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  "title": "PUNJAB PUBLIC SERVICE COMMISSION ORDINANCE, 1978",
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  "text": "THE PUNJAB PUBLIC SERVICE COMMISSION \r\nORDINANCE, 1978 \r\n(II of 1978) \r\nCONTENTS \r\n1. Short title and commencement \r\n2. Definitions \r\n3. Composition of Commission etc. \r\n4. Terms of Office  \r\n4-A. Oath of office \r\n5. Removal from office  \r\n6. Omitted \r\n7. Functions of Commission \r\n8. Commission to be informed when its advice is not accepted  \r\n9. Report of Commission \r\n10. Rules and Regulations  \r\n11. Repeal \r\nSCHEDULE \r\n  \r\nTEXT \r\n1\r\nTHE PUNJAB PUBLIC SERVICE COMMISSION ORDINANCE, 1978 \r\n(II of 1978) \r\n[18th January, 1978] \r\nAn \r\nOrdinance \r\nto repeal and, with certain modifications, re-enact the Punjab Public Service \r\nCommission Act, 1974. \r\nPreamble.– WHEREAS it is expedient to repeal and, with certain modifications, \r\nre-enact the Punjab Public Service Commission Act, 1974; \r\n AND WHEREAS the Governor of the Punjab is satis fied that circumstances \r\nexist which render it necessary to take immediate action; \r\n NOW, THEREFORE, in pursuance of the proclamation of the fifth day of July, \r\n1977, read with the Laws (Conti nuance in force) Order , 1977 (CMLA Order No. 1 of \r\n1977), the Governor of the Punjab is pleased to make and promulgate the follow ing \r\nOrdinance:– \r\n1. Short title and commencement.– (1) This Ordinance may be called the \r\nPunjab Public Service Commission Ordinance, 1978. \r\n(2) It shall come into force at once. \r\n2. Definitions.– In this Ordinance, unless t here is anything repu gnant in the \r\nsubject or context, \r\n(a) \"Commission\" means the Punjab Public Service Commission; \r\n(b) \"Member\" means a member of the Commission  and i ncludes the \r\nChairman thereof; and \r\n(c) \"Service of Pakistan \" means the Service of Pakistan as defined in the \r\nConstitution of the Islamic Republic of Pakistan. \r\n2\r\n[3. Composition of the Commission etc. – (1) There shall be  a Commission \r\nconsisting of a Chairman and such number of members as the Governor may \r\ndetermine. \r\n (2) The Governor shall appoint the Chairman and the members of the \r\nCommission but no person who is sixty -five years of age or above and no serving \r\nGovernment servant shall be so appointed. \r\n (3) The Government shall determine the terms and conditions of the service of \r\nthe members but the Government shall not, during the term of office of a member, vary \r\nsalary, allowances and privileges to the disadvantage of the member. \r\n                                                           \r\n1This Ordinance was promulgated by the Governor of the  Punjab on 17th January, 1978; and, published in the Punjab Gazette \r\n(Extraordinary), dated 18th January, 1978, pages 47-51. \r\n2Section 3 is substituted by the Punjab Public Service Commission (Amendment) Act, 2012 (XXX of 2012); and published in the \r\nPunjab Gazette (Extraordinary), dated 11.2.2012, pages 40191-40192, s.2 \r\n 3 \r\n (4) The Commission shall have– \r\n(a) not less than one -half of the members who have held office in the \r\nservice of Pakistan in basic scale 21 or above; \r\n(b) at least one member each from– \r\n(i) retired judges of the superior judiciary; \r\n(ii) retired officers not below the rank of Major General or equivalent \r\nof the Armed Forces; \r\n3\r\n[(iii) women from public or private sector possessing such \r\nqualification and experience as the Government may, by rules, \r\nprescribe; and] \r\n(iv) retired professionals in basic scale 20 or above of the Government \r\nwith not less than fifteen years experience in the field of \r\nengineering, agriculture, education, medicine or dentistry, \r\nforensics, environment, information technology, law or any other \r\nprofessional field. \r\n (5) No proceedings or act of the Commission shall be invalid merely on the \r\nground of existence of any vacancy or defect in the constitution of the Commission.] \r\n4\r\n[4. Term of office. – \r\n5\r\n[(1) A member shall be appointed for a term of three years \r\nand shall not be eligible for rea ppointment but a member may be appointed as the \r\nChairman for the residual period of the term; provided that the residual period of the \r\nmember is not less than six months.] \r\n (2) Notwithstanding anything contained in sub -section (1), a member shall \r\ncease to hold office on completion of his term or on attaining the age of sixty -five \r\nyears, whichever is earlier. \r\n (3) A member may resign his office by writing under his hand addressed to \r\nthe Governor.] \r\n6\r\n[4.A. Oath of office .– Before entering upon the office the C hairman and members \r\nshall make oath in the form set out in the Schedule to this Ordinance before the \r\nGovernor in case of Chairman and before the Chairman in case of a member.] \r\n5. Removal from Office.– (1) A member shall not be removed from office during \r\nthe term of his office except in the manner hereinafter provided.  \r\n(2) If, the Governor is of the opinion that a member- \r\n(a) may have been guilty of misconduct; or \r\n                                                           \r\n3Substituted by the Punjab Public Service Commission (Amendment) Act, 2013 ( XIII of 2013 ); and published in the Punjab \r\nGazette (Extraordinary), dated 14.1.2013, pages 2037-2038, s.2. \r\n4Section 4 is substituted by the Punjab Public Service Commission (Amendment) Act, 2012 (XXX of 2012); and published in the \r\nPunjab Gazette (Extraordinary), dated 11.2.2012, pages 40191-40192, s.3 \r\n5Substituted by the Punjab Public Service Commission (Amendment) Act, 2013 ( XIII of 2013 ); and published in the Punjab \r\nGazette (Extraordinary), dated 11.2.2012, pages 40191-40192, s.3. \r\n6Inserted by the Punjab Public Service Commission (First Amendment) Ordinance, 2002 (LXXXI of 2002) ; and published in the \r\nPunjab Gazette (Extraordinary), dated 22.11.2002, pages 3243 -3245, s.4 . Under Article 5A of the Provisional Constitution \r\nOrder 1999 (I of 1999), as amended, read with Article 270AA of the Constitution of the Islamic Republic of Pakistan, 1973, it  \r\nshall not be subject to any limitation as to duration prescribed in the Constitution. \r\n  \r\n(b) may be incapable of properly performing the dut ies of his office by \r\nreason for physical or mental incapacity;  \r\nthe Governor shall appoint a Judge of the High Court to inquire into the \r\nmatter. \r\n(3) If, after inquiring into the matter the Judge reports to the Governor that \r\nhe is of the opinion that the me mber has been guilty of misconduct or is incapable of \r\nperforming the duties of his office, the Governor may remove the member from \r\noffice. \r\n7\r\n[6. Ineligibility for further employment.– * * * * * * *   ] \r\n8\r\n[7. Functions of Commission.– The functions of the Commission shall be:– \r\n(a) to conduct tests and examinations for recruitment to– \r\n(i) such Provincial Services and posts connected with the affairs of \r\nthe Province, as may be prescribed; and \r\n(ii) such posts in or under a Corporation or other body or \r\norganization set up by Government under any law, as may be \r\nprescribed; \r\n(b) to advise the Government on such matters as may be prescribed , \r\nrelating to the terms and  conditions of service of persons who are \r\nmembers of a Provincial Service or hold posts in connection with the \r\naffairs of the Province; and \r\n(c) such other functions as may be prescribed.] \r\n8. Commission to be informed when its advice is not accepted .– Where the \r\nGovernor does not accept the advice of the Commission  he shall inform the \r\nCommission accordingly. \r\n9. Report of Commission.– (1) The Commission shall, not later than 15th day of \r\nFebruary in each year, prepare report as to the work done by it during the preceding \r\nyear ending on the 31st day of December and submit the report to the Governor. \r\n(2) The report shall be accompanied by a state ment setting out, so far as \r\nknown to the Commission– \r\n(a) the cases, if any, in which the advice of the Commission  was not \r\naccepted and the reasons therefore; and  \r\n(b) the matters, if any, on which the Commission  ought to have been \r\nconsulted but was not consulted and the reasons therefore. \r\n(3) the Governor shall cause a copy of the report to be laid before the \r\nProvincial Assembly. \r\n10. Rules \r\n9\r\n[and Regulations ].– (1) The Government may, by notification in the \r\nofficial gazette, make rules for carrying out the purpose of this Ordinance. \r\n                                                           \r\n7Section 6 is omitted by the Punjab Public Service Commission (Amendment) Act, 2012 (XXX of 2012) ; and published in the \r\nPunjab Gazette (Extraordinary), dated 11.2.2012, pages 40191-40192, s.4 \r\n8Substituted by the Punjab Public Service Commi ssion (Amendment) Ordinance, 1978 (XVIII of 1978); and published in the \r\nPunjab Gazette (Extraordinary), dated 22.8.1978, pages 1157-A to 1157-B, s.3 \r\n 5 \r\n10\r\n[(2) Subject to the provisions of this Ordinance and the rules the \r\nCommission may make regulations for carrying out the purposes of this Ordinance \r\nand the rules.] \r\n11. Repeal.– The Public Service Commission  Act, 1974 (1 of 1974) is hereby \r\nrepealed. \r\n                                                                                                                                                                                     \r\n9Inserted by the Punjab Public Service Commission (Amendment) Ordinance, 1985 (XXXII of 1985), dated 27.2.1 985, pages \r\n753-G to 753-H, s.2. \r\n10Inserted ibid. \r\n  \r\n11\r\n[SCHEDULE \r\n(See section 4-A) \r\n I,             do \r\nsolemnly swear that I will bear true faith and allegiance to Pakistan. \r\n That, as a Chairman (or Member) of the Punjab Public Service Commiss ion I \r\nwill discharge my duties , and perform any  functions, honestly, to the best of my \r\nability and faithfully in accordance with the Constitution of the Islamic Republic of \r\nPakistan and the law, and always in the intere st of the solidarity, integrity, well being \r\nand prosperity of Pakistan. \r\n That, I will not allow my personal interest to influence my official conduct or \r\nmy official decisions and that in the performance of my functions, whether in the \r\nselection of persons for recruitment or appointment or in any other way, I will act \r\nwithout fear or favour, affection of ill will. \r\n May Allah Almighty help and guide me (A’meen).] \r\n                                                           \r\n11Inserted by the Punjab Public Service Commission (First Amendment) Ordinance, 2002 (LXXXI of 2002); and published in the \r\nPunjab Gazette (Extraordinary), dated 22.11.2002, pages 3243 -3245, s.4.  Under Article 5A of the Provisional Constitution \r\nOrder 1999 (I of 1999), as amended, read with Article 270AA of the Constitution of the Islamic Republic of Pakistan, 1973, it  \r\nshall not be subject to any limitation as to duration prescribed in the Constitution.",
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