Updated: Tuesday May 24, 2016/AthThulatha
Sha'ban 17, 1437/Mangalavara
Jyaistha 03, 1938, at 06:11:35 PM
The Federal Public Service Commission
Ordinance, 1977
ORDINANCE No. XLV OF 1977
[22nd December. 1977]
An Ordinance to repeal and, with certain
modifications, re-enact the Federal Public Service Commission Act, 1973.
WHEREAS it is expedient to
repeal and, with certain modifications, re-enact the Federal Public Service
Commission Act, 1973;
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 fifth day of July, 1977, read with the Laws
(Continuance in Force) Order, 1977 and in exercise of all powers enabling him
in that behalf, the President is pleased to make and promulgate the following
Ordinance:---
1. 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.
2. Definition In this
Ordinance, unless there is anything repugnant in [he 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.
3. Composition of
commission, etc.—(I)
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 member of the Commission shall not be varied lo
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 office in the service of
Provided that no serving
Government servant shall he appointed as a member:---
(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
qualifications and experience as the Federal Government may by rules
prescribe.]
2[(5) Term of office members .etc, 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].
3[4. Term of office members, etc. A
member of the Commission shall hold office for a term of three years from the
date on which he enters upon office or till he attains the age of sixty five
years whichever is earlier:---
Provided that a member of
the commission who is a retired Judge of the Supreme Court or a High Court
shall hold office for a term of three years within five years from the date of
his retirement:---
Provided further that a
member of the Commission shall not be eligible for re-appointment.
(1A) Notwithstanding
anything in any contract, agreement or any instrument containing terms and
conditions of the service, a member who, on or after the commencement of the
Federal Public Service Commission (Amendment) Ordinance, 2005 (XV of 2005),
completes his tenure or attains upper age-limit specified in subsection (1)
shall on such commencement forthwith cease to be member as defined in clause
(b) of section 2.]
1Amended by Ord. 56 of 2000, ss. 2 to 5.
2Ins. and shall be deemed always lo have
been so Ins. by the Federal Public Service Commission “(Amdt.) Ordinance,
1978.(25 of 1978), s. 2.
3Subs. by Act V of 06, s. 2 and shall be
deemed always to have been substituted.
[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.
5. Ineligibility for
further employment. On
ceasing to hold office a member shall not be eligible for further employment in
the service of
5A. Appointment of
serving members as a chairman. Serving member of the Commission shall be eligible for
appointment as Chairman for a term not exceeding the unexpected portion of his
term as a such member.]
6 Removal from office. A member snail not be removed from
office except in the manner applicable lo a Judge of a High Court.
1[7. Function of the Commission.___ (1)
The functions of the Commission shall be,---
2[(a) to conduct tests and examinations for recruitment of
persons to All-Pakistan Set 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.]
(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);
(ii) on the principles to be followed in making initial
appointments to the services and posts referred loin 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 3[;and]
3[(c) to hold examination 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”.
4[(Ia) the recruitment to the post in basic pay scale 11 to
15 made by any authority or person on or after 28thMay, 2003, other
than through the Commission, shall, notwithstanding any provisions of this
Ordinance or any other law, rule, notification or any order, decision of
judgment of any court or forum, be deemed to be, and always to have been,
validly made, taken or done and shall not be called in question in any court or
forum or any ground whatsoever.]
1Amended by Ord. 56 of 2000, s. 6.
2Subs. by Act 10 of 05, s. 2 (w.e.f
28-05-2003)
3Added by Ord. 16 of 2001, s.2.
4Ins. by Act X of 05, s. 2 (w.e.f. 28-05-03)
(2) Recruitment to the
following posts shall be outside the purview of the Commission:---
(i) in the President’s Secretariat;
1[(ia) in the Directorate General of Inter Service
Intelligence (ISI);]
(ii) filled by appointing a person on contract for a
specified period 2*
* *;
(iii) filled on adhoc basis for a period of six months or
less:
Provided that,---
(1) no adhoc appointment
shall be made before placing or requisition with the commission for regular
appointment; and
(2) before filling the
post on adhoc basis prior approval shall be obtained from the Commission;
(iv) filled by re-employing or retired officers, provide
that re-employment is made for a specified period 2*
* * 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
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 post therein as or declared by the President to the equivalent to
the posts to be so filled.
3[(3)(a) A Candidate aggrieved by any decision
of the Federal Public Service Commission may, with in thirty days of such
decision make a representation to the Commission and the Commission shall
decide the representation within fifteen days after the giving the candidate or
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, with in fifteen days of the decision, submit a review
petition to the Commission, and the Commission shall decide the review petition
within thirty days under intimation to the petitioner.
(c) Save as provided in this Ordinance no order made or
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.]
1Ins. by Act XI of 04, s. 2.
2Omitted by Ord. XLVI of 2007, s. 2.
3Added by Ord. 16 of 01, s. 2.
7A. Conduct of Business
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.]
8. 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.
9. 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 therefore.
10. Rules. The Federal Government may, by
notification in the official Gazette, make rules for carrying out the purposes
of this Ordinance.
11. [Repeal] Omitted by the Federal Laws
(Revision and Declaration) Ordinance, 1981 (XXVII of 1981 h s. 3 and Sch., II.
2[SCHEDULE
(See section 4A)]
I ,do solemnly swear that I
will bear true faith and allegiance to
That, as a Chairman (or
Member) of the Federal Public Service Commission I wilt 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).
1Ins. by the Federal Public Service
Commission (Amdt.) Ordinance, 1978 (25 of 1978), s. 3.
2Added by Ord. 56 of 2000, s. 8.
Go to Index
| LL. B. – I | LL. B. – II
| LL. B. – III | LL. B.
Directory | Home