Updated: Sunday March 27, 2011/AlAhad
Rabi' Thani 22, 1432/Ravivara
Chaitra 06, 1933, at 10:10:30 PM
The
(Pb
Act IX of 1974)
C O N T E N T S
Sections
1. Short
title, commencement and application.
2. Definitions.
3. Tribunals.
3-A. Constitution
of Benches.
4. Appeal
to Tribunals.
5. Powers
of Tribunals.
6. [Repealed.]
7. [Repealed.]
8. Abatement
of suits and other proceedings.
9. Applicability
of the provisions of the Limitation Act, 1908.
10. Repeal
and transfer of cases.
11. Rules.
12. Repeal
of
SCHEDULES
[1][1]The
(Pb. Act IX of 1974)
[20 June 1974]
An Act to provide for the establishment of [3][3][Service] Tribunals to exercise jurisdiction
regarding matters relating to the terms and conditions of service in respect of
services of the Province of the
Preamble.— WHEREAS it is expedient to provide for the
establishment of [4][4][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:-
1. Short title, commencement and
application.— (1) This Act
may be called the
(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 a member of a civil service of
the Province or 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 has been employed on
contract, 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
(d) “Governor”
means the Governor of the
(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 [6][6][Service] Tribunal established by this Act,
or a Bench thereof.
[7][7][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 Tribunals, the
Governor shall specify in the notification the class or classes of civil
servants in respect of whom and the territorial limits within which or the
class or classes of cases in respect of which, each such Tribunal shall
exercise jurisdiction under this Act.
(2) The 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 a judge of a High Court; and
[8][8][(b) such
number of members as may be determined by the Government and possessing such
qualifications as may be prescribed.]
(4) The Chairman and members of a Tribunal
shall be 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
shall not hold any other office of profit in the service of
(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
[9][9][3-A. Constitution of Benches.— (1) 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 be placed before the full Tribunal and the decision of the Tribunal shall
be expressed in terms of the opinion of the majority:
Provided
that if the Chairman or the member who was not already on the Bench cannot be
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 an 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
Bench or to the Tribunal.]
[10][10][4. Appeal to Tribunals.— (1) 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 conditions of his service may, within thirty
days of the communication of such order to him or within six months of the
establishment of the appropriate Tribunal, whichever is latter prefer an appeal
to the Tribunal―
Provided
that—
(a) where an appeal, review or representation to a departmental
authority is provided under the Punjab Civil Servants Act, 1974, or any rules
against any such order no appeal shall lie to a Tribunal unless the aggrieved
civil servant has preferred an appeal or application for review or representation
to such departmental authority and a period of ninety days has elapsed from the
date on which such appeal, application or representation was so preferred;
(b) no
appeal shall lie to a Tribunal against an order or decision of a departmental
authority determining the fitness or otherwise of a person to be appointed to,
or hold a particular post or to be promoted to a higher grade; and
(c) no appeal shall lie to a Tribunal against an order or decision of a
departmental authority made at any time before the 1st July, 1969.
(2) Where the
appeal is against an order or decision of a departmental authority imposing a
departmental punishment or penalty on a civil servant, the appeal shall be
preferred—
(a) in
the case of a penalty of dismissal from service, removal from service,
compulsory retirement or reduction to a lower post or time-scale or to a lower
stage in a time-scale to a Tribunal referred to in sub-section (3) of section
3; and
(b) in any other case, to a Tribunal referred to
in sub-section (7) of section 3 and where no such Tribunal is established, to a
Tribunal established under sub-section (3) of that section.
Explanation— In this section “departmental authority”
means any authority, other than a Tribunal which is competent to make an order
in respect of any of the terms and conditions of civil servants.]
5. Powers of Tribunals.— (1) A Tribunal may, on appeal, confirm, set
aside, vary or modify the order appealed against.
(2) A Tribunal shall, for the purpose of
deciding any appeal, be deemed to be a civil court and shall have the same
powers as are vested in such court under the Code of Civil Procedure, 1908 (Act
V of 1908) including the powers of—
(a) enforcing
the attendance of any person and examining him on oath;
(b) compelling
the production of documents; and
(c) issuing
commission for the examination of witnesses and documents.
(3) No
court-fee shall be payable for preferring an appeal to, or filing, exhibiting
or recording any document in, or obtaining any document from a Tribunal.
6. [Benches and their Procedure]. Deleted by
the
7. [Casual Vacancy]. Deleted ibid.
8. Abatement
of suits and other proceedings.— All suits, appeals and applications regarding any
matter within the jurisdiction of a Tribunal pending in any court immediately
before the establishment of the appropriate Tribunal shall abate on the
establishment of such Tribunal:
Provided
that any party to such a suit, appeal or application may, within ninety days of
establishment of the appropriate Tribunal, prefer an appeal to it in respect of
any such matter which is in issue in such suit, appeal or application.
9. Applicability of the provisions of the
Limitation Act, 1908.— The
provisions of sections 5 and 12 of the Limitation Act, 1908 (IX of 1908), shall
apply to appeals under this Act.
10. Repeal and transfer of cases.— (1) The
(2) All cases pending before the Tribunal
established under the Punjab Civil Services (Appellate Tribunals) Ordinance,
1970, shall stand transferred to such Tribunal or the Tribunals established
under this Act as Government may direct.
11. Rules.— Government may, by notification in the official Gazette, make rules
for carrying out the purposes of this Act.
12. Repeal of
FIRST SCHEDULE
[See SECTION 3 (3)]
PART
I
TERMS
OF OFFICE
1. Maximum age for appointment as member—
No person, who is more than 58 years of age, shall be appointed as a member.
2. Oath of Office— Before entering upon his
office, a Chairman other than a person who is Judge of the High Court and a
member shall, before the Chief Justice of the Lahore High Court or a Judge
nominated by the Chief Justice for the purpose, make an oath in the form
appended to this Schedule.
3. Seniority— The seniority inter se of the members shall be
determined in accordance with the respective dates of their entering upon their
office as member; provided that when a member is appointed for a second or
subsequent term, his seniority shall be reckoned from the date when he enters
upon the second or subsequent term of office, as the case may be.
4. Pay— (1) A Chairman shall—
(a) if,
before his appointment as Chairman, he had retired from the service of
Pakistan, draw the pay last drawn before retirement, and the amount of his full
pension, including special additional pension (if it has not been held in
abeyance), will be deducted from his pay thus fixed; and
(b) in
any other case, draw pay as is admissible to a Government servant in the
National Pay Scale No. 22, or if he was, before his appointment as Chairman, in
the service of
(2) A member shall—
(a) if
on the date of his appointment as member of a Tribunal he was in the service of
Pakistan, receive the grade pay that he was drawing immediately before his
appointment as member; provided that a member in addition to the grade pay,
would get a special pay of Rs. 440.00 per month subject to a maximum of Rs.
2,300.00 per month if his pay is in National Pay Scale below grade 20.
(b) if,
before his appointment as Member, he had retired from the service of Pakistan,
draw pay last drawn before retirement, and the amount of his full pension,
including special additional pension (if it has not been held in abeyance),
will be deducted from his pay thus fixed.
Explanation— For the purpose of this para, pay includes
special pay which a Chairman or a Member was drawing before his appointment as
such Chairman or Member.
5. Pension— (1) No pension
shall attach to the office of a Chairman or a Member as such, but if a Chairman
or a Member was on the date of his appointment in the service of Pakistan,
service as Chairman or Member shall count for pension under the rules
applicable to the service or grade to which such Chairman or Member belonged;
and unless a Member be a member of an All-Pakistan Service or a Member be
entitled to pension under Army Regulations, service as Member shall also count
as service in the higher grade for upper grade for the special additional
pension under the rules applicable to him on the date of his appointment to the
Tribunal.
(2) In the case of a retired Government servant,
service as a Member shall not count as qualifying service for the purpose of
recalculating his pension at the expiry of his term of office as a Chairman or
a Member.
6. Provident Fund― (1) It shall be permissible for a Chairman or
a Member, if he so elects, to subscribe to the General Provident Fund in
accordance with the rules relating to that Fund.
(2) A Chairman or a
Member who, on the date of his appointment, was in the service of Pakistan and
had been admitted to the benefits of any Provident Fund maintained by
Government shall be eligible, after appointment to the Tribunal, to continue to
subscribe to the said Fund upon the same terms and conditions and subject to
the rules of that Fund:
Provided that he shall cease to subscribe to the Fund on
attaining the age of superannuation in his previous service and the amount
standing to his credit in the said Fund after such deductions as are authorized
under the rules applicable to him shall become payable to him.
PART II
LEAVE
7. Leave— A Chairman or a Member who on the date of his appointment
was in the service of
8. A Chairman or a Member who on
the date of his appointment was not in the service of
(i) (a) leave
on leave salary equivalent to full pay upto one-eleventh of the period spent on
duty as a Chairman or a Member, subject to a maximum of four months at any one
time; or
(b) if a Chairman or a Member so elects, leave on
leave salary equivalent to full pay (to be taken not more than once during his
term of office) for a period not exceeding four months;
(ii) leave
on medical certificate on leave salary equivalent to half pay upto
two-elevenths of the period spent on duty as a Chairman or a Member, subject to
a maximum of three months at any one time; and
(iii) extraordinary leave without salary.
Explanation— A person who retires from the service of
PART III
TRAVELLING ALLOWANCE AND MEDICAL ATTENDANCE
9. Travelling Allowance—
For the purpose of Travelling Allowance—
(a) a
Chairman shall be entitled to the allowance admissible to a Judge of a High
Court; and
(b) a
Member shall be entitled to allowances admissible to a Secretary to Government.
10. Medical Allowance— A
Chairman and a Member shall be entitled to the medical facilities admissible in
terms of the West Pakistan Government Servants (Medical Attendance) Rules,
1959:
Provided that a Chairman or a Member who, on the date of his
appointment to the Tribunal, was in the service of
11. Where a person appointed as a
Chairman or a Member was, immediately before his appointment as such, in the
service of
FORM OF OATH
(Vide PARAGRAPH 2)
I,____________________ , do solemnly swear that as Chairman/ Member of
the [11][11][Service] Tribunal, established under the Punjab [12][12][Service] Tribunals Act, 1974, I will discharge my
duties and perform my functions honestly to the best of my ability, faithfully
in accordance with the Constitution of the Islamic Republic of Pakistan and the
law, and without fear or favour, affection or ill-will, and that I will not
allow my personal interest to influence my official conduct or my official
decisions.
SECOND SCHEDULE
[See SECTION 6 (4)]
1. Every
memorandum of appeal shall—
(a) be
legibly, correctly and concisely hand-written, type-written or printed;
(b) be
divided into paragraphs numbered consecutively each paragraph containing as
nearly as may be, a separate allegation;
(c) contain
full name, official designation and place of posting of each party;
(d) clearly
set out the relief claimed;
(e) be
accompanied by—
(i) a
copy of the order of the competent authority against which the appeal is
preferred; and
(ii) copies
of rules, orders and other documents on which the appellant proposed to rely in
support of his claim;
(f) be
signed by the appellant; and
(g) be
accompanied by three spare copies of the memorandum of appeal and as many other
copies thereof duly initialled by the appellant and accompanied by the
documents referred to in sub-paragraph (e), as there are respondents.
2. An appeal may be sent to the Registrar by a registered post
acknowledgement due or it may be presented to the Registrar during the working
hours either by the appellant personally or through his Advocate.
3. In every memorandum of appeal,
the competent authority shall be shown as the first respondent and thereafter
all other parties to the dispute shall be shown as respondents.
4. (1) The Registrar shall scrutinize every
memorandum of appeal received by post or presented to him and shall—
(i) if it be in order and drawn up in accordance
with the provisions of paragraph 1, cause it to be registered in the register
of appeals to be maintained in Form ‘A’ appended to this Schedule, and, with
the approval of the Chairman, shall fix a date for its preliminary hearing
before a Bench or the Tribunal, as the case may be; or
(ii) if it is not drawn up in accordance with the
provision of paragraph 1, return it to the appellant for amendment, within a
time to be specified in an order to be recorded by him on the memorandum of
appeal, pointing out the deficiency.
(2) If
the memorandum of appeal is not re-submitted within the period specified under
clause (ii) of sub-paragraph (1) of paragraph 4, the appeal shall stand
dismissed.
5. (1) The Bench or the Tribunal, as the case may be,
after hearing the appellant or his Advocate on the date fixed for preliminary
hearing or on such subsequent dates to which such hearing may be adjourned, may
dismiss the appeal in limine.
(2) If
the appeal is not dismissed in limine,
notices of admission of appeal and of the day fixed for its regular hearing
shall be served on the appellant, the respondents and such other persons as the
Tribunal may deem proper.
6. (1) A notice under sub-paragraph (2) of paragraph
5 shall be in such form as may be approved by the Tribunal and may be served by
registered post or in any other manner, including publication in one or more
daily newspapers as the Bench admitting the appeal or the Tribunal may direct;
provided that where the notice is directed to be served by publication in the
newspapers, it shall not be issued until the costs of its publication are
deposited by the appellant.
(2) The
notice to the respondent shall be accompanied by a copy of memorandum of appeal
and copies of other documents referred to in sub-paragraph (e) of paragraph 1.
(3) Service
of notice in accordance with the provisions of this paragraph shall be deemed
to be due notice, and it shall not be necessary to prove that a party has
actually received the notice.
7. (1) In response to the notice served under
paragraph 6, the respondent may send his objections to the appeal by registered
post acknowledgement due to the Registrar or deliver the same to him either
personally or through his advocate on or before the date fixed for hearing of
the appeal.
(2) The objections shall be legibly and concisely hand-written,
type-written or printed, shall be signed by the respondent and shall be
accompanied by a copy of the order or other document on which the respondent wishes
to rely in support of his objections.
(3) The
written objections shall be accompanied by four spare copies thereof, complete
in all respects, and containing copies of the order and documents referred to
in sub-paragraph (2). Three of these copies shall be supplied for the use of
the Tribunal and the fourth copy for the appellant or his Advocate.
(4) In
case objections are not received or delivered within the time allowed under
sub-paragraph (1), the respondent may be proceeded against ex-parte.
8. (1) Questions arising for determination by a
Tribunal shall be decided ordinarily upon affidavits and documents proved by
affidavits but the Tribunal may direct that such questions, as it may consider
necessary, be decided on such other evidence and in such manner as it may deem
fit.
(2) The
party affected by an affidavit may be permitted by the Tribunal to
cross-examine the deponent with reference to the statements in the affidavit.
9. (1) An application for summoning witnesses before
the Tribunal shall be made, as soon as possible, after the issue of notice of
appeal under paragraph 5. It shall state—
(a) the
name, designation, and address of the witnesses to be summoned;
(b) a
brief resume of the evidence which each witness is expected to give; and
(c) a
brief description of the document to be summoned and name and location of the
office in which such document is expected to be.
(2) If
the Tribunal is of the opinion that the evidence of any witness specified in
the list of witnesses given under sub-paragraph (1) may be of material
assistance in the disposal of an appeal before it, it shall direct him to be
summoned on a date to be fixed by the Tribunal and direct that the daily
allowance and travelling charges of such witness at the rate which would have
been allowed by the High Court if it had summoned him should be deposited by
the person calling him, within seven days of the date of the order.
(3) If
a person applying for the summoning of a witness fails to deposit the requisite
costs of the witness within the period specified in sub-paragraph (2) or within
any extension thereof that may be granted by the Tribunal, the application for
summoning of witnesses, so far as it relates to such witness, shall be deemed
to have been rejected.
(4) If
the Tribunal is of the opinion that the evidence of any witness is necessary
for the disposal of an appeal before it, it may direct him to be summoned.
(5) Where
a Tribunal summons a witness under the provisions of sub-paragraph (4)—
(a) if
such witness is a Government servant, his travelling and daily allowance (if
any) shall be borne by Government; and
(b) if
the witness is a private person, his travelling allowance and daily allowance
shall be borne by such parties and to such extent as may be determined by the
Tribunal.
10. (1) Process for service on witnesses of high rank
shall be sent in the form of a letter and acknowledgement received.
(2) Except
in urgent cases or as otherwise ordered by the Tribunal, a summon requiring a
public officer to give evidence or to produce a document shall be served
through the head of his office.
11. (1) A daily cause list shall be prepared under the
orders of the Registrar, which shall be affixed on the notice board of the
court-room of the Tribunal.
(2) Except as otherwise directed by the Tribunal,
cases will be set down in the cause list in the order of the date of admission.
12. (1) Evidence of a witness examined by the Tribunal
shall be taken down under the superintendence of the Tribunal ordinarily in the
form of a narrative and shall be signed by the members of the Tribunal and
shall form part of the records.
(2) The
parties or their Advocates may suggest any question to the Tribunal and the
Tribunal may put such, besides any other, question to the witness.
(3) The
Tribunal may record such remarks as it thinks material respecting the demeanour
of any witness while under examination.
(4) The
Tribunal may close the evidence of any party if there is inordinate delay or
expense involved in its production, provided that the interest of justice so
permits.
13. (1) If on the date fixed for hearing of appeal or
on any subsequent date to which the hearing may be adjourned, the appellant or
his advocate is not present before the Tribunal, the Tribunal may dismiss the
appeal or, if it thinks fit, may proceed to hear the other party and decide the
same.
(2) If on the date fixed for hearing of appeal or
on any subsequent date to which hearing may be adjourned the respondent or any
one or more of the respondents, in case there are more than one respondents, or
his or their Advocates, are not present before the Tribunal, the Tribunal may
hear the appeal ex parte against all
or any of the respondents.
(3) Where
an appeal has been dismissed under sub-paragraph (1) or the ex parte proceedings have been taken
under sub-paragraph (2), the Tribunal may on such order as to costs, as it may
deem fit restore the appeal or set aside the ex parte order as the case may be or allow the defaulting party to
rejoin the proceedings.
14. A copy of every order of final
adjudication on an appeal shall be furnished by the Tribunal, free of cost, to
the competent authority concerned.
15. Clerical or arithmetical
mistakes in an order of final adjudication, arising therein from any accidental
slip or omission may at any time be corrected by the Tribunal either of its own
motion or on the application of any of the parties:
Provided
that where an application is made by a party, it shall be duly supported by an
affidavit.
16. The provisions contained in
the High Court Rules and Orders in regard to copies and inspection of record
shall mutatis mutandis and to the
extent practicable apply to the proceedings before a Tribunal.
17. If a civil servant is
unrepresented before a Tribunal and cannot afford to engage a counsel, the
Tribunal may make arrangements to employ a counsel at Government expense.
FORM
‘A’
REGISTER
OF APPEALS
[See PARAGRAPH 4 (1) (i)]
|
Serial No. |
Date of presentation of appeal |
Name and address of the appellant |
Name and address of the respondent |
Date of registration of the appeal |
Whether admitted or dismissed in limine with date of order |
Amount of security and costs deposited by the
appellant |
Date of final order |
Brief substance of the final order |
Date on which copy of the final order sent to
the competent authority |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
|
|
|
|
|
|
|
|
|
|
|
[1][1]This Act was passed by the
Punjab Assembly on 5th June, 1974; assented to by the Governor of the Punjab on
20th June, 1974; and, published in the Punjab Gazette (Extraordinary), dated
20th June, 1974, pages 865 to 880.
[2][2]Substituted by the
[3][3]Ibid.
[4][4]Ibid.
[5][5]Ibid.
[6][6]Substituted by the
[7][7]Substituted ibid.
[8][8]Substituted by the Punjab
Services Tribunals (Amendment) Ordinance 1999 (XL of 1999), 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.
[9][9]Added by the
[10][10]Substituted by the
[11][11]Substituted, for
“Administrative”, by the
[12][12]Ibid.
Rules, 0000
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