1
1
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.
2
Rule making hierarchy
Constitutional Provisions
(Constitutional Law)
Act of parliament (Primary
legislation)
Rules/ Regulations (Subordinate
Legislation)
Policies/ guidelines/ instructions.
3
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.
4
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.
5
6
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.
7
Purpose of Rules of
Business
8
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;
9
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;
10
Structure and Features
of Rules of Business
11
Constitutional Structure
Written
Parliamentary
Federal
Constitutional
Provisions
12
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
13
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)
Comparison of Federal and
Provincial Systems
Federal
 President
 Prime Minister
 Federal Cabinet
 Federal Ministries/
Divisions, attached
departments,
Autonomous and
Semi-Autonomous
bodies.
Provincial
 Governor
 Chief Minister
 Provincial Cabinet
 Departments,
Autonomous and
Semi-Autonomous
bodies.
 District and Tehsils
14
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.
15
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.
16
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.
17
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).
18
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.
19
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.
20
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.
21
22
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
23
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
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
26
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
27
Impact of Rules of
Business on
Performance and
Decision-making
28
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;
29
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
30
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
31
Existing Coordination
Mechanisms at the
Provincial and Federal levels
and their Efforts to Improve
Public Service Delivery
32
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.
33
MECHANISM FOR DISPOSAL OF
GOVERNMENT BUSINESS AND
COORDINATION AMONGST DIFFERENT
PARTS OF FEDERAL GOVERNMENT
 Ministries
 Divisions
 Attached Departments
 Subordinate Offices
 Autonomous
Bodies/Corporations/Authorities
 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.
34
MECHANISM FOR DISPOSAL OF
GOVERNMENT BUSINESS AND
COORDINATION AMONGST DIFFERENT
PARTS OF PUNJAB GOVERNMENT
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
35

Rules of Business.pptx

  • 1.
  • 2.
    SCOPE  Purpose andsalient 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. 2
  • 3.
    Rule making hierarchy ConstitutionalProvisions (Constitutional Law) Act of parliament (Primary legislation) Rules/ Regulations (Subordinate Legislation) Policies/ guidelines/ instructions. 3
  • 4.
    Hierarchy of Rulesof 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. 4
  • 5.
    Cont…  Why isit 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. 5
  • 6.
    6 Constitutional Provisions  Article99(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.
  • 7.
    7 Purpose of Rulesof Business
  • 8.
    8 Purpose of Rulesof 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;
  • 9.
    9 Cont’d…  Procedures forConsultations (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;
  • 10.
  • 11.
  • 12.
    12 PARTS OF THERULES 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
  • 13.
    13 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)
  • 14.
    Comparison of Federaland Provincial Systems Federal  President  Prime Minister  Federal Cabinet  Federal Ministries/ Divisions, attached departments, Autonomous and Semi-Autonomous bodies. Provincial  Governor  Chief Minister  Provincial Cabinet  Departments, Autonomous and Semi-Autonomous bodies.  District and Tehsils 14
  • 15.
    Part A- Generalportion  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. 15
  • 16.
    Part B- Consultationamong 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. 16
  • 17.
    Part C- Referencesto 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. 17
  • 18.
    Part D- CabinetProcedure  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). 18
  • 19.
    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. 19
  • 20.
    Part F- Relationwith 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. 20
  • 21.
    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. 21
  • 22.
    22 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
  • 23.
    23 Cont…  Schedule VALists 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
  • 24.
    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
  • 25.
    Cont…  Schedule 6Tenure posts  Schedule 7 (a) Cases requiring approval of the Chief Minister  Schedule 7 (b) Cases to be submitted to the Chief Minister for information
  • 26.
    26 Main Features ofRules 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
  • 27.
    27 Impact of Rulesof Business on Performance and Decision-making
  • 28.
    28 Impact on Performanceof 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;
  • 29.
    29 Impact on Decision-making Decision-makingis 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
  • 30.
    30 Decision Making Underthe Rules of Business  Policy Decisions PM/ Cabinet  Financial & Cabinet/ Ministries/ Administrative Decisions Divisions  Development Decisions NEC/ECNEC/ ECC  Legislative Decisions Cabinet/ Ministries/ Divisions
  • 31.
    31 Existing Coordination Mechanisms atthe Provincial and Federal levels and their Efforts to Improve Public Service Delivery
  • 32.
    32 Coordination •Horizontal – WithinMinistries/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.
  • 33.
    33 MECHANISM FOR DISPOSALOF GOVERNMENT BUSINESS AND COORDINATION AMONGST DIFFERENT PARTS OF FEDERAL GOVERNMENT  Ministries  Divisions  Attached Departments  Subordinate Offices  Autonomous Bodies/Corporations/Authorities
  • 34.
     Role andstatus of the Chief Secretary as head of the Provincial Secretariat.  Functions and role of different departments.  Functions of the attached departments and other entities. 34 MECHANISM FOR DISPOSAL OF GOVERNMENT BUSINESS AND COORDINATION AMONGST DIFFERENT PARTS OF PUNJAB GOVERNMENT
  • 35.
    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 35