CHAIRMAN AND MEMBERS (QUALIFICATIONS) RULES, 2016
[Gazette of Pakistan, Extraordinary, Part-II, 18th February, 2016]
S.R.O. 130(I)/2016, dated 16.2.2016.–In exercise of the powers conferred by sub-section (1) of Section 86 of the Industrial Relations Act, 2012 (X of 2012), the Federal Government is pleased to make the following rules namely:–
1. Short title and commencement.–(1) These rules may be called the Chairman and Members (Qualifications) Rules, 2016.
(2) They shall come into force at once.
2. Definitions.–Unless there is anything repugnant in the subject or context,–
(a) “Chairman” means the Chairman of the Commission; and
(b) “Member” means the member of the Commission.
3. Qualifications for appointment as Chairman.–(1) No person shall be appointed as Chairman unless he is or has been judge of the Supreme Court of Pakistan.
(2) The Chairman shall be appointed in consultation with the Chief Justice of the Supreme Court of Pakistan.
4. Method of appointment as Member.–(1) The post of Member shall be filled in ninety percent by initial appointment on contract basis for a period not exceeding two years and ten percent by promotion of the person specified under clause (c) of rule 5.
(2) The person appointed as Member by promotion shall hold the post on regular basis unless attaining the age of superannuation or as the case may be he stands retired from government service.
(3) Where a serving officer of the Federal Government specified under clause (a) of rule 5 is appointed as Member, the term of his appointment as such Member shall be on deputation on standard terms and conditions.
5. Qualifications for appointment as Member.–No person shall be appointed as Member unless he is or has been,–
(a) an officer of the Federal Government in Basic Pay Scale 19, 20, 21 or 22 who possesses a degree in law and has
experience of labour administration for a period of not less than three years:
Provided that in case of an officer in Basic Pay Scale 19, he shall be required to have experience in Basic Pay Scale 17 and above for a period of not less than seventeen years including three years’ experience of labour administration;
(b) a District and Session Judge; or
(c) Registrar of the Commission with 17 years’ experience in Basic Pay Scale 17 and above or 5 years’ experience in Basic Pay Scale 19 in case of initial appointment as Registrar (BPS-19) in the Commission; or
(d) an advocate who is qualified to be appointed as Judge of a High Court.
6. Repeal and Saving.–(1) The Notification No. S.R.0 No. 662(1)/2002, dated 16th September, 2002 and such other instruments issued in respect of qualifications and appointments of Chairman and Members are hereby repealed.
(2) Notwithstanding the repeal under sub-rule (1), any appointment as Chairman or Member made under the repealed Notification and other instruments so repealed shall be deemed to have been duly made under these rules.