Functions

Consultation with Law Department:

Under rule 12 of the Khyber Pakhtunkhwa Government Rules of Business, 1985, the Law Department shall be consulted by the Departments

On all legal questions arising out of any case

On the interpretation of any law;

Before instituting criminal or civil proceedings in a court of law in which Government is involved;

Whenever criminal or civil proceedings are instituted against Government

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

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

1. A statement in the form of series of propositions detailing the provisions required to be made, or preferably, a draft bill
2. Statement giving the objects and reasons for such provisions

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

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

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

The Law Department shall be consulted by the Administrative Departments before the issue of the following:

1. Any order, rules, regulations, notification, or bye-law in the exercise of statutory power
2. Any sanction authorizing a subordinate authority to issue any order, rules, regulations, notification or bye-law under a statutory power.

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

No Department shall consult the Advocate General, except through the Law Department, and in accordance with the procedure laid down by that Department. The Departments should draw up specific points on which the opinion of the Advocate General is desired.

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

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

Business of the Law Department:

1. Besides all above, under Schedule-II of the Khyber Pakhtunkhwa Government Rules of Business, 1985, the following business is allocated to Law Department
2. Conduct of Government Litigation
3. Filing Civil Suits against public servants where Govt. is involved
4. Defending Civil Suits against Govt
5. Advice to Departments, on all legal matters including interpretation of laws, rules and orders having the force of law
6. Government Law Officers, Advocate-General, Government Pleaders, Special Counsels, appointment, transfers, leave, fees, etc
7. Matters relating to legal practitioners including scales of fees
8. Matters relating to approval of appointments of legal advisors and engagement of legal practitioners made by the statutory bodies, payment of their fees and termination of their services
9. Civil law and procedure
10. Scrutiny and drafting of bills, ordinances, notifications, rules, regulations, statutory orders and bye-laws
11. Scrutiny of non-official bills
12. Constitutional legislation
13. Codification of laws and printing of acts, rules and orders. Matters pertaining to Provincial Assembly (i.e., summoning and prorogation)
14. Salaries, Allowances and Privileges of Speaker and Deputy Speaker of the Provincial Assembly
15. Salaries, Allowances and Privileges of Members of the provincial Assembly
16. Human Rights
17. High Court
18. Review of human rights situation in the Province
19. Co-ordination of activities of Government Departments, in respect of human rights
20. Initiatives for harmonization of legislation, regulations and practices with the international human rights covenants and agreements to which Pakistan is a party and monitoring their implementation
21. Obtaining information, documents and reports on complaints and allegations of human rights violations, from Government Departments and other agencies
22. Refer and recommend investigations and inquiries in respect of any incident of violation of human rights
23. Representation of Province in international bodies, organizations and conference relating to human rights in consultation and in conjunction with Foreign Affairs Division
24. Developing and conducting information programmes to foster public awareness of human rights, laws and remedies available against the abuse of human right
25. Formulating programmes of teaching of human rights at educational institutions
26. Provision of facilities for professional and technical training at home and abroad relating to human rights issues
27. Provincial Ombudsman
28. Representation under section 31 of the Khyber Pakhtunkhwa Provincial Ombudsman Act, 2010
29. Arbitration
30. Law of limitation
31. Oath, recognition, public acts
32. Actionable Wrongs (torts)
33. The Suits Valuation Act, 1887
34. The Civil Laws (Reforms) Act, 1994
35. The Public Suits Valuation Act, 1932
36. The Specific Relief Act, 1877
37. The Judicial Officers Protection Act, 1850