Baluchistan Public Service Commission Act, 1974

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Baluchistan Public Service Commission Act, 1974

Table of contents

 

BALUCHISTAN PUBLIC SERVICE COMMISSION ACT, 1974


ACT IV OF 1974

 

An Act to provide for the establishment of Baluchistan Public Service Commission

 

[Gazette of Baluchistan, Extraordinary, 27th June 1974]

No. Legis-X-(4)/74.—–The Baluchistan Public Service Commission Bill, 1974 having been passed by the Provincial Assembly of Baluchistan on 7th June 1974, and assented to by the Governor of Baluchistan is hereby publish*ed as an act of the Provincial Assembly.

Preamble.-Whereas Article 242 of the Constitution of the Islamic Repub*lic of Pakistan provides that the Public Service Commission may be established and constituted by law;

And whereas it is expedient to provide for the establishment of a Balu*chistan Public Service Commission and for matters ancillary thereto;

1. Short title and commencement

(1) This Act may be called the Baluchistan Public Service Commission Act, 1974.

(2) It shall be deemed to have come into force on 14th January 1974.

2. Definitions

In this Act, unless there is anything repugnant in the subject or context,-

(a) “Commission” means the Baluchistan Public Service Commission established under this Act;

(b) “Government” means the Government of Baluchistan;

(c) “member” means a member of the Commission and, unless the context otherwise requires, includes the Chairman thereof;

(d) “prescribed” means prescribed by rules made under this Act; and

(e) “service of Pakistan” means the service of Pakistan as defined in the Constitution of Islamic Republic of Pakistan.

3. Composition of Commission

(1) There shall be a Baluchistan Public Service Commission consisting of two members to be appointed by the Government:

Provided that the Government may increase the number of members for such period as it may determine and may appoint one or more persons in the service of Pakistan to be members ex officio for the discharge of such functions as it may determine.

(2) the Government shall nominate one of the members to be the Chair man of the Commission.

(3) 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.

4. Terms of office of members

(1) A member shall hold office for a term of three years from the date on which be enters upon his office:

Provided that the Government may-

(a) extend the term of office of a member for such period as it may determine; and

(b) for reasons to be recorded in writing, terminate the appointment of a member before the expiration of his term of office.

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

(3) The pay and other terms and conditions of service of members shall be such as may be determined by the Government.

5. Functions of the Commission

The functions of the Commission shall be-

(a) to conduct tests and examinations for recruitment to-

(i) the Provincial Civil Services and such civil posts in connection with the affairs of the Province; and

(ii) such posts in or under a corporation or other body or organization -set up by the Provincial 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 Provincial Civil Service or hold civil posts to connection with the affairs of the Province; and

(c) such other functions as may be prescribed from time to time.

6. Power to make Rules

The Governor may, by notification in the official Gazette, make rules for carrying out the purposes Of this Acts.

7. Validation of actions taken under Baluchistan Ordinance I of 1974

The lapse of the Baluchistan Public Service Commission Ordinance, 1974 (Baluchistan Ordinance I of 1974), hereinafter referred to as the said Ordi*nance, shall not-

(a) affect the previous operation of the said Ordinance; or

(b) affect any right, privilege, obligation or liability acquired, accrued or incurred under the said Ordinance; or

(c) affect any legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture as aforesaid; and any such legal proceeding or remedy may be instituted, continued or enforced, and any such penalty or forfeiture be considered to have been imposed as if the said Ordinance has not lapsed.

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