RULES OF
PROCEDURE OF THE COUNCIL OF COMMON INTERESTS, 2010
[Gazette of
Pakistan, Extraordinary, Part II, 2nd August, 2010
S.R.O. 741(I)/2010, dated
19-7-2010.---In exercise of the powers conferred by clause (5) of Article 154
of the Constitution of the Islamic Republic of Pakistan, the Council of Common
Interests is pleased to make the following Rules of Procedure, namely:
1. Short title and commencement.---(1) These rules shall be called the Rules of
Procedure of the Council of Common Interests, 2010.
(2) These rules shall come into force
at once.
2. Definitions.---In these rules, unless there is anything
repugnant to the subject or context,
(a) "Article"
means an Article of the Constitution;
(b) "Chairman"
means the Chairman of the Council of Common Interests;
(c) "Constitution"
means the Constitution of the Islamic Republic of Pakistan;
(d) "Council"
means the Council of Common Interests constituted under Article 153;
(e) "department"
means a department of a Provincial Government;
(f) "Division"
means a self-contained administrative unit of the Federal Government
responsible for the conduct of its business in a distinct and specified sphere
and declared as such by the Federal Government;
(g) "Federal
Government" means the Government of Pakistan;
(h) "Provincial
Government" means the Government of a Province;
(i) "Secretariat"
means the Secretariat of the Council established under rule 3;
(j) "Secretary"
means the Secretary of the Council appointed under rule 3; and
(k) "Schedule"
means a schedule to these rules.
3. Secretariat of the Council.---(1) There shall be a permanent Secretariat of
the Council. The Federal Government, with the approval of the Chairman, shall
appoint Secretary of the Council:
Provided that till such time a separate
Secretariat is established, the Inter Provincial Coordination Division of the
Federal Government shall act as the Secretariat of the Council and till such
time a Secretary of CCI is appointed the Secretary, Inter Provincial
Coordination Division shall act as Secretary of the Council.
(2) The Secretary shall be the
administrative head of the Secretariat of the Council and shall be responsible
for its efficient functioning.
(3) The Secretary shall appoint such
other officers and officials for the Secretariat, as he may think appropriate,
in accordance with the rules prescribed by the Council:
Provided that appointment to the posts
in BS-20 and above shall be made with the approval of the Chairman:
Provided further that representation of
all the Provinces and regions in the service of the Council shall be ensured on
the basis of provincial and regional quotas.
4. Functions of the Council.---The Council shall formulate and regulate polices
in respect of matters given in the Schedule I and shall exercise supervision
and control over related Institutions.
5. Meetings of the Council.-(1) The Chairman may summon the meetings of, the
Council to meet at such time and place as he thinks fit.
(2) The Council shall meet at least
once in ninety days:
Provided that the Chairman may convene
a meeting on the request of a Province on an urgent matter.
(3) The meetings of the Council shall
be attended by its members.
(4) The Chairman may permit any other
Federal Minister, or a Provincial Minister and any official to attend the
meeting of the Council by special invitation.
(5) In a meeting of the Council four
members shall form the quorum; provided that at least two Chief Ministers are
present:
Provided further that a matter relating
to a Province shall not be discussed unless the Chief Minister of that Province
is present in the meeting.
(6) No case shall be discussed nor any
issue be raised in a meeting unless summary relating to it has first been
circulated:
Provided that the Chairman may dispense
with this requirement in exceptional circumstances.
(7) Notice for the meeting shall
ordinarily be issued at least ten working days in advance.
(8) For inclusion in the agenda of a
meeting the summary relating to the case shall reach the Secretary at least
fifteen days in advance of the meeting:
Provided that, if a case is urgent and
is required to be taken up at a short notice, the Secretary of Division or
Chief Secretary of the concerned Province shall obtain approval of the Chairman
for its inclusion in the agenda before it is transmitted to the Secretary.
(9) The Secretary of the Division or
Chief Secretary of the Province concerned shall attend the meeting of the
Council for the purpose of the case relating to his Division or Province.
However, these officers maybe asked to withdraw from the meeting before the
Council starts discussion on the issue.
(10) The decisions of the Council shall
be expressed in terms of the opinion of the majority.
6. Circulation and confirmation of
minutes and decisions.---The
Secretary shall circulate to the members, within seven working days of the
meeting, a copy of the minutes and decisions of the Council for perusal. The
members shall return the aforesaid copy of the minutes and decisions to the
Secretary within fifteen working days of issue. The Secretary shall also supply
to the Secretary of the Division or the Chief Secretary of the Province
concerned for action, a copy of the relevant decision of the Council, and
wherever considered necessary, of the relevant excerpts of the points made
during the discussion.
7. Committees of the Council.---The Council may constitute its standing
committees or special committees laying down their terms of reference and
membership.
8. Procedure regarding Committees of
the Council.---Meetings of a Committee
of the Council shall be convened by the chairperson of the Committee concerned
who shall also preside over such meetings:
Provided that the procedure for the
meetings of the Council shall apply mutatis mutandis for the meetings of the
Committees except that the recommendations of the Committee shall be placed
before the Council.
9. Cases to be submitted to the
Council.--The Council shall
consider the cases mentioned in Schedule-I or those notified by the Federal
Government from time to time in the Gazette of Pakistan.
10. Manner of submission of cases to
the Council.---The manner of
submission of the cases before the Council and preparation of summaries
therefor shall be as given in Schedule-II and Schedule-III to these rules,
respectively or as notified by the Secretariat from time to time.
11. Implementation of decisions of
the Council.---(1) When a case has
been decided by the Council, the Federal Government or the Provincial
Government concerned shall take prompt action to give effect to the decision
unless it conveys its intention to make reference to the Parliament within
fifteen days of its communication.
(2) When the decision of the Council is
received by the Secretary of the Division or the Chief Secretary of the
concerned Province, he shall---
(a) acknowledge
the receipt of the decision in the form provided;
(b) transmit
the decision to his Division or Department for action;
(c) keep a
register with him of the decisions received, for the purpose of ensuring that
prompt and complete action is taken on those decisions; and
(d) coordinate
action with any other Division or a Province, which may be concerned with the
decision.
(3) The Secretary shall monitor the
implementation of decisions and the Secretary of the Division or Chief. Secretary
of a Province concerned shall supply to the Secretary such documents as the
latter may, by general or special request, require, enabling him to complete
his record of the case and to satisfy himself that the decision of the Council
has been fully implemented.
12. Correction of minutes and
decisions of the Council.---If a
Member considers that there has been a mistake or omission in recording the
minutes or decisions of the Council, he shall point it out to the Secretary in
writing within fifteen working days of their issuance. The Secretary shall
obtain orders of the Chairman and circulate the same to Members.
13. Reference against the decisions
of, the Council.---If the Federal
Government or a Provincial Government is not satisfied with a decision of the
Council, it may refer the matter to the Parliament in a joint sitting whose
decision in this behalf shall be final.
14. Repeal.---The Rules of Procedure for the Council of Common
Interests, 1991 are hereby repealed.
SCHEDULE - I
[See rule 4]
CASES TO BE
SUBMITTED TO THE COUNCIL
(1) Railways;
(2) Mineral
oil and natural gas, liquids and substances declared by Federal law to be
dangerously inflammable;
(3) Development
of industries, where development under Federal control is declared by Federal
law to be expedient in the public interest; institutions, establishments,
bodies and corporations administered or managed by the Federal Government
immediately before the commencing day, including Water and Power Development
Authority and Pakistan Industrial Development Corporation and all undertakings,
projects and schemes of such institutions, establishments, bodies and
corporations; industries, projects and undertakings owned wholly or partially
by the Federation or by a corporation set up by the Federation;
(4) Electricity;
(5) Major
ports, that is to say, the declaration and delimitation of such ports, and the
constitution and powers of port authorities therein:
(6) All
regulatory authorities established under a Federal law;
(7) National
planning and national economic coordination including planning and coordination
of scientific and technological research;
(8) Supervision
and management of public debt;
(9) Census;
(10) Extension
of the powers and jurisdiction of members of a police force belonging to any
Province to any area in another Province, but not so as to enable the police of
one Province to exercise powers 'and jurisdiction in another Province without
the consent of the Government of that Province; extension of the powers and
jurisdiction of members of a police force belonging to any Province to railway
areas outside that Province;
(11) Legal,
medical and other professions;
(12) Standards
in institutions for higher education and research, scientific and technical
institutions;
(13) Inter-provincial
matters and co-ordination;
(14) Council
of Common Interests;
(15) Fees
in respect of any of the matters specified in Part-II of the Federal
Legislative List but not including fees taken in any court;
(16) Offences
against laws with respect to any of matters in Part-II of the Federal
Legislative List;
(17) Inquiries
and statistics for the purposes of any of the matters in Part II of the Federal
Legislative List;
(18) Matters
incidental or ancillary to any matter enumerated in Part-II of the Federal
Legislative List;
(19) Complaints
as to interference with water supplies (Article 155);
(20) Implementation
of the directions given by the Parliament for action by the Council under
Article 154(6);
(21) Submission
of Annual Report to both Houses of Parliament (Article 153(4); and
(22) Resolution
of disputes with respect to construction of Hydro electric station in any
Province (Article 157(3).
SCHEDULE - II
[See rule 10]
MANNER OF
SUBMISSION OF CASES TO THE COUNCIL
1. In
respect of all cases to be submitted to the Council, Secretary of the Division
or Chief Secretary of the Province concerned, shall transmit to the Secretary a
concise, lucid and printed Summary, giving the background and relevant facts,
points for decision and recommendations of the Federal Government or Provincial
Government concerned, as the case may be.
2. The
Summary shall be self-contained as far as possible, not exceeding two printed
pages and may include as appendices only such relevant papers as are necessary'
for proper appreciation of the case.
3. Where a
reference is made to a previous decision of the Council, the decision of the
Council shall invariably be reproduced in the Summary or annexed to it.
4. Where a
case concerns more than one Division or the Province, the Summary shall
normally not be submitted to the Council until it has been considered by the
Divisions and/or the Provinces concerned. In case of difference of opinion, the
point of difference should be stated in the Summary.
5. The
Provinces and the Divisions concerned of the Federal Government should furnish
their comments or views on the summaries for the Council circulated for the
purpose, within two weeks. The requirements of prior consultation may be waived
in very exceptional circumstances but the Summary must, in that case, be sent
to others concerned with the request to send their views direct to the
secretariat of the Council by a given date. The secretariat would circulate the
views, if received in time, along with or in continuation of the Summary.
6. It shall
be the duty of the Secretary to satisfy himself that the summary submitted by
the Federal or a Provincial Government is complete and in the prescribed form.
He may return a case until the requirements of these rules, have been complied
with.
SCHEDULE III
[See rule 10]
PREPARATION OF
SUMMARIES AND DOCUMENTS
A Summary for the Council shall include
(a) name of
the sponsoring Division of the Federal Government or Department of the
Provincial Government;
(b) subject
of the case;
(c) name and
designation of the officer submitting the Summary (Secretaries/Additional
Secretaries-in-Charge of Divisions concerned in case of Federal Government and
Chief Secretaries in case of Provincial Government);
(d) place and
date of submission; and
(e) serial
number.
(2) The words "Summary for the
Council of Common Interests" shall invariably appear at a prominent place, above "Subject". It
shall be marked as "Secret"
at the top right corner on first page.
(3) All papers submitted to the Council
shall be marked "SECRET" until discussion on them has taken place in
the meeting. Thereafter, unless the Council has decided otherwise, the
sponsoring Government shall decide the de-classification of these documents
under intimation to the secretariat.
(4) The members shall return to the
Secretary---
(a) the
summaries supplied to them for
decision by discussion in a meeting of the Council or a Committee of the
Council immediately after the discussion has taken place; and
(b) minutes
and decisions circulated by the Secretary immediately after they have perused
them, but not later than fifteen days.
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