Part 8: The Services of Pakistan

Part 8: The Services of Pakistan

Chapter 1. Terms and conditions of service, etc.
Chapter 2. The public service commissions

Chapter 1. Terms and conditions of service, etc.

Article 174

Subject to this Constitution, the appointment of persons to, and the terms and conditions of service of persons in, the service of Pakistan may be regulated by law.

Article 175

(1) A person who is not a citizen of Pakistan shall not, except as provided in clause (2) of this Article, be eligible to hold any office in the service of Pakistan.

(2) A person who, immediately before the commencing day, was in the service of Pakistan shall not be disqualified form continuing in the service of Pakistan by reason only that he is not a citizen of Pakistan.

Article 176

Subject to this Constitution-

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

(b) a person who is a member of a civil service of a Province, or who, except as a member of an All-Pakistan Service, holds a civil post in connection with the affairs of a Province, shall hold office during the pleasure of the Governor of the Province.

Article 177

(1) Subject to this Constitution, a person who is a member of an All-Pakistan Service or of a civil service of the Centre or of a Province, or who holds a civil post in connection with the affairs of the Centre or of a Province-

(a) shall not be dismissed or removed form service, or reduced in rank, by an authority subordinate to that by which he was appointed unless that subordinate authority has been expressly empowered to do so by an authority not so subordinate; and

(b) subject to clause (2) of this Article, shall not be dismissed or removed from service, or be reduced in rank, unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken with respect to him.

(2) Paragraph (b) of clause (1) of this Article 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, entailing imprisonment, on a criminal charge; or

(b) where an authority empowered to dismiss or remove a person from srvice, or to reduce a person in rank, considers that, in the circumstances of the case, it is not practicable to give to the person an opportunity of showing cause or that it would be prejudicial to the security of Pakistan for the person to be given such an opportunity.

Article 178

(1) Subject to this Constitution and law -

(a) appointments to an All-Pakistan Service or to a civil service of the Centre, or to a civil post in connection with the affairs of the Centre, shall be made by the President or a person authorized by the President in that behalf; and

(b) appointments to a civil service of a Province, or to a civil post in connection with the affairs of a Province, shall be made by the Governor of the Province or a person authorized by the Governor in that behalf.

(2) Subject to this Constitution and law, the terms and conditions of service of persons serving in a civil capacity in the service of Pakistan (other than persons whose terms and conditions of service are specified in this Constitution) shall be as prescribed-

(a) in the case of a person who is a member of an All-Pakistan Service or who is serving in connection with the affairs of the Centre- by rules made by the President or by a person authorized by the President in that behalf; and

(b) in the case of a person (not being a member of an All-Pakistan Service) who is serving in connection with the affairs of a Province- by rules made by the Governor of the Province or by a person authorized by the Governor in that behalf.

(3) Rules made for the purposes of clause (2) of this Article shall be so framed as to ensure-

(a) that the terms and conditions of service of a person (in so far those terms and conditions relate to remuneration or age fixed for superannuation) are not varied to his disadvantage; and

(b) that where an order is made which-

(i) punishes or formally censures a person;

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

(iii) terminates the employment of a person otherwise than upon his reaching the age fixed for suprannuation,

he shall, except where the order is made by the President or a Governor, have at least one appeal against the order and, where the order is made by the President or a Governor, he shall have the right to apply to the "President or the Governor for a review of the order.

Article 179

(1) Subject to this Constitution and law, the President, in relation to the affairs of the Centre, and the Governor of a Province, in relation to the affairs of a Province, may authorize the employment of persons in the service of Pakistan and may make rules for regulating such temporary employment.

(2) The preceding Articles of this Chapter (other than Article 174) do not apply to or in relation to the temporary employment of persons in the service of Pakistan.

Chapter 2. The public service commissions

Article 180

There shall be a Central Public Service Commission for the Centre, and a Provincial Public Service Commission for each Province.

Article 181

In the case of the Central Public Service Commission, the President, and in the case of a Provincial Public Service Commission, the Governor of the Province concerned, may by Order determine-

(a) the number of members of the Commission; and

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

This Article shall, during a period of five years with effect from the 8th day of June, 1962, have effect subject to modification made by President's Order No. 37 of 1962, Article 2. The modificed Articles reads as follows:-

Article 181

In the case of the Central Public Service Commission, the President, and in the case of a Provincial Public Service Commission, the Governor of the Province concerned, may by Order determine-

(a) the number of members of the Commission including its Chairman; and

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

Article 182

(1) The membrs of the Central Public Service Commission shall be appointed by the President, and the members of a Provincial public Service Commission shall be appointed by the Governor of the Province concerned.

Clauses (1) and (2) of this Article shall, during a period of five years with effect from the 8th day of June, 1962, have effect subject to certain modifications made by President's Order No. 37 of 1962, Article 2. The modified clauses read as follows :-

(1) The Chairman and other membrs of the Central Public Service Commission shall be appointed by the President, and the Chairman and other members of a Provincial Public Service Commission shall be appointed by the Governor of the Province concerned.

(2) The terms and conditions of service of the Chairman and other members of the Central Public Service Commission shall be determined by Act of the Central Legislature or, until so determined, by the President, and the terms and conditions of service of the Chair-roan and other members of a Provincial Public Service Commission shall be determined by Act of the Legislature of the Province concerned or, until so determined, by the Governor of the Province."

(2) The trms and conditions of service of a member of the Central Public Service Commission shall be determined by Act of the Central Legislature or, until so determined, by the President, and the terms and conditions of service of a member of a Provincial Public Service Commission shall be determined by Act of the Legislature of the Province concerned or, until so determined, by the Governor of the Province.

(3) Not less than one-half of the members of a Commission shall be persons who are at the time of appointment, or who have been at some time before appointment, in the service of Pakistan.,

(4) Where a person appointed as member of a Commission was, immediately before his appointment, in the service of Pakistan, his rights as a person in the service of Pakistan shall not, subject to his appointment and service as such a member, be affected.

Article 183

(1) Before entering upon his office, a member of a Commission shall Oath of Office, make an oath in such form set out in the First Schedule as is applicable to his office.

(2) The oath shall be made-

(a) in the case of a member of the Central Public Service Commission-before the Chief Justice of the Supreme Court ;and

(b) in the case of a member of a Provincial Public Service Commission-before the Chief Justice of the High Court of the Province concerned.

Article 184

(1) A member of a Commission shall, subject to this Article, hold Term of Office, office for a term of three years from the date on which he enters upon his office.

(2) A member of a Commission shall not be removed from office except in the manner prescribed in clauses (5) and (6) of Article 128 for the removal from office of a Judge, and in the application of those clause s for the purposes of this clause, any refereence in those clauses to a Judge shall be read as a reference to a member of the Commission.

(3) A member of a Commission may resign his office by writing under his hand addressed-

(a) in the case of the Central Public Service Commission-to the president; and

(b) in the case of Provincial public Service Commission-to the Governor of the Province concerned.

Article 185

(1) The functions of the Central Public Service Cornmission shall be-

(a) to conduct tests and examinations for the selection of suitable persons for appointment to the All-Pakistan Services, the civil services of the Centre and civil posts connected with the affairs of the Centre;

(b) to advise the President on any matter on which the Commission is consulted under clause (2) of this Article or which is referred to the Commission by the President; and

(c) such other functions as may be prescribed by law.

(2) Except to the extent that the President, after consulting the Commission, may provide otherwise by Order, the President shall, in relation to the All-Pakistan Services, the civil services of the Centre and civil posts connected with the affairs of the Centre, consult the Central Public Service Commission with respect to-

(a) matters relating to qualifications for, and methods of recruitment to, services and posts;

(b) the principles on which appointments and promotions should be made;

(c) the principles on which persons belonging to one service should be transferred to another;

(d) matters affecting terms and conditions of service and proposals adversely affecting pension rights; and

(e) disciplinary matters.

Article 186

(1) The functions of a Provincial Public Service Commission shall be -

(a) to conduct tests and examinations for the selection of suitable persons for appointment to the civil services of the Province concerned and civil posts connected with the affairs of the Province;

(b) to advise the Governor of the Province on any matter on which the Commission is consulted under clause (2) of this Article or which is referred to the Commission by the Governor; and

(c) such other functions as may be prescribed by law.

(2) Except to the extent that the Governor of a Province, after consulting the Public Service Commission of the Province, may provide otherwise by Order, the Governor shall, in relation to the civil services of the Province and civil posts connected with the affairs of the Province, consult the Commission with respect to-

(a) matters relating to qualifications for, and methods or recruitment to, services and posts;

(b) the principles on which appointments and promotions should be made;

(c) the principles on which persons belonging to one service should be transferred to another;

(d) matters affecting terms and conditions of service and proposals adversely affecting pension rights; and

(e) disciplinary matters.

Article 187

The Governor of a Province may, with the approval of the President, refer to the Central Public Service Commission a matter relating to the services of the Province or posts connected with the affairs of the Province.

Article 188

Where the President or a Governor does not accept the advice of a Commission, he shall inform the Commission accordingly.

Article 189

(1) Each Commission shall, not later than the fifteenth day of Annual Report. Jannuary in each year, prepare a report on its activities during the year ending on the previous thirty-first day of December and submit the report-

(a) in the case of the Central Public Service Commission-to the President; and

(b) in the case of the Public Service Commission of a Province- to the Governor of the Province.

(2) The report shall be accompanied by a memorandum setting out, so far as is known to the Commission-

(a) the cases, if any, in which its advice was not accepted, and the reasons why the advice was not accepted ;and

(b) the cases where the Commission ought to have been consulted but was not consulted, and the reasons why it was not consulted.

(3) The President or the Governor, as the case may be, shall cause the report and memorandum to be laid before the National Assembly or the Provincial Assembly, as the case requires, at the first meeting of the Assembly held after the thirty-first day of January in the year in which the report was submitted.

Article 190

In this Chapter, "Commission" means the Central Public Service Commission or a Provincial Public Service Commission.

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

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