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RULES, 2013

PAKISTAN TELECOMMUNICATION AUTHORITY'S CHAIRMAN AND MEMBER (APPOINTMENT AND QUALIFICATIONS) RULES, 2013

[Gazette of Pakistan, Extraordinary, Part-II, 19th February, 2013]

S.R.O. 121(I)/2013, dated 13.2.2013.—In exercise of the powers conferred by sub-section (1) of Section 57 of the Pakistan Telecommunication Authority (Re-organization) Act, 1996 (XVII of 1996), the Federal Government is pleased to make the following rules for appointment of the members and Chairman of the Authority, namely:—

1.  Short title and commencement.—(1) These rules may be called the Pakistan Telecommunication Authority's Chairman and Member (Appointment and Qualifications) Rules, 2013.

(2)  They shall come into force at once.

2.       Definitions.—(1) In these rules, unless there is anything repugnant in the subject or context,—

(a)     "Act" means the Pakistan Telecommunication (Re-organization) Act, 1996 (XVII of 1996);

(b)     "Chairman" means Chairman of the Authority as appointed by the Federal Government under Section 3 of the Act,

(c)     "Member" means Member of the Authority appointed by the Federal Government under Section 3 of the Act.

(2)     The words and expressions used but not defined in these rules shall have the same meanings as assigned to them in the Act and any other law for the time enforce referred herein.

3.       Procedure for appointment of Member.—(1) The Federal Government may appoint a person who is a citizen of Pakistan as members to perform functions and exercise powers under the Act:

Provided that no person shall be appointed as a Member unless he is a citizen of Pakistan and persons having dual nationality shall not be eligible for appointment as Member.

(3)     No person who is more than sixty-five years of age shall be appointed as Member of the Authority and person shall cease to be Member or Chairman on attaining the age of sixty-five years.

4.  Qualifications for appointment—(1) The educational qualifications and experience for appointment of Member (Finance), Member (Technical) and Member (Compliance and Enforcement) PTA shall be as prescribed in the Schedule-I to these rules.

(2)     Appointment of any Member shall be made by the Federal Government by one or more of the following methods, namely: —

(a)     by initial appointment through advertisement;

(b)     through deputation of the civil servant not below the rank of Additional Secretary (BPS-21):

          Provided that in case an appointment is to be made under clause (b) of sub-rule (2) a panel of three officers will be put up for approval of the Federal Government.

(3)     In case of appointment of Member through an advertisement, the post shall be advertised in the press, in English and Urdu newspaper, inviting applications for the post of member.

(4)     A Selection Committee as per Schedule-II to these rules shall conduct interview for making recommendation to the Federal Government. The Committee shall conduct interview of the shortlisted candidate and give its recommendations with reasons and justifications for approval of the Federal Government within three working days from the date of conclusion of interviews.

(5)     In case an officer already in government service is appointed as Member (Finance), Member (Technical) or Member (Compliance & Enforcement) as per prescribed procedure specified in sub-rule (4) shall be appointed on deputation till the age of superannuation or expiry of the term whichever is earlier. In case he attains the age of superannuation before expiry of the term of four years, the remaining period of unexpired term shall be completed as contract appointment. In such case, he shall be entitled to the pay of the post for the entire tenure.

5.  Tenure of appointment.—All Members of the Authority shall be appointed for a term of four years and may be eligible for re-appointment for a similar term or terms with the approval of Prime Minister, provided performance of the Member is found satisfactory by the Committee notified as in Schedule-II.

6.       Appointment of Chairman.—The Federal Government shall appoint a Member to be the Chairman of the Authority from amongst the Member appointed under sub-section (2) of Section 3.

7.       Salaries and privileges of the Members and Chairman of the Authority.—(1) Excluding Chairman, all members of the Authority shall be paid salary and shall be entitled to all privileges of an officer MP-II as determine by the Federal Government at the time of appointment.

(2)  The Chairman shall be paid and he shall be entitled to all privileges of an officer in MP-I as the Federal Government may determine at the time of appointment.

8.       Termination and removal of Members and Chairman.—The contract of Members or Chairman shall be terminated as per following grounds, namely:—

(a)     If Member or, as the ease may be, the Chairman, resigns his office by writing under his hand addressed to the Federal Government, his appointment or contract shall be terminated on acceptance of the resignation by the Federal Government;

(b)     a Federal or Provincial Civil servant holding the post of Member or the Chairman may request for termination of his appointment on one month's notice provided that no inquiry is pending or contemplated against him;

(c)     upon completion of tenure or period of the term; and

(d)     by the Court of Law;

9.  Existing members and Chairman deemed appointed under these rules,—(1) The Members or Chairman presently working shall be deemed to be appointed under these rules.

(2)  Notwithstanding anything contained in these rules, within 15 days of the Notification of these rules, the Federal Government shall verify as to whether all present Members/Chairman fulfill the requirements/qualifications in field at the time of their respective appointments, and in case Federal Government is satisfied that the appointments arc not in accordance with the provisions of the Act and applicable criteria of sub-rule (1) shall not apply and the Federal Government shall proceed to make fresh appointments in accordance with these rules.

10.     Repeal.—The procedure already provided in the OM dated 06-02-2003 of the Cabinet Division for the appointment of Chairman and Members of Authority is hereby repealed and the procedure already notified by Finance Division vide O.M. No. 3(7)R4/98. Vol-II/2007(B), dated 11-04-2007 is hereby repealed to the extent of members of Pakistan Telecommunication Authority.

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SCHEDULE I

[See Rule 4(1)]

S.No.

Name of Post

Qualification & Experience

Maximum Age.

1.

Member (Finance)

The applicant should be a financial expert/Chartered Accountant/ FCA/CFA/CPA/ CIMA from a recognized Foreign/Local University/ Institution of high repute with fifteen years experience including at least five years at the top management level.

57 years.

2.

Member (Tech)

(a) Ph.D. in Telecom, Electronics or Electrical Engineering with major in telecommunication with fifteen years relevant experience in a responsible position in public or private sectors.

OR

M.Sc./M.S {Electrical/ Electronics / Telecommun-ications Engineering) with major in Telecommunication or in a related discipline with a minimum of eighteen years experience in a responsible position in public / private sector. The experience of working in the field of Telecommunications / Regulatory organization will be preferred.

57 years.

3.

Member (Compliance & Enforcement)

Ph.D / Professional Charter in Business / Finance / Regulatory Economics / Administration / Corporate Management/ Telecommunications / Computer Sciences / Information Technology from Foreign/Local Institutions with 15 years experience including at least five years at the top management level.

OR

Masters Degree in above disciplines or ELM from a foreign or local university with 18 years relevant experience in Public / Private Sector.

57 years.

SCHEDULE II

[See Rule 4(4)]

SELECTION COMMITTEE FOR CONDUCTING INTERVIEWS

(i)      A Minister/Minister of State as designated 
by the Prime Minister                             Chairman

(ii)     Secretary, IT.                                          Member

(iii)    Additional Secretary, Cabinet Division  Member

(iv)    Additional Secretary, Establishment 
Division                                                 Member

(v)     Additional Secretary, Law and Justice 
Division                                                 Member