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SCOPE

 Purpose and salient features of Rules of


Business;
 Impact of Rules of Business on Performance and
Decision-making; and
 Existing coordination mechanisms at the
Provincial and Federal levels and their efforts to
improve service delivery.

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Rule making hierarchy
 Constitutional Provisions
(Constitutional Law)
 Act of parliament (Primary
legislation)
 Rules/ Regulations (Subordinate
Legislation)
 Policies/ guidelines/ instructions.
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Hierarchy of Rules of Business-
1973
 Constitutional provisions
 Rules of Business
 The Rules of Business 1973 are framed directly
under Article 99 of the Constitution. No Act of
Parliament exists between Constitution and these
Rule and no policy guidelines or instructions are
issued under these Rules.
 Provincial rules are framed under Article 139.

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Cont…
 Why is it so?

 The Rules of Business, 1973 govern a


constitutional entity which is Political Executive
comprising the Prime Minister of Pakistan and its
Cabinet. These Rules do not have any concern
with the Administrative or Permanent Executive
of the country. Thereby, no Act of Parliament
exists or guides for the framing of Rules of
Business.

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Constitutional Provisions
 Article 99(3)-

The Federal Government shall also make rules for


the allocation and transaction of its business.

 Article 139 (3)-

The Provincial government shall also make rules


for allocation and transaction of its business.

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Purpose of Rules of
Business

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Purpose of Rules of Business
 Allocation of Business to different parts of the
Federal / Provincial Governments;

 Transaction/disposal of the business at


Federal / Provincial Level;

 Organization of Ministries/Divisions and


Attached Departments at Federal Level and
Organization of Departments and Attached
Departments at Provincial Level;

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Cont’d…
 Procedures for Consultations (including
mandatory consultations) amongst different
entities at Federal and Provincial levels;
 Prescription of procedure for disposal of
Federal and Provincial Governments business,
including channels of Communication;
 Designating competent authorities for disposal
of businesses of the Federal and Provincial
Governments;
 References to the Prime Minister and the
President;
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Structure and Features
of Rules of Business

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Constitutional Structure
Written

Constitutional
Provisions

Federal Parliamentary

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PARTS OF THE RULES OF BUSINESS

 Part A General (Rule 1-7)


 Part B Consultation (Rule 8-14A)
 Part C Ref. to the PM & the President
(Rule 15-15A)
 Part D Cabinet Procedure (Rule 16-26)
 Part E Legislation (Rule 27-30)
 Part F Relations with Provinces (Rule 31-47)
 Part G Relations with Provinces (Rule 48-50)
 Part H Emergency Provisions (Rule 51-54)
 Part I Misc. (Rule55-58)
 Schedules
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Rule of Business & Schedules (Punjab)

 PartA General (Rule 1-11)


 PartB Ref to CM & Governor (Rule 12-12A)
 PartC Departmental Procedure
(Rule 13-19)
 PartD Services (Rule 20-21)
 PartE Cabinet Procedure (Rule 22-30)
 PartF Legislation (Rule 31-33)
 PartG Relations with the Assembly
(Rule 34-40)
 PartH Misc Provisions (Rule 41-43)
 Schedules (7)
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Comparison of Federal and
Provincial Systems
Federal Provincial
 President  Governor
 Prime Minister  Chief Minister
 Federal Cabinet  Provincial Cabinet
 Federal Ministries/
 Departments,
Divisions, attached
departments, Autonomous and
Autonomous and Semi-Autonomous
Semi-Autonomous bodies.
bodies.  District and Tehsils
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Part A- General portion
 This part is general portion contains definitions,
distribution of business among divisions,
organization of divisions and responsibilities of
ministers/ Minister in-charge and Federal Secretaries.
 It is stated here that the Federal Secretary shall be
official head and Principal Accounting Officer and
shall be responsible for efficient and proper conduct
of business assigned to his division.
 He would also assist Minister in-charge in
formulation of policy and proposals for legislation to
the Cabinet.
 The Minister is also responsible for conducting the
business of the division in the Parliament.
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Part B- Consultation among divisions
 The procedure of consultation among Divisions is
given in this part and specifically it is mentioned that
which cases require consultation with Cabinet, Law,
Finance and Foreign Affairs Divisions.
 Under Rule 9 of this part: a Secretaries Committee,
headed by Cabinet Secretary is formulated to utilize
experience and collective wisdom of Federal
Secretaries on the matters referred to it by the other
Divisions.
 In Punjab, ROB, Part B contains reference to Governor
or the Chief Minister.

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Part C- References to P.M and
President
 This part lists the cases/ issues requiring approval
of the Prime Minister and the President. And also
lays down detailed procedure for the processing
of such matters/ cases.
 Part C of Punjab Rules of Business contains
details of Departmental procedures.

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Part D- Cabinet Procedure
 This part indicates the nature of cases to be placed
before the Cabinet along with detailed procedure to
do so.
 It also mentions various committees of the cabinet
which are National Economic Council, ECNEC, ECC,
etc.
 It also makes obligatory on the part of the President
to prepare reports on the observance and
implementation of Principles of Policy and assigns
responsibility for laying them before the National
Assembly.
 Part D of Punjab ROB deals with Services (APPT).

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Part E- Legislation
 This part relates to the administrative part of the
legislation business to be performed by
Ministries/ Divisions and lays down procedure for
preparation of official and non-official bills
requiring enactment in the Parliament.
 Part E of Punjab ROB explains the Cabinet
procedure.

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Part F- Relation with Parliament
 This part enumerates the procedure for summing
and prorogation of the parliament by the
President.
 It also mentions that which kind of actions would
be taken by the Divisions on resolutions,
motions, questions and introduction of bills in
the Parliament i.e. National Assembly and the
Senate.
 Part F of Punjab ROB contains details and
procedures for Legislation.

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Parts G; H; and I
 Relations with Provinces
This part gives the procedure regarding directions to the
Governors and conferment of powers and imposition of
duties upon a Province.
Part G of Punjab ROB deals with Assembly procedures.
 Emergency Provisions
This part relates to proclamation of emergency and its
revocation.
Part H of Punjab ROB contains Miscellaneous
provisions.
 Miscellaneous Provisions
Protections and communication of official information,
channels of communication and procedure for
relaxation of Rules of Business is mentioned in this
part.
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SCHEDULES (Federal ROB)
 Schedule I List of Ministries/ Divisions
 Schedule II Distribution of business among
the Division
 Schedule III List of the Attached
Departments Declared as
such by the Federal
Government
 Schedule IV Consists of officers authorized
to make and execute orders
and other instruments in the
name of the President

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Cont…
 Schedule VA Lists the cases to be submitted
to the Prime Minister for his
orders
 Schedule VB Lists the cases requiring orders
of the President on the advice
of the PM
 Schedule VI List the cases to be submitted
to the President for his orders
in his discretion
 Schedule VII Lists the cases and papers to
be submitted to the President
for his information
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Schedules (Punjab ROB)
 Schedule 1 List of Departments
 Schedule 2 Distribution of Business
among departments
 Schedule 3 (a) Cases requiring orders of the
Governor on the advice of the
Chief Minister.
 Schedule 3 (b) Cases to be submitted to
Governor for information
 Schedule 4 Cases relating to
appointments promotions,
postings and transfers requiring
approval of the CM.
 Schedule 5 Authorities competent to make
transfers to and from the Secretariat
Cont…
 Schedule 6 Tenure posts
 Schedule 7 (a) Cases requiring approval of
the Chief Minister
 Schedule 7 (b) Cases to be submitted to the
Chief Minister for information
Main Features of Rules of Business
 Constitutional basis
 Prime Minister (Chief Minister) as Chief
Executive
 Role of Cabinet Secretary (Chief Secretary)
 Hierarchy of Ministries/ Divisions (Departments)
 Cabinet Committees
 Role of Ministries/ Division in legislation and
summoning of the Parliament
 Consultation among Divisions
 Secretaries’ Committee
 Reference to the Prime Minister and President
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Impact of Rules of
Business on
Performance and
Decision-making

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Impact on Performance of the Government
1. Clear allocation of Business – No ambiguity –
Easy disposal of cases / business;

2. Clearly defined Authorities – No ambiguity about


competence regarding disposal of cases –
Relevant cases easily identified and sent to
concerned competent authorities for disposal;

3. Process of Consultation clearly defined – Prompt


consultation with concerned quarters for easy
disposal of cases;

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Impact on Decision-making
Decision-making is made easy because:

1. Clear allocation of subjects/business;


2. Clearly defined channel(s) of communication;
3. Clearly defined process of consultation;
4. Clearly defined competent authorities for
disposal of different cases/business of the
Government;
5. Clearly laid-down procedures for disposal of
Government Business/cases

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Decision Making Under the
Rules of Business
 Policy Decisions PM/ Cabinet

 Financial & Cabinet/ Ministries/


Administrative Decisions Divisions

 Development Decisions NEC/ECNEC/ ECC

 Legislative Decisions Cabinet/ Ministries/


Divisions

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Existing Coordination
Mechanisms at the
Provincial and Federal levels
and their Efforts to Improve
Public Service Delivery

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Coordination

•Horizontal – Within Ministries/Divisions


(different sections) and between Ministries
and Divisions (Within the Federal
Secretariat).

•Vertical – Between Subordinate


Offices/Attached Departments and the
Ministries/Divisions.

• Between Federation and Federating Units.


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MECHANISM FOR DISPOSAL OF
GOVERNMENT BUSINESS AND
COORDINATION AMONGST DIFFERENT
PARTS OF FEDERAL GOVERNMENT

 Ministries
 Divisions
 Attached Departments
 Subordinate Offices
 Autonomous
Bodies/Corporations/Authorities
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MECHANISM FOR DISPOSAL OF
GOVERNMENT BUSINESS AND
COORDINATION AMONGST DIFFERENT
PARTS OF PUNJAB GOVERNMENT

 Role and status of the Chief Secretary as head of


the Provincial Secretariat.
 Functions and role of different departments.
 Functions of the attached departments and other
entities.

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Public Service Delivery
 Public Service Delivery under the Constitution.
 Impact of 18th Amendment
 Ministries of Commerce, Petroleum and Natural
Resources , Water and Power, Railways
Communications, Finance and Food.
 Role of Provinces in Public Service Delivery- Whether
satisfactory or not?
 Governance

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