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Administrative Law Baluchistan

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

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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

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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.

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