AR.KHAN's: Compendium of Service Laws

CONTENTS Sl. Nos.		Page(s)
Foreword……………………………………………………..				(iii)
C HAPTER – I: CIVIL SERVANTS ACT, 1973 ………………..
(i) Constitutional Provisions…………….………..	1		1
(ii) Act No. LXXI of 1973…………………………..	2		2 – 13
(iii) The Civil Servants (Validation of Rules) Ordinance, 2001…………………………….….	3		14 – 15
(iv) Guidelines for Review of Cases of Civil Servants under Section 13(1)(i) of the Civil Servants Act, 1973……………………………..	4 – 5		15 – 20
(v) Clarification Regarding Option of seeking Pre-mature retirement………………………….	6		20
C HAPTER–II:CIVIL SERVANTS (APPOINTMENT, PROMOTION AND TRANSFER) RULES, 1973 AND ANCILLARY INSTRUCTIONS…………….
(i) Appointment, Promotion and Transfer Rules, 1973……………………………………………...	7		21 – 28
(ii) Initial Appointment to Civil Posts (Relaxation of Upper Age Limit) Rules, 1993………………….. (iii) Appointment on Contract Basis……………….	8 9 – 10		29 – 30 31 – 35
(iv) Standard Terms and Conditions of Contract Appointments – Case of Retired Civil Servants, Retired Officers of the Armed Forces, Retired Judges of Superior Courts….	11		36 – 37
(v) Extension in the Period of Contract Appoint-ments for Posts outside the purview of FPSC…..	12 – 15		37 – 39
(vi) Relaxation in Upper Age Limit to persons employed in Government Department on Contract Basis…………………………………..	16		40
(vii) Procedure regarding Appointment in Autonomous/Semi-Autonomous Bodies, under the Federal Government of Pakistan…	17		40 – 42
(viii) Policy Guidelines for Contract Appointments for posts in Autonomous/Semi-Autonomous Bodies, Corporations, Public Sector Companies etc. owned and managed by the Federal Government…………………………...	18		43 – 44

Sl. Nos.		Page(s)
(ix) Guidelines for Appointment of Consultants.	19 – 20		44 – 52
(x) Operational Guidelines for the Administ-ration of Surplus Pool………………………..	21		53 – 55
(xi) Civil Servants (Seniority) Rules, 1993……..	22		56 – 58
(xii) Career Management and Grooming of Officers, NIPA Entrance Examination……...	23 – 24		59 – 63
(xiii) Career Management and Grooming of Officers – Promotion Exam. for Posts in BS-17 & 19……………………………………	25 – 26		63 – 65
(xiv) Promotion related capacity building of Civil Servants in BS-17 to BS-19 of various Occupational Groups………………………..	27		65 – 84
C HAPTER – III: REMOVAL FROM SERVICE (SPECIAL POWERS) ORDINANCE, 2000 AND ANCILLARY INSTRUCTIONS……………
(i) Ordinance No.XVII of 2000…………………. (ii) Delegation of Powers ……………………….	28 29 – 37		85 – 93 94 – 101
(iii) Guidelines/Procedure for Taking Action under Removal from Service (Special Powers) Ordinance 2000…………………….	38		101 – 102
(iv) Clarification in regard to Section 12 and 13 of the Removal From Service (Special Powers) Ordinance, 2000……………………	39		102 – 104
(v) Clarification in regard to Invocation of Rules 3 and 8 of the Government Servants (Efficiency & Discipline) Rules, 1973 after coming into force of the Removal from Service (Special Powers) Ordinance, 2000..	40		104 – 105
(vi) Exemption of Class or Classes of Employees of a Corporation from the Provision of the Removal from Service (Special Powers) Ordinance, 2000…………	41		105 – 107
(vii) Procedure to be followed while taking action under Removal from Service (Special Powers) Ordinance, 2000…………	42		107 – 109
(viii) Disposal of Representation by the Appellate Authority(s) within time limit Prescribed under Section 9(2) of the Removal from Service (Special Powers) Ordinance, 2000………………………………	43		110 – 111

Sl. Nos.		Page(s)
C HAPTER – IV: APPEALS, PETITIONS AND REPRESEN- TATIONS……………………………………...
(i) Civil Servants (Appeal) Rules, 1977………..	44		113 – 117
(ii) Guidelines for Submission of Appeals/ Representations to the Chief Executive/ President………………………………………	45		117 – 118
C HAPTER – V: GOVERNMENT SERVANTS (EFFICIENCY AND DISCIPLINE) RULES, 1973 AND ANCILLARY INSTRUCTIONS ………………
(i) Efficiency and Discipline Rules, 1973……...	46		119 – 126
(ii) Disciplinary Proceedings against Accused Government Servants………………………..	47		126 – 128
(iii) Disciplinary proceedings under Govern-ment servants (E&D) Rules, 1973 against accused Government servants: Furnishing of case material……………………………….	48		129 – 130
(iv) Applicability of the Disciplinary Procee-dings against Dismissed, Removed or Compulsorily Retired Civil Servants………..	49		130
(v) Review of Rule frame work on Efficiency and Discipline of Autonomous Bodies etc. for incorporation of the provisions at par with Article 194 of Civil Services Regulations, as Amended …………………..	50		131 – 134
(vi) Government Policy in regard to Autonomous Bodies established through Resolutions……………………………………	51		134 – 135
C HAPTER – VI: THE FEDERAL PUBLIC SERVICE COMMISSION…………………………..
(i) Constitutional Provisions……………………. (ii) Federal Public Service Commission Ordinance, 1977………………………………	52 53		137 137 – 143
(iii) The Federal Public Service Commission (Functions) Rules, 1978……………………..	54		144 – 148

Sl. Nos.		Page(s)
C HAPTER – VII: THE SERVICE TRIBUNALS……….……
(i) Constitutional provisions……………………. (ii) The Service Tribunals Act, 1973 (Act No. LXX of 1973)…………………………………..	55 56		149 – 150 150 – 154
Annexures
Extracts from the Constitution of the Islamic Republic of Pakistan, 1956…………………. Extracts from the Constitution of the Islamic Republic of Pakistan, 1962…………………. Extracts from the Constitution of the Islamic Republic of Pakistan, 1956…………………. Extracts from the Constitution of the Islamic Republic of Pakistan, 1962………………….	Annex-I Annex-II Annex-III Annex-IV		155 – 158 159 – 161 162 – 166 167 - 171

T ABLE OF CONTENTS S.No.	Law/Rule/Instructions	Sl. No.	Page No.
1.	Constitutional Statutory Provisions	1	1
2.	Civil Servants Act, 1973	2	2 – 12
3.	The Civil Servants (Validation of Rules) Ordinance, 2001	3	13 – 14
4.	Guidelines for Review of Cases of Civil Servants under Section 13(1)(i) of the Civil Servants Act, 1973.	4	14 – 18
5.	Clarification Regarding Option of seeking Pre-mature retirement	5	18 – 19
6.	Civil Servants (Appointment, Promotion and Transfer) Rules, 1973	6	20 – 27
7.	Appointment on Contract Basis	7 – 8	28 – 32
8.	Standard Terms and Conditions of Contract Appointments – Case of Retired Civil Servants, Retired Officers of the Armed Forces, Retired Judges of Superior Courts	9	33 – 34
9.	Extension in the Period of Contract Appointments for Posts outside the purview of FPSC	10 – 13	34 – 36
10.	Relaxation in Upper Age Limit to persons employed in Government Department on Contract Basis	14	37
11.	Procedure regarding Appointment in Autonomous/Semi-Autonomous Bodies, under the Federal Government of Pakistan	15	37 – 39
12.	Policy Guidelines for Contract Appointments for posts in Autonomous/ Semi-Autonomous, Bodies, Corporations, Public Sector Companies etc. owned and managed by the Federal Government	16	40 – 41

S.No.	Law/Rule/Instructions	Sl. No.	Page No.
13.	Guidelines for Review of cases of Civil Servants under Section 13(1)(i) of the Civil Servants Act, 1973 – cases of Autonomous Bodies	17	41 – 42
14.	Guidelines for Appointment of Consultants	18 – 19	43 – 50
15.	Restructuring and Rightsizing of Ministries/Divisions/Departments and Operational Guidelines for the Administration of Surplus Pool	20	51 – 53
16.	Civil Servants (Seniority) Rules, 1993	21	54 – 56
17.	Career Management and Grooming of Officers, NIPA Entrance Examination	22 – 23	57 – 61
18.	Career Management and Grooming of Officers: Promotion Exam for Posts in BS-17 & 19	24 – 25	61 – 63
19.	Promotion related capacity building of Civil Servants in BS-17 to BS-19 of various Occupational Groups	26	63 – 82
20.	Promotion Policy	27 – 30	83 – 104
21.	Clarification regarding quantification of Part ACRs in case of incomplete Record	31 – 39	104 – 113
22.	Proposals for Promotions	40 – 47	113 – 118
23.	Guidelines for submission of proposals for consideration of the Central Selection Board	48 – 50	118 – 128
24.	Guidelines for submission of Proposals for Consideration of Central Selection Board-II (CSB-II)/ Central Selection Board-I (CSB-I)	51	129 – 130
25.	Promotion Policy – cases where disciplinary or departmental proceedings are pending	52	130

S.No.	Law/Rule/Instructions		Sl. No.		Page No.
26.	Procedure for referring cases to the Selection Board		53 – 59		131 – 135
27.	Removal from Service (Special Powers) Ordinance, 2000		60		136 – 144
28.	Delegation of Powers		61 – 69		144 – 151
29.	Guidelines/Procedure for Taking Action under Removal from Service (Special Powers) Ordinance 2000		70		151 – 152
30.	Clarification in regard to Section 12 and 13 of the Removal From Service (Special Powers) Ordinance, 2000		71		152 – 154
31.	Clarification in regard to Invocation of Rules 3 and 8 of the Government Servants (Efficiency & Discipline) Rules, 1973 after coming into force of the Removal from Service (Special Powers) Ordinance, 2000		72		154 – 155
32.	Exemption of Class or Classes of Employees of a Corporation from the Provision of the Removal from Service (Special Powers) Ordinance, 2000		73		155 – 157
33.	Procedure to be followed while taking action under Removal from Service (Special Powers) Ordinance, 2000		74		157 – 159
34.	Disposal of Representation by the Appellate Authority(s) within time limit Prescribed under Section 9(2) of the Removal from Service (Special Powers) Ordinance, 2000		75		160 – 161
35.	Civil Servants (Appeal) Rules, 1977		76		162 – 166
36.	Guidelines for Submission of Appeals/ Representations to the Chief Executive/President		77		166 – 167
37.		Government Servants (Efficiency and Discipline) Rules, 1973		78

S.No.	Law/Rule/Instructions	Sl. No.	Page No.
38.	Disciplinary Proceedings against Accused Government Servants	79	175 – 177
39.	Disciplinary proceedings under Government servants (E&D) Rules, 1973 against accused Government servants: Furnishing of case material	80	178 – 179
40.	Applicability of the DisciplinaryProceedings against Dismissed,Removed or Compulsorily RetiredCivil Servants	81	179
41.	Review of Rule frame work on Efficiency and Discipline of Autonomous Bodies etc. for incorporation of the provisions at par with Article 194 of Civil Services Regulations, as Amended	82	181 – 184
42.	Government Policy in regard to Autonomous Bodies established through Resolutions	83	184 – 185
43.	Constitutional Statutory Provisions	84	186
44.	Federal Public Service Commission Ordinance, 1977	85	186 – 192
45.	Federal Public Service Commission (Composition and Condition of Service) Regulations, 1978	86	193 – 198
46.	Federal Public Service Commission (Functions) Rules, 1978	87	199 – 202
47.	Constitutional Statutory provisions	88	203 – 204
48.	The Service Tribunals Act,1973 (Act No. LXX of 1973)	89	204 – 208

CHAPTER I

CIVIL SERVANTS ACT, 1973

*Constitutional

Provisions

Sl. No. 1:

Extracts from the Constitution of the Islamic Republic

of Pakistan, 1973

Article 240

– Part XII Miscellaneous, Chapter I–

Services.– Subject to the Constitution, the appointments

to and the conditions of service of persons in the service

of Pakistan shall be determined–

(a) in the case of the services of the Federation, posts in

connection with the affairs of the Federation and All

Pakistan Service, by or under Act of **[Majlis-e-

Shoora (Parliament)]; and

(b) in the case of the services of a Province and posts in

connection with the affairs of a Province, by or

under Act of the Provincial Assembly.

Explanation.

–- In this Article, "All-Pakistan Service"

means a service common to the Federation and the

Provinces, which was in existence immediately before

the commencing day or which may be created by Act of

**[Majlis-e-Shoora (Parliament)].

Appointment to

service of Pakistan

and conditions of

service

Article 241

, Ibid.–Until the appropriate Legislature

makes a law under Article 240, all rules & orders in force

immediately before the commencing day shall, so far as

consistent with the provisions of the Constitution,

continue in force and may be amended from time to

time by the Federal Government or, as the case may

be, the Provincial Government.

Existing rules etc.

to continue.

*For the Constitutional Provisions in the Constitutions of Islamic Republic of Pakistan

1956 and 1962, please see Annexures I & II.

**Subs. by P.O. No.14 of 1985, Art. 2 and Sch., for "Parliament".

Civil Servants Act, 1973

(Act No. LXXI of 1973)

Sl. No. 2:

An Act to regulate the appointment of persons to, and the terms

and conditions of service of persons in, the service of Pakistan.

HEREAS it is expedient to regulate by law, the appointment of

persons to, and the terms and conditions of service of persons in, the

service of Pakistan, and to provide for matters connected therewith or

ancillary thereto;

It is hereby enacted as follows:–

Short title, application and commencement.– (1) This Act

may be called the Civil Servants Act, 1973.

(2) It applies to all civil servants wherever they may be.

(3) It shall come into force at once.

CHAPTER I. – PRELIMINARY

Definitions.–(1) In this Act, unless there is anything

repugnant in the subject or context,–

(a)

"ad hoc appointment" means appointment of a duly qualified

person made otherwise than in accordance with the

prescribed method of recruitment, pending recruitment in

accordance with such method;

(b) "civil servant" means a person who is a member of an All-

Pakistan Service or of a civil service of the Federation, or

who holds a civil post in connection with the affairs of the

Federation, including any such post connected with defence,

but does not include–

(i) a person who is on deputation to the Federation from

any Province or other authority;

(ii) a person who is employed on contract, or on workcharged

basis or who is paid from contingencies; or

(iii) a person who is a "worker" or "workman" as defined in

the Factories Act, 1934 (XXV of 1934), or the

Workman's Compensation Act, 1923 (VIII of 1923);

than by promotion or transfer;

(d) "pay" means the amount drawn monthly by a civil servant as

pay and includes technical pay, special pay, personal pay

and other emoluments declared by the prescribed authority

to be pay;

(e) "permanent post" means a post sanctioned without limit of

time;

(f) "prescribed" means prescribed by rules;

(g) "rules" means rules made or deemed to have been made

under this Act;

(h) "selection authority" means the Federal Public Service

Commission, a departmental selection board, departmental

selection committee or other authority or body on the

recommendation of, or in consultation with which any

appointment or promotion, as may be prescribed, is made;

and

(i) "temporary post" means a post other than a permanent post.

(2) For the purposes of this Act, an appointment, whether by

promotion or otherwise, shall be deemed to have been made on

regular basis if it is made in the prescribed manner.

CHAPTER II. – TERMS AND CONDITIONS OF SERVICE OF

CIVIL SERVANTS

Terms and conditions.– [(i)] The terms and conditions of a

civil servant shall be as provided in this Act and the rules.

P P

*[(ii) The terms and conditions of service of any person to whom

this Act applies shall not be varied to his disadvantage].

*Re-numbered and added

vide Civil Servants (Amendment) Act V of 1996, s.2, dated 17-3-1996.

Tenure of office of civil servants.–Every civil servant shall

hold office during the pleasure of the President.

Appointments.–Appointments to an All-Pakistan Service or

to a civil service of the Federation or to a civil post in connection with

the affairs of the Federation, including any civil post connected with

defence, shall be made in the prescribed manner by the President or

by a person authorised by the President in that behalf.

Probation.–(1) An initial appointment to a service or post

referred to in section 5, not being an

ad hoc appointment, shall be on

probation as may be prescribed.

(2) Any appointment of a civil servant by promotion or transfer to

a service or post may also be made on probation as may be

prescribed.

Where, in respect of any service or post, the satisfactory

completion of probation includes the passing of a prescribed

examination, test or course or successful completion of any training,

a person appointed on probation to such service or post who, before

the expiry of the original or extended period of his probation, has

failed to pass such examination or test or to successfully complete

course or the training shall, except as may be prescribed otherwise,–

(a) if he was appointed to such service or post by initial

recruitment, be discharged; or

(b) if he was appointed to such service or post by promotion or

transfer, be reverted to the service or post from which he

was promoted or transferred and against which he holds a

lien or, if there be no such service or post, be discharged:

Provided that, in the case of initial appointment to a service or

post, a civil servant shall not be deemed to have completed his period

of probation satisfactorily until his character and antecedents have

been verified as satisfactory in the opinion of the appointing authority.

Confirmation.–(1) A person appointed on probation shall, on

satisfactory completion of his probation, be eligible for confirmation in

a service or, as the case may be, a post as may be prescribed.

(2) A civil servant promoted to a post *[

B* * B] on regular basis

shall be eligible for confirmation after rendering satisfactory service

for the period prescribed for confirmation therein.

(3) There shall be no confirmation against any temporary post.

(4) A civil servant who, during the period of his service, was

eligible to be confirmed in any service or against any post retires from

service before being confirmed shall not, merely by reason of such

retirement, be refused confirmation in such service or post or any

benefits accruing therefrom.

(5) Confirmation of a civil servant in a service or post shall take

effect from the date of occurrence of permanent vacancy in that

service or post or from the date of continuous officiation, in such

service or post, whichever is later.

Seniority.–(1) For proper administration of a service, cadre

or *[post] the appointing authority shall cause a seniority list of the

members for the time being of such service, cadre or *[post] to be

prepared, but nothing herein contained shall be construed to confer

any vested right to a particular seniority in such service, cadre or

*[post], as the case may be.

(2) Subject to the provisions of sub-section (1), the seniority of a

civil servant shall be reckoned in relation to other civil servants

belonging to the same *[service or cadre] whether serving in the

same department or office or not, as may be prescribed.

(3) Seniority on initial appointment to a service, cadre or post

shall be determined as may be prescribed.

(4) Seniority in *[a post, service or cadre] to which a civil servant

is promoted shall take effect from the date of regular appointment to

that post:

Provided that civil servants who are selected for promotion to a

higher *[post] in one batch shall, on their promotion to the higher

*[post], retain their

inter se seniority as in the lower *[post].

*The words "or Grade" omitted and subs

vide Civil Servants (Amendment) Ordinance No.III of 1984

(w.e.f.1-7-1983).

Promotion.–(1) A civil servant possessing such minimum

qualifications as may be prescribed shall be eligible for promotion to a

*[higher] post for the time being reserved under the rules for

departmental promotion in **[ ] the service or cadre to which he

belongs***[:]

***[“Provided that the posts of–

(a) Additional Secretary and Senior Joint Secretary may, in

the public interest, be filled by promotion from amongst

officers of regularly constituted Occupational Groups and

services holding, on regular basis, posts in Basic Pay

Scale 20; and

(b) Secretary may, in the public interest, be filled by

promotion from amongst officers of regularly constituted

Occupational Groups and services holding, on regular

basis, posts in Basic Pay Scale 21;

In such manner and subject to such conditions as may be

prescribed.]

(2) A post referred to in sub-section (1) may either be a selection

post or a non 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; and

(b) in the case of a non-selection post, on the basis of

seniority-

cum-fitness.

[(3) Promotion to posts in basic pay scales 20 and 21 and

equivalent shall be made on the recommendations of a Selection

Board which shall be headed by the Chairman, Federal Public

Service Commission].

10.

Posting and transfer.–Every civil servant shall be liable to

serve any where within or outside Pakistan, in any

[equivalent

or higher] post under the Federal Government, or any Provincial

*Subs

vide Civil Servants (Amendment) Ordinance No.III of 1984 (w.e.f.1-7-1983).

**Omitted

vide Civil Servants (Amendment) Ordinance No. III of 1984, s.4, (w.e.f. 1-7-1983).

***Subs and added

vide Civil Servants (Amendment) Ordinance No.XXXIII of 2001, dated 4-8-2001.

Added vide Civil Servants (Amendment) Ordinance No.XLIII of 2000, dated 6-7-2000.

Ins. vide Civil Servants (Amendment) Act V of 1996, s.3, dated 17-3-1996.

Government or local authority, or a corporation or body set up or

established by any such Government:

Provided that nothing contained in this section shall apply to a

civil servant recruited specifically to serve in a particular area or

region:

Provided further that, where a civil servant is required to serve in

a post outside his service or cadre, his terms and conditions of

service as to his pay shall not be less favourable than those to which

he would have been entitled if he had not been so required to serve.

11.

Termination of Service.–(1) The service of a civil servant

may be terminated without notice–

(i) during the initial or extended period of his probation:

Provided that, where such civil servant is appointed by promotion

on probation or, as the case may be, is transferred from one

*[service], cadre or post to another *[service] cadre or post, his

service shall not be so terminated so long as he holds a lien against

his former post in such *[service] cadre or post but he shall be

reverted to his former *[service], cadre or post as the case may be;

(ii) on the expiry of the initial or extended period of his

employment; or

(iii) if the appointment is made

ad hoc terminable on the

appointment of a person on the recommendation of the

selection authority, on the appointment of such person.

(2) Where, on the abolition of a post or reduction in the number

of posts in a cadre or *[service] the services of a civil servant are

required to be terminated, the person whose services are terminated

shall ordinarily be the one who is the most junior in such cadre or

*[service].

(3) Notwithstanding the provisions of sub-section (1), but subject

to the provisions of sub-section (2), the service of a civil servant in

temporary employment or appointed

ad hoc shall be liable to

termination on fourteen days' notice or pay in lieu thereof.

**[11A.

Absorption of civil servants rendered surplus.–-

Notwithstanding anything contained in this Act, the rules,

agreement, contract or the terms and conditions of service, a civil

servant who is rendered surplus as a result of re-organization

or abolition of a Division, department, office or abolition of a post in

*Subs

vide Civil Servants (Amendment) Ordinance No. III of 1984 (w.e.f. 1-7-1983).

**Inserted

vide Civil Servants (Amendment) Ordinance No. XX of 2001.

pursuance of any Government decision may be appointed to a

post, carrying basic pay scale equal to the post held by him before

such appointment, if he possesses the qualifications and fulfils

other conditions applicable to that post:

Provided that where no equivalent post is available he may be

offered a lower post in such manner, and subject to such conditions,

as may be prescribed and where such civil servant is appointed to a

lower post the pay being drawn by him in the higher post immediately

preceding his appointment to a lower post shall remain protected].

P P

*[11B. (1) Where it is brought to the notice of the appointing

authority that appointment of a person to a civil post was made

without observing the prescribed procedure or without fulfilling the

prescribed qualification, experience and age limit, it may send a

reference to the Federal Public Service Commission for determination

whether he is fit to hold the post to which he was appointed and, if

not, whether he is fit to hold any other post compatible with his

qualification and experience.

(2) On receipt of the advice of the Federal Public Service

Commission on a reference made under sub-section (1), the

appointing authority may pass such order of appointment or

termination of service as may be considered by it to be just and

equitable:

Provided that if it is proposed to pass order of termination of

service in the light of the advice of the Commission, a reasonable

opportunity of showing cause against the order of termination, shall

be provided.

(3) Where an order of appointment is made on the advice of the

Commission, it shall be treated as a case of fresh appointment and

seniority of such an appointee shall be determined in accordance with

the Civil Servants (Seniority) Rules, 1993].

12. **[

Reversion to a lower post etc.–-(1) A civil servant

appointed to a higher post on

ad hoc, temporary or officiating basis

shall be liable to reversion to his lower post.

(2) No civil servant shall be dismissed or removed from service

or reduced in rank by an authority subordinate to that by which he

was appointed.

*Added

vide Civil Servants (Amendment) Ordinance No.CXXX of 2002 promulgated on 13.11.2002.

**Subs

vide Civil Servants (Amendment) Act V of 1996, s.4, dated 17-3-1996.

(3) No such civil servant as aforesaid shall be dismissed or

removed from service, or reduced in rank, until he has been given a

reasonable opportunity of showing cause against the action proposed

to be taken against him:

Provided that this sub-section shall not apply: –-

(i) Where a civil servant is dismissed or removed from service or

reduced in rank on the ground of conduct which has led to his

conviction on a criminal charge; or

(ii) Where the President or any person authorised by him under

the rules is satisfied, for reasons to be recorded in writing, that

in the interest of the security of Pakistan or any part thereof, it

is not expedient to give to that civil servant such an

opportunity].

P P

12-A. *[Certain persons to be liable to removal, etc.–

Notwithstanding anything contained in this Act or in the terms and

conditions of a civil servant appointed or promoted during the period

from the first day of January, 1972, to the fifth day of July, 1977, the

President or a person authorised by him in this behalf may,–-

(a) without notice, remove such a civil servant from service or

revert him to his lower post **[

B* * B] as the case may be, on

such date as the President or, as the case may be, the

person so authorised may, in the public interest, direct; or

(b) in a case where the appointment or promotion of such a

civil servant is found by the President or, as the case may

be, the person so authorised to suffer from a deficiency in

the minimum length of service prescribed for promotion or

appointment to the higher grade, direct, without notice, that

seniority in such case shall count from the date the civil

servant completes the minimum length of service in such

appointment or promotion, as the case may be].

*Subs

vide Civil Servants (Amendment) Ordinance No. XXXIV of 1980.

Note.– Persons whose service have been terminated under section 12-A of the Civil Servants Act, 1973

are not disqualified from future employment under Government

vide Estt. Division O.M. No.4/9/78-Rev.I,

dated 22-1-1984.

**The words "or Grade" omitted

vide Civil Servants (Amendment) Ordinance No.III of 1984.

13. *[Retirement from service.–-(1) A civil servant shall retire

from service–-

(i) on such date after he has completed **[twenty] years of

service qualifying for pension or other retirement benefits as

the competent authority may, in public interest, direct; or

(ii) where no direction is given under clause (i), on the

completion of the sixtieth year of his age.

(2) No direction under clause (i) of sub-section (1) shall be made

until the civil servant has been informed in writing of the grounds on

which it is proposed to make the direction, and has been given a

reasonable opportunity of showing cause against the said direction.

Explanation

: In this Section, “competent authority” means the

appointing authority prescribed in rule 6 of the Civil Servants

(Appointment, Promotion and Transfer) Rules, 1973].

14.

Employment after retirement.–-(1) A retired civil servant

shall not be re-employed under the Federal Government, unless such

re-employment is necessary in the public interest and is made with

the prior approval of the authority next above the appointing authority:

Provided that, where the appointing authority is the President,

such re-employment may be ordered with the approval of the

President.

(2) Subject to the provisions of sub-section (1) of section 3 of the

-Government Servants (Employment with Foreign Governments)

(Prohibition) Act, 1966 (XII of 1966), a civil servant may, during leave

preparatory to retirement, or after retirement from Government

service, seek any private employment:

Provided that, where employment is sought by a civil servant

while on leave preparatory to retirement or within two years of the

date of his retirement, he shall obtain the prior approval of the

prescribed authority.

*Subs

vide Civil Servants (Amendment) Ordinance No.XX of 2000, dated 1-6-2000.

**Subs

vide Civil Servants (Amendment) Ordinance No. XXXIV of 2001, promulgated on 4-8-2001.

15.

Conduct.–-The conduct of a civil servant shall be regulated

by rules made, or instructions issued, by Government or a prescribed

authority, whether generally or in respect of a specified group or class

of civil servants.

16.

Efficiency and discipline.–-A civil servant shall be liable to

prescribed disciplinary action and penalties in accordance with the

prescribed procedure.

17.

Pay.–A civil servant appointed to a post *[ B* * B] shall be

entitled, in accordance with the rules, to the pay sanctioned for such

post *[

B* *B ]:

Provided that, when the appointment is made on a currentcharge

basis or by way of additional charge, his pay shall be fixed in

the prescribed manner:

Provided further that where a civil servant has, under an order

which is later set aside, been dismissed or removed from service or

reduced in rank, he shall, on the setting aside of such order, be

entitled to such arrears of pay as the authority setting aside such

order may determine.

18.

Leave.–A civil servant shall be allowed leave in accordance

with the leave rules applicable to him, provided that the grant of leave

will depend on the exigencies of service and be at the discretion of

the competent authority.

19.

Pension and Gratuity.–-(1) On retirement from service, a

civil servant shall be entitled to receive such pension or gratuity as

may be prescribed.

(2) In the event of the death of a civil servant, whether before or

after retirement, his family shall be entitled to receive such pension,

or gratuity, or both, as may be prescribed.

(3) No pension shall be admissible to a civil servant who is

dismissed or removed from service for reasons of discipline, but

Government may sanction compassionate allowance to such a civil

servant, not exceeding two-thirds of the pension or gratuity which

would have been admissible to him had he been invalided from

service on the date of such dismissal or removal.

The words "or Grade" Omitted vide Civil Servants (Amendment) Ordinance No.III of 1984,

w.e.f. 1-7-1983.

(4) If the determination of the amount of pension or gratuity

admissible to a civil servant is delayed beyond one month of the date

of his retirement or death, he or his family, as the case may be, shall

be paid provisionally such anticipatory pension or gratuity as may be

determined by the prescribed authority, according to the length of

service of the civil servant which qualifies for pension or gratuity; and

any over payment consequent on such provisional payment shall be

adjusted against the amount of pension or gratuity finally determined

as payable to such civil servant or his family.

20.

Provident Fund.–-(1) Before the expiry of the third month of

every financial year, the accounts officer or other officer required to

maintain provident fund accounts shall furnish to every civil servant

subscribing to a provident fund the account of which he is required to

maintain a statement under his hand showing the subscriptions to,

including the interests accruing thereon, if any, and withdrawals or

advances from his provident fund during the preceding financial year.

(2) Where any subscription made by a civil servant to his

provident fund has not been shown or credited in the account by the

accounts or other officer required to maintain such account, such

subscription shall be credited to the account of the civil servant on the

basis of such evidence as may be prescribed.

21.

Benevolent Fund and Group Insurance.–-All civil servants

and their families shall be entitled to the benefits admissible under the

Central Employees Benevolent Fund and Group Insurance Act, 1969

(Il of 1969), and the rules made thereunder.

22.

Right of appeal or representation.–-(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 applicable to him, such appeal or application shall,

except 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 of any order or class of orders, 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:

Provided that no representation shall lie on matters relating to the

determination of fitness of a person to hold a particular post or to be

promoted to a higher post or grade.

CHAPTER III.–-MISCELLANEOUS

23.

Saving.–-Nothing in this Act or in any rule shall be construed

to limit or abridge the power of the President to deal with the case of

any civil servant in such manner as may appear to him to be just and

equitable:

Provided that, where this Act or any rule is applicable to the case

of a civil servant, the case shall not be dealt with in any manner less

favourable to him than that provided by this Act or such rule.

*[23A.

Indemnity.–-No suit, prosecution or other legal proceedings

shall lie against a civil servant for anything done in his official

capacity which is in good faith done or intended to be done under this

Act or the rules, instructions or directions made or issued thereunder.

23B.

Jurisdiction barred.–-Save as provided under this Act and

the Service Tribunals Act, 1973 (LXX of 1973), or the rules made

thereunder, no order made or proceedings taken under this Act, or

the rules made thereunder by the President or any officer authorized

by him shall be called in question in any Court and no injunction shall

be granted by any Court in respect of any decision made, or

proceedings taken in pursuance of any power conferred by, or under,

this Act or the rules made thereunder].

24.

Removal of difficulties.–-If any difficulty arises in giving effect

to any of the provisions of this Act, the President may make such

order, not inconsistent with the provisions of this Act, as may appear to

him to be necessary for the purpose of removing the difficulty:

Provided that no such power shall be exercised after the expiry of

one year from the coming into force of this Act.

CHAPTER IV.– RULES

25.

Rules.–-(1) The President or any person authorised by the

President in this behalf, may make such rules as appear to him to be

necessary or expedient for carrying out the purposes of this Act.

(2) Any rules, orders or instructions in respect of any terms and

conditions of service of civil servants duly made or issued by an

authority competent to make them and in force immediately before

the commencement of this Act shall, in so far as such rules, orders or

instructions are not inconsistent with the provisions of this Act, be

deemed to be rules made under this Act.

26. Repeal

.–-The Civil Servants Ordinance, 1973 (XIV of 1973),

is hereby repealed.

*Added

vide Civil Servants (Amendment) Ordinance No.LXI of 2001 dated 7-11-2001.

The Civil Servants

(Validation of Rules)

Ordinance, 2001

Sl. No.3:

RDINANCE NO.II OF 2001

RDINANCE

To validate certain rules made under the Civil Servants Act, 1973 and

certain actions taken thereunder–

HEREAS it is expedient to validate certain rules made under the

Civil Servants Act, 1973 (LXXIII of 1973), for the purpose hereinafter

appearing;

ND WHEREAS the National Assembly and the Senate stand

suspended in pursuance of the Proclamation of Emergency of the

fourteenth day of October 1999, and the Provisional Constitution

Order No. 1 of 1999;

ND WHEREAS the President is satisfied that circumstances exist

which render it necessary to take immediate action;

OW, THEREFORE, in pursuance of the Proclamation of

Emergency of the fourteenth day of October, 1999, and the

Provisional Constitution Order No.1 of 1999, read with the Provisional

Constitution (Amendment) Order No.9 of 1999, and in exercise of all

powers enabling him in that behalf, the President of the Islamic

Republic of Pakistan is pleased to make and promulgate the following

Ordinance:–

Short title and commencement.–(1) This Ordinance may

be called the Civil Servants (Validation of Rules) Ordinance, 2001.

(2) It shall come into force at once.

Validation of certain rules.–(1) The Civil Servants

Occupational Groups and Services (Probation, Training and

Seniority) Rules, 1990, the Civil Servants (Seniority) Rules, 1993 and

the Civil Servants (Confirmation) Rules, 1993 and all notifications

amending the aforesaid Rules immediately before the

commencement of the Ordinance are hereby affirmed and shall be

deemed always to have been validly made.

(2) All orders made, proceedings taken, acts done, instructions

issued, powers exercised, appointments made thereunder by any

authority which were made, taken, done or purported to have been

made, taken, done, issued, or exercised immediately before the

commencement of this Ordinance shall be deemed to have been

validly made, taken, done, issued or exercised and deemed always to

have had effect accordingly.

MUHAMMAD RAFIQ TARAR

President.

Guidelines for Review of Cases of

Civil Servants under Section 13(1)(i)

of the Civil Servants Act, 1973

Sl. No. 4:

Section 13 of the Civil Servants Act, 1973, as amended

vide

Civil Servants (Amendments) Ordinance, 2000 lays down as

under:–-

“(1) A civil servant shall retire from service–-

(i) On such date after he has completed *[twenty] years

of service for pension or other retirement benefits as

the competent authority may, in public interest,

direct; or

(ii) Where no direction is given under clause (i), on the

completion of the sixtieth year of his age.

(2) No direction under clause (i) of sub-section (1) shall be

made until the civil servant has been informed in writing

of the grounds on which it is proposed to make the

direction, and has been given a reasonable opportunity of

showing cause against the said direction”.

Explanation:

It this Section, “competent authority” means the

appointing authority prescribed in rule 6 of the Civil

Servants (Appointment, Promotion & Transfer) Rules,

1973.

2. The guidelines approved by the Chief Executive for review

of cases under Section 13(1)(i) of the Civil Servants Act, 1973 are

given in the succeeding paragraphs.

3. When it comes to the notice of the competent authority that

a civil servant has,

prima facie, ceased to be efficient and that

action is warranted against him under Section 13(1)(i) of the Civil

Servants Act, 1973, it shall cause the case to be referred to a

Review Committee stating the facts of the case along with

supporting documentary evidence, if any, service record of the

*Subs.

vide Ordinance No.XXXIV of 2001, promulgated on 4-8-2001.

person in the form attached as Annex-I, and such other record as

may be considered relevant to a case for the purpose of making a

recommendation about his suitability for further retention in service.

4. The Review Committee for officers of BS-20 and above

may comprise the following:–-

(i) Cabinet Secretary Chairperson (

by name)

(ii) Establishment Secretary Member (

ex-officio)

(iii) Secretary of Ministry/ Member (

ex-officio)

Division concerned.

(iv) Head of Department/Office Member (

Co-opted)

(Incharge of the service,

group, cadre, etc.).

(v) Addl.Secretary/Joint Secretary Secretary

Establishment Division.

5. The Secretary of the concerned administrative Ministry/

Division has been authorized to constitute Review Committees for

officers of BS-19 and below subject to the proviso that each Review

Committee should include a representative of Establishment

Division as a Member of the Committee.

6. The Review Committees should examine the cases

referred to them, and the Committees may recommend retirement

in the following cases:–-

(a) Where two or more penalties under the Government

Servants (Efficiency & Discipline) Rules, 1973, have been

imposed on a civil servant.

(b) Where overall grading of the ACRs is Average, and/or

where adverse remarks in regard to acceptance of

responsibility, integrity, reliability, output of work and

behaviour with the public were recorded in the ACRs (duly

conveyed to the concerned civil servant and his

representation against it finalized, as per rules).

supersession by the Selection Board/DPC and the

recommendation of the Selection Board/DPC is approved

by the competent authority.

(d) Where other specific and cogent grounds, including the

following, may warrant retirement of a civil servant:–-

(i) persistent reputation of being corrupt;

(ii) possessing pecuniary resources and/or property etc.

disproportionate to his known sources of income; and

(iii) frequent unauthorized absence from duty.

7. Where the Review Committee recommends retirement of a

civil servant, specific reasons for doing so should be given. The

recommendation of the Committee should be submitted for the

approval of the competent authority. If the competent authority

agrees with the recommendation of the Committee, a show cause

notice shall be issued to the civil servant under sub-section (2) of

Section 13 of the Civil Servants Act, 1973. After receipt of reply to

the show cause notice the competent authority shall take the final

decision.

8. The above instructions may also be brought to the notice of

all Attached Departments and Subordinate Offices.

[

Authority.– Establishment Division O.M. No.3/8/2000-R.2, dated 27-7-2000].

Annexure-I

PROFORMA FOR REVIEW OF SERVICE RECORD OF CIVIL

SERVANTS,ON COMPLETION OF *[20] YEARS QUALIFYING

SERVICE FOR PENSION

(1) Name

(2) Date of Birth

(3) Educational qualifications

(4) Name of the Post/Department

(5) Name of the Cadre/Group or Service

(6) Date of joining government service

(7) Details of pre-service and in service training

(8) Date of promotion to the present post.

(9) Date of completion of *[20] years service qualifying for

pension

(10) Details of Service Record.

(a) Synopsis of ACR

Assessment made in the ACR about

Year Overall

Assessment

Quantity and out

put of work

Integrity Fitness for promotion

(a) (b) (c)

1 2 3

(b) Pen picture recorded in the ACRs during last five

years.

Government Servants (Efficiency and Discipline)

Rules, 1973:–-

Name of PenaltyU UGrounds of PenaltyU UNo.and date of penaltyU

Imposing order.

*Subs.

vide Ordinance No.XXXIV of 2001, Promulgated on 4-8-2001.

(d) Particulars of adverse remarks in regard to

acceptance of responsibility, integrity, reliability, out

put of work and behaviour with the public recorded in

the ACRs (duly conveyed to the concerned civil

servant and his representation against it finalized, as

per rules).

(e) Particulars of supersessions in which Selection

Board/Departmental Promotion Committee twice

recommended supersession of a civil servant and the

recommendation of the Selection Board/DPC was

approved by the competent authority.

Signature

Name

Designation of the

Officer authenticating

the information.

Sl. No.5:

Queries have been raised by different quarters whether review

exercise for retirement of Civil Servants is also applicable to the

employees of Autonomous Bodies or not and whether the

provisions of the Civil Servants Act, 1973 and amendments therein

are also applicable to them or not. The position is clarified as

under:–

(i) Supreme Court in their judgment in Civil Appeals

Nos. 154 and 155 of 1988 held that organizations

established through Resolutions were not bodies

corporate but government departments and their

employees were held to be civil servants. In the light of

the aforesaid decision of the Supreme Court Civil

Servants Act. 1973 and the rules made thereunder are

applicable to the employees of organizations

established through Resolutions.

(ii) In case of Autonomous bodies which are bodies

corporate and are administered or controlled by Federal

Government, and have their own Service Rules/

Regulations, it is necessary to make enabling provision

in their Service Rules/Regulations on the lines of

Section 13(1)(i) of Civil Servants Act, 1973.

2. Ministries/Divisions are advised to take necessary

action for making enabling provision in the Service Rules/

Regulations of Bodies Corporate which are under their

administrative control.

[

Authority.– Establishment Division O.M.No.8/31/2000-R.3, dated 11-10-2000].

Clarification regarding

Option of Seeking Pre-mature

retirement

Sl. No. 6:

The amended Section 13(1)(i) of the Civil Servants Act, 1973

lays down that–

“(1) a civil servant shall retire from service–

(i) On such date after he has completed twenty years of

service qualifying for pension and other retirement

benefits as the competent authority may, in public

interest, direct.”

2. However, queries have been received in the Establishment

Division soliciting advice on the point as to whether, or not, a civil

servant can seek voluntary retirement on completion of twenty years

of service qualifying for pension and other retiring benefits under

Section 13(1)(i) of the Civil Servants Act, 1973?

3. As such, it is clarified that there is no provision in the Civil

Servants Act, 1973 under which a civil servant can seek voluntary

retirement

on completion of twenty years of service qualifying for

pension and other retirement benefits. However, all Government

servants have the right to seek retirement – if they so desire –

on the

completion of twenty five years service

qualifying for pension and

other retirement benefits (under CSR 465-B). This right is, however,

subject to the provisions of the Essential Services Maintenance Act

and is not available to a civil servant against whom the departmental

inquiry/proceedings are pending.

4. All the Ministries/Divisions are requested to bring the above

clarification to the notice of the Attached Departments and

Subordinate Offices under their administrative control.

[

Authority.– Establishment Division O.M.No.3/8/2000/R.2, dated 22-10-2001].

CHAPTER II

CIVIL SERVANTS (APPOINTMENT, PROMOTION AND

TRANSFER) RULES, 1973 AND ANCILLARY INSTRUCTIONS

Appointment, Promotion

and Transfer Rules, 1973

Sl. No. 7:

In exercise of the powers conferred by section 25 of the Civil

Servants Act, 1973 (LXXI of 1973), the President is pleased to make

the following rules, namely:–-

ART I –- GENERAL

1. These rules may be called the Civil Servants (Appointment,

Promotion and Transfer) Rules, 1973.

2. In these rules, unless there is anything repugnant in the

subject or context,–

(a) "appointing authority", in relation to a post means the

person authorized under rule 6 to make appointment to

that post;

P P

(b) *["selection board" means a Board constituted by the

Federal Government, for the purpose of selection for

promotion or transfer to posts in basic pay scales 19 to

21 and equivalent, consisting of such persons as may

be appointed by Government from time to time].

Commission;

(d) *[“departmental promotion committee” means a

Committee constituted for the purpose of making

selection for promotion or transfer to posts under a

Ministry, Division, Department or Office of the Federal

Government in basic pay scales 18 and below and

equivalent; and].

*Subs

vide Establishment Division Notification S.R.O. No.430(I)/2000, dated 26-6-2000.

(e) *["departmental selection committee" means a

Committee constituted for the purpose of making

selection for initial appointment to posts under a

Ministry, Division, Department or Office of the Federal

Government in basic pay scales 1 and above other

than appointments which fall within the purview of the

Federal Public Service Commission under rule 3 of

the Federal Public Service Commission (Functions)

Rules, 1978; and]

(f)

B B**[Omitted].

3. (1) Appointments to posts shall be made by any of the

following methods, namely:–

(a) ***[by promotion [

B* * * *B] in accordance with Part II of

these rules;

(b) by transfer in accordance with Part II of these rules,

and

these rules].

(2) The method of appointment and the qualifications and other

conditions applicable to a post shall be as laid down by the Ministry or

Division concerned in consultation with the Establishment Division.

B PB

[(3) "Notwithstanding anything contained in sub-rule(I), or the

method of appointment laid down in the recruitment rules, a person

who is rendered surplus as a result of the reorganization or abolition of

a Division, Department, Office or permanent post in pursuance of any

Government decision or as a measure of economy may be appointed

to a post in the basic pay scale to which he belonged, if he possesses

the qualifications, and fulfils other conditions, applicable to that post"].

[(4) Where a person referred to in sub-rule (3),–-

(i) possesses educational qualifications which are

considered interchangeable with, or equivalent to, the

qualification prescribed in the relevant recruitment

rules; or

*Subs

vide Establishment Division Notification S.R.O. No.430(I)/2000, dated 26-6-2000.

**Omitted clause (f)

vide Establishment Division Notification S.R.O. No. 146(I)/84, dated 9-2-1984.

***Subs

vide Establishment Division Notification S.R.O. No.742(I)/2002, dated 28-10-2002.

Added vide Establishment Division Notification S.R.O. No. 57(1)/93, dated 25-1-1993.

Added vide Establishment Division Notification S.R.O. No. 961(1)/99, dated 25-8-1999.

(ii) fulfils the prescribed qualifications and the conditions

for initial appointment to the post in the relevant rules

except the condition relating to prescribed experience,

the appointing authority may, for reasons to be recorded in writing,

relax the requirement of educational qualifications or, as the case

may be, the prescribed experience].

4. (1) In each Ministry, Division, Department or Office of the

Federal Government, there shall be one or more Departmental

Promotion Committees, and Departmental Selection Committees, the

composition of which shall be determined by the Ministry or Division

concerned in consultation with the Establishment Division.

(2) Each such Committee shall consist of at least three members

one of whom shall be appointed Chairman.

5. Where an appointing authority for *[posts in basic pay scales

15 and below and equivalent] does not accept the recommendation

of a Departmental Selection or Departmental Promotion Committee, it

shall record reasons therefor and obtain orders of the next higher

authority.

P P

**[6. ***[(1)] The appointing authority specified in column (3) of

the table below shall be competent to make appointment to the

various posts in the basic pay scales specified in column (2) of that

table.

ABLE

S.No. Basic pay scale of posts Appointing Authority

1 2 3

(1) Posts in basic pay scales 20

and above or equivalent.

[Prime Minister].

(2) Posts in basic pay scales 17 to

19 or equivalent.

Secretary of the Ministry or Division

concerned.

(3) Posts in basic pay scale 16 or

equivalent.

An officer notified by the Secretary of

the Ministry or Division concerned.

(4) Posts in basic pay scales 3 to

15 or equivalent.

An officer notified by the Secretary of

the Ministry or Division concerned.

(5) Posts in basic pay scales 1 and

2 or equivalent.

An officer notified by the Secretary of

the Ministry or Division concerned].

*Added

vide Establishment Division Notification S.R.O. No.961(I)/99, dated 25-8-1999.

** Subs.

vide Establishment Division Notification S.R.O.No.276(I)/2000, dated 25-5-2000.

***Renumbered

vide Establishment Division Notification S.R.O. No.829(I)/2000, dated 16-11-2000.

Subs vide Establishment Division Notification S.R.O. No.1(I)/2003, dated 1-1-2003 w.e.f. 23.11.2002.

*[Provided that appointment to posts in Basic Pay Scales 20 and

above or equivalent in the President’s Secretariat shall be made by

the President].

**[(2) Notwithstanding anything contained in sub-rule (1), the

Appointing Authority specified in column (4) of the table below shall

be competent to make appointments to the posts specified in column

(3) of that table in the department specified in column (2) thereof.

ABLE

Sl.

No.

Name of Department Basic Pay Scale of posts Appointing Authority

1 2 3 4

1. Pakistan Audit Department

and Officers of Inter-

Departmental Cadre of

Pakistan Audit & Accounts

Group

(i) 17 to 19 or equivalent.

(ii) 16 or equivalent.

(iii) 3 to 15 or equivalent.

(iv) 1 to 2 or equivalent.

Auditor-General of Pakistan.

An officer notified by the

Auditor-General of Pakistan.

An officer notified by the

Auditor-General of Pakistan.

An officer notified by the

Auditor-General of Pakistan].

***

[2. Intelligence Bureau (i) 17-19 or equivalent

(ii) 1-16 or equivalent

Director-General Intelligence

Bureau.

Officer(s) notified by the Director

General, Intelligence Bureau].

PART II –- APPOINTMENTS BY PROMOTION OR TRANSFER

[Promotions and transfer to posts in basic pay scales 2 to

18 and equivalent shall be made on the recommendation of the

appropriate Departmental Promotion Committee and promotions and

transfer to posts in basic pay scales 19 to 21 and equivalent shall be

made on the recommendation of the Selection Boards].

8. Only such persons as possess the qualifications and meet

the conditions laid down for the purpose of promotion or transfer to a

post shall be considered by the Departmental Promotion Committee

or the Central Selection Board, as the case may be.

[8-A. No promotion on regular basis shall be made to posts in

basic pay scales

@@@

[17] to 22 and equivalent unless the officer

concerned has completed such minimum length of service, attended

such training and passed such departmental examination, as may be

prescribed from time to time].

* Added

vide Establishment Division Notification S.R.O. No.607(I)/2002, dated 10-9-2002.

**Added

vide Establishment Division Notification S.R.O. No.829(I)/2000, dated 16-11-2000.

***Added

vide Establishment Division Notification S.R.O. No.891(I)/2000, dated 14-12-2000.

Subs vide Establishment Division Notification S.R.O. No.430(I)/2000, dated 26-6-2000.

Subs vide Establishment Division Notification S.R.O. No.850(I)/98, dated 25-7-1998.

@@@

Amended vide Establishment Division Notification S.R.O. No.835(I)/2000, dated 17-11-2000.

P P

8-B. (1) Where the appointing authority considers it to be in the

public interest to fill a post reserved under the rules for departmental

promotion and the most senior civil servant belonging to the cadre or

service concerned who is otherwise eligible for promotion does not

possess the specified length of service the authority may appoint him

to that post on acting charge basis.

(2) *[omitted ]

(3) In the case of a post in **[basic pay scales 17 to 22 and

equivalent], reserved under the rules to be filled by initial

appointment, where the appointing authority is satisfied that no

suitable officer

[drawing pay in basic pay scale] in which the post

exists is available in that category to fill the post and it is expedient to

fill the post, it may appoint to that post on acting charge basis the

most senior officer otherwise eligible for promotion in the

organization, cadre or service, as the case may be, in excess of the

promotion quota.

(4) Acting charge appointment shall be made against posts

which are likely to fall vacant for a period of six months or more.

Against vacancies occurring for less than six months, current charge

appointment may be made according to the orders issued from time

to time.

(5) Appointment on acting charge basis shall be made on the

recommendations of the Departmental Promotion Committee or the

Central Selection Board, as the case may be, same in the case of

**[post in basic pay scale 22 and equivalent].

(6) Acting charge appointment shall not amount to appointment

by promotion on regular basis for any purpose including seniority.

(7) Acting charge appointment shall not confer any vested right

for regular promotion to the post [ ] held on acting charge basis.

9. Appointments by transfer shall be made from amongst the

persons holding appointment on a regular basis in **[posts in the

same basic pay scale or equivalent to or identical with the posts to be

filled].

*Omitted

vide Establishment Division Notification S.R.O No.269(I)/2000, dated 19-5-2000.

**Subs

vide Establishment Division Notification S.R.O. No. 146(I)/84, dated 9-2-1984.

PART III

INITIAL APPOINTMENT

P P

10. *[Initial appointment to posts in the All-Pakistan Services, the

Civil Services of the Federation and all posts in connection with the

affairs of the Federation in basic pay scales 16 & above or equivalent

and the posts in basic pay scales 11 to 15 or equivalent, in–

(1) The Federal Secretariat;

(2) The Central Board of Revenues;

(3) The Federal Investigation Agency;

(4) The Anti-Narcotics Force;

(5) The Pakistan Railways;

(6) The Directorate General of Immigration & Passports;

(7) The Export Promotion Bureau;

(8) The Islamabad Capital Territory Administration;

(9) The Bureau of Immigration & Overseas Employment;

(10) The Estate Office;

(11) The organizations, except autonomous bodies, under the

Ministry of Health and the Ministry of Education;

except those which, under the Federal Public Service Commission

(Functions) Rules, 1978, do not fall within the purview of the

Commission, shall be made on the basis of tests and examinations to be

conducted by the Commission].

P P

11. *[Initial appointments to posts in basic pay scales 1 to 15 and

equivalent, other than those mentioned in rule 10 shall be made on the

recommendations of the Departmental Selection Committee after the

vacancies have been advertised in newspapers].

12. A candidate for initial appointment to a post must possess the

educational qualifications and experience and, except as provided in the

rules framed for the purpose of relaxation of age limit, must be within the

age limit as laid down for the post **[ ]:

P P

**[Provided that unless otherwise specified in the method of

appointment, qualifications and other conditions applicable to a post as

laid down under sub rule (2) of rule 3, the experience prescribed for

initial appointment shall be the post-qualification experience].

***[12-A.

Alteration in the date of birth.–The date of birth once

recorded at the time of joining government service shall be final and

thereafter no alteration in the date of birth of a civil servant shall be

permissible].

*Subs

vide Establishment Division Notification S.R.O. No. 520(I)/2000, dated 31-7-2000.

**Omitted & added

vide Establishment Division Notification S.R.O. No. 970(I)/98, dated 9-9-1998.

***Ins.

vide Establishment Division Notification S.R.O. No. 521(I)/2000, dated 31-7-2000.

13. A candidate for appointment shall be a citizen of Pakistan;

Provided that this requirement may be relaxed with the approval of

the Establishment Division:

Provided further that, in the case of candidates to be appointed on

temporary basis to posts in the Pakistan Missions abroad, such relaxation

shall not be accorded for a period exceeding one year at a time.

14. Vacancies in the undermentioned posts shall be filled on All-

Pakistan basis in accordance with the merit and provincial or regional

quotas prescribed by Government from time to time:

(i) All posts in *[basic pay scales 16 and above and equivalent].

(ii) Posts in *[basic pay scales 3 to 15 and equivalent] in offices,

which serve the whole of Pakistan **[:]

**[Provided that if no suitable person holding the domicile of the Province

or Region to which a vacancy has been earmarked and fulfilling the

prescribed qualifications is found even after the vacancy has been

advertised twice, the appointing authority may fill up the vacancy on open

merit on contract in the following manner, namely:-

(i) contract appointment shall be made initially for a period of

one year, and if the post falls under the purview of the

Federal Public Service Commission, the Commission shall

be informed about contract appointment;

(ii) if nomination is not received from the Federal Public Service

Commission within one year, contract appointment may in

the public interest be extended for another one year; and

(iii) the Federal Public Service Commission shall ensure that the

nominations of the qualified candidates are made within a

period of two years. If Federal Public Service Commission

does not find a suitable candidate, it shall advise the

appointing authority, for the extension in the contract].

15. Vacancies in posts in *[basic pay scales 3 to 15 and equivalent]

in offices which serve only a particular province or region shall be filled by

appointment of persons domiciled in the province or region concerned.

16. Vacancies in posts in *[basic pay scales 1 and 2 and equivalent]

shall ordinarily be filled on local basis.

17. A candidate for appointment must be in good mental and bodily

health and free from any physical defect likely to interfere with the

discharge of his duties. A candidate who after such medical examination

as Government may prescribe is found not to satisfy these requirements,

shall not be appointed.

*Subs,

vide Establishment Division Notification S.R.O. No. 146(I)/84, dated 9-2-1984.

** Subs. and added

vide Establishment Division Notification S.R.O. No. 784(I)/2002, dated 7-11-2002.

PART-IV. –-

AD HOC AND TEMPORARY APPOINTMENTS

18. *[When under the Federal Public Service Commission

(Functions) Rules, 1978, a post is required to be filled through the

Commission, the appointing authority shall forward a requisition to the

Commission on a prescribed form immediately. In exceptional cases,

ad hoc

appointment may, however, be made for a period of six months

or less with prior clearance of the Commission as provided in rule 19.

19. When the appointing authority considers it to be in public

interest to fill a post falling within the purview of the Commission urgently

pending nomination of a candidate by the Commission, it may proceed

to fill it on

ad hoc basis for a period of six months or less after obtaining

prior clearance of the Commission. The post shall be advertised and the

same procedures as laid down for initial appointment in Part III shall be

followed in making

ad hoc appointments].P

20. Short term vacancies in the posts falling within the purview of the

Commission and vacancies occurring as a result of creation of

temporary posts for a period not exceeding six months, may be filled by

the appointing authority otherwise that through the Commission on a

purely temporary basis after advertising the vacancy.

**PART V –- PROBATION

21. (1) Persons appointed by initial appointment, promotion or

transfer shall be on probation for a period of one year.

(2) The period of probation may be curtailed for good and

sufficient reasons, to be recorded, or, if considered necessary, it may

be extended for a period not exceeding one year as may be specified

at the time of appointment.

(3) On the successful completion of probation period, the appointing

authority shall, by specific order, terminate the probation.

(4) If no order is issued under sub-rule (3), on the expiry of the first

year of probation period, the period of probation shall be deemed to

have been extended under sub-rule (2):

Provided that, subject to the provisions of proviso to sub-section (2) of

section 6 of the Civil Servants Act, 1973 in the absence of an order under

sub-rule (3), the period of probation shall, on the expiry of the extended

period under sub-rule (2), be deemed to have successfully been completed.

[

Authority .– Establishment Division Notification S.R.O.No.1498(I)/73, dated 20-10-1973].

*Subs

vide Establishment Division S.R.O. No.122(I)/2000, dated 15-3-2000.

**Added

vide Establishment Division Notification S.R.O. No. 968(I)/82, dated 21-9-1982.

Initial Appointment to Civil

Posts (Relaxation of Upper

Age Limit) Rules, 1993

Sl. No. 8:

In pursuance of Rule 12 of the Civil Servants (Appointment,

Promotion and Transfer) Rules, 1973, the President is pleased to

make the following rules, namely:–

PART I – GENERAL

(1) These rules may be called the Initial Appointment to Civil

Posts (Relaxation of Upper Age Limit) Rules, 1993.

(2) They shall come into force with immediate effect:

Provided that nothing in these rules shall apply to the

appointment to the posts in BPS-17 to be filled through C.S.S.

Competitive Examination.

PART II – GENERAL RELAXATION

(3) Maximum age limit as prescribed in the recruitment rules

shall be relaxed in respect of the candidates mentioned in column

(2) below to the extent mentioned against each under column (3):–

Sl.No. Category of candidates Age relaxation admissible

1 2 3

i) (a) Candidates belonging to Scheduled

Castes, Buddhist Community, recognized

tribes of the Tribal Areas, Azad Kashmir

and Northern Areas for all posts under the

Federal Government.

(b) Candidates belonging to Sindh(R) and

Balochistan for posts in BPS-15 and below

under the Federal Government.

3 years.

ii) Released or Retired Officers personnel of the

Armed Forces of Pakistan.

*[15] years or the number of

years actually served in the

Armed Forces of Pakistan,

whichever is less.

iii) Government servants who have completed 2

years continuous Government service on the

closing date for receipt of applications.

10 years, upto the age of 55

years.

iv) Disabled persons for appointment to posts in

BPS-15 and below.

10 years

*Amended vide Establishment Division Notification S.R.O.No.576(I)/2000, dated 17-8-2000.

(4) Where a candidate is entitled to age relaxation under more

than one categories specified in rule 3, he shall be allowed

relaxation in age only in one category.

P P

*[4A. (1) Subject to sub-rule (2) the maximum age limit

prescribed for initial appointment under any rules for the time being

in force shall be relaxed by a period of five years;

(2) The relaxation in upper age limit shall be over and above

the relaxation of age admissible to candidates specified in rule 3 or

in any other rules for the time being in force].

P P

**[4B. Notwithstanding the provisions contained in these rules

or any other rules for the time being in force, the President or the

Prime Minister may, on extreme compassionate grounds, grant age

relaxation to an individual candidate for a period not exceeding

three years over and above the relaxation in upper age limit already

admissible, if any].

P P

***[4C. Notwithstanding anything contained in these rules, or

any other rules for the time being in force, one-time relaxation in the

upper age limit shall be admissible to the persons appointed to the

posts, on ad-hoc basis, from the 1st October, 1981, to the 31st

December, 1995, to the extent they are overage for initial

appointment to the posts, held by them, as and when advertised by

the Federal Public Service Commission].

[4D. Notwithstanding anything contained in these rules or

any other rules for the time being in force, the President or the

Chief Executive may grant age relaxation to the widow, son or

daughter of a deceased civil servant who dies during service for

such period as may be considered appropriate].

(5)

Repeal.- All existing rules, orders and instructions relating

to age relaxation issued from time to time are hereby repealed. [No.

F. 9/2/93-R.5]

[

Authority.–Estt. Division Notification No.S.R.O 1079(1)/93, dated 4-11-1993].

*Subs

vide Estt. Division Notification No. S.R.O. 586(1)/99, dated 18-5-1999.

**Added

vide Estt. Division Notification No.9/2/91-R.5, dated 23-1-1995.

***Added

vide Estt. Division Notification No. S.R.O.798(1)/98, dated 10-7-1998.

Added vide Estt. Division Notification No. S.R.O. 294(I)/2002, dated 31-5-2002.

Appointment on

Contract Basis

Sl. No. 9:

The standard terms and conditions of appointment on contract

were last circulated

vide Establishment Division's O.M.No.

F.10/55/82-R.2, dated 15th January, 1985. These have since been

reviewed in consultation with Finance Division and Law and Justice

Division.

2. All Ministries/Divisions are requested that, henceforth, the

revised format may be used in case of contract appointments in the

Ministries, Divisions and their Attached Departments and other

Organisations under them.

[

Authority.– Establishment Division O.M.No.F.10/52/95-R.2,dated 18-7-1996].

Revised FormatU

OVERNMENT OF PAKISTAN

Name of Ministry

__________

No. Islamabad/Rawalpindi ,20---

From:

To:

SUBJECT: EMPLOYMENT ON CONTRACT BASIS

Sir,

I am directed to say that you have been selected for

appointment on contract as ...............……... under the Federal

Government on the following terms and conditions: –

1. Post: .......................

2. Place of posting: .................. or anywhere within or outside

Pakistan as the competent authority may

decide.

3. Period of contract: .............. (not exceeding two years) from

the date of assumption of charge.

4. Pay: Minimum of the relevant scale of pay.

Annual increment shall be admissible as

under the normal rules.

5. Allowances: As admissible to corresponding civil

servants. However, Qualifications Pay/

Allowance, Senior Post Allowance and

Orderly Allowance shall not be admissible

in case these allowances were taken into

account while calculating pension after

retirement from previous service.

6. Travelling

Allowance:

As admissible to civil servants of the

corresponding pay scale under the rules.

7. Seniority: This contract appointment does not confer

any right for being placed in the gradation/

seniority list of the cadre/group to which the

subject post belongs.

8. Leave: As admissible under the Revised Leave

Rules, 1980. However, provisions

contained in Rules 5(c), 8, 11, 14, 16,17,

18, 18-A, 19, 27, 33, 34, 35, 36 and 39 of

Rules

ibid shall not apply.

All leave at your credit will lapse on the

termination of this contract.

9. Medical Facilities: As admissible to officers of the Federal

Government under the rules.

10.Pension: Service rendered under this contract shall

not qualify for a pension or gratuity.

Pension in respect of previous service, if

any shall continue to be drawn in addition

to pay.

11.General Provident

Fund:

No contribution towards G.P Fund shall

be required.

12.Conduct and

Discipline:

Rules made and instructions issued by the

Government or a prescribed authority as

for civil servants under Section 15 and 16

of the Civil Servants Act, 1973 as

amended from time to time shall apply.

13.Appeal: Civil Servants (Appeal) Rules 1977 with

amendments if any shall apply.

14.Termination of

contract:

The appointment during the period of

contract shall be liable to termination on

30 days notice on either side or payment

of basic pay in lieu thereof, without

assigning any reason.

15.Whole Time

employment

posting and

transfer:

Whole time of the contract appointee

would be at the disposal of the

Government. He may be employed in any

manner required by appropriate authority

without claim for additional remuneration.

He shall at all times obey the rules

prescribed for the time being for the

regulation of the service or cadre to which

the post in which he has been employed

belongs.

16.Other matters: In respect of other matters not specified in

this contract, the Rules/Regulations as

applicable to Federal Civil Servants shall

apply.

*[17.Accommodation The persons employed on contract shall

not be entitled to government accommodation.

However, they will be entitled to

such house rent allowance as may be

prescribed by Government from time to

time.]

2. If the above terms and conditions of appointment are

acceptable to you, please send your written confirmation by

registered post or personally so as to reach the undersigned within

one month of the date of this letter.

3. This offer of appointment will be treated as cancelled if you do

not convey acceptance thereof or resumed duty within the time

specified in para 2 above.

Your obedient servant

*Added

vide Establishment Division Notification No. 10/52/95-R.2(Pt), dated 12-8-1998.

Sl. No. 10:

It has been noticed with concern that contract appointments were

made in the past indiscriminately without proper examination of the

need therefor and without ensuring observance of the principle of

open merit, and equality of opportunity. It has now been decided by

the Chief Executive that the following guidelines should be strictly

observed in future while proposing contract appointments to civil

posts under the Federal Government:–

i) The concerned department should specifically justify why it is

not possible to fill in a vacancy in accordance with the

procedure laid down in the Civil Servants (Appointment,

Promotion and Transfer) Rules, 1973 and the Recruitment

Rules and where it is considered necessary to fill in a post on

contract, it shall only be for a period not exceeding two years.

The professional qualifications, experience, and age limit

(where necessary) required for the post, shall be prescribed in

consultation with the Establishment Division.

ii) The decision to fill the vacant post on contract basis shall be

taken at the level of the Secretary of the Ministry/Division

and/or head of the Departments/Organization etc.

The post should be advertised and selection should be made

by a Departmental Selection Committee as per following

composition: –

Basic Pay Scales Composition of the Selection Committee

BS-20 and above Minister - Chairman

Secretary - Member

J.S(Admn) - Member-

cum-Secy.

Note.–

In case the post(s) are in an

Attached Department/Subordinate Office,

Head of the Department will be co-opted as

member.

BS-1 to 19 Selection should be made by the Selection

Committees/Boards which have been

constituted for regular appointments in

BS-19 and below.

iii) a) The condition of open advertisement may be dispensed

with, with the approval of the Chief Executive, if it is

proposed to appoint a retired civil servant or a retired

officer of the Armed Forces or a retired Judge of a

superior court, on contract basis.

b) The condition of open advertisement may be relaxed, with

prior approval of the Chief Executive, in the cases of

intake of qualified persons from the market/private sector

in exceptional situations where it is not practicable to

observe the said condition.

c) The condition of open advertisement may also be relaxed

by the Chief Executive for the purpose of appointment on

contract basis of widow, or one child of a deceased civil

servant who dies during service provided that such

special dispensation may be allowed only for

appointment to posts in BS-10 and below.

iv) All contract appointments shall be made with the approval of

the appointing authority prescribed under the Civil Servants

(Appointment, Promotion and Transfer) Rules, 1973.

v) As a matter of general policy the period of contract shall not

be extended beyond two years but in exceptional cases

where it is considered necessary to extend such

appointments beyond the period of two years, the

advice/concurrence of the FPSC may be sought at least six

months in advance of expiry of the period of original

appointment, and thereafter approval of the competent

authority may be sought. It is clarified that the requirement of

seeking advice/concurrence of FPSC is applicable only in

respect of posts which fall under the purview of FPSC in

accordance with Rule 3 of FPSC (Functions) Rules, 1978.

2. Policy guidelines for contract appointments in Autonomous

Bodies/Semi Autonomous Bodies, Corporations, Public Sector

Companies etc. owned and managed by the Federal Government

shall be issued separately.

3. The Chief Executive may allow contract appointment of a

retired civil servant or a retired officer of the Armed Forces or a retired

Judge of a superior court or any other person on MP pay package in

the public interest and merit.

[

Authority.– Establishment Division O.M. No.8/10/2000-CP.I, dated 21-3-2000 as amended vide

Establishment Division O.M.No.F.2/38/2002-CP.I, dated 4-6-2002].

Standard Terms and Conditions

of Contract Appointments – Case

of Retired Civil Servants, Retired

Officers of the Armed Forces,

Retired Judges of Superior

Courts

Sl. No. 11:

Reference Standard Terms and Conditions of Contract

Employment, issued vide Establishment Division’s O.M.No.10/52/95-

R.2, dated 18.7.1996, as amended from time to time, the mater has

been reviewed in consultation with the Finance Division, and it has

been decided with the approval of the competent authority that the

terms of re-employment of retired civil servants, retired officers of the

Armed Forces and retired Judges of Superior Courts shall henceforth

be as under: –

Re-employment on a civil post relating to the affairs of the

Federal:

(a) A retired civil servant and a retired officer of the

Armed Forces, re-employed on a civil post equivalent

to the post from which he retired, may be allowed the

pay, allowances and perquisites sanctioned for the

post. His pay may be fixed at that stage of the time

scale of the post at which he was drawing his pay

before retirement.

(b) A retired Judge of the superior courts may be allowed

pay, allowances and perquisites sanctioned for the

post, and his pay may be fixed at the maximum of the

pay scale of the post.

Forces, re-employed against a higher post, may be

allowed the last pay drawn plus allowances and

perquisites sanctioned for the post.

II.

Re-employment in Autonomous Bodies:

(a) A retired civil servant and a retired officer of the Armed

Forces and a retired Judge of the superior courts, on reemployment

in an autonomous body administered or

controlled by the Federal Government, may be allowed

pay as determined at (a), (b) and (c) above plus the

allowances and perquisites sanctioned for the post.

(b) Where the terms and conditions of a post are prescribed

in a statute or a statutory notification, the provisions of

the statute or the statutory notification, as the case may

be, should be prevail.

III.

Existing Pensionary benefits to continue.

The terms and conditions proposed above should have no

bearing on the pension to which a retired civil servant or a

retired officer of the Armed Forces or a retired Judge of the

superior courts may be entitled in accordance with the

applicable law and the rules.

2. The standard terms and conditions of contract appointment

circulated vide O.M.No.F.10/52/95-R.2, dated 18.7.1996 stand

amended to the above extent. (Sl.No.9)

[

Authority.– Establishment Division O.M. No.10/52/95-R.2(Pt), dated 21-8-2001].

Extension in the Period of Contract

Appointments for Posts outside the

purview of FPSC

Sl. No.12:

The Guidelines for contract appointments issued

vide

Establishment Division O.M.No.8/10/2000-CP.I, dated 21.3.2000

laydown

inter alia, that: –

v) “As a mater of general policy the period of contract shall not

be extended beyond two years but in exceptional cases

where it is considered necessary to extend such

appointments beyond the period of two years, the

advice/concurrence of the FPSC may be sought at least six

months in advance of expiry of the period of original

appointment, and thereafter approval of the competent

authority may be sought”. It is clarified that the requirement of

seeking advice/concurrence of FPSC is applicable only in

respect of posts which fall under the purview of FPSC in

accordance with Rule 3 of FPSC (Functions) Rules, 1978.

2. The above caveat is only applicable to such posts which fall

within the purview of the FPSC in terms of Rule 3 of the FPSC

(Functions) Rules, 1973

i.e. posts in BS-16 and above and posts in

BS 11-15 in the departments specified

vide SRO No.415/2000 dated

19.6.2000.

3. In terms of sub para (iv) of para 1 of above said OM dated

21.3.2000 contract appointments are required to be made with the

approval of the appointing authority prescribed under rule 6 of the

Civil Servants (Appointment, Promotion and Transfer) Rules, 1973.

This means that contract appointment to posts in BS-20 and above

are required to be approved by the Chief Executive, and extension of

such appointments beyond two years would also require the approval

of the Chief Executive.

4. As regards appointments beyond two years to posts in

BS-19 and below falling outside the purview of the FPSC following

instructions may be followed:–

(i) extension of contract appointments beyond two years to

posts in BS-17-19 shall be subject to the approval of the

Establishment Secretary;

(ii) extension of contract appointments beyond two years to

posts in BS-16 shall be subject to approval of the Secretary

of the administrative Division concerned and Heads of

departments in BS-21;

(iii) extension of contract appointments beyond two years to

posts in BS-15 and below shall be subject to approval of a

Grade-21 officers designated by Secretary in the case of

Ministries/Divisions and Head of Department in the case of

Attached Departments and subordinate offices;

(iv) the case for extension shall be moved at least two months in

advance of the expiry of original appointment.

[

Authority. – Establishment Division O.M..No.8/10/2000-CP.I, dated 23-12-2000].

Sl. No. 13:

Provision of Government accommodation to persons appointed

on contract, and Retention of Government accommodation by retiring

officers/officials.–

In continuation of Establishment Division O.M.

No.10/52/95-R.2(Pt), dated 12.8.1998, the Prime Minister has been

pleased to decide that contract appointees whose terms of contract

had been issued prior to 12th August 1998 and who were in

occupation of validly allotted Government owned/requisitioned

houses prior to 12-8-1998 may be allowed to retain the said

accommodation till the expiry of their present tenure of contract

appointment.

[

Authority.– Establishment Division O.M. No.10/52/95-R2(Pt), dated 9-10-1998].

Sl. No. 14:

In partial modification of Establishment Division O.M. of even

number dated 12.8.1998 and 9.10.1998 the competent authority has

been pleased to decide that all Government servants who have been

re-employed on contract after the age of superannuation shall be

entitled to retain the allotted government accommodation.

2. Ministries/Divisions are requested to bring the above decision

to the notice of their Attached Departments and Subordinate Offices.

[

Authority.– Establishment Division O.M. No.10/52/95-R.2(Pt), dated 7-11-1998].

Sl. No. 15:

Reference Establishment Division O.M.No.10/52/95-R.2(Pt.)

dated 12.8.1998, a question has arisen whether the instructions

contained therein are applicable to persons employed on contract by

the Government Departments which have their own accommodation.

The matter has been considered carefully and the competent

authority has been pleased to decide that in case any organisation

has official accommodation available (other than pool

accommodation of Estate Office) for allotment to its contractual

employees, the same may be allotted in accordance with the rules of

the respective department.

2. The competent authority has further been pleased to decide

that officers/officials on retirement, shall be entitled to retain official

accommodation for a period of six (6) months instead of two (2)

months, as at present, and no extension shall be allowed beyond the

aforementioned period. Retiring officers/officials should prepare

themselves accordingly.

3. Ministries/Divisions are requested to bring the above decisions

to the notice of the Departments and organisations under their

administrative control.

[

Authority.– Establishment Division O.M. No.10/52/95-R.2(Pt), dated 1-6-1999].

Relaxation in Upper Age

Limit to persons employed

in Government Department

on Contract Basis

Sl. No.16:

Sub rule (iii) of rule 3 of Initial Appointment to Civil Posts

(Relaxation of Upper Age Limit) Rules, 1993, notified

vide SRO

1079(I)/93 dated 4th November, 1993 provides 10 years relaxation

upto 55 years in the upper age limit prescribed in the recruitment

rules for Government Servants who have completed 02 years

continuous government service on the closing date for receipt of

applications.

2. A question has arisen whether the above mentioned

relaxation in upper age limit is also available to those persons who

are employed on contract basis in government departments? The

matter has been examined and it is clarified that the above

mentioned relaxation in upper age limit is admissible to

“Government Servants”. The persons employed in a government

department, (as distinct from a body corporate established by or

under an Act of Parliament) on contract basis are “Government

Servants,” and are eligible for and entitled to relaxation in upper

age limit under sub rule (iii) of rule 3 of the Initial Appointment to

Civil Posts (Relaxation of Upper Age Limit) Rules, 1993, subject to

fulfilling the other conditions laid down in the said rules.

[

Authority.– Establishment Division O.M.No.9/2/90-R.5, dated 11-9-2000].

Procedure regarding Appointment

in Autonomous/Semi-Autonomous

Bodies, under the Federal

Government of Pakistan

Sl. No. 17:

In supersession of the instructions issued

vide Office

Memorandum No.1/85/94-E.6, dated the 12th September, 1994,

henceforth the cases of appointment to various posts in

autonomous/semi-autonomous bodies shall be processed in

accordance with the following guidelines:

–

Sl.No. Nature of Case Selection Procedure Approving Authority

i. Appointment of Chief

Executive/Head of the

Organization

Selection Board headed by the

Minister Incharge to consider and

recommend from a panel of three

names for each vacancy.

Prime Minister/

Chief Executive

*ii. (a) Posting of government

servants of BS-21 and

above

To be processed through the

Establishment Division

Prime Minister/ Chief

Executive

(b) Posting of government

servants of BS-20

Establishment

Secretary

servants of BS-17 to 19

To be processed in the

Ministry/Division concerned

Secretary of concerned

Ministry/Division

(d) Posting of government

servants in BS-16 and

below

To be processed by the Department

Concerned.

Heads of Departments

iii.(a) Appointment to posts in

Management Grades other

than of a Finance

Member/Director and those

covered by (i) and (ii)

above

Selection Board headed by the

Secretary of the Ministry/Division

concerned to consider and

recommend from a panel of three

names for each vacancy.

Prime Minister/Chief

Executive

*(b) Appointments to posts

carrying a minimum pay

equal to the minimum of

BPS-20 and above

Selection Board headed by the

Secretary of the Ministry/Division

concerned to consider and

recommend from a panel of three

names for each vacancy.

Minister Incharge

iv. Appointment of Heads of

Subsidiary Companies not

included in concerned and

recommend

Selection Board headed by Secretary

of the Ministry/Division from a panel of

three names for each vacancy

Minister Incharge

Management Grade

v. Appointment to posts other

than those mentioned

above.

Through appropriate Selection Board

set up in the Organization

Head of the

Organization

concerned

Amended vide Establishment Division O.M.No.6/4/96-R.3, dated 26-5-2000.

2. This procedure shall be applicable,

mutatis mutandis, for

selections for these posts from open market.

3. The Constitution of Selection Boards for posts mentioned at

Serial Numbers (i), (ii), (iii) and (iv) of Para 1 shall be subject to the

approval of the Prime Minister/Chief Executive through Establishment

Division (unless already so approved). The constitution of the

Selection Board at Sr.No.(v) of para 1 shall be approved by the

Minister Incharge of the Ministry/Division concerned.

4. In case where the services of any Government Servant are

required for posting on deputation in any autonomous/semiautonomous

body, the administrative Ministry/Division concerned

shall propose a panel of at least three names through the

Establishment Division in case where the Prime Minister/Chief

Executive is the competent authority.

5. Appointment to the post of Member(Finance), Director

(Finance) or the Chief Finance Officer in any autonomous/semiautonomous

body irrespective of the designation shall be made with

the approval of the Prime Minister/Chief Executive in case the post is

in BS-20, equivalent or above. However, for these posts in BS-

19/equivalent the Government’s approval will be accorded by the

Finance Secretary in consultation with the Establishment Secretary.

*[6. All appointments approved by the President or the Chief

Executive/Prime Minister shall be notified by the Establishment

Division. Posting of Officers of BS-20 in autonomous and semiautonomous

bodies will also be notified by the Establishment

Division. The terms and conditions of deputation to autonomous

bodies shall be regulated by the prescribed standard terms and

conditions of deputation. Any deviation from the standard terms and

conditions of deputation shall require prior approval of Finance and

Establishment Divisions].

7. In cases where these instructions are in conflict with the

provisions of the Laws governing any Corporation, the provision of

the Law to the extent of conflict shall prevail.

8. Establishment Division’s U.O.No.1/85/94-E.6, dated the 5th

May, 1996 regarding ban on promotion in the Corporation, is hereby

cancelled.

[

Authority.– Establishment Division O.M.No.6/4/96-R.3, dated 10-5-1997].

*Subs

vide Establishment Division O.M.No.6/4/96-R.3, dated 10-4-2002.

Policy Guidelines for Contract

Appointments for posts in

Autonomous/Semi-Autonomous

Bodies, Corporations, Public Sector

Companies etc. owned and managed

by the Federal Government

Sl. No.18:

In order to regulate contract appointments in Autonomous/Semi-

Autonomous Bodes, Corporations, Public Sector Companies etc.,

owned and managed by the Federal Government, the Chief

Executive has been pleased to lay down the following policy

guidelines:–

(i) In the case of tenure posts, appointment to which is

regulated by specific provisions of a law, rule and policy

instructions, contract appointments may be made in the

manner prescribed in the applicable law, rules and policy

guidelines/directions issued by the Federal Government.

(ii) For projects which have a limited life, appointments may be

made on contract basis by the prescribed appointing

authority after open advertisement of the vacancies. The

advertisement should indicate prescribed academic and

professional qualifications, experience, age, provincial/

regional quotas, special quotas etc. where applicable, as per

rules/government policy.

(iii) For posts other than those mentioned at (i) and (ii) above

contract appointments should be made only subject to

fulfillment and observance of the following conditions:

(a) Where the nature of a particular job/vacant position

requires contract appointment for a specific period,

standing instructions should be issued by the

administrative Ministry/Division concerned, after

consultation with the Chairman of the Board of

Directors/Board of Governors, specifying such posts

and the parameters governing appointment on contract

basis against such posts.

(b) Vacancies should be advertised in the leading national

and regional newspapers.

Selection Committees/Boards.

(iv) In the case of contract appointments/re-employment of

retired civil servants, retired Armed Forces Officers and

retired Judges of Superior Courts, the condition of open

advertisement shall not be applicable, provided that such

appointments shall be made by or with the prior approval of

the prescribed authorities in the Federal Government.

*[(v) The contract appointment, where justified, may be made for

a period of two years initially, on standard terms including

termination clause of one month’s notice or one month’s pay

in lieu thereof. Extension may be made on two yearly basis].

2. Ministries/Divisions are requested to circulate the above

policy guidelines to all Autonomous/Semi-Autonomous Bodies,

Corporations, Public Sector Companies etc., owned and managed by

the Federal Government for strict compliance.

[

Authority.– Establishment Division O.M. No.6/2/2000-R.3, dated 6-5-2000].

Guidelines for Appointment

of Consultants

Sl. No.19:

Consequent upon the findings of various Committees

appointed during 2001 to examine the appointments of consultants

and deliberations of the Conference held on 13 November, 2001,

under the Chairmanship of the COS to the Chief Executive, the

competent authority was pleased to direct,

inter alia, that guidelines

regulating the appointment of consultants in all Ministries/Divisions

and organizations under their administrative control, be framed/

circulated on the approved lines, for compliance by all the

Ministries/Divisions/Organizations. Accordingly, a set of guidelines,

in the succeeding paragraphs, is circulated for strict compliance, to

ensure that the best persons are transparently and competitively

*Subs.

vide Establishment Division O.M.No.6/2/2000-R.3, dated 29-4-2002.

appointed in a cost-effective manner, only when a consciously and

formally identified need for consultants exists.

Determination of Need for Consultants:

2. Need identification is a pre-requisite for any organization

planning to obtain services of consultants, who are normally

required to tender advice, being experts/specialists, on specific

(generally technical) issues/projects to:

a) Address on uncommon problems;

b) Provide technical supervisions; or

c) Introduce innovative practices/solutions

Consultancies would generally fall into two broad categories:

Project Consultancy–to provide technical support/

supervision by filling vacuum of technical expertise,

specific to the project and funded out of development

funds; and

ii)

General/Management Consultancy–to provide expert

advice, unavailable in-house, to introduce innovative

solutions to Financial/Human Resources Management/

Technical Issues or to act as agents of change for

statusquo

oriented permanent employees and commonly paid

for out of non-development budget.

A consultancy would, therefore, always be assignment specific and

time bound and should be preferred only when it is considered

value effective to hire services of a consultant compared to

developing in-house expertise.

3. As a first step, the client organization is required to

ascertain as to whether or not the required expertise is available

within the organization/government. In case the expertise is

available in-house, reasons for not undertaking the assignment

internally may be spelled out and detailed justification, including the

following, may be given for hiring the consultant: –

i) Terms of reference/specific tasks to be accomplished

by the consultant.

ii) Details of the outputs required of the consultant.

iii) Anticipated benefits from the proposed assignment.

iv) Professional expertise and experience required for the

task to be undertaken.

v) Approximate time required for completion of the job.

vi) Cost estimates.

The above information shall be placed for concept clearance

before:

a) A committee headed by the Secretary of the Ministry/

Division concerned and including representative of

Finance Division, Establishment Division and the

Planning & Development Division for non-development

budget funded consultancy; or

b) The appropriate approval forum for development

budget related consultancies.

Procedure for Hiring Consultants:

4. After concept clearance has been received, the following

procedure will be pursued by the client Ministry/Division/

Department/Organization:

i) Consultancy should be widely advertised indicating the

requirements mentioned at para-3 above.

ii) Advertisement of consultancy will indicate the range of

compensation package, including various facilities,

depending on the nature of work involved. The

applicants will be short listed and prioritized by an inhouse

Committee of the client organization.

iii) For General/Non-Development Budget funded consultancies,

a Selection Board, headed by the Secretary of

the Ministry/Division concerned and including a

representative each of Establishment Division and

Finance Division, will recommend a panel of at least

three candidates in order of merit for consideration of

the appointing authority. The Selection Board should

also recommend the compensation package for the

consultants placed on the penal.

iv) For development budget/project related consultancies a

Competent Selection Board of the client organization,

including a representative of the Planning & Development

Division, shall recommend a panel of at least three

names to the appropriate approval forum.

v) Financial sanction for the appointment of a consultant on

the terms and conditions recommended by the Selection

Board should be obtained from the competent authority.

Final Approval:

5. Final approval will be accorded as follows:

i) Development project related consultancies will be approved

by the competent approval forum and additional conditionalties

of donors will be observed in grant funded consultancies.

ii) General/non-development budget funded consultancies

will be approved by the Chief Executive, on proposals

routed through the Establishment Division.

Contracting Procedure:

6. While making an offer of appointment, the following will be

provided in the contract/agreement: –

i) Statement of objectives of the assignment.

ii) Responsibilities of the consultant stating particulars of

the outputs required of him.

iii) Responsibilities of the client indicating types of inputs to

be provided to the consultant.

iv) Duration of the contract indicating completion dates/

termination of contract.

v) Financial provisions reflecting manner of payment of

remuneration etc.

vi) General provisions regarding matters like earlier

termination of contract.

vii) Mode of periodic performance appraisal of the

consultant.

Others:

7. Following further guidelines will also be kept in view while

appointing consultants:–

i) No person retired from a government organization will

be hired as a consultant only to re-employ him/her.

ii) Consultants should not be appointed to perform

routine functions of an organization.

iii) Special attention should be given by the Divisions/

Organizations to train and develop their own

personnel to take up higher responsibilities.

iv) An objective evaluation and assessment of a

consultant’s performance should invariably be

undertaken on a periodic basis in a manner especially

designed for the job.

8. In addition to the above, following further guidelines will

also be strictly complied with: –

i) Engagement of retired officers as Consultants/Advisers

etc. shall require prior permission of the government,

invariably

i.e.

Establishment Division

in case of retired civilian

officers;

Defence Division

in case of retired defence officers; and

Law, Justice and Human Rights Division/Supreme

Court/High Courts

in case of retired judiciary officers.

ii) The Chief Executive’s Inspection Commission shall

conduct regular/periodical checks in order to monitor

compliance of the guidelines;

iii) Any deviation/departure of the prescribed guidelines

shall be dealt with seriously and the defaulting officer(s)

shall be proceeded against, under E&D law/rules.

iv) A uniform proforma be devised containing all essential

particulars/details regarding appointment of a

Consultant etc. for evaluation/rational decision making

by the Selection Committee/Board concerned and

approving authority.

9. Ministries/Divisions are requested to kindly comply with the

above guidelines and also accordingly inform their related

departments/organizations for compliance.

10. This issues with the conveyance of the approval of the

competent authority by the Chief Executive Secretariat.

[

Authority:– Establishment Division, MS Wing’s U.O. No.11-3/2001-MSW-III, dated 25-1-2002].

Sl. No. 20:

In pursuance of para-8(ii) of the Guidelines for Appointment of

Consultants, circulated

vide this Division’s U.O. of even number

dated 25.1.2002, a proforma containing essential particulars/details

regarding appointment of consultants has been designed for

uniform evaluation and rational decision making by the Selection

Board and the appointing authority.

2. It is, therefore, requested that information as per the

enclosed proforma may invariably be placed before the Selection

Board and the appointing authority.

[

Authority:– Establishment Division, MS Wing’s U.O. No.11-3/2001-MSW-III, dated 12-2-2002].

APPOINTMENT OF CONSULTANTS

ESSENTIAL PARTICULARS/DETAILS TO BE PLACED BEFORE THE

SELECTION COMMITTEE/BOARD AND APPROVING AUTHORITY

PART – I

(1) Name of the Ministry/Division/

Department hiring the Consultant

_______________________

(2) Area of consultancy _______________________

(3) Duration of consultancy _______________________

(4) Date of clearance by the Concept

Clearance Committee

_______________________

(5) Date of advertisement (copy may

be enclosed)

_______________________

(6) Member of applications received

for the position

_______________________

(7) Number of Candidates short-listed

(Prioritized list* may be enclosed)

_______________________

PART – II

(1) Justification for hiring the consultant on basis of need assessment

(2) Terms of reference (TOR) of the assignment

(3) Major activities to be performed under the TOR with date of

completion in respect of each activity

*Para 4(ii) of the guidelines for appointment of consultants refers.

(4) Qualifications, professional experience and other specifications

considered necessary for the job

(5) Cost of hiring the consultant:

(a) Remuneration to be paid to the consultant

(b) Cost of supporting staff

(d) Others

(6) Anticipated benefits of the proposed consultancy including savings to

the organization.

PART – III

(To be filled when the case is submitted for

consideration of the appointing authority)

(1) Names of candidates in order of merit, recommended by the

Selection Board, broadly giving reasons for such selection.

(2) Compensation package for the Consultants recommended by the

Selection Board.

PART – IV

(1) A profile of each candidate, *in case of individuals, and profiles of

principals in case of a firm etc., covering the following, may be

enclosed alongwith detailed CV:

(a) Name of the candidate/principal

(b) Age with date of birth

(d) Other factors which support individual’s/firm’s suitability for the job

(2) Draft contract agreement **may be enclosed.

*In respect of:

(I)

Candidates short listed when the case is submitted for consideration of the

Selection Board.

(II)

Panel of candidates recommended by the Selection Board when the case is

submitted for consideration of the appointing authority.

**May be revised/modified, if required, in the light of recommendations of the Selection Board when

the case is submitted for consideration of the appointing authority.

Operational Guidelines

for the Administration

of Surplus Pool

Sl. No.21:

In a presentation to the Chief Executive on “Restructuring and

Rightsizing of Federal Ministries/Divisions” held on 28.5.2001, it

was,

inter alia, decided that the officer-staff ratio (excluding drivers,

despatch riders etc.) should be 1:3.2 for the year 2001-2002 and

1:2.5 for the year 2002-2003, and thereafter it would be reviewed

again.

2. Each administrative Secretary may be made responsible

for ensuring implementation of the above decision by making

internal adjustment of staff. If any officer/staff becomes redundant

to the requirement of the Ministries/Divisions/Departments as a

result of implementation of the above or any other decision, that

may be enlisted with the surplus pool for adjustment elsewhere. As

a result of implementation of the above said decisions, the number

of surplus civil servants will increase manifold.

3. In terms of Section 11(2) of the Civil Servants Act, 1973,

the services of civil servants holding temporary and permanent

posts can be terminated on abolition of such posts. However, on

human considerations, Government decided in 1993 to create a

surplus pool under the charge of the Establishment Division. The

civil servants declared surplus as a result of abolition of posts are

enlisted in the surplus pool for absorption elsewhere.

4. In order to speed up the pace of absorption of surplus civil

servants following guidelines have been framed with approval of

the competent authority, for effective administration of the surplus

pool: –

(i) The name of a civil servant, other than

ad hoc employees

and persons appointed against leave and deputation

vacancies, who may be rendered surplus as a result of

reorganization or abolition of a Division/Department/

Organization or reduction in the number of posts shall be

placed in the surplus pool administered by Establishment

Division for a period of two years whereafter his services

shall stand terminated. If a civil servant has already

completed two years in the surplus pool on the date of

issuance of guidelines, he may be allowed to remain

enlisted in the pool for a period of another one year

whereafter his services shall stand terminated.

(ii) If a post occupied by a deputationist or a person posted

under Section 10 of Civil Servants Act, 1973 is declared

surplus, the holder of the post shall be repatriated to his

parent organization.

(iii) During the period of his placement in the Surplus Pool a

civil servant shall remain on the pay rolls of his parent

department and he shall be entitled to pay and allowances

which he would have drawn in the post last held by him on

regular basis in his parent organization before his

placement in the Pool. His post in his parent department

shall be treated as supernumerary post and it shall be

abolished after his absorption or the period mentioned in

sub-para(i) above, whichever be earlier.

(iv) During placement in the surplus pool, civil servants may be

given the option to avail leave under Rule 27 of the

Revised Leave Rules 1980.

(v) Civil Servants placed in the surplus pool shall be posted for

absorption in other Divisions/Departments/Organizations in

accordance with Rules 3(3) and 3(4) of the Civil Servants

(Appointment, Promotion and Transfer) Rules, 1973 and

Section 11-A of the Civil Servants Act, 1973.

(vi) Surplus employees in BS 1 – 5 shall ordinarily be posted

for absorption at the station of their last posting or place of

domicile. Civil Servants of BS-6 and above may be posted

at a station other than the station of their last posting or

domicile but subject to availability of posts, efforts may be

made to arrange their posting nearest to the station of their

last posting or their place of domicile.

(vii) Failure of a surplus civil servant to join new post within the

prescribed time shall render him liable to removal from the

list of surplus pool and termination of his services. Where

the competent authority is satisfied that failure of surplus

civil servant to report for duty at the place of his new

posting within the prescribed time was in circumstances

beyond his control, it may for reasons to be recorded in

writing, allow him additional time for joining or consider him

for alternative posting at a station other than the one to

which he was last posted.

(viii) If a Division/Department/Organization fails to accept the

services of civil servant transferred from surplus pool, the

post shall be deemed to have been abolished.

(ix) Legal provision for termination, reversion, E&D proceeding,

etc shall be invoked only after the surplus civil servant fails

abide by the government orders within the given timeframe.

5. As regards employees of the autonomous bodies, they are

not civil servants and are governed by the regulations/instructions

operative in each individual Organization. Each Ministry/Division

should, therefore, lay down a policy in consultation with the Finance

Division for disposal of surplus employees of the autonomous

bodies under its administrative control.

6. All Ministries/Divisions are requested to comply with the

above instructions/guidelines strictly.

7. This supersedes all the instructions issued on the subject

from time to time.

[

Authority.– Establishment Division O.M.No.1/4/97-RW.III/CP.9, dated 9-10-2001].

Civil Servants (Seniority)

Rules, 1993

Sl. No. 22:

In exercise of the powers conferred by section 25 of the Civil

Servants Act, 1973 (LXXI of 1973), read with section 8 thereof, the

President is pleased to make the following rules, namely: –

Short title, application and commencement.–(1) These

rules may be called the Civil Servants (Seniority) Rules, 1993.

(2) They shall apply to all civil servants except those governed

under: –

(i) the Police Service of Pakistan (Composition Cadre and

Seniority) Rules, 1985;

(ii) the Occupational Group and Services (Probation,

Training and Seniority) Rules, 1990; and

(iii) the Establishment Division's O.M. No.1/2/74-ARC, dated

23rd January, 1974, amended

vide O.M. No.2/1/75-ARC,

dated 3rd March, 1976, and as amended from time to

time.

(3) They shall come into force at once.

Seniority on initial appointment.–(1) Persons initially

appointed on the recommendations of the selection authority through

an earlier open advertisement shall rank senior to those appointed

through a subsequent open advertisement.

(2) If two or more persons are recommended in open

advertisement by the selection authority their

inter se seniority shall

be determined in order of merit assigned by the selection authority.

(3) If only one candidate is recommended in open advertisement

by the selection authority, he shall count his seniority from: –

(a) the date of recommendation by the selection authority,

if he was already holding the same post.

(b) the date of his joining the post after being

recommended by the selection authority if he was not

already holding the same post.

Seniority on promotion.–Seniority in a service, cadre or post

to which a civil servant is promoted shall take effect from the date of

regular promotion to that service, cadre or posts:–

Provided that–

(a) Civil servants selected for promotion to higher posts on

an earlier date shall be senior to those selected for

such promotion on a later date;

(b) Civil servants selected for promotion to higher posts in

one batch shall on their promotion to the higher post,

retain their

inter se seniority as in the lower post; and

considered for promotion in the original reference in

circumstances beyond their control or whose case was

deferred while their juniors were promoted to the higher

post, shall, on promotion, without supersession, take

their seniority with the original batch.

Seniority on appointment by transfer.–Seniority in service,

cadre or post to which a civil servant is appointed by transfer shall

take effect from the date of regular appointment to the service, cadre

or post;

Provided that–

(a) persons belonging to the same service, cadre or post

selected for appointment by transfer to a service, cadre

or post in one batch shall, on their appointment, take

inter se

seniority in the order of their date of regular

appointment in their previous service, cadre or post;

and

(b) persons belonging to different services, cadre or posts

selected for appointment by transfer in one batch shall

take their

inter se seniority in the order of the date of

their regular appointment to the post which they were

holding before such appointment and, where such date

is the same, the person older in age shall rank senior.

*[4A. In the event of merger of Ministries, Divisions, Attached

Departments or Subordinate Offices, the

inter se seniority of civil

servants, other than those belonging to regularly constituted

Occupational Groups and Services, shall be determined in

accordance with the date of regular appointment to a cadre or post].

*Added

vide Establishment Division Notification S.R.O. No.01(I)/2002 dated 1-1-2002.

Seniority of officers of the Armed Forces on induction in

civil posts.

–Officers of the Armed Forces of Pakistan who are

inducted in a civil service, cadre or post in accordance with the

Government orders and instructions shall take seniority in that

service, cadre or post from the date of such induction:

Provided that the officers inducted in one batch shall, on

induction, retain their

inter se seniority as in the Armed Forces of

Pakistan.

6. Inter se

seniority of civil servants appointed in the same

calendar year.

–Persons appointed by transfer in a particular

calendar year shall, as a class, be senior to those appointed by

promotion or by initial appointment to such posts in that year, and

persons promoted to higher posts in a particular calendar year shall,

as a class, be senior to those appointed by initial appointment to such

posts in that year.

Repeal and savings.–The General Principles of seniority

circulated

vide Establishment Division's O.M.No.1/16/ 69-D.II, dated

the 31st December, 1970, and all other existing rules, orders and

instructions relating to seniority except–

(i) the Police Service of Pakistan (Composition, Cadre and

Seniority) Rules, 1985;

(ii) the Occupational Groups and Services (Probation,

Training and Seniority) Rules, 1990; and

(iii) the Establishment Division's O.M.No.1/2/74-ARC dated

23rd January, 1974, amended

vide O.M. No. 2/1/75-

ARC, dated the 3rd March, 1976 and as amended from

time to time.

are hereby repealed.

[

Authority.– Establishment Division Notification No. S.R.O. 163(I)/93, dated 28-2-1993].

Career Management and

Grooming of Officers,

NIPA Entrance

Examination

Sl. No.23:

The Chief Executive have been pleased to approve the

followings: –

“The promotion pre-requisite course at the National Institute of

Public Administration for promotion of officers to BS-20 shall be

preceded by the successful undertaking of an entrance

examination by all BS-19 officers, to be conducted by the

FPSC”. The syllabus is annexed.

2. Detailed guidelines for the NIPA entrance examination are

as under: –

i) All officers, holding a BS-19 post on a regular basis

under the Federal Government shall be eligible to take

the examination.

ii) Each candidate shall be allowed a maximum of three

chances to pass the entrance exam.

iii) Failure to qualify the examination in the prescribed

number of attempts would render the officer(s) ineligible

for nomination to Advanced course at NIPAs and hence

ineligible for promotion to BS-20, with likely

consequential pre-mature retirement.

iv) Candidates shall be required to attain 50% marks to

successfully qualify the NIPA entrance examination.

v) Performance in the NIPA entrance examination shall be

assigned 50% weightage with the balance 50%

weightage earmarked to the service record of the officer

to qualify for nomination for the training course at

NIPAs.

vi) Final nomination of officers for undergoing the promotion

pre-requisite training at the NIPA shall be undertaken by

a High Powered Selection Board to be constituted by the

Establishment Secretary. (The proposed constitution

lies within the competence of Secretary Establishment).

vii) First selection, based on qualifying pre-entrance exam,

for NIPA Training will be made for courses starting in

January 2002.

viii) FPSC would schedule the exam. and circulate

accordingly.

ix) A roster of those who pass the exam. would be

maintained in the Training Wing of Establishment

Division and they would select officers for NIPA course

in batches on seniority & merit after clearance of High

Powered Board.

3. FPSC is requested to take further necessary action

accordingly and make available the list of officers who pass the

NIPA entry test by the end of November 2001 for selection of

nominees for the NIPA Course starting in January 2002.

4. It is further requested that the decision should be given due

publicity with circulation of syllabus to all concerned.

[

Authority.– Establishment Division O.M. No.F. 10/7/2000-CP.I, dated 8-5-2001].

CHIEF EXECUTIVE SECRETARIAT

ISLAMABAD

SYLLABUS FOR NIPA ENTRANCE EXAMINATION

PAPER-1

Marks=100

Time=3 hrs

PART

–A: SERVICE RULES UWeightage(1/6)U

Time=30 minutes

Note: Open book exam. for Part-A only. Candidates will be allowed to consult

their books to answer the practical problems. Candidates will be asked

to attempt one question out of three.

1. Rules of Business,1973

2. Secretariat Instructions

3. Civil Servants Act.

4. Appointment, Promotion and Transfer Rules.

5. Removal from Service (Special Powers) Ordinance, 2000.

PART

–B ECONOMY OF PAKISTAN Weightage(3/6)

Time=90 Minutes

Note: Candidates will be asked to attempt two questions out of four, having 50

marks in total.

1. Human Resource Development Social Capital Formation and Quality

of Life Indices.

1.1 Participatory Development

1.2 Poverty/alleviation Strategies for Pakistan.

2 Rationalization of Revenue Generation and Taxation.

3 Changes in Agricultural Policies.

4 Role of Foreign Trade in Economic Development.

5 Islamization, Privatization and Deregulation of Pak-Economy.

6 Sustainable development and Environmental/Ecological Issues in

Pakistan.

7 Informal Economy.

PART

–C EXECUTIVE SUMMARY – DRAFTING Weightage(2/6)

Time=60 Minutes

Based on fact sheet to be provided, the candidates will be required to draft a

Summary for the Head of the Government, Federal/Provincial Minister, Secretary

etc., giving their options and recommendations.

_______________

CHIEF EXECUTIVE SECRETARIAT

ISLAMABAD

SYLLABUS FOR NIPA ENTRANCE EXAMINATION

PAPER

–2

(Marks=100)

(Max Time= 3 hrs)

Part

–A: Current Affairs and International Relations Marks: 80

Time: 150 minutes

Current Affairs:U

Note: Candidates will be asked to attempt two questions out of four questions.

International Relations

Note: Candidates will be asked to attempt two questions out of four questions.

1. Pakistan’s Relations with Big Powers.

2. Pakistan’s Relation with Middle East, African and Far-Eastern

Countries.

3. Pak-India Relations.

4. Pakistan’s Relations with Central Asian Countries: History and

Prospects.

5. Regional issues (

e.g. Kashmir Issue, Afghanistan Crisis and its

resolution etc.)

Part-B: General Knowledge Marks: 20

Time: 30 minutes

(40 questions)

Objective Test on general knowledge (Yes or No)

__________________

Sl. No. 24:

Reference Establishment Division’s O.M.of even number dated

8th May, 2001, the following time frame is prescribed for passing

NIPA Entrance Exam: –

i) Officers holding BS-19 posts on regular basis are

required to pass the NIPA Entrance Exam. within five

years of the date of their regular appointment to a post

in BS-19. Provided that officers who may have

completed two years or more service in BS-19, before

issuing of these Instructions are required to pass the

NIPA Entrance Exam. within three years of the date of

first examination.

ii) In case of persons posted outside Pakistan in

Embassies or with international agencies or with foreign

governments or pursuing higher studies/training outside

Pakistan with the approval of the Government, the

period of their foreign posting/training will be added to

the period prescribed at (i) above.

iii) Failure to appear in the prescribed NIPA Entrance

Exam. within the prescribed time shall be construed as

failure to pass the examination; this failure shall be

treated as evidence of inefficiency for the purpose of

Section 13(1)(i) of the Civil Servants Act, 1973 and the

Removal from Service (Special Powers) Ordinance,

2000.

[

Authority.– Establishment Division O.M.No.10/7/2000-CP.I/II, dated 1-9-2001].

Career Management and

Grooming of Officers –

Promotion Exam. for

Posts in BS-17 and 19

Sl.No.25:

Reference Establishment Division’s O.M. of even number

dated 8th May, 2001 on the subject noted above and to circulate

the following modifications and additional guidelines, approved by

the competent Authority:–

i) Ministries/Divisions to devise and finalize the syllabus

and conduct the promotion exam. for BS-17 and BS-19

-cadre posts under their administrative control,

including Attached Departments. FPSC will devise

syllabus and conduct promotion exam. for posts in BS-17

and 19 of only regularly constituted Occupational Groups

in consultation with the Ministries/Divisions administering

these groups.

ii) Qualifying marks for promotion exam. to BS-17 and 19

in individual/papers would be 50%.

iii) The examination should be passed as a whole and not

in parts. Failure to qualify in one or more papers will be

treated as failure in the Exam.

iv) Other eligibility criteria for promotion already laid down

in the applicable rules shall remain in force.

v) No promotion would be made to BS-17 and 19 without

passing the prescribed promotion exam. after 31st

January, 2002.

2. A question has arisen whether promotion from BS-16 to

posts in BS-18 in cases where no intermediate post is available in

BS-17 would require to be based on promotion examination. The

matter has been considered and it has been decided that in such

cases also promotion should be based on promotion examination.

[

Authority.– Establishment Division O.M.No.10/7/2000-CP.I, dated 9-7-2001].

Sl. No. 26:

Reference Establishment Division’s O.M. of even number dated

8th May, 2001 and 9th July, 2001 on the subject it has been

decided that–

Period for passing promotion examination for posts in

BS-19

Officers holding posts in BS-18 on regular basis are

Required to appear in the promotion examination within

seven years of the date of their regular appointment to a

post in BS-18:

Provided that officers who may have completed four

years or more service in BS-18 before issuance of these

instructions may be required to pass the promotion

examination within three years of the date of the first

examination.

ii)

Period for passing promotion examination for posts in

BS-17

Persons holding the feeding posts on regular basis are

required to pass the promotion examination within three

years of their becoming eligible for consideration for

promotion:

Provided that persons who may have already completed

three years service after becoming eligible for

consideration for promotion may be required to appear in

the promotion examination within three years of the date

of the first examination.

2. In case of persons posted outside Pakistan in Embassies

or within international agencies or with foreign governments or

pursuing higher studies outside Pakistan with the approval of the

Government, the period of their foreign posting/training may be

added to the period prescribed at (i) and (ii) above.

3. Failure to appear in the prescribed promotion examination

within the prescribed time shall be construed as failure to pass the

examination and this failure shall be treated as evidence of

inefficiency for the purpose of Section 13(1)(i) of the Civil Servants

Act, 1973 and the Removal from Service (Special Powers)

Ordinance, 2000.

[

Authority.– Establishment Division O.M.No.10(7)/2000-CP.I/II, dated 25-8-2001].

Promotion related capacity

building of Civil Servants

in BS-17 to BS-19 of various

Occupational Groups

Sl. No. 27:

In order to ensure an optimum development of human

resources available to the Government, it is imperative that a

continuous process of capacity building is so engineered that

training becomes a regular, mandatory requirement, directly linked

to vertical growth of Civil Servants. In this context, the Chief

Executive of Pakistan was pleased to decide that officers be trained

in regular, short courses to equip them with skills and expertise

relevant to their job. It has, therefore, been decided by the

Government that:–

a) Civil Servants prospectively appointed to all Occupational

Groups/Services be required to undergo twelve days of

short training course, each year after completing the

initial common and specialized training programmes, in a

pre-determined progressive mix of skills and concept

courses;

b) Special focus will be given in Public Finance, Budget

Preparation, Accounts etc., in addition to the relevant

courses of each Occupational Group. Sample lists of

which are annex;

c) Officers presently serving in BS-17 to BS-19 be required

to undergo twelve days of training, starting year, 2002 [till

the year of their consideration for promotion to the next

higher grade]; and

d) Promotion to BS-18, BS-19 and BS-20 be conditional,

amongst other criteria, to an assessment of satisfactory

participation in these courses.

2. A sample list of short courses in skills and concepts

development identified in consultation with various Ministries/

Divisions/Departments is annexed. All the administrative Ministries/

Divisions/Departments controlling the regularly constituted

Occupational Groups, except Ministry of Foreign Affairs (in whose

case policy would be announced later) are requested to arrange

short training courses for their officers serving in BS-17 to BS-19,

every year.

[

Authority.–Establishment Division O.M.No.1/6/2002-CP.II, dated 5-4-2002].

*PAKISTAN AUDIT & ACCOUNTS GROUP

Sl.No. Training Course Duration Training Institute

UACCOUNTINGU

1. Introduction to Chart of

Classification

3 days Audit & Accounts, Training

Institutes, Lahore, Islamabad,

Peshawar, Karachi & Railways

Accounts Academy, Quetta.

2. Compilation of Monthly

& Annual Accounts

-do-

3. Reconciliation of

Accounts

-do-

4. Appropriation and

Finance Accounts

-do-

UAUDITU

1. Value for Money Audit 3 days

2. Issue in Managing

Performance Audit

2 days

3. INTOSAL Auditing

Standards

-do-

4. Stage of Development of

Project

-do-

5. Planning for

Performance Audit

-do-

6. Audit Execution 5 days

7. Financial Analysis 2 days

8. Audit of Programme -do-

9. Certification Audit 6 days

10. Evaluation of Internal

Controls

-do-

11. Report Writing 2 days

12. Reporting Reviewing

Concept & Practical

-do-

13. Audit of Revenue

Receipts

3 days

14. Any other subject

considered Relevant by

the controlling

Division/Agency

During not

more than

12 days

*Renamed

vide Establishment Division O.M.No.1/17/92-CP.II, dated 10.12.2002

CUSTOMS AND EXCISE GROUP

Sl.No. Training Course Duration Training Institute

1. Customs laws and procedures One week Directorate of Customs & Excise

& Sales Tax Karachi/Lahore/

Islamabad and other Training

Institutes where the facility of

Training is available.

2. Levy and Assessment of

duties/taxes, Exemption,

Repayments, Warehousing,

Transit and Transshipment

-do-

3. Import & Export Policies and

procedure, Concepts related

to International Trade.

-do-

4. Sales Tax Laws & procedure -do-

5. Prevention of Smuggling,

Search, Seizure & arrest-

Inquiries and Investigations

-do-

6. Central Excise Law and

procedure

-do-

7. Financial Accounting for Tax

Officers

-do-

8. Customs Baggage Rules -do-

9. Basic Investigation

Techniques

-do-

10. Any other subject considered

relevant by the controlling

Division/Agency

Duration not

more than

12 days

COMMERCE AND TRADE GROUP

Sl. No. Training Course Duration Training Institute

1. a) Basis for International

Trade

b) International

Marketing

One week Foreign Trade Institute

2. a) Trade Policies

b) Trade Strategies One week Foreign Trade Institute

3. a) National Trade Laws

and Institution

b) International Trade

Laws and Institutions

-do- -do-

4. a) Marketing

Management

b) Marketing Research

c) Integration

Marketing/Planning

Execution

-do- -do-

5. Products Development -do- -do-

6. a) Promotion of Trade

and Investment

b) Managing Trade

Fairs/Exhibitions

abroad for Trade

promotion

c) Post fairs follow-up &

Analysis

12 days -do-

7. Organization Role and

Functions of WTO and its

Implications on Pakistan’s

Trade and Investment

-do- FTIP/IBA

8. Any other subject

considered relevant by the

controlling Division/Agency

Duration not

more than

12 days

DISTRICT MANAGEMENT GROUP

Sl.No. Training Course Duration Training Institute

1. Development Planning/Plan

formulation, Planning

Machinery in Pakistan

One week Civil Services Academy NIsPA,

any other Training Institutes

where the facility of Training is

available.

2. Feasibility Study, Project

Preparation, Implementation

Monitoring and Evaluation

-do-

3. Public Finance & Finance

Management

-do-

4. Public Income, its Sources,

Effects of Taxation on

Production & Distribution

-do-

5. Public Expenditure, objects &

classification, Effects of Public

Expenditure on Production &

Distribution

-do-

6. Public Debts General

Characteristics

-do-

7. Principles of audit & Role of

Public Accounts Committee

3 days

8. Public Administration, Sector

Management and concept of

Public Governors

-do-

9. Decision Making -do-

10. Devolution Plan -do-

11. District Tehsil administration -do-

12. Local Government and Rural

Development.

-do-

13. Role of NGO in Development -do-

14. Any other subject considered

relevant by the controlling

Division/Agency

Duration not

more than

12 days

ECONOMISTS GROUP

Sl.No. Training Course Duration Training Institute

1. Course on Macro Economic

Planning

12 days PIDE

2. Course on Employment

Income and Resource

Mobilization

-do- Pakistan Manpower Institute

(PMI)

3. Course on Human Resource

Management

-do- -do-

4. General Course on

Management

-do- Pakistan Planning & Management

Institute (PPMI)

5. Course on Balance of

Payments

-do- PIDE

6. Course on Debt

Management

-do- PIDE

7. Any other subject

considered relevant by the

controlling Division/Agency

Duration not

more than

12 days

INCOME TAX GROUP

Sl.No. Training Course Duration Training Institute

1. Income Tax Law One week Directorate of Training and

Research (Income Tax), Lahore

2. Investigative Techniques and

Commercial Practices

-do- -do-

3. Accountancy, Book Keeping

and Auditing

-do- -do-

4. Knowledge of Computers/

Information Technology

-do- -do-

5. Advance Management

Programme

12 days Pakistan Institute of Management

Karachi/Lahore

6. Financial Management Course One week -do-

7. Skills in Administrative Matters -do- -do-

8. Streamlining Administrative

Procedure and Paperwork

-do- -do-

9. Course in Financial

Management for D.D.Os or

Equivalent Rank

-do- NIPA, Karachi

10. Finance and Accounting for

non Financial Executives

-do- Pakistan Institute of Management,

Lahore/Karachi

11. Any other subject considered

relevant by the controlling

Division/Agency

Duration not

more than

12 days

INFORMATION GROUP

Sl. No. Training Course Duration Training Institute

1. Duties of Press Officers

Abroad

One week Information Service Academy,

PTV Academy or any other

Training Institute where the

facility of Training is available.

2. Projecting Kashmir Abroad One week

3. Conflict Resolution One week

4. Mass Communication As

Agent of Socio-Cultural

Change

3 days

5. International Media and

Dealing with Foreign

Correspondents

3 days

6. Publicity, Public Relations

and International Relations

One week

7. Media Diplomacy and New

World Order

One week

8. International News Agencies

and their Role in World

Politics

One week

9. Any other subject considered

relevant by the controlling

Division/Agency

Duration not

more than

12 days

MILITARY LANDS & CANTONMENT GROUP

Sl. No. Training Course Duration Training Institute

1. Cantonment Act 1924 One week NIPA, CSA or any other Training

Institute where the facility of

training is available.

2. Cantonment Property Rules -do-

3. Cantonment Servants

Rules 1955

-do-

4. Cantonment Election

Petition Rules 1997

-do-

5. Administration &

Management of

Government Land Inside

and Outside Cantonment

-do-

6. Acquisition & Requisitioning

of Land or Property for the

purpose of Federation

-do-

7. Resumption, Requisitioning

Sale of Property for

Defence Services

-do-

8. Any other subject

considered relevant by the

controlling Division/Agency

Duration not

more than

12 days

OFFICE MANAGEMENT GROUP

Sl. No. Training Course Duration Training Institute

1. Financial Management One Week STI, PCB, NIPA, PIM or any

other Training Institute where the

facility is available.

2. Cash Management -do-

3. Office Management -do-

4. Stress Management 3 days

5. Time Management 3 days

6. Budgeting & Financial

Control

One week

7. Communication Skills -do-

8. Legal drafting -do-

9. Service Rules 12 days

10. Any other subject considered

relevant by the

controlling Division/Agency

Duration not

more than

12 days

POLICE SERVICE OF PAKISTAN

Sl. No. Training Course Duration Training Institute

1. Crisis Management 3 days National Police Academy, or any

other Training Institute where

facility of Training is available.

2. Traffic Management &

Road Safety

3 days

3. Relation with Prosecution &

Prison Administration

3 days

4. Usage of Information

Technology in Policing

welfare

3 days

5. Various Systems of Policing One week

6. Policing by objectives 3 days

7. Crime Scene

Management/Major

disorder

3 days

8. Modern Concepts and

Methods of Patrolling

3 days

9. Interviewing & Interrogating

Skills

3 days

10. Preparation & Scrutiny of

Challans

3 days

11. Monitoring of Bails,

acquittals and conviction in

important cases

One week

12. Native & Scope of

Criminology, Modern

Theories of Crime

One week

13. White Collar Crime &

Penology

One week

14. Any other subject

considered relevant by the

controlling Ministry/Division/

Agency

Duration not

more than

12 days

POSTAL GROUP

Sl. No. Training Course Duration Training Institute

1. Budgeting & Financial

Management

One week Postal Staff College or any other

Training Institute where the

training facility is available

2. Labour Management

Relations

-do-

3. Post Office Costing Studies -do-

4. Postal Management -do-

5. Postal Statistics -do-

6. Establishment of Special

Services with reference to

Services

(d) Competition with

Courier Services

-do-

7. Importance of Post – Socio-

Economic Development

-do-

8. Any other subject

considered relevant by

controlling Division/Agency

Duration not

more than

12 days

RAILWAYS GROUP

Sl. No. Training Course Duration Training Institute

1. Project Management One week PIM/LUMS, or any other Training

Institute where the training facility

is available.

2. Presentation Skills for

Management

One week

3. Preparation of Marketing

Plan

One week

4. Development Marketing

Skills

One week

5. Management Course for

Junior Executives

One week

6. Financial Management for

non-financial Management

One week

7. Any other subject

considered relevant by the

controlling Division/Agency

Duration not

more than

12 days

SECRETARIAT GROUP

Sl. No. Training Course Duration Training Institute

1. Rules/Laws applicable to

Civil Servants (Module-I)

One week Secretariat Training Institute/

NIPA/CSA or any other Training

Institute where the facility is

available.

2. Rules/Laws applicable to

Civil Servants (Module-II)

One week

3. Economy of Pakistan One week

4. Preparation of

Development Schemes

One week

5. Project Appraisal

Formulation & Monitoring

One week

6. International Relations One week

7. Human Resource

Management

One week

8. Management Information

System

One week

9. Legal Drafting One week

10. Financial Management &

Budgeting

One week

11. Decision Making One week

12. Any other subject

considered relevant by the

controlling Division/Agency

Duration not

more than

12 days

SHORT COURSES FOR CONCEPT DEVELOPMENT FOR

OFFICERS IN B-18 AND 19 OF ALL GROUPS/SERVICES

Sl. No. Training Course Duration Training Institution

1. Reconciliation of

Accounts

3 days Audit & Accounts Training Institute,

Karachi/Lahore/Islamabad/Peshawar,

Railways Accounts Academy Quetta.

2. Financial Analysis 2 days -do-

3. Planning for

performance Audit

2 days -do-

4. Communication Skills 3 days P.I.M, NIPA

5. I.T & E.Govt. One week P.C.B, NIPAs, PASC

6. Human Resource

Management

One week NIPA/STI

7. Introduction of Customs

Laws

3 days Directorate of Customs & Excise &

Sales Tax

8. Sales Tax & Procedure 3 days -do-

9. Central Excise Laws 3 days -do-

10. Import & Export Policies 3 days -do-

11. Total Quality

Management

3 days CSA/NIPAs/PIM

12. Devolution Plan 3 days -do-

13. Local Government &

Development

3 days -do-

14. Problem Solving &

Decision Making

3 days CSA/NIPAs/PIM

15. Macro Economic

Planning

3 days PIDE

16. Basic Income Tax Laws 3 days Directorate of Training (Income Tax

Lahore)

17. Mass Communication One week Information Academy

18. Media Diplomacy &

New World Order

One week -do

Sl. No. Training Course Duration Training Institution

19. Financial Management One week NIPA, CSA,STI

20. Office Management One week Information Academy.

21. Legal drafting One week -do-

22. Preparation of Budget One week -do-

23. Stress Management One week NIPA/CSA/PIM

24. Crisis Management One week National Police Academy, CSA,

NIPAs

25. Labour Management One week NILAT Karachi

26. Marketing Skills One week PIM, Karachi/NIPA

27. Civil Servants Act and

(APT) Rules

One week STI/NIPAs

28. Efficiency & Discipline

Rules & Removal from

Service (Special

Powers) Ordinance

2000

One week -do-

29. Preparation of

Development Schemes

One week NIPAs/PIDE

30. Project Appraisal,

Formulation &

Monitoring

One week -do-

31. Management

Information System

One week NIPA/PASC

32. International Relations One week CSA/Staff College FSA

33. Investment Analysis &

Economic Management

One week PASC/NIPAs/PIDE

34. Training of Trainers One week PASC/NIPAs

35. Environmental

Preservation

One week NIPA/PASC

36. Role of Women in Rural

Development

One week PARD/NCRD

Sl. No. Training Course Duration Training Institution

37. Rural Development

Administration

One week PARD/NCRD

38. International Economics One week NIPAs/PIDE

39. Financial Management

of Development

Projects

One week -do-

40. Business

Communication

One week PIM/NIPAs

41. Human Rights One week NIPAs/STI

42. Poverty & Public Policy One week CSA/NIPA/PASC/NCRD

43. Public Relations One week CSA/NIPA/PASC

44. Production & Operation

Management

One week -do-

45. Ethics & Public Policies One week -do-

46. Social Welfare Policies One week -do-

47. Role of NGOs in Rural

Development

One week PARD/NIPA/NCRD

48. Gender & Governance One week NIPAs/CSA/PASC

49. Communicating

Effectively through Print

Media

One week Information Academy

50. Negotiation Skills One week NIPA/PIM

51. Human Resource

Planning

One week NIPA/PASC

52. Training Need

Assessment

One week NIPA/PASC

53. Internet Training One week PCB/NIPA/PASC

54. Effective Record

Management

One week STI/NIPA/PIM

55. Stores/Purchase

Procedure

One week STI/NIPA

Sl. No. Training Course Duration Training Institution

56. Time Management One week NIPA/CSA/PIM

57. Concept of ISO 9000 One week PIM

58. Treasury Rules One week STI/NIPAs

59. General Financial Rules One week NIPA/PIM

60. Principles of Good

Management

One week -do-

61. Interpersonal

Communication

One week -do-

62. Public Relations for

Front Line Officials

One week -do-

63. Management of Public

Records

One week -do-

64. Organizational Behavior One week -do-

65. General Principles of

Modern Government

with special reference

to Global Capitalism &

Role of World Bank,

IMF

Viz-a-Viz, UNO

One week NIPA/CSA/PIM

66. The Genesis and

Applications of the Idea

of Good Governance

Versus Bureaucracy

One week NIPA/CSA/PIM

67. Human Resource

Development

One week STI, PIM, NIPA

68. Information Technology

and Office Automation

12 days PCB/NIPA

69. Management Concept

and their Application in

Third World Countries

One week NIPA/PIM

70. Concept of Privatisation

of Post Merits & De-

Merits

One week Postal Staff College

Sl. No. Training Course Duration Training Institution

71. Computer

Literacy/Office-2000

One week PCB/NIPA

72. Constitution of Pakistan One week NIPA/CSA

73. Microsoft Office One week PCB/NIPA

74. Out-look 2 days -do-

75. Web-page Designing 2 days -do-

76. Local Area Network

(LAN)

2 days -do-

77. Management Theory &

Practice

One week NIPA/PIM

78. a) Financial

Management

b) Information

Technology, & ECommerce

and

MIS

6 days

FTIP/PIM/IBA

Note–

The list of above Training Institutions is tentative. The training may be arranged as per available

training facilities at any Training Institutions in the relevant field at the nearest station.

CHAPTER III

REMOVAL FROM SERVICE (SPECIAL POWERS)

ORDINANCE, 2000 AND ANCILLARY INSTRUCTIONS

Ordinance No. XVII

of 2000

Sl. No. 28:

An ordinance to provide for dismissal, removal, compulsory

retirement from service and reduction to lower post or pay scale of

certain persons from Government service and corporation service;

HEREAS in view of prevailing circumstances it is expedient

and necessary and in the public interest and further for good

governance to provide for measures,

inter alia, dismissal, removal

etc.,

of certain persons from Government service and corporation

service as hereinafter stated;

ND WHEREAS it is necessary to provide for speedy disposal of

such cases and for matters connected therewith or ancillary

thereto;

ND WHEREAS the National Assembly and the Senate stand

suspended in pursuance of the Proclamation of Emergency of the

fourteenth day of October, 1999, and the Provisional Constitution

Order No.1 of 1999;

ND WHEREAS the President is satisfied that circumstances

exist which render it necessary to take immediate action;

OW, THEREFORE, in pursuance of the Proclamation of

Emergency of the fourteenth day of October, 1999, and the

Provisional Constitution Order No.1 of 1999, as well as Order No.9

of 1999, and in exercise of all powers enabling him in that behalf,

the President of the Islamic Republic of Pakistan is pleased to

make and promulgate the following Ordinance:–

Short title, extent, commencement and application.–

(1). This Ordinance may be called the Removal from Service

(Special Powers) Ordinance, 2000.

(2). It extends to the whole of Pakistan.

(3). It shall come into force at once.

(4). It shall apply to persons in Government service and

corporation service.

Definitions.–In this Ordinance, unless there is anything

repugnant in the subject or context–

(a) *[

B** ** **B ];

**[(aa)]“competent authority” means the *[Prime Minister] and

where, in relation to any person or class or persons, the

*[Prime Minister] authorizes any officer or authority, not

being inferior in rank to the appointing authority

prescribed for the post held by the person against whom

action is proposed to be taken, to exercise the powers of

competent authority under this Ordinance, that officer or

authority, and in relation to an employee of a Court or

Tribunal functioning under the Federal Government, the

appointing authority or the Chairman or Presiding Officer

of the Court or the Tribunal.

(b) “misconduct” includes conduct prejudicial to good

order or service discipline or conduct unbecoming of

an officer and a gentleman or involvement or

participation for gain either directly or indirectly in

industry, trade or speculative transactions or abuse or

misuse of the official position to gain undue

advantage or assumption of financial or other

obligations to private institutions or persons such as

may cause embarrassment in the performance of

official duties or functions;

the employment of a corporation, corporate body,

authority, statutory body or other organizations or

institutions set up, established, owned, managed or

controlled by the Federal Government, or by or under

any law for the time being in force or a body or

organization in which the Federal Government has a

controlling share or interest and includes the

Chairman and the Managing Director, and the holder

of any other office therein; and

*Omitted and subs.

vide Removal from Service (Special Powers) (Amendment) Ordinance No.1 of 2003.

**Added and renumbered

vide Removal from Service (Special Powers) (Amendment) Ordinance No.V of 2001.

(d) “person in Government service” includes every

person who is a member of an All-Pakistan Service or

of a Civil Service of the Federation or who holds a

civil post in connection with the affairs of the

Federation or any employees serving in any Court or

Tribunal set up or established by the Federal

Government but does not include a Judge of the

Supreme Court or of a High Court or Federal Shariat

Court or any Court subordinate to the High Court, or

any employee thereof.

3. *

[Dismissal, removal and compulsory retirement etc.]

of certain persons in Government or corporation service etc

.–-

(1) Where, in the opinion of the competent authority, a person in

Government or corporation service, is–

(a) inefficient, or has ceased to be efficient for any reason;

or *[or is guilty of being habitually absent from duty

without prior approval of leave; or].

(b) guilty of misconduct; or

because–

(i) he or any of his dependents or any other person,

through him or on his behalf, is in possession of

pecuniary *[source] or of property, for which he

cannot reasonably account for, and which are

disproportionate to his known resources of

income; or

(ii) he has assumed a style of living beyond his known

sources of income; or

(iii) he has a persistent reputation of being corrupt; or

**[(iv) he has entered into plea bargaining under any law

for the time being in force and has returned the

assets or gains acquired through corruption or

corrupt practices voluntarily; or]

*Subs. and added

vide Ordinance V of 2001.

**Added

ibid (w.e.f. 27.5.2000)

(d) engaged, or is reasonably believed to be engaged, in

subversive activities, and his retention in service is

prejudicial to national security or he is guilty of

disclosure of official secrets to any unauthorized

person; or

(e) found to have been appointed or promoted on

extraneous grounds in violation of law and the relevant

rules.

the competent authority, after inquiry by the *[Inquiry Officer or the

Inquiry Committee appointed] under section 5, may, notwithstanding

anything contained in any law or the terms and conditions

of service of such person, by order in **[writing] dismiss or remove

such person from service, compulsorily retire from service or

reduce him to lower post or pay scale, or impose one or more minor

penalties as prescribed in the Government Servants (Efficiency &

Discipline) Rules, 1973.

**[(2). Before passing an order under sub-section (1), the

competent authority shall,–

(a) by order in writing, inform the accused of the action

proposed to be taken in regard to him and the grounds

of the action; and

(b) give him a reasonable opportunity of showing cause

against that action within seven days or within such

extended period as the competent authority may

determine;

Provided that no such opportunity shall be given where the

competent authority is satisfied that in the interest of security of

Pakistan or any part thereof it is not expedient to give such

opportunity:

Provided further that no such opportunity shall be given

where the accused is dismissed ***[under clause (a) of subsection(

2) of section(3)(a)] or where the competent authority is

satisfied for reasons to be recorded in writing that it is not

reasonably practicable to give the accused an opportunity of

showing cause.

*Subs.

vide Ordinance No. XXIX of 2001.

**Subs.

vide Ordinance No. V of 2001.

***Subs.

vide Ordinance No. CVI of 2002.

(3) The dismissal or removal or premature retirement from

service or reduction to lower post or pay scale of a person under

sub-section (1) shall not absolve such person from liability to any

punishment to which he may be liable for an offence under any law

committed by him while in service].

*[3A.

Procedure in case of conviction by a court of law.–

(1) Where a person in Government service or in Corporation

Service on conviction by a court of law is sentenced to

imprisonment or fine, the competent authority shall examine the

facts and the grounds on which the order convicting such person

was passed by a court of law.

(2) Where on examination the competent authority finds that

order of imprisonment or fine is based on–

(a) establishment charges of corruption or moral turpitude it

shall pass order of dismissal from service of the

delinquent person in Government service or in

corporation service to be effective from the date of his

conviction by a court of law; and

(b) charges other than corruption or moral turpitude it may,

in the light of the facts and circumstances of the case,

decide as to whether it is a fit case for taking

departmental action under this Ordinance and if it so

decides it may, subject to the provisions of sub-section

(2) of section 3, impose any penalty authorized by this

Ordinance as it may deem fit in the circumstances of

the case].

Suspension.–A person against whom action is proposed

to be taken under sub-section (1) of Section 3 may be placed under

suspension with immediate effect if, in the opinion of the competent

authority, suspension is necessary or expedient:

Provided that the competent authority may, in an appropriate

case, for reasons to be recorded in writing, instead of placing such

person under suspension, require him to proceed on such leave as

may be admissible to him from such date as may be specified by

the competent authority.

*Ins.

vide Ordinance No. CVI of 2002.

*[5.

Power to appoint an Inquiry Officer or Inquiry

Committee.

–(I) Subject to the provisions of sub-section (2), the

competent authority shall, before passing an order under section 3,

appoint an Inquiry Officer or Inquiry Committee to scrutinize the

conduct of a person in Government service or a person in

corporation service who is alleged to have committed any of the

acts or omissions specified in section 3. The Inquiry Officer or, as

the case may be, the Inquiry Committee shall–

(a) communicate to the accused the charges and statement of

allegations specified in the order of inquiry passed by the

competent authority;

(b) require the accused within seven days from the day the

charge is communicated to him to put in a written defence;

documentary evidence in support of the charge or in

defence of the accused as may be considered necessary

and the accused shall be entitled to cross-examine the

witnesses against him; and

(d) hear the case from day to day and no adjournment shall be

given except for special reasons to be recorded in writing

and intimated to the competent authority.

(2) Where the Inquiry Officer or as the case may be, the

Inquiry Committee is satisfied that the accused is hampering, or

attempting to hamper, the progress of the inquiry he or it shall

record a finding to that effect and proceed to complete the inquiry in

such manner as he, or it, deems proper in the interest of justice.

(3) The Inquiry Officer or, as the case may be, the Inquiry

Committee shall submit his, or its, findings and recommendations to

the competent authority within twenty-five days of the initiation of

inquiry.

(4) The competent authority may dispense with the inquiry

under sub-section (1) if it is in possession of sufficient documentary

evidence against the accused, or for reasons to be recorded in

writing, it is satisfied that there is no need of holding an inquiry.

*Subs.

vide Ordinance No.V of 2001 w.e.f. 27-5-2000.

(5) Where a person who has entered into plea bargaining

under any law for the time being in force, and has returned the

assets or gains acquired through corruption or corrupt practices

voluntarily, the inquiry shall not be ordered:

Provided that show cause notice shall be issued on the basis

of such plea bargaining to such person informing of the action

proposed to be taken against him and the grounds of such action

requiring him to submit reply within fifteen days of the receipt of the

notice. On receipt of the reply, the competent authority may pass

such orders as it may deem fit].

Powers of the *[Inquiry Officer or] Inquiry Committee.–

The *[Inquiry Officer or] Inquiry Committee shall have power –

(a) to summon and enforce attendance of any person and

examine him on oath;

(b) to require the discovery and production of any document;

(d) to record evidence.

Procedure to be followed by the *[Inquiry Officer or]

Inquiry Committee.

–The *[Inquiry Officer or] Inquiry Committee

shall, subject to any rules made under this Ordinance, have power

to regulate its own procedure *[for] the fixing of place and time of its

sitting and deciding whether to sit in public or in private, and in the

case of corporate Committee, to act notwithstanding the temporary

absence of any of its members.

Order to be passed upon a finding.–Every finding recorded

by the *[Inquiry Officer or, as the case may be] Inquiry Committee

under section 5 shall, with the recommendation provided for in that

section, be submitted to the competent authority and the competent

authority may pass such orders thereon as it may deem proper in

accordance of the provisions of this Ordinance.

9. **[

Representation.–(1) A person on whom a penalty is imposed

under section 3, may, within fifteen days from the date of communication

of the order prefer a representation to the ***[Prime Minister] for

such officer or authority as the ***[Prime Minister] may designate:

Provided that where the order has been made by the

***[Prime Minister] such person may, within the aforesaid period,

submit a representation to the President.

*Ins and subs

vide Ordinance No. V of 2001.

**Subs

vide Removal from Service (Special Powers)(Second Amendment) Ordinance No.XXXII of 2002.

***Subs

vide Removal from Service (Special Powers) (Amendment) Ordinance No.1 of 2003.

(2) The President, the *[Prime Minister], or an officer or

authority, as may be designated for the purpose by the *[Prime

Minister], may, on consideration of the representation, and any

other relevant material, confirm, set aside, vary or modify the order

in respect of which such representation is made].

10.

Appeal.– Notwithstanding anything contained in any other

law for the time being in force, any person aggrieved by any final

order under section 9 may, within thirty days of the order, prefer an

appeal to the Federal Service Tribunal established under the

Service Tribunals Act, 1973 (LXX of 1973) **[:]

**[Provided that where a representation ***[

B* * *B] has been

preferred under section 9 but no decision has been received by, or

communicated to, the applicant or, as the case may be, petitioner,

within a period of sixty days of its submission to the prescribed

authority, he may prefer appeal to the Service Tribunal within thirty

days of the expiry of the aforesaid period].

11.

Ordinance to override other laws.–The provisions of this

Ordinance shall have effect notwithstanding anything to the

contrary contained in the Civil Servants Act, 1973 (LXXI of 1973),

and the rules made thereunder and any other law for time being in

force.

12.

Proceedings under this Ordinance.–All proceedings

initiated on the commencement of this Ordinance in respect of

matters and persons in service provided for in this Ordinance shall

be governed by the provisions of this Ordinance and rules made

thereunder

[:]

[Provided that the Federal Government may, by notification in

the official gazette, exempt any class or classes of employees of a

Corporation, a corporate body, authority, statutory body or other

organization or institution set up, established, owned, managed or

controlled by it or a body or organization in which it has a

controlling share or interest from the provisions of this Ordinance

and such class or classes of employees shall, notwithstanding

anything contained in this Ordinance, be proceeded against and

dealt with under the laws and rules applicable to such employees

before the commencement to this Ordinance.]

*Subs

vide Removal from Service (Special Powers) (Amendment) Ordinance No.1 of 2003.

Added vide Ordinance No.XIX of 2002.

***The words ‘or review petition’ omitted

vide Ordinance No.XXXIII of 2002.

Subs and added vide Ordinance No.XXIX of 2001.

13.

Pending proceedings to continue.–For the removal of

doubts, it is hereby provided that all proceedings pending

immediately before the commencement of this Ordinance against

any person whether in Government service or corporation service

under the Civil Servants Act, 1973 (LXXI of 1973) and rules made

thereunder, or any other law or rules, shall continue under the said

laws and rules, and as provided thereunder.

14.

Pensionary benefits, etc.–Notwithstanding anything

contained in this Ordinance the payment of pension or other

benefits to a person retired or reduced to a lower post or pay scale

under this Ordinance shall, if admissible, be regulated in

accordance with the law for the time being in force relating thereto.

*[14A.

Indemnity.–No suit, prosecution or other legal

proceedings shall lie against the competent authority or an officer

or authority authorized by it for any thing which is in good faith done

or intended to be done under this Ordinance or the rules,

instructions or directions made or issued thereunder.

14B.

Jurisdiction barred.–Save as provided under this

Ordinance, no order made or proceedings taken under this

Ordinance, or the rules made thereunder by the competent

authority or any officer or authority authorized by it shall be called in

question in any Court and no injunction shall be granted by any

Court in respect of any decision made or proceedings taken in

pursuance of any power conferred by, or under, this Ordinance, or

the rules made thereunder].

15.

Power to make rules.–The Federal Government may, by

notification in the official Gazette, make rules for carrying out the

purposes of this Ordinance.

16.

Removal of difficulties.–If any difficulty arises in giving

effect to any of the provisions of this Ordinance, the President may

make such Order, not inconsistent with the provisions of this

Ordinance, as may appear to him to be necessary for the purpose

of removing the difficulty.

MUHAMMAD RAFIQ TARAR,

President.

*Added

vide Removal from Service (Special Power) (Amendment) Ordinance No.LXII of 2001,

dated 7.11.2001.

Delegation of

Powers

Sl. No. 29:

In exercise of the powers conferred by section 2(a) of the

Removal from Service (Special Powers) Ordinance, 2000, Chief

Executive has authorized the officers shown in column (3) of the

following tables to exercise the powers of the competent authority

under section 3 of the said Ordinance in respect of class of persons

shown in column (2) of the tables.

ABLE NO.I

F

or persons employed in the Federal Secretariat or serving in

a post, or belonging to a service, group or cadre,

administratively controlled by a Ministry or Division.

S.No. Class of Persons Officer authorized to exercise the

powers of competent authority

1 2 3

1. Holders of posts in BS-20

and above.

*Prime Minister.

2. Holders of posts in

BS-16 – 19.

Secretary of the concerned Ministry/

Division.

3. Holders of posts in

BS-1 – 15.

An officer not below the appointing

authority to be notified by the Secretary

of the Ministry/Division concerned.

**[“

Explanation.– For the purpose of this notification, “Secretary of

the concerned Ministry or Division” means the Secretary of the

Ministry or Division which administratively controls the post,

service, group or cadre to which a government servant belongs”].

Subs. vide Ordinance No.1 of 2003

**Added

vide Establishment Division Notification SRO No.411(I)/2000, dated 17-6-2000.

*[T

ABLE NO.II

F

or persons employed in an Attached Department or a

Subordinate Office of the Federal Government.

S.No. Class of Persons Officer authorized to exercise the

powers of competent authority

1 2 3

1. Holders of posts in BS-20 and

above.

Prime Minister.

2. Holders of posts in

BS-17 – 19.

Secretary of the Ministry/Division

concerned.

3. Holders of posts in BS-16. Head of Department or Head of

Subordinate Office.

4. Holders of post in BS 1 – 15. An officer not below the appointing

authority to be authorized by the

Head of Department or Head of

Subordinate Office].

ABLE NO. III

For Persons in Corporation Service.

S.No. Class of Persons Officer authorized to exercise the

powers of competent authority

1 2 3

1. Holders of posts in BS-20 and

above and equivalent.

Prime Minister.

2. Holders of posts in

BS-16 – 19 and equivalent.

Managing Director/Chief Executive

Officer of the Organization by

whatever name called.

3. Holders of post in BS 1 – 15

and equivalent.

An officer not below the appointing

authority to be authorized by the

Prime Minister Officer of the

Organization.

*Subs.

vide Establishment Division Notification S.R.O.No.411(I)/2000, dated 17-6-2002.

*[2. The Prime Minister has also authorized the Secretary of

the concerned Ministry or Division to exercise under section 4 of

the aforesaid Ordinance the powers to place a BPS-20 and above

and equivalent officer under suspension for such period as he may

consider appropriate].

[

Authority.–Establishment Division Notification SRO No.281(I)/2000, dated 27-5-2000].

Sl. No. 30:

In exercise of the powers conferred by clause (a) of section

2 of the Removal from Service (Special Powers) Ordinance, 2000

(XVII. of 2000), read with section 4 thereof, the Chief Executive of

Pakistan is pleased to authorize the Auditor-General of Pakistan to

exercise the powers of competent authority:–-

(a) under section 3 of the said Ordinance in respect

of departmental and interdepartmental officers of

the Accounts Group in Basic Pay Scale 17 to 19;

and

(b) under section 4 of the said Ordinance the

powers to place a BPS-20 and above officer of

the Accounts Groups under suspension for such

period as he may consider appropriate.

[

Authority.–Establishment Division Notification SRO No.563(1)/2000, dated 15-8-2000].

Sl. No.31:

In exercise of the powers conferred by clause (a) of section 2 of

the Removal from Service (Special Powers) Ordinance, 2000 (XVII

of 2000), the Chief Executive of Pakistan is pleased to authorize

the officer of the Intelligence Bureau specified in column (4) of the

table below to be the competent authority in respect of the

employees of the said Bureau serving in basic pay scales specified

in column (3) of that table, and working in offices specified in

*Subs

vide Establishment Division Notification SRO No.411(I)/2000, dated 17-6-2000.

column (2) thereof:

T

ABLE

Sl.

No.

Name of office Basic Pay

scale of

employees

Officers authorized to exercise the

powers of competent authority

(1) (2) (3) (4)

1. I.B.HQ/Prov.HQs & NR, HQ,

all of their Field Units IB

Academy and ICT Office.

BPS 16-19 Director General, IB.

2. I.B. HQ, Islamabad. BPS 1-15 DDG(A) or an officer of BPS-20

nominated by the DG IB.

3. I.B. Academy. BPS 1-15 Commandant (BPS-20), IB, Academy

4. ICT Office including CI Field,

Islamabad.

BPS 1-15 DDG, ICT office or an officer of

BPS-20 nominated by the DG, IB.

5. NR, HQ, Rwp/Prov. HQs

NWFP, Punjab, Sindh,

Balochistan, and all of their

Field Units.

BPS 1-15 JDG/DDG incharge or the

respective Prov. HQs/ Northern

Region HQ.

[

Authority.– Establishment Division Notification No. S.R.O. 568(I)/2000 dated 16-8-2000].

Sl. No. 32:

In exercise of the powers conferred by sub-section (1) of

section 9 of the Removal from Service (Special Powers) Ordinance,

2000 (XVII of 2000), the Prime Minister is pleased to designate the

officers specified in column (3) of the tables below to whom

representations against orders under section 3 of the said

Ordinance shall be preferred in respect of classes of persons

specified in column (2) of the said tables.

ABLE I

For persons in Government service employed in the Federal

Secretariat or serving in a post, or belonging to a service or cadre

administratively controlled by a Ministry or Division

Sl. No. Classes of persons Officers

1 2 3

1. Holders of posts of Basic Pay

Scales 17 to 19 and equivalent.

Prime Minister.

2. Holders of posts in Basic Pay

Scale 16 and equivalent.

Prime Minister.

3. Holders of posts in Basic Pay

Scales 1 to 15 and equivalent.

An officer next above the officer or

authority against whose order

representation is preferred.

ABLE II

For Persons in Government service employed in an Attached

Department or a Subordinate Office of the Federal Government

Sl.No. Classes of persons Officers

1 2 3

1. Holders of posts in Basic Pay Scales

17 to 19 and equivalent.

Prime Minister.

2. Holders of posts in Basic Pay Scale 16

and equivalent.

Secretary of the concerned

Ministry or Division.

3. Holders of posts in Basic Pay Scales 1

to 15 and equivalent.

An officer next above the

officer or authority against

whose order representation is

preferred.

ABLE III

For persons in Corporation service

Sl.No. Classes of persons Officers

1 2 3

1. Holders of posts in Basic Pay Scales

17 to 19 and equivalent.

Secretary of the concerned

Ministry or Division.

2. Holders of posts in Basic Pay Scale 16

and equivalent.

Secretary of the concerned

Ministry or Division.

3. Holders of posts in Basic Pay Scales 1

to 15 and equivalent.

An officer next above the

officer or authority against

whose order representation is

preferred.

[

Authority.–Establishment Division Notification SRO No.581(I)/2000, dated 21-8-2000].

Sl. No.33:

In exercise of the powers conferred by clause (aa) of section 2

of the Removal from Service (Special Powers) Ordinance, 2000

(XVII of 2000), the Chief Executive is pleased to authorize the

officers, specified in column (3) of the table below, to exercise the

powers of the competent authority under the said Ordinance in

respect of classes of persons in the Federal Public Service

Commission specified in column (2) of the said table.

ABLE

Sl.No. Classes of persons Officers authorized to exercise the powers of

competent authority under section 3, 4 and 5

of the Ordinance XVII of 2000

(1) (2) (3)

1. Holders of posts in BS 17-20

and equivalent.

Chairman, FPSC

2. Holders of posts in BS 3-16

and equivalent

Secretary, FPSC

3. Holders of posts in BS 1-2 and

equivalent

Director (Estt), FPSC

[

Authority.–Establishment Division Notification No. S.R.O. 451(I)/2001 dated 19-6-2001.

Sl. No.34:

In exercise of the powers conferred by sub-section (2) of

section 9 of the Removal from Service (Special Powers) Ordinance,

2000 (XVII of 2000), the Chief Executive is pleased to designate

the officers specified in column (3) of the table below, to whom

representation against order under section 3 of the said Ordinance

shall be preferred in respect of classes of persons in the Federal

Public Service Commission specified in column (2) thereof.

ABLE

Sl.No. Classes of persons Officers to whom representations shall be

preferred

(1) (2) (3)

1. Holders of posts in BS 17-20

and equivalent.

Chairman, FPSC

2. Holders of posts in BS 3-16

and equivalent

Chairman, FPSC

3. Holders of posts in BS 1-2

and equivalent

Secretary, FPSC

[

Authority.–Establishment Division Notification No. S.R.O. 452(I)/2001 dated 19-6-2001].

100

Sl. No.35:

In exercise of the powers conferred by clause (aa) of section 2

of the Removal from Service (Special Powers) Ordinance, 2000

(XVII of 2000), the Chief Executive is pleased to authorize the

officers, specified in column (3) of the table below, to exercise the

powers of the competent authority under the said Ordinance in

respect of classes of persons serving in the Council of Islamic

Ideology specified in column (2) of the table.

ABLE

Sl.No. Classes of persons Officers authorized to exercise

the powers of competent

authority under section 3, 4 and

5 of the Ordinance XVII of 2000

(1) (2) (3)

1. Holders of posts in BS 16 and

above and equivalent

Chairman, Council of Islamic

Ideology.

2. Holders of posts in BS 1-15 and

equivalent

Secretary, Council of Islamic

Ideology.

[

Authority.–Establishment Division Notification No. S.R.O. 508(I)/2001 dated 9-7-2001].

Sl. No.36:

In exercise of the powers conferred by sub-section (2) of

section 9 of the Removal from Service (Special Powers) Ordinance,

2000 (XVII of 2000), the Chief Executive is pleased to designate

the officers specified in column (3) of the table below, to whom

representations against orders under section 3 of the said

Ordinance shall be preferred in respect of classes of persons

serving in the Council of Islamic Ideology specified in column (2) of

the table.

ABLE

Sl.No. Classes of persons Officers to whom representations

shall be preferred

(1) (2) (3)

1. Holders of posts in BS 16 and

above and equivalent

Chief Executive of Islamic

Republic of Pakistan.

2. Holders of posts in BS 1-15 and

equivalent

Chairman, Council of Islamic

Ideology.

[

Authority.–Establishment Division Notification No. S.R.O. 509(I)/2001 dated 9-7-2001].

101

Sl. No. 37:

In exercise of powers conferred by clause (aa) of section 2 of the

Removal from Service (Special Powers) Ordinance, 2000, the Chief

Executive of Islamic Republic of Pakistan has been pleased to

authorize the Secretaries of the concerned Ministries/Divisions to

exercise the powers under proviso to Section 4 of the said Ordinance

in respect of officers of BS-20 and above and equivalent with the

stipulation that proceedings against the accused persons sent on

leave, shall be initiated/finalized within the time frame notified

vide the

“Removal from Service (Special Powers) Ordinance, 2000”.

2. All Ministries/Divisions are requested to bring the above

decision to the notice of Attached Departments/Subordinate Offices/

Autonomous/Semi Autonomous Bodies etc. under their administrative

control.

[Authority.–Establishment Division O.M.No.3/13/2000-R.2, dated 12-11-2001].

Guidelines/Procedure for Taking

Action under Removal from Service

(Special Powers) Ordinance 2000

Sl. No. 38:

For the purpose of ensuring expeditious and orderly processing

of cases under the Removal from Service (Special Powers)

Ordinance, 2000, the Chief Executive has been pleased to lay

down the following procedure for processing of cases under the

aforesaid Ordinance:

(i)

When it is brought to the notice of an authority or an officer

of a government Organization or Corporation that a

government servant or corporation employee under him

has

, prima facie, ceased to be efficient or is involved in

misconduct or corruption warranting action under the

aforesaid Ordinance, he shall submit a report to the

“competent authority” prescribed in SRO Notification of

27th May, 2000, giving the facts of the case alongwith

supporting documentary evidence. Provided that in cases

where the competent authority is the Chief Executive of

Pakistan the report shall be submitted to the Chief

102

Executive of Pakistan through the Secretary of the

concerned Ministry or Division.

(ii)

While submitting cases to the Chief Executive of Pakistan

for seeking his orders regarding initiation of proceedings

under the aforesaid Ordinance, the Summary should

invariably contain a concise statement giving specific

allegations, and proposal in regard to appointment and

composition of Inquiry Committee.

(iii)

After approval of initiation of proceedings and appointment

of Inquiry Committee under Section 5 of the Ordinance by

the competent authority, the accused government servant

or corporation employee, as the case may be, shall be

conveyed a statement of allegations and order of

appointment of Inquiry Committee. The Inquiry Committee

shall submit its recommendations within the prescribed

time (

i.e. 30 days) to the competent authority specified in

SRO Notification No.28(I)/2000, dated 27.5.2000. Provided

that where the competent authority is the Chief Executive

of Pakistan the Inquiry Committee shall submit its

recommendation to the Chief Executive of Pakistan the

Inquiry Committee shall submit its recommendation to the

Chief Executive of Pakistan through the Secretary of the

concerned Ministry or Division.

2. It is requested that the above instructions may be brought

to the notice of all organizations under the administrative control of

Ministries/Divisions.

[

Authority.–Establishment Division O.M.No.3/13/2000-R.2, dated 15-6-2000].

Clarification in regard to Section

12 and 13 of the Removal From

Service (Special Powers)

Ordinance, 2000

Sl. No. 39:

Reference Section 12 of the Removal from Service (Special

Powers) Ordinance, 2000 which lays down that “all proceedings

initiated on the commencement of this Ordinance in respect of

matters and persons in service provided for in this Ordinance shall

be governed by the provisions of this Ordinance and rules made

103

thereunder” and Section 13 which lays down that “for the removal

of doubts, it is hereby provided that all proceedings pending

immediately before the commencement of this Ordinance against

any person whether in Government service or Corporation service

under the Civil Servants Act, 1973 (LXXI of 1973) and rules made

thereunder, or any other law or rules, shall continue under the said

laws and rules and as provided thereunder”. In this connection a

reference was made to Law Division for advice on the following

points:–

(i) Whether the expression “proceedings pending immediately

before the commencement of this Ordinance” used in

Section 13 cited above, would cover following cases:–

(a) proceedings initiated against a civil servant under the

E&D Rules, or a corporation employee under the law

and rules applicable to him, on which final orders of

the competent authority, whether for exoneration or

for imposition of a penalty, had not been passed

before 27th May, 2000, the date of commencement of

the Ordinance.

(b) Cases in which proceedings initiated against a civil

servant before 27th May, 2000 under the E&D Rules

or a corporation employee under the applicable

law/rules, are quashed for any reason either under an

order passed by a competent Court of Law or by the

prescribed competent departmental authority, and it is

decided to order fresh inquiry on the same charges

which formed the basis of the earlier disciplinary

proceedings under E&D Rules in the case of civil

servant and applicable law/rules in the case of

corporation employee.

(ii) whether in cases where disciplinary proceedings initiated

before the commencement of the said Ordinance

i.e

27th May, 2000 are set aside, and a fresh inquiry

involving a change in the charges which formed the

subject matter of the earlier disciplinary proceedings

under the E&D Rules in the case of civil servants and the

applicable law/rules in the case of a corporation

employee is initiated, the new proceedings would fall

outside the ambit of Section 13 of the Ordinance, and

would be covered by Section 12.

104

2. The Law Division have confirmed the views expressed in

sub-paras (i) (a) and (b).

3. With regard to sub-para (ii) of para 1, Law Division have

clarified that “mere change of the charges (which were substantially

a part of the earlier proceedings) may not attract section 12 of the

Ordinance. However, charges being fresh in substance and spirit

can be processed under the said section 12 of the Removal from

Service (Special Powers) Ordinance, 2000”.

4. The above clarification is for information and guidance of all

Ministries/Divisions/Departments.

[

Authority.–Establishment Division O.M. No.11/10/2000-D.I, dated 29-9-2000].

Clarification in regard to Invocation

of Rules 3 and 8 of the Government

Servants (Efficiency & Discipline)

Rules, 1973 after coming into force

of the Removal from Service

(Special Powers)

Ordinance, 2000

Sl. No. 40:

Rule 5 of the Government Servants (Efficiency and Discipline)

Rules, 1973 requires,

inter alia, that before passing an order of

imposition of a penalty, an accused government servant should be

informed in writing of the action proposed to be taken against him and

the grounds of the action, and he should be given a reasonable

opportunity of showing cause against the penalty proposed to be

imposed on him. Rule 8 of the said rules, however, provides that

“nothing in rule 5 shall apply to a case where the accused is

dismissed or removed from service or reduced in rank, on the ground

of conduct which has led to a sentence of fine or imprisonment”.

2. The Removal from Service (Special Powers) Ordinance,

2000 does not contain any provision on the lines of rule 8 cited

above. This means that, if it is proposed to impose a penalty on a

government servant under the said Ordinance on account of

conviction by a Court of Law, the mandatory procedure of enquiry

and show cause notice provided in Section 3 of the said Ordinance

will have to be observed. This would inevitably entail delay. In order

to avoid unnecessary delay it would be appropriate to invoke the

105

provisions of Rule 3 read with Rule 8 of the Government Servants

(Efficiency and Disciplinary) Rules for the purpose of imposing an

appropriate penalty in cases where a court of law passes an order of

imprisonment or imposition of fine.

3. Section 12 of the Removal from Service (Special Powers)

Ordinance, 2000 lays down as under :–

“All proceedings initiated on the commencement of this

Ordinance in respect of matters and persons in service

provided for in this Ordinance shall be governed by the

provisions of this Ordinance and rules made

thereunder”.

4. A question had arisen whether, in cases referred to in para 2,

invocation of powers conferred by rules 3 and 8 of the Government

Servants (Efficiency and Discipline) Rules, 1973 is legally sustainable

or is hit by Section 12 of the said Ordinance cited above? The

position has been examined and Law Division have clarified that, as

matters provided in Rules 3 and 8 of the Government Servants

(Efficiency and Discipline) Rules, 1973 have not been provided in the

said Ordinance, the cases where a court of law passes an order of

imprisonment or imposition of fine on a Government servant, can be

dealt with under Rules 3 read with Rule 8 of the Government

Servants (Efficiency & Discipline) Rules, 1973, and the provisions of

Removal from Service (Special Powers) Ordinance, 2000 would not

come into play.

5. The above clarification is circulated for information and

guidance of all Ministries/Divisions/Departments and Subordinate

Offices under their administrative control.

[

Authority.–Establishment Division O.M. No.3/64/2000-R.2, dated 25-10-2000].

Exemption of Class or Classes

of Employees of a Corporation

from the Provision of the Removal

from Service (Special Powers)

Ordinance, 2000

Sl. No. 41:

An Ordinance promulgated by the President on 10.7.2001 called

“Removal from Service (Special Powers) (Amendment) Ordinance,

2001.” It may be pointed out that, under the said Ordinance, the

106

following proviso has been added to Section 12 of the “Removal from

Service (Special Powers) Ordinance, 2000;

Provided that the Federal Government may, by notification in the

official gazette, exempt any class or classes of employees of a

Corporation, a corporate body, authority, statutory body or other

organization or institution set up, established, owned, managed or

controlled by it or a body or organization in which it has a controlling

share or interest from the provisions of this Ordinance and such class

or classes of employees shall, notwithstanding anything contained in

this Ordinance, be proceeded against and dealt with under the laws

and rules applicable to such employees before the commencement to

this Ordinance.

2. If a Ministry/Division considers it in the interest of expeditious

and effective processing of disciplinary proceedings against the

employees of a corporation to seek exemption from the provisions of

the said Ordinance, it may submit a self-contained Summary for the

Chief Executive (through the Establishment Division) and this

summary should cover,

inter alia, the following points :–

(ii) Specific reasons and advantage of seeking exemption

from the provisions of the Ordinance;

(iii) The nomenclature of the law or the rules of the resolution

or the instructions under which disciplinary proceedings

against the employees of the corporation for which

exemption is sought, are regulated.

(iv) A certificate to the effect that the existing

law/rules/resolutions/instructions adequately cover all

types of persons employed by the corporation (

i.e.

servants, officers, experts, consultants, advisers etc.) of

all description who are paid from the funds of the

Corporation.

(v) A certificate to the effect that all the grounds of penalties,

mentioned in the “Removal from Service (Special

Powers) Ordinance” are included in the

law/rules/resolution/instructions of the corporation.

(vi) A certificate to the effect that all kinds of penalties,

included in the “Removal from service (Special Powers)

107

Ordinance, 2000” are fully provided in the law/rules/

instructions of the corporation.

(vii) A copy of the relevant law/rules/resolution/administrative

instructions as annexure to the Summary for the Chief

Executive.

3. Ministries/Divisions are requested to bring the above referred

Ordinance and the instructions to the notice of all concerned under

their administrative control for information and future guidance.

[

Authority.– Establishment Division O.M.No.3/1/2001.R-2, dated 19-7-2001].

Procedure to be followed while

taking action under Removal

from Service (Special Powers)

Ordinance, 2000

Sl. No.42:

While dealing with disciplinary cases against Government

Servants, it has been observed that the procedure laid down in the

Removal from Service (Special Powers) Ordinance, 2000 is not being

followed strictly. Such omissions sometimes vitiate the proceedings

and cannot withstand judicial scrutiny. Recently, the Supreme Court

of Pakistan in a Civil Appeal has set aside major penalty of Removal

from Service imposed upon an accused officer and remanded the

case for fresh inquiry. The Supreme Court held that:

“Overwhelming material exists on record to show that

proceedings against the appellant were conducted in

violation of the principles and procedure laid down to regulate

the inquiry proceedings under the Efficiency and Discipline

Rules, in as much as, the evidence of the witnesses sought

to be produced against the appellant was not recorded by the

Inquiry Officer in presence of the appellant whereby he was

deprived of his lawful right to cross examine the witnesses”.

2. It is therefore necessary that extreme care should be taken to

ensure that cases are dealt with according to the laid down procedure

in the Removal from Service (Special Powers) Ordinance, 2000. For

convenience, the procedure to be followed while taking action under

the Removal from Service (Special Powers) Ordinance, 2000 as

108

amended from time to time is explained in the succeeding

paragraphs:–

(1) When it has come to the notice of the competent authority

(as defined under Section 2(aa) of the Ordinance read with

SRO 281(I)/2000, dated 27.05.2000 and SRO 411(I)/2000,

dated 17.6.2000) that a person in government or corporation

service has ceased to be efficient or is involved in

misconduct or corruption etc. warranting action under

Section 3(1) of the Ordinance, the competent authority shall

take a decision and accord its approval to the initiation of

proceedings if in its opinion a case is made out against the

accused. [Section 3(1) of the Ordinance]

(2) A person against whom action is proposed to be taken under

Section 3(1) can be suspended with immediate effect with

the approval of the competent authority. [Section 4 of the

Ordinance read with para 2 of SRO 281(I)/2000 dated

27.5.2000 and SRO 411(I)/2000 dated 17.06.2000]

(3) Where the competent authority decides to hold an inquiry,

formal order regarding appointment of Inquiry officer or

inquiry Committee, as the case may be, shall be issued only

with approval of the competent authority. [Section 5(1)]

(4) Keeping in view the nature of charges and other facts of the

case the competent authority can dispense with the inquiry.

[Section 5(4) and (5)]

(5) Procedure prescribed in sub Section (1), (2) and (3) of

Section 5 shall be followed in case the competent authority in

exercise of its discretionary power under Section 5(1),

decides to hold an inquiry through an Inquiry Officer or

Inquiry Committee.

(6) Formal order of inquiry containing charges/statement of

allegations shall be framed by the competent authority and

communicated to the accused by the Inquiry Officer or the

Inquiry committee as the case may be. [Section 5(1)]

(7) That Inquiry officer/committee requires the accused to put in

a written defence within seven days from the day the charge

is communicated to him. [Section 5(1)(b)]

109

(8) Inquiry Officer/Inquiry Committee shall enjoy the powers

defined in Section 6 of the Ordinance and ensure that :–

(i) The procedure laid down in Sections (1), (2) and

(3) of Section 5 be strictly adhered to during inquiry

proceedings.

(ii) The Inquiry Officer/Committee shall record the

statement of the witnesses on oath in presence of

the accused. [Section 6 (d)] (in order to ensure his

presence initials of the accused can be obtained on

the statement of the witnesses).

(iii) The accused be allowed to cross-examine the

witnesses produced against him during the

proceedings. [Section 5(1)(c)]

(iv) The findings and recommendations of the Inquiry

Officer/Inquiry Committee be recorded after due

analysis and appreciation of evidence on record.

(For authenticity each page of inquiry report may

be initiated by the Inquiry Officer/Committee)

(9) On receipt of the findings and recommendations of the

Inquiry officer or Inquiry Committee where appointed, if the

competent authority is of the considered opinion that a

penalty prescribed under Section 3(1) is to be imposed upon

the accused person in Government or corporation service he

shall issue a show cause notice alongwith copy of Inquiry

report to the accused informing him of the action proposed to

be taken against him and the grounds of action. On receipt of

reply of the accused to the show cause notice, the

competent authority may pass such order as it may deem

proper in accordance with provisions of the Ordinance.

3. Ministries/Divisions are requested to bring the above

instructions to the notice of attached Departments, Subordinate

Offices, Autonomous/Semi-Autonomous Bodies/Corporations etc.

under their administrative control.

[

Authority.–Establishment Division O.M.No.13/2/2000-D.2, dated 21-9-2001].

110

Disposal of Representation by

the Appellate Authority(s)

within time limit prescribed

under Section 9(2) of the Removal

from Service (Special Powers)

Ordinance, 2000

Sl. No.43:

Under Section 9(2) of the Removal from Service (Special

Powers) Ordinance, 2000 the appellate authority is required to

dispose of representations or review petitions within a period of sixty

days of their filing. The withholding of a representation/review petition

is not provided under the said Ordinance so there can be no occasion

for the absence of communication of final order and in case no final

order is passed within a period of sixty days it may be presumed to

be a rejection of a representation/review petition.

2. However, it has been observed that the representations/

review petitions are not submitted to the appellate authority(s) within

the prescribed time with the result that the final orders are not passed

by the appellate authority(s). In such cases representations/review

petitions are deemed to have been rejected due to expiry of the

mandatory period of sixty days without going into the merits of each

case. It has further been observed that representations/review

petitions by aggrieved officer(s) which lie with the Chief Executive of

Pakistan are received in Establishment Division either after expiry of

or just few days before the expiry of sixty days time limit, making it

difficult for Establishment Division to properly examine and form up

the case before its submission to the Chief Executive of Pakistan.

Sometimes Establishment Division observes discrepancies in the

representations which need to be clarified. It consumes extra time,

and, meanwhile the prescribed time limit exhausts.

3. In order to avoid summary rejection of representations/review

petitions due to time limitation factor and to ensure that such cases

are properly evaluated and the decisions are taken on merit, it has

been decided by the Chief Executive of Pakistan that in future all

Ministries/Divisions/Departments shall submit the representations/

review petitions so as to reach the prescribed appellate authority(s) at

least fifteen days before the expiry of the mandatory period of sixty

days.

111

4. It has further been decided that where a representation/

petition is required to be submitted to the Chief Executive through

Establishment Division, such representation should reach in

Establishment Division within 20 days of its filing by the petitioner.

[

Authority.–Establishment Division O.M.No.4/3/95/D.3. dated 26-3-2002].

112

113

CHAPTER IV

APPEALS, PETITIONS AND REPRESENTATIONS

Civil Servants (Appeal)

Rules, 1977

Sl. No. 44:

In exercise of the powers conferred by section 25 of the Civil

Servants Act, 1973 (LXXI of 1973), the President is pleased to make

the following rules, namely:–

1. (1) These rules may be called the Civil Servants (Appeal)

Rules, 1977.

(2) They shall come into force at once.

2. In these rules unless there is anything repugnant in the subject

or context,–

P P

*[(a) Appellate authority means.–

(1) in cases relating to discipline.–

(i) where the order is made by the authorised

officer, the officer designated as authority under

the Government Servants (Efficiency and

Discipline) Rules, 1973.

(ii) **[where the order is made by the officer,

designated as authority under the rules specified

in paragraph (1), the officer or authority next

above the authority; and].

(iii) where the order is made by the Prime Minister,

the President; and

(2) in other cases, the officer or authority next above the authority

against whose order the appeal is preferred and where the order is

made by the Prime Minister, the President; and]

(b)

*[ ]

Government Servants (Efficiency and Discipline) Rules,

1973.

*Subs. and omitted

vide Establishment Division Notification S.R.O.No.178(1)/99, dated 24-3-1999.

**Subs

vide Establishment Division Notification SRO No.335(I)/2000, dated 14-6-2000.

114

3. Every civil servant shall be entitled to appeal, to the appellate

authority from an order passed by an authority *[or an authorized

officer] imposing upon him any penalty:

Provided that, where the penalty is imposed by an order of the

President, the civil servant shall have no right to appeal but he may

apply for review of the order.

4. (1) A civil servant shall be entitled to appeal to the appellate

authority from an order passed by an authority which–

(a) alters to his disadvantage, his conditions of service,

pay, allowances or pension; or

(b) interprets to his disadvantage the provisions of any

rules whereby his conditions of service, pay,

allowances or pension are regulated; or

an additional pension, admissible to him under the rules

governing pensions; or

(d) terminates his employment or gives notice of such

termination otherwise than–

i) on his reaching the age of superannuation, or

ii) in accordance with the pro-visions of the Civil

Servants Act, 1973 (LXXI of 1973);

Provided that a person appointed by the President shall have no

right to appeal from an order passed by the President, but he may

apply for review of the order:

Provided further that no appeal or review shall lie on matters

relating to the determination of fitness of a person to hold a particular

post or to be promoted to a higher post or grade.

(2) A member of an All-Pakistan Unified Grades serving under a

Provincial Government may appeal, from the order of the Provincial

Government, to the President.

(3) A civil servant appointed by the President may appeal to the

President from an order passed by an authority subordinate to the

President.

*Amended

vide Establishment Division Notification No.3/7/79-DI, dated 28-1-1981.

115

5. (1) Every person preferring an appeal should do so separately

and in his own name.

(2) Every appeal preferred under these rules shall contain all

material statements and arguments relied upon by the appellant, shall

contain no disrespectful or improper language, and shall be complete

in itself.

(3) Every appeal shall be submitted through the Head of the

office to which the appellant belongs or belonged, and through the

authority from whose order the appeal is preferred.

(4) Every appeal shall be submitted within a period of thirty

days of the communication of the order appealed against.

6. (1) In the case of an appeal under rule 3, the appellate

authority shall consider–

(a) Whether the facts on which the order appealed against

was based have been established;

(b) Whether the facts established afford sufficient ground

for taking action; and

inadequate, and, after such consideration shall confirm,

set aside or modify the previous order,*[and the

appellant shall be informed of the reasons for passing

such order].

(2) In the case of an appeal under rule 4, the appellate authority

shall pass such order as, having regard to all circumstances of the

case, appears to it just and equitable.*[and the appellant shall be

informed of the reasons for passing such order].

(3) The authority from whose order an appeal is preferred under

these rules shall give effect to any order made by the appellate

authority.

7. (1) An appeal may be withheld by an authority not lower than

the authority from whose order it is preferred if:–

(a) it is an appeal in a case in which no appeal lies under

these rules; or

(b) it does not comply with the provisions of sub-rule (1),

(2) or (3) of the rule 5; or

*Added

vide Establishment Division Notification S.R.O. No.582 (1)/93, dated 26-6-1993.

116

(4) of rule 5 and no reasonable cause is shown for the

delay; or

(d) it is addressed to an authority to which no appeal lies

under these rules; or

P P

*[(e) it is a repetition of a previous appeal and is made to the

same appellate authority by which such appeal has

been decided, and no new facts or circumstances are

adduced which afford grounds for a reconsideration of

the case]:

Provided that in every case in which an appeal is withheld, the

appellant shall be informed of the fact and the reasons for it:

Provided further that an appeal withheld on account only of

failure to comply with the provisions of sub-rule (2) or (3) of rule 5 or

clause (d) may be resubmitted within one month of the date on which

the appellant is informed of the withholding of the appeal and, if

resubmitted in a form which complies with those provisions or is

addressed to the proper appellate authority, as the case may be,

shall not be withheld.

(2) No appeal shall lie against the withholding of an appeal by

an authority competent to do so.

8.(1) Every appeal which is not withheld under these rules shall

be forwarded to the appellate authority with an expression of opinion

by the authority from whose order the appeal is preferred.

(2) Every appeal by a civil servant serving under a Provincial

Government or a local authority, which is not withheld under these

rules shall be forwarded by the Provincial Government or the local

authority to the Federal Government with an expression of its opinion.

(3) A list of appeals withheld under rule 7, with reasons for

withholding them shall be forwarded quarterly by the with-holding

authority to the appellate authority.

(4) An appellate authority may call for any appeal admissible

under these rules which has been withheld by a subordinate authority

and may pass such orders thereon as it considers fit.

*Added

vide Establishment Division Notification No. 5/l/81-R.I., dated 26-12-1981.

117

9. (1) Nothing in these rules shall operate to deprive any person

of any right of appeal which he would have had if these rules had not

been made, in respect of any order passed before they came into

force.

(2) All appeals pending immediately before the coming into force

of these rules shall be deemed to be appealed under these rules.

10. The Civil Services (Classification, Control and Appeal) Rules,

1930, are hereby repealed, but the repeal thereof shall not affect any

action taken or anything done thereunder.

[

Authority.–Establishment Division Notification S.R.O. No. 54(I)/77, dated 17-1-1977].

Guidelines for Submission of

Appeals/Representations to

the Chief Executive/President

Sl. No.45:

It has been observed that Ministries/Divisions/Departments

generally do not forward to the Establishment Division complete/

comprehensive references on the appeals/representations filed by

the aggrieved Civil Servants before the Chief Executive/President, for

orders in the capacity of the Appellate Authority. It results in backreferencing

and inordinate delay in processing/finalization of such

cases.

2. In order to facilitate objective analysis and speedy disposal,

the appeals/representations preferred by the Civil Servants under the

Civil Servants (Appeal) Rules, 1977, or Section 9 of the Removal

from Service (Special Powers) Ordinance, 2000, as the case may be,

should invariably be submitted in the form of self contained Summary

supported by copies of the following essential documents as

annexures:–

(i)

charge sheet;

(ii)

reply of the accused to the charge sheet;

(iii)

inquiry report;

(iv)

Show Cause Notice;

(v)

reply of the accused to the Show Cause Notice;

118

(vi)

recommendations/order of the Authorized Officer or the

Authority, as the case may be, regarding the imposition of

penalty upon the accused;

(vii)

notification of the penalty;

(viii)

appeal/representation (in original) alongwith its enclosures;

and

(ix)

detailed parawise comments of the concerned

Ministry/Division/Department on the appeal/representation,

in juxtaposition as per prescribed format, annexed

herewith.

2. All Ministries/Divisions/Departments and Provincial

Governments are requested to bring these guidelines to the notice of

all concerned for guidance/compliance.

[

Authority.–Establishment Division O.M.No.5/4/94/Rev/D.3 dated 19-9-2001].

PARAWISE COMMENTS ON THE APPEAL SUBMITTED BY…………..……….

(NAME, DESIGNATION, OFFICE, BPS), AGAINST MINOR/MAJOR PENALTY

OF ………………………………………………………………………….…………….

Sl.

No.

Contention of the accused

(Relevant paras in appeal to

be reproduced.

Comments of the

Ministry/Division/

Department.

Comments to be offered by

Establishment Division.

1 2 3 4

119

CHAPTER V

GOVERNMENT SERVANTS (EFFICIENCY AND DISCIPLINE)

RULES, 1973 AND ANCILLARY INSTRUCTIONS

Efficiency and Discipline

Rules, 1973

Sl. No. 46:

In exercise of the powers conferred by section 25 of the Civil

Servants Ordinance, 1973 (No. XIV of 1973), the President is

pleased to make following rules, namely:–

Short title, commencement and application.–These rules

may be called the Government Servants (Efficiency and Discipline)

Rules, 1973.

P P

*[(2) They shall come into force at once and shall apply to every

civil servant].

Definitions.–In these rules, unless the context otherwise

requires,–

(1) "accused" means a Government servant against whom

action is taken under these rules;

(2)

["authority" means the appointing authority prescribed in

rule 6 of the Civil Servants (Appointment, Promotion and

Transfer) Rules, 1973]:

***

[Provided that in the case of disciplinary proceedings

already initiated against a Government servant before 14th

June 2000, the powers of “authority” shall be exercised by

the officer designed as such before the aforesaid date:]

(3) "authorised officer" means an officer authorised by the

authority to perform functions of an authorised officer under

these rules

or, if no officer is so authorised, the authority;

(4) "misconduct" means conduct prejudicial to good order or

service discipline or contrary to Government Servants

(Conduct) Rules, 1964 or unbecoming of an officer and, a

gentleman and includes any act on the part of a

Government servant to bring or attempt to

*Subs

vide Establishment Division Notification S.R.O. No.1809 (I)/73, dated 31-12-1973.

Subs vide Establishment Division Notification S.R.O. No.336(I)/2000, dated 14-6-2000.

***

Added vide Establishment Division Notification S.R.O. No.470(I)/2000, dated 7-7-2000.

Added vide Establishment Division Notification No.4/2/77-D.I, dated July, 1978.

120

bring political or other outside influence directly or

indirectly to bear on the Government or any

Government officer in respect of any matter relating to

the appointment, promotion, transfer, punishment,

retirement or other conditions of service of a

Government servant; and

(5) "penalty" means a penalty which may be imposed

under these rules.

Grounds for penalty.–-Where a Government servant, in the

opinion of the authority–

(a) is inefficient or has ceased to be efficient; or

(b) is guilty of misconduct; or

because–

(i) he is, or any of his dependents or any other

person through him or on his behalf is, in

possession (for which he cannot reasonably

account) of pecuniary resources or of property

disproportionate to his known sources of

income; or

(ii) he has assumed a style of living beyond his

ostensible means; or

(iii) he has persistent reputation of being corrupt; or

(d) is engaged, or is reasonably suspected of being

engaged, in subversive activities, or is reasonably

suspected of being associated with others engaged in

subversive activities or is guilty of disclosure of official

secrets to any unauthorised person, and his retention in

service is, therefore prejudicial to national security, the

authority may impose on him one or more penalties.

Penalties.–(1) The following are the minor and major

penalties, namely–

(a)

Minor Penalties:

(i) censure;

121

(ii) withholding, for a specific period, promotion or

increment, otherwise than for unfitness for promotion or

financial advancement in accordance with the rules or

orders pertaining to the service or post;

(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

pecuniary loss cause to Government by negligence or

breach of orders;

(b)

Major Penalties:

(i) reduction to a lower post or time-scale, or to a lower

stage in a time-scale;

(ii) compulsory retirement;

(iii) removal from service; and

(iv) dismissal from service.

(2) Removal from service does not, but dismissal from service

does, disqualify for future employment.

(3) In this rule, removal or dismissal from service does not

include the discharge of a person–

(a) appointed on probation, during the period of probation,

or in accordance with the probation or training rules

applicable to him; or

(b) appointed, otherwise than under a contract, to hold a

temporary appointment, on the expiration of the period

of appointment; or

of the contract.

Inquiry Procedure.–(1) The following procedure shall be

observed when a Government servant is proceeded against under

these rules:–

(i) In case where a Government servant is accused of

subversion, corruption or misconduct, the authorised

officer may require him to proceed on leave or, with the

approval of the authority suspend him, provided that

122

any continuation of such leave or suspension shall

require approval of the authority after every three

months.

*[Provided further that where the authority is President

**[or Prime Minister], the powers of the authority under this

clause shall be exercised by the Secretary, Establishment

Division].

(ii) The authorised officer shall decide whether in the light

of facts of the case or the interests of justice an inquiry

should be conducted through an Inquiry Officer or

Inquiry Committee. If he so decides, the procedure

indicated in rule 6 shall apply.

(iii) If the authorised officer decides, that it is not necessary

to have an inquiry conducted through an Inquiry Officer

or Inquiry Committee, he shall–

(a) by order in writing, inform the accused of the

action proposed to be taken in regard to him and

the grounds of the action; and

(b) give him a reasonable opportunity of showing

cause against that action:

Provided that no such opportunity shall be given

where the authority is satisfied that in the interest of the

security of Pakistan or any part thereof it is not

expedient to give such opportunity.

(iv) On receipt of the report of the Inquiry Officer or Inquiry

Committee or, where no such officer or Committee is

appointed, on receipt of the explanation of the accused,

if any, the authorised officer shall determine whether

the charge has been proved. If it is proposed to impose

a minor penalty he shall pass orders accordingly. If it is

proposed to impose a major penalty, he shall forward

the case to the authority along with the charge and

statement of allegations served on the accused, the

explanation of the accused, the findings of the Inquiry

Officer or Inquiry Committee, if appointed, and his own

recommendations regarding the penalty to be imposed.

The authority shall pass such orders as it may deem

proper.

Added vide, Establishment Division Notification S.R.O No.853(1)/84, dated 30-9-1984.

Added vide Establishment Division Notification S.R.O No.43(I)/86, dated 7-1-1986.

123

P P

*[(2) The exercise of powers under clauses (i) and (iv) of sub-rule

(1) by the authorised officers in the Pakistan Missions abroad shall,

unless already so provided, always be subject to the approval of the

authority].

Procedure to be observed by the Inquiry Officer and

Inquiry Committee.

– Where an Inquiry Officer or Inquiry Committee

is appointed, the authorised Officer shall–

(1) Frame a charge and communicate it to the accused

together with statement of the allegations explaining the

charge and of any other relevant circumstances which

are proposed to be taken into consideration.

(2) Require the accused within a reasonable time, which

shall not be less than seven days or more than fourteen

days from the day the charge has been communicated to

him, to put in a written defence and to state at the same

time whether he desires to be heard in person.

(3) The Inquiry Officer or the Committee, as the case may

be, shall enquire into the charge and may examine such

oral or documentary evidence in support of the charge or

in defence of the accused as may be considered

necessary and the accused shall be entitled to

cross-examine the witnesses against him.

(4) The Inquiry Officer or the Committee, as the case may

be, shall hear the case from day to day and no

adjournment shall be given except for reasons to be

recorded in writing. However, every adjournment, with

reasons therefor shall be reported forthwith to the

authorized officer. Normally no adjournment shall be for

more than a week.

(5) Where the Inquiry Officer or the Committee, as the case

may be, is satisfied that the accused is hampering, or

attempting to hamper, the progress of the enquiry he or it

shall administer a warning, and if thereafter he or it is

satisfied that the accused is acting in disregard of the

warning, he or it shall record a finding to that effect and

proceed to complete the enquiry in such manner as he or

it thinks, best suited to do substantial justice.

Added vide Establishment Division Notification No.7/5/75-DI, dated 14-5-1975.

124

(6) The Inquiry Officer or the Committee, as the case may

be, shall within ten days of the conclusion of the

proceedings or such longer period as may be allowed

by the authorized officer, submit his or its findings and

the ground thereof to the authorized officer.

P P

6-A. *[Revision.–(1) Subject to sub-rule (2), the authority may

call for the record of any case pending before, or disposed of by, the

authorized officer and pass such order in relation thereto as it may

deem fit;

(2) No order under sub-rule (1) shall be passed in respect of an

accused unless the authorized officer to be designated by the

authority has informed him in writing of the grounds on which it is

proposed to make the order and has been given an opportunity of

showing cause against it, including an opportunity of personal hearing

if requested by the accused or is otherwise necessary in the interest

of justice, in particular, when the authority contemplates to pass an

order adverse to the interest of the accused:

Provided that no such opportunity shall be given where the

authority, for reasons to be recorded in writing, is satisfied that, in the

interest of security of Pakistan or any part thereof, it is not expedient

to give such an opportunity].

Powers of Inquiry Officer and Inquiry Committee.–(1) For

the purpose of an inquiry under these rules, the Inquiry Officer and

the Inquiry Committee shall have the powers of a civil court trying a

suit under the Code of Civil Procedure, 1908 (Act V of 1908), in

respect of the following matters, namely:–

(a) summoning and enforcing the attendance of any person

and examining him on oath;

(b) requiring the discovery and production of documents;

(d) issuing commissions for the examination of witnesses or

documents.

(2) The proceedings under these rules shall be deemed to be

judicial proceeding within the meaning of sections 193 and 228 of the

Pakistan Penal Code (Act XLV of 1860).

Subs vide Establishment Division Notification S.R.O. No.74(I)/2001, dated 2-2-2001.

125

Rule 5 not to apply in certain cases.–Nothing in rule 5 shall

apply to a case–

(a) where the accused is dismissed or removed from service

or reduced in rank, on the ground of conduct which has

led to a sentence of fine or of imprisonment; or

(b) Where the authority competent to dismiss or remove a

person from service, or to reduce a person in rank, is

satisfied that, for reasons to be recorded in writing by that

authority, it is not reasonably practicable to give the

accused an opportunity of showing cause.

P P

*[8-A. Action in respect of Government servant required to

proceed on leave.

–If a Government servant proceeding on leave in

pursuance of an order under sub-rule (1) of rule 5 is not dismissed,

removed from service, reduced in rank or compulsory retired, he shall

be required to rejoin duty and the period of such leave shall be

treated as duty on full pay].

9. **[

Procedure of inquiry against government servants

serving in Provincial Governments or working on deputation

outside their department or service to which they belong

.–When

a government servant, to whom these rules apply, is serving under a

Provincial government or in a department, outside the department or

service to which he belongs, or in a statutory organization, corporate

body, or local authority, and the borrowing authority wants to initiate

disciplinary proceedings against such government servant under

these rules, the borrowing authority shall forward to the concerned

lending authority a report with supporting documents, on the basis of

which disciplinary proceedings are proposed, and if considered

necessary, it may with the approval of the lending authority place him

under suspension or send him on forced leave. On receipt of report

from the borrowing authority, the lending authority shall take action as

prescribed by these rules].

10.

Appeal.–A person on whom a penalty is imposed shall have

such right of appeal as may be prescribed under ***[the Civil

Servants (Appeal) Rules, 1977]:

Provided that, where the penalty is imposed by order of the

President, there shall be no appeal but the person concerned may

apply for review of the order.

Added vide Establishment Division Notification No.2/14/73-DI, dated 12-3-1975.

Subs vide Establishment Division Notification S.R.O. No.74(I)/2001, dated 2-2-2001.

***

Subs vide Establishment Division Notification S.R.O. No.55(I)/77, dated 18-1-1977

126

*[10-A.

Appearance of Counsel.–No party to any proceedings

under these rules before the authority, the authorised officer, and

Inquiry Officer or an Inquiry Committee shall be represented by an

advocate].

11.

Repeal.–The Government Servants (Efficiency and

Discipline) Rules, 1960 in their application to the Government

servants to whom these rules apply **[and the Civilian Employees in

Defence Services (Classification, Control and Appeal) Rules, 1961]

are hereby repealed but the repeal thereof shall not affect any action

taken or anything done or suffered thereunder.

[

Authority.– Establishment Division Notification No. S.R.O. 1213(1)/73, dated 18-8-1973].

Disciplinary Proceedings against

Accused Government Servants

Sl. No. 47:

During a high level meeting chaired by the Chief Executive, it

was noted that the designated ‘Authorized Officers’ have adequate

powers under the Government Servants (E&D) Rules, 1973 to

departmentally proceed against Government Servants involved in the

alleged charges of misconduct, inefficiency, corruption etc. They have

all the powers to take following actions: –

(a) To send such officers on forced leave for a period of

three months or to recommend suspension from service

and extension in forced leave and suspension, in terms

of Rule 5(1)(i) of the said Rules;

(b) To frame charges/allegations and to initiate disciplinary

action in terms of Rule 5(1)(ii) & (iii) and to impose one or

more minor penalties prescribed in the rules with due

process of law after giving a reasonable opportunity of

showing cause;

penalties prescribed in the rules after due process of law.

2. The designated ‘Authorities’ also have the original as well as

revisional powers under Rule 5(1)(iv) and Rule 6-A of the

Government Servants (E&D) Rules, 1973 which include powers to

Added vide Establishment Division Notification No.7/3/74-D.I, dated 14-11-1974.

Added vide Establishment Division Notification No. S.R.O. 1809(I)/73. dated 31-12-1973.

127

call for record of any case pending before or disposed of by the

Authorized Officer and to pass such order in relation thereto as it may

deem fit. Similarly the appellate authorities under the Civil Servants

(Appeal) Rules, 1977 have full powers to modify the orders passed

by the departmental authority or the Authorized Officer in cases of

appeal where the penalty imposed upon the accused officer is

considered inadequate.

3. The Chief Executive of Pakistan, in the light of the above,

has been pleased to direct that in order to enforce the Government

Servants (E&D) Rules, 1973 and the Civil Servants (Appeal) Rules,

1977 in true spirit, the designated ‘Authorities’ ‘Authorized Officers’

and the Appellate Authorities shall invoke the above mentioned

provisions of law/rules whenever such a situation arises, without any

leniency or hesitation for conclusion of disciplinary proceedings

strictly on merit. It is desired that the aforementioned directions of the

Chief Executive be fully implemented and due care taken to strictly

observe the provisions of Rules, prescribed procedures and

instructions issued on the subject from time to time.

4. All Ministries/Divisions/Departments are advised to ensure

that upto date lists of all disciplinary cases (initiated, pending and

finalized) shall be sent periodically to the Discipline Wing of the

Establishment Division for scrutiny/re-assessment etc on the

proforma already prescribed

vide Establishment Division O.M.

No.1/3/70-D.I, dated 7th May, 1970.

5. The above instructions may kindly be communicated to all

concerned for proper guidance and strict compliance in future.

[

Authority.–Establishment Division’s D.O. letter No.11/5/2000/D.I, dated 26-2-2000].

128

ANNEXURE

STATEMENT SHOWING PARTICULARS OF DISCIPLINARY CASES PENDING OR PROPOSED TO BE INITITATED IN THE

MINISTRIES/DIVISIONS/DEPARTMENTS/SEMI-AUTONOMOUS BODIES

Name of Division/Department etc………………………………………………….

Name and

particulars

of the

official

concerned

Date of

receipt of

complaint/

allegation

etc.

Whether

Investigations/

Inquiries have

been instituted or

disciplinary

action is

proposed to be

initiated

Reasons in

brief for

instituting

or

proposing

disciplinary

action

Date of

institute

departmental

action

Whether the

person

concerned is

under

suspension if so

from what date

Present

position of

the case

Reasons

for delay

The period

by which the

case is

expected to

be finalized

Remarks

1 2 3 4 5 6 7 8 9 10

129

Disciplinary proceedings under

Government servants (E&D)

Rules, 1973 against accused

Government servants:

Furnishing of case material

Sl. No. 48:

Instances have come to the notice of the Establishment Division

that the Ministries/Divisions and Provincial Governments while

forwarding the cases for obtaining the orders of the competent

authority

i.e. Establishment Secretary under Rule 5 (1) (i) of the

Government Servants (E&D) Rules, 1973 do not generally observe

the provisions of said rules, laid down procedure and earlier

instructions issued on the subject matter. It has particularly been

observed that the copies of relevant documents and case material

against the accused officers are not enclosed as annexure alongwith

the Summary/Note for the Establishment Secretary, duly signed by

the respective authorized officers on the subject.

2. All the Secretaries/Additional Secretaries Incharge of

Ministries/Divisions and Chief Secretaries of the Provincial

Governments are requested to kind ensure that while forwarding the

cases of BS-17 and above Federal Government Servants, for

obtaining the orders of the Establishment Secretary under Rule 5 (1)

(i) of the Government Servants (E&D) Rules, 1973, following

information and copies of documents be enclosed alongwith the

Summary/Note:–

(i) In case of the proposal for placing BS-17 and above

Federal Government Servants under suspension, copies

of all relevant documents/case material including biodata

of the accused officer and copies of documents on the

basis of which suspension of the officer is necessitated

viz

. any complaint or fact finding inquiry/probe etc. be

provided.

(ii) In case of a request for extension in suspension period of

a Government Servant under suspension or extension in

forced leave period, on expiry of current sanction after

three months, the present position of the disciplinary

case including the stage of inquiry if it is in progress, may

invariably be stated in the said proposals.

130

(iii) In case of recommendation for reinstatement in service of

a Government Servant under suspension or termination

of forced leave period, the copies of complete record of

proceedings

viz. charge sheet alongwith statement of

allegations, show cause notice if issued instead of charge

sheet, report of the Inquiry Officer and final orders of the

Authorized Officer etc. be provided.

3. The above instruction may kindly be communicated to all the

concerned quarters for guidance and compliance in future.

[

Authority.– Establishment Division O.M. No.11/5/2000-D.1, dated 4-5-2000].

Applicability of the Disciplinary

Proceedings against Dismissed,

Removed or Compulsorily Retired

Civil Servants

Sl. No.49:

On a directive from the Chief Executive Secretariat, the

question as to whether any order under the Government Servants

(E&D) Rules, 1973 can be passed against a civil servant who

already stands dismissed from service, has been examined in

consultation with Law, Justice & Human Rights Division. It has

been clarified that if a person is dismissed or removed from service

or compulsorily retired he does not retain the status of a civil

servant for the purpose of any other disciplinary proceedings or

imposition of any other penalty. There is a concept of law that the

process of appeal is the continuation of the original proceedings,

therefore, if a dismissed, removed or retired employee moves a

departmental appeal or representation or files an appeal before the

appropriate judicial forum he is deemed to be a civil servant for that

particular matter only under the said concept of continuation of

status during the process of appeal.

2. Where an appeal is filed, the appellant may be treated as a

civil servant for the purpose of disposal of that appeal only and the

result of any other inquiry that may have been conducted may be

held in abeyance. However, if the dismissed, removed or retired

person does not filed any appeal, the order of dismissal, removal

from service or compulsory retirement will attain finality and the

result of the other inquiry will become infructuous.

[

Authority.–Establishment Division O.M.No.SCE/6/97, dated 14.1.2002].

131

Clarification in regard to Invocation of

Rules 3 and 8 of the Government

Servants (Efficiency & Discipline)

Rules, 1973 after coming into force

of the Removal from Service

(Special Powers) Ordinance, 2000

Please

see Sl. No. 40:

Review of Rule frame work

on Efficiency and Discipline

of Autonomous Bodes etc.

for incorporation of the

provisions

at par with Article 194

of Civil Services Regulations,

as Amended

Sl. No. 50:

The Prime Minister’s Office while examining the report in a case

of criminal offence committed by an employee of an autonomous

body has observed that departmental proceedings and action under

the criminal law are not mutually exclusive and could be taken

simultaneously without prejudice to the outcome in either

proceedings. Despite this legal position, organization’s report shows

that the court was successfully persuaded in this case by the accused

officer to grant bail,

inter alia, for the reason that no departmental

proceedings had been initiated against him; thereafter, on their part

the organization also proceeded further and reinstated the officer to

his substantive position on the basis of bail grant order in his favour,

to reinforce and obviate any legal challenge. It was obvious then that

the relevant authorities of the organization did not apply their own

mind to the facts and merits of the case leading to the registration of

the case, and to determine the desirability or otherwise of initiating

the Efficiency and Discipline proceedings against the accused officer.

Such indifference and apathy also reflects connivance on the face of

record, was unjustified and hence unacceptable. Prime Minister’s

Office has requested the Establishment Division to examine the

matter in detail; also to advise all Ministries/Divisions to direct the

State Enterprises/Autonomous Bodies under their administrative

control/responsibility to review their rule-framework on Efficiency and

Discipline for incorporation of the provisions

at par with article 194 of

the Civil Service Regulations, as amended.

132

2. The instruction printed at Serial No.118 (pages 542-543 of

ESTACODE 1989 edition) provide as under:–

i) There is no bar to the holding of a Departmental Inquiry

against a Government Servant who is being prosecuted

in a criminal court. However, departmental inquiry can

be deferred till the termination of criminal proceedings

where the holding of departmental inquiry may effect of

impeding the course of justice or of prejudicing the trial.

(ii) In case the accused Government Servant has been

acquitted from a criminal case on technical grounds

the departmental proceedings on the same facts can

be started.

(iii) In case the accused Government Servant cannot be

criminally prosecuted in a Court of law for some

reasons or others, it does not bar the Government for

inquiring into the truth of a charge against a

Government Servant by means of departmental inquiry.

It has been observed that above instructions are not fully followed by

the Ministries/divisions while dealing with criminal cases.

3. In view of the above all Ministries/Divisions are requested to

strictly follow the instructions contained in Establishment Division’s

Office Memorandum No.4/5/69-D.I, dated 17

th June,1969 printed at

Serial 118 (pages 542-543 of ESTACODE 1989 edition). They are

also advised that above instructions may be brought to the notice of

Heads of all attached Departments/Subordinate Offices/Autonomous

Bodies/State Enterprises etc., and the staff working under them for

their strict compliance.

*[4. Ministries/Divisions are further advised to direct the State

Enterprises/Autonomous Bodies under their administrative control/

responsibility to review their existing rule-framework on Efficiency and

Discipline and suitably incorporate following provisions of the civil

service Regulations in their Service Rules.

Article 194. A Government servant who has been charged for a

criminal offence or debit and is committed to prison

shall be considered as under suspension from the

date of his arrest. In case such a Government

servant is not arrested or is released on bail, the

*Subs

vide Establishment Division Corrigendum No.3/1/99-R.3, dated 8-6-1999.

133

competent authority may suspend him, by specific

order, if the charge against him is connected with

his position as Government servant or is likely to

embarrass him in discharge of his duties or involves

moral turpitude. During suspension period the

Government servant shall be entitled to the

subsistence grant as admissible under FR-53.

Article 351. Future good conduct is an implied condition of every

grant of a pension. The Local Government, and the

Government of Pakistan, reserve to themselves the

right of withholding or withdrawing a pension or any

part of it, if the pensioner be convicted of serious

crime or be guilty of grave misconduct.

The decision of the Governor General on any

question of withholding or withdrawing the whole or

any part of a pension under this Regulation shall be

………… and conclusive.

Article 351-A The Governor-General reserves to himself the right

to order the recovery from the pension of an officer

who entered service, of any amount on account of

losses found in judicial or departmental proceedings

to have been caused to Government by the

negligence or fraud of such officer during his service:

Provided that–

(1) such departmental proceedings, if not

instituted while the officer was on duty:–

i) shall not be instituted save with

sanction of the Governor General;

ii) shall be instituted before the officer’s

retirement from service or within a

year from the date on which he was

last on duty whichever is later;

iii) shall be in respect of an event which

took place not more than one year

before the date on which the officer

was last on duty; and

iv) shall be conducted by such authority

and in such places whether in

134

Pakistan or elsewhere, as the

Governor General may direct;

(2) all such departmental proceedings shall be

conducted, if the officer concerned so

request in accordance with the procedure

applicable to departmental proceedings on

which an order of dismissal from service

may be made; and

(3) such judicial proceedings, if not instituted

while the officer was on duty, shall have

been instituted in accordance with subclauses

(ii) and (iii) of clause (1).

Article 351-B The government may, within one year from

the date of issue of Pension Payment Order,

recover any of its dues from the pension

granted to a civil servant, subject to the

condition that no recovery shall be made from

the pension without the personal order of the

Head of the Ministry or Division or Head of

the Department, declared as such under S.R.

2(10) and included in Appendix No.14 Vol. II

of the compilation of the Fundamental Rules

and Supplementary Rules as the case may

be].

[

Authority.–Establishment Division O.M.No.3/1/99-R.3, dated 30-4-1999].

Government Policy in

regard to Autonomous

Bodies established

through Resolutions

Sl. No.51

A number of autonomous bodies were established by the

Federal Government from time to time through Resolutions under

which some measure of functional autonomy was allowed to the

Board of Governors/Board of Directors for the purpose of effective

discharge of their allocated responsibilities. The legal status of such

organizations came up for consideration before the Supreme Court in

Civil Appeal No.154 of 1988, and it was held by the Court that

135

organizations established through Resolutions were not bodies

corporate but Government departments, and their employees were

held to be civil servants.

2. In the light of the aforesaid decision of the Supreme Court

the question whether the organizations established through

Resolutions should be made bodies corporate after fulfilling the

required legal formality, or be run as a department of Government

has remained under consideration of the Government for some

time. The Chief Executive has now been pleased to approve the

following general policy guidelines:

–

i) All Ministries/Divisions incharge of organizations

established through Resolution should determine in

consultation with the Management Services Wing of

Cabinet Division whether those organizations should

be run as Government Department (

i.e. Attached

Department or Subordinate Office) or as autonomous

body.

ii) Where it is considered necessary in the public interest

to run an organization as an autonomous body for the

effective discharge of its functions, the Ministry/

Division concerned should either get it registered as a

Society or a Company under the relevant law or draft

a separate legislation in consultation with Law and

Cabinet Divisions for changing legal status of the

organization to that of a body corporate.

3. All Ministries/Divisions are requested to take necessary

action accordingly.

[

Authority.–Establishment Division O.M.No.4/1/91-R.7/R.3, dated 6-9-2000].

136

137

CHAPTER VI

FEDERAL PUBLIC SERVICE COMMISSION

*Constitutional

Provisions

Sl. No. 52:

Extracts from the Constitution of the Islamic Republic of Pakistan,

1973.

Article 242

(i) Parliament in relation to the affairs of the Federation and the

Provincial Assembly of a Province in relation to the affairs of the

Province, may, by law, provide for the establishment and constitution

of a Public Service Commission.

(ii) The Chairman of the Public Service Commission constituted

in relation to the affairs of the Federation shall be appointed by the

President in his discretion.

(iii) A Public Service Commission shall perform such functions as

may be prescribed by law.

Federal Public Service

Commission Ordinance,

1977

Sl. No. 53:

ORDINANCE No. XLV OF 1977

ORDINANCE

to repeal and, with certain modifications, re-enact

the Federal Public Service Commission Act, 1973

HEREAS it is expedient to repeal and, with certain modifications,

re-enact the Federal Public Service Commission Act, 1973 (LXVI of

1973);

ND WHEREAS the President is satisfied that circumstances exist

which render it necessary to take immediate action;

OW, THEREFORE, in pursuance of the Proclamation of the fifth

day of July, 1977, read with the Laws (Continuance in Force) Order,

1977 (CMLA Order No.1 of 1977), and in exercise of all powers

*For the Constitutional Provisions in the Constitutions of Islamic Republic of Pakistan 1956 and 1962,

please see Annexures III & IV.

138

enabling him in that behalf, the President is pleased to make and

promulgate the following Ordinance:–

Short title and commencement.–(1) This Ordinance may be

called the Federal Public Service Commission Ordinance, 1977.

(2) It shall come into force at once.

Definitions.–In this Ordinance, unless there is anything

repugnant in the subject or context,–

(a) "Commission" means the Federal Public Service

Commission; and

(b) "member" means a member of the Commission and

includes the Chairman thereof.

Composition of Commission, etc.–(1) There shall be a

Federal Public Service Commission.

(2) The President shall by regulations determine –

(a) the number of members of the Commission and their

conditions of service; and

(b) the number of members of the staff of the Commission

and their conditions of service:

Provided that the salary, allowances and privileges of a member

of the Commission shall not be varied to his disadvantage during his

term of office.

(3) The Chairman and other members of the Commission shall

be appointed by the President.

(4) *[The Commission shall have–

(a) not less than one half of the members who shall be

persons having held in the service of Pakistan in basic

pay scale 21 or above post:

Provided that no serving Government servant shall

be appointed as a member;

*Subs

vide FPSC (Amendment) Ordinance No.LVI of 2000, dated 17-11-2000.

139

(b) At least one member each from–

i. retired judges of the superior judiciary;

ii. retired officers not below the rank of Major-

General or equivalent of the Armed Forces;

and

iii. women and the private sector possessing

such qualification and experience as the

Federal Government may by rules

prescribe].

*[(5) No proceedings or act of the Commission shall be invalid

merely on the ground of the existence of a vacancy in, or a defect in

the constitution of the Commission].

Term of office of members, etc.– **[(1) A member of the

Commission shall hold office for a term of five years from the date on

which he enters upon office and shall not be eligible for reappointment]:

(2) A member may resign his office by writing under his hand

addressed to the President.

**[4A.

Oath of Office.–Before entering upon office the Chairman

and a member shall make oath in the form set out in the Schedule to

this Ordinance before the President in case of Chairman and before

the Chairman in case of a member].

**[Ineligibility for further employment.–On ceasing to hold

office a member shall not be eligible for further employment in the

service of Pakistan].

5A. **[

Appointment of a serving member as a Chairman.–

A serving member of the Commission shall be eligible for

appointment as Chairman for a term not exceeding the unexpired

portion of his term as such member].

Amended vide Federal Public Service Commission Ordinance No. LI/1980 dated 1-10-1980.

**Subs. and Added

vide Federal Public Service Commission Ordinance No.LVI of 2000,

dated 17-11-2000.

140

Removal from office.– A member shall not be removed from

office except in the manner applicable to a Judge of a High Court.

*[7.

Functions of the Commission.–(1) The functions of the

Commission shall be–

(a) to conduct tests and examinations for recruitment of

persons to:

(i) All-Pakistan Services, the civil services of the

Federation and civil posts in connection with the

affairs of the Federation in basic pay scale 16 and

above or equivalent; and

(ii) Posts in basic pay scale 11 to 15 or equivalent in

the following departments:

(1) The Federal Secretariat;

(2) The Central Board of Revenue;

(3) The Federal Investigation Agency;

(4) The Anti-Narcotics Force;

(5) The Pakistan Railways;

(6) The Directorate General of Immigration and

Passports;

(7) The Export Promotion Bureau;

(8) The Islamabad Capital Territory Administration;

(9) The Bureau of Emigration and Overseas

Employment;

(10) The Estate Office;

(11) The organizations, except autonomous bodies,

under the Ministry of Health and the Ministry of

Education; and

(b) to advise the President–

(i) On matters relating to qualifications for and method of

recruitment to, services and posts referred to in

clause (a);

*Subs

vide Federal Public Service Commission (Amendment) Ordinance No.LVI of 2000

dated 17-11-2000.

141

(ii) On the principles to be followed in making initial

appointments to the services and posts referred to in

clause (a) and in making appointments by promotion to

posts in BS 18 and above and transfer from one service

or occupational group to another; and

(iii) On any other matter which the President may refer to the

Commission; *[and]

*[(c) to hold examinations for promotion for such posts as the

Federal Government may, from time to time, by notification in the

official Gazette, specify].

Explanation.–

In this section, “recruitment” means initial appointment

other than by promotion or transfer.

(2) Recruitment to the following posts shall be outside the

purview of the Commission: –

(i) In the President’s Secretariat;

(ii) Filled by appointing a person on contract for a specified

period not exceeding two years;

(iii) Filled on

ad hoc basis for a period of six months or less

provided that–

(1) No

ad hoc appointment shall be made before

placing a requisition with the Commission for

regular appointment; and

(2) Before filling the post on

ad hoc basis, prior

approval shall be obtained from the Commission;

(iv) Filled by re-employing a retired officer, provided that the

re-employment is made for a specified period not

exceeding two years in a post not higher than the post in

which the person was employed on regular basis before

retirement; and

(v) Filled by the employment or re-employment of persons

on the recommendations of the High Powered Selection

Board constituted by the President who are, or have

been, Officers of the Armed Forces and hold, or have

held, such posts therein as are declared by the President

to be equivalent to the posts to be so filled].

*Subs and added

vide Ordinance No.XLIX of 2002 dated 3.9.2002.

142

[(3) (a) A candidate aggrieved by any decision of the Federal

Public Service Commission may, within thirty days of such decision,

make a representation to the Commission and the Commission shall

decide the representation within fifteen days after giving the

candidate a reasonable opportunity of hearing. The decision of the

Commission, subject to the result of review petition, shall be final.

(b) A candidate aggrieved by the decision of the

Commission made under paragraph (a) may, within fifteen days of

the decision, submit a review petition to the Commission and the

Commission shall be decide the review petition within thirty days

under intimation to the petitioner.

proceeding taken under this Ordinance, or rules made thereunder, by

the commission shall be called in question in any court and no

injunction shall be granted by any court in respect of any decision

made or taken in pursuance of any power conferred by, or under, this

Ordinance.

(d) Any candidate aggrieved by a decision of the

Commission under paragraph (b) may, within thirty days of the

decision, prefer an appeal to the High Court].

**[7-A.

Conduct of business of Commission, etc.–The

Chairman of the Commission may, with the approval of the

Federal Government, make rules for regulating the conduct of the

business of the Commission; and such rules may provide for any of

the functions of the Commission specified by it being performed by a

Committee composed of two or more members constituted by the

Chairman for the purpose].

***[

Validation.–All appointments of persons who are or have

been, officers of the Armed Forces of Pakistan, made on or after the

fifth day of July,1977 but before the twenty-fifth day of June, 1980,

without reference to the Federal Public Service Commission shall be

deemed to have been validly made].

Commission to be informed when its advice not

accepted

.–Where the President does not accept the advice of the

Commission, he shall inform the Commission accordingly.

*Added

vide Federal Public Service Commission (Amendment) Ordinance No.XVI of 2001,

dated 27-3-2001.

Added vide Federal Public Service Commission (Amendment) Ordinance No.XXV of 1978,

dated 24-5-1978

***Added

vide Federal Public Service Commission (Amendment) Ordinance No.LI of 1980.

143

Reports of Commission.–(1) It shall be the duty of the

Commission to present to the President annually a report on the work

done by the Commission, and the President shall cause a copy of the

report to be laid before the National Assembly and the Senate.

(2) The report referred to in sub-section (1) shall be accompanied

by a memorandum setting out so far as is known to the Commission.

(a) the cases, if any, in which the advice of the Commission

was not accepted and the reasons therefor; and

(b) the matters, if any, on which the Commission ought to

have been consulted but was not consulted and the

reasons therefor.

10.

Rules.– The Federal Government may, by notification in the

official Gazette, make rules, for carrying out the purposes of this

Ordinance.

11. *Omitted.

**[SCHEDULE

[(See section 4A)]

I, ___________________________________________ do

solemnly swear that I will bear true faith and allegiance to Pakistan:

That, as a Chairman (or Member) of the Federal Public Service

Commission I will discharge my duties, and perform my functions,

honestly, to the best of my ability and faithfully in accordance with the

Constitution of the Islamic Republic of Pakistan and the law, and

always in the interest of the solidarity, integrity, well-being and

prosperity of Pakistan.

That, I will not allow my personal interest to influence my official

conduct or my official decisions and that in the performance of my

functions, whether in the selection of persons for recruitment or

appointment or in any other way, I will act without fear or favour,

affection or ill will.

May Allah Almighty help and guide me (A’meen).

MUHAMMAD RAFIQ TARAR

President].

[

Authority.– Federal Public Service Commission Ordinance No.F.24(1)/77-Pub.,dated 17-12-1977].

*Omitted

vide Federal Public Service Commission Ord. No. XLV of 1977, dated 17-12-1977.

**Added

vide Federal Public Service Commission (Amendment) Ordinance No. LVI of 2000 .

144

Federal Public Service Commission

(Functions) Rules, 1978

Sl. No. 54:

In exercise of the powers conferred by section 10 of the Federal

Public Service Commission Ordinance, 1977 (XLV of 1977), the

Federal Government is pleased to make the following rules, namely:–

1. These Rules may be called the Federal Public Service

Commission (Functions) Rules, 1978.

2. In these rules, unless there is anything repugnant in the

subject or context,–

(a) "

ad hoc basis", when used with reference to an

appointment, means appointment of a person on

temporary basis pending appointment of a person

nominated by the Commission;

(b) "civil servant" means a person who is, or has been, a

civil servant within the meaning of the Civil Servants

Act, 1973 (LXVI of 1973);

(d) "regular basis" when used with reference to an

appointment, means appointment other than on

ad hoc

basis, or on contract, or on a temporary basis, for a

specified period;

(e) "retired officer" includes a retired officer of the Armed

Forces; and

(f) "test" includes written examination, interview and

viva

voce.

3. **[(1) The Commission shall conduct tests and examinations

for recruitment to all posts–

(i) in connection with the affairs of the Federation in basic pay

scales 16 and above or equivalent; and

(ii) in basic pay scales 11 to 15 or equivalent in–

(1) the Federal Secretariat;

(2) the Central Board of Revenue;

*Omitted

vide Establishment Division Notification S.R.O. No.147(I)/84, dated 9-2-1984.

**Subs

vide Establishment Division Notification S.R.O. No.415(I)/2000, dated 19-6-2000.

145

(3) the Federal Investigation Agency;

(4) the Anti-Narcotics Force;

(5) the Pakistan Railways;

(6) the Directorate General of Immigration and

Passports;

(7) the Export Promotion Bureau;

(8) the Islamabad Capital Territory Administration;

(9) the Bureau of Immigration and Overseas

Employment;

(10) the Estate Office;

(11) the Organizations, except autonomous bodies, under

the Ministry of Health and Ministry of Education, other

than the posts–

(a) specified in the Schedule to these rules;

(b) filled by appointing a person on contract for a

specified period not exceeding two years;

ad hoc basis for a period of six months

or less provided that–

(i) no

ad hoc appointment shall be made

before placing a requisition with the

Commission for regular appointment; and

(ii) before filling the post on

ad hoc basis, prior

approval shall be obtained from the

Commission;

(d) filled by re-employing a retired officer provided

that re-employment is made for a period not

exceeding two years in a post not higher than

the post in which the person was employed on

regular basis before retirement; and

146

(e) filled by the employment, other than posts in pay

scale 17 filled by serving armed forces officers

on the recommendations of FPSC, or reemployment

of persons who are, or have been

officers of the armed forces of Pakistan and

held, or have held such posts therein as are

declared by the President to be equivalent to the

posts to be so filled; and

(2) For removal of doubts it is clarified that the process

already initiated for recruitment to posts in BPS 11 to 15 shall be

completed in accordance with the provisions of these rules existing

immediately before the provisions of sub-rule (1) if the advertisement

for recruitment had already appeared in the newspapers;

SCHEDULE

[

See rule 3 (a)]

POSTS EXCLUDED FROM THE PURVIEW OF THE COMMISSION

Ministry, Division or Organization. Name of post

President’s Secretariat All posts].

(Personal or Public)

4. The Commission shall test civil servants appointed at any time

between the first day of January, 1972 and the fifth day of July, 1977,

or promoted to a higher post during the said period whose cases may

be referred to the Commission by the President, and make a report to

the President whether they are fit to hold the post to which they were

appointed or promoted, as the case may be, and, if not, whether they

are fit to hold any other civil post *[equivalent or lower, as the case

may be] compatible with their qualifications and experience.

*Subs

vide Establishment Division Notification S.R.O. No. 147(I)/84 dated 9-2-1984.

147

*[5. The Commission shall, on a reference made by the

appointing authority, test persons who may have been appointed to a

civil post without observing the prescribed procedure or without

fulfilling the prescribed qualifications, experience and age limits, and

advise whether they are fit to hold the post to which they were

appointed, and , if not, whether they are fit to hold any other civil post

in the same or lower Basic Scale compatible with their qualifications

and experience].

*Added

vide Establishment Division Notification S.R.O. No.848(I)/2002, dated 27.11.2002.

148

SCHEDULE

[

See Rule 3(a)]

POSTS EXCLUDED FROM THE PURVIEW OF THE COMMISSION

Ministry/Division Name of post

1. All Ministries Private Secretaries to Ministers and Ministers of

State.

2. Ministry of Foreign Affairs Posts connected with cypher control and

management

3. Intelligence Bureau All posts.

4. Defence Production

Division

(1) All posts in the Pakistan Ordnance Factories

and Project p.711.

(2) All posts under the Pakistan Space and Upper

Atmosphere Research Committee.

5. Defence Division (1) All posts in the Directorate General, Inter

Services Intelligence.

*[(2) The post of Civilian Intelligence Operator

(BS-17) in Survey Section, Military Intelligence

Directorate, GHQ.]

**[(3) Posts connected with defence projects.]

***[(4) All posts in BPS-16 and above in the PAF

Public School Lower Topa Murree under

Ministry of Defence.]

@[Prime Minister's

Secretariat

Prime Minister's Office all posts in BPS-16 and

above.]

@@[Revenue Division (i) Posts of Senior Auditor (BS-16) in the Sales Tax

Department under the Central Board of

Revenue.

(ii) Posts of Computer Operator (BS-16) in the

Sales Tax Department under the Central Board

of Revenue.]

Note.

–The exclusion, from the purview of the Federal Public Service Commission,

of posts in Serial No.7, shall be a one time exemption for recruitment of officers or

officials

[

Authority.–Establishment Division Notification S.R.O. No. 1316 (I)/78, dated 9-11-1978].

*Re-numbered (1) and Added (2)

vide Establishment Division Notification S.R.O.No.1221(I)/97,

dated 3-12-1997.

**Added

vide Establishment Division Notification S.R.O. No. 836(I)/98, dated 21-7-1998.

***Added

vide Establishment Division Notification S.R.O. No.1052(I)/98, dated 16-10-1998

Added vide Establishment Division Notification S.R.O. No. 1003(I)/98, dated 28-9-1998.

Added vide Establishment Division Notification S.R.O. No. 477(I)/99, dated 14-4-1999.

149

CHAPTER VII

THE SERVICE TRIBUNALS

Constitutional provisions

Sl. No.55:

Extract from the Constitution of the Islamic Republic

of Pakistan, 1973.

Article No.212

– (1) Notwithstanding anything

hereinbefore contained, the appropriate Legislature

may by Act provides for the establishment of one or

more Administrative Courts or Tribunals to exercise

exclusive jurisdiction in respect of –

(a) matter relating to the terms and conditions of

persons who are or have been in the service

of Pakistan, including disciplinary matters;

(b) matters relating to claims arising from

tortuous acts of Government, or any person

in the service of Pakistan, or of any local or

other authority empowered by law to levy any

tax or cess and any servant of such authority

acting in the discharge of his duties as such

servant; or

and disposal of any property which is

deemed to be enemy property under any law.

(2) Notwithstanding anything hereinbefore

contained, where any Administrative Court or Tribunal

is established under clause (1), no other court shall

grant an injunction, make any order or entertain any

proceedings in respect of any matter to which the

jurisdiction of such Administrative Court or Tribunal

extends and all proceedings in respect of any such

matter which may be pending before such other court

immediately before the establishment of the

Administrative Court or Tribunal; other than an appeal

pending before the Supreme Court, shall abate on

such establishment:

Provided that the provisions of this clause shall

not apply to an Administrative Court or Tribunal

Administrative Courts and

Tribunals.

150

established under an Act of a Provincial Assembly

unless, at the request of that Assembly made in the

form of a resolution, Majlis-e-Shoora (Parliament) by

law extends the provisions to such a Court or

Tribunal.

(3) An appeal to the Supreme Court from a

judgment, decree, order or sentence of an

Administrative Court or Tribunal shall lie only if the

Supreme Court, being satisfied that the case involves

a substantial question of law of public importance,

grants leave to appeal.

The Service Tribunals Act,

1973 (Act No. LXX of 1973)

Sl. No. 56:

An Act to provide for the establishment of Service Tribunals to

exercise jurisdiction in respect of matters relating to the terms and

conditions of service of civil servants.

WHEREAS it is expedient to provide for the establishment of

Administrative Tribunals, to be called Service Tribunals, to exercise

exclusive jurisdiction in respect of matters relating to the terms and

conditions of service of civil servants, and for matters connected

therewith or ancillary thereto.

It is hereby enacted as follows:

–

Short title, commencement and application.–(1) This Act

may be called the Service Tribunals Act, 1973.

(2) It shall come into force at once.

(3) It applies to all civil servants wherever they may be.

Definitions.–-In this Act, unless there is anything repugnant in

the subject or context,

–-

*[(a) "civil servant" means a person who is, or has been, a

civil servant within the meaning of the Civil Servants

Act, 1973 (LXXI of 1973);] **[and shall include a person

declared to be a civil servant under section 2(a); and]

*Subs

vide Service Tribunals (Amendment) Act XXXI of 1974, dated 6-5-1974.

**Added

vide Service Tribunals (Amendment) Act XVII of 1997, dated 10-6-1997.

151

(b) "Tribunal" means a Service Tribunal established under

section 3.

*[2-A.

Service under certain corporations, etc. to be service of

Pakistan.

–Service under any authority, corporation, body or

organization established by or under a Federal law or which is owned

or controlled by the Federal Government or in which the Federal

Government has a controlling share or interest is hereby declared to

be service of Pakistan and every person holding a post under such

authority, corporation, body or organization shall be deemed to be a

civil servant for the purposes of this Act].

Tribunals.–(1) The President may, by notification in the official

Gazette, establish one or more Service Tribunals and, where there

are established more than one Tribunal, the President shall specify in

the notification the class or classes of civil servants in respect of

whom or the territorial limits within which, or the class or classes of

cases in respect of which, each such Tribunal shall exercise

jurisdiction under this Act.

(2) A Tribunal shall have exclusive jurisdiction in respect of

matters relating to the terms and conditions of service of civil

servants, including disciplinary matters.

(3) A Tribunal shall consist of

–

(a) a Chairman, being a person who **[is, or] has been,

qualified to be Judge of a High Court; and

***[(b) such number of members

@[not less than three] each of

whom is a person who possesses such qualifications

as may be prescribed by rules, as the President may

from time to time appoint].

(4) The Chairman and members of a Tribunal shall be appointed

by the President on such terms and conditions as he may determine.

(5) The Chairman or a member of a Tribunal may resign his

office by writing under his hand addressed to the President.

(6) The Chairman or a member of a Tribunal shall not hold any

other office of profit in the service of Pakistan if his remuneration is

thereby increased.

*Added

vide Service Tribunals (Amendment) Act XVII of 1997, dated 10-6-1997.

**Ins

vide Service Tribunals (Amendment) Act XIX of 1977, dated 13-5-1977.

***Added

vide Ordinance No. IX of 1978, dated 18-3-1978.

Subs vide Service Tribunals (Amendment) Act IV of 1987, dated 15-6-1987.

152

(7) Notwithstanding anything contained in sub-section (3),

subsection (4), sub-section (5) or sub-section (6), a Tribunal

established to exercise jurisdiction in respect of a specified class or

classes of cases may consist of one or more persons in the service of

Pakistan to be appointed by the President.

*[3-A.

Benches of the Tribunal.–(1) The powers and functions

of a Tribunal may be exercised or performed by Benches consisting

of not less than two members of Tribunal, including the Chairman,

constituted by the Chairman.

(2) If the members of a bench differ in opinion as to the decision

to be given on any point,

–

(a) the point shall be decided according to the opinion of

the majority;

(b) if the members are equally divided and the Chairman of

the Tribunal is not himself a member of the bench, the

case shall be referred to the Chairman and the decision

of the Tribunal shall be expressed in terms of the

opinion of the Chairman; and

the Tribunal is himself a member of the bench, the

opinion of the Chairman shall prevail and the decision

of the Tribunal shall be expressed in terms of the

opinion of the Chairman].

Appeals to Tribunals.–-(1) Any civil servant aggrieved by any

**[ ] order, whether original or appellate, made by a departmental

authority in respect of any of the terms and conditions of his service

may, within thirty days of the communication of such order to him,

***[or within six months of the establishment of the appropriate

Tribunal, whichever is later, prefer an appeal to the Tribunal]:

Provided that

–

(a) where an appeal, review or representation to a departmental

authority is provided under the Civil Servants Ordinance,

1973, or any rule against any such order, no appeal shall lie

to a Tribunal unless the aggrieved civil servant has preferred

an appeal or application for review or representation to such

*Added

vide Ordinance No. IX of 1978, dated 18-3-1978.

**Omitted

vide Service Tribunals (Amendment) Act XVII of 1997, dated 10-6-1997.

***Subs

vide Service Tribunals (Amendment) Act No. XXXI of 1974, dated 6-5-1974.

153

departmental authority and a period of ninety days has

elapsed from the date on which such appeal,

application or representation was so preferred; *[ ]

(b) no appeal shall lie to a Tribunal against an order or

decision of a departmental authority determining the

fitness or otherwise of a person to be appointed to or

hold a particular post or to be promoted to a higher

grade; **[and]

***[(c) no appeal shall lie to a Tribunal against an order or

decision of a departmental authority made at any time

before the 1st July, 1969].

(2) Where the appeal is against an order or decision of a

departmental authority imposing a departmental punishment or

penalty on a civil servant, the appeal shall be preferred

–

(a) in the case of a penalty of dismissal from service,

removal from service, compulsory retirement or

reduction to a lower post or time-scale or to a lower

stage in a time-scale, to a Tribunal referred to in

sub-section (3) of section 3 ;and

(b) in any other case, to a Tribunal referred to in

sub-section (7) of that section.

Explanation

.–In this section, "departmental authority" means any

authority other than a Tribunal, which is competent to make an order

in respect of any of the terms and conditions of civil servants.

Powers of Tribunals.–(1) A Tribunal may, on appeal, confirm,

set aside, vary or modify the order appealed against.

(2) A Tribunal shall, for the purpose of deciding any appeal, be

deemed to be a civil court and shall have the same powers as are

vested in such court under the Code of Civil Procedure, 1908 (Act V

of 1908), including the powers of

–

(a) enforcing the attendance of any person and examining him

on oath;

(b) compelling the production of documents; and

documents.

*The word "and" Omitted

vide Service Tribunals (Amendment) Act XXXI of 1974.

**Subs

vide Service Tribunals (Amendment) Act No. XXXI of 1974, dated 6-5-1974.

***Added

vide Service Tribunals (Amendment) Act XXXI of 1974.

154

Abatement of suit and other proceedings.–All suits, appeals

or applications regarding any matter within the jurisdiction of a

Tribunal pending in any court immediately before the commencement

of this Act shall abate forthwith:

Provided that any party to such a suit, appeal or application may,

within ninety days of the *[establishment of the appropriate Tribunal,

prefer an appeal to it] in respect of any such matter which is in issue

in such suit, appeal or application.

Limitation.–The provisions of sections 5 and 12 of the

Limitation Act,1908 (IX of 1908),shall apply to appeals under this Act.

Rules.–(1) The Federal Government may, by notification in the

official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the

foregoing power, such rules may provide for all or any of the following

matters namely:

–

(a) requirements as to the number of members of the Tribunal

necessary for hearings before, or order or decision by, a

Tribunal *[or a Bench thereof]; and

(b) filling for a specified period any vacancy in the office of the

Chairman or a member of the Tribunal caused by the

absence on leave or other-wise of the Chairman or, as the

case may be, a member.

Repeal.– The Service Tribunals Ordinance, 1973 (XV of

1973), is hereby repealed.

*Subs

vide Service Tribunals (Amendment) Act XXXI of 1974.

155

Annexure – I

Extracts from the Constitution of the Islamic Republic of

Pakistan, 1956.

THE SERVICES OF PAKISTAN

HAPTER I. – SERVICES

179

.–(1) No person who is not a citizen of Pakistan shall

be eligible to hold any office in the service of Pakistan;

Provided that the President or, in relation to a Province,

the Governor, may authorize the temporary employment of a

person who is not a citizen of Pakistan;

Provided further that a person who is, immediately before

the Constitution Day, a servant of the Crown in Pakistan shall

not be disqualified from holding any office in the service of

Pakistan on the ground only that he is not a citizen of

Pakistan.

(2) Except as expressly provided by the Constitution, the

appointment and conditions of service of persons in the

service of Pakistan may be regulated by Act of the

appropriate legislature.

Conditions of

service of

persons in

the service

of Pakistan.

180.

–Except as expressly provided by the Constitution–

(a) every person who is a member of a defence

service, or of a civil service of the Federation, or of

an All-Pakistan Service, or holds any post connected

with defence, or a civil post in connection with the

affairs of the Federation, shall hold office during the

pleasure of the President, and

(b) every person who is a member of a civil service of a

Province or holds any civil post in connection with

the affairs of a Province, other than a person

mentioned in paragraph (a) of this Article, shall hold

office during the pleasure of the Governor.

Tenure of

office of

persons

employed

in public

services.

181.

–(1) No person who is a member of a civil service of

the Federation or of a Province, or of an All-Pakistan Service,

or holds a civil post in connection with the affairs of the

Federation, or of a Province, shall be dismissed or removed

from service, or reduced in rank, by an authority subordinate

to that by which he was appointed.

Dismissal,

disciplinary

matters,

etc.

156

(2) No such person as aforesaid shall be dismissed or

removed from service, or reduced in rank, until he has been

given a reasonable opportunity of showing cause against

the action proposed to be taken in regard to him:

Provided that this clause shall not apply–

(a) where a person is dismissed or removed from service

or reduced in rank on the ground of conduct which

has led to his conviction on a criminal charge; or

(b) where an authority empowered to dismiss or remove

from service a person, or to reduce him in rank, is

satisfied that for some reason, to be recorded by that

authority, it is not reasonably practicable to give that

person an opportunity of showing cause; or

may be, is satisfied, for reasons to be recorded by

him, that in the interest of the security of Pakistan or

any part thereof, it is not expedient to give to that

person such an opportunity.

Recruitment

and conditions

of service.

182.– Except as expressly provided by the Constitution

or an Act of the appropriate legislature, appointments to the

civil services of, and civil posts in the service of, Pakistan

shall be made–

(a) in the case of services of the Federation and posts in

connection with the affairs of the Federation, by the

President or such person as he may direct;

(b) in the case of services of a Province and posts in

connection with the affairs of a Province, by the

Governor of the Province, or such person as he may

direct.

(2) Except as expressly provided by the Constitution, or an

Act of the appropriate legislature, the conditions of service of

persons serving in a civil capacity shall, subject to the

provisions of this Article, be such as may be prescribed–

(a) in the case of persons serving in connection with the

affairs of the Federal, by

2rules made by the

President, or by some person authorized by the

President to make rules for the purpose;

For the Pakistan Military Lands and Cantonments Service (Class I) Probation, Training and Seniority Rules, 1956,

see

Gaz, of P., 1956, Ext., pp. 1153-1164.

For the Karachi Excise Subordinate Service Recruitment Rules, see Gaz. of P., 1956, Pt.VI, pp.67 & 168.

157

(b) in the case of persons serving in connection with the

affairs of a Province, by

1rules made by the Governor

of the Province, or by some person authorized by the

Governor to make rules for the purpose;

Provided that it shall not be necessary to make rules

regulating the conditions of service of persons employed

temporarily on the condition that their employment may be

terminated on one month’s notice or less; and nothing in this

clause shall be construed as requiring the rules regulating the

conditions of service of any class of persons to extend to any

matter which appears to the rule-making authority to be a

matter not suitable for regulation by rule in the case of that

class:

Provided further that no such Act as is referred to in this

clause shall contain anything inconsistent with the provisions

of clause (3).

(3) The rules under clause (2) shall be so framed as to

secure–

(a) that the tenure and conditions of service of any person

to whom this Article applies shall not be varied to his

disadvantage; and

(b) that every such person shall have at least one appeal

against any order which–

(i) punishes or formally censures him; or

(ii) alters or interprets to his disadvantage any rule

affecting his conditions of service; or

(iii) terminates his employment otherwise than upon his

reaching the age fixed for superannuation:

Provided that when any such order is the order of the

President or the Governor, the person affected shall have no

right of appeal, but may apply for review of that order.

Rules for the grant of anticipatory pension, see Gazette of West Pakistan, 1956, Pt. I, pp.

509-515.

158

All Pakistan

Services.

183.–(1) In the Constitution “All Pakistan Services”

means the services common to the Federation and the

Provinces which were the All-Pakistan Services

immediately before the Constitution Day.

(2) Parliament shall have exclusive power to make

laws with respect to the All-Pakistan Services.

(3) Articles 182 and 188 shall apply to the All-Pakistan

Services as they apply to Services of the Federation.

(4) No member of an All-Pakistan Service shall be

transferred to a Province to serve in connection with the

affairs of that Province, or be transferred from that

Province, except by order of the President made after

consultation with the Governor of that Province.

(5) While a member of an All-Pakistan Service is

serving in connection with the affairs of a Province, his

promotion and transfer within that Province, and the

initiation of any disciplinary proceedings against him in

relation to his conduct in that Province, shall take place by

order of the Governor of that Province.

159

Annexure – II

Extracts from the Constitution of the Islamic Republic of

Pakistan, 1962.

THE SERVICES OF PAKISTAN

HAPTER I. – TERMS AND CONDITIONS OF SERVICE, ETC.

174.

–Subject to this Constitution, the appointment of

persons to, and the terms and conditions of service of

persons in, the service of Pakistan may be regulated by

law.

Terms and

conditions of

service to be

regulated by

law.

175

.–A person who is not a citizen of Pakistan shall not,

except as provided in clause (2) of this Article, be eligible to

hold any office in the service of Pakistan.

(2) A person who, immediately before the commencing

day, was in the service of Pakistan shall not be disqualified

from continuing in the service of Pakistan by reason only

that he is not a citizen of Pakistan.

Persons in

Public service

to be citizens.

176

.–Subject to this Constitution–

(a) a person who is a member of an All-Pakistan

Service, of any of the Defence Services of Pakistan

or of a civil service of the Centre, or who holds a

post connected with defence or a civil post in

connection with the affairs of the Centre, shall hold

office during the pleasure of the President; and

(b) a person who is a member of a civil service of a

Province, or who, except as a member of an All-

Pakistan Service, holds a civil post in connection

with the affairs of a Province, shall hold office during

the pleasure of the Governor of the Province.

Tenure of

office of

persons in

services, etc.

160

Removal

from office,

etc.

177

.–(1) Subject to this Constitution, a person who is a

member of an All-Pakistan Service or of a civil service of the

Centre or of a Province, or who holds a civil post in connection

with the affairs of the Centre or of a Province–

(a) shall not be dismissed or removed from service, or

reduced in rank, by an authority subordinate to that by

which he was appointed unless that subordinate

authority has been expressly empowered to do so by

an authority not so subordinate; and

(b) subject to clause (2) of this Article, shall not be

dismissed or removed from service, or be reduced in

rank, unless he has been given a reasonable

opportunity of showing cause against the action

proposed to be taken with respect to him.

(2) Paragraph (b) of clause (1) of this Article shall not apply–

(a) where a person is dismissed or removed from

service, or reduced in rank, on the ground of conduct

which has led to his conviction, entailing

imprisonment, on a criminal charge; or

(b) where an authority empowered to dismiss or remove

a person from service, or to reduce a person in rank,

considers that, in the circumstances of the case, it is

not practicable to give to the person an opportunity of

showing cause or that it would be prejudicial to the

security of Pakistan for the person to be given such

an opportunity.

Appointments

to civil posts,

etc.

178

.–(1) Subject to this Constitution and Law –

(a) appointments to an All-Pakistan Service or to a civil

service of the Centre, or to a civil post in connection

with the affairs of the Centre, shall be made by the

President or a person authorized by the President in

that behalf; and

(b) appointments to a civil service of a Province, or to a

civil post in connection with the affairs of a Province,

shall be made by the Governor of the Province or a

person authorized by the Governor in that behalf.

161

(2) Subject to this Constitution and law, the terms and

conditions of service of persons serving in a civil capacity in the

service of Pakistan (other than persons whose terms and

conditions of service are specified in this Constitution) shall be as

prescribed–

(a) in the case of a person who is a member of an All-Pakistan

Service or who is serving in connection with the affairs of

the Centre – by rules made by the President or by a person

authorized by the President in that behalf; and

(b) in the case of a person (not being a member of an All-

Pakistan Service) who is serving in connection with the

affairs of a Province – by rules made by the Governor of

the Province or by a person authorized by the Governor in

that behalf.

(3) Rules made for the purposes of clause (2) of this Article

shall be so framed as to ensure –

(a) that the terms and conditions of service of a person (in so

far as those terms and conditions relate to remuneration

or age fixed for superannuation) are not varied to his

disadvantage; and

(b) that where an order is made which -

(i)

punishes or formally censures a person;

(ii)

alters or interprets to the disadvantage of a person any

rule affecting his terms or conditions of service; or

(iii)

terminates the employment of a person otherwise than

upon his reaching the age fixed for superannuation,

he shall, except where the order is made by the President or a

Governor, have at least one appeal against the order and, where

the order is made by the President or a Governor, he shall have

the right to apply to the President or the Governor for a review of

the order.

179

.–(1) Subject to this Constitution and law, the president, in

relation to the affairs of the Centre, and the Governor of a

Province, in relation to the affairs of a Province, may authorize the

temporary employment of persons in the service of Pakistan and

may make rules for regulating such temporary employment.

(2) The preceding Articles of this Chapter (other than Article

174) do not apply to or in relation to the temporary employment of

persons in the service of Pakistan.

Temporary

employees.

162

Annexure – III

Extracts from the Constitution of the Islamic Republic of

Pakistan, 1956.

THE SERVICES OF PAKISTAN

HAPTER I.– PUBLIC SERVICE COMMISSIONS

Public Service

Commissions

184

.–(1) Subject to the provisions of this Article, there shall

be a Public Service Commission for the Federation, and a

Public Service Commission for each Province.

(2) The Public Service Commission for the Federation, if

requested so to do by the Governor of a Province, may, with

the approval of the President, exercise all or any of the

functions of the Public Service Commission of the Province.

(3) Where the federal Public Service Commission is

exercising the functions of a Provincial Public Service

Commission in respect of any matter, references in the

Constitution or in any Act to the Provincial Public Service

Commission shall, unless the context otherwise requires, be

construed, in relation to that matter, as references to the

Federal Public Service Commission.

Composition of

Public Service

Commissions

185

.–In the case of the Federal Public Service

Commission the President, and in the case of a Provincial

Public Service Commission the Governor, may by regulations

determine–

(a) the number of members of the Commission and their

conditions of service; and

(b) the number of members of the staff of the Commission

and their conditions of service.

Appointment,

etc., of

members of

Public Service

Commissions.

186

.–(1) The Chairman and other members of a Public

Service Commission shall be appointed, in the case of the

Federal Public Service Commission by the President in his

discretion, and in the case of a Provincial Public Service

Commission by the Governor of the Province in his discretion.

163

(2) Not less than one half of the members of a Public

Service Commission shall be persons who have held office

in the service of Pakistan for not less than fifteen years.

Explanation

.–for the purposes of this Article the service

of Pakistan shall be deemed to include the service of the

Crown in British India, and the service of the Crown in

Pakistan before the Constitution Day.

(3) The term of office of the Chairman and other

members of the Federal Public Service Commission and of

a Provincial Public Service Commission shall be five

years.

(4) Any member of a Public Service Commission may

resign his office by writing under his hand addressed, in

the case of the Federal Public Service Commission to the

President, and in the case of a Provincial Public Service

Commission to the Governor.

(5) On ceasing to hold office–

(a) the Chairman of the Federal Public Service

Commission shall not be eligible for further

employment in the service of Pakistan;

(b) the Chairman of a Provincial Public Service

Commission shall be eligible for appointment as

Chairman or other member of the Federal Public

Service Commission, or as Chairman of another

Provincial Public Service Commission, but shall not

be eligible for any other employment in the service

of Pakistan; and

than the Chairman thereof, shall be eligible for

appointment as Chairman or other member of any

Public Service Commission other than that on which

he has already served, but shall not be eligible for

any other employment in the service of Pakistan:

Provided that a person who is a member of a Public

Service Commission may be appointed as Chairman of

that Commission for the unexpired term of his office.

164

Removal of

the members

of Public

Service

Commissions.

187

.– (1) A member of a Public Service Commission shall

not be removed from office except on the ground of

misbehaviour or infirmity of mind or body.

(2) A member of the Federal Public Service Commission

shall not be removed from office except in the manner

applicable to a Judge of a High Court.

(3) A member of a Provincial Public Service Commission

shall not be removed from office except by an order of the

Governor of the Provincial made in a case where the

Supreme Court, on reference having been made to it by the

Governor, has reported that the member ought to removed on

a ground such as is mentioned in clause (1).

Functions of

Public Service

Commissions.

188

.– (1) It shall be the duty of the Federal Public Service

Commission and a Provincial Public Service Commission to

conduct examinations for appointment to the services and

posts connected with the affairs of the Federation, or the

Province, as the case may be.

(2) The President, in respect of services and posts in

connection with the affairs of the Federation, and the

Governor of a Province, in respect of services and posts in

connection with the affairs of the Province, may make

regulations specifying the matters in which generally or in any

particular class of case, or in any particular circumstances, it

shall not be necessary for a Public Service Commission to be

consulted; but, subject to such regulations the appropriate

Public Service Commission shall be consulted–

(a) on all matters relating to methods of recruitment to civil

services and posts, and qualifications of candidates for

such services and posts;

(b) on the principles to be followed in making

appointments to civil services and posts and in making

promotions and transfers from one service to another,

and on the suitability of candidates for such

appointments, promotions or transfers;

165

service of the Federal or a Provincial Government

in a civil capacity, including compulsory retirement

whether for disciplinary reasons or otherwise, and

memorials or petitions relating to such matters;

(d) on any claim by or in respect of a person who is

serving or has served under the Federal or a

Provincial Government in a civil capacity that any

costs incurred by him in defending any legal

proceedings instituted against him in respect of

acts done or purported to be done in the execution

of his duty should be paid out of the Federal

Consolidated Fund or the Provincial Consolidated

Fund, as the case may be;

(e) on any proposal to withhold a special or additional

pension or to reduce an ordinary pension; and

(f) on any claim for the award of a pension or

allowance in respect of injuries sustained while

serving under the Federal or a Provincial

Government in a civil capacity, and any question as

to the amount of any such award;

and it shall be the duty of the Public Service Commission

to advise on any matter so referred to them, and on any

other matter which the President or the Governor, as the

case may be, may refer to the Commission.

(3) Where under the Constitution or any law, rules are

made for regulating the appointment or conditions of

service of persons in the service of Pakistan, but not

under the control of the Federal Government or a

Provincial Government, such rules may provide for

consultation with the appropriate Public Service

Commission; and, subject to any express provision of the

Constitution or of the said law, clause (2) shall apply

mutatis mutandis.

166

Power to extend

functions of Public

Service

Commissions.

189

.–An Act of Parliament may provide for the exercise

of additional functions by the Federal Public Service

Commission, and an Act of a Provincial Legislature may

provide for the exercise of additional functions by the

Provincial Public Service Commission.

Reports of Public

Service

Commissions.

190

.–(1) It shall be the duty of the Federal Public

Service Commission to present to the President annually a

report on the work done by the Commission, and the

President shall cause a copy of the report to be laid before

the National Assembly; and it shall be the duty of each

Provincial Public Service Commission to present to the

Governor annually a report on the work done by the

Commission, and the Governor shall cause a copy of the

report to be laid before the Provincial Assembly.

(2) The report shall be accompanied by a

memorandum setting out –

(a) the cases, if any, in which the advice of the

Commission was not accepted and the reasons

therefor;

(b) the matters, if any, on which the Commission ought

to have been consulted, but was not consulted,

and the reasons therefor.

167

Annexure – IV

Extracts from the Constitution of the Islamic Republic of

Pakistan, 1962.

THE SERVICES OF PAKISTAN

HAPTER 2.– PUBLIC SERVICE COMMISSIONS.

180

.–There shall be a Central Public Service

Commission for the Centre, and a Provincial Public Service

Commission for each Province.

Public Service

Commissions.

181

.–In the case of the Central Public Service

Commission, the President, and in the case of a Provincial

Public Service Commission, the Governor of the Province

concerned, may by Order determine:–

(a) the number of members of the Commission; and

(b) the number of members of the staff of the

Commission and their terms and conditions of

service.

Composition of

Public Service

Commissions.

182

.–The members of the Central Public Service

Commission shall be appointed by the President, and the

members of a Provincial Public Service Commission shall

be appointed by the Governor of the Province concerned.

(2) The terms and conditions of service of a member of

the Central Public Service Commission shall be determined

by Act of the Central Legislature or, until so determined, by

the President, and the terms and conditions of service of a

member of a Provincial Public Service Commission shall be

determined by Act of the Legislature of the Province

concerned or, until so determined, by the Governor of the

Province.

(3) Not less than one-half of the members of a

Commission shall be persons who are at the time of

appointment, or who have been at some time before

appointment, in the service of Pakistan.

Appointment,

etc., of

members of

Public Service

Commissions.

168

(4) Where a person appointed as member of a

Commission was, immediately before his appointment, in

the service of Pakistan, his rights as a person in the

service of Pakistan shall not, subject to his appointment

and service as such a member, be affected.

Oath of Office.

183.–(1) Before entering upon his office, a member of a

Commission shall make an oath in such form set out in the

First Schedule as is applicable to his office.

(2) The oath shall be made:–

(a) in the case of a member of the Central Public

Service Commission – before the Chief Justice of

the Supreme Court; and

(b) in the case of a member of a Provincial Public

Service Commission – before the Chief Justice of

the High Court of the Province concerned.

Term of Office

184.–(1) A member of a Commission shall, subject to

this Article, hold office for a term of three years from the

date on which he enters upon his office.

(2) A member of a Commission shall not be removed

from office except in the manner prescribed in clauses (5)

and (6) of Article 128 for the removal from office of a Judge,

and in the application of those clauses for the purposes of

this clause, any reference in those clauses to a Judge shall

be read as a reference to a member of the Commission.

(3) A member of a Commission may resign his office by

writing under his hand addressed:-

(a) in the case of a Central Public Service

Commission–to the President; and

(b) in the case of a Provincial Public Service

Commission–to the Governor of the Province

concerned.

169

185

.–(1) The functions of the Central Public Service

Commission shall be :–

(a) to conduct tests and examinations for the selection

of suitable persons for appointment to the All

Pakistan Services, the civil services of the Centre

and civil posts connected with the affairs of the

Centre;

(b) to advise the President on any matter on which the

Commission is consulted under clause (2) of this

Article or which is referred to the Commission by the

President; and

(2) Except to the extent that the President, after

consulting the Commission, may provide otherwise by Order,

the President shall, in relation to the All-Pakistan Services, the

civil services of the Centre and civil posts connected with the

affairs of the Centre, consult the Central Public Service

Commission with respect to–

(a) matters relating to qualifications for, and methods of

recruitment to, services and posts;

(b) the principles on which appointments and

promotions should be made;

service should be transferred to another;

(d) matters affecting terms and conditions of service and

proposals adversely affecting pension rights; and

(e) disciplinary matters.

Functions of

Central Public

Service

Commission.

186

.–(1) The functions of a Provincial Public Service

Commission shall be

–

(a) to conduct tests and examinations for the selection

of suitable persons for appointment to the civil

services of the Province concerned and civil posts

connected with the affairs of the Province;

Functions of

Provincial Public

Service

Commission.

170

(b) to advise the Governor of the Province on any

matter on which the Commission is consulted

under clause (2) of this Article or which is

referred to the Commission by the Governor;

and

law.

(2) Except to the extent that the Governor of a

Province, after consulting the Public Service Commission

of the Province, may provide otherwise by Order, the

Governor shall, in relation to the civil services of the

Province and civil posts connected with the affairs of the

Province, consult the Commission with respect to–

(a) matters relating to qualifications for, and methods

of recruitment to, services and posts;

(b) the principles on which appointments and

promotions should be made;

service should be transferred to another;

(d) matters affecting terms and conditions of service

and proposals adversely affecting pension rights;

and

(e) disciplinary matters.

Reference by

Province to the

Central

Commission

187

.–The Governor of a Province may, with the

approval of the President, refer to the Central Public

Service Commission a matter relating to the services of

the Province or posts connected with the affairs of the

Province.

Commission to

be advised

when advice

not acceptable.

188

.–Where the President or a Governor does not

accept the advice of a Commission, he shall inform the

Commission accordingly.

171

189

.–(1) Each Commission shall, not later than the

fifteenth day of January in each year, prepare a report on

its activities during the year ending on the previous thirtyfirst

day of December and submit the report –

(a) in the case of the Central Public Service

Commission – to the President; and

(b) in the case of the Public Service Commission of a

Province–to the Governor of the Province.

(2) The report shall be accompanied by a

memorandum setting out, so far as is known to the

Commission–

(a) the cases, if any, in which its advice was not

accepted, and the reasons why the advice was not

accepted; and

(b) the cases where the Commission ought to have

been consulted but was not consulted, and the

reasons why it was not consulted.

(3) The President or the Governor, as the case may

be, shall cause the report and memorandum to be laid

before the National Assembly or the Provincial Assembly,

as the case requires, at the first meeting of the Assembly

held after the thirty-first day of January in the year in which

the report was submitted.

Annual Report.

190

.–In this Chapter, “Commission” means the Central

Public Service Commission or a Provincial Public Service

Commission.

Definition

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Monday, December 10, 2012

Compendium of Service Laws

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