Constitution of 1956

Part 10: Services

This part of the constitution dealt with the rules and regulations governing the services in Pakistan.

Part 10: Services

Chapter 1: Services

Article 179

(1) No person who is not a citizen of Pakistan shall be eligible to hold any office in the service of Pakistan:

Provided that the President, or in relation to a Province, the Governor, may authorize the temporary employment of a person who is not a citizen of Pakistan:

Provided further that a person who is, immediately before the Constitution Day, a servant of the Crown in Pakistan shall not be disqualified from holding any office in the service of Pakistan on the ground only that he is not a citizen of Pakistan.

(2) Except as expressly provided by the Constitution, the appointment of persons in the service of Pakistan may be regulated by Act of the appropriate legislature.

Except as expressly provided by the Constitution-

(a) every person who is a member of a defence service, or of a civil service of the Federation, or of an All Pakistan Service, or holds any post connected with defence, or a civil post in connection with the affairs of the Federation, shall hold office during the pleasure of the President, and

(b) every person who is a member of a civil service of a Province or holds any civil post in connection with the affairs of a Province, other than a person mentioned in paragraph (a) of this article, shall hold office during the pleasure of the Government.

Article 181

(1) No person who is a member of a civil service of the Federation or of a Province or of an All-Pakistan Service, or holds a civil post in connection with the affairs of the Federation, or of a Province, shall be dismissed or removed from service, or reduced in rank, by an authority subordinate to that by which he was appointed.

(2) No such person as aforesaid shall be dismissed or removed from service, or reduced in rank, until he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him:

Provided that this clause shall not apply-

(a) where a person is dismissed or removed from service or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or

(b) where an authority empowered to dismiss or remove from service a person, or to reduce him in rank, is satisfied that for some reason, to be recorded by that authority, it is not reasonably practicable to give that person an opportunity of showing cause; or

(c) where the President or the Governor, as the case may be, is satisfied, for reasons to be recorded by him, that in the interest of the security of Pakistan or any part thereof, it is not expedient to give to that person such an opportunity.

Article 182

(1) Except as expressly provided by the Constitution or an Act of the appropriate legislature, appointments to service, the civil services of, and civil post in the service of, Pakistan shall be made -

(a) in the case of services of the Federation and posts in connection with the affairs of the Federation, by the President or such person as he may direct;

(b) in the case of services of a Province and posts in connection with the affairs of a Province, by the Governor of the Province, or such person as he may direct.

(2) Except as expressly provided by the Constitution, or an Act of the appropriate legislature, the conditions of service of persons serving in a civil capacity shall, subject to the provision of this Article, be such as may be prescribed -

(a) in the case of persons serving in connection with the affairs of the Federation, by rules made by the President, or by some person authorized by the President to make rules for the purpose;

(b) in the case of persons serving in connection with the affairs of a Province, by rules made by the Governor of the Province, or by some person authorized by the Governor to make rules for the purpose:

Provided that it shall not be necessary to make rules regulating the conditions of service of persons employed temporarily on the constitution that their employment may be terminated on one month's notice or less; and nothing in this clause shall be construed as requiring the rules regulating the conditions of service of any class of persons to extend to any matter which appears to the rule-making authority to be a matter not suitable for regulation by rule in the case of that class:

Provided further that no such Act as is referred to in this clause shall contain anything inconsistent with the provisions of clause(3).

(3) The rules under clause (2) shall be so framed as to secure-

(a) that the tenure and conditions of service of any person to whom this Article applies shall not be varied to his disadvantage; and (b) that every such person shall have at least one appeal against any order which-

(i) punishes or formally censures him; or

(ii) alters or interprets to his disadvantage any rule affecting his conditions of service; or

(iii) terminates his employment otherwise than upon his reaching the age fixed for superannuation:

Provided that when any such order is the order of the President or the Governor, the person affected shall have no right of appeal, abut may apply for review of that order.

Article 183

(1) In the Constitution "All-Pakistan Services" means the services common to the Federation and the provinces which were the All-Pakistan Services immediately before the Constitution Day.

(2) Parliament shall have exclusive power to make laws with respect to the All-Pakistan Services.

(3) Articles 182 and 188 shall apply to the All-Pakistan Services as they apply to Services of the Federation.

(4) No member of an All-Pakistan Service shall be transferred to a Province to serve in connection with the affairs of that Province, or be transferred from that Province, except by order of the President made after consultation with the Governor of that Province.

(5) While a member of an All-Pakistan Service is serving in connection with the affairs of a Province, his promotion and transfer within that Province, and the initiation of any disciplinary proceedings against him in relation to his conduct in that Province, shall take place by order of the Governor of that Province.

Chapter 2: Public Service Commissions

Article 184

(1) Subject to the provisions of this article, there shall be a Public Service Commission for the Federation, and a Public Service Commission for each Province.

(2) The Public Service Commission for the Federation, if requested so to do by the Governor of a Province, may with the approval of the President exercise all or any of the functions of the Public Service Commission of the Province.

(3) Where the Federal Public Service Commission is exercising the functions of a Provincial Public Service Commission in respect of any matter, references in the Constitution or in any Act to the Provincial Public Service Commission shall, unless the context otherwise requires, be construed, in relation to that matter, as references to the Federal Public Service Commission.

Article 185

In the case of the Federal Public Service Commission Public Service President, and in the case of a Provincial Public Service Commission the Governor, may by regulations determine

(a) the number of members of the Commission and their conditions of service; and

(b) the number of members of the staff of the Commission and their conditions of service.

Article 186

(1) The Chairman and other members of a Public Service Commission shall be appointed, in the case of the Public Service Commission by the President in his discretion, Provincial Public Service Commission by the Governor of the Province in his discretion.

(2) Not less than one half of the members of a Public Service Commission shall be persons who have held office in the service of Pakistan for not less than fifteen years.

Explanations: For the purposes of this Article the service of Pakistan shall be deemed to include the service of the Crown in British India, and the service of the Crown in Pakistan before the Constitution Day.

(3) The term of office of the Chairman and other members of the Provincial Public Service Commission shall be five years.

(4) Any member of a Public Service Commission may resign his office by writing under his hand addressed, in the case of the Federal Public Service Commission to the President, and in the case of a Provincial Public Service Commission to the Governor.

(5) On ceasing to hold office-

(a) the Chairman of the Federal Public Service Commission shall not be eligible for further employment in the service of Pakistan

(b) the Chairman of a Provincial Public Service Commission shall be eligible for appointment as Chairman or other member of the Federal Public Service Commission, or as Chairman of another Provincial Public Service Commission, but shall not be eligible for any other employment in the service of Pakistan ; and

(c) a member of a Public Service Commission, other than the Chairman thereof, shall be eligible for appointment as Chairman or other member of any Public Service Commission other than that on which he has already served, but shall not be eligible for any other employment in the service of Pakistan.

Provided that a person who is a member of a Public Service Commission may be appointed as Chairman of that Commission for the un-expired term of his office.

Article 187

(1) A member of a Public Service Commission shall Removal of the not be removed from office except on the ground of misbehaviour or infirmity of mind or body.

(2) A member of the Federal Public Service Commission shall not be removed from office except in the manner applicable to a Judge of a High Court.

(3) A member of a Provincial Public Service Commission shall not be removed from office except by an order of the Governor of the Province made in a case where the Supreme Court, on reference having been made to it by the Governor, has reported that the member ought to be removed on a ground such as is mentioned in clause(l).

Article 188

(1) It shall be the duty of the Federal Public Service Commission and a Provincial Public Service Commission to conduct examinations for appointment to the services and posts connected with the affairs of the Federation, or the Province, as the case may be.

(2) The President, in respect of services and posts in connection with affairs of the Federation, and the Governor of a Province, in respect of services and posts in connection with the affairs of the Province, may make regulations specifying the matters in which generally or in any particular class of case, or in any particular circumstances, it shall not be necessary for a Public Service Commission to be consulted; but, subject to such regulations, the appropriate Public Service Commission shall be consulted-

(a) on all matters relating to methods of recruitment to civil services and posts, and qualifications of candidates for such services and posts;

(b) on the principles to be followed in making appointments to civil services and posts and in making promotions and transfers from one service to another, and on the suitability of candidates for such appointments, promotions or transfers;

(c) on all disciplinary matters affecting a person in the service of the Federal or a Provincial Government in a civil capacity, including compulsory retirement whether for disciplinary reasons or otherwise, and memorials or petitions relating to such matters;

(d) on any claim by or in respect of a person who is serving or has served under the Federal or a Provincial Government in a civil capacity that any costs incurred by him in defending any legal proceedings instituted against him in respect of acts done or purported to be done in the execution of his duty should be paid out of the Federal Consolidated Fund or the Provincial Consolidated Fund, as the case may be;

(e) on any proposal to withhold a special or additional pension or to reduce an ordinary pension ; and

(f) on any claim for the award of a pension or allowance in respect of injuries sustained while serving under the Federal or a Provincial Government in a civil capacity, and any question as to the amount of any such award; and it shall be the duty of the Public Service Commission to advise on any matter so referred to them, and on any other matter which the President or the Governor, as the case may be, may refer to the Commission.

(3) Where under the Constitution or any law, rules are made for regulating the appointment or, conditions of service of persons in the service of Pakistan, but not under the control of the Federal Government or a Provincial Government, such rules may provide for consultation with the appropriate Public Service Commission; and, subject to any express provision of the Constitution or of the said law, clause (2) shall apply mutates mutants.

Article 189

An Act of Parliament may provide for the exercise of additional functions by the Federal Public Service Commission, and an Act of a Provincial Legislature may provide for the exercise of additional functions by the Provincial Public Service Commission.

Article 190

(1) It shall be the duty of the Federal Public Service Commission to present to the President annually, a report on the work done by the Commission, and the President shall cause a copy of the report to be laid before the National Assembly; and it shall be the duty of each Provincial Public Service 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.

(2) The report shall be accompanied by a memorandum setting out-

(a) the cases, if any, in which the advice of the Commission was not accepted and the reasons therefor;

(b) the matters, if any, on which the Commission ought to have been consulted, but was not consulted, and the reasons therefor.

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Source: Documents and Speeches on the Constitution of Pakistan
By G. W. Choudhury (1967). Green Book House, Dacca (East Pakistan)

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