PUNJAB [SERVICE] TRIBUNALS ACT, 1974

Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: 419e034ac16a1305eca7047c28bf505dad6d4bfc49e3b60bc9c276883e19d2ff.

THE PUNJAB SERVICE TRIBUNALS ACT, 1974 
(IX of 1974) 
CONTENTS 
1. Short title, commencement and application 
2. Definitions 
3. Tribunals 
3-A. Constitution of Benches 
4. Appeals to Tribunals 
5. Powers of Tribunals 
6. Removal of the Chairman or a Member 
7. Financial of Powers 
8. Abatement of suits and other proceedings 
9. Applicability of the provisions of the Limitation Act, 1908 
10. [* * * * *] 
11. Rules 
12. [* * * * *] 
 
 
TEXT 
1
THE PUNJAB 
2
[SERVICE] TRIBUNALS ACT, 1974 
(IX of 1974) 
[20th June, 1974] 
An 
Act 
to provide for the establishment of 
3
[Service] Tribunals to exercise jurisdiction 
regarding matters relating to the terms and conditions of service in respect of 
services of the Province of the Punjab. 
Preamble.– WHEREAS it is expedient to provide for the establishment of  
4
 [Service] 
Tribunals to exercise exclusive jurisdiction regarding the matters relating to the terms 
and conditions of service in respect of the services of the Province of the Punjab and 
for matters connected therewith or ancillary thereto; 
It is hereby enacted as follows:– 
1. Short title,  commencement and application .– (1) This Act may be called 
the Punjab 
5
[Service] Tribunals Act, 1974. 
(2) It shall come into force at once. 
(3) It applies to all civil servants wherever they may be. 
2. Definitions.– In this Act, unless there is anything repugnant in the subject or 
context,– 
(a) “Chairman” means the Chairman of the Tribunal; 
(b) “civil servant” means a person who is or who has been a member of a 
civil service of the Province or holds or has held a civil post in 
connection with the affairs of the Province but does not include– 
(i) a person who is or who has been on deputation to the Province 
from the Federation or any other Province or authority; 
(ii) a person who is or has been employed on contract, or on work -
charged basis, or who is or has been paid from contingencies; 
or 
(iii) a person who is or has been a „worker‟ or „workman‟ as defined 
in t he Factories Act, 1934 (XXV of 1934) or the Workmen‟s 
Compensation Act, 1923 (VIII of 1923); 
                                                           
1This Act was passed by the Punjab Assembly on 5 th June, 1974; assented to by the Governor of the Punjab on 20 th June, 
1974; and, published in the Punjab Gazette (Extraordinary), dated 20th June, 1974 (pages 865 to 880). 
2Substituted for the word “Administrative” by the Punjab Administrative Tribunals (Amendment) Act, 1975 (XXVI of 1975) ; and 
published in the Punjab Gazette (Extraordinary), dated 31.3.1975, pages 237-O to 237-R, s.2. 
3Ibid 
4Ibid 
5Ibid 
 
(c) “Government” means the Government of the Punjab; 
(d) “Governor” means the Governor of the Punjab; 
(e) “Member” means the Member of the Tribunal; 
(f) “Registrar” means the Registrar of a Tribunal and includes any other 
person authorised by a Tribunal to perform the functions and duties of 
the Registrar; and 
(g) “Tribunal” means a 
6
[Service] Tribunal established by this Act, or a 
Bench thereof. 
7
[3. Tribunals.– (1) The Governor may, by notification in the official Gazette, 
establish one or more Service Tribunals and, where there are established more than 
one Tribunals, the Governor shall specify in the notification the class or classes of 
civil servants in respect of whom all the territorial limits within which or the class or 
classes of cases in respect of which, each such Tribunal shall exercise jurisdiction 
under this Act. 
(2) A Tribunal shall have exclusive jurisdiction in respect of matters 
relating to the term s and conditions of service of civil servants, including disciplinary 
matters. 
8
[(3) A Tribunal shall consist of– 
(a) the Chairman, being a person who has been or is qualified to be a 
Judge of the High Court and is not more than sixty three years of age 
on the date of appointment; and 
(b) such number of Members as the Government may determine, and a 
Member shall be a person who is– 
(i) a District Judge; or 
(ii) in the service of Pakistan of the rank of Secretary to the 
Government (or equivalent) and who has  performed quasi -
judicial functions or functions relating to service matters of civil 
servants; or 
(iii) a person qualified for appointment as Judge of a High Court, in 
case the persons mentioned at (i) and (ii) above are not 
available. 
(4) Subject to this  section, the Governor shall, in consultation with the 
Chief Justice of Lahore High Court, in the manner mentioned hereinafter, appoint the 
Chairman and the Members on such terms and conditions as may be prescribed 
and, until so prescribed, as the Government may determine. 
(4a) In case of appointment of the Chairman, the Government shall send a 
panel of three persons to the Chief Justice of Lahore High Court and the Chief 
Justice shall recommend a person in the panel for appointment as Chairman. 
                                                           
6Ibid 
7Substituted by the Punjab Administrative Tribunals (Amendment) Act, 1975 (XXVI of 1975) ; and published in the Punjab 
Gazette (Extraordinary), dated 31.3.1975, pages 237-O to 237-R, s.3. 
8Substituted by the Punjab Service Tribunals (Amendment) Act 2013 (XVII of 2013) ; and published in the Punjab Gazette 
(Extraordinary), dated 21.8.2013, pages 595-597, s.2 (effective from 22nd July 2013). 
 
(4b) In the case of appointment of a Member– 
(i) for a position mentioned in section 3(b)(i), Chief Justice of Lahore High 
Court, on a requisition from the Government, shall send a panel of two 
District Judges to the Government and the Government shall select 
one of the names for appointment as Member; 
(ii) for a position mentioned in section 3(b)(ii), the Government shall send 
a panel of two persons to Chief Justice of Lahore High Court and the 
Chief Justice shall recommend a person in the panel for appointment 
as Member; and 
(iii) for a position mentioned in section 3(b)(iii), the Government shall send 
a panel of two persons to the Chief Justice of Lahore High Court and 
the Chief Justice shall recommend a person in the panel for 
appointment as Member.] 
(5) The Chairm an or a member of a Tribunal may resign his office by 
writing under his hand addressed to the Governor. 
(6) The Chairman or a member of a Tribunal shall not hold any other office 
of profit in the service of Pakistan if his remuneration is hereby increased. 
(7) Notwithstanding anything contained in sub -section (3), sub-section (4), 
sub-section (5), or sub -section (6), a Tribunal established to exercise jurisdiction in 
respect of a specified class or classes of cases, may consist of one or more persons 
in the service of Pakistan to be appointed by the Governor.] 
9
[3-A. Constitution of Benches .– 
10
[(1) Notwithstanding anything contained in 
section 3, the Chairman may constitute a Bench consisting of one or more Members 
including the Chairman but a Bench, other t han a Bench consisting of the Chairman, 
shall include at least one Member with legal or judicial experience and the Bench so 
constituted shall be deemed to be a Tribunal: 
Provided that where a single Member Bench is to be constituted, preference 
shall be given to the Member having legal or judicial experience.] 
 (2) If a Bench is unable to arrive at a unanimous decision in an appeal, the 
matter shall be placed before the full Tribunal and the decision of the Tribunal shall 
be expressed in terms of the opinion of the majority: 
Provided that if the Chairman or the member who was not already on the 
Bench cannot be associated or is unable for any reason to take part in the hearing of 
the appeal, the decision of the Tribunal shall be expressed in terms of the opi nion of 
the senior member of the Bench. 
(3) The Chairman may, at any stage of hearing of an appeal, withdraw it 
from the Tribunal and entrust it to a Bench or may withdraw any appeal pending 
before a Bench and make it over to another Bench or to the Tribunal.] 
                                                           
9Added by the Punjab Service Tribunals (Amen dment) Ordinance, 1980 (II of 1980); and published in the Punjab Gazette 
(Extraordinary), dated 19.2.1980, s.2  
10Substituted by the Punjab Service Tribunals (Amendment) Act 2013 (XVII of 2013) ; and published in the Punjab Gazette 
(Extraordinary), dated 21.8.2013, pages 595-597, s.3 ( effective from 22nd July 2013). 
 
11
[4. Appeals to Tribunals .– (1) Any civil servant aggrieved by any final order, 
whether original or appellate, made by a departmental authority in respect of any of 
the terms and conditions of his service may, within thirty days of the communication 
of such order to him or within six months of the establishment of the appropriate 
Tribunal, whichever is latter prefer an appeal to the Tribunal– 
Provided that– 
(a) where an appeal, review or representation to a departmental authority 
is provided under the Punjab Civil Servants Act, 1974, or any rules 
against any such order no appeal shall lie to a Tribunal unless the 
aggrieved civil servant has preferred an appeal or application for 
review or representation to such departmental authority and a period of 
ninety days has elapsed from the date on which such appeal, 
application or representation was so preferred; 
(b) no appeal shall lie to a Tribunal against an order or decision of a 
departmental authority determining the fitness or otherwise of a person 
to be a ppointed to, or hold a particular post or to be promoted to a 
higher grade; and 
(c) no appeal shall lie to a Tribunal against an order or decision of a 
departmental authority made at any time before the 1st July, 1969. 
(2) Where the appeal is against an or der or decision of a departmental 
authority imposing a departmental punishment or penalty on a civil servant, the 
appeal shall be preferred– 
(a) in the case of a penalty of dismissal from service, removal from 
service, compulsory retirement or reduction to  a lower post or time -
scale or to a lower stage in a time-scale to a Tribunal referred to in sub-
section (3) of section 3; and 
(b) in any other case, to a Tribunal referred to in sub -section (7) of section 
3 and where no such Tribunal is established, to a Tribunal established 
under sub-section (3) of that section. 
Explanation– In this section “departmental authority” means any authority, other 
than a Tribunal, which is competent to make an order in respect of any of the terms 
and conditions of civil servants.] 
5. Powers of Tribunals .– (1) A Tribunal may, on appeal, confirm, set aside, 
vary or modify the order appealed against. 
(2) A Tribunal shall, for the purpose of deciding any appeal, be deemed to 
be a civil court and shall have the same powers as are ves ted in such court under 
the Code of Civil Procedure, 1908 (Act V of 1908) including the powers of– 
(a) enforcing the attendance of any person and examining him on oath; 
(b) compelling the production of documents; and 
(c) issuing commission for the examination of witnesses and documents. 
                                                           
11Substituted by the Punjab Administrative Tribunals (Amendment) Act, 1975 (XXVI of 1975) ; and published in the Punjab 
Gazette (Extraordinary), dated 31.3.1975, pages 237-O to 237-R, s.4. 
 
(3) No court -fee shall be payable for preferring an appeal to, or filing, 
exhibiting or recording any document in, or obtaining any document from a Tribunal. 
12
[6. Removal of the Chairman or a Member .– (1) The Government may remove 
the Chairman or relieve a Member, during the tenure of his office, on the ground of 
misconduct or, physical or mental incapacity. 
(2) The Government shall, before removing or relieving the Chairman or 
the Member, provide an opportunity of hearing to the Chairman or the Member. 
(3) The Chairman or the Member may, within fifteen days from the date of 
the order of removal or relieving, prefer an appeal before the Lahore High Court. 
(4) The appeal mentioned in subsection (3) shall be heard and decided by  
a Division Bench of Lahore High Court within thirty days and if the High Court fails to 
decide the appeal within thirty days of filing the appeal, the appeal shall abate and 
the decision of the Government shall become final. 
(5) Without prejudice to any o ther action under the law, the Government 
shall communicate to the appointing authority the circumstances in which the 
Chairman or the Member was relieved before the expiry of the term of three years 
and the appointing authority may take appropriate necessary action under the law.] 
13
[7. Financial Powers .– (1) The Chairman shall be the Principal Accounting 
Officer of the Tribunal. 
(2) The Chairman may re -appropriate funds from one head of account to 
another head of account or sanction expenditure from within  the budget allocated to 
the Tribunal and approval of the Government for the purpose shall not be required.] 
8. Abatement of suits and other proceedings .– All suits, appeals and 
applications regarding any matter within the jurisdiction of a Tribunal pendin g in any 
court immediately before the establishment of the appropriate Tribunal shall abate on 
the establishment of such Tribunal: 
 Provided that any party to such a suit, appeal or application may, within ninety 
days of establishment of the appropriate Tr ibunal, prefer an appeal to it in respect of 
any such matter which is in issue in such suit, appeal or application. 
9. Applicability of the provisions of the Limitation Act, 1908.– The provisions 
of sections 5 and 12 of the Limitation Act, 1908 (IX of 1908 ), shall apply to appeals 
under this Act. 
14
[10. Repeal and transfer of cases.– * * * * * * * *   ] 
                                                           
12Previous Section 6 “ Benches and their Procedure ” was omitted by the Punjab Administrative Tribunals (Amendment) Act, 
1975 (XXXI of 1975) ; and published in the Punjab Gazette (Extraordinary), dated 31.3.1975, pages 237 -O to 237 -R, s.5, and 
the present Section 6 was inserted by the Punjab Service Tribunals (Amendment) Act 2013 (XVII of 2013); and published in the 
Punjab Gazette (Extraordinary), dated 21.8.2013, pages 595-597, s.4 ( effective from 22nd July 2013). 
13Previous Section 7 “ Casual Vacancy” was omitted by t he Punjab Administrative Tribunals (Amendment) Act 1975 (XXXI of 
1975); and published in the Punjab Gazette (Extraordinary), dated 31.3.1975, pages 237 -O to 237 -R, s.5,  and the present 
Section 7 was inserted by the Punjab Service Tribunals (Amendment) Act 2013 (XVII of 2013) ; and published in the Punjab 
Gazette (Extraordinary), dated 21.8.2013, pages 595-597, s.5 ( effective from 22nd July 2013). 
14Section 10. “Repeal and transfer of cases ” omitted by the Punjab Service Tribunals (Amendment) Act 2013 (XVII o f 2013); 
and published in the Punjab Gazette (Extraordinary), dated 21.8.2013, pages 595-597, s.6 ( effective from 22nd July 2013). 
 
15
[11. Rules.– The Government may, by notification in the official Gazette, may 
make rules for carrying out the purposes of this Act, including the rules for purposes 
of implementation of the decisions of the Tribunal.] 
12. 
16
[* * * * * * * * * * * *   ] 
 
17
[* * * * * * * * * * * *   ] 
 
                                                           
15Substituted ibid., s.7. 
16Section 12. “Repeal of Punjab Ordinance No.  V of 1974 ” by the Punjab Service Tribunals (Amendment)  Act 2013 (XVII of 
2013); and published in the Punjab Gazette (Extraordinary), dated 21.8.2013, pages 595 -597, s.8 ( effective from 22 nd July 
2013). 
17The First Schedule and the Second Schedule omitted by the Punjab Service Tribunals (Amendment) Act 2013 (XVII of 2013); 
and published in the Punjab Gazette (Extraordinary), dated 21.8.2013, pages 595-597, s.5 ( effective from 22nd July 2013).