Law Department Structure, Functions and Recommendations (39
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Structure, Functions, Achievements, Failures and doable recommendations for improvements. A project awarded in course of Masters in Public Administration at Institute of Administrative Sciences, University of Punjab by Mr. Afzal Khial. Presenter: Muhammad Anees Ahmad Ranjha (Advocate High Court)
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Law Department Structure, Functions and Recommendations (39
- 1. Law & Parliamentary Affairs Department, Punjab A BRIEF OVERVIEW OF STRUCTURE, FUNCTIONS, ACCOMPLISHMENTS AND LETDOWNS WITH POSSIBLE SUGGESTIONS.
- 3. Partakers 1. Anees Ahmad Ranjha (17-MPA-E-31) 2. H. M. Nouman Riaz (17-MPA-E-32) 3. Mazhar Hussain (17-MPA-E-33) 4. Ghazanfar Sialvi (17-MPA-E-34) 5. Zubair Mughal (17-MPA-E-35) 6. Tayyaba Akram (17-MPA-E-36)
- 5. Department A self-contained administrative unit in the Secretariat responsible for the conduct of business of the Government in a distinct and specified sphere, and declared or constituted as such under the Rules of Business e.g. Law & Parliamentary Affairs Department
- 6. Law and Parliamentary Affairs Department, Punjab Administrative department of the Government of Punjab Tenders advice to the Provincial Government Departments Legal, constitutional and legislative matters Conducts litigation in criminal and civil courts on behalf of the state and the Provincial Government.
- 7. Attached Departments Solicitor to Government, Punjab. Administrator General and Official Trustee, Punjab. Chief, Public Defender, Punjab.
- 8. Autonomous Bodies & Companies Punjab Judicial Academy
- 9. Special Institution Provincial Assembly of the Punjab Office of the Advocate General, Punjab
- 10. Structure
- 11. Structure Law Secretary will be the head of the department and performs: General Control May visit any place Communication between Federal and Provincial Governments
- 12. Structure Advocate General will be the whole Time employee of Government Will give advise on all judicial proceedings Will represent the state Will attend the legislative assembly
- 13. Structure Additional Secretaries Additional Advocate Generals Assistant Advocate Generals
- 15. Functions
- 16. Functions Law and Parliamentary Affairs Department shall be consulted by other Departments on the following matters: Substantive Legislation Delegated Legislation, such as Rules, Regulations, Bye-Laws, Agreements and Memoranda of Understanding Conduct of Government litigation
- 17. Functions Advice to Departments on all legal matters including interpretation of laws Questions arising out of any case Before instituting civil proceedings in a court of law in which the Government is involved Whenever civil proceedings are instituted against the Government Pauper Suits
- 18. Functions Obtain orders from the Governor for convening a session of the Provincial Assembly Obtain orders of the Governor for the prorogation of the Assembly Law and Parliamentary Affairs Department may issue Instructions for making and execution of contracts
- 19. Functions Law and Parliamentary Affairs Department is not, in respect of legislation, substantive or delegated, an originating office, and its proper function is to put into correct legal form the proposed legislation
- 20. Functions Codification of substantive laws or legislation 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 by Law and Parliamentary Affairs Department
- 21. Functions Engaging a Private Counsel No Department shall engage a private counsel for representing it in any case before the High Court, Federal Shari’at Court or the Supreme Court of Pakistan, except with the prior permission of the Law & Parliamentary Affairs Department and its approval by the Advocate General
- 22. Achievements
- 24. Achievements Establishment of Law Portal oOnline Repository of Punjab laws oFree Public Access oContent management system oReferences
- 25. Achievements System Features oOnline Access to Principal (substantive) laws oOnline Access to Punjab Gazettes oService Rules oAmending Laws oProposed Bills
- 26. Achievements Control of Commercial Training Institutes The Punjab Sikh Anand Karaj Marriage Act, 2018 Urdu Translation of Laws
- 27. Achievements Efforts in optimizing the economic Factors oMOU’s signed with GPCCI oEnhanced Scope of Legal frameworks oEradication of Harassment with women o Suppression of Child labor, abuse and exploitation
- 29. Failures
- 30. FAILURES No Proper Training is given to newly inducted Judges of the Lower Courts by Punjab Judicial Academy Office of the Public Defender is an invisible Hesitant to provide legal opinions
- 31. FAILURES Failed to remove ambiguities from the pieces of legislation or sub-ordinate legislation Red Tapism Nepotism
- 32. FAILURES State Attorneys are open to bribe No Public Interest Litigation filed by the Department
- 33. FAILURES Proposed The Protection against Harassment of Women at Workplace (Amendment) Bill, 2013 Proposed The Human Organ Transplantation Authority Bill, 2017
- 34. Recommendations
- 35. Recommendations The Judicial Academy should act as a platform of training and learning for the newly inducted judges of the lower courts The Judicial Academy should be more actively involved in training of incumbent judges of the lower courts
- 36. Recommendations The Role of the Department should not be just limited to correcting pieces of proposed legislation and sub- ordinate legislation A realistic timeline should be given to the Department for giving legal advice
- 37. Recommendations The term formal and informal pieces of legislation should be clearly defined so that the department may draw a clear line for its role in legislation
- 38. Recommendations The Punjab Government Rules of Business, 2011 does not provide the involvement of the Department in drafting ordinances. The Department should vet the existing laws at its own and give recommendations to the concerned departments for removal of ambiguities
- 39. Recommendations Officers of the Department should stop taking instructions from the higher authorities and discharge their duties independently The Department should stop working for the pleasure of Chief Minister
- 40. Recommendations A realistic timeline should be given to the Department for giving legal advice Nepotism should be uprooted or the Department will end up as “a department full of smart phones and dumb people”
- 41. THANK YOU
Editor's Notes
- Nature wise this is a secretariat department and Its functions are mainly of advisory nature, it will advise provincial government and all departments of Punjab government on all the related scenarios mentioned above.
- 1-Law Secretary will Head the department except in such matters those have been assigned to the control of the Advocate General, either by statute or by the order of the Governor, The secretary will exercise control over the entire business of the Department, including the expenditure of the Law Officers and the establishment allowed for the office of the Department. 2-The Law Secretary may at any time visit any place for the purpose of supervising the conduct of local agency of the criminal or civil business of the Government or of watching the conduct of any criminal case or any civil suit, appeal, or proceeding on behalf of the Government. 3- If the services of the Law Secretary are required by any Department of the Federal Government, this will be the subject of special arrangement between the Punjab Government and the Department concerned .It must be arranged in each case whether the Law Secretary is only to give advice or is to arrange for the conduct of cases on behalf of the Departments.
- Additional Secretaries will assist the law secretaries in all his assignments and may get extra assignments from law secretary. AAG-The Assistant Advocate General must be enrolled as an Advocate of the Supreme Court of Pakistan and has been an Advocate of HC for a period of not less than 10 years, should furnish a list of at least 30 cases conducted by him in the High Court or the Supreme Court. Assistant AG- He has for a period of not less than 7 years been an Advocate of the High Court, The candidate for this post should furnish a list of at least 20 cases conducted by him in the High Court or the Supreme Court. They may resign at any time from the government service. An Additional Advocate General or an Assistant Advocate General shall perform such functions and duties as may be assigned to him, and in the performance of such functions and duties, he shall be subject to the general supervision and control of the Advocate General and the Government. In matters not provided for in the Law Department Manual (1938) an Additional Advocate General or an Asst. Advocate General shall be governed by such terms and conditions as may from time to time be determined by the Government.
- 1-Legal Advisors will under the supervision and administrative control of the (Govt. (L & P .A. Department), advise the respective statutory bodies/autonomous bodies/corporate bodies under the control of the Punjab Govt.) for which they are appointed and shall initially be appointed for two years. 2-Local Agency to be employed in other Courts. In regard to all Government cases work not specifically assigned to Law Officers by the above rules, Local agency will ordinarily be employed. The Local agency consists of;- a. Special Public Prosecutors b. Special Government Pleaders c. Departmental Officers specially empowered to represent the Government in civil and criminal cases under the orders of the Punjab Government or the Federal Government. D. Private Legal practitioners specially engaged for the case
- Appointment, removal of Advocate General, Additional Advocate General, Assistant Advocate General, Government Law Officers, Special Counsel and Legal Advisors For Local Government, Statutory Bodies, Autonomous Or Semi-Autonomous Institutions.
- 3-Matters relating to provincial legislature including salaries allowances and privileges of the Speaker and Members of the Provincial Assembly. 4- Scrutiny and drafting of Bills, Ordinances, notifications, regulations, statutory orders and bye-laws.
- 3-Matters relating to provincial legislature including salaries allowances and privileges of the Speaker and Members of the Provincial Assembly. 4- Scrutiny and drafting of Bills, Ordinances, notifications, regulations, statutory orders and bye-laws.
- 3-Matters relating to provincial legislature including salaries allowances and privileges of the Speaker and Members of the Provincial Assembly. 4- Scrutiny and drafting of Bills, Ordinances, notifications, regulations, statutory orders and bye-laws.
- 3-Matters relating to provincial legislature including salaries allowances and privileges of the Speaker and Members of the Provincial Assembly. 4- Scrutiny and drafting of Bills, Ordinances, notifications, regulations, statutory orders and bye-laws.
- 3-Matters relating to provincial legislature including salaries allowances and privileges of the Speaker and Members of the Provincial Assembly. 4- Scrutiny and drafting of Bills, Ordinances, notifications, regulations, statutory orders and bye-laws.
- The Law Portal, an initiative of the Punjab Law and Parliamentary Affairs Department, enables the citizens to easily search an online repository of Punjab Laws for the purpose of monitoring and viewing the laws that have been implemented pertaining to all Government departments of Punjab. The major beneficiary of this portal, providing global access to the Punjab Laws including both Substantive and Subordinate legislations, is the general public. However, it serves as a reference repository for the lawyers, judges, public servants, students, researchers, and others, to refer to a law (primary and delegated) in detail whenever required. For providing free access to the Punjab laws, a stable and credible computerized content management system has been deployed.
- All formatted laws (according to a standard template) have been uploaded and can be viewed Department wise, Alphabetically, Categorically or Chronologically. More than 500 Laws of approximately 7000 pages have been uploaded from 1860 to date. Online Access to Punjab Gazettes- Punjab gazettes from 1947 to date are being uploaded through an online workflow management system. Service Rules-Provision of department wise Service Rules has also been provided for the facilitation of end user. Service rules of the departments are being uploaded available as and when received from the departments Proposed bills- To enable the public to contribute towards formulation of legislation so that they can provide their feedback, provision of uploading ‘Proposed bills’ has also been provided. Others- Constitution of Pakistan, Rules of Business and Punjab Assembly procedural rules have been uploaded to serve the public
- Law Secretary has signed a MOU for strengthening the legal framework. The MOU aims for joint collaboration between German Pakistan Chamber of Commerce and Industry (GPCCI) and the Law Department of Punjab to form a base to enhance awareness amongst the people in general and the less privileged groups in Punjab. Projects related to promoting small domestic enterprises leading towards elimination of child labor, capacity building of women in public and private sector and mainstreaming initiatives to include minorities and ethnic groups below poverty line are the main highlights of this MOU. Training sessions are planned to educate groups, enabling them to learn from mutual best practices. It is also envisaged to enhance awareness amongst the people by holding seminars and workshops with regard to legal framework including rights and duties of laws, rules and regulations.
- Law Secretary has signed a MOU for strengthening the legal framework. The MOU aims for joint collaboration between German Pakistan Chamber of Commerce and Industry (GPCCI) and the Law Department of Punjab to form a base to enhance awareness amongst the people in general and the less privileged groups in Punjab. Projects related to promoting small domestic enterprises leading towards elimination of child labor, capacity building of women in public and private sector and mainstreaming initiatives to include minorities and ethnic groups below poverty line are the main highlights of this MOU. Training sessions are planned to educate groups, enabling them to learn from mutual best practices. It is also envisaged to enhance awareness amongst the people by holding seminars and workshops with regard to legal framework including rights and duties of laws, rules and regulations.