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:
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:
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: