FR&SR India
FR&SR India
CHAPTER 1
1 Constitutional Provisions 5
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Article 241– Until the appropriate Legislature makes a law under Existing rules,
Article 240, all rules and orders in force immediately before the etc., to
commencing day shall, so far as consistent with the provisions of continue
the Constitution, continue in force and may be amended from time
to time by the Federal Government or, as the case may be, the
Provincial Government.
Article 242– (1) [Majlis-e-Shoora (Parliament)] in relation to the
affairs of the Federation, and the Provincial Assembly of a
Province in relation to affairs of the Province, may, by law, provide
for the establishment and constitution of a Public Service
Commission.
For the Constitutional Provisions in the Constitutions of Islamic Republic of Pakistan 1956 and
1962, see Annex I, II, III & IV.
Subs by PO No. 14 of 1985, Art. 2 and Sch., for ‘Parliament’.
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[(1A) The Chairman of the Public Service Commission
constituted in relation to the affairs of the Federation shall be
appointed by the President in his discretion.]
Continuance in Article 268– (1) Except as provided by this Article, all existing laws
force, and shall, subject to the Constitution, continue in force, so far as
adaptation of, applicable and with the necessary adaptations, until altered,
certain laws.
repealed or amended by the appropriate Legislature.
(5) The powers exercisable under clause (3) and (4) shall be
subject to the provisions of an Act of the appropriate Legislature.
(6) Any court, tribunal or authority required or empowered to
enforce an existing law shall, notwithstanding that no adaptations
have been made in such law by an Order made under clause (3)
or clause (4), construe the law with all such adaptations as are
necessary to bring it into accord with the provisions of the
Constitution.
Amendment Act, 1999 (VII of 1999) s. 2 for Twenty which was previously sub. by P.O. No. 14 of
1985. Art. 2 and Sch., for ‘ten’.
@ Subs. and Ins. vide 18th Constitutional amendment s.10 dated 20-04-2010.
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(Annex-I)
CHAPTER I. – SERVICES
For the Pakistan Military Lands and Cantonments Service (Class I) Probation, Training and
Seniority Rules, 1956, see Gazette of Pakistan, 1956, Extraordinary, pp. 1153-1164.
For the Karachi Excise Subordinate Service Recruitment Rules, see Gaz. of P., 1956,
Pt. VI, pp 67 & 168.
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Rules for the grant of anticipatory pension, see Gazette of West Pakistan, 1956, Pt. I,
pp. 509-515.
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All Pakistan 183.–(1) In the Constitution “All Pakistan Services” means the
Services. services common to the Federation and the Provinces which
were the All-Pakistan Services immediately before the
Constitution Day.
(Annex – III)
184.–(1) Subject to the provisions of this Article, there shall be a Public Service
Public Service Commission for the Federation, and a Public Commissions
Service Commission for each Province.
(2) The Public Service Commission for the Federation,
if requested so to do by the Governor of a Province, may, with
the approval of the President, exercise all or any of the functions
of the Public Service Commission of the Province.
(3) Where the Federal Public Service Commission is
exercising the functions of a Provincial Public Service Commission in
respect of any matter, references in the Constitution or in any Act to the
Provincial Public Service Commission shall, unless the context
otherwise requires, be construed, in relation to that matter, as
references to the Federal Public Service Commission.
185.–In the case of the Federal Public Service Commission the Composition
President, and in the case of a Provincial Public Service of Public
Commission the Governor, may by regulations determine– Service
Commissions
(a) the number of members of the Commission and
their conditions of service; and
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187.– (1) A member of a Public Service Commission shall not be Removal of the
removed from office except on the ground of misbehaviour or members of
infirmity of mind or body. Public Service
Commissions
188.– (1) It shall be the duty of the Federal Public Service Functions of
Commission and a Provincial Public Service Commission to Public Service
conduct examinations for appointment to the services and posts Commissions
connected with the affairs of the Federation, or the Province, as the
case may be.
180.–There shall be a Central Public Service Commission for the Public Service
Centre, and a Provincial Public Service Commission for each Commissions
Province.
181.–In the case of the Central Public Service Commission, the Composition
President, and in the case of a Provincial Public Service of Public
Commission, the Governor of the Province concerned, may by Service
Order determine:– Commissions
Annual Report 189.–(1) Each Commission shall, not later than the fifteenth day
of January in each year, prepare a report on its activities during
the year ending on the previous thirty-first day of December and
submit the report –
Sl. No. 2
Civil Servants Act, 1973 (Act No. LXXI of 1973)
An Act to regulate the appointment of persons to, and the
terms and conditions of service of persons in, the service of
Pakistan.
The Act received assent of the President on the 26th September, 1973 and was published in the
Gazette of Pakistan, Extra Part I, September, 29, 1973.
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(d) "pay" means the amount drawn monthly by a civil servant as pay
and includes technical pay, special pay, personal pay and other
emoluments declared by the prescribed authority to be pay;
(g) "rules" 'means rules made or deemed to have been made under
this Act;
Re-numbered and added vide Civil Servants (Amendment) Act V of 1996, s.2, dated 17-3-1996.
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(4) A civil servant who, during the period of his service, was eligible to
be confirmed in any service or against any post retires from service before being
confirmed shall not, merely by reason of such retirement, be refused confirmation in
such service or post or any benefits accruing therefrom.
The words "or Grade" omitted and subs vide Civil Servants (Amendment) Ordinance No.III
of 1984 (w.e.f.1-7-1983).
Omitted vide Civil Servants (Amendment) Ordinance No. III of 1984, s.4, (w.e.1. 1-7-1983).
Subs. vide Civil Servants (Amendment) Ordinance No. XXXIIl of 2001, dated 4-8-2001.
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["Provided that the posts of–
(a) Additional Secretary and Senior Joint Secretary may, in the public
interest, be filled by promotion from amongst officers of regularly
constituted Occupational Groups and services holding, on regular
basis, posts in Basic Pay Scale 20; and
(b) Secretary may, in the public interest, be filled by, promotion from
amongst officers of regularly constituted Occupational Groups and
services holding, on regular basis, posts in Basic Pay Scale 21;
10. Posting and transfer.- Every civil servant shall be liable to serve
any where within or outside Pakistan, in any ***[equivalent or higher] post under the
Federal Government, or any Provincial Government or local authority, or a corporation
or body set up or established by any such Government:
* Added vide Civil Servants (Amendment) Ordinance No. XXXIIl of 2001, dated 4-8-2001.
** Added vide Civil Servants (Amendment) Ordinance No. XLIII of 2000, dated 6-7-2000.
*** Ins. vide Civil Servants (Amendment) Act V of 1996, s.3, dated 17-3-1996.
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Subs. vide Civil Servants (Amendment) Ordinance No. III of 1984 (w.e.f. 1-7-1983).
**Inserted vide Civil Servants (Amendment) Ordinance No. XX of 2001.
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(ii) Where the President or any person authorised by him under the
rules is satisfied, for reasons to be recorded in writing, that in the
interest of the security of Pakistan or any part thereof, it is not
expedient to give to that civil servant such an opportunity].
* Added vide Civil Servants (Amendment) Ordinance No. CXXX of 2002 promulgated on 13.11.2002.
** Subs. vide Civil Servants (Amendment) Act V of 1996, s.4, dated 17-3-1996.
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(a) without notice, remove such a civil servant from service or revert
him to his lower post [ * * ] as the case may be, on such date as
the President or, as the case may be, the person so authorised
may, in the public interest, direct; or
(2) No direction under clause (i) of sub-section (1) shall be made until
the civil servant has been informed in writing of the grounds on which it is
proposed to make the direction, and has been given a reasonable opportunity of
showing cause against the said direction.
Subs. vide Civil Servants (Amendment) Ordinance No. XXXIV of 1980.
Note.- Persons whose service has been terminated under section 12-A of the Civil Servants
Act, 1973 are not disqualified from future employment under Government vide Estt. Division O.M.
No. 4/9/78-Rev. l, dated 22-1-1984.
The words “or Grade" omitted vide Civil Servants (Amendment) Ordinance No.III of 1984.
*** Subs. vide Civil Servants (Amendment) Ordinance No. XX of 2000, dated 1-6-2000.
@ Subs. vide Civil Servants (Amendment) Ordinance No. XXXIV of 2001, promulgated on 4-8-2001.
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Provided further that where a civil servant has under an order which is later set
aside, been dismissed or removed from service or reduced in rank, he shall, on
the setting aside of such order, be entitled to such arrears of pay as the authority
setting aside such order may determine.
The words "or Grade" Omitted vide Civil Servants (Amendment) Ordinance No. llI of 1984,
w.e.f. 1-7-1983.
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(2) In the event of the death of a civil servant, whether before or after
retirement, his family shall be entitled to receive such pension, or gratuity, or both, as
may be prescribed.
20. Provident Fund.– (1) Before the expiry of the third month of every
financial year, the accounts officer or other officer required to maintain provident
fund accounts shall furnish to every civil servant subscribing to a provident fund
the account of which he is required to maintain a statement under his hand
showing the subscriptions to, including the interests accruing thereon, if any, and
withdrawals or advances from his provident fund during the preceding financial
year.
21. Benevolent Fund and Group Insurance.– AII civil servants and
their families shall be entitled to the benefits admissible under the Federal
Employees Benevolent Fund and Group Insurance Act, 1969 (II of 1969), and the
rules made thereunder.
(2) Where no provision for appeal or review exists under the rules in
respect of any order or class of orders, a civil servant aggrieved by any such
order may, within thirty days of the communication to him of such order, make a
representation against it, to the authority next above the authority which made the
order:
CHAPTER III.--MISCELLANEOUS
23. Saving.– Nothing in this Act or in any rule shall be construed to limit or
abridge the power of the President to deal with the case of any civil servant in such
manner as may appear to him to be just and equitable:
Provided that, where this Act or any rule is applicable to the case of
a civil servant, the case shall not be dealt with in any manner less
favourable to him than that provided by this Act or such rule.
[23A. Indemnity.– No suit, prosecution or other legal proceedings shall
lie against a civil servant for anything done in his official capacity which is in good
faith done or intended to be done under this Act or the rules, instructions or
directions made or issued thereunder.
23B. Jurisdiction barred.– Save as provided under this Act and the
Service Tribunals Act, 1973 (LXX of 1973), or the rules made thereunder, no
order made or proceedings taken under this Act, or the rules, made thereunder
by the President or any officer authorized by him shall be called in question in
any Court and no injunction shall be granted by any Court in respect of any
decision made, or proceedings taken in pursuance of any power conferred by, or
under, this Act or the rules made thereunder].
Added vide Civil Servants (Amendment) Ordinance No. LXI of 2001 dated 7-11-2001.
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[Authority: The Act received assent of the President on the 26 th September, 1973 and was published
in the Gazette of Pakistan, Extra Part I, dated 29-9-1973]
Sl. No. 3
To validate certain rules made under the Civil Servants Act, 1973 and certain
actions taken thereunder–
WHEREAS it is expedient to validate certain rules made under the Civil Servants
Act, 1973 (LXXIII of 1973), for the purpose hereinafter appearing;
AND WHEREAS the National Assembly and the Senate stand suspended in
pursuance of the Proclamation of Emergency of the fourteenth day of October 1999, and
the Provisional Constitution Order No. 1 of 1999;
exercise of all powers enabling him in that behalf, the President of the Islamic
Republic of Pakistan is pleased to make and promulgate the following Ordinance:–
(2) All orders made, proceedings taken, acts done, instructions issued,
powers exercised, appointments made thereunder by any authority which were
made, taken, done or purported to have been made, taken, done, issued, or
exercised immediately before the commencement of this Ordinance shall be
deemed to have been validly made, taken, done, issued or exercised and
deemed always to have had effect accordingly.
Sl. No. 4
2. It has been submitted before us that an appeal lies only against a
final order and that the remarks are not a final order in any case because they are
meant only to give opportunity to the persons to correct themselves. We find
absolutely no merit in this submission. The entries in the *Annual Confidential
Reports are a final order subject only to their expunction by a higher authority.
Now PERs (Performance Evaluation Reports).
Supreme Court of Pakistan.
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*
Now Performance Evaluation Reports(PERs).