EXTRAORDINARY Registered No. M324 The Sindh Government Gasette Published by Authority KARACHI WEDNESDAY JUNE 15, 2022 PART-IV PROVINCIAL ASSEMBLY OF SINDH NOTIFICATION KARACHI, THE 15" JUN NO PASILEG! }-09/2022-The Sindh Public Service Commission Hill, 2022 having been passed by the Pra ial Assembly of Sindh om 12" June, 2022 assented to by the Acting Governor of Sindh on TS June, 2022 i hereby published ax an Act of the Legislature cf Sindh. 2022. THE SINDH PUBLIC SERVICE COMMISSION ACT, 2022 SINDH ACT NO. IV OF 2022, AN act to repeal with cermin modiffentions, re-enact ihe Sindh Public Service Commission Act, 1989 WHEREAS it is expedient to repeal with certain modifications, Preamble re-enel the Sindh Public Service Commission Act, 1989. This hereby enacted as foliews:+ Liv-21§ Ext-IV-4 (13) Price Rs. 30.001. (1) This Act may be called the Sindh Public Service Commission ‘Ret 2022. (2). Tedhall come into faree at once. 2, In this Act, unless there is anything repugnant in the subject oF context — (a) “Chief Minicter” meuns the Chie! Minister, Sindh, (©) “Commission” means she Sindh Public Service Commission established under this Act; (e) “Goverment” means the Government of Sindh; (@) “Governor” means the Govertor of Sindh; (e) “Member” means n member of the Commissida and includes theChairperson thereof: and (f) “prescribed means prescribed by rales made under this Act and {g) “Schedule” means Schedule eppetide to this Act 4, (2) There shall be a Public Service Commission for the Province of ‘Sindh-which shall be called the Sindh Public Servise Commission. (2) The Commission shall consist of « Chairperson and such hunber of members as the Chief Minister may determine. 4,(1)'The Govemor, on the advice of Chief Minister, shall appoint ‘the Chaicperson’ and the Chief Minister shall appoint the members of the Commission but no persan who is sixty-five years of age or above and no serving Government servant shall be so appointed. * (2) Not lexs than one-half’ of the Members shall be selected from. amongst the persons who have hel office in the Service of Pakistan for at less than twemy years out-of which wt least five years shall be in 8-20 orahove. (3) The remutning: members shatl be selected from private sector from amongst the persons with minimum age of forty five years and ‘maximum age of sixty five years representing the field of liberal arta, science and other peofessionals, having a Master's Degree with sufficient practical experience in the relevant field: Pravided that at least one Member shall: be» woman and one: shall’be from Minorities. PART-IV __ THE SINDH. GOVT. GAZETTE EXT. JUNE 15,2022 __l4 ‘Short sitle and ‘commencement. Definition, (Composition of ‘Cowaission Appointment of ‘Chairperson ‘and Members,(4) The Chairperson of a Member shall hold office fe # single term fof four years which shall not be extended for further term and/or shail hold office upto the age of slaty five yeus, whichever is earlier: Provided that nothing contained in this sub-scction shall dear & Member from becoming. a Chairperson during the pendeney af his tem in ease the office of Chairperson falls vacant, (5) The Chairperson or w Member may resigh fem his office by writing under his hand addressed to the Goverior or Chief Minister, as. the ease may be- 4, Before entering upon the office, the Chairperson an Members shall take oath in the form. set out in the: Schedile before the Governor in ‘ase of Chairperson and, before the Chairperson in case of Member. 6. (1) The terms and conditions of the Chairperson shall be such as may be determined by the Gavernoe pn the ndvice of Chicf Minister tind that of members shall be determined by the Chief Minister. (2) On ceasing’ to hold offiee, 0 Member shall not be eligible for yeemployment in the service of Government or in autonomous ‘corporation or bouy established by Government. 7. U) If the Governor in ease Of Chairperson and the Chief Minister in case of a Member is of the opinion that the Chairperson or x Memnbet, bby reason of physical-or mental incapacity, is unable to perform his duties or is guilty of misconduct, he shall appoint u retired officer of at feat H8.21 as Inquiry Officer, to inquire into the mater, @) If after holding the inguiry, the Inquiry. Officer submits report that the Chairperson or Member ia incapable of pecforming his duties or is guilty of misconduct, the Governor on the advice ot Chief Minister in case of Chairperson and the Chief Minister in case of 2 Member may notwithstanding the provisions of section 4, remove such Chaixperson or n Member. f Esplanarion.- For the purpose ofthis sub-section, “miscondiet” means a conduct prejudicial to the good order of service discipline or contrary fo the rules of eonduet applicable to civil servants of the Province ef Sindh or unbecoming of an officer and includes any act an tie part of the Chairperson or a Member, to bring or attempt to. bring political or other outside influence directly oc indirectly 10 bear an ‘Government or any Goverment Offleer, in respect of any matier relaing to his retention as such Chairperson or Member, punishment, retirement or other conditions of his service and includes tout not limit to the following: 1s ___THESINDH/ GOVT. GAZETTE. EXT. JUNE 15,2022 _PART-IV ‘Oath of office “Terms and Conditions of Service of Chairperson ij Members Removal of (Chairperson ‘and Members. ASG@) allegations of an offence involving moral turpitude or corruption: (ii)> persistent disregard ofthe regulations relating to conduct of Afftes 6fCommisson. (6) For the purpose of inquiry under this section, the Inquiry Officce shall have power vested ina Civil Court under the Cade af Civil Procedure, 1908 {Act ¥ af 1908) in respect of the followings matters, namely’ ©) ehforcing te stendanse of any person and examining. him oa oath: (1) Fequiring the discovery of documents; (il) receiving evidence on affidavits: (iv) jssuing commission for examination of witnesses: of documents. 8. The finetions of the Commission shall be— Functions of the ‘Commission, 4) to eongpet tests and examinations for recruitment for initial appointment to = (8) Such posts connceted with the affairs of the Province ‘of Sindh: (b) such posts. in or ander a Corporation o other Autonomous Body or Organization set up by Government under aay law or otherwise as may be reseribed: (ii) t9 advise Government on any matier which Goverment may refer 10 the Commission; Gi) to hold such departmemal of language examination as may be prescribed. 9. Where Government dees not accept the advice of, the Commistien to ‘Commission, it shall give sich intimation to the Commission with be infarmed Justifiable reasons, thereof, when its advice not necepted, 10. (1) The Commission shall peesent its report annually to. the Report of the Provineial Assembly through the Secretary (Services), SGA&CD on the Commission, ‘work done by it during the year (2) The repert under sub-section (1) shall he accompanied: by’ a smemorandam setting Out spf as Is knovwn tothe Commission —(@) the cases, if any, in which the advice of the Commission ‘was tlot accepted and the reasons therefore; (b) the maners. if ény, on which the Commission ought to have been consulted but was not consulted and the reasons therefore. (G) The Secretary of the Provincial Assembly shall cause a copy of the report to be Inid before the Provincial Assembly. 11. All actions taken: by the Commission, its Chairperson and Actions taken in ‘Members shall be presumed to be taken in good faith. sed faith, 12. Government may make rules for carrying out the purpwes-of this” Rules Act. 13, ‘The Commission may frame. regulations. for performance of Regulation! ianetions and transacting business assigned io it by ar under this Act, 14, (1) The Sind Public Service Commission Act, 1989. is hereby Repeal and repcaled, saving. {2) Nonwithstanding the repea! und sub-dectbon (1) — G@) all the actions taken under the repealed Act and the rules ond regulations made thereunder, shall be deemed 10 have een validly taken; i) ‘the rules and regulations made under the repealed Act shall comtinue to be in force until amended, repeated or altered by the competent authority; (it) the Members appointed immediately before the ‘commencement of this Act, shall cantinue to perform theie Functions tll the expiry of thei present tenure; (iv) the Commission shall conclude the pending eases within ninety days from the date af commencement of this Act. BY ORDER OF MADAM ACTING SPEAKER PROVINCIAL ASSEMBLY OF SINDH G.M.UMAR FAROOQ SECRETARY PROVINCIAL ASSEMBLY OF SINDH aPARTIV__ THE SINDH GOVT, GAZETTE EXT. JUNE 15,2022 _18 SCHEDULE (See Section - 5) 4. to Pakistan, do solemnly swear that | witl bear true faith ancl allegiance ‘That, as a Chairperson (or Member) of the Sindh Public Service: Commission, 1 will discharge my duties, and perform any functions, honestly, 10 the best of my ability and faithfully in secordance with uve Coostitution of the Islamic Republic of Pakistan and the law, and always in the interest of the solidarity, integrity, well- being and prosperity of Pakistan. i “That, Iwill not allow my personal interest influence my official conduct oF my official decisions. ond that in the performance of my. fimetions, whether in the selection of persons-for recruitment. er appoistment or in nny other way, Twill net without fear or favour, affection or ill wil. May ALLAH Almighty help and guide me (A’meen") ited at the Sindh GovernmentEXTRAORDINARY Registered No, M324 The Sindh Government Gasette Published by Authority KARACHI THURSDAY JUNE 16, 2022 PART-IV GOVERNMENT OF SINDH LAW, PARLIAMENTARY AFFAIRS & CRIMINA PROSECUTION DEPARTMENT Karachi, dated the 14" June.2022. CORRIGENDUM No.S.LEGIS:2(16)/2022:- in the Sindh Government Gazette Extraordinary issue, Registered No.M324, Part-I, published on 15” June, 2022, in the titled Act “The Sindh Public Service Commission Act. 2022 (Sindh Act No|V of 2022). in the opening sentence and Preamble, ihe words “to repeal with certain medification, re-enact the Sindh Public Service Commission Aci, 1989" be read as “te repeal the Sindh Public Service Commission Act,1989 (Sindh Act No.XI of 1989) and with certain mocifications, re-enact the Sindh Public Service Commission Ordinance. 1978 (Sindh Ordinance VI of 1978) as o new law", SECRETARY TO GOVERNMENT OF SINDH L(iv-217 Ext IVS a9) Prices, 5,00 Karachi: Printed at the Sindh Government Press 16-6-2022