Updated: Sunday May 11, 2014/AlAhad
Rajab 12, 1435/Ravivara
Vaisakha 21, 1936, at 09:31:30 AM
The Law and Justice Commission Employees (Terms and Conditions of Service) Rules, 1992
19th
February, 1992
In exercise of the powers conferred by section 9 of the Law and Justice
Commission of Pakistan Ordinance 1979 (Ordinance XIV of 1979), the Law and
Justice Commission of Pakistan makes the following Rules regarding the terms
and conditions of service of employees serving in the Secretariat of Law and
Justice Commission of Pakistan, namely:---
1. Short title and
commencement.-(1) These Rules may be called the Law and Justice Commission
of Pakistan Employees (Terms and Conditions of Service) Rules, 1992.
(2) They shall come into force
at once.
2. Definitions.-In
these Rules, unless the context otherwise permits,---
(i) “Appointing Authority” in relation to a post means the
person authorized under these rules to make appointment to that post.
(ii) “Chairman” means Chairman of the Law and Justice Commission of
(iii) “Commission” means, the Law and Justice Commission of
(iv) “Departmental Promotion Committee” means a Committee constituted for
the purpose of making selection for promotion.
(v) “Employee” means an employee of Law and Justice Commission of
Pakistan.
(vi) “Ordinance” means Law and Justice Commission of
Pakistan Ordinance 1979 (XIV of 1979).
(vii) “Secretariat and Secretary” means, respectively, Secretariat
and Secretary of the Commission.
(viii) “Selection Board/Committee” means the
Board/Committee constituted by the Chairman for the purpose of appointment.
3. Establishment of
Secretariat of Law and Justice Commission of
4. Terms and Conditions
of Service.-(i) Subject to any special provisions contained in the
Ordinance or these Rules, the rules and orders in force and applicable, from
time to time, to civil servants of corresponding grades of the Federal
Government shall regulate the terms and conditions of service of employees
serving in the Secretariat of the Commission:---
Provided that the powers exercisable under the said rules and orders by
the President, or by any authority subordinate to the President, shall be exercisable
by the Chairman or by such persons as he may, by a general or special order,
direct.
(ii) The holders of posts mentioned in the second column of the Schedule
to these rules are, respectively, entitled to the status and scales of
pay, allowances and other fringe benefits as admissible to employees of
the Federal Secretariat serving in corresponding scales of pay.
(iii) Any question arising as to which rules or orders are
applicable to the case of an employee serving in Secretariat of the commission
shall be decided by the Chairman.
5. Application of
Government Servants (Efficiency and Discipline) Rules, 1973.- The
Government Servants (Efficiency and Discipline) Rules, 1973, as may be amended
from time to time by the Federal government shall apply mutatis mutandis to the
employees serving in the Secretariat of the Commission.
6. Procedure.-Subject
to the provisions of rule 5, the Chairman shall have the power to impose a
penalty on the Secretary.
7.
(i) Subject to the provisions
of rule 5, the Chairman or, subject also to any special order of the Chairman,
the Secretary may impose any of the penalties mentioned in the Government
Servants (Efficiency and Discipline) Rules, 1973, on any employee serving
in the Secretariat of the Commission.
(ii) Where any penalty is imposed by the Secretary, an appeal shall lie from
his order to the Chairman and where any penalty is imposed by the Chairman,
otherwise than on appeal from the order of the Secretary, there
shall be no
appeal, but the person concerned may apply for review of the order within
thirty days from the date of the order.
8. Recruitment/Promotion
Procedure.-(i) Subject to the provisions of these rules and all
appointments and promotions shall be made by the appointing authorities on the
recommendations of the Selection/Departmental Promotion Committees/Boards
constituted by the Chairman.
(ii) Merit and the
Provincial/Regional quota as well as special quota prescribed by the
Government from time to time shall be fully observed.
(iii) The rules and orders issued by the
Federal Government regarding maximum age limit, physical fitness,
verification of character and antecedents, nationality etc. shall be followed
by the Appointing Authorities in making direct recruitment to the Staff of the
Commission.
(iv) Appointments to the posts in
connection with the affairs of the Law and Justice Commission of
9. Relaxation of
Rules.-The Chairman may relax any of the prescribed conditions of
appointment/promotion in cases where he considers it desirable to do so in the
interest of Commission.
10. Interpretation.-Any
question relating to the interpretation of these rules shall be decided by the
Chairman.
11. Repeal.- Pakistan Law
Commission (Terms and Conditions of Service of Staff) Rules, 1979 are
hereby repealed,---
Provided that this repeal shall not affect any appointment/promotion
made or anything done under the said rules, prior to this repeal.
SCHEDULE
(See
Rule 8 (iv)
OFFICERS OF THE COMMISSION
|
S.No. Name of Post |
Status and Pay scale |
Mode of Appointment, Qualification/ Conditions. |
|
1. Secretary |
BPS-21. The same status and pay scale as may
be prescribed from time to time for the post of Additional Secretary to the
Federal Government. |
Appointment to the post shall be made by the
Chairman in his Discretion: |
|
|
|
(i) by promotion from amongst the officers
serving in the Secretariat of the Commission, not lower in rank and pay scale
than a Joint Secretary to the Federal Government, holding a law degree and
having rendered 5 years service in BPS-20 OR 22 years service in BPS-17 and
above OR 17 years service in BPS-18 and above in case of direct recruitment
in BPS-18 OR 10 years service in BPS-19 and above in case of direct
recruitment in BPS-19. |
|
|
|
(ii)
by direct recruitment from amongst the persons holding a law degree,
preferably a higher foreign degree in law with 15 years standing at the Bar. |
|
|
|
(iii)
by direct recruitment from amongst teachers/scholars of law with 15 years
experience. |
|
|
|
(iv)
by direct recruitment from amongst the Law Officers serving in the offices of
Attorney General, Advocate Generals and provincial Law Departments with 15
years standing in service and/or at the Bar. |
|
|
|
(v)
by direct recruitment from amongst the officers of the Federal or Provincial
Governments holding a law degree including the Judicial Officer having
rendered 5 years service in BPS-20 , on regular basis or by move-over [1][5]. |
|
|
|
(vi)
by transfer from amongst the officers of equivalent rank serving in the
Federal or Provincial Governments holding a law degree including the Judicial
Officers. |
|
|
|
(vii)
by taking on deputation from amongst the officers of the Federal or
Provincial Governments holding a law degree including the Judicial Officers
serving in BPS-20 [2][6]. |
|
2. Joint Secretary |
BPS-20. The same status and pay scale as may
be prescribed from time to time for the post of Joint Secretary to the
Federal Government. |
Appointment to the post shall be made by the
Chairman in his discretion: |
|
|
|
(i) by promotion from amongst the officers
serving in the Secretariat of the Commission, not lower in rank and pay scale
than a Deputy Secretary to the Federal Government, holding a law degree and
having rendered 5 years service in BPS-19 OR 17 years service in BPS-17 and
above OR 12 years service in BPS-18 and above in case of direct recruitment
in BPS-18. |
|
|
|
(ii)
by direct recruitment from amongst the persons holding a law degree,
preferably a higher foreign degree in law with 13 years standing at the Bar. |
|
|
|
(iii)
by direct recruitment from amongst teachers/scholars of law with 13 years
experience. |
|
|
|
(iv)
by direct recruitment from amongst the Law Officers serving in the office of
Attorney General, Advocates Generals and Provincial Law Departments with 13
years standing in service and/or at the Bar. |
|
|
|
(v)
by direct recruitment from amongst the officers of the Federal or Provincial
Governments holding a law degree including the Judicial officers, having
rendered 5 years service in BPS-19, on regular basis or by move-over [3][7]. |
|
|
|
(vi)
by transfer from amongst the officers of equivalent rank, serving in the
Federal or Provincial governments holding a law degree including the Judicial
Officers. |
|
|
|
(vii)
by taking on deputation from amongst the officers of the Federal or
Provincial Governments holding a law degree including the Judicial Officers
serving in BPS-19[4][8]. (Maximum age for column (ii), (iii) and (iv)
is 50 years). |
|
3. Deputy Secretary |
BPS-19. The same status and pay scale as may
be prescribed from time to time for the post of Deputy Secretary to the
Federal Government. |
Appointment to the post shall be made by the
Chairman in his discretion: |
|
|
|
(i) by promotion from
amongst the officers serving in the Secretariat of the Commission in BPS-18
holding a law degree and having rendered 7 years service in BPS-18 OR 12
years service in BPS-17 and above. |
|
|
|
(ii)
by direct recruitment from amongst the persons holding a law degree with 9
years standing at the Bar. |
|
|
|
(iii)
by direct recruitment from amongst teachers/scholars of law with 9 years
experience. |
|
|
|
(iv)
by direct recruitment from amongst the Law Officers with 9 years standing in
service and/or at the Bar serving in the Provincial Law Departments. |
|
|
|
(v)
by direct recruitment from amongst the officers of the Federal or Provincial
Governments holding a law degree including the Judicial Officers having
rendered 7 years service in BPS-18 on regular basis or by move-over[5][9]. |
|
|
|
(vi)
by transfer from amongst the officers equivalent rank serving in the
Federal or Provincial Governments holding a law degree including the Judicial
Officers. |
|
|
|
(vii) by taking on deputation from amongst
the officers of the Federal or Provincial Governments holding a law degree
including the Judicial Officers serving in BPS-18 on regular basis. (Maximum age for column (ii), (iii) and (iv)
is 45 years. |
|
4. Research Officer |
BPS-18. The same status and pay scale as may
be prescribed from time to time for the post of Section Officer in BPS-18 in
the Federal Government. |
Appointment to the post shall be made by the
Chairman in his discretion: |
|
|
|
(i)
by promotion from amongst the officers serving in the Secretariat of the
Commission in BPS-17, holding a law degree and having rendered 5 years
service in BPS-17. |
|
|
|
(ii)
by direct recruitment from amongst the persons holding a law degree with 5
years standing at the Bar. |
|
|
|
(iii)
by direct recruitment from amongst teachers/scholars of law with 5 years
experience. |
|
|
|
(iv)
by direct recruitment from amongst the officers of the Federal or Provincial
Governments holding a law degree including the Judicial Officers having
rendered 5 years service in BPS-17. |
|
|
|
(v)
by transfer from amongst the officers of equivalent rank serving in the
Federal or Provincial Governments holding a law degree including the Judicial
Officers. |
|
|
|
(vi)
by taking on deputation from amongst the officers of the Federal or
Provincial Governments holding a law degree including the Judicial Officers
serving in BPS-17 on regular basis. (Maximum age for column (ii) and (iii) is 35
years). |
|
5. Private Secretary |
BPS-17. The same status and pay scale as may
be prescribed from time to time for the post of P.S. to Additional Secretary
to the Federal Government. |
Appointment to the post shall be made by the
Chairman in his discretion by selection from amongst the Stenographers
(selection grade) serving in the Secretariat of the Commission with 5 years
service in the relevant grade on the basis of seniority-cum-fitness, failing
that by direct recruitment or by transfer from amongst persons who are
Graduate and are competent in Shorthand and Typewriting with a speed of
120/50 words per minute respectively. |
|
5A.Computer
Programmer |
BPS-17. The same status and pay scale as may
be prescribed by the federal Government from time to time. |
Appointment to the post shall be made by the
Chairman in his discretion from amongst the persons having.- (i) Second Class or "C" grade
Master degree in Computer Science; or (ii) L.L.B. degree with one year diploma in
Computer Science from a recognized institution . (Maximum age for initial appointment shall be
30 years) |
|
5B.Computer Operator |
BPS-16. The same status and pay scale as may
be prescribed by the federal Government from time to time. |
Appointment shall be made by the Chairman in
his discretion from amongst the persons having.- (i) L.L.B. degree with sufficient experience
in Computer operation and data processing; or (ii) Second Class or "C" grade
Bachelor's degree in Computer Science (Maximum age for initial appointment shall be
28 years) |
|
6. Librarian |
BPS-17 |
Appointment to the post shall be made by the
Chairman by selection from amongst the Assistants (selection grade) serving
in the Secretariat of the Commission who are Graduate hold Diploma in Library
Science and have 5 years practical experience in the relevant field, failing
that by direct recruitment or by transfer having similar qualifications as
required above. |
|
7.Superintendent |
BPS-16. |
Appointment to the post shall be made by the
Chairman by selection from amongst the Assistant Incharge, Assistants
(selection grades) serving in the Secretariat of the Commission with 5 years
service in the relevant grade on the basis of seniority-cum-fitness, failing
that by direct recruitment or by transfer from amongst persons who are
Graduate and have 5 years service in BPS-15. |
|
8. Accountant |
BPS-16. |
(i)Appointment to the post shall be made by
the Chairman by deputation of persons from the Pakistan Audit Department. |
|
|
|
(ii)
An employee serving in the Secretariat of the Commission as Assistant in
BPS-11 or above and who is a Graduate and has gained 5 years experience in
accounts may also be appointed to the post. |
STAFF OF THE COMMISSION
|
9.Assistant
Incharge |
BPS-15 with
special allowance |
Appointment
to the post shall be made by the Secretary by promotion from amongst the
holders of the post of Assistant (selection grade) on the basis of
seniority-cum-fitness. |
|
10.Assistant
|
BPS-11 33%
posts shall be in selection grade BPS-15 |
Appointment
to the post shall be made by the Secretary: |
|
|
|
(i)
50% posts shall be filled by direct
recruitment from amongst the persons who are Graduate and having 5 years
office experience. |
|
|
|
(ii)
50% posts shall be filled from amongst the U.D.Cs. (selection
grade)
serving in the Secretariat of the Commission on the basis of
seniority-cum-fitness having 3 years service as U.D.C. |
|
11.
Stenographer |
BPS-15 33%
posts shall be in selection grade BPS 16. |
Appointment
to the post shall be made by the Secretary: |
|
|
|
(i)
Appointment to the post of Stenographer shall be filled by direct recruitment
from amongst the persons who are Intermediate and are competent in Shorthand
and Typewriting with a speed of 100/40 words per minute respectively. |
|
|
|
(ii)
Selection grade shall be granted from amongst the Stenographers serving in
the Secretariat of the Commission on the basis of seniority-cum-fitness. |
|
12.
Upper Division Clerk. |
BPS-7 33%
posts shall be in selection grade BPS-9. |
Appointment
to the post shall be made by the Secretary: |
|
|
|
(i) 50%
posts shall be filled by direct recruitment from amongst the persons who are
Intermediate and having 5 years office experience. |
|
|
|
(ii)
50% posts shall be filled from amongst the L.D.Cs. (selection grade) serving
in the Secretariat of the Commission on the basis of seniority-cum-fitness
having 3 years service as L.D.C. |
|
13.
Lower Division Clerk. |
BPS-5 33%
posts shall be in selection grade BPS-7 |
Appointment
to the post shall be made by the Secretary by direct recruitment from amongst
the persons who are Matric with typing speed of 40 words per minute. |
|
14.
Driver, Despatch Rider, Daftry, Qasid, Naib Qasid and Chowkidar. |
|
Appointment
shall be made by the Secretary: |
|
|
|
In making
appointments to the posts in BPS-4 and below, the instructions issued from
time to time by the Establishment Division/Finance Division, for Recruitment
to these posts in the Ministries/Divisions of the Federal Government shall,
as far as practicable, be followed. |
The minimum and maximum age for direct recruitment to the posts in BPS-1 to BPS-15 is 18 to 25 years.
Access to Justice Development
Fund Rules, 2002
Accounting Procedure of the Access
to Justice Development Fund, 2005
Law and Justice Commission of
Pakistan Ordinance, 1979
The Law and Justice Commission of
Pakistan (Members’ Traveling Allowance) Rules, 1980
The Law and Justice Commission of
Pakistan (Procedure) Rules, 1980
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