Public Administration 12

Nature and Context of Public administration in Pakistan

Institute of Administrative SciencesUniversity of the Punjab

What does Government CompriseGovernment (in generic) comprise: Elected Representatives (Politicians:

members of Political Parties) Judiciary Executive (career civil servants).

Principle Executives of Pakistan President

President is the head of state (Article 41) Prime Minister

Chief Executive of the Federation Elected by National Assembly Assisted by council of ministers Responsible to the Parliament

Federal Cabinet & Advisors Civil Servants

Civil Services of Pakistan

Legal Basis The Civil Servants Act, 1973, The Civil Servants Rules, 1973, The Government Servants Rules, 1973

The Federal civil Services divided in two categories Cadre (direct recruitment by competitive examination) Ex-cadre (mostly by promotion)

Federal Public Service Commission(FPSC) Federal Public Service Commission

functioning under article 242 of the constitution autonomy under the Rules of Business, 1973 and FPSC

Regulations Functions

To conduct tests and examination for recruitment of persons to All-Pakistan Services, the Civil service of the Federation and

civil posts in connection with the affairs of the Federation in basic pay scales 16 and above or equivalent,

Posts in basic pay scale 11 to 15 or equivalent in different departments.

To conduct mandatory Promotional Examination

Recruitment In the interest of merit based recruitment, a more autonomous

FPSC has been given responsibility for recruitment for all middle level and high level professionals.

According to the Establishment Division of the Cabinet, In order to curb impromptu and improvised personnel recruitment, the tenure of ad hoc appointments has been limited to a maximum period of six months for which placement of a requisition with the FPSC has been made mandatory by law.

In order to ensure merit, contract appointments are no longer permissible without press advertisements and without the application of the prescribed criteria.

In order to further strengthen the FPSC, it has been empowered to approve or reject an extension in contract appointments beyond two years.

Recruitment

There are four channels of recruitment to Pakistan’s federal bureaucracy

Direct recruitment Through the Central Superior Services (CSS)

Direct induction of military officers Advertisements against listed vacancies in

ministries and departments. Ad hoc recruitment by departments or

ministries for temporary vacancies.

CSS (Competitive Examination) Held by the FPSC every year for induction of

officers in Basic Pay Scale 17 into the Civil services (12 Occupational groups)

The age limit for admission in CSS Examination is 21-28 years.

Recruitment to posts other than 12 Occupational Groups/Services is processed under the General recruitment system.

Occupational Groups

Audit & Accounts Service Commerce & Trade Group Customs & Excise Group District Management Group Foreign Service of Pakistan Inland Revenue Service Information Group Military Land and Cantonment Group Office Management Group Police Service of Pakistan Railways Group Postal Service of Pakistan

Allocation Quota

The allocation of posts to merit and provincial/regional quota is made according to the existing policy of the government as under: Merit 7%, Punjab 50%, Sindh 19%

Urban 7.6%, Rural 11.4%),

NWFP 11.5% Baluchistan 3.5%, NAFATA 4%, AJK 2% Women 10%

ESTACODEThe Civil Establishment Code (ESTACODE), a vast compendium of

laws, operating procedures, and rules and regulations, governs every aspect of the civil service. Of particular importance to civil servants are laws and rules pertaining to:

Terms and conditions of service: Articles 240 and 241 of the constitution and the Civil Servants Act of 1973; appointment/recruitment, seniority and promotions:

Civil Servants (Appointment, Promotion and Transfer) Rules, 1973; Conduct and Discipline: Government Servants (Conduct) Rules,

1964; and Government Servants (Efficiency and Discipline) Rules, 1973;

Postings and transfers: Section 10 of the Civil Servants Act of 1973;

Appeals, petitions and representations: Section 22 of the Civil Servants Act of 1973 and the Civil Servants (Appeal) Rules, 1977.

Promotion & Superanuation

The functions of the commission as stated in the FPSC ordinance, 1977 and notified by the Government of Pakistan are, inter alia, as follows: To devise syllabus and conduct promotional examination for

posts in BS-17 BS-19 of regularly constituted occupational groups/services

To conduct mandatory Promotional Examination for Officers in BS-18 in all occupational group /services before their promotional to posts in BS-19

NIPA (National Institute of Public Administration) course is a promotion pre-requisite course for all officers of federal government in BPS-18 and above

The age of superannuation is 60 Annual Confidential Reports (ACRs)

Training

Common Training Program (CTP) Specialized Training Program (STP) Other trainings Capacity Building Training Programs

Majlis-E-Shura (Parliament)

Parliament consist of two houses Senate (upper house) National Assembly

Both Houses have equal powers but NA has superior position in Financial powers

FEDERAL AND PROVINCIAL SECRETARIATS Secretariats form the nucleus of civil administration

at the centre and provinces Every ministry is divided into one or more

administrative divisions Each administrative division in the centre and in the

provinces consists of a central secretariat, attached departments subordinate offices, affiliated autonomous and/or semi-autonomous

organizations

Staff & Line officers

Staff officers Those working in the secretariats They set the policy direction for programs

line officers In attached departments/autonomous

organizations. implement projects

Transaction of Business

Prime Minister Top of the hierarchy

Federal Cabinet Assist the PM in formulation of Public Policy

Secretary In charge of the Ministry Principle accounting officer

Additional Secretary Assist secretary

Joint Secretary Deputy Secretary Section Officer

In charge of section Provincial Secretariat

Ethical Standards

Acting at all times in such a way as to uphold the social and organizational trust.

Workers shall perform their duties and arrange their private affairs so that organizational confidence and trust is maintained.

If a conflict should arise between the private interests and the organizational work, the conflict should normally be resolved in favor of the organization.

Principles for Managing Ethics in the Public Service Ethical standards for public service should

be clear Ethical standards should be reflected in the

legal framework. Ethical guidance should be available to

public servants. Public servants should know their rights

and obligations when exposing wrongdoing Political commitment to ethics should reinforce

the ethical conduct of public servants.

Principles for Managing Ethics in the Public Service The decision -making process should be transparent

and open to scrutiny. There should be clear guidelines for interaction between

the public and private sectors. Managers should demonstrate and promote ethical

conduct Management policies, procedures and practices should

promote ethical conduct. Public service conditions and management of human

resources should promote ethical conduct Adequate accountability mechanisms should be in place

within the public service Appropriate procedures and sanctions should exist to

deal with misconduct.

Common Ethical Problems

Being ethical isn’t easy for many reasons including the complexity of ethical decisions and working in an unethical environment.

Ethical violations by rank-and-file workers are widespread, particularly with respect to lying.

Treating people unfairly (only performance should count)

Gender-based harassment (illegal and unethical)

Federalism in Pakistan

Colonial legacy 1935 India Act

sought to accommodate the diverse regional aspirations across the Indian sub-continent through provisions for provincial autonomy.

In search of inter-wing parity: 1947-1971 Majority-constraining federalism: The 1973

Constitution Punjab the biggest province (population wise)

Intergovernmental Relations

Chapter V, Articles 141-159 of the 1973 Constitution governs the relations between the federation and the provinces. The 1973 constitution provides for Federal Legislative List (67 subjects): parliament has the

exclusive power to make laws with respect to any or all subjects enumerated in the federal legislative list

Concurrent Legislative List (47 subjects): parliament and provincial assemblies can make laws with respect to any matter the concurrent legislative lists

Articles 153 to 155 of the Constitution mandate the formulation of the Council of Common Interests (CCI). Comprised of all four Provincial Chief Ministers and an equal

number of members from the Federal Government to be nominated by the Prime Minister.

Centre-province relations

A profile of Punjabization of the state underscores the demand for provincial autonomy in the three smaller provinces.

Heavy pro-federation bias in the division of subjects has characterized in all constitutional arrangements

Federation penetrated deep into the domain of the concurrent list

18th Amendment

18th Amendment

Empowered provinces to raise loans at home and abroad, issue security guarantees on the provincial consolidated

fund. provided for joint and equal ownership of the mineral

wealth found in a province or its adjacent waters by the federation and the provinces

gave the sales tax on services (but not on commodities) to provinces.

Amendment abolished the concurrent list in principle and transferred 40 of its 47 subjects to provinces

Continued….

Establishing a Judicial Commission comprising 7 members, including 4 judges, the law minister, the attorney general and a representative of the Supreme Court Bar Association

Pakistan has gradually moved towards relative liberalization of the principles of coordination and cooperation among and between provinces and the Center.