations and training, life management and other support. 3. Promote inclusive approach for the persons with disabilities in education, social partnership, training and employment. 4. Ensure assessment and quick support to the persons with disabilities directly or through referral system. 5. Promote rehabilitation and employment of persons with disabilities both in private and public sectors. 6. Promote barriers free mobility environment in the physical infrastructure and transport sector of the society for the persons with disabilities. 7. Promote preventive education for reducing the incident of disabilities in the Province. 8. Coordinate implementation of the UN Commission on the rights of persons with disabilities and regulate the bodies established thereof. WOMEN EMPOWERMENT 1. Ensure the protection of economic, political, civil legal and basic rights of the women given in the Constitution of the Islamic Republic of Pakistan and Sharriah. 2. Promote policy, Legislation, administrative set-up and execution of the women empowerment in the Province. 3. Enhance the role and status of women within family and society through skills and equal economic opportunities in employment. 4. Initiation of protection of services in the public and at community level. 5. Promote partnership and re-structuring in the area of women empowerment in service, research, training and development with Government and other organizations. 6. Reduce and remove the negative values and practices against women through social action and laws. 7. Take measures for reducing gender gaps and violence in the families and at society levels in the Province through social action and awareness campaigns.

8. Coordinate implementation of UN Convention on Elimination of Discrimination against Women (CEDAW) and regulate bodies established thereof.]

59

SCHEDULE-III

[See Rule 17(1)]

TRANSFER OF OFFICERS

1

2

S. No

Outside the Secretariat

1.

Officers of the all Pakistan Unified Group i.e. DMG, PSP Including Provincial Police Officers in BPS-18 and above.

Chief Secretary in Consultation with the Establishment Department and the Department concerned with the approval of the Chief Minister.

2.

Other Officers BPS-17 and above to be posted against scheduled posts, or posts normally held by the APUG, PCS (EG) and PCS (SG)

--do--

3.

Head of Attached Departments and other Officers in BS-19 and above in all Department.

--do--

In the Secretariat:-

4.

Secretaries.

Chief Secretary with the approval of Chief Minister.

5.

Other Officers of and above the rank of Section Officers:-

(a) Within the same Department.

(b) Within the Secretariat from one Department to another.

Secretary of the Department Concerned.

Chief Secretary/Secretary Establishment.

6.

Officials upto the rank of Superintendent:-

(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 of the Department in consultation with Head of Attached Department concerned.

Secretary Establishment.

60

SCHEDULE-IV

[See Rule 34]

LIST OF CASES TO BE SUBMITTED TO THE GOVERNOR FALLING WITHIN HIS DISCRETIONARY POWERS UNDER THE CONSTITUTION

1. Appointment of the Chief Minister.

2. Dismissal of the Cabinet which has lost the confidence of the Provincial Assembly.

3. Dissolution, with the approval of the President, of the Provincial Assembly, when an appeal to the electorate is necessary.

4. All such information relating to the administration of the Province and all such proposals for legislation as the Governor may call for.

5. All cases arising out of direction of the Governor under rule 35.

6. Proposal to sell or change the use of the official residence of the Governor.

7. Appointment of Officers on the Secretariat Staff of the Governor.

8. Appointment of Care-Taker Cabinet

9. Public Service Commission.

(a) its strength;

(b) appointment, removal or resignation of members. including the Chairman;

(c) their terms and conditions of service;

(d) non-acceptance of its advice; and

(e) annual report.

61

SCHEDULE-V

[See Rule 36 (l)(a)]

LIST OF CASES TO BE SUBMITTED TO THE GOVERNOR THROUGH THE CHIEF MINISTER

1. Provincial Ministers:

(a) Their appointment; and

(b) removal and resignation.

2. Determination of salaries, allowances and privileges of Provincial Ministers.

3. Rules of Business - Framing or alteration thereof.

4. Report relating to the accounts of the Province.

5. Reference to the Federal Public Service Commission.

6. Reference to the Council of Islamic Ideology whether a proposed law is or is not repugnant to the Injunctions of Islam.

7. Promulgation of Ordinances and 1[…….] adaptation of existing laws.

8. Mercy petitions in Criminal cases.

9. Summoning and prorogation of Assembly.

10. Rules relating to the custody, etc. of Provincial Consolidated Fund and Public Account.

11. 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.

12. Appeals and review petitions to Governor.

13. Rules of Procedure for Provincial Assembly.

14. Application of laws to and framing of regulations for Provincially Administered Tribal Areas.

15. Advocate-General-Appointment, duties, terms and conditions and resignation from office.

16. Resignation of Speaker.

17. Assent to Bills other than Money Bills.

18. Assent to Money Bills.

19. Dissolution of Provincial Assembly except when an appeal to electorate is necessary.

20. Postings and Transfers of Officers related to the Political Administration of the Agencies and Frontier Regions (FATA).

21. Administration of Advisors and Special Assistants to the Chief Minister.

1 Deleted vide Notification No. SO (O&M) / E&AD/2-1/2011 dated. 23rd January, 2014.

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SCHEDULE-VI

[See Rule 36 (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 Provincial Assembly.

11. Authentication of the Schedule of Authorised 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 1Khyber 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. Determination of terms and conditions of appointment of Advisors and Special Assistants to the Chief Minister.

1 Subs. Vide the Khyber Pakhtunkhwa Act No. IV of 2011

63

SCHEDULE-VII

[See Rule 37 (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 Administrative Departments and Head 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 enquiry appointed by the Governor.

5. Press notes and handouts issued by the Information 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.

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.

1[12. Proposals for legislation.]

1 Added vide Notification No. SO (O&M) / E&AD/2-1/2011 dated. 23rd January, 2014.