The North-west Frontier Province Public Service Commission Ordinance, 1978

THE NORTH-WEST FRONTIER PROVINCE PUBLIC SERVICE COMMISSION ORDINANCE, 1978.
13th May, 1978.
N.-W. F. P. ORDINANCE NO. XI OF 1978.
AN
ORDINANCE
to repeal and with certain modifications, re-enact the North- West Frontier Province Public Service Commission Act, 1973.


            WHEREAS it is expedient to repeal and, with certain modifications, re-enact the North-West Frontier Province Public Service Commission Act 1973 (N, W. F. P. Act XIX of 1973), in the manner hereinafter appearing;

Preamble

AND WHEREAS the Governor of the North-West Frontier Province is satisfied that, circumstances exist, which render it necessary to take immediate action;
NOW, THEREFORE, in pursuance of the Proclamation of the fifth day of July, 1977, read with the Laws (Continuance in Force) Order, 1977 (C. M. L. A. Order No. I of 1977), 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.         (1) This Ordinance may be called the North-West Frontier Province public Service Commission Ordinance, 1978.

Short title, extent and commencement.

(2) It shall come into force at once.


2.         In this Ordinance, unless the context otherwise requires,—

Definitions

(a)     "Commission" means the North-West Frontier Province Public Service Commission;
(b)     "Government" means the Government of the North-West Frontier Province;
(c)     "Governor" means the Governor of the North-West Frontier Province;
(d)     "Member" means a Member of the Commission and includes the Chairman thereof;
(e)     "prescribed" means prescribed by rules made under this Ordinance and
(f)      "Province" means the North-West Frontier Province.


Composition of Commission etc.

3.             (1) There shall be a Commission for the Province to be called the etc. North West Frontier Province Public Service Commission.

(2) The Governor shall by regulations determine,—
(a)     the number of members and their terms and conditions of service; and
(b)     the number of officers and servants of the Commission and their terms and conditions of service :
Provided that the salary, allowances and privileges of a member shall not be varied to his disadvantage during his term of office.
(3) The Chairman and other members shall be appointed by the Governor.
(4) Not less than one-half of the members shall be persons who have held office in the service of Pakistan for not less than twenty years.


Term of office of members, etc.

4.         (1) The Governor may determine the terms of office of the Chairman and other members which shall not exceed five years:

Provided that the Governor may extend the term of office of the Chairman or any other member for such period, not exceeding three years, as he may deem fit:
Provided further that a person holding office as Chairman or member immediately before the commencement of this Ordinance shall cease to hold office on such date as the Governor may direct.
(2) A member may resign his off ice by writing under his hand addressed to the Governor.
34A [. . . . . . . . .]
35 1[5 . . . . . . . . .]


Removal from office.

6.         A member shall not be removed from office except in the manner applicable to a Judge of a High Court and upon a reference made by the Governor.

2(7. Functions of the Commission.—The functions of the Commission shall be—
(a)     to conduct tests and examinations for recruitment to such services and posts in connection with the affairs of the Province as may be prescribed;
(b)     to advise the Governor on matters relating to:—


1    Section 5 Omitted by M.W.F.P. Ord: I of 1986, s. 2- and N.W.F.P. Act No XX of 1987.
2.   Subs: by N.W.F.P. Ordinance No. II 1985, s. 2.

 

          (i)     qualification and methods of recruitment to services and posts in connection with the affairs of the Province;
          (ii)    principles on which appointments and promotions should be made;
          (iii)   principles on which persons belonging to one service can be transferred to another service;
          (iv)   terms and conditions of service and proposals adversely affecting pension rights; and
(c)     any other matters which the Governor may refer to the Commission.
Explanation. — In this section "recruitment" means initial appointment other wise than by promotion or transfers.


8.         Where the Governor does not accept the advice of the Commission, he shall inform the Commission accordingly.

Commission to be informed when its advise not accepted.

9.         (1) It shall be the duty of the Commission to present to the Governor annually a report on the work done by the Commission, and the Governor shall cause a copy of the report to be laid before the Provincial Assembly.

Reports of Commission.

(2) The report referred to in sub-section (1) shall be accompanied by a memorandum setting out so far as is known to the Commission. —
(a)     the cases, if any, in which the advice of the Commission was not accepted and the reasons there for; and
(b)     the matters, if any, on which the Commission ought to have been consulted but was not consulted and the reasons therefor.


10.       Government may, by Notification in the Official Gazette, make for carrying out the purposes of this Ordinance.

 

11.       The North-West Frontier Province Public Service Commission Act 1973 (N. W. F. P. Act XIX of 1973), is hereby repealed.

 

 

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