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:
- A statement in the form of series of propositions detailing the provisions required to be made, or preferably, a draft bill
- 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:
- Any order, rules, regulations, notification, or bye-law in the exercise of statutory power
- 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:
- Besides all above, under Schedule-II of the Khyber Pakhtunkhwa Government Rules of Business, 1985, the following business is allocated to Law Department
- Conduct of Government Litigation
- Filing Civil Suits against public servants where Govt. is involved
- Defending Civil Suits against Govt
- Advice to Departments, on all legal matters including interpretation of laws, rules and orders having the force of law
- Government Law Officers, Advocate-General, Government Pleaders, Special Counsels, appointment, transfers, leave, fees, etc
- Matters relating to legal practitioners including scales of fees
- 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
- Civil law and procedure
- Scrutiny and drafting of bills, ordinances, notifications, rules, regulations, statutory orders and bye-laws
- Scrutiny of non-official bills
- Constitutional legislation
- Codification of laws and printing of acts, rules and orders. Matters pertaining to Provincial Assembly (i.e., summoning and prorogation)
- Salaries, Allowances and Privileges of Speaker and Deputy Speaker of the Provincial Assembly
- Salaries, Allowances and Privileges of Members of the provincial Assembly
- Human Rights
- High Court
- Review of human rights situation in the Province
- Co-ordination of activities of Government Departments, in respect of human rights
- 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
- Obtaining information, documents and reports on complaints and allegations of human rights violations, from Government Departments and other agencies
- Refer and recommend investigations and inquiries in respect of any incident of violation of human rights
- Representation of Province in international bodies, organizations and conference relating to human rights in consultation and in conjunction with Foreign Affairs Division
- Developing and conducting information programmes to foster public awareness of human rights, laws and remedies available against the abuse of human right
- Formulating programmes of teaching of human rights at educational institutions
- Provision of facilities for professional and technical training at home and abroad relating to human rights issues
- Provincial Ombudsman
- Representation under section 31 of the Khyber Pakhtunkhwa Provincial Ombudsman Act, 2010
- Arbitration
- Law of limitation
- Oath, recognition, public acts
- Actionable Wrongs (torts)
- The Suits Valuation Act, 1887
- The Civil Laws (Reforms) Act, 1994
- The Public Suits Valuation Act, 1932
- The Specific Relief Act, 1877
- The Judicial Officers Protection Act, 1850
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