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THE RULES OF BUSINESS
          1973

   Amended as on 28th July, 2011
PART A -- GENERAL
• Title and commencement.
• Characteristic     features    of    the
  Constitution of the Islamic Republic of
  Pakistan.
• Historical background of the Rules of
  Business.
• Constitutional    basis,    scope   and
  significance of the Rules of Business.
• Definitions of the terms used in the
  Rules of Business.
PART A -- GENERAL


•   Allocation of Business.
•   Organization of Divisions.
•   Transaction of Business.
•   Individual and collective responsibility.
•   Orders and instruments, agreements
    and contracts.
PART B
       CONSULTATION AMONG
            DIVISIONS
•   Inter Division procedure.
•   Secretaries’ Committee.
•   Consultation with the Cabinet Division.
•   Consultation with the Establishment
    Division
•   Consultation with the Finance Division.
•   Consultation with the Foreign Affairs
    Division.
•   Consultation with Law, Justice and
    Parliamentary Affairs Division.
•   Consultation with the Revenue Division.
PART C
  REFERENCE TO THE PRIME
     MINISTER AND THE
        PRESIDENT


• Reference to the Prime Minister.
• Reference to the President.
PART D
      CABINET PROCEDURE

• Cases to be brought to the Cabinet.
• Method of disposal of Cabinet cases.
• Manner of submission of Cabinet Cases.
• Procedure    regarding    circulation  of
  Cabinet cases.
• Procedures regarding Cabinet meetings.
• Procedure regarding Inter Provincial
  Conference.
PART D
     CABINET PROCEDURE
• Procedure regarding National Economic
  Council.
• Procedures regarding Committees of
  Cabinet , Inter-Provincial Conference and
  National Economic Council.
• Action on decisions of the Cabinet , Inter-
  Provincial   Conference     and    National
  Economic Council or their Committees.
• Periodical   Reports    of   Activities  of
  Division.
• Annual Report.
PART E
          LEGISLATION


• Official Bills.
• Non-official Bills.
• Official and non-official amendments to
  bills.
• Ordinances.
PART F
 RELATION WITH MAJLIS-E-
  SHOORA (PARLIAMENT)
• Compliance with Rules of Majlis-e-
  Shoora (Parliament).
• Summoning of Majlis-e-Shoora
  (Parliament) a House or joint sitting by
  the President.
• Prorogation of Majlis-e-Shoora
  (Parliament) a House or joint sitting by
  the President.
PART F
 RELATION WITH MAJLIS-E-
  SHOORA (PARLIAMENT)
• Summoning and prorogation of National
  Assembly by the Speaker.
• Summoning and prorogation of Senate
  by the Chairman.
• Review of official and non-official
  business.
• Provisional forecast of official and non-
  official business.
• Orders of the day.
PART F
    RELATION WITH MAJLIS-E-
     SHOORA (PARLIAMENT)
•   Transmission of Bills etc.
•   Action by Divisions
•   Introduction of Bills etc.
•   Assent to Bills.
•   Reconsideration of Bill by Majlis-e-
    Shoora (Parliament).
PART F
    RELATION WITH MAJLIS-E-
     SHOORA (PARLIAMENT)

•   Resolutions.
•   Motions.
•   Questions.
•   Budget.
•   Committees of Assembly or Senate.
PART G
      RELATIONS WITH
        PROVINCES
• Directions to the Governors.
• Obligations of Provinces and
  Federation.
• Conferment of powers and
  imposition of duties upon a
  Province.
PART H
 EMERGENCY PROVISIONS
• Proclamation of Emergency on account
  of war, internal disturbance etc.
• Failure of constitutional machinery in a
  Province.
• Proclamation in case of financial
  stringency.
• Revocation of Proclamation, etc.
PART I
      MISCELLANEOUS
        PROVISIONS
• Protection of communication of
  official information.
• Channels of communications.
• Relaxation.
• Repeal.
SCHEDULES
Schedule I
• List of Ministries and Divisions.
Schedule II
• Distribution of business among the
  Divisions.
Schedule III
• List of Attached Departments.
Schedule IV
• List of officers authorized to make and
  execute orders and other instruments in the
  name of the President.
SCHEDULES
Schedule V-A
• List of cases to be submitted to the Prime
  Minister for his orders.
Schedule V-B
• List of cases requiring orders of the
  President on the advice of the Prime
  Minister.
Schedule VI
• List of cases to be submitted to the
  President for his orders in his discretion.
Schedule VII
• Cases and papers to be submitted to the
  President for information.
Historical Background
 First time Rules of Business were framed in 1950 under
  Section 17 of Government of India Act, 1935 adopted as
  provisional constitution of Pakistan at the time of
  independence.

 Rules of Business, 1950 were repealed in 1962.

 Rules of Business, 1962 were repealed Rules of
  Business, 1973 were enforced w.e.f. 14th August, 1973.
Constitutional Basis
Article 90 (1) Subject to the Constitution, the
executive authority of the Federation shall be
exercised in the name of the President by the
Federal Government, consisting of the Prime
Minister and the Federal Ministers, which shall
act through the Prime Minister, who shall be the
chief executive of the Federation.
(2) In the performance of his functions under
the Constitution, the Prime Minister may act
either directly or through the Federal Ministers.
Constitutional Basis
Article 99. Conduct of business of Federal
Government: (1) All executive actions of the
Federal Government shall be expressed to be
taken in the name of the President.
(2) The Federal Government shall by rules
specify the manner in which orders and other
instruments made and executed in the name of
the President shall be authenticated, and the
validity of any order or instrument so
authenticated shall not be questioned in any
court on the ground that it was not made or
executed by the President.
(3) The Federal Government shall also make
rules for the allocation and transaction of its
business.
Title And
        Commencement
• These rules may be called the
  "Rules of Business, 1973”; and

• came    into    force   on   the
  fourteenth day of August 1973.
Definitions
Assembly      National Assembly.
Attached      A department which has
Department    direct relation with a
              Division and has been
              declared as such by the
              Federal Government.
Business      All work done by the
              Federal Government.
Cabinet       Consists of Prime Minister
              and the Federal Ministers.
Definitions
case    means a particular matter
        under    consideration       and
        includes all papers relating
        to it and required to enable
        the matter to be disposed of,
        viz.,   correspondence       and
        notes, and also any previous
        paper   on   the   subject    or
        subjects covered by it or
        connected with it;
Definitions
Division    means       a    self-contained
            administrative                 unit
            responsible for the conduct
            of business of the Federal
            Government in a distinct and
            specified        sphere        and
            declared    as   such     by   the
            Federal Government;
Definitions

Federal        means the Divisions or the
Secretariat    Ministries when referred to
               collectively;
Gazette        means the official Gazette of
               Pakistan;
Government     means       the      Federal
               Government;
Definitions
Leader of the means        the     Minster
House         appointed by the Prime
              Minister to regulate official
              business in the Assembly or
              the Senate or the Majlis-e-
              Shoora (Parliament) in joint
Local         sitting as the case may be;
              means the agency through
administration   which     the      President
                 administers    a    territory
                 subject   to    his     direct
                 administrative control;
Definitions
Member      means a member of          the
            Assembly or the Senate;
Minister    means the Federal Minister-in-
            Charge of the Ministry to
            which    a    particular   case
            pertains    and    includes   a
            Minister without portfolio and
Ministry    a Minister Division or group of
            means a of State;
            Divisions constituted as     a
            Ministry;
Definitions
Majlis-e-       means the National Assembly
Shoora          and the Senate;
(Parliament)
Provincial      means the Government of a
Government      Province of Pakistan;
Schedule        means a Schedule to these
                rules;
Definitions
Secretary    means the Secretary General,
             Principal Secretary, Secretary
             or Acting Secretary to the
             Government of Pakistan in
             charge of a Division or a
             Ministry, and where there is
             no Secretary, the Additional
             Secretary or Joint Secretary
             in charge of the Division or
             the Ministry;
Definitions
Section        means a basic working unit in
               a Division as determined by
               the Government
Subordinate    means a Federal Government
Office         office other than a Ministry,
               Division    or   an   Attached
               Department.
               Un-defined words and expressions
               have the same meanings as is in the
               Constitution of Islamic Republic of
               Pakistan.
FRAMEWORK OF THE FEDERAL
      SECRETARIAT
ALLOCATION OF BUSINESS
 ROLE OF PRIME MINISTER
Allocation of Business
 The Federal Secretariat shall comprise
  the Ministries and Divisions shown in
  Schedule I.
 The Prime Minister may, whenever
  necessary, constitute a new Ministry
  consisting of one or more Divisions.
 The business of government shall be
  distributed among the Divisions in the
  manner indicated in Schedule II.
Allocation of Business
 Distribution  of  business   or the
  constitution of the Division may be
  modified from time to time by the
  Prime Minister.

 The Prime Minister shall allocate
  amongst his Ministers the business of
  Government by assigning the several
  Divisions specified in Schedule I to the
  charge of a Minister:
Allocation of Business

 A Division or a Ministry not so
  assigned shall be in the charge of the
  Prime Minister.

 More than one Division       may   be
  assigned to a Minister.
Organization of
             Divisions
                            Ministry


                            Division




          Wing                Wing               Wing


Section          Section               Section          Section



                  Section              Section
Organization of Divisions

 The Secretary shall be the official
  head of the Division responsible for:
• efficient administration and discipline.

• proper conduct of business assigned
  to the Division.

• execution of sanctioned policy.
Organization of Divisions
 The Attached Departments as allocated to
  the various Divisions are shown in
  Schedule III.
 The business of Government, other than
  the business done in the Federal
  Secretariat or the Attached Departments,
  shall be conducted through such agencies
  and offices as the Prime Minister may
  determine from time to time.
 There may be a Special Assistant or
  Special Assistants to the Prime Minister
  with such status and functions as
  may be determined by the Prime
  Minister .
Transaction of business
   All policy decisions shall be taken with the prior
    approval of the Prime Minister.

   The Minister shall assist the Prime Minister in
    the formulation of policy.

   The Minister shall keep the Prime Minister
    informed of any important case disposed of by
    him without reference to the Prime Minister.

   No decisions of policy taken by the Prime
    Minister shall be varied, reversed or
    infringed without consulting him.

   The Minister shall be responsible for
    policy concerning his Division .
Transaction of
              business
   The Secretary, Additional Secretary or
    Joint Secretary may have an official
    meeting with the Minister.
   If   an  Additional   Secretary  or   Joint
    Secretary holds an oral discussion with
    the Minister, points of discussion shall be
    communicated to the Secretary at the
    first possible opportunity.
   The Head of an Attached Department
    may see a Minister under intimation to the
    Secretary so that he can be present if he
    so desires.
   The   business    of  the  Division  shall
    ordinarily be disposed of by, or under the
    authority of the Minister.
Transaction of business
       Duties of a Secretary
    •     assistance to the Minister in policy issues;
    •     execution of the sanctioned policy;
    •     submission of legislation proposals to the Cabinet
          duly approved by the Minister;
    •     keep informed the Minister about working of the
          Division and of any important case disposed of
          without reference to him;
    •     being principal accounting officer of Division, its
          Attached Departments and Subordinate Offices,
          ensure expenditure in accordance with the rules;
    •     Issue standing orders with the approval of the
          Minister concerned; and
    •     careful observance of the rules of business.
Transaction of
                  business
 Difference of Opinion
• the Minister may accept or over rule the proposal
  submitted by the Secretary.
• the Secretary will normally defer and implement the
  decision.
• if decision of the Minister is manifestly wrong and will
  cause gross injustice or undue hardship, may be again
  submitted for reconsideration.
•    if the Minister still adheres to his earlier decision and the
    matter is important enough, the Secretary shall request
    the Minister to refer the case to the Prime Minister.
• If the case is not referred to the Prime Minister, the
  Secretary shall submit it directly to the Prime Minister
  with observations of the Minister-in-Charge.
Transaction of
   The
                  business responsible
          Minister-in-Charge shall be          for
    conducting the business of the Division in the
    Parliament.
Confirmation of verbal orders
   verbal orders given by a functionary of the Government
    should as a matter of routine be reduced to writing and
    before initiating action submitted to the issuing
    authority for confirmation.
    in an exigency where action is required to be taken
    immediately or it is not possible to obtain written
    confirmation of the orders before initiating action, the
    functionary to whom the verbal orders are given shall
    take the action required and at the first available
    opportunity obtain the requisite confirmation as a
    report of the action taken by him.
Transaction of
             business
   Cases for interpretation of rules of business shall be
    referred to the Cabinet Division.
   Instructions ancillary to these rules shall, whenever
    considered desirable, be issued by the Cabinet
    Division.
   Special or general orders required to be framed by the
    Divisions in terms of these rules may be issued by
    them after consulting the Cabinet Division.
   If any order passed happens to contravene a law, rule
    or policy, it shall be the duty of the next below officer to
    point out this to the authority passing the order.
   Detailed instructions for the manner of disposal of
    business in the Federal Secretariat shall be issued by
    the Establishment Division.
Individual And Collective Responsibility

  Decision of the Cabinet or a Minister

Primary   Responsibility -      Minister
                             concerned

Collective Responsibility-   Cabinet
Orders And Instruments,
        Agreements And Contracts

 All executive actions of Government shall be
  expressed to be taken in the name of the President.

 The officers listed in Schedule IV may authenticate
  by signature all orders and other instruments made
  and executed in the name of the President.

 An officer may be so authorized for a particular
  occasion by order of the Prime Minister.
Orders And Instruments,
       Agreements And Contracts
 Instructions regarding the manner of authentication
  of orders and instruments in at international
  conferences and of international agreements and
  treaties, shall be issued by the Foreign Affairs
  Division.

 Instructions for the making of contracts on behalf of
  the President and the execution of such contracts
  and all assurances of property, shall be issued by
  the Law, Justice and Parliamentary Affairs Division.
PART - B
         Consultation Among Divisions
Inter-Division procedure.
 No orders shall issue, nor shall the case be
  submitted to the Cabinet or the Prime Minister, until
  it has been considered by all the Divisions
  concerned, and their views obtained. Such
  consultation shall take place as early as may be
  practicable:

 In cases of urgency and with the approval of the
  Prime Minster, this requirement may be dispensed
  with, but the case shall at the earliest opportunity
  thereafter be brought to the notice of the other
  Divisions concerned.
Inter-Division procedure

   The Division should normally furnish its views to the
    referring Division within a fortnight of the receipt of
    reference. If more time is required because of the
    complicated nature of the case, the referring Division
    should invariably be informed of the position by the
    end of a fortnight indicating, simultaneously, the time
    by which the reply would be sent.

   In the event of a difference of opinion between the
    Divisions concerned, the Minister primarily concerned
    shall try to resolve the difference in consultation with
    the other Ministers concerned. If no agreement is
    reached and the Minster primarily concerned desires to
    press the case, the case shall be submitted to the Prime
    Minister or, if the Prime Minister so desires, to the
    Cabinet:
Inter-Division procedure
 In a matter of urgency the Minster primarily
  concerned may submit the case to the Prime
  Minister at any stage.

 Where the Prime Minister is the Minister-in-Charge,
  the final views of other Divisions concerned shall be
  obtained before the case is submitted to the Prime
  Minister.

 While referring the case for consultation, all relevant
  facts and the points necessitating the reference
  shall be clearly brought out. The reference and reply
  should be complete in all respect to eliminate
  avoidable back references on the same issue (s).
Inter-Division procedure
 Even where consultation is not required, a Division
  may, for purposes of information, pass copies of a
  communication received by it, or show a case, to
  such other Division.
 Copies of classified documents shall be made and
  distributed only in     accordance with      the
  instructions issued by the Cabinet Division.
 Copies of cypher telegrams received or despatched
  by the Pakistan Crypto Centre shall be distributed in
  accordance with the standing orders issued by the
  Foreign Affairs Division in consultation with the
  Defence Division and the Cabinet Division.
 A Minister may ask to see a case of another Division
  if it is required for the disposal of a case in his
  Division.
Inter-Division procedure
 The Minister for Finance may ask to see a case of
  any Division in which a financial consideration is
  involved.

 In case of non provision of requisite file, the position
  shall be explained to the Minister or should be
  brought to the notice of the Prime Minister.

 The Prime Minister may call for a case from any
  Division.

 If a Minister desires any further action to be taken on
  the case of another Division, he shall take up the
  matter with the Minister of that Division.
Inter-Division procedure
            Secretaries’ Committee
Chairman              Secretary Cabinet
Membership            Federal Secretaries of
                      Ministries/Divisions
Purpose               To consult the experience and
                      collective wisdom of the senior
                      officers
Agenda referring      Prime Minister;
authorities           Minister; and
                      Divisions
Schedule of meeting   Once in a month unless there are
                      no items for discussion
Inter-Division procedure
             Secretaries’ Committee
Manner and method of   Instructions to be issued by the
disposal of cases      Cabinet Division
Re-consultation        Not required, if Secretary of the
                       Division agreed to the proposal in
                       the meeting.
Sub-                   To be constituted by the
Committees/Working     Secretaries’ Committee, if so
Groups                 required.
Consultation on        Not required, if officer of or above
recommendations /      the rank of Joint Secretary of the
decision of the sub-   Division agreed to the proposal in
committee/working      the meeting.
group
Inter-Division procedure
Consultation with the Cabinet Division
 the interpretation of these rules;

 a change in the allocation of business between
  the various Divisions of a Ministry;
 the strength, terms and conditions of service of
  the personal staff of Ministers, Ministers of
  State, Special Assistants to the Prime Minister
  and other dignitaries who enjoy the rank and
  status of a Minister or Minister of State; and
Inter-Division procedure
    Consultation with the Cabinet Division
    Proposals regarding any directions by the
     President to the Governor of a Province under
     clause (1) of Article 145 shall be submitted to
     the President by the Division concerned but a
     copy of the Presidential directive will be
     supplied to the Cabinet Division.
    The Divisions concerned shall obtain the
     clearance of the Cabinet Division to the
     proposals for sending of the delegations which
     are not in conformity with the procedure laid
     down by that Division regarding categorization
     of international conferences.
Inter-Division procedure
Consultation with the Establishment Division
  Appointment to a post in BS-20 and above and
   equivalent whether by initial appointment or
   promotion or transfer.

  a change in the terms and conditions of service
   of Federal civil servants;

  a change in the statutory rights and privileges
   of any Federal Government servant;

  expenditure proposals relating to the Finance
   Division under rule 12 (1) (b), (2) and (3);
Inter-Division procedure
Consultation with the Establishment Division

  the interpretation of rules and orders made by
   the Establishment Division; and

  rules for recruitment to any post or service,
   including the question of removing a post or
   service from the purview of the Federal Public
   Service Commission for the purposes of
   recruitment.
Inter-Division procedure
Consultation with the Finance Division
 relinquishment, remission or assignment of
  revenue, actual or potential, or grant of a
  guarantee against it;
 expenditure for which no provision exists in the
  budget or for which no sanction exists;
 floatation of loan;
 re-appropriation within budget grant;
 alteration in the method of compilation of
  accounts, or of the budget estimates;
 receipt or expenditure of foreign exchange unless
  already allocated.
Inter-Division procedure
 Consultation with the Finance Division
 a change in the terms and conditions of service of
  Government servants, on their statutory rights and
  privileges, which have financial implications;
 interpretation of rules made by the Finance
  Division; and
 proposal to which the previous concurrence of the
  Finance Division is required. Formal orders shall
  not issue until the Finance Division has given its
  scrutiny to the details of the proposal.
 Except to the extent that power may have been
  delegated to the Divisions, every order conveying a
  sanction shall be communicated to the audit
  authorities through the Finance Division
Inter-Division procedure
 Consultation with the Foreign Affairs Division


 Foreign policy of Pakistan; and

 Conduct of its foreign relations.
Inter-Division procedure
   Consultation with the Law, Justice &
     Parliamentary Affairs Division
 on all legal questions arising out of any case;
 on the interpretation of any law;
 before the issue of or authorization of the issue
  of an order, rule, regulation, by-law, notification,
  etc. in exercise of statutory powers;
 before instituting criminal or civil proceedings
  in a court of law in which the Government is
  involved;
 whenever criminal or civil proceedings are
  instituted against the Government at the earliest
  possible stage; and
Inter-Division procedure
     Consultation with the Law, Justice &
       Parliamentary Affairs Division

 before the appointment of a legal adviser in
  any Division or any office or corporation
  under its administrative control and the Law,
  Justice and Parliamentary Affairs Division
  will make its recommendations after
  consultation with the Attorney General.
 No Division shall consult, the Attorney
  General except     through the Law, Justice
  and Parliamentary Affairs Division and in
  accordance with the procedure laid down by
  that Division.
Inter-Division procedure
      Consultation with the Law, Justice &
        Parliamentary Affairs Division

 If there is disagreement between the views of the
  Attorney General and the Law, Justice and
  Parliamentary Affairs Division, the case shall be
  submitted to the Minister for Law, Justice and
  Parliamentary Affairs for opinion. If the Minister
  disagrees with the Attorney General, the case shall
  be referred to the Prime Minister for orders who may
  refer the matter to the Cabinet if he so desires.

 For any proposed legislation the Law, Justice and
  Parliamentary Affairs Division shall be consulted in
  accordance with rules 27 to 30.
Inter-Division procedure
      Consultation with the Law, Justice &
        Parliamentary Affairs Division

 Bills or Ordinances received from the Provincial
  Governments or Governors requiring assent or
  instructions of the President shall be examined in
  the Division concerned and shall be submitted to
  the President through the Law, Justice and
  Parliamentary Affairs Division.
Inter-Division procedure
Consultation with the Revenue Division


   collection of revenue from federal taxes;
    levy of taxes;
   Duties; and
   cesses or fees.
PART - C
REFERENCES TO THE PRIME MINISTER

        AND THE PRESIDENT
 Reference to the Prime Minister
  cases involving important policy or departure
   from important policy;
  cases involving directions to a Governor and to
   a Provincial Government;
  cases where it is proposed that the Federal
   Government undertake the implementation of an
   international agreement relating to a subject in
   the provincial field;
  cases of Awards--Decorations in recognition of
   gallantry and academic distinction;
Reference to the Prime Minister
 cases relating to petitions addressed to the
  Prime Minister which are neither withheld nor
  accepted;
 mercy petitions against sentences of death
  passed by Courts requiring the exercise of
  President's prerogative of pardon;
 cases enumerated in Schedule V-A; and

 cases involving sanction for the prosecution of
  the holder of a post referred to in Schedule V-A.
Reference to the Prime Minister
Manners for submission of Cases to the P.M.
 a self-contained, concise and objective summary.
 the summary should contain relevant facts and the
 points for decision.
 only one copy will be required which may not be
  printed.
 The  summary     shall    include    the   specific
  recommendations of the Minister-in-Charge.
 It shall be accompanied by a draft communication,
  wherever appropriate.
Reference to the Prime Minister

Confirmation of oral orders of the P.M.

 In case Prime Minister's orders are obtained in oral
  discussion by any dignitary or an officer, a written
  note containing a brief record of the discussion and
  the orders of the Prime Minister shall be submitted
  to the Prime Minister's Secretariat (Public) for the
  information of the of the Prime Minister.
Reference to the Prime Minister
 Obligations of the Prime Minister with reference to
 the President:
 The Prime Minister shall:
   communicate to the President all decisions of the
    Cabinet relating to the administration of the affairs of
    the Federation and proposals for legislation;
   furnish   such     information    relating    to     the
    administration of the affairs of the Federation and
    proposals for legislation as the President may call
    for; and
   if the President so requires, submit for the
    consideration of the Cabinet any matter on which a
    decision has been taken by the Prime Minister or a
    Minister but which has not been considered by the
    Cabinet.
Reference to the President
Manners for submission of a       As discussed in case of Prime Minister
Summary
Title of Summary on advice of     “Summary for the Prime Minister”
P.M (Schedule V-B)
Title of the Summary, if case     “Summary for the President”
relates to discretionary powers
of the President (Schedule VI).

Channel of Submission             Through Prime Minister. In cases
                                  mentioned in Schedule VI, the President,
                                  if so desired, convey himself orders for
                                  compliance.

Other issues/papers to be         Cases enlisted in Schedule VII shall be
submitted to the President.       submitted to the President for
                                  information
PART – D
          CABINET PROCEDURE

Cases to be brought before Cabinet
a) proposals for legislation, official or non-
   official, including money bills;
b) promulgation and revocation of Ordinances;
c) the budgetary position and proposals before
   the presentation of the Annual Budget
   Statement and a Supplementary Budget
   Statement or an Excess Budget Statement
   under Articles 80 and 84;
PART – D
        CABINET PROCEDURE

Cases to be brought before Cabinet

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Presentation rob

  • 1. THE RULES OF BUSINESS 1973 Amended as on 28th July, 2011
  • 2. PART A -- GENERAL • Title and commencement. • Characteristic features of the Constitution of the Islamic Republic of Pakistan. • Historical background of the Rules of Business. • Constitutional basis, scope and significance of the Rules of Business. • Definitions of the terms used in the Rules of Business.
  • 3. PART A -- GENERAL • Allocation of Business. • Organization of Divisions. • Transaction of Business. • Individual and collective responsibility. • Orders and instruments, agreements and contracts.
  • 4. PART B CONSULTATION AMONG DIVISIONS • Inter Division procedure. • Secretaries’ Committee. • Consultation with the Cabinet Division. • Consultation with the Establishment Division • Consultation with the Finance Division. • Consultation with the Foreign Affairs Division. • Consultation with Law, Justice and Parliamentary Affairs Division. • Consultation with the Revenue Division.
  • 5. PART C REFERENCE TO THE PRIME MINISTER AND THE PRESIDENT • Reference to the Prime Minister. • Reference to the President.
  • 6. PART D CABINET PROCEDURE • Cases to be brought to the Cabinet. • Method of disposal of Cabinet cases. • Manner of submission of Cabinet Cases. • Procedure regarding circulation of Cabinet cases. • Procedures regarding Cabinet meetings. • Procedure regarding Inter Provincial Conference.
  • 7. PART D CABINET PROCEDURE • Procedure regarding National Economic Council. • Procedures regarding Committees of Cabinet , Inter-Provincial Conference and National Economic Council. • Action on decisions of the Cabinet , Inter- Provincial Conference and National Economic Council or their Committees. • Periodical Reports of Activities of Division. • Annual Report.
  • 8. PART E LEGISLATION • Official Bills. • Non-official Bills. • Official and non-official amendments to bills. • Ordinances.
  • 9. PART F RELATION WITH MAJLIS-E- SHOORA (PARLIAMENT) • Compliance with Rules of Majlis-e- Shoora (Parliament). • Summoning of Majlis-e-Shoora (Parliament) a House or joint sitting by the President. • Prorogation of Majlis-e-Shoora (Parliament) a House or joint sitting by the President.
  • 10. PART F RELATION WITH MAJLIS-E- SHOORA (PARLIAMENT) • Summoning and prorogation of National Assembly by the Speaker. • Summoning and prorogation of Senate by the Chairman. • Review of official and non-official business. • Provisional forecast of official and non- official business. • Orders of the day.
  • 11. PART F RELATION WITH MAJLIS-E- SHOORA (PARLIAMENT) • Transmission of Bills etc. • Action by Divisions • Introduction of Bills etc. • Assent to Bills. • Reconsideration of Bill by Majlis-e- Shoora (Parliament).
  • 12. PART F RELATION WITH MAJLIS-E- SHOORA (PARLIAMENT) • Resolutions. • Motions. • Questions. • Budget. • Committees of Assembly or Senate.
  • 13. PART G RELATIONS WITH PROVINCES • Directions to the Governors. • Obligations of Provinces and Federation. • Conferment of powers and imposition of duties upon a Province.
  • 14. PART H EMERGENCY PROVISIONS • Proclamation of Emergency on account of war, internal disturbance etc. • Failure of constitutional machinery in a Province. • Proclamation in case of financial stringency. • Revocation of Proclamation, etc.
  • 15. PART I MISCELLANEOUS PROVISIONS • Protection of communication of official information. • Channels of communications. • Relaxation. • Repeal.
  • 16. SCHEDULES Schedule I • List of Ministries and Divisions. Schedule II • Distribution of business among the Divisions. Schedule III • List of Attached Departments. Schedule IV • List of officers authorized to make and execute orders and other instruments in the name of the President.
  • 17. SCHEDULES Schedule V-A • List of cases to be submitted to the Prime Minister for his orders. Schedule V-B • List of cases requiring orders of the President on the advice of the Prime Minister. Schedule VI • List of cases to be submitted to the President for his orders in his discretion. Schedule VII • Cases and papers to be submitted to the President for information.
  • 18. Historical Background  First time Rules of Business were framed in 1950 under Section 17 of Government of India Act, 1935 adopted as provisional constitution of Pakistan at the time of independence.  Rules of Business, 1950 were repealed in 1962.  Rules of Business, 1962 were repealed Rules of Business, 1973 were enforced w.e.f. 14th August, 1973.
  • 19. Constitutional Basis Article 90 (1) Subject to the Constitution, the executive authority of the Federation shall be exercised in the name of the President by the Federal Government, consisting of the Prime Minister and the Federal Ministers, which shall act through the Prime Minister, who shall be the chief executive of the Federation. (2) In the performance of his functions under the Constitution, the Prime Minister may act either directly or through the Federal Ministers.
  • 20. Constitutional Basis Article 99. Conduct of business of Federal Government: (1) All executive actions of the Federal Government shall be expressed to be taken in the name of the President. (2) The Federal Government shall by rules specify the manner in which orders and other instruments made and executed in the name of the President shall be authenticated, and the validity of any order or instrument so authenticated shall not be questioned in any court on the ground that it was not made or executed by the President. (3) The Federal Government shall also make rules for the allocation and transaction of its business.
  • 21. Title And Commencement • These rules may be called the "Rules of Business, 1973”; and • came into force on the fourteenth day of August 1973.
  • 22. Definitions Assembly National Assembly. Attached A department which has Department direct relation with a Division and has been declared as such by the Federal Government. Business All work done by the Federal Government. Cabinet Consists of Prime Minister and the Federal Ministers.
  • 23. Definitions case means a particular matter under consideration and includes all papers relating to it and required to enable the matter to be disposed of, viz., correspondence and notes, and also any previous paper on the subject or subjects covered by it or connected with it;
  • 24. Definitions Division means a self-contained administrative unit responsible for the conduct of business of the Federal Government in a distinct and specified sphere and declared as such by the Federal Government;
  • 25. Definitions Federal means the Divisions or the Secretariat Ministries when referred to collectively; Gazette means the official Gazette of Pakistan; Government means the Federal Government;
  • 26. Definitions Leader of the means the Minster House appointed by the Prime Minister to regulate official business in the Assembly or the Senate or the Majlis-e- Shoora (Parliament) in joint Local sitting as the case may be; means the agency through administration which the President administers a territory subject to his direct administrative control;
  • 27. Definitions Member means a member of the Assembly or the Senate; Minister means the Federal Minister-in- Charge of the Ministry to which a particular case pertains and includes a Minister without portfolio and Ministry a Minister Division or group of means a of State; Divisions constituted as a Ministry;
  • 28. Definitions Majlis-e- means the National Assembly Shoora and the Senate; (Parliament) Provincial means the Government of a Government Province of Pakistan; Schedule means a Schedule to these rules;
  • 29. Definitions Secretary means the Secretary General, Principal Secretary, Secretary or Acting Secretary to the Government of Pakistan in charge of a Division or a Ministry, and where there is no Secretary, the Additional Secretary or Joint Secretary in charge of the Division or the Ministry;
  • 30. Definitions Section means a basic working unit in a Division as determined by the Government Subordinate means a Federal Government Office office other than a Ministry, Division or an Attached Department. Un-defined words and expressions have the same meanings as is in the Constitution of Islamic Republic of Pakistan.
  • 31. FRAMEWORK OF THE FEDERAL SECRETARIAT
  • 32. ALLOCATION OF BUSINESS ROLE OF PRIME MINISTER
  • 33. Allocation of Business  The Federal Secretariat shall comprise the Ministries and Divisions shown in Schedule I.  The Prime Minister may, whenever necessary, constitute a new Ministry consisting of one or more Divisions.  The business of government shall be distributed among the Divisions in the manner indicated in Schedule II.
  • 34. Allocation of Business  Distribution of business or the constitution of the Division may be modified from time to time by the Prime Minister.  The Prime Minister shall allocate amongst his Ministers the business of Government by assigning the several Divisions specified in Schedule I to the charge of a Minister:
  • 35. Allocation of Business  A Division or a Ministry not so assigned shall be in the charge of the Prime Minister.  More than one Division may be assigned to a Minister.
  • 36. Organization of Divisions Ministry Division Wing Wing Wing Section Section Section Section Section Section
  • 37. Organization of Divisions  The Secretary shall be the official head of the Division responsible for: • efficient administration and discipline. • proper conduct of business assigned to the Division. • execution of sanctioned policy.
  • 38. Organization of Divisions  The Attached Departments as allocated to the various Divisions are shown in Schedule III.  The business of Government, other than the business done in the Federal Secretariat or the Attached Departments, shall be conducted through such agencies and offices as the Prime Minister may determine from time to time.  There may be a Special Assistant or Special Assistants to the Prime Minister with such status and functions as may be determined by the Prime Minister .
  • 39. Transaction of business  All policy decisions shall be taken with the prior approval of the Prime Minister.  The Minister shall assist the Prime Minister in the formulation of policy.  The Minister shall keep the Prime Minister informed of any important case disposed of by him without reference to the Prime Minister.  No decisions of policy taken by the Prime Minister shall be varied, reversed or infringed without consulting him.  The Minister shall be responsible for policy concerning his Division .
  • 40. Transaction of business  The Secretary, Additional Secretary or Joint Secretary may have an official meeting with the Minister.  If an Additional Secretary or Joint Secretary holds an oral discussion with the Minister, points of discussion shall be communicated to the Secretary at the first possible opportunity.  The Head of an Attached Department may see a Minister under intimation to the Secretary so that he can be present if he so desires.  The business of the Division shall ordinarily be disposed of by, or under the authority of the Minister.
  • 41. Transaction of business  Duties of a Secretary • assistance to the Minister in policy issues; • execution of the sanctioned policy; • submission of legislation proposals to the Cabinet duly approved by the Minister; • keep informed the Minister about working of the Division and of any important case disposed of without reference to him; • being principal accounting officer of Division, its Attached Departments and Subordinate Offices, ensure expenditure in accordance with the rules; • Issue standing orders with the approval of the Minister concerned; and • careful observance of the rules of business.
  • 42. Transaction of business  Difference of Opinion • the Minister may accept or over rule the proposal submitted by the Secretary. • the Secretary will normally defer and implement the decision. • if decision of the Minister is manifestly wrong and will cause gross injustice or undue hardship, may be again submitted for reconsideration. • if the Minister still adheres to his earlier decision and the matter is important enough, the Secretary shall request the Minister to refer the case to the Prime Minister. • If the case is not referred to the Prime Minister, the Secretary shall submit it directly to the Prime Minister with observations of the Minister-in-Charge.
  • 43. Transaction of  The business responsible Minister-in-Charge shall be for conducting the business of the Division in the Parliament. Confirmation of verbal orders  verbal orders given by a functionary of the Government should as a matter of routine be reduced to writing and before initiating action submitted to the issuing authority for confirmation.  in an exigency where action is required to be taken immediately or it is not possible to obtain written confirmation of the orders before initiating action, the functionary to whom the verbal orders are given shall take the action required and at the first available opportunity obtain the requisite confirmation as a report of the action taken by him.
  • 44. Transaction of business  Cases for interpretation of rules of business shall be referred to the Cabinet Division.  Instructions ancillary to these rules shall, whenever considered desirable, be issued by the Cabinet Division.  Special or general orders required to be framed by the Divisions in terms of these rules may be issued by them after consulting the Cabinet Division.  If any order passed happens to contravene a law, rule or policy, it shall be the duty of the next below officer to point out this to the authority passing the order.  Detailed instructions for the manner of disposal of business in the Federal Secretariat shall be issued by the Establishment Division.
  • 45. Individual And Collective Responsibility Decision of the Cabinet or a Minister Primary Responsibility - Minister concerned Collective Responsibility- Cabinet
  • 46. Orders And Instruments, Agreements And Contracts  All executive actions of Government shall be expressed to be taken in the name of the President.  The officers listed in Schedule IV may authenticate by signature all orders and other instruments made and executed in the name of the President.  An officer may be so authorized for a particular occasion by order of the Prime Minister.
  • 47. Orders And Instruments, Agreements And Contracts  Instructions regarding the manner of authentication of orders and instruments in at international conferences and of international agreements and treaties, shall be issued by the Foreign Affairs Division.  Instructions for the making of contracts on behalf of the President and the execution of such contracts and all assurances of property, shall be issued by the Law, Justice and Parliamentary Affairs Division.
  • 48. PART - B Consultation Among Divisions Inter-Division procedure.  No orders shall issue, nor shall the case be submitted to the Cabinet or the Prime Minister, until it has been considered by all the Divisions concerned, and their views obtained. Such consultation shall take place as early as may be practicable:  In cases of urgency and with the approval of the Prime Minster, this requirement may be dispensed with, but the case shall at the earliest opportunity thereafter be brought to the notice of the other Divisions concerned.
  • 49. Inter-Division procedure  The Division should normally furnish its views to the referring Division within a fortnight of the receipt of reference. If more time is required because of the complicated nature of the case, the referring Division should invariably be informed of the position by the end of a fortnight indicating, simultaneously, the time by which the reply would be sent.  In the event of a difference of opinion between the Divisions concerned, the Minister primarily concerned shall try to resolve the difference in consultation with the other Ministers concerned. If no agreement is reached and the Minster primarily concerned desires to press the case, the case shall be submitted to the Prime Minister or, if the Prime Minister so desires, to the Cabinet:
  • 50. Inter-Division procedure  In a matter of urgency the Minster primarily concerned may submit the case to the Prime Minister at any stage.  Where the Prime Minister is the Minister-in-Charge, the final views of other Divisions concerned shall be obtained before the case is submitted to the Prime Minister.  While referring the case for consultation, all relevant facts and the points necessitating the reference shall be clearly brought out. The reference and reply should be complete in all respect to eliminate avoidable back references on the same issue (s).
  • 51. Inter-Division procedure  Even where consultation is not required, a Division may, for purposes of information, pass copies of a communication received by it, or show a case, to such other Division.  Copies of classified documents shall be made and distributed only in accordance with the instructions issued by the Cabinet Division.  Copies of cypher telegrams received or despatched by the Pakistan Crypto Centre shall be distributed in accordance with the standing orders issued by the Foreign Affairs Division in consultation with the Defence Division and the Cabinet Division.  A Minister may ask to see a case of another Division if it is required for the disposal of a case in his Division.
  • 52. Inter-Division procedure  The Minister for Finance may ask to see a case of any Division in which a financial consideration is involved.  In case of non provision of requisite file, the position shall be explained to the Minister or should be brought to the notice of the Prime Minister.  The Prime Minister may call for a case from any Division.  If a Minister desires any further action to be taken on the case of another Division, he shall take up the matter with the Minister of that Division.
  • 53. Inter-Division procedure Secretaries’ Committee Chairman Secretary Cabinet Membership Federal Secretaries of Ministries/Divisions Purpose To consult the experience and collective wisdom of the senior officers Agenda referring Prime Minister; authorities Minister; and Divisions Schedule of meeting Once in a month unless there are no items for discussion
  • 54. Inter-Division procedure Secretaries’ Committee Manner and method of Instructions to be issued by the disposal of cases Cabinet Division Re-consultation Not required, if Secretary of the Division agreed to the proposal in the meeting. Sub- To be constituted by the Committees/Working Secretaries’ Committee, if so Groups required. Consultation on Not required, if officer of or above recommendations / the rank of Joint Secretary of the decision of the sub- Division agreed to the proposal in committee/working the meeting. group
  • 55. Inter-Division procedure Consultation with the Cabinet Division  the interpretation of these rules;  a change in the allocation of business between the various Divisions of a Ministry;  the strength, terms and conditions of service of the personal staff of Ministers, Ministers of State, Special Assistants to the Prime Minister and other dignitaries who enjoy the rank and status of a Minister or Minister of State; and
  • 56. Inter-Division procedure Consultation with the Cabinet Division  Proposals regarding any directions by the President to the Governor of a Province under clause (1) of Article 145 shall be submitted to the President by the Division concerned but a copy of the Presidential directive will be supplied to the Cabinet Division.  The Divisions concerned shall obtain the clearance of the Cabinet Division to the proposals for sending of the delegations which are not in conformity with the procedure laid down by that Division regarding categorization of international conferences.
  • 57. Inter-Division procedure Consultation with the Establishment Division  Appointment to a post in BS-20 and above and equivalent whether by initial appointment or promotion or transfer.  a change in the terms and conditions of service of Federal civil servants;  a change in the statutory rights and privileges of any Federal Government servant;  expenditure proposals relating to the Finance Division under rule 12 (1) (b), (2) and (3);
  • 58. Inter-Division procedure Consultation with the Establishment Division  the interpretation of rules and orders made by the Establishment Division; and  rules for recruitment to any post or service, including the question of removing a post or service from the purview of the Federal Public Service Commission for the purposes of recruitment.
  • 59. Inter-Division procedure Consultation with the Finance Division  relinquishment, remission or assignment of revenue, actual or potential, or grant of a guarantee against it;  expenditure for which no provision exists in the budget or for which no sanction exists;  floatation of loan;  re-appropriation within budget grant;  alteration in the method of compilation of accounts, or of the budget estimates;  receipt or expenditure of foreign exchange unless already allocated.
  • 60. Inter-Division procedure Consultation with the Finance Division  a change in the terms and conditions of service of Government servants, on their statutory rights and privileges, which have financial implications;  interpretation of rules made by the Finance Division; and  proposal to which the previous concurrence of the Finance Division is required. Formal orders shall not issue until the Finance Division has given its scrutiny to the details of the proposal.  Except to the extent that power may have been delegated to the Divisions, every order conveying a sanction shall be communicated to the audit authorities through the Finance Division
  • 61. Inter-Division procedure Consultation with the Foreign Affairs Division  Foreign policy of Pakistan; and  Conduct of its foreign relations.
  • 62. Inter-Division procedure Consultation with the Law, Justice & Parliamentary Affairs Division  on all legal questions arising out of any case;  on the interpretation of any law;  before the issue of or authorization of the issue of an order, rule, regulation, by-law, notification, etc. in exercise of statutory powers;  before instituting criminal or civil proceedings in a court of law in which the Government is involved;  whenever criminal or civil proceedings are instituted against the Government at the earliest possible stage; and
  • 63. Inter-Division procedure Consultation with the Law, Justice & Parliamentary Affairs Division  before the appointment of a legal adviser in any Division or any office or corporation under its administrative control and the Law, Justice and Parliamentary Affairs Division will make its recommendations after consultation with the Attorney General.  No Division shall consult, the Attorney General except through the Law, Justice and Parliamentary Affairs Division and in accordance with the procedure laid down by that Division.
  • 64. Inter-Division procedure Consultation with the Law, Justice & Parliamentary Affairs Division  If there is disagreement between the views of the Attorney General and the Law, Justice and Parliamentary Affairs Division, the case shall be submitted to the Minister for Law, Justice and Parliamentary Affairs for opinion. If the Minister disagrees with the Attorney General, the case shall be referred to the Prime Minister for orders who may refer the matter to the Cabinet if he so desires.  For any proposed legislation the Law, Justice and Parliamentary Affairs Division shall be consulted in accordance with rules 27 to 30.
  • 65. Inter-Division procedure Consultation with the Law, Justice & Parliamentary Affairs Division  Bills or Ordinances received from the Provincial Governments or Governors requiring assent or instructions of the President shall be examined in the Division concerned and shall be submitted to the President through the Law, Justice and Parliamentary Affairs Division.
  • 66. Inter-Division procedure Consultation with the Revenue Division  collection of revenue from federal taxes;  levy of taxes;  Duties; and  cesses or fees.
  • 67. PART - C REFERENCES TO THE PRIME MINISTER AND THE PRESIDENT Reference to the Prime Minister  cases involving important policy or departure from important policy;  cases involving directions to a Governor and to a Provincial Government;  cases where it is proposed that the Federal Government undertake the implementation of an international agreement relating to a subject in the provincial field;  cases of Awards--Decorations in recognition of gallantry and academic distinction;
  • 68. Reference to the Prime Minister  cases relating to petitions addressed to the Prime Minister which are neither withheld nor accepted;  mercy petitions against sentences of death passed by Courts requiring the exercise of President's prerogative of pardon;  cases enumerated in Schedule V-A; and  cases involving sanction for the prosecution of the holder of a post referred to in Schedule V-A.
  • 69. Reference to the Prime Minister Manners for submission of Cases to the P.M.  a self-contained, concise and objective summary.  the summary should contain relevant facts and the points for decision.  only one copy will be required which may not be printed.  The summary shall include the specific recommendations of the Minister-in-Charge.  It shall be accompanied by a draft communication, wherever appropriate.
  • 70. Reference to the Prime Minister Confirmation of oral orders of the P.M.  In case Prime Minister's orders are obtained in oral discussion by any dignitary or an officer, a written note containing a brief record of the discussion and the orders of the Prime Minister shall be submitted to the Prime Minister's Secretariat (Public) for the information of the of the Prime Minister.
  • 71. Reference to the Prime Minister Obligations of the Prime Minister with reference to the President: The Prime Minister shall:  communicate to the President all decisions of the Cabinet relating to the administration of the affairs of the Federation and proposals for legislation;  furnish such information relating to the administration of the affairs of the Federation and proposals for legislation as the President may call for; and  if the President so requires, submit for the consideration of the Cabinet any matter on which a decision has been taken by the Prime Minister or a Minister but which has not been considered by the Cabinet.
  • 72. Reference to the President Manners for submission of a As discussed in case of Prime Minister Summary Title of Summary on advice of “Summary for the Prime Minister” P.M (Schedule V-B) Title of the Summary, if case “Summary for the President” relates to discretionary powers of the President (Schedule VI). Channel of Submission Through Prime Minister. In cases mentioned in Schedule VI, the President, if so desired, convey himself orders for compliance. Other issues/papers to be Cases enlisted in Schedule VII shall be submitted to the President. submitted to the President for information
  • 73. PART – D CABINET PROCEDURE Cases to be brought before Cabinet a) proposals for legislation, official or non- official, including money bills; b) promulgation and revocation of Ordinances; c) the budgetary position and proposals before the presentation of the Annual Budget Statement and a Supplementary Budget Statement or an Excess Budget Statement under Articles 80 and 84;
  • 74. PART – D CABINET PROCEDURE Cases to be brought before Cabinet