Punjab Service Tribunals Act

The Punjab Service Tribunals Act, 1974   The Punjab Service Tribunals Act, 1974, is a significant piece of legislation in Pakistan, particularly within the Punjab province, that establishes Service Tribunals to adjudicate on disputes and grievances related to the conditions of service of government employees. This act plays a pivotal role in safeguarding the rights and interests of government servants by providing them with a dedicated forum for the resolution of employment-related issues.   Contents     Preamble   1. Short title, commencement and application   2. Definitions   3. Tribunals   3-A. Constitution of Benches   4. Appeal to Tribunals   5. Power of Tribunals   6.      7.     8. Abatement of suits and other proceedings   9. Applicability of the provisions of the Limitation Act, 1908   10.     11. Rules   12. Repeal of Punjab Ordinance No. V of 1974     FIRST SCHEDULE     SECOND SCHEDULE     THE PUNJAB SERVICE TRIBUNALS ACT, 1974   IX OF 1974 20th June, 1974 An Act to provide for the establishment of [Service] Tribunals to exercise jurisdiction regarding matters relating to the terms and conditions of service in respect of services of the Province of the Punjab. Preamble: Whereas it is expedient to provide for the establishment of [Service] Tribunals to exercise exclusive jurisdiction regarding the matters relating to the terms and conditions of service in respect of the services of the Province of the Punjab 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 Punjab [Service] Tribunals Act, 1974. (2) It shall come into force at once. (3) It applies to all civil servants wherever they may be. 2. Definitions: In this Act, unless there is anything repugnant in the subject or context: (a) ‘Chairman means the Chairman of the Tribunal; (b) ‘Civil Servant’ means a person who is or who has been member of a civil service of the Province or who holds or has held a civil post in connection with the affairs of the. Province but does not include:- (i) a person who is or who has been on deputation to the Province from the Federation or any other Province or authority; (ii) a person who is or who has been employed on contact, or on work-charged basis, or who is or has been paid from contingencies; or (iii) a person who is or has been a ‘worker’ or ‘workman’ as defined in the Factories Act, 1934 (XXV of 1934) or the Workmen’s Compensation Act, 1923 (VIII of 1923); (c) ‘Government’ means the Government of the Punjab; (d) ‘Governor’ means the Governor of the Punjab; (e) ‘Member’ means the Member of the Tribunal; (f) ‘Registrar’ means the Registrar of a Tribunal and includes any other person authorised by a Tribunal to perform the functions and duties of the Registrar; and (g) ‘Tribunal’ means a [Service] Tribunal established by this Act, or a Bench thereof. 3. Tribunals; (1) The Governor may, by notification in the official Gazette, establish one or more Service Tribunals, and, where there are established more than one Tribunal, the Governor shall specify in the notification the class or classes of civil servants in respect of whom all the territorial limits within 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 has been or is qualified to be judge of a High Court; and (b) two members each of whom is a person who possesses such qualifications as may be prescribed by rules. (4) The Chairman and members of a Tribunal shall he appointed by the Governor 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 Governor. (6) The Chairman or a member of a Tribunal hall not hold any other office of profit in the service of Pakistan if his remuneration is hereby increased. (7) Notwithstanding anything contained in sub-section (3), sub-section (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 Governor.] 3-A. Constitution (if Benches: (i) Notwithstanding anything contained in Section 3, the Chairman may constitute a Bench consisting of himself or one member only or two Members without the Chairman or the Chairman and a Member and when so constituted a Bench shall be deemed to be a Tribunal. (2) If a Bench is unable to arrive at a unanimous decision in an appeal, the matter shall he placed before the full Tribunal and the decision of the Tribunal shall he expressed in terms of (he opinion of the majority: Provided that if the Chairman or the Member who was not already on the Bench cannot he associated or is unable for any reason to take part in the hearing of the appeal, the decision of the Tribunal shall be expressed in terms of the opinion of the senior member of the Bench. (3) The Chairman may, at any stage of hearing of any appeal, withdraw it from the Tribunal and entrust it to a Bench or may withdraw any appeal pending before a Bench and make it over to another Branch or to the Tribunal]. 4. Appeal to Tribunals: (i) Any civil servant aggrieved by any final order, whether original or appellate, made by a departmental authority in respect of any of the terms and condition of his service may, within thirty days of the communication of such order to him or within six months of