(_SxtraoRDInARY REGISTERED NO. 5-271 THE BALOCHISTAN GAZETTE PUBLISHED BY AUTHORITY NO. 59 QUETTA FRIDAY MAY 03, 2013. GOVERNMENT OF BALOCHISTAN LAW AND PARLIAMENTARY AFFAIRS DEPARTMENT NOTIFICATION, Dated Quetta, the 03% May, 2013. ‘The following Ordinance made by the Governor of Balochistan on 30" April, 2013 is hereby published for general information: BALOCHISTAN ORDINANCE, NO. Ill OF 2013 THE BALOCHISTAN SERVICE TRIBUNALS (AMENDMENT) ORDINANCE, 2013 AN ORDINANCE further to amend the Balochistan Service Tribunals Act 1974 (Balochistan Act No. V of 1974}, Printed by the Controller, Govemment Printing and Stationery Deparment Balochistan, Quetta. Price Rs7O/. —D.No.59-200-Copies-06-2013,Proambie Short title and ‘commencement. ‘Amendment of section 2 Act No. Vor 1974 Amendment of section 3, Act No. Vor 1974. Whereas, itis expesiant fuer lo rand the Balochistan Servis Thkunal Ae, 1974 (Act No. V 01974), inthe manne hereinafter eopesring: [And whereas te Govemors salished that circumstances erst which render itrecassary to take immediate action: Now, therefore, in exercise of the powers conferred by Article 128 (1) of the Constiution of Isler Repulic of Pakistan, 1973, te Govemor of Balochistan is pleased fo make end promuigate the following Orsinanse:— 1 (1) This Orsinanee, ray be celled the Balochistan, Serve Treuna’s tAmendment) Ondine, 2013 (2) shall come into orca at once. 2 In the Baochistan Sendce Triunals Al 1874 (Baloenistan Act No. V of 1974), herinater referred tos te said Ac in section 2— (a) after clause (s) the flowing new clause shal be inserted:~ (9) "Chairman means the Chairman of tie Tribunal appoinies under secon 3% and (0) in lauso(o), athe end the word “and” sal bo omited and thereaer the fakowing new clause shall be inserted under clause (3}~ “(b) ——"Member* means the Member of the Tribunal appointed under section 3 ang” 3 Inthe sd Ae, n section 3. — (2) in sub-sector {9}, for clauses (a) and {b) the following shall be substiuies, respectively» (a) Chatman teing person who has been, oris quaifed o be, 3 Judge of High Court, and ©) two members, — A) ane From amongst the sarving Disbict Judges having not loss than vee years service 8s such, and ane from amongst tie serving Cit Servants having serie of not lege than ton you's against an exeoubve class | post under the Provincial Govemment or Federal Goverment; and preferably having 2 legal background:Provided thet where me District Judges or the incumbent Civil Servants are net ‘alate, be appoiniment may be mace am ariangst persons qualified tobe a Judge af High Court“: (thin sub-section (4), afer the word "Government” the words and corima “in eonsutation Witt the Chief Justice ofthe Balochistan High Cour,” shall be inserted; (@) in sub-section (4). amended as aforesaid, at he and for the fil-stp *" @ semicolon ‘halle ingerod and terest te folowing proviso shal be add — “Provided that al such appcntments shal be only fa single erm zonsising of & nonertrdatle perod of twee years or Bi tho date of augerennuaton, whichever earrin case of person in service." (@) i sub-secion (6), a he endfor he fu-stop "2 semicolon "* shall be reertod end thereat ne flowing proviso shal be ads — "Proved that on tegration by a person in raguee serie as Dstt Judge oF a Gill Savarl, # i-has been decided to acoept his tesignaion thn. the incurzent shal be considred as surendo to is own cadre for Tusthr pesing or forsuch actan as tha c5se may be”; snd (8) for re omited sub-section (5 he folowing shall be substituted, namely: — "(8) lV or any reason, the Chatman becomes unable to peer his cites taperaiy the senior most Member ofthe Tabunal sho ct 28 Chairman il such ie he Chaiman resumes his ule Ineartion of 4 Inthe sid Act afar secon 3, amended as aeresid, the folowing new secon shal be inser section} Act naraly — No. Vot 1974 rasuAnsatenaabee’ 3A (1) Nahvthstandng anything consined in secton 3, tho Chaiman may ‘onsite @ Bench contig an himse or ane Mamber only et to Members without he ‘Chsiman or the Charman and a Member and uiten so consttited e Bench shall bo ‘deemed io be a Tribunal Provided thet — |. where a Bensh consistng of one Member is fo be constiuted preference shoud be given lo he Judicial Member, | where a tench consisting of two Members is to be constituted it should be ‘comprising of @Judicisl Memaer and the Member from Civil Service a the member ther than the Civil Servant; and’ every bench consisting of wna Members should be headed by the Jui Member, (2) Ifa Benen is unsble to arive at a unanimaus decision in an appeal, the Imatler shal be placed before the Full Tribunal and tte decsion of the Thbunal shall beInsertion of section 5A, Act No.W of 4974. expressed in terms of tne opinion of he majority: Provided that the Chairman or te Member who was not already on the Bench ccatnot be associa os unable for any reason to taka part i the heating ofthe snes Ihe decision ofthe Trounal shal be expressed in es of the opinion ofthe senior Maribor ofthe Bench, (8 The Charman may, a any stage of the hearing af an appeal, withdraw fiom the Treunal end entrust i 2a Bench or may withdraw any apceal pending before @ Bench and makelt over another Bench or fo the Trbunal™ tn the said ct, aftr Section 5, he folowing new secton shal be inserted, namely: — “Controlling Authority — 5A. (1) The Charman of the Tribunal shall be the Authoity for all me ‘acirinistrative, disciplinary and financial matiers of fhe Balochistan Service Tabunal; and in tis respect there shall be = Regisvar, who shall be responsible forthe smooth workng of the Trouna, the sdminsiraion as well 2s the appointments, promotions. dscipinary factene, Yanete's and nostngs of ocar and staf, the budget and aosounts othe. Tribunal, in accordance to the rules, (2 On establishment of « Tribune! under secton 3, the Goverment sh allocate funds for the Tribunal nits annual budget, as passed in is budget session by the ‘Bolochisten Province Assembly. For wich the Chairman ofthe Tribunal shal have al the financial powers to sburso and make re-appropiation of the amount so alocated by the ‘Government and approved by the Provincial Asser in fhe Annual Eudgel, fom one head fo another heed wilheul seeking any approval of the Provincial Finance Deparbnent Provided Wat the expendiure that 1 incurred by him shall fats wehin the prescited lini of the alocated fundsianctoned Budget ofthe Tribunal” Dated 30! April, 2013, NAWAB ZULFIQAR ALI MAGSI GOVERNOR BALOCHISTAN SECRETARY LAW