Updated: Monday December 09, 2013/AlEthnien Safar 06, 1435/Somavara Agrahayana 18, 1935, at 09:31:44 PM

[1][1]The Punjab Public Service Commission Ordinance, 1978

(Pb Ord. II of 1978)

[18 January 1978]

An Ordinance to repeal and, with certain modifications, re-enact the Punjab Public Service Commission Act, 1974

Preamble.— WHEREAS it is expedient to repeal and, with certain modifications, re-enact the Punjab Public Service Commission Act, 1974;

            AND WHEREAS the Governor of the Punjab 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 (CMLA Order No.1 of 1977), the Governor of the Punjab is pleased to make and promulgate the following ordinance:-

1.         Short title and commencement.— (1) This Ordinance may be called the Punjab Public Service Commission Ordinance, 1978.

            (2)        It shall come into force at once.

2.         Definitions.— In this Ordinance, unless there is anything repugnant in the subject or context,—

      (a)  “Commission” means the Punjab Public Service Commission;

      (b)  “Member” means a member of the Commission and includes the Chairman thereof; and

      (c)  “Service of Pakistan” means the Service of Pakistan as defined in the Constitution of the Islamic Republic of Pakistan.

3.         Composition of Commission, etc.— (1) There shall be a Commission consisting of such number of members as may be determined by the Governor.

            (2)        The members of the Commission shall be appointed by the Governor.

            (3)        The terms and conditions of service of the members shall be [2][2][such as may be prescribed by rules]:

            Provided that the salary, allowances and privileges of a member shall not be varied to his disadvantage during his term of office.

            [3][3][(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 Pakistan in basic pay scale 21 or above post:

                        Provided that no serving Government servant shall be 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 qualification and experience as the Provincial Government may by rules prescribed.]     

            (5)        No proceeding or act of the Commission shall be invalid merely on the ground of existence of any vacancy in, or any defect in the constitution of the Commission.

            (6)        The Governor shall nominate one of the members to be the Chairman of the Commission.

            [4][4][(7) A person appointed as member and holding office as such immediately before the commencement of this Ordinance shall be deemed to have been appointed as member under this Ordinance; and]

            [5][5][(8)  *     *     *     *     *     *     *     *     *     *     *     *     *]

4.         Terms of office of a member.— [6][6][(1) The term of office of a member shall not exceed three years:

                        Provided that a member may be reappointed for another term not exceeding two years.]

            (2)        A member may resign his office by writing under his hand addressed to the Governor.

[7][7][(3)  A member shall cease to hold office on completion of his term or on attaining the age of 65 years, whichever is earlier.]

[8][8][4-A. Oath of office.— Before entering upon office the Chairman and members shall make oath in the form set out in the Schedule to this Ordinance before the Governor in case of Chairman and before the Chairman in case of a member.]

5.         Removal from office.— (1) A member shall not be removed from office during the term of his office except in the manner hereinafter provided.

            (2)        If, the Governor is of the opinion that a member—

            (a)  may have been guilty of misconduct; or

            (b)  may be incapable of properly performing the duties of his office by reason of physical or mental incapacity;

the Governor shall appoint a Judge of the High Court to inquire into the matter.

            (3)        If, after inquiring into the matter the Judge reports to the Governor that he is of the opinion that the member has been guilty of misconduct or is incapable of performing the duties of his office, the Governor may remove the member from office.

6.         Ineligibility for further employment.— (1) On ceasing to hold office, a member shall not be eligible for further employment in the service of Pakistan [9][9][:]

            [10][10][Provided that the Government may in an individual case and in public interest allow such employment on such terms and conditions as may be prescribed, in the case of a member who had ceased to hold office either as a result of completing the term of office or had resigned.]

      [11][11][(2)      Nothing contained in sub-section (1) shall be deemed—

                (i)  to prevent a member, other than the Chairman, from being appointed as Chairman; and

               (ii)  to apply to a person who, at the time of the commencement of this Ordinance, was holding the office of the member and immediately before his appointment as member, was holding an office in service of Pakistan.]

[12][12][7.  Functions of Commission.— The functions of the Commission shall be—

         (a)  to conduct tests and examination for recruitment to—

                (i)  such Provincial services and posts connected with the affairs of the Province, as may be prescribed; and

               (ii)  such posts in or under a Corporation or other body or organisation set up by Government under any law, as may be prescribed;

         (b)  to advise the Government on such matters as may be prescribed, relating to the terms and conditions of service of persons who are members of a Provincial service or hold posts in connection with the affairs of the Province; and

         (c)  such other functions as may be prescribed.]

8.         Commission to be informed when its advice is not accepted.— Where the Governor does not accept the advice of the Commission he shall inform the Commission accordingly.

9.         Report of Commission.— (1) The Commission shall, not later than 15th day of February in each year, prepare report as to the work done by it during the preceding year ending on the 31st day of December and submit the report to the Governor.

            (2)        The report shall be accompanied by a statement setting out, so far as 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 therefor.

            (3)        The Governor shall cause a copy of the report to be laid before the Provincial Assembly.

10.    Rules [13][13][and Regulations].— (1) The Government may, by notification in the official Gazette, make rules for carrying out the purpose of this Ordinance.

      [14][14][(2)      Subject to the provisions of this Ordinance and the rules the Commission may make regulations for carrying out the purposes of this Ordinance and the rules.]

11.    Repeal.— The Public Service Commission Act, 1974 (I of 1974) is hereby repealed.

[15][15][SCHEDULE

(See section 4-A)

I, _______________________________________________________ do solemnly swear that I will bear true faith and allegiance to Pakistan.

            That, as a Chairman (or Member) of the Punjab Public Service Commission I will discharge my duties, and perform any 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).]



[1][1]This Ordinance was promulgated by the Governor of the Punjab on 17th January, 1978; and, published in the Punjab Gazette (Extraordinary), dated 18th January, 1978, pages 46-51.

[2][2]Substituted by the Punjab Public Service Commission (First Amendment) Ordinance, 2002 (LXXXI of 2002).

[3][3]Substituted ibid.

[4][4]Substituted by the Punjab Public Service Commission (First Amendment) Ordinance, 2002 (LXXXI of 2002).

[5][5]Deleted ibid.

[6][6]Substituted ibid.

[7][7]Added by the Punjab Public Service Commission (Amendment) Ordinance, 2002 (XVI of 2002), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.

[8][8]Added by the Punjab Public Service Commission (First Amendment) Ordinance, 2002 (LXXXI of 2002).

[9][9]Substituted by the Punjab Public Service Commission (Amendment) Act, 1998 (VI of 1998)

[10][10]Added ibid.

[11][11]Substituted by the Punjab Public Service Commission (Amendment) Ordinance, 1978 (XVIII of 1978).

[12][12]Ibid.

[13][13]Added by the Punjab Public Service Commission (Amendment) Ordinance, 1985 (XXXII of 1985).

[14][14]Ibid.

[15][15]Added by the Punjab Public Service Commission (First Amendment) Ordinance, 2002 (LXXXI of 2002).

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