Laws of Pakistan – Library

THE CIVIL SERVICE (CHANGE IN NOMENCLATURE

THE CIVIL SERVICE (CHANGE IN NOMENCLATURE OF SERVICES AND ABOLITION OF CLASSES) RULES, 1973

THE CIVIL SERVICE (CHANGE IN NOMENCLATURE OF SERVICES AND ABOLITION OF CLASSES) RULES, 1973 The Civil Service (Change in Nomenclature of Services and Abolition of Classes) Rules, 1973, represent an important set of regulations in Pakistan that pertain to the restructuring and renaming of civil service positions and the abolition of certain classes within the civil service. These rules, established in 1973, provide a structured framework for making changes to the nomenclature and organizational structure of civil service positions. In this introduction, we will explore the historical context, objectives, and legal significance of these rules.   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 :–   (1) These rules may be called the Civil Servants (Change in Nomenclature of Services and Abolition of Classes) Rules, 1973. (2)          They shall come into force at once. In these rules, unless there is anything repugnant in the subject or context, “Classes” means Class I. Class II, Class II (non-Gazetted), Class III and Class IV, in which the civil posts and services are classified under the Civil Services (Classification, Control and Appeal) Rules or any other rules or orders for the time being in force ; “Federal Unified Grades” comprise all services and civil posts connected with the affairs of the Federation other than those included in the All-Pakistan Unified Grades under the All-Pakistan Services (Change in Nomenclature) Rules; 1973 ; “Grade” means a National Scale of Pay in which a post or group of posts is placed; “Services” means the civil services of the Federation.   Notwithstanding anything contained in any rule, order, resolution or instruction, the names of services are with immediate effect, change to Federal Unified Grades, and all references to service in any rule, order, resolution or instruction shall, consistent with the subject and context, he construed as reference to the respective Federal Unified Grade. Explanation.-For the purposes of this rule and rule 5, “respective Federal Unified Grade means the Grade to which a civil servant is entitled in respect of his existing post under the National Scales of Pay. All civil posts connected with the affairs of the Federation, not being posts in the All-Pakistan Unified Grades,, shall belong to one of the Federal Unified Grades. All persons who immediately before the coming into force of these rules were members of a service or held a civil post connected with the affairs of the Federation, not being a post in the All-Pakistan Unified Grades, are appointed” in their existing posts to the respective Federal Unified Grades. Notwithstanding anything contained in the Civil Services (Classification, Control and Appeal) Rules and any other rules of orders for the time being in force, all classes and classifications of services and posts as Gazetted and non-Gazetted are abolished. For the purposes of application of any existing rule, order or instruction, reference to a class or to a post as Gazetted or non-Gazetted shall he construed as reference to the corresponding Grade and specified in the table below:   Class Gazetted Posts Corresponding Grades Class I (1) Grades 17 to 23. Class II (2) Grade 16. Non-Gazetted Posts: Class II (3) Grades 11 to 15. Class III (4) Grades 3 to 10. Class IV (5) Grades 1 and 2. Notwithstanding anything contained in any rule, order or instruction, all reservations of posts for purposes of appointment, promotion or transfer in favour of persons belonging to a particular service or cadre, or holding a particular post are abolished. Need more information Our panel of skilled Lawyers in Pakistan specializes in separation cases in Pakistan and offers personalized advice and robust legal solutions. AI Legal Site: For general information, visit 24Justice.com – Pakistan’s First Legal AI Site. Personalized Assistance: For more specific queries or legal representation, reach out to us: Call: 0092 308 5510031 WhatsApp: 0092 308 5510031 Contact Form: Prefer writing? Fill out our contact form below, and we’ll respond promptly.[contact-form][contact-field label=”Name” type=”name” required=”true” /][contact-field label=”Email” type=”email” required=”true” /][contact-field label=”Website” type=”url” /][contact-field label=”Message” type=”textarea” /][/contact-form]

THE CIVIL SERVICE (CHANGE IN NOMENCLATURE OF SERVICES AND ABOLITION OF CLASSES) RULES, 1973 Read More »

Laws of Pakistan - Library, , , , , , ,
THE SPECIAL PROCEDURE FOR SUPPLY OF FOOD RULES, 1999

THE PUNJAB CIVIL COURTS ORDINANCE, 1962 (W.P. Ordinance II of 1962)

THE PUNJAB CIVIL COURTS ORDINANCE, 1962 (W.P. Ordinance II of 1962) The Punjab Civil Courts Ordinance, 1962 (W.P. Ordinance II of 1962), is a significant piece of legislation that governs the organization, jurisdiction, and procedures of civil courts in the province of Punjab, Pakistan. This ordinance, promulgated in 1962, establishes a structured framework for the functioning of civil courts and the adjudication of civil matters. In this introduction, we will explore the historical context, key objectives, and legal significance of this ordinance.     Sections CHAPTER I PRELIMINARY Short title, extent and commencement. Definitions. CHAPTER II CIVIL COURTS Classes of Courts. Civil Districts. District Judges. Additional District Judges. Original jurisdiction of District Judges in suits. Civil Judges. Pecuniary limits of Jurisdiction of Civil Judges. Local limits of jurisdiction. Power to invest Civil Judges with Small Cause Courts Jurisdiction. Exercise by Civil Judges of Jurisdiction of District Courts in certain proceedings. Places of sitting of Courts. Control of Courts and Presiding Officers. Power to distribute business Delegation of powers by District Judges    CHAPTER III JURISDICTION IN CIVIL APPEALS Appeals from District Judges or Additional District Judges. Appeals from Civil Judges. CHAPTER IV SUPPLEMENTAL PROVISIONS Continuance of powers of officers. Provisions regarding petition-writers. Temporary vacancy of office of District Judge. Delegation of powers of the District Judge. Temporary vacancy of office of Civil Judge. Civil Courts having unlimited jurisdiction regarding value to try suits against the State and its servants in their official capacity. List of holidays. Seal of the Court. Power to frame rules. SCHEDULE   [1][1]THE [2][2][PUNJAB] CIVIL COURTS ORDINANCE, 1962 (W.P. Ordinance II of 1962) [8 January 1962] An Ordinance to amend and consolidate the law relating to Civil Courts in the province of [3][3][the Punjab] Preamble. WHEREAS it is expedient to amend and consolidate the law relating to Civil Courts in the province of [4][4][the Punjab]. [1][1]This Ordinance was promulgated by the Governor of West Pakistan on 10th November, 1961; published in the West Pakistan Gazette (Extraordinary), dated 8th January, 1962, pages 87-96; saved and given permanent effect by Article 225 of the Constitution of the Islamic Republic of Pakistan (1962). [2][2]Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”. Need more information Our panel of skilled Lawyers in Pakistan specializes in separation cases in Pakistan and offers personalized advice and robust legal solutions. AI Legal Site: For general information, visit 24Justice.com – Pakistan’s First Legal AI Site. Personalized Assistance: For more specific queries or legal representation, reach out to us: Call: 0092 308 5510031 WhatsApp: 0092 308 5510031 Contact Form: Prefer writing? Fill out our contact form below, and we’ll respond promptly.[contact-form][contact-field label=”Name” type=”name” required=”true” /][contact-field label=”Email” type=”email” required=”true” /][contact-field label=”Website” type=”url” /][contact-field label=”Message” type=”textarea” /][/contact-form]

THE PUNJAB CIVIL COURTS ORDINANCE, 1962 (W.P. Ordinance II of 1962) Read More »

Laws of Pakistan - Library, , , , , , , , ,
W.P. BOARD OF REVENUE (CONDUCT OF APPEALS AND REVISIONS) RULES, 1959

W.P. BOARD OF REVENUE (CONDUCT OF APPEALS AND REVISIONS) RULES, 1959

W.P. BOARD OF REVENUE  (CONDUCT OF APPEALS AND REVISIONS) RULES, 1959 The W.P. Board of Revenue (Conduct of Appeals and Revisions) Rules, 1959, represent a significant set of regulations that govern the conduct, procedures, and processes related to appeals and revisions within the jurisdiction of the Board of Revenue in West Pakistan (now part of Pakistan). These rules, established in 1959, provide a structured framework for the handling of appeals and revisions in matters related to land revenue and revenue administration. In this introduction, we will delve into the historical context, key objectives, and legal significance of these rules.   Short title and commencement. – (1) These rules may be called the West Pakistan Board of Revenue (Conduct of Appeals and Revisions) Rules, 1959. (2)   The shall come into force at once. Definitions. – In these rules, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is so say: — (a)   “Full Board” shall, subject to the provisions of sub-section (3) of section 6 of West Pakistan Board of Revenue Act, 1957, consist of all the Members of the Board; provided that in case it is not possible for all Members to be present at the hearing, the number of Members present shall not be less than two. (b)   “Case” means a particular judicial matter under consideration and includes all papers relating to is as are required for its disposal.   Presentation of appeals and application for revisions to the Board. – (1) Every appeal and application for revision made to the Board shall be presented to such Assistant to the Commissioner of the Division to which it relates as may be appointed in this behalf by the Commissioner or the Clerk of the Court of the Board and shall be immediately entered by him in a register to be prescribed by the Board. (2)   The Assistant or the Clerk of the Court shall, after examination, record a note stating whether the appeal or application for revision is in order, is stamped with proper court-fee and is accompanied by certified copies of decrees, judgments and orders passed by the subordinate Court or officer and in case of any defect shall direct the appellant or the applicant to remove the defect within thirty days. (3)   After the defect, if any, have been removed within the prescribed time the Assistant to the Commissioner shall forward the appeal or Application to the Clerk of the Court of the Board. (4)   On receipt of such appeal or application for revision, the clerk of the Court shall immediately place it before the Member concerned for such orders as he may consider appropriate in accordance with the law for the time being in force.   Stay of execution of orders and decrees. – (1) Where an appeal or an application for revision has been made, the Member or the Full Board, as the case may be, may suo motu or on an application made in that behalf, stay the execution of the order or decree appealed from or sought to be revised. (2)   The Commissioner or the Court which passed an order or decree against which an appeal lies, may, on application made before the expiry of the time allowed for appeal direct the execution of such order or decree to be stayed for such time as may be determined or still he stay order is set aside by the Board of the Member, as the case may be. (3)   No order for stay or execution shall be made under sub-rule (1) or (2) unless the officer making it is satisfied — (a)   that substantial loss may result to the party applying for stay       or execution unless the order is make; and (b)   that application has been made without unreasonable delay. (4)   Notwithstanding anything contained in sub-rules (1) and (2) the Member, Board, Commissioner or the Court as the case may be, may make as ex parte order for stay or execution pending hearing of the application.   “4-A.      Disposal of urgent petitions for stay orders. – (i) Urgent petitions for stay of execution of an order or decree appealed from or sough to be revised shall be accompanied by an additional petition in Form ‘A’ annexed to these rules, bearing a court-fee stamp of Rs. 2 and showing the grounds of urgency, and shall be presented before 11 a.m. (ii)   These petitions will be laid down before the Clerk of Court of the Board, who shall ordinarily fix them for hearing on the next day. If, however, the Clerk of Court is satisfied that there is sufficient urgency; he shall submit the petition to the Members-in-charge for orders on the day of presentation. (iii)  In the absence of the members-in-charge, an emergent stay application, verified to the pressing, shall on certification of the Secretary (Establishment), be submitted to the senior-most Member, present in Lahore, for such order as he may deem necessary. Explanation. – For the purposes of this rule Member-in-charge means the Member competent under these rules to deal with the case.   Revision of orders or decree by Full Board. – (1) An application for revision under sub-section (2) of section 7 of the West Pakistan Board of Revenue Act, 1957, shall lie to the Full Board only in cases where the order made or decree passed by the Court, subordinate to the Board, is reserved or modified by a Member of the Board on appeal. (2)   The Full Board shall consist of Members other than the Member who made the order or passed the decree sought to be revised.   — (1) If, in the course of hearing of an appeal or application for revision, any complicated question of law or usage having the force of law or an intricate question of law and fact arises, the Member seized of the case may, after recording reasons therefore, refer the case for consideration of the Full Board which may also include the Member

W.P. BOARD OF REVENUE (CONDUCT OF APPEALS AND REVISIONS) RULES, 1959 Read More »

Laws of Pakistan - Library, , , , , , , , , , ,
The Baluchistan Civil Servants (Appointment, Promotion And Transfer)

THE Baluchistan Civil Servants (Appointment, Promotion And Transfer) Rules, 1979

THE Baluchistan Civil Servants (Appointment, Promotion And Transfer) Rules, 1979 The Baluchistan Civil Servants (Appointment, Promotion, and Transfer) Rules, 1979, constitute a crucial set of regulations that govern the processes of appointment, promotion, and transfer of civil servants in the province of Baluchistan, Pakistan. These rules, established in 1979, provide a structured framework for the recruitment, career advancement, and transfer of government employees. In this introduction, we will delve into the historical context, key objectives, and legal significance of these rules.   Part Contents   Part I General   Part II Appointment By Promotion Or Transfer   Part III Initial Appointment   Part IV Ad Hoc And Temporary Appointments   THE Baluchistan Civil Servants (Appointment, Promotion And Transfer) Rules, 1979 In exercise of the powers conferred by subsection (1) of section 25 of the Baluchistan Civil Servants Act, 1974 (Baluchistan Act No. IX of 1974), the Government of Baluchistan is pleased to make the following rules:- Part I – General These rules may be called the Baluchistan Civil Servants (Appointment, Promotion and Transfer) Rules, 1979. 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; (b) ‘Provincial Selection Board’ means the Board constituted by Government for the purpose of selection for promotion or transfer to posts in [basic pay scales (17) and above and equivalent] and consisting of such persons as may be appointed to it by the Government from time to time;   (C) ‘Commission’ means the Baluchistan Public Service Commission;   (d) ‘Departmental Promotion Committee’ means a Committee constituted for the purpose of making selection or promotion or transfer to posts under Department or Office of Government in [basic pay scales 16 and below and equivalent]; (e) ‘Departmental Selection Committee’ means a Committee constituted for the purpose of making selection for initial appointment to posts under Department or Office of Government in [basic pay scales 16 and below and equivalent]; (f) ‘Government’ means the Government of Baluchistan; -(1) Appointments to posts shall be made by any of these methods, namely:-   (a) by promotion or transfer in accordance with Part II of these rules; and   (b) by initial appointment in accordance with Part III of these rules   (2) the method of appointment and the qualifications and other conditions applicable to a post shall be as laid down by the Department concerned in consultation with the Services and General Administration Department. The authorities competent to make appointments to the various posts shall be as follows:- Posts Appointing Authority 1.  Posts in basic pay scale 17 and above Government 2.  Post in basic pay scale 16 (1) Chief Secretary (for Secretariat) (2) Administrative Secretary (for attached Departments) 3.  Posts in basic pay scale 3 to 15 (1) Secretary, S&GAD for (Secretariat) (2) (i) Secretary of the Department; or (ii) Head of an attached Department. 4 Posts basic pay scales 1 and 2 Deputy Secretary or Head of an attached Department or Head of office   5.-(1) In each Department or Office of Government, there shall be one or more Departmental Promotion Committees and Departmental Selection Committees, the composition of which shall be determined by the Department concerned in consultation with the Services and General Administration Department. (2) Each such’ Committee shall consist of at least three members one of whom shall be appointed as Chairman. Where an appointing authority for [posts in basic pay scales 15 and below and equivalent] does not accept the recommendation of the appropriate Departmental Promotion Committee, it shall record reasons therefore and obtain orders of the next higher authority. Part II -Appointment By Promotion Or Transfer Promotions and transfers to posts in basic pay scales 2 to 16 and equivalent shall be made on the recommendations of the appropriate Departmental Promotion Committee and promotions and transfers to posts in basic pay scale 17 and above and equivalent shall be made on the recommendations of the Provincial Selection Board. 7-A. All transfers in BPS-18 and below in the Attached Departments and Subordinate Offices shall be made by Minister In charge except in cases of S & GAD and Police Department in which cases the respective Ministers will be consulted. Persons as possess ‘such’ qualifications and fulfill the conditions laid down for the purpose of promotion or transfer to a post shall be considered by the Departmental Promotion Committee or the Provincial Selection Board, as the case may be. Appointments by transfer shall be made from amongst the persons holding appointment on regular basis in [posts in same basic pay scale or equivalent to or identical with] the post to be filled in . Part III-Initial Appointment Initial appointments to posts in [basic pay scales 1 to 15 and equivalent] shall be made if the posts’ (a) fall within the purview of the Commission, on the basis of examination or test to be conducted by the Commission; (b) do not fall within the purview of the Commission, in the manner as may be determined by Government. 11. Initial appointments to posts in [basic pay scales 1 to 15 and equivalent] shall be made on the recommendations of the Departmental Selection Committee after the vacancies in [posts in basic pay scales 3 to 15 and equivalent] have been advertised in newspapers. A candidate for initial appointment to a post 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 limits as laid down for the post. A candidate for appointment shall be citizen of Pakistan and a domicile of the Province of Baluchistan: Provided that this requirement may be relaxed with the approval of the Service and General Administration Department. Vacancies in the under-mentioned posts shall be filled on Provincial basis with the merit and regional or District quota as determined by Government from time to time.   (i) Posts in [basic pay scale

THE Baluchistan Civil Servants (Appointment, Promotion And Transfer) Rules, 1979 Read More »

Laws of Pakistan - Library, , , , , , , , , , , ,
Balochistan Efficiency Discipline Rules 1983

The BALOCHISTAN CIVIL SERVANTS (EFFICIENCY AND DISCIPLINE) RULES, 1983

The BALOCHISTAN CIVIL SERVANTS (EFFICIENCY AND DISCIPLINE) RULES, 1983 The Balochistan Civil Servants (Efficiency and Discipline) Rules, 1983, form a crucial regulatory framework that governs the efficiency, discipline, and conduct of civil servants in the province of Balochistan, Pakistan. These rules, established in 1983, provide a structured framework for maintaining the integrity and professionalism of the civil service. In this introduction, we will delve into the historical context, key objectives, and legal significance of these rules.   Rules Contents   1 Short title, commencement and application.   2 Definitions.   3 Grounds for penalty   4 Penalties.   5 Initiation of proceedings and summary action.   6 Inquiry procedure.   7 Procedure to be observed by the Inquiry Officer or Inquiry Committee.   8 Power of the Inquiry Officer or Inquiry Committee.   9 Rules 5 and 6 not to apply in certain cases.   10 Procedure of inquiry against officers lent to other Government or authority.   11 Powers to order medical examination as to mental or bodily infirmity.   12 Appearance of counsel.   13 Miscellaneous.   14 Appeal.   15 Revision.   16 Repeal.   BALOCHISTAN CIVIL SERVANTS (EFFICIENCY AND DISCIPLINE) RULES, 1983 5th May, 1983 In exercise of the powers conferred by section 25 of the Baluchistan Civil Servants Act, 1974 (IX of 1974), the Government of Balochistan is pleased to make the following rules, namely:-   Short title, commencement and application.-(1) These rules may be called the Baluchistan Civil Servant (Efficiency and Discipline) Rules, 1983.   (2)   They shall come into force at once and shall apply to all civil servants wherever they may be and shall also apply to or in relation to a person in temporary employment in the service of Balochistan.   Definitions.- (1) In these rules, unless the context otherwise requires, the following expressions shall have meanings hereby respectively assigned to them, that is to say:-   (a)   “Accused” means a civil servant against whom action is taken under these rules;   (b)   “Authority” means the Government or an officer or authority designated by it to exercise the powers of the authority under these rules in respect of any category of officer;   (c)   “Authorized Officer” means an officer authorized or designated by Government to perform the functions of an Authorized Officer under these rules:   Provided that where in the case of a civil servant no authorized Officer has been so Authorized or designated, the authority shall have power to appoint an officer to act as authorized officer in that case.   Provided further that in relation to a civil servant, the authority may be authorized to act Authorized Officer;   (d)   “Appellate Authority” means the authority specified in the Balochistan Civil Servants (Appeal) Rules, 1983.   (e)   “Misconduct” means conduct prejudicial to good order or service discipline or contrary to the Balochistan Government Servants (Conduct) Rules, 1979 or unbecoming of an officer and a gentleman and includes any act on the part of a civil servant to bring or attempt to bring political or other outside influence directly or indirectly to bear on the Government or Government officer in respect of any matter relating to the appointment, promotion, transfer, punishment, retirement or other conditions of service of a civil servant;   (f)    “Penalty” means a penalty which may be imposed under these rules.   (2)   Words and expressions used but riot defined shall have the same meanings as assigned to them in the Balochistan Civil Servants Act, 1974.   Grounds for penalty.-Where a civil servant, in the opinion of the authority;   (a)   is inefficient or has ceased to be efficient; or   (b)   is guilty of gross negligence; or   (c)   is guilty of misconduct; or   (d)   is corrupt, or may reasonably be considered corrupt 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 a persistent reputation of being corrupt; or (e)   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 unauthorized person, and his retention in service is, therefore, prejudicial to national security, the authority may impose on him one or more of the penalties prescribed in rule 4.   Penalties. “(I) The following are the penalties, namely:–   (a)   censure;   (b)   withholding, for a specific period, promotion or increment, otherwise than for unfitness for promotion or financial advancement, in accordance with rules or orders pertaining to the service or post;   (c)   stoppage, for a specific period, at an efficiency bar in the time-scale, otherwise than for unfitness to cross such bar;   (d)   recovery from pay of the whole or any part of any pecuniary loss caused to Government by negligence or breach of order;   (e)   reduction to a lower post or time-scale, or a lower stage in a time scale;   (f)   compulsory retirement;   (g)   removal from service; and   (h)   dismissal from service; and   (2)   Removal from service does not, but dismissal from service does disqualify for future employment with the Government or any body or corporation established, owned or controlled by the Government.   (3)   In this rule, removal or dismissal from service does not include in 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  

The BALOCHISTAN CIVIL SERVANTS (EFFICIENCY AND DISCIPLINE) RULES, 1983 Read More »

Laws of Pakistan - Library, , , , , , , , , , ,
The Baluchistan Government Servants (Conduct) Rules, 1979,

The Baluchistan Government Servants (Conduct) Rules, 1979

The Baluchistan Government Servants (Conduct) Rules, 1979  The Baluchistan Government Servants (Conduct) Rules, 1979, are a significant set of regulations that govern the conduct and behaviour of government employees in the province of Baluchistan, Pakistan. These rules, enacted in 1979, outline the standards of behaviour, ethics, and professionalism expected from government servants. In this introduction, we will explore the historical context, key objectives, and legal significance of these rules. Rules Contents 1 Short title and commencement 2 Extent of application 3 Definitions 4 Gifts 5 Acceptance of foreign awards 6 Public demonstration in honour of Government servants 7 Gift to medical officers 8 Subscriptions 9 Lending and borrowing 10 Buying and selling of movable and immovable property 11 Construction of building etc. 12 Declaration of property 13 Disclosure of assets, immovable, movable and liquid 14 Speculation and investment 15 Promotion and management of companies, etc. 16 Private trade, employment or work 17 Subletting of residential accommodation allotted by Government 18 Government servants not to live beyond his means, etc. 19 Insolvency and habitual indebtedness 20 Unauthorized communication of official documents or information 21 Approach to Members of the Assemblies, etc. 22 Management etc. of newspapers or periodicals 23 Radio broadcasts, television programmes and communication to the Press 24 Publication of information, public speeches and television programmes capable of embarrassing the Government 25 Evidence before Committees 26 Taking part in politics and elections 27 Propagation of sectarian creeds, etc. 27-A Government servants not to express views against ideology of Pakistan 27-B Government servants are not to take part in or assist, any public demonstration against Government decisions etc. 28 Nepotism, favouritism victimization, etc. 29 Vindication by Government servants of their public acts or character 30 Membership of Service associations 31 Use of political or other influence 32 Approaching foreign missions and aid-giving agencies 33 Delegation of powers 33-A Relaxation Short title and commencement.-(1) These rules may be called the Baluchistan Government Servants (The Baluchistan Government Servants (Conduct) Rules, 1979         1 They shall come into force at once. Extent of application rules shall apply to all persons, whether on duty or on leave, within or without Baluchistan, serving in connection with the affairs of the Province of Baluchistan, including the employees of the Provincial Government deputed to serve with a Statutory Corporation or with a non-Government employer, but excluding- (a) members of an All-Pakistan Service serving in connection with the affairs of the Province; (b) holders of such posts in connection with the affairs of the Province of Baluchistan, as the Provincial Government may, by a notification in the official Gazette, specify on this behalf. Definitions.-(1) In these rules, unless there is anything repugnant in the subject or context- (a) ‘Government’ means the Government of Baluchistan; (b) ‘Government Servant’ means a person to whom these rules apply; (c) ‘Member of a Government Servant’s family’ includes- (i) his wife, children, and step-children, parents, sisters and minor brothers residing with and wholly dependent upon the Government servants; and (ii) any other relative of the Government servant or his wife when residing with and wholly dependent upon him; but does not include a wife legally separated from the Government servant, or a child or step-child who is no longer in any way dependent upon him, or of whose custody the Government servant has been deprived by law; and (d) ‘Province’ means the Province of Balochistan. (2) Reference to a wife in clause (c) of sub-rule (1) shall be construed as reference to the husband where the Government servant is a woman. Gifts.-(1) Save as otherwise provided in this rule, no Government servant shall, except with the previous sanction of Government, accept or permit any member of his family to accept, from any person any gift the receipt, of which will place him under any form of official obligation to the donor. If the offer of a gift cannot be refused without giving undue offence it may be accepted and delivered to the Government for decision as to its disposal. (2) If any question arises whether receipt of a gift places a Government servant under any form of official obligation to the donor, the decision of the Government thereon shall be final. (3) If any gift is offered by the head of the representative of a foreign State, the Government servant concerned should attempt to avoid acceptance of such a gift, if he can do so without offending. If however, he cannot do so he shall accept the gifts and shall report its receipt to Government for orders as to its disposal. (4) A Government servant may accept gifts offered abroad or within Pakistan by institutions or official dignitaries of Foreign Government of comparable or higher level; provided that the value of such gift in each case does not exceed rupees one thousand. (5) A Government servant desirous of retaining gift value of which exceeds rupees one thousand may retain it on payment of difference, after evaluation of the gift by a Committee headed by the Chief Secretary: Provided that the gift shall first be offered for sale to the person who received it from a foreign dignitary. Acceptance of foreign awards.-No Government servant shall, except with the approval of the Government of Balochistan, accept a foreign award, title or decoration. Explanation.-For the purposes of this rule, the expression ‘approval of the Government’ means prior approval in ordinary cases and post facto approval in special cases where sufficient time is not available for obtaining prior approval. Public demonstration in honour of government servants.- No Government servant shall encourage meetings to be held in his honour or presentation of addresses of which the main purpose is to raise him. Gift to medical officers to the departmental rules on this behalf, a medical officer may accept any gift of moderate value offered in good faith by any person or body of persons in recognition of his professional services. Subscriptions. -No Government servant, shall, except with the previous sanction of Government, ask for or accept

The Baluchistan Government Servants (Conduct) Rules, 1979 Read More »

Laws of Pakistan - Library, , , , , , ,

The Baluchistan Civil Servants (Appeal) Rules, 1983

  Baluchistan Civil Servants (Appeal) Rules, 1983 Baluchistan Civil Servants (Appeal) Rules, 1983, represent a vital component of administrative justice in the province of Baluchistan, Pakistan. These rules, enacted in 1983, provide a structured framework for the process of appeals filed by civil servants against various administrative decisions and actions. In this introduction, we will delve into the historical context, key objectives, and legal significance of these rules. In exercise of the powers conferred by section 25 of the Baluchistan Civil Servants Act, 1974 (IX of 1974), the Government of Baluchistan is pleased to make the following rules, namely:- (1) These rules may be called the Baluchistan Civil Servants (Appeal) Rules, 1983. (2) They shall come into force at once In these rules, unless there is anything repugnant in the subject or context:- (a) ‘appellate authority’ means the officer or authority next to the authority; (b) ‘authority’ means the authority competent to appoint a civil servant under the rules applicable to him or an authority competent to impose a penalty; and (c) ‘Penalty’ means a penalty provided for in the Baluchistan Civil Servants (Efficiency and Discipline) Rules, 1981. Every Civil Servant shall be entitled to appeal to the appellate authority from an order passed by an authority imposing upon him any penalty: Provided that, where the penalty is imposed by an order of the Chief Minister, the Civil Servant shall have no right to appeal but he may apply for review of the order. 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 (c) reduces or withholds the maximum pension, including 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) by[wpforms id=”6422″][wpforms id=”6422″ title=”true”][wpforms id=”4649″][wpforms id=”6422″ title=”true”] the provisions of the Baluchistan Civil Servants Act, 1974 (IX of 1974) Provided that a person appointed by the Chief Minister shall have no right to appeal from an order passed by the Chief Minister, 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. (1) Every person preferring an appeal shall do so separately and in his 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 belongs. (4) Every appeal shall be submitted within sixty days of the communication of the order appealed against. (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 (c) whether the penalty is excessive, adequate, or inadequate and after such consideration, shall confirm, set aside or modify the previous 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. (3) The authority from whose order an appeal is preferred under these rules shall give effect to any order made by the appellate authority. (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 rule 5; or (c) it is not preferred within the time specified in sub-rule(4) of rule 5 and no reasonable cause is shown for the delay; or (d) it is addressed to the authority to which no appeal lies under these rules: 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 of 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. (1) Every appeal that is not withheld under these rules shall be forwarded to the appellate authority with comments by the authority from whose order the appeal is preferred. (2) A list of appeals withheld under rule, 7, with reasons for withholding them, shall be forwarded quarterly by the withholding authority to the appellate authority. (3) An appellate authority may call for any appeal admissible under these rules which has been withheld by a subordinate authority and may pass such order thereon as it considers fit. (1) Nothing in these rules shall operate to deprive any person of any right of appeal that 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 appeals under these rules.

The Baluchistan Civil Servants (Appeal) Rules, 1983 Read More »

Laws of Pakistan - Library, , , ,

THE APPRENTICESHIP ORDINANCE, 1962

THE APPRENTICESHIP ORDINANCE, 1962 The Apprenticeship Ordinance, of 1962, marked a significant development in Pakistan’s labour and vocational training landscape. Enacted as Ordinance No. LVI of 1962, this legislation provided a structured framework for the establishment of apprenticeship programs in various industries. In this introduction, we will explore the historical context, objectives, and legal significance of this ordinance. An Ordinance to make provision for promoting, developing and regulating systematic apprenticeship programmes in the in­dustries and for securing certain minimum standards of skill. whereas it is expedient to make provision for promoting, developing and regulating systematic apprenticeship programmes in the industries and for securing certain minimum standards of skill; Now, therefore, in pursuance of the Proclamation of the seventh day of October 1958, and in the exercise of all powers enabl­ing him in that behalf, the President is pleased to make and promulgate the following Ordinance:— Short title, extent and commencement. —(1) This Ordinance may be called the Apprenticeship Ordinance, 1962. (2) It extends to the whole of Pakistan. (3) It shall come into force on such date or dates and in respect of such undertakings as the Provincial Government may, by notification in the official Gazette, appoint on this behalf.   Definition. In this Ordinance, unless there is anything repugnant in the subject or context,— (a) “apprentice” means a person undergoing training through the system of apprenticeship; (b) “apprentice able trade” means such trade or occupation as the competent authority may, from time to time, keeping in view— (i) the nature of the trade and the degree of skill involved therein; and (ii) the amount of practical training and related theo­retical instruction necessary  for attaining the laid down standards of skill and proficiency in the trade, declare, by notification in the official Gazette, to be an apprenticeable trade for this Ordinance; (c) “apprenticeship” means a system of training in which an employer undertakes to employ a person and to train him or have him trained systematically in an apprenticeable trade for a period the duration of which has been fixed in advance and in the course of which the apprentice is bound to work in the employer’s service; (d) “competent authority” means such officer as the Provincial Government may, by notification in the official Gazette, appoint to be a competent authority for this Ordinance; (e) “employer” means any person who employs five or more persons in an apprenticeable trade in an under­taking, either directly or through another person, whether on behalf of himself or any other person, and includes any person who has ultimate control over, or is responsible to the owner thereof for, the affairs of an undertaking; (f) “industrial establishment” shall have the same meaning as assigned to it in the Industrial and Commercial Employment (Standing Orders) Ordinance, 1960; (g) “prescribed” means prescribed by rules; (h) “rules” means rules made under this Ordinance; (i) “Undertaking” means any industrial establishment wherein fifty or more persons are employed, or were employed on any day of the preceding twelve months.   Tripartite Advisory Committees. The Provincial Government may, by notification in the official Gazette, constitute in the prescribed manner such Provincial and Regional Tripartite Advisory Committees to advise the Provincial Government and the competent autho­rity on matters relating to apprenticeship as it may consider necessary.   Obligations of employers. Subject to the other provisions of this Ordinance and the rules, an employer— (1) shall be bound to ensure proper compliance with the provisions of this Ordinance and the rules in his under­taking; (2) shall, by the rules, introduce and operate an apprenticeship programme in his under­taking and get the programme registered with the competent authority within such time as may be pres­cribed; (3) shall train apprentices in the proportion of a minimum of twenty per cent. of the total number of persons employed in apprenticeable trades, on an average n his undertaking, or in such other proportion as the competent authority may, by order in writing, deter­mine in respect of his undertaking; (4) who had already introduced an apprenticeship pro­gramme in his undertaking before the commence­ment of this Ordinance shall modify the programme to bring it in conformity with the provisions of this Ordinance and the rules and register such modified programme with the competent authority within such time as may be prescribed; (5) shall be responsible for ensuring that an apprentice re­ceives within the normal working hours related theore­tical instruction to the extent of at least twenty per cent. of the total working hours; (6) shall initiate and operate an apprenticeship programme entirely at his own cost; and (7) shall not, without the approval in writing of the com­petent authority, engage as an apprentice any person who has been an apprentice with another employer and has left his apprenticeship or been discharged by such other employer on disciplinary grounds.   Relief from income tax, etc. —(1) Notwithstanding anything to the contrary con­tained in the Income-tax Act, 1922, income tax shall not be pay­able by an employer in respect of any expenditure incurred by him on the operation of an apprenticeship programme in accor­dance with the provisions of this Ordinance and the rules. (2) Notwithstanding anything to the contrary contained in the Imports and Exports (Control) Act, 1950, or any rule or order made thereunder, the Central Government may, by order, make provision for the grant to the employers of licences for the import of such goods or articles as may in its opinion be required by the employers for operating apprenticeship pro­grammes under this Ordinance.   Advice and guidance to employers. —(1) Subject to the provisions of this Ordinance and the rules, the competent authority shall offer to the employers all possible technical advice and guidance in all matters relating to the apprenticeship programmes put into operation by the em­ployers in their undertakings by the provisions of this Ordinance and the rules.   Obligations of apprentices. —(1) Subject to the other provisions of this Ordinance and the rules, an apprentice— (a) shall learn his trade conscientiously and diligently and

THE APPRENTICESHIP ORDINANCE, 1962 Read More »

Laws of Pakistan - Library, , , , , ,
THE SECRETARIAT ALLOWANCE (RESCISSION OF ORDERS, ETC.) ORDINANCE, 2000

THE SECRETARIAT ALLOWANCE (RESCISSION OF ORDERS, ETC.) ORDINANCE, 2000

THE SECRETARIAT ALLOWANCE (RESCISSION OF ORDERS, ETC.) ORDINANCE, 2000 The Secretariat Allowance (Rescission of Orders, etc.) Ordinance, 2000, is a significant piece of legislation in Pakistan that addresses the issue of secretariat allowances within the government sector. This ordinance, enacted in 2000, deals with the rescission and modification of previous orders and regulations related to secretariat allowances. In this introduction, we will explore the historical context, objectives, and legal significance of this ordinance. Short title, extent, and commencement Rescission of certain orders Removals of difficulties   THE SECRETARIAT ALLOWANCE (RESCISSION OF ORDERS, ETC.) ORDINANCE, 2000 ORDINANCE No. XII of 2000 [30th March, 2000] An Ordinance to provide for rescission of certain orders relating to Secretariat Allowance WHEREAS it is expedient to provide for the rescission of certain orders relating to the Secretariat Allowance granted to certain employees of the Federal Government to provide for matters connected therewith and incidental thereto; AND 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 as amended; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in pursuance of the Proclamation of the fourteenth day of October 1999, and Provisional Constitution Order No. 1 as amended as well as Order No. 9 of 1999, and in the 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, and commencement. ___ (1) This Ordinance may be called the Secretariat Allowance (Rescission of Orders, etc.) Ordinance, 2000. (2) It shall come into force at once. Rescission of certain orders. ___ (1) The orders, office memorandums, instructions, and other instruments whereby the Secretariat Allowance was granted to certain Federal Government Employees in the Federal Secretariat, President’s Secretariat, Prime Minister’s Secretariat, National Assembly Secretariat, the Senate Secretariat, and other organizations of the Federal Government and the orders, office memorandums, instructions, and other instruments amending the aforesaid orders office memorandums, instructions, and other instruments, hereinafter referred to as the orders, converting the Secretariat Allowance into Personal Allowance is hereby rescinded and shall be deemed always to have been so rescinded on the 1st July 1988, and no financial benefit whatsoever, save and except as provided in sub-section (2), shall accrue or be deemed to have accrued or become payable thereunder to the persons employed in the aforesaid Secretariats and other Organisations of the Federal Government notwithstanding any decision of any Court including the High Court and the Supreme Court. (2) Any order made, instruction issued, or decision of any Court including a High Court or the Supreme Court implemented immediately before the commencement of this Ordinance, shall be deemed to have been validly made, issued, and implemented, and the amount of Secretariat Allowance including Personal Allowance already paid thereunder shall be deemed to have been validly paid and shall not be recoverable from the recipients of such allowances. Removals of difficulties. ___ If any difficulty arises in giving effect to the provisions of this Ordinance, the Federal Government may make such order as it may deem just and equitable to provide recompense for the benefit of the Federal Government Servants who were recipients of the Secretariat Allowance or the Personal Allowance. Need more information Our panel of skilled Lawyers in Pakistan specializes in separation cases in Pakistan and offers personalized advice and robust legal solutions. AI Legal Site: For general information, visit 24Justice.com – Pakistan’s First Legal AI Site. Personalized Assistance: For more specific queries or legal representation, reach out to us: Call: 0092 308 5510031 WhatsApp: 0092 308 5510031 Contact Form: Prefer writing? Fill out our contact form below, and we’ll respond promptly. [wpforms id=”6422″]

THE SECRETARIAT ALLOWANCE (RESCISSION OF ORDERS, ETC.) ORDINANCE, 2000 Read More »

Laws of Pakistan - Library, , , , , , ,
ALL PAKISTAN SERVICES (CHANGE IN NOMENCLATURE) RULES, 1973

ALL PAKISTAN SERVICES (CHANGE IN NOMENCLATURE) RULES, 1973

ALL PAKISTAN SERVICES (CHANGE IN NOMENCLATURE) RULES, 1973 All Pakistan Service Rules of 1973, a pivotal legal framework shaping the administrative landscape of Pakistan. Enacted to govern the conduct and responsibilities of public servants, these rules stand as a cornerstone for the effective functioning of various government services, outlining the standards and expectations that define the roles of those dedicated to public service. S.R.O. 1307(1)/73.-In exercise of the powers conferred by section 25 of the Civil Servants Ordinance, 1973 (XIV of 1973), the President is pleased to make the following rules:- These rules may be called the All-Pakistan Services (Change in Nomenclature) Rules, 1973, and shall come into force at once. These rules apply to all members of the Civil Services of Pakistan and the Police Service of Pakistan. Notwithstanding anything contained in any rule, order, resolution or instruction, the names of the Civil Service of Pakistan and the Police Service of Pakistan are, with immediate effect, changed to All-Pakistan Unified Grades, and all references to Civil Service of Pakistan and Police Service of Pakistan in any rule, order, resolution or instruction shall be construed as a reference to All-Pakistan Unified Grades. All persons who, immediately before the coming into force of these rules, were members of the Civil Service of Pakistan or the Police Service of Pakistan are appointed, in their existing posts, to All-Pakistan Unified Grades. Need more information Our panel of skilled Lawyers in Pakistan specializes in separation cases in Pakistan and offers personalized advice and robust legal solutions. AI Legal Site: For general information, visit 24Justice.com – Pakistan’s First Legal AI Site. Personalized Assistance: For more specific queries or legal representation, reach out to us: Call: 0092 308 5510031 WhatsApp: 0092 308 5510031 Contact Form: Prefer writing? Fill out our contact form below, and we’ll respond promptly. [wpforms id=”6422″]

ALL PAKISTAN SERVICES (CHANGE IN NOMENCLATURE) RULES, 1973 Read More »

Laws of Pakistan - Library, , , , , , ,
Scroll to Top