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Law and Justice Commission of Pakistan Employees (Terms and Conditions of Service) Rules, 1992

In exercise of the powers conferred  by section 9 of the Law and Justice Commission of Pakistan Ordinance 1979 (Ordinance XIV of 1979), the Law and Justice Commission of Pakistan makes the following Rules regarding the terms and conditions of service of employees serving in the Secretariat of Law and Justice Commission of Pakistan, namely:–

 

  1. Short title and commencement.-(1)  These Rules may be called the Law and Justice Commission of Pakistan Employees (Terms and Conditions of Service) Rules, 1992.

(2)          They shall come into force at once.

 

  1. Definitions.-In these Rules, unless the context otherwise  permits-

(i)          “Appointing Authority” in relation to a post means the person authorized under these rules to make appointment to that post.

(ii)          “Chairman” means Chairman of the Law and Justice Commission of Pakistan.

(iii)        “Commission” means, the Law and Justice Commission of Pakistan established under section 3 of the Law and Justice Commission of Pakistan (XIV of 1979).

(iv)        “Departmental Promotion Committee” means a Committee constituted for the purpose of making selection for promotion.

(v)           “Employee” means an employee of Law and Justice Commission of Pakistan.

(vi)      “Ordinance” means Law and Justice Commission of Pakistan Ordinance 1979 (XIV     of 1979).

(vii)      “Secretariat and Secretary” means, respectively, Secretariat and Secretary of the Commission.

(viii)    “Selection Board/Committee” means the Board/Committee constituted by the Chairman for the purpose of appointment.

 

  1. Establishment of Secretariat of Law and Justice Commission of Pakistan. The establishment of the Secretariat of Law and Justice Commission of Pakistan shall consist of posts mentioned in the Schedule to these rules.

 

  1. Terms and Conditions of Service.-(i)  Subject to any special provisions contained in the Ordinance or these Rules, the rules and orders in force and applicable, from time to time, to civil servants of corresponding grades of the Federal Government shall regulate the terms and conditions of service of employees serving in the Secretariat of the Commission:

Provided that the powers exercisable under the said rules and orders by the President, or by any authority subordinate to the President, shall be exercisable by the Chairman or by such persons as he may, by a general or special order, direct.

(ii)  The holders of posts mentioned in the second column of the Schedule to these rules are, respectively, entitled to the status and scales of pay,  allowances and other fringe benefits as admissible to employees of the Federal Secretariat serving in corresponding scales of pay.

(iii)   Any question arising as to which rules or orders are applicable to the case of an employee serving in Secretariat of the commission shall be decided by the Chairman.

 

  1. Application of Government Servants (Efficiency and Discipline) Rules,1973.-  The Government Servants (Efficiency and Discipline) Rules, 1973, as may be amended from time to time by the Federal government shall apply mutatis mutandis to the employees serving in the Secretariat of the Commission.

 

  1. Procedure.-Subject to the provisions of rule 5, the Chairman shall have the power to impose a penalty on the Secretary.

 

  1. (i)         Subject to the provisions of rule 5, the Chairman or, subject also to any special order of the Chairman, the Secretary may impose any of the penalties mentioned in the Government Servants (Efficiency and  Discipline) Rules, 1973, on any employee serving in the Secretariat of the Commission.

(ii) Where any penalty is imposed by the Secretary, an appeal shall lie from his order to the Chairman and where any penalty is imposed by the Chairman, otherwise than on appeal from the order of the Secretary, there

shall be no appeal, but the person concerned may apply for review of the order within  thirty days from the date of the order.

 

  1. Recruitment/Promotion Procedure.-(i)  Subject to the provisions of these rules and all appointments and promotions shall be made by the appointing authorities on the recommendations of the Selection/Departmental Promotion Committees/Boards constituted by the Chairman.

(ii)        Merit and the Provincial/Regional quota as well as special quota prescribed by the Government from time to time shall be fully observed.

(iii)       The rules and orders issued by the Federal Government regarding maximum age limit, physical fitness, verification of character and antecedents, nationality etc. shall be followed by the Appointing Authorities in making direct recruitment to the Staff of the Commission.

(iv)       Appointments to the posts in connection with the affairs of the Law and Justice Commission of Pakistan shall be made, in the manner prescribed in Schedule to these rules.

 

  1. Relaxation of Rules.-The Chairman may relax any of the prescribed conditions of appointment/promotion in cases where he considers it desirable to do so in the interest of  Commission

 

  1. Interpretation.-Any question relating to the interpretation of these rules shall be decided by the Chairman.

 

  1. Repeal.- Pakistan Law Commission (Terms and Conditions of Service of Staff) Rules, 1979 are hereby repealed.

Provided that this repeal shall not affect any appointment/promotion made or anything done under the said rules, prior to this repeal.

 

 

 

 

SCHEDULE

(See Rule 8 (iv)

 

OFFICERS OF THE COMMISSION

 

S.No. Name of Post Status and Pay scale Mode of Appointment, Qualification/ Conditions.
1.  Secretary BPS-21. The same status and pay scale as may be prescribed from time to time for the post of Additional Secretary to the Federal Government. Appointment to the post shall be made by the Chairman in his Discretion:
   

(i) by promotion from amongst the officers serving in the Secretariat of the Commission, not lower in rank and pay scale than a Joint Secretary to the Federal Government, holding a law degree and having rendered 5 years service in BPS-20 OR 22 years service in BPS-17 and above OR 17 years service in BPS-18 and above in case of direct recruitment in BPS-18 OR 10 years service in BPS-19 and above in case of direct recruitment in BPS-19.

 

   

(ii)           by direct recruitment from amongst the persons holding a law degree, preferably a higher foreign degree in law with 15 years standing at the Bar.

 

    (iii)         by direct recruitment from amongst teachers/scholars of law with 15 years experience.
   

(iv)          by direct recruitment from amongst the Law Officers serving in the offices of Attorney General, Advocate Generals and provincial Law Departments with 15 years standing in service and/or at the Bar.

 

   

(v)           by direct recruitment from amongst the officers of the Federal or Provincial Governments holding a law degree including the Judicial Officer having rendered 5 years service in BPS-20 ,  on regular basis or by move-over [1][5].

 

   

(vi)          by transfer from amongst the officers of equivalent rank serving in the Federal or Provincial Governments holding a law degree including the Judicial Officers.

 

   

(vii)        by taking on deputation from amongst the officers of the Federal or Provincial Governments holding a law degree including the Judicial Officers serving in BPS-20 [2][6].

 

2.    Joint Secretary BPS-20. The same status and pay scale as may be prescribed from time to time for the post of Joint Secretary to the Federal Government. Appointment to the post shall be made by the Chairman in his discretion:
   

(i) by promotion from amongst the officers serving in the Secretariat of the Commission, not lower in rank and pay scale than a Deputy Secretary to the Federal Government, holding a law degree and having rendered 5 years service in BPS-19 OR 17 years service in BPS-17 and above OR 12 years service in BPS-18 and above in case of direct recruitment in BPS-18.

 

   

(ii)           by direct recruitment from amongst the persons holding a law degree, preferably a higher foreign degree in law with 13 years standing at the Bar.

 

   

(iii)         by direct recruitment from amongst teachers/scholars of law with 13 years experience.

 

   

(iv)          by direct recruitment from amongst the Law Officers serving in the office of Attorney General, Advocates Generals and Provincial Law Departments with 13 years standing in service and/or at the Bar.

 

    (v)           by direct recruitment from amongst the officers of the Federal or Provincial Governments holding a law degree including the Judicial officers, having rendered 5 years service in BPS-19, on regular basis or by move-over [3][7].
   

(vi)          by transfer from amongst the officers of equivalent rank, serving in the Federal or Provincial governments holding a law degree including the Judicial Officers.

 

   

(vii)        by taking on deputation from amongst the officers of the Federal or Provincial Governments holding a law degree including the Judicial Officers serving in BPS-19[4][8].

 

(Maximum age for column (ii), (iii) and (iv) is 50 years).

 

3.  Deputy Secretary BPS-19. The same status and pay scale as may be prescribed from time to time for the post of Deputy Secretary to the Federal Government. Appointment to the post shall be made by the Chairman in his discretion:
   

  (i)          by promotion from amongst the officers serving in the Secretariat of the Commission in BPS-18 holding a law degree and having rendered 7 years service in BPS-18 OR 12 years service in BPS-17 and above.

 

   

(ii)           by direct recruitment from amongst the persons holding a law degree with 9 years standing at the Bar.

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2020-01-17T11:51:16+05:00