COMPARATIVE PUBLIC ADMINISTRATION MPA 503 LECTURE 29 PAKISTAN ADMINISTRATIVE SYSTEM MANAGEMENT IN PAKISTAN • • • • • PAKISTAN IS A FEDERAL STATE. ACCORDING TO THE CONSTITUTUION OF 1973 WHEN FULLY OPERATIVE, THE EXECUTIVE AUTHORITY OF THE FEDERATION IS EXERCISED BY THE FEDERAL GOVERNMENT IN THE NAME OF THE PRESIDENT. THE PRIME MINISTER IS THE CHIEF EXECUTIVE OF THE FEDERATION AND THE FEDERAL CABINET EXERCISE ITS AUTHORITY THROUGH HIM. ACCORDING TO THE FOURTH SCHEDULE (ARTICLE 70 OF CONSTITUTION) THERE IS A LIST OF SUBJECTS TO BE DEALT WITH BY THE FEDERAL GOVERNMENT AND ANOTHER BY THE FEDERAL AND THE PROVINCIAL GOVERNMENTS CONCURRENTLY . ALL THE REMAINING SUBJECTS AND RESIDUAL MATTERS OF ADMINISTRATION ARE IN THE PURVIEW OF THE PROVINCIAL GOVERNMENTS. TECHNICAL AND NONTECHNICAL POSTS • THE SERVICES AND POSTS UNDER THE GOVERNMENT IF PAKISTAN,WHETHER SUBJECT TO THE CONTROL OF THE FEDERAL OR PROVINCIAL GOVERNMENTS CAN BE CLASSIFIED INTO THE FOLLOWING THREE CATEGORIES ACCORDING TO THE MODE OF SELECTION AND REQUIREMENTS OF THE JOB: i. GENERALIST SERVICES ii. SEMI-TECHNICAL SPECIALIZED SERVICES iii. PURELY TECHNICAL SERVICES. • • THERE ARE SOME POSTS TO WHICH RECRUITMENT IS MADE ON THE BASIS OF ADVANCED ACADEMIC ATTAINMENT IN A UNIVERSITY WITHOUT FORMAL EDUCATION OR TRAINING IN A PROFESSIONAL INSTITUTION. FOR EXAMPLE, CANDIDATE WITH HIGHER QUALIFICATIONS IN ECONOMICS , STATISTICS ETC, ARE SELECTED ON THE BASIS OF THEIR QUALIFICATIONS FOR SUCH SEMI-TECHNICAL POST AS RESEARCH OFFICER, ECONOMIC ADVISOR, SCIENTIFIC ADVISORS, ETC. TECHNICAL AND NON-TECHNICAL POSTS • THE PURELY TECHNICAL SERVICES AND POSTS ARE THOSE TO WHICH RECRUITMENT IS MADE ON THE BASIS OF TECHNICAL QUALIFICATIONS ACQUIRED MAINLY IN PROFESSIONAL INSTITUTIONS. • THE JOB REQUIREMENTS FOR EACH POST IS DETERMINED AND PERSONS MEETING THE REQUIREMENTS ARE SELECTED, ON MERIT, FOR DIRECT APPOINTMENT WITHOUT FORMAL TRAINING. • THE APPOINTMENTS TO THESE POSTS MAY ALSO BE CONSIDERED TO BELONG TO THE JOB ORIENTED SYSTEM. ORGANIZATIONAL FRAMEWORK FOR PERSONNEL ADMINISTRATION IN PAKISTAN • THE ORGANIZATIONAL FRAMEWORK FOR A CENTRAL PERSONNEL AGENCY OR FOCAL POINT OF PERSONNEL MANAGEMENT WITHIN THE FEDERAL GOVERNMENT IS THE ESTABLISHMENT DIVISION OF THE CABINET SECRETARIAT. • THE ESTABLISHMENT DIVISION IS A REPOSITORY OF ALL REGULATORY POWERS IN RESPECT OF ESTABLISHMENT MATTERS AND ISSUES NECESSARY DIRECTIONS TO ALL PERSONNEL AGENCIES WITHIN THE MINISTRIES AND THEIR DEPARTMENT OFFICE. • THE ESTABLISHMENT DIVISION AS PART OF THE CABINET SECRETARIAT IS USUALLY UNDER THE DIRECT CHARGE OF THE PRIME MINISTER ALTHOUGH AT TIMES A MINISTER HAS ALSO CHARGE OF THE DIVISION. ORGANIZATIONAL FRAMEWORK FOR PERSONNEL ADMINISTRATION IN PAKISTAN • a) b) c) d) e) f) g) THE ESTABLISHMENT DIVISION IS REQUIRED TO BE CONSULTED BY OTHER DIVISIONS ON THE FOLLOWING MATTERS: INITIAL APPOINTMENTS, OTHER THAN THOSE MADE THROUGH THE FEDERAL PUBLIC SERVICE COMMISSION, IN THE FEDERAL SECRETARIAT AND ATTACHED DEPARTMENTS. CHANGE IN THE TERMS AND CONDITIONS OF SERVICE OF FEDERAL CIVIL SERVANTS. CHANGE IN THE STATUTORY RIGHTS AND PRIVILEGES OF ANY FEDERAL GOVERNMENT SERVANTS. SELECTION OF AN OFFICER SERVING IN CONNECTION WITH THE AFFAIRS OF A PROVINCE FOR APPOINTMENT IN THE FEDERAL SECRETARIAT. EXPENDITURE PROPOSALS RELATING TO THE FINANCE DIVISION INTERPRETATION OF RULES AND ORDERS MADE BY THE ESTABLISHMENT DIVISION RULES FOR RECRUITMENT TO ANY POST OR SERVICE, INCLUDING THE QUESTION OF REMOVING A POST FROM THE PURVIEW OFF THE FEDERAL PUBLIC SERVICE COMMISSION FOR THE PURPOSE OF RECRUITMENT. LEGAL FRAMEWORK • IN SECTION 240 OF THE CONSTITUTION OF PAKISTAN, 1973, PROVISION HAS BEEN MADE FOR REGULATING THE APPOINTMENT AND CONDITIONS OF SERVICE OF THE GOVERNMENT EMPLOYEES. • THE CIVIL SERVANTS ACT 1973 APPLIES TO ALL GOVERNMENT SERVANTS WHO ARE HOLDERS OF CIVIL POSTS IN CONNECTION WITH THE AFFAIRS OF THE FEDERATION EXCLUDING THOSE WHO ARE: i. ON DEPUTATION FROM THE PROVINCES ii. PERSONS EMPLOYED ON CONTRACT OR ON A WORKCHARGED BASIS. iii. ‘WORKERS’ OR ;WORKMEN’ AS DEFINED UNDER THE FACTORIES ACT, 1934 OR THE WORKMAN COMPETITION ACT 1923. LEGAL FRAMEWORK • THE ACT DEALS WITH AND PROVIDES THE FRAMEWORK FOR REGULATING THE FOLLOWING MATTERS: a) THE TENURE OF OFFICE OF CIVIL SERVANTS b) APPOINTMENTS c) PROBATION AND CONFIRMATION d) SENIORITY AND PROMOTION e) POSTING AND TRANSFERS f) TERMINATION OF SERVICE g) REVERSION TO A LOWER GRADE OR SERVICE h) RETIREMENT FROM SERVICE i) EMPLOYMENT AFTER RETIREMENT j) CONDUCT AND DISCIPLINE k) PAY AND LEAVE l) PENSION, GRATUITY AND PROVIDENT FUND m) BENEVOLENT FUND AND GROUP INSURANCE n) APPEALS AND REPRESENTATIONS. PRESENT STRUCTURE OF THE SERVICES • ALL THE “GENERALIST” SERVICES AND POSTS HAVE BEEN CATEGORIZED IN THE FOLLOWING OCCUPATIONAL GROUPS: 1) 2) 3) 4) 5) 6) 7) 8) 9) ACCOUNTS GROUP COMMERCE AND TRADE GROUP DISTRICT MANAGEMENT GROUP ECONOMISTS AND PLANNERS GROUP FOREIGN AFFAIRS GROUP CUSTOMS AND EXCISE GROUP INCOME TAX GROUP INFORMATION GROUP MILITARY LANDS AND CANTONMENT GROUP PRESENT STRUCTURE OF THE SERVICES 10) OFFICE MANAGEMENT GROUP 11) POLICE GROUP 12) POSTAL GROUP 13)SECRETARIAT GROUP AFTER INTRODUCTION OF THE ADMINISTRATIVE REFORMS, 1973, ONE OF THE MOST IMPORTANT STEPS TAKEN BY THE GOVERNMENT WAS TO UNIFY THE VARIOUS SERVICES UNDER THE FEDERATION INTO THE FOLLOWING THREE UNIFIED GRADES: 1) ALL PAKISTAN UNIFIED GRADES 2) FEDERAL UNIFIED GRADES 3) PROVINCIAL UNIFIED GRADES PRESENT STRUCTURE OF THE SERVICES • ALL PAKISTAN SERVICES , EXISTING BEFORE THE ADMINISTRATIVE REFORMS, HAVE BEEN UNIFIED, NAMELY THE ALL-PAKISTAN UNIFIED GRADES WHICH INCLUDE THE FOLLOWING: 1) THE DISTRICT MANAGEMENT GROUP 2) THE POLICE GROUP 3) THE SECRETARIAT GROUP CIVIL SERVICE RECRUITMENT IN PAKISTAN • THE CIVIL SERVICE IN PAKISTAN HAS A LONG TRADITION OF RECRUITMENT ON THE BASIS OF MERIT COMING DOWN FROM THE BRITISH COLONIAL PERIOD. • IT IS INTERESTING STATE THAT WHILE THE BRITISH INTRODUCED THE SYSTEM OF OPEN COMPETITION FOR APPOINTMENT TO THE CIVIL SERVICE OF INDIA IN 1853, IT WAS NOT UNTIL 1870 THAT THE SYSTEM OF OPEN COMPETITION WAS EXTENDED TO OTHER SEGMENTS OF THE ADMINISTRATION. CRITERIA FOR RECRUITMENT • THE GOVERNMENT HAS SPECIFIED PROVINCIAL AND REGIONAL QUOTAS FOR DIRECT RECRUITMENT TO ALL POSTS UNDER THE FEDERAL GOVERNMENT. THESE QUOTAS FOR RECRUITMENT ARE: • • • • • MERIT QUOTA……………………………………………………….10% PUNJAB(INCLUDING ISLAMABAD)……………………....50% SINDH (INCLUDING KARACHI)……………………………..19% N.W.F.P …………………………………………………………......11.4% BALOUCHISTAN…………………………………………………..3.5% A CANDIDATE FOR APOINTMENT MUST BE IN GOOD MENTAL AND BODILY HEALTH AND FREE FROM ANY PHYSICAL DEFECT LIKELY TO INTERFERE WITH THE HIS DUTIES. APPOINTING AUTHORITY • THE APPOINTING AUTHORITY FOR THE POSTS IN THE VARIOUS GRADES IS AS FOLLOWS: GRADES APPOINTING AUTHORITY 1. GRADE 20 AND ABOVE PRESIDENT / PRIME MINISTER 2.GRADES 17 TO 19 ESTABLISHMENT SECRETARY 3. GRADE 3 TO 16 SECRETARY OF THE MINISTRY OR DIVISION CENCERNED OR HEAD OF DEPARTMENT 4. GRADE 1 AND 2 DEPUTY SECRETARY OR HEAD OF DEPARTMENT OR HEAD OF OFFICE MAIN RECRUITING AGENCIES • THE APPOINTING AUTHORITIES FOR EACH CATEGORY OF POSTS HAVE ALREADY BEEN STATED BEFORE. • IN ORDER TO RATIONALIZE THE PROCEDURE FOR SELECTION, COMMISSIONS, BOARDS ETC HAVE BEEN CONSTITUTED FOR CONDUCTING THE PROCESS OF RECRUITING ACCORDING TO THE RULES AND REGULATIONS. • ONE OF THE MOST IMPORTANT RECRUITING AGENCIES IS THE FEDERAL PUBLIC SERVICE COMMISSIONS. THE CENTRAL SUPERIOR SERVICES EXAMINATION • • • • • • RECRUITMENT TO THE VARIOUS OCCUPATIONAL GROUPS IS MADE ON THE BASIS OF A COMBINED COMPETITIVE EXAMINATION. THIS EXAMINATION IS USUALLY CALLED THE CENTRAL SUPERIOR SERVICES EXAMINATION. THIS EXAMINATION IS HELD EVERY YEAR BY THE FEDERAL PUBLIC SERVICE COMMISSION. ACCORDING TO THE RULE THE MINIMUM QUALIFICATION REQUIRED FOR THIS EXAMINATION IS A BACHELOR’S DEGREE IN THE SECOND DIVISION. BUT IF A CANDIDATE WITH 3RD DIVISION IN THE BACHELOR’S DEGREE HAS OBTAINED A HIGHER DIVISION IN HIS MASTER’S DEGREE IS CONSIDERED ELIGIBLE. THE AGE LIMIT IS 21 TO 28 YEARS, RELAX ABLE UP TO 30 YEARS UNDER CERTAIN CONDITIONS. TRAINING • THE TRAINING OF CIVIL SERVANTS HAS ALWAYS BEEN CONSIDERED OF GREAT IMPORTANCE FOR ANY EFFICIENT ADMINISTRATION. • DURING THE BRITISH COLONIAL RULE, AND EVEN FOR SOME YEARS AFTER INDEPENDENCE THE TRAINING OF CIVIL SERVANTS IN INDIA AND PAKISTAN WAS MOSTLY ON THE JOB PRECEDED BY SHORT COURSE OF TRAINING IN THE RESPECTIVE FIELD. • AFTER INDEPENDENCE, IN 1960 GREATER IMPORTANCE WAS GIVEN TO TRAINING IN PAKISTAN. • CIVIL SERVANTS TRAINING CAN BE DIVIDED INTO TWO PHASES: (i) PRE-SERVICE TRAINING (ii) IN-SERVICE TRAINING PRE-SERVICE TRAINING • • 1) 2) 3) 4) 5) 6) a) b) c) PRE-SERVICE TRAINING IS IMPARTED TO THE CANDIDATES BEFORE THEY ARE POSTED TO THEIR DUTIES. THE OBJECTIVES OF THE TRAINING ARE: TO PREPARE THE PROBATIONERS FOR INDUCTION INTO PUBLIC SERVICE TO EDUCATE THEM IN THE BASIS OF ISLAM AND PROVIDE THEM AN ISLAMIC ORIENTATION. TO PROMOTE AMONGST THEM MUTUAL UNDERSTANDING TO MOTIVATE THEM FOR PUBLIC SERVICE TO TEACH THEM A NATIONAL OUTLOOK AND DEVELOP A SENSE OF INVOLVEMENT IN NATIONAL AND LOCAL PROBLEMS. TO IMPART BASIC KNOWLEDGE OF : ADMINISTRATION AND MANAGEMENT STRUCTURE AND FUNCTIONING OF GOVERNMENT ECONOMIC AND SOCIAL PLANNING IN-SERVICE TRAINING • THE TRAINING IS IMPARTED TO CIVIL SERVANTS WHO HAVE ALREADY PUT IN SOME YEARS OF SERVICE IN THE GOVERNMENT. • THE MAJOR TRAINING INSTITUTIONS ARE THE NATIONAL INSTITUTE OF PUBLIC ADMINISTRATION AT KARACHI AND LAHORE. • THE OFFICERS OF THE LEVEL OF GRADES 18-19 RECEIVE INSERVICE TRAINING IN THE IN THE NIP’S AND THE TURAL ACADEMY PESHAWAR. GRADE 19-20 OFFICERS ARE TRAINED AT THE PAKISTAN ADMINISTRATIVE STAFF COLLEGE, LAHORE. • • THE MAIN OBJECTIVE OF THIS TRAINING IS TO PROVIDE REFRESHER COURSES TO THE CIVIL SERVANTS AWAY FROM THEIR USUAL SUTTOUNDINGS. PERFORMANCE EVALUATION • • 1) 2) 3) 4) 5) IN PAKISTAN THE SYSTEM OF PERFORMANCE EVALUATION OF A CIVIL SERVANT IS USUALLY JUDGED ONCE IN A YEAR AND RECORDED ON A PERFORMA, CALLED ANNUAL CONFIDENTIAL REPORT (ACR). THE MAIN OBJECTIVE OF THESE ACR ARE: THE ACR PROVIDE AN AUTHENTIC RECORD OF THE PERFORMANCE OF A CIVIL SERVANT WHICH HELPS IN ASSESSING HIS QUALITIES. IT IS AN IMPORTANT BASIS FOR SELECTION TO A NEW APPOINTMENT IT IS RELIED UPON BY THE APPROPRIATE SELECTION COMMITTEE FOR ASSESSING HIS SUITABILITY FOR PROMOTION. IT PROVIDED USEFUL INFORMATION REGARDING THE APTITUDE OF THE INCUMBENT FOR CERTAIN TYPES OF JOB IT IS AN IMPORTANT INSTRUMENT FOR ALMOST ALL STAGES IN CAREER PLANNING OF CIVIL SERVANTS. PROMOTION IN SECTION 9 OF THE CIVIL SERVANTS ACT 1973, THE PRINCIPLES OF PROMOTION AS FOLLOWS: 1) A CIVIL SERVANT POSSESSING SUCH MINIMUM QUALIFICATION AS MAY BE PRESCRIBED SHALL BE ELIGIBLE FOR PROMOTION TO A POST FOR THE TIME BEING RESERVED UNDER THE RULES FOR DEPARTMENTAL 0PROMOTION IN HIGHER GRADES. 2) A POST REFERRED TO IN SUB-SECTION (1) MAY EITHER BE A SELECTION POST TO WHICH PROMOTIONS SHALL BE MADE AS MAY BE PRESCRIBED A) IN THE CASE OF A SELECTION POST, ON THE BASIS OF SELECTION ON MERIT B) IN THE CASE OF A NON-SELECTION POST, ON THE BASIS OF SENIORITY. • PROMOTION • • • • • THE CRITERION FOR PROMOTION TO MOST OF THE POSTS IN THE GOVERNMENTS IS MERIT, ALTHOUGH SENIORITY IS ALSO TAKEN INTO ACCOUNT. MERIT IS ASSESSED ON THE BASIS OF ACR. ASSESSMENT OF MERIT OF THE CANDIDATES ELIGIBLE FOR PROMOTION TO POSTS IN GRADES 2-18 IS MADE BY THE DEPARTMENTAL PROMOTION COMMITTEE. CASES FOR PROMOTION AND TRANSFER TO POSTS IN GRADES 19-21 ARE CONSIDERED BY THE CENTRAL SELECTION BOARD FOR RECOMMENDATIONS. THE CENTRAL SELECTION BOARD FOR PROMOTIONS TO POSTS IN GRADE 21 PRESENTLY CONSISTS OF FEDERAL MINISTRIES AND IS PRESIDED OVER BY THE SENIOR MOST AMONG THEM. DISCIPLINE AND CONDUCT ACCORDING TO RULE 3 OF THE RULES, DISCIPLINARY PROCEEDINGS CAN BE INITIATED AGAINST A GOVERNMENT SERVANT IF IN THE OPINION OF THE AUTHORITY HE: a) IS INEFFICIENT OR HAS CREATED TO EFFICIENT b) IS GUILTY OF MISCONDUCT c) IS CORRUPT, OR MAY REASONABLY BE CONSIDERED CORRUPT BECAUSE: • i) HE IS, OR ANY OF HIS DEPENDENTS OR ANY OTHER PERSON THROUGH HIM OR HIS BEHALF IS, IN POSSESSION OF PROPERTY DISPROPORTIONATE TO HIS KNOWN SOURCES OF INCOME ii) HAS ASSUMED A STYLE OF LIVING BEYOND HIS OSTENSIBLE MEANS iii) HAS A PERSISTENT REPUTATION OF BEING CORRUPT D) IS ENGAGED, OR IS REASONABLY SUSPECTED OF BEING ENGAGED, IN SUBVERSIVE ACTIVITIES, OR IS REASONABLY SUSPECTED OF BEING ASSOCIATED WITH OTHERS OR GUILTY OF DISCLOSURE OF OFFICIAL SECRETS TO ANY UNAUTHORIZED PERSONS. DISCIPLINE AND CONDUCT • IF ANY OF THE PREVIOUS MENTIONED GROUND IS ESTABLISHED AGAINST A CIVIL SERVANT HE CAN BE AWARDED FOLLOWING PENALTIES: • MINOR PENALTIES: i) CENSURE ii) WITHHOLDING; FOR A SPECIFIC PERIOD, OF PROMOTION OR INCREMENT. OTHERWISE THAN FOR UNFITNESS FOR PROMOTION. iii) STOPPAGE, FOR A SPECIFIC PERIOD, AT AN EFFICIENCY BAR IN THE TIME-SCALE, OTHERWISE THAN FOR UNFITNESS TO CROSS SUCH BAR iv) RECOVERY FROM PAY OF THE WHOLE OR ANY PART OF ANY LOSS CAUSED TO GOVERNMENT BY NEGLIGENCE. MAJOR PENALTIES: i) REDUCTION TO A LOWER POST OR TIME-SCALE, OR TO A LOWER STATE IN TIME-SCALE ii) COMPULSORY RETIREMENT iii) REMOVAL FROM SERVICE iv) DISMISAL FROM SERVICE APPEALS THE STATUTORY POSITION REGARDING APPEALS HAS BEEN PROVIDED IN SECTION 22 OF CIVIL SERVANT ACT 1973 AS FOLLOWS: 1) WHERE A RIGHT TO PREFER AN APPEAL OR APPLY FOR REVIEW IN RESPECT OF ANY ORDER RELATING TO THE TERMS AND CONDITIONS OF HIS SERVICE IS PROVIDED TO A CIVIL SERVANT UNDER ANY RULES AN APPLICATION SHALL EXPECT AS MAY BE OTHERWISE PRESCRIBED, BE MADE WITHIN THIRTY DAYS OF THE DATE OF SUCH ORDER. 2) WHERE NO PROVISION FOR APPEAL OR REVIEW EXISTS UNDER THE RULES IN RESPECT OR ANY ORDER, A CIVIL SERVANT AGGRIEVED BY ANY SUCH ORDER MAY, WITHIN THIRTY DAYS OF THE COMMUNICATION TO HIM OF SUCH ORDER, MAKE A REPRESENTATION AGAINST IT TO THE AUTHORITY NEXT ABOVE THE AUTHORITY WHICH MADE THE ORDER. •