THE PUNJAB PUBLIC SERVICE COMMISSION ORDINANCE, 1978
( II OF 1978)
[18th 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.
[1][3. Composition of the Commission etc.–
(1) There shall be a Commission consisting of a Chairman and such number of
members as the Governor may determine.
(2)
The Governor shall appoint the Chairman and the members
of the Commission but no person who is sixty-five years of age or above and no
serving Government servant shall be so appointed.
(3)
The Government shall determine the terms and conditions
of the service of the members but the Government shall not, during the term of
office of a member, vary salary, allowances and privileges to the disadvantage
of the member.
(4)
The Commission shall have–
(a) not less than one-half of the
members who have held office in the service of Pakistan in basic scale 21 or
above; (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;
[2][(iii)
women from public or private sector possessing such qualification and
experience as the Government may, by rules, prescribe; and]
(iv) retired
professionals in basic scale 20 or above of the Government with not less than
fifteen years experience in the field of engineering, agriculture, education,
medicine or dentistry, forensics, environment, information technology, law or
any other professional field.
(5)
No proceedings or act of the Commission shall be
invalid merely on the ground of existence of any vacancy or defect in the
constitution of the Commission.]
[3][4.Term of office.– [4][(1)
A member shall be appointed for a term of three years and shall not be eligible
for reappointment but a member may be appointed as the Chairman for the
residual period of the term; provided that the residual period of the member is
not less than six months.]
(2)
Notwithstanding anything contained in sub-section (1),
a member shall cease to hold office on completion of his term or on attaining
the age of sixty-five years, whichever is earlier.
(3)
A member may resign his office by writing under his
hand addressed to the Governor.]
[5][4.A. Oath of office.— Before entering
upon the 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.
7.
Functions of
Commission.— The functions of the Commission shall be(a) to conduct tests and examinations
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
organization 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 therefore; and
(b)
The matters, if any, on which the Commission ought to
have been consulted but was not consulted and the reasons therefore.
(3)
The Governor shall cause a copy of the report to be
laid before the Provincial Assembly.
3
10.
Rules [7][and Regulations].— (1) The Government
may, by notification in the official gazette, make rules for carrying out the
purpose of this Ordinance.
(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 (1 of 1974) is hereby repealed.
( 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 of ill will.
May Allah Almighty help and guide
me (A’meen)].
[1]
Section 3 is substituted by the Punjab Public Service Commission (Amendment)
Act, 2012 (XXX of 2012).
[2]
Substituted by the Punjab Public Service Commission (Amendment) Act, 2013 (XIII
of 2013).
[3]
Section 4 is substituted by the Punjab Public Service Commission (Amendment)
Act, 2012 (XXX of 2012).
[4]
Substituted by the Punjab Public Service Commission (Amendment) Act, 2013 (XIII
of 2013).
[5]
New clause added vide Notification No. Legis: 13-42/97 (P-I) dated 22.11.2002).
[6]
Section 6 is omitted by the Punjab Public Service Commission (Amendment) Act,
2012 (XXX of 2012)
[7]
Added vide Notification No. Legis: 3(32)/85 dated 27.02.1985.
[8]
Added vide Notification No. Legis: 13-42/97(P-I) dated 22.11.2002.
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