N.-W.F.P. Public Service Commission Act 1973

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ACT XIX OF 1973

NORTH‑WEST FRONTIER PROVINCE PUBLIC

SERVICE COMMISSION ACT, 1973

An Act to provide for the establishment of a Public Service Commission for the North‑West FrontierProvince

[Gazette of N: W. F. P., Extraordinary, 12th November 1973]

No. Legis. 1 (20)/73.‑The following Act of the Provincial Assembly of ‑the North‑West Frontier Province. having been assented to by the Governor of the North‑West Frontier Province, on the 11th November 1973, is hereby published for general information :‑

Preamble.‑Whereas Article 242 of the Constitution of the Islamic Republic of Pakistan provides that the Public Service Commission may be established and constituted by law ;

And whereas it is expedient to establish a Public Service Commission for the North‑West Frontier Province and to provide for matters ancillary thereto ;

It is hereby enacted as follows ;‑‑

1. Short title and commencement.‑(1) ThisAct may be called the North‑West Province Public Service Commission Act, 1973.

(2) It shall come into force at once.

  1. Definitions.‑In thisAct, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say‑

(a) "Commission" means the North‑West Frontier Province Public Service Commission ;

(b) "Government" means the Government of the North‑West Frontier Province ;

(c) "member" means member of the Commission and Includes the Chairman thereof ;

(d) "prescribed" means prescribed by rules made under this Act;

(e) "Province" means the Province of the North‑West Frontier.

  1. Composition of Commission.‑(1) There shall be a Commission for the Province to be called the North‑West Frontier Province Public Service Commission.

(2) The Commission shall consist of three members, one of whom shall be the Chairman, to be appointed by the Governor on such terms and .conditions as may be prescribed.

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

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

*4. Term of office.‑(I)*A member shall hold office for a term of three years from the date on which he enters upon his office, and shall be eligible for re‑appointment for such further period or periods as may, from time to time, be specified :

Provided that all such members who were holding office immediately before the commencement of the Constitution of the Islamic Republic of Pakistan, shall continue to hold office for the unexpired period of the term for which they were appointed.

(2) A member may resign his office by writing under his hand addressed to the Governor.

  1. Termination of appointment ofmember.‑Notwithstanding anything to the contrary contained in section 4, the Governor may, for reasons to be recorded, terminate the appointment of any member before the expiration of his term of office.

  2. Functions ofthe 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 Government on such matters as may be prescribed relating to the terms and conditions of service of persons who hold civil posts in connection with the affairs of the Province; and

(c) such other functions as may be prescribed.

  1. officers and servants of the Commission.‑Subject tosuch general or special orders as Government may from time to time give, the Commission may appoint such officers and servants as it considers necessary for the efficient performance of its functions, on such terms and conditions as it may determine.

  2. Validation.‑Anything done or any 'action taken or any advice given, after the repeal of the Interim Constitution of the Islamic Republic of Pakistan and before the commencement of this Act, by the Commission constituted under the said Constitution shall be deemed to have been done or taken or given in the exercise of the powers conferred by or under this Act, as if this Act were in force on the date on which such thing was done or such action was taken or such advice was given.

  3. Power to make rules.‑Government may make rules for the purposes of carrying into effect the provisions of this Act.

*10. Repeal.*The North‑West Frontier Province Public Service Commis sion ordinance, 1973 (N: W. F. P. Ordinance No. VII of 1973), is hereby repealed.

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