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

 

19th February, 1992

 

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

 

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

 

(2)      They shall come into force at once.

 

2.         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 Pakistan Law Commission.

 

(iii)     “Commission” means, the Pakistan Law Commission established under section 3 of the Law Commission Ordinance (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 Pakistan Law Commission.

 

(vi)     “Ordinance” means Pakistan Law Commission Ordinance 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.

 

3.         Establishment of Secretariat of Pakistan Law Commission.- The establishment of the Secretariat of Pakistan Law Commission shall consist of posts mentioned in the Schedule to these rules.

 

4.         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.

 

5.         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.

 

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

 

7.       (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.

 

8.       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 Commission shall be made, in the manner prescribed in Schedule to these rules.

 

9.         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.

 

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

 

11.      Repeal.—The 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

 

1.  Secretary

BPS-21. The same status and payscale 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 Officer 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 officer 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 .

 

 

(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.    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 .

 

 

(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.

(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. 

 

 

(iii)     by direct recruitment from amongst teachers/scholars of law with 9 years experience. 

 

 

(iv)     by direct recruitment from amongst the Law Officers with 9 years standing in service and/or at the Bar serving in the Provincial Law Departments. 

 

 

(v) by direct recruitment from amongst the officers of the Federal or Provincial Governments holding a law degree including the Judicial Officers having rendered 7 years service in BPS-18  on regular basis or by move-over. 

 

 

(vi) by transfer from amongst the officers  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-18 on regular basis.

(Maximum age for column (ii), (iii) and (iv) is 45 years. 

4.  Research Officer

BPS-18. The same status and pay scale as may be prescribed from time to time for the post of Section Officer in BPS-18 in 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 Secretariatof the Commission in BPS-17, holding a law degree and having rendered 5 years service in BPS-17.

 

 

(ii)      by direct recruitment from amongst the persons holding a law degree with 5 years standing at the Bar.

 

 

(iii)     by direct recruitment from amongst teachers/scholars of law with 5 years experience. 

 

 

(iv)     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-17. 

 

 

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

 

 

(vi)     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-17 on regular basis.

(Maximum age for column (ii) and (iii) is 35 years).

5. Private Secretary

BPS-17. The Same status and pay scale as may be prescribed from time to time for the post of P.S. to Additional Secretary to the Federal Government.

 

Appointment to the post shall be made by the Chairman in his discretion by selection from amongst the Stenographers(selection grade) serving in the Secretariat of the Commission with 5 years service in the relevant grade on the basis of seniority-cum-fitness, failing that by direct recruitment or by transfer from amongst persons who are Graduate and are competent in Shorthand and Typewriting with a speed of 120/50 words per minute respectively. 

6.   Superintendent

BPS-16.

Appointment to the post shall be made by the Chairman by selection from amongst the Assistant Incharge, Assistants (selection grades) serving in the Secretariat of the Commission with 5 years service in the relevant grade on the basis of seniority-cum-fitness, failing that by direct recruitment or by transfer from amongst persons who are Graduate and have 5 years  service in BPS-15.

 

7.    Accountant

BPS-16.

(i)Appointment to the post shall be made by the Chairman by deputation of persons from the Pakistan Audit Department.

 

 

 

(ii)      An employee serving in the Secretariat of the Commission as Assistant in BPS-11 or above and who is a Graduate and has gained 5 years experience in accounts may also be appointed to the post.

 

8.     Librarian

BPS-16

Appointment to the post shall be made by the Chairman by selection from amongst the Assistants (selection grade) serving in the Secretariat of the Commission who are Graduate hold Diploma in Library Science and have 5 years practical experience in the relevant field, failing that by direct recruitment or by transfer having similar qualifications as required above.

 

                                                         

 

                  

STAFF OF THE COMMISSION

 

9.     Assistant Incharge   

BPS-15 with special allowance

Appointment to the post shall be made by the Secretary by promotion from amongst the holders of the post of Assistant (selection grade) on the basis of seniority-cum-fitness. 

10.    Assistant              

BPS-11 33% posts shall be in selection grade BPS-15

Appointment to the post shall be made by the Secretary:

 

 

 

(i)      50% posts shall be filled by  direct recruitment from amongst the persons who are Graduate and having 5 years office experience.

 

 

(ii)      50% posts shall be filled from amongst the U.D.Cs. (selection grade)          serving in the Secretariat of the Commission on the basis of seniority-cum-fitness having 3 years service as U.D.C. 

11.Stenographer

BPS-15 33% posts shall be in selection grade BPS 16.

Appointment to the post shall be made by the Secretary:

 

 

(i)  Appointment to the post of Stenographer shall be filled by direct recruitment from amongst the persons who are Intermediate and are competent in Shorthand and Typewriting with a speed of 100/40 words per minute respectively.

 

 

(ii)  Selection grade shall be granted from amongst the Stenographers serving in the Secretariat of the Commission on the basis of seniority-cum-fitness. 

12.Upper Division Clerk.

BPS-7 33% posts shall        be in selection grade BPS-9.

Appointment to the post shall be made  by the Secretary:

 

 

(i)  50% posts shall be filled by direct recruitment from amongst the persons who are Intermediate and having 5 years office experience.

 

 

(ii)      50% posts shall be filled from amongst the L.D.Cs. (selection grade) serving in the Secretariat of the Commission on the basis of seniority-cum-fitness having 3 years service as L.D.C. 

13.Lower Division Clerk. 

BPS-5 33% posts shall be in selection grade  BPS-7

Appointment to the post shall be made by the Secretary by direct recruitment from amongst the persons who are Matric with typing speed of 40 words per minute. 

14.Driver, Despatch Rider, Daftry, Qasid, Naib Qasid and Chowkidar.

 

Appointment shall be made by the Secretary:

 

 

In making appointments to the posts in BPS-4 and below, the instructions issued from time to time by the Establishment Division/Finance Division, for Recruitment to these posts in the Ministries/Divisions of the Federal Government shall, as far as practicable, be followed. 

                                           

                                                                              

          The minimum and maximum age for direct  recruitment to the posts in BPS-1 to BPS-15 is 18 to 25 years.

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