EXTRAORDINARY
REGISTERED NO. S-2771
The Balochistan Gazette
PUBLISHED BY AUTHORITY
No.30
QUETTA
SATURDAY
JUNE 27, 1974
PROVINCIAL ASSEMBLY OF BALOCHISTAN
NOTIFICATION
Dated Quetta, the 27th June, 1974.
No. Legis- x-(10)/74.
The Balochistan Service Tribunals Bill, 1974
having been passed by the Provincial Assembly of Balochistan on 5th June, 1974
and assented to by the Governor of Balochistan is hereby published as an Act of
the Provincial Assembly.
THE BALOCHISTAN SERVICE TRIBUNALS
ACT, 1974.
BALOCHISTAN ACT NO. V OF 1974
AN
ACT
to provide for the establishment of Service Tribunals to exercise jurisdiction
regarding matters relating to the terms and conditions of service in respect of services
of the Province of Balochistan
Preamble.
WHEREAS it is expedient to provide for the
establishment of Administrative Tribunals to be called
Service Tribunals, to exercise exclusive jurisdiction in
respect of matters relating to the terms and conditions of
service of civil servants, and for matters connected
therewith or ancillary thereto;
It is hereby enacted as follows:
S h o r t
t i t l e
commencement and
application.
1.
(1)
This Act may be called the Balochistan
Service Tribunals Act, 1974.
(2)
It shall come into force, at once.
(3)
may be.
Definitions.
It applies to all civil servants where-ever they
2.
In this Act, unless there is anything repugnant in
the subject or context:1
[(a)
civil servants means a person who is or has
been a civil servant within the meaning of
Balochistan Civil Servants Act, 1974 (IX of
1974), but does not include a person who is or
has been a member of the subordinate
judiciary, for the purposes of this Act.
Explanation:The member of the
subordinate Judiciary includes Qazi, Member
Majlis-e-Shoora, Civil Judge, Senior Civil Judge,
Additional District and Sessions Judge, District
and Sessions Judge (Inspection), Presiding
Officer Labour Court and District and Sessions
Judge;)
[(a-i) Chairman means the Chairman of the
Tribunal appointed under section 3;]
(b)
Government means the Government of
Balochistan; 3[****]
[(b-i) Member means the Member of the Tribunal
appointed under section 3; and]
(c)
Tribunals.
Tribunal means a Service
established under section 3.
Tribunal
3.
(1)
The Government may, by notification in the
official Gazette, establish one or more Service Tribunals
and, where there are established more than one Tribunals,
the Government shall specify in the notification the class or
classes of civil servants in respect of whom, or the
territorial limits within which, each such Tribunal shall
exercise jurisdiction under this Act.
(2)
A Tribunal shall have exclusive jurisdiction in
respect of matters, relating to the terms and conditions of
service of civil servants, including disciplinary matters.
1
2
3
4
Clause (a) subs first by Ord-VI of 1978; and then by Act VII of 1989; effective from 20th June, 1989.
Inserted by Act No. II of 2013 dated 4th July, 2013.
Omitted ibid.
Inserted by Act No. II of 2013 dated 4th July, 2013.
(3)
A Tribunal shall consist of:5
a Chairman, being a person who has
been, or is qualified to be, Judge of a
High Court; and
(b)
two members,-
[(a)
(i)
one from amongst the serving
District Judges having not less
than three years service as such;
and
(ii)
one from amongst the serving
Civil Servants having service of
not less than ten years against an
Executive Class I post under the
Provincial Government or Federal
Government; and preferably
having a legal background:
Provided that where the
District Judges or the incumbent
Civil Servants are not available,
the appointment may be made
from amongst the persons
qualified to be a Judge of High
court.]
(4)
The Chairman and members of a Tribunal shall
be appointed by the Government 6[in consultation with the
Chief Justice of the Balochistan High Court,] on such terms
and conditions as it may determine 7[;
Provided that all such appointments shall be only for
a single term consisting of a non-extendable period of three
years or till the date of superannuation, whichever is earlier
in case of a person in service.]
(5)
The Chairman or a member of a Tribunal may
resign his office by writing under his hand addressed to the
Government 8[;
Provided that on resignation by a person in regular
service as District Judge or a Civil Servant, if it has been
decided to accept his resignation then the incumbent shall be
considered as surrender to his own cadre for further posting
or for such action as the case may be; and]
5
6
7
8
Substituted by Act No. II of 2013 dated 4th July, 2013.
Inserted by Act No. II of 2013 dated 4th July, 2013.
Inserted and added by Act No. II of 2013 dated 4th July, 2013.
Inserted and added by Act No. II of 2013 dated 4th July, 2013.
[(6) If for any reason, the Chairman becomes unable
to perform his duties temporarily, the senior most Member of
the Tribunal, shall act as Chairman till such time the
Chairman resumes his duties.]
10
[Constitution of
Benches.
3-A. (1)
Notwithstanding anything contained in
section 3, the Chairman may constitute a Bench consisting
of himself or one Member only or two Members without the
Chairman or the Chairman and a Member and when so
constituted a Bench shall be deemed to be a Tribunal:
Provided that
I.
where a bench consisting of one Member is to
be constituted preference should be given to the
Judicial Member;
II.
where a bench consisting of two Members is to
be constituted it should be comprising of a
Judicial Member and the Member from Civil
Service or the member other than the Civil
Servant; and
III.
every bench consisting of two Members should
be headed by the Judicial Member;
(2)
If a Bench is unable to arrive at a unanimous
decision in an appeal, the matter shall be placed before the
Full Tribunal and the decision of the Tribunal shall be
expressed in terms of the opinion of the majority:
Provided that the Chairman or the Member who was
not already on the Bench cannot be associated or is unable
for any reason to take part in the hearing of the appeal, the
decision of the Tribunal shall be expressed in terms of the
opinion of the senior Member of the Bench.
(3)
The Chairman may, at any stage of the hearing
of an appeal, withdraw it from the Tribunal and entrust it to
a Bench or may withdraw any appeal pending before a Bench
and make it over to another Bench or to the Tribunal.]
4.
Any civil servant aggrieved by any final order, whether
original or appellate, made by Tribunals departmental
authority in respect of any of the terms and conditions of his
service may, within thirty days of the communication of such
order to him, prefer an appeal to the Tribunal having
jurisdiction in the matter:
9
10
Substituted by Act No. II of 2013 dated 4th July, 2013.
Inserted by Act No. II of 2013 dated 4th July, 2013.
Provided that:(a)
Where an appeal, review or representation to a
departmental authority is provided under any
law or any rules against any such order, no
appeal shall lie to a Tribunal unless the
aggrieved civil servant has preferred an appeal
or application for review or representation to
such departmental authority and a period of
ninety days has elapsed from the date on which
such appeal, application or representation was
so preferred; and
(b)
no appeal shall lie to a Tribunal against an
order or decision of a departmental authority
determining:(i)
the fitness or otherwise of a person to be
appointed to or hold a particular or to be
promoted post to a higher post or grade;
or
(ii)
the
quantum
of
departmental
punishment or penalty imposed on a civil
servant as a result of a departmental
inquiry, except where the penalty
imposed is dismissal from service,
removal from service or compulsory
retirement.
Explanation:In this section, Departmental
Authority means any authority, other than a Tribunal,
which is competent to make an order in respect of any of the
terms and conditions of civil servants.
Power of Tribunals
5.
(1)
A Tribunal may, on appeal, confirm, set
aside, vary or modify the order appealed against.
(2)
A Tribunal shall, for the purpose of deciding any
appeal, be deemed to be a civil court and shall have the same
powers as are vested in such court under the Code of Civil
Procedure, 1908 (Act V of 1908), including the powers of:(a)
(b)
(c)
enforcing the attendance of any person
and examining him on oath;
compelling the production of documents;
issuing commission for the examination
of witnesses and documents.
(3)
No Court-fee shall be payable for preferring an
appeal to, or filing, exhibiting or recording any document in,
or obtaining any document from, a Tribunal.
11
[Controlling
Authority.
5-A. (1)
The Chairman of the Tribunal shall be the
Authority for all the administrative, disciplinary and
financial matters of the Balochistan Service Tribunal; and
in this respect there shall be a Registrar, who shall be
responsible for the smooth working of the Tribunal, the
administration as well as the appointments, promotions,
disciplinary actions, transfers and postings of officers and
staff, the budget and accounts of the Tribunal, in
accordance to the rules.
(2)
On establishment of a Tribunal under
section 3, the Government shall allocate funds for the
Tribunal in its annual budget, as passed in its budget
session by the Balochistan Provincial Assembly. For
which the Chairman of the Tribunal shall have all the
financial powers to disburse and make re-appropriation
of the amount so allocated by the Government and
approved by the Provincial Assembly in the Annual
Budget, from one head to another head without seeking
any approval of the Provincial Finance Department:
Provided that the expenditure that is incurred by
him shall falls within the prescribed limit of the allocated
funds/sanctioned Budget of the Tribunal.]
Abatement of suits
a n d
o t h e r
proceedings.
6.
All suits, appeals or applications regarding any
matter within the jurisdiction of a Tribunal pending in
any court immediately, before the commencement of the
law as may be enacted by the Parliament extending
clause (2) of Article 212 of the Constitution of the Islamic
Republic of Pakistan to a Tribunal, shall abate on the
commencement of such law:
Provided that any civil servant who is a party to such
a suit, appeal or application may, within ninety days of the
commencement of such law, prefer an appeal to the
appropriate Tribunal in respect of such any matter which is
in issue in such suit, appeal or application.
Limitation.
Rules.
11
12
12
[6-A.
The provisions of section 5 and 12 of the
Limitation Act, 1908 (IX of 1908) shall apply to appeals
under this Act.]
7.
The Provincial Government may, by notification in
the official Gazette, make rules for carrying out the
purposes of this Act.
Inserted by Act No. II of 2013 dated 4th July, 2013.
Sec. 6-A ins. by Ord. XII of 1980 w.e.f. 05-06-1974.
Transfer of cases.
8.
All cases pending before this Tribunal constituted
under section 5 of the 13[Balochistan] Civil Service
(Appellate Tribunals) Ordinance, 1969 immediately before
the commencement of this Act shall, on such
commencement, stand transferred to the Tribunal having
jurisdiction.
Repeal of West
P a k i s t a n
Ordinance XXVIII
of 1969
9.
The 14[Balochistan] Civil Service (Appellate
Tribunals) Ordinance, 1969, is hereby repealed.
13
14
Subs. for words West Pakistan by Ord. XXII of 1978, w.e.f. 05-06-1974.
Subs. for words West Pakistan by Ord. XXII of 1978, w.e.f. 05-06-1974.
