PART II

Statutory Notifications (S.R.O.)

GOVERNMENT OF PAKISTAN

LAW AND JUSTICE COMMISSION OF PAKISTAN

Rawalpindi, the 19th February, 1992

 

 

S.R.O. 178(1)/92.—In exercise of the powers conferred  by section 9 of the Law and Justice Commission of Pakistan Ordinance 1979 (Ordinance XIV of 1979), the Law and Justice Commission of Pakistan makes the following Rules regarding the terms and conditions of service of employees serving in the Secretariat of Law and Justice Commission of Pakistan, namely:--

 

RULES

 

1.         Short title and commencement.-(1)  These Rules may be called the

                     Law and Justice Commission of Pakistan Employees[1]  (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 [2] .-

 

            (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 Law and Justice Commission 

                       of Pakistan.

 

            (iii)     “Commission” means, the Law and Justice Commission of Pakistan

                        established under section 3 of the Law and Justice Commission of

                        Pakistan (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 Law and Justice Commission 

                        of Pakistan.

 

            (vi)      “Ordinance” means Law and Justice Commission of Pakistan  

                        Ordinance 1979 (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 Law and Justice Commission of 

              Pakistan. The establishment of the Secretariat of Law and Justice 

              Commission of Pakistan 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[3] 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 and

                 Justice Commission of Pakistan 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[4].

 

10.           Interpretation.-Any question relating to the interpretation of these

                 rules shall be decided by the Chairman.

 

11.           Repeal.- 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)

 

 

 

S.No. Name of Post Status and Pay scale    Mode of Appointment, Qualification/

Conditions.

 

OFFICERS OF THE COMMISSION

 

1.  Secretary

BPS-21. The same status and pay scale 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 Officers 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 officers 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 [5].

 

 

 

(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 [6].

 

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 [7].

 

 

(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[8].

 

(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[9].

 

 

 

(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 Secretariat of 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.

 

5A.Computer     Programmer

BPS-17. The same status and pay scale as may be prescribed by the federal Government from time to time. 

Appointment to the post shall be made by the Chairman in his discretion from amongst the persons having.-

(i) Second Class or "C" grade Master degree in Computer Science; or 

(ii) L.L.B. degree with one year diploma in Computer Science from a recognized institution .

 

(Maximum age for initial appointment shall be 30 years)

5B.Computer Operator

BPS-16. The same status and pay scale as may be prescribed by the federal Government from time to time.  

Appointment shall be made by the Chairman in his discretion from amongst the persons having.-

(i) L.L.B. degree with sufficient experience in Computer operation and data processing; or

(ii) Second Class or "C" grade Bachelor's degree in Computer Science  

 

(Maximum age for initial appointment shall be 28 years)

 

6. Librarian

BPS-17

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.

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.

 


                                                                       

 

                       

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.[10]

 

                                                                                   

 

                                                                        MUHAMMAD AFZAL ZULLAH,

                                                                                                Chairman

 

 

By order of the Law and Justice Commission of Pakistan

 

                                    MUHAMMAD ZAKA ULLAH,

Secretary


 

 



[1]           Added vide SRO 339(1)/94 dt. 26-4-1994

[2]           Sub. The word “requires” vide SRO 339(1)/94 dt. 26-4-1994

[3]           Omitted the word “alone” after the word “Chairman” vide SRO (1)/94 dt. 26-4-1994

[4]           Omitted the word “public service” and added the word “Commission” after the word

               “interest of” vide SRO 339(1)/94 dt. 26-4-1994

[5]           Added by SRO 339(1)/94 dt. 26-4-1994

[6]           Omitted the word “on regular basis” after the word “BPS-20” by SRO 339(1)/99

                dt 26-4-1994

[7]           Added by SRO 339 (1)/94 dt. 26-4-1994

[8]           Omitted the word “on regular basis” after the word BPS-19 vide SRO 339(1)/94

                dt. 26.4.1994

[9]           Added vide SRO 339(1)/94 dt. 26-4-1994

[10]         Omitted the word “respectively” after the word “25 years” vide SRO 339(1)/94

                dt. 26-4-1994