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LAW Department

On disintegration of One Unit, an administrative setup created by President Ayub, the Province of Balochistan came into being on 1^st July 1970 and consequently besides other essential departments in the Provincial Government, the Law Department was also established in the same year.

The Law Department is an administrative department of the Government of Balochistan and its functions are mainly of advisory nature. The Office of Advocate General in Balochistan and the Offices of District Attorneys and Assistant District Attorneys are the attached Department/Offices of Law Department.

The Secretary Law is the head of the Law Department, Balochistan Government and except in such matters as have been assigned to the control of the Advocate General either by statue or by order of the Governor, he exercises Control over the entire business of the department, including the expenditure of Law Officers and establishment allowed for the Department.

Mission Statement

To watch and protect the interest of the State in the Courts of Law and to put into proper form provincial legislation and assist the Provincial Government in its legal matters.

Organization Chart

Secretary Law

· Draftsman (Legislation)

o Legislation Section

Deputy Secretary-I

Opinion Section
Solicitor Section

· Deputy Secretary-II

o Administration Section

o Codification Section

· Advocate General Balochistan

o Additional Advocate General

o Assistant Advocate General

o Executive/Staff Officer

o Branch Office at Sibi

District Attorneys/Assistant District Attorneys

Functions

Under the Balochistan Government Rules of Business, 1976, the following business is assigned to the Law Department:

1. Conduct of Government litigation:

a. Representation in criminal cases;

b. Appeals and application for enhancement of sentences and convictions; and

c. Filling and defending civil suits against Government and public servants.

2. Advice to Departments on all legal matters, including interpretation of laws, rules and orders having the force of law.

3. Government Law Officers; Advocate General, Public Prosecutors, Government Pleaders, Special Counsels, their appointment, transfer, leave, fees, etc.

4. Matters relating to legal practitioners, including scale of fees.

5. Matter relating to approval of appointments of Legal Advisors and engagement of Legal Practitioners made by the Statutory Bodies, payment of their fees and termination of their services.

6. Defense of pauper accused in the Courts and fees to pleaders for such defense.

7. Civil Law and Procedure.

8. Matter relating to Provincial Legislature.

9. Scrutiny and drafting of ordinances, notifications, rules, regulations, statutory orders and byelaws.

10. Constitutional Legislation.

11. Codification of laws and printing of Acts, Rules and Orders.

12. Appointment of Administrator General, Official Trustee and the Official Assignee.

13. Service matters except those entrusted to Services & General Administration Department.

WORKING OF THE DEPARTMENT

The work in the Law Department has been distributed into the following Sections:

1. LEGISLATION SECTION.

This section deals with the matters of consultation, advice and references to the Federal Government, in respect of Legislation and others mentioned in sub-rule (1) (2) (3) & (7) of the rule 14 of “Balochistan Government Rules of Business 1976”. All orders, rules, regulations, notifications or byelaws to be issued by the Administrative Departments in the exercise of their statutory powers, are examined and vetted before issue by this section. It vets the draft Ordinances and scrutinizes the Contract Agreements between the Provincial Government and others. The matter relating to Provincial Legislature is also a concern of this section. It issues process for obtaining the orders of the Governor for convening and prorogation of a session of the Provincial Assembly on directions of the Chief Minister received through Chief Secretary. This section maintains the Civil Law and Procedure. All Provincial amendments thereto whenever asked or decided by the Government are processed here before it is passed by the Legislature or the Competent Authority as the case may be.

2. OPINION SECTION.

This section is responsible for giving opinion to the Administrative Departments on their cases sent for advice on all legal questions arising out of any case, including interpretation of Acts passed by the Provincial Legislature or the Federal Legislature or of the statutes of any other country, or of international law. However, where there is a difference of opinion between the Law Department and the Administrative Department, the advice of Advocate General is obtained by the Law Department at the instance of the latter or before that on its own motion.

3. SOLICITOR SECTION.

It is responsible for examining the case files of various criminal or civil proceedings to be conducted in the Courts of Law in which the State interest is involved or in which Government is made a party. The Law Department issues sanction through this Section, for defending or contesting the cases in the Supreme Court or High Court through the Advocate General and in the Lower Courts through the District Attorneys and Assistant District Attorneys or the Private Counsels. It engages the Private Counsels for defending the State or the Provincial Governments/ Departments in special and important cases on payment of fees with approval of the Provincial Finance Department. This section is also responsible to see into cases decided by the various Courts and wherever necessary advises the Law Officers and the Administrative Departments to file an appeal or revision in this behalf. It maintains the record of reports received from the District Attorneys/Assistant District Attorneys about their work and also issues necessary instructions for their better performance.

4. CODIFICATION SECTION.

This section is responsible for keeping the Federal and the Provincial Laws in up to date and correct form. Various amendments issued from time to time are inserted in the Laws, recorded with the Department. This section is also responsible for printing of Acts, Ordinances, Rules and Regulations of the Government of Balochistan. The following three volumes of “The Balochistan Code” containing provincial enactments from the year 1812 to 1980 have been published by the Law Department and the forth one is under process for publication.

1. Volume-I containing enactments from the year 1812 to 1962.

2. Volume-II containing enactments from the year 1963 to 1969.

3. Volume-III containing enactments from the year1970 to 1980.

4. Volume-IV containing enactments from the year 1981 to 2000 (under process for publication).

5. ADMINISTRATION SECTION.

This section deals with administrative and general nature matters concerning the Law Department and its attached Offices. It is responsible for the preparation of budget of the Department and to maintain it accounts. The pay of the staff, their traveling allowances & medical bills, and grant of leaves etc. are included in its responsibilities. The service matters except those entrusted to Services & General Administration Department of any member of the staff are dealt in this section. All disciplinary actions are taken by this section on complaint against any member of the department in service.

This Section also deals with appointment of Advocate General, District Attorneys, Assistant District Attorneys, and Legal Advisers; defense of pauper accused, their fee etc., and preparation of establishment data required by various Administrative Departments, in addition to general correspondence.

Attached Offices:

Law Department has following attached Departments/Offices:

i. Office of the Advocate General Balochistan, headed by Advocate General Balochistan;

ii. Offices of District Attorneys/Assistant District Attorney.

The functions of the attached departments are as under:

OFFICE OF THE ADVOCATE GENERAL BALOCHISTAN

The Office of Advocate General Balochistan has started its function soon after the dissolution of One Unit in the year 1970. In the Balochistan Government Rules of Business 1976, this office falls under the definition of an Attached Department of the Law Department with Advocate General as its head. The post of the Advocate General is a constitutional one and appointment to the same is by order of the Governor under Article 140 of the Constitution of Islamic Republic of Pakistan. The first appointment to the post was on 17-10-1970 of Mr. Mohammad Ahmed Mirza Advocate Supreme Court of Pakistan.

The Office of Advocate General is responsible to defend the Province in cases filed for and against the Province and Constitutional Petitions and Civil Matters before the High Court and Supreme Court. It represents the State in all the criminal cases before the above said Courts as well as the Federal Shariat Court. It is also responsible to advice the Provincial Government upon such legal matters as referred under the Balochistan Government Rules of Business 1976. The Additional Advocate General and the Assistant Advocate Generals are subordinates to the Advocate General. They appeare in courts on behalf of State and the Provincial Government under the supervision and direction of Advocate General.

The Office of Advocate General Balochistan has a branch office at Sibi for the Balochistan High Court Bench at Sibi. The Assistant Advocate General Sibi is in charge of this Branch.

OFFICES OF DISTRICT ATTORNEYS/ASSISTANT DISTRICT ATTORNEYS

The Officers of these offices are responsible for conducting criminal or civil proceedings instituted in a Court of Law on behalf of the State or Provincial Government or when criminal or civil proceedings are instituted against the State or Provincial Government.

Every trial before the Court of Session ought to be conducted by these officers under section 265-A Cr. P. C. Beside, they are also responsible to pass on challans to the Courts under section 173 Cr. P. C.