Punjab Civil Administration Ordinance 2016

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THE PUNJAB CIVIL ADMINISTRATION ORDINANCE 2016

(XX OF 2016)

CONTENTS

1. Short title, extent and commencement

2. Definitions

3. Commissioners, Deputy Commissioners and Assistant Commissioners

4. Functions of the Commissioner

5. Functions of the Deputy Commissioner

6. Functions of the Additional Commissioners and Additional Deputy


Commissioners

7. Vacancy

8. Code of Conduct

9. Information

10. Coordination Committees

11. Assistance

12. Public Facilities

13. Calamities

14. Record and Inspection

15. Public order etc

16. Public Processions etc

17. Public Properties

18. Police support

19. Enquiry

20. Statistics

21. Performance Evaluation

22. Reports
23. District Gazetteer

24. Delegation of powers

25. District Account and Audit

26. Transparency and due diligence

27. Divisional Boards

28. Indemnity

29. Power to make rules

30. Removal of difficulties


TEXT

1
THE PUNJAB CIVIL ADMINISTRATION ORDINANCE 2016
(XX of 2016)

[31 December 2016]

An

Ordinance

to institute a comprehensive system of civil administration in the Punjab for efficient


administration and improved service delivery to the people.
It is essential to institute a comprehensive system of civil administration in the
Punjab for efficient administration, improved service delivery, better coordination,
supervision and regulatory enforcement, and for ancillary matters.
Provincial Assembly of the Punjab is not in session and Governor of the
Punjab is satisfied that circumstances exist which render it necessary to take
immediate action.
In exercise of the powers conferred under clause (1) of Article 128 of the
Constitution of the Islamic Republic of Pakistan, Governor of the Punjab is please to
make and promulgate the following Ordinance:-

1. Short title, extent and commencement.- (1) This Ordinance may be cited as
the Punjab Civil Administration Ordinance 2016.
(2) It extends to whole of the Punjab.
(3) It shall come into force on and from the day the Punjab Local
Government Ordinance, 2001 (XIII of 2001) is repealed.

2. Definitions.– In the Ordinance, unless the subject or the context otherwise


requires:
(a) “Additional Commissioner” means an officer appointed as Additional
Commissioner under the Ordinance;
(b) “Additional Deputy Commissioner” means an officer appointed as
Additional Deputy Commissioner under the Ordinance;
(c) “Assistant Commissioner” means an officer appointed as Assistant
Commissioner under the Ordinance;
(d) “Commissioner” means an officer appointed as Commissioner under
the Ordinance;
(e) “Division”, “District” and “Tehsil” respectively mean the Division, the
District and the Tehsil constituted under the Punjab Land Revenue Act,
1967 (XVII of 1967);

1
This Ordinance was promulgated by the Governor of the Punjab on 30 December 2016; and, was published in the Punjab
Gazette (Extraordinary), dated: 31 December 2016, pp. 3517-3524.
(f) “employee” means a person performing duties in an office;
(g) “Government” means Government of the Punjab;
(h) “head of District Police” means the head of the district police appointed
under the Police Order, 2002 (22 of 2002);
(i) “head of the local government” means the Mayor or a Chairman of a
local government under the Punjab Local Government Act 2013 (XVIII
of 2013);
(j) “head of office” means the head of an office in the Tehsil, District or, as
the case may be, the Division;
(k) “local government” means a local government constituted under the
Punjab Local Government Act 2013 (XVIII of 2013);
(l) “officer-in-charge” means the officer incharge of, and responsible for,
maintaining a public facility;
(m) “prescribed” means prescribed by rules made under the Ordinance;
(n) “office” means such office of the Government in the Tehsil, District or,
as the case may be, the Division as the Government may, by
notification, specify for purposes of the Ordinance but does not include
any office of the local government established by or under the Punjab
Local Government Act 2013 (XVIII of 2013) or of the Police constituted
by or under the Police Order, 2002 (22 of 2002);
(o) “public facility” means such office or public facility or work relating to
such office of the Government in the Tehsil, District or, as the case
may be, the Division as the Government may, by notification, specify
but does not include any office or public facility or work relating to the
local government established by or under the Punjab Local
Government Act 2013 (XVIII of 2013) or of the Police constituted by or
under the Police Order, 2002 (22 of 2002);
(p) “rules” means the rules framed under the Ordinance; and
(q) “Service” means Pakistan Administrative Service or Provincial
Management Service Punjab.

3. Commissioners, Deputy Commissioners and Assistant


Commissioners.– (1) The Government shall appoint a Commissioner for each
Division, a Deputy Commissioner for each District and an Assistant Commissioner
for each Tehsil in the Punjab from amongst the officers of the Service.
(2) A Commissioner shall be the officer-in-charge of general administration
and principal representative of the Government in the Division.
(3) A Deputy Commissioner shall be the officer-in-charge of general
administration and principal representative of the Government in the District.
(4) An officer appointed under subsection (1) shall perform the functions
and exercise the powers under the Ordinance or any other law or as the Government
may, by order or notification, assign or delegate.
(5) The Commissioner and Deputy Commissioner shall be subject to
general superintendence and control of the Government.
4. Functions of the Commissioner.– A Commissioner shall, in addition to any
functions under subsection (4) of section 3 and section 15, shall:
(a) supervise and monitor the discharge of duties by the Deputy
Commissioners in the Division;
(b) coordinate the work of all the offices and public facilities in the Division;
(c) facilitate and coordinate any work which concerns two or more Districts
in the Division or two or more Divisions for purposes of integrated
development, efficient use of public resources and effective service
delivery; and
(d) supervise and coordinate the implementation of the policies,
instructions and guidelines of the Government.

5. Functions of the Deputy Commissioner.– (1) A Deputy Commissioner


shall, in addition to the functions mentioned in subsection (4) of section 3 and section
15:
(a) supervise and monitor the discharge of duties by the Assistant
Commissioners in the District;
(b) coordinate the work of all the offices and public facilities in the district
for purposes of integrated development, efficient use of public
resources and effective service delivery;
(c) support and facilitate the offices and public facilities in the District;
(d) ensure that the standards set by the Government in respect of a public
facility are fully observed; and
(e) supervise and coordinate the implementation of the policies,
instructions and guidelines of the Government.

6. Functions of the Additional Commissioners and Additional Deputy


Commissioners.– (1) The Government may appoint one or more Additional
Commissioner in each Division and one or more Additional Deputy Commissioner in
each District from amongst the officers of the Service.
(2) An Additional Commissioner shall serve under the general
administration and control of the Commissioner and shall perform the functions
under the Ordinance or any other law or as the Commissioner may, by order, assign.
(3) An Additional Deputy Commissioner or an Assistant Commissioner
shall serve under the general supervision and control of the Deputy Commissioner
and shall perform functions under the Ordinance or any other law or as the Deputy
Commissioner may, by order, assign.
(4) An Assistant Commissioner may distribute work among the officers
subordinate to him in the manner and to the extent prescribed.

7. Vacancy.– In case the office of a Commissioner, Deputy Commissioner or


Assistant Commissioner is vacant, the Government shall make appropriate
arrangement for the discharge of the functions of that office.
8. Code of Conduct.– (1) The Government may issue a Code of Conduct in
relation to the exercise of authority and discharge of functions under the Ordinance.
(2) Any deviation from the Code of Conduct or any violation of any lawful
directions under the Ordinance shall be referred to such authority as may be
prescribed for action in accordance with law.

9. Information.– (1) A Commissioner shall keep the Government informed on all


important matters relating to the Divisional administration.
(2) A Deputy Commissioner shall keep the Commissioner informed on all
important matters relating to the District administration.
(3) An Assistant Commissioner shall keep the Deputy Commissioner
informed on all important matters relating to the Tehsil administration.
(4) A head of office in the District shall keep the Deputy Commissioner
informed on all important matters relating to that office.

10. Coordination Committees.- The Government may constitute Divisional,


District or Tehsil Coordination Committees consisting of such heads of local
governments, members of national Assembly and Provincial Assembly, heads of
Division, District and Tehsil administrations and police and such other persons as
may be specified to achieve the goals of good governance, effective service delivery,
public welfare and better coordination through democratic control and oversight.

11. Assistance.- On a request by a head of office or head of a local government,


the Deputy Commissioner and the Assistant Commissioner shall extend such
assistance and support as may be necessary in the circumstances.

12. Public Facilities.– (1) The Deputy Commissioner may, from time to time,
review the quality, standard and efficacy of public facilities in the District.
(2) If the Deputy Commissioner, for reasons to be recorded, is of the view
that the public service is not being delivered on the prescribed or reasonable
standards, he may require the officer incharge to take such measures as may be
necessary for improving the quality, standard and efficacy of the public facility.
(3) The officer in-charge shall take prompt remedial steps and inform the
Deputy Commissioner of the action taken by him.
(4) If the officer in-charge does not take remedial steps as advised, the
Deputy Commissioner may, through the Commissioner, make a report to the
Government for necessary action in accordance with law.

13. Calamities.– (1) The Government may, by notification, declare the whole or
any part of the Province, as the case may be, as calamity-affected area under
section 3 of the Punjab Natural Calamities (Prevention and Relief) Ordinance 1958
(XXXIII of 1958).
(2) On issuance of the notification mentioned in subsection (1), the
Commissioner, Deputy Commissioner, Assistant Commissioner or officers
subordinate to them may, in consultation with the respective head of the local
government, exercise such powers within the area of their respective jurisdiction as
the Relief Commissioner may delegate to them under section 7 of the said
Ordinance.
(3) All the offices in the District or, as the case may be, in the Division shall
extend such assistance to the officer mentioned in subsection (2) as he may require
or as may be necessary in the circumstances.
(4) On a request by or on behalf of the Deputy Commissioner, the local
governments in the district shall also render such assistance to the Deputy
Commissioner or officers subordinate to him as may be necessary in the
circumstances.

14. Record and Inspection.– (1) on a complaint or otherwise, the Commissioner


or the Deputy Commissioner may call for the record of any case from any office in
the Division or, as the case may be, the District to satisfy himself as to the propriety
or legality of any action taken or proposed to be taken by any office and pass
appropriate directions in accordance with law.
(2) The Commissioner, Deputy Commissioner and Assistant
Commissioner may inspect any office or public facility within his jurisdiction, and give
such directions as may be necessary to achieve the objectives of the Ordinance.
(3) It shall be the duty of every head of office and officer incharge to
facilitate inspection and provide record, information, report and otherwise assist the
Commissioner, Deputy Commissioner or Assistant Commissioner.

15. Public order etc.- (1) The Deputy Commissioner on his own, or on the
request of the head of a local government or head of the District Police, may
convene a meeting for purposes of maintaining public order and public safety and
safeguarding public or private properties in the District; and, the decisions taken in
the meeting shall be executed by all concerned accordingly.
(2) Notwithstanding anything in subsection (1), in case of any unforeseen
or sudden situation that threatens or is likely to threaten pubic order, public safety or
public and private properties in the District, the Deputy Commissioner and the head
of the District Police shall jointly take appropriate action to address the situation.
(3) The provisions of subsection (1) and subsection (2) shall apply mutatis
mutandis to the Commissioner and Assistant Commissioner respectively in relation
to the Division and the Tehsil.

16. Public Processions etc.- (1) No public meeting, procession, assembly or


gathering shall take place without prior permission in writing of the Deputy
Commissioner.
(2) On receipt of an application for the purpose, the Deputy Commissioner,
in consultation with the head of District Police, may grant permission subject to such
terms and conditions as he deems fit or reject the application after recording
reasons.
(3) The Deputy Commissioner may, in consultation with the head of the
respective local government, requisition such assistance of the local government as
may be necessary in the circumstances.
17. Public Properties.- (1) The Deputy Commissioner shall oversee the use of all
public properties in the district and where required direct the concerned head of
office or officer incharge for the proper maintenance and use of a property or
safeguarding it against illegal trespass, undue wastage or destruction.
(2) The Deputy Commissioner may exercise the powers of the
Government under the Punjab Government Lands and Buildings (Recovery of
Possession) Ordinance 1966 (IX of 1966), and the powers of an autonomous body
under the Punjab Autonomous Bodies Immovable Property (Ejectment of
Unauthorized Occupants) Ordinance, 1965 (XXXVII of 1965).
(3) The Deputy Commissioner and Assistant Commissioner shall oversee
the use of public space in their respective jurisdictions and where required, in
consultation with the respective head of the local government, cause the
obstructions removed in accordance with law, allow and define use of public space
for public meeting, procession, assembly or gathering and other temporary uses and
otherwise prevent it from illegal use, and for the purpose pass such directions in
accordance with law as may be considered necessary.
(4) The Deputy Commissioner shall maintain a registry of all public
properties in such form as may be prescribed or as the Government may direct.

18. Police support.- On the requisition from the Assistant Commissioner or


Deputy Commissioner or on receipt of a request for police assistance from any head
of office, head of the local government, statutory body or body or corporation owned,
set up or controlled by the Government or the Federal Government in relation to
discharge of official duties, the head of the District Police shall provide such police
assistance as may be necessary.

19. Enquiry.- (1) The Commissioner or the Deputy Commissioner may, on a


complaint or any other information, cause an enquiry to be made by such officer as
he may deem appropriate, into the affairs of an office or a public facility and take
appropriate action in accordance with law.
(2) Any person aggrieved by any case of maladministration, neglect,
excess or misconduct by any employee serving in a District or is dissatisfied with a
public service may make a complaint in writing under his signature to the Deputy
Commissioner.
(3) The Deputy Commissioner may either himself or through an officer
subordinate to him take such action in accordance with law as may be necessary to
redress the legitimate grievance of the complainant.
(4) It shall be the duty of every head of office and officer in charge of the
public facility to comply with the directions under subsection (3) and shall report
compliance to the Deputy Commissioner or inform him of the reasons on account of
which the direction cannot be implemented.
(5) On receipt of the report from a head of office or officer in-charge of a
public facility, the Deputy Commissioner may either withdraw the direction or, if he is
not satisfied with the reasons, report the matter to the Government for action in
accordance with law.
(6) The inquiry officer shall, for purposes of the inquiry, have all the powers
of a civil court under the Civil Procedure, 1908 (V of 1908) in relation to summoning
and enforcing the attendance of any person and examining him on oath, compelling
the production of documents, receiving evidence on affidavits, and issuing
commission for the examination of witnesses.

20. Statistics.- For purposes of better coordination and effective planning, the
Deputy Commissioner shall maintain or cause to be maintained such updated local
statistics in such manner as may be prescribed and until so prescribed as the
Government may direct.

21. Performance Evaluation.- The Commissioner and Deputy Commissioner,


through the Commissioner, shall report the performance of the offices and, if
necessary, of the employees under their respective jurisdiction to the Government in
such manner and at such intervals as the Government may, by notification,
determine.

22. Reports.- (1) Every head of office shall prepare and submit a periodic report
on the working of his office to the Deputy Commissioner at such time and in such
form as may be prescribed.
(2) The Deputy Commissioner shall prepare a consolidated report on the
working of all offices in the district and shall, through the Commissioner, submit the
report of each financial year to the Government at such time and in such form as
may be prescribed.
(3) The Government may take such action on the report as it deems
necessary.

23. District Gazetteer.- (1) The Deputy Commissioner shall make arrangements
for formulating for each financial year the District Gazetteer and shall publish it after
approval by the Commissioner.
(2) The District Gazetteer shall contain information about the socio-cultural
and economic activities, the developmental goals accomplished, key features of
governance, key indicators, the future plans and any other matter of public
importance or interest.

24. Delegation of powers.- (1) The Government may, by notification, delegate


such of its powers to its officers in the district as it considers appropriate in the
interest of effective, efficient and economical delivery of public services subject to
such conditions, if any, as may be specified in the order.
(2) In the like manner, the Government may by notification, place such of
its employees, excluding the employees of the Police Department and the local
governments, under the administrative control of the Commissioner or Deputy
Commissioner.

25. District Account and Audit.- (1) There shall be an account in respect of
each District to be called the ‘District Account’ which shall vest in the Deputy
Commissioner for undertaking development, improvement of public services in
general, provision of relief in emergencies or such other purposes as may be
prescribed.
(2) All moneys received by the Deputy Commissioner shall be credited to
the District Account under a head of account authorized by the Controller General of
Accounts.
(3) The Deputy Commissioner shall maintain the Account and expend
money from the Account for such purposes and in such manner as may be
prescribed.
(4) The District Account shall be audited by the Auditor General at the end
of each financial year.
(5) In addition to the audit, under subsection (3), the Government may
direct that a special audit of the District Account shall be conducted by such auditors
and in such manner as may be prescribed and until, so prescribed, as determined by
the Government.

26. Transparency and due diligence.- The Government may prescribe


arrangements to ensure that the functions and powers under this Act are discharged
diligently and in a transparent manner.

27. Divisional Boards.- (1) The Government may constitute for each Division the
Grievance Redress Board consisting of the Convener and two other members.
(2) The Board may enquire into serious cases of maladministration,
corruption and corrupt practices, violation of law, dereliction from duty and any other
act or omission detrimental to the public interest by the employees of the
Government and the employees and elected representatives of a local government
in the prescribed manner.
(3) The Board shall submit its report and recommendations to the
Government for necessary action in accordance with law.

28. Indemnity.- No suit, prosecution, or other legal proceedings shall lie against
any public servant for anything done in good faith under this Ordinance.

29. Power to make rules.- The Government may, by notification in the official
Gazette, make rules for carrying out the purposes of this Ordinance.

30. Removal of difficulties.- The Government may, by order in writing, provide


for the removal of any difficulty which may arise in giving effect to the provisions of
this Ordinance during the life of the Ordinance.

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