The NWFP Removal From Service (Special Powers) (Amendment) Ordinance, 2001


NOTIFICATION.
23rd May, 2001.


No. Legis: 1(4)/2000/2731.—The following Ordinance by the Governor of the North-West Frontier Province is hereby published for general information:-


THE NORTH-WEST FRONTIER PROVINCE REMOVAL FROM SERVICE (SPECIAL POWERS) (AMENDMENT) ORDINANCE, 2001.
N.W.F.P. ORDINANCE NO. V OF 2001.
AN
ORDINANCE

to amend the North-West Frontier Province Removal from Service (Special Powers) Ordinance, 2000.
WHEREAS it is expedient to amend the North-West Frontier Province Removal from Service (Special Powers) Ordinance, 2000 (N.-W.F.P. Ord. No. V of 2000), for the purposes hereinafter appearing;
AND WHEREAS the Provincial Assembly of the North-West Frontier Province is in abeyance and the Governor is satisfied that the circumstances exist which render it necessary to take immediate action;
NOW, THEREFORE, in pursuance of the Proclamation of the fourteenth day of October, 1999, and the Provisional Constitution Order No. 1 of 1999, read with Article 4 of the Provisional Constitution (Amendment) Order No. 9 of 1999, and in exercise of all powers enabling him in that behalf, the Governor of the North-West Frontier Province is pleased to make and promulgate the following Ordinance:
1.         Short title and commencement.—(1) This Ordinance may be called the North-West Frontier Province Removal from Service (Special Powers) (Amendment) Ordinance, 2001.
(2) It shall come into force at once; provided that sub-clause (iv) of clause (c) of sub-section (1) of section 3 and sub-section (5) of section 5 of the North-West Frontier Province Removal from Service (Special Powers) Ordinance, 2000 (N.-W.P.P. Ord. No V of 2000), as amended, substituted or inserted by or under this Ordinance, shall be deemed to have taken effect on and from the 15th day of August, 2000.
2.         Amendment of section 3 of N.-W.F.P. Ord. No. V of 2000.—In the North-West Frontier Province Removal from Service (Special Powers) Ordinance, 2000 (N.-W.F.P. Ord. No. V of 2000), hereinafter referred to as the said Ordinance, for section 3, the following shall be substituted, namely:
“3. Dismissal, removal and compulsory retirement, etc. of certain persons in Government or corporation service, etc.— (1) Where, in the opinion of the competent authority, a person in Government or corporation service is—

  1. inefficient, or has ceased to be efficient for any reason, or is guilty of habitually absenting himself from duty without prior approval of leave; or
  2. guilty of misconduct; or
  3. corrupt, or may reasonably be considered as corrupt, because,—

(i) he, or any of his dependants or any other person, through him or on his behalf, is in possession of pecuniary sources or of property, for which he cannot reasonably account for, and which are disproportionate to his known sources of income; or
(ii) he has assumed a style of living beyond his known sources of income; or
(iii) he has a persistent reputation of being corrupt; or
(iv) he has entered into plea bargaining under any law for the time being in force and has returned the assets or gains acquired through corruption or corrupt practices voluntarily; or

  1. engaged, or is reasonably believed to be engaged, in subversive activities and his retention in service is prejudicial to national security or he is guilty of disclosure of official secrets to any unauthorised persons; or
  2. found to have been appointed or promoted on extraneous considerations in violation of law and the relevant rules,

the competent authority may, notwithstanding anything contained in any law, or the terms and conditions of service of such person, but subject to the provisions herein contained and the provisions contained in section 5, by order in writing, dismiss or remove such person from service, compulsorily retire him from service or reduce him to lower post or pay scale, or impose upon him one or more minor penalties as prescribed in the North-West Frontier Province Government Servants (Efficiency and Discipline) Rules, 1973.
            (2)        Before passing an order under sub-section (1), the competent authority shall,—

  1. by order in writing, inform the accused of the action proposed to be taken with regard to him and the grounds of the action; and
  2. give him a reasonable opportunity of showing cause against that action within seven days or within such extended period as the competent authority may determine:

Provided that no such opportunity shall be given where—
(i)   the competent authority is satisfied that in the interest of security of Pakistan or any part thereof it is not expedient to give such opportunity; or
(ii) the accused is dismissed or removed from service or reduced in rank on the ground of conduct which has led to a sentence of fine or of imprisonment or where the competent authority is satisfied for reasons to be recorded in writing that it is not reasonably practicable to give the accused an opportunity of showing cause.
(3)        The dismissal or removal or premature retirement from service or reduction to lower post or pay scale of a person under sub-section (1) shall not absolve such person from liability to any punishment to which he may be liable for an offence committed by him under any law, while in service.".
3.         Amendment of section 5 of N.-W.F.P. Ord. No. V of 2000.—In the said Ordinance, for section 5 the following shall be substituted, namely:-
"5.       Power to appoint an Inquiry Officer or Inquiry Committee.—
(1) Subject to the provisions of sub-section (2), the competent authority shall, before passing an order under section 3, appoint an Inquiry Officer or Inquiry Committee to scrutinize the conduct of a person in Government service or a person in corporation service who is alleged to have committed any of the acts or omissions specified in section 3. The Inquiry Officer or, as the case may be, the Inquiry Committee, shall—

  1. communicate to the accused the charges and statement of allegations specified in the order of inquiry passed by the competent authority;
  2. require the accused within seven days from the day the charge is communicated to him to put in a written defence;
  3. enquire into the charge and may examine such oral or documentary evidence in support of the charge or in defence of the accused as may be considered necessary and the accused shall be entitled to cross-examine the witnesses against him; and
  4. hear the case from day to day and no adjournment shall be given except for special reasons to be recorded in writing and intimated to the competent authority.
  1. Where the Inquiry Officer or, as the case may be, the Inquiry Committee, is satisfied that the accused is hampering, or attempting to hamper, the progress of the Inquiry, he or it shall record a finding to that effect and proceed to complete the inquiry in such manner as he or it deems proper in the interest of justice.
  2. The Inquiry Officer or, as the case may be, the inquiry Committee, shall submit his or its findings and recommendations to the competent authority within twenty-five days of the initiation of inquiry.
  3. The competent authority may dispense with the inquiry under sub-section (1) if it is in possession of sufficient documentary evidence against the accused, or for reasons to be recorded in writing, it is satisfied that there is no need of holding an inquiry.
  4. Where a person who has entered into plea bargaining under any law for the time being in force, and has returned the assets or gains acquired through corruption or corrupt practices voluntarily, the inquiry shall not be ordered:

Provided that show cause notice shall be issued on the basis of such plea bargaining to such person informing of the action proposed to be taken against him and the grounds of such action requiring him to submit reply within fifteen days of the receipt of the notice. On receipt of the reply, the competent authority may pass such orders as it may deem fit.".
4.         In the said Ordinance,—

  1. for the  words  "inquiry committee",  wherever occurring, except in the marginal heading of sections 6 and 7, the words and commas "Inquiry Officer or, as the case may be, the Inquiry Committee" shall be substituted; and
  2. in the marginal heading of section 6 and 7, for the words "inquiry committee" the words "Inquiry Officer or Inquiry Committee" shall be substituted.

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