CHAPTER 10

FEDERAL PUBLIC SERVICE COMMISSION

(989 - 990)
 991

CHAPTER 10

FEDERAL PUBLIC SERVICE COMMISSION

Sl. Page
No(s). Chapter Contents No(s).

1 Constitutional Provisions 993

2 Federal Public Service Commission Ordinance, 1977 993
(No. XLV of 1977)
3 Federal Public Service Commission (Composition and 1000
Condition of Service) Regulations, 1978
4 Federal Public Service Commission(Functions) Rules, 1978 1006
4.1 Explanation of Functions of Federal Public Service 1008
Commission
4.2 Consultation with FPSC in Matters of Appointment 1009
4.3 Consultation with Federal Public Service Commission 1010
in Respect of Recruitment Rules
4.4 Procedure for Rejection of the Advice of the F.P.S.C. 1010
4.5 Procedure for Recruitment Through Federal Public 1011
Service Commission
4.6 Withdrawal or Change of Requisition by the 1011
Administrative Ministries/Divisions/Departments for
Posts Already Advertised by the Commission
4.7 Supply of Character Rolls to the Commission 1011
4.8 Furnishing of Character Rolls to FPSC 1012
5 Nomination of Departmental Representatives to Assist the 1012
Commission at the Interviews for Various Posts
5.1 Variation between views of Departmental 1013
Representatives at the Interview and Commission's
Advertisements for Various Posts.
5.2 Criteria for Counting of Prescribed Length of 1013
Experience for Recruitment to Various Posts
5.3 Introduction of Identity Card Code Number in the 1015
Application Forms Used for Recruitment Through the
FPSC
6 Channel of Communication Between the Ministries, 1015
Departments, etc. and the Commission
6.1 Grant of Ex-Officio Status of Joint Secretary to 1016
Secretary, Federal Public Service Commission.
 992

6.2 Grant of Ex-Officio Status of Joint Secretary to 1016

Secretary, FPSC and Disposal of Work By Him
7 Federal Commission For Selection Of Heads of Public Sector 1017
Organizations (FCHPSO)

7.1 Withdrawal of Federal Commission for Selection of 1023

Heads of Public Sector Organizations

———————————
 993

FEDERAL PUBLIC SERVICE COMMISSION

Sl. No. 1

Constitutional Provisions*

Article 242- (1) **[Majlis-e-Shoora (Parliament)] in relation Public

to the affairs of the Federation, and the Provincial Assembly of a Service
Commission
Province in relation to affairs of a Province, may, by law, provide for
the establishment and constitution of a Public Service Commission.
***
[(1A) The Chairman of the Public Service Commission constituted in
relation to the affairs of the Federation shall be appointed by the President in his
discretion.]

(2) A Public Service Commission shall perform such functions as may

be prescribed by law.

Sl. No. 2

Federal Public Service Commission Ordinance, 1977 (No. XLV of 1977)

W HEREAS it is expedient to repeal and, with certain modifications, re-

enact the Federal Public Service Commission Act, 1973 (LXVI of 1973);

AND WHEREAS the President is satisfied that circumstances exist which

render it necessary to take immediate action;

NOW, THEREFORE, in pursuance of the proclamation of the fifth day of July,

1977, read with the Laws (Continuance in Force) Order, 1977 (CMLA Order No.1
of 1977), and in exercise of all powers enabling him in that behalf, the President
is pleased to make and promulgate the following Ordinance:-

1. Short title and commencement.—

(1) This Ordinance may be called the Federal Public Service

Commission Ordinance, 1977.

(2) It shall come into force at once.

2. Definitions.— In this Ordinance, unless there is anything repugnant

in the subject or context:-

(a) "Commission" means the Federal Public Service Commission; and

* For the Constitutional provisions in the Constitutions of Islamic Republic of Pakistan 1956 and
1962, see Annex III & IV.
** Subs. by P.O. 14 of 1985 w.e.f. 2 March, 1985, Art. 2 and Sch., for ‘Parliament’.
*** Ins. by P.O. 14 of 1985 w.e.f. 2 March, 1985.
 994

(b) "Member" means a member of the Commission and includes the

Chairman thereof.

3. Composition of Commission, etc.

(1) There shall be a Federal Public Service Commission.

(2) The President shall by regulations determine:-

(a) the number of members of the Commission and their

conditions of service; and

(b) the number of members of the staff of the Commission and

their conditions of service:

Provided that the salary, allowances and privileges of a

member of the Commission shall not be varied to his disadvantage
during his term of office.

(3) The Chairman and other members of the Commission shall be

appointed by the President.

*(4). The Commission shall have:

(a) not less than one half of the members who shall be persons
having held office in the service of Pakistan in basic pay scale
21 or above post:

Provided that no serving Government servant shall be

appointed as a member;

(b) at least one member each from;

(i) retired judges of the superior judiciary;

(ii) retired officers not below the rank of Major-General or

equivalent of the Armed Forces; and

(iii) women and the private sector possessing such

qualifications and experience as the Federal
Government may by rules prescribe.

**(5). No proceedings or act of the Commission shall be invalid merely on

the ground of the existence of a vacancy in, or a defect in the constitution of the
Commission.

* Substituted vide FPSC (Amendment) Ordinance 2000, dated 17-11-2000.

** Added vide Notification No.F.24(1)/77-Pub., dated 22-12-1977.
 995

4. Term of office of members, etc.

*
This Act may be called the Federal Public Service Commission
(Amendment) Act, 2006.

Amendment of Section 4, Ordinance XLV of 1977.— In the Federal

Public Service Commission Ordinance, 1977 (XLV of 1977), in section 4, for sub-
section (1), the following shall be substituted and shall be deemed always to have
been so substituted namely:-

“(1) A member of the Commission shall hold office for a term of three
years from the date on which he enters upon office or till he attains the age of
sixty-five years whichever is earlier;

Provided that a member of the Commission who is a retired Judge of the

Supreme Court or a High Court shall hold office for a term of three years within
five years from the date of his retirement;

Provided further that a member of the Commission shall not be eligible

for re-appointment.

(1A) Notwithstanding anything in any contract, agreement or any

instrument containing terms and conditions of the service, a member who, on or
after the commencement of the Federal Public Service Commission
(Amendment) Act, 2006, completes his tenure or attains upper age-limit specified
in sub-section (1) shall on such commencement forthwith cease to be member as
defined in clause (b) of section 2”.

(2) A member may resign his office by writing under his hand
addressed to the President.
**
4A. Oath of office.

Before entering upon office the Chairman and a member shall take oath
in the form set out in the Schedule to this Ordinance before the President in case
of Chairman and before the Chairman in case of a member.

**5. Ineligibility for further employment.

On ceasing to hold office, a member shall not be eligible for further

employment in the service of Pakistan.

* Inserted vide FPSC (Amendment) Act, 2006, vide Notification No.F.9(2)/2006-Legis, dated
05-10-2006.
** Ins. and Subs. vide FPSC (Amendment) Ordinance 2000, dated 17-11-2000.
 996

*
5A. Appointment of a serving member as a Chairman.

A serving member of the Commission shall be eligible for appointment as

Chairman for a term not exceeding the unexpired portion of his term as such
member.

6. Removal from office.

A member shall not be removed from office except in the manner

applicable to a Judge of a High Court.

7. Functions of the Commission.

(1) The functions of the Commission shall be:—

*(a) to conduct tests and examinations for recruitment of persons to All-

Pakistan Services, the civil services of the Federation and civil
posts in connection with the affairs of the Federation in basic pay
scales 16 and above or equivalent;”

(1a) The recruitment to the posts in basic pay scales 11 to 15 made
by any authority or person on or after the 28th May 2003, other than
through the Commission, shall, notwithstanding any provision of this
Ordinance or any other law, rule, notification or any order, decision
of judgment of any court or forum, be deemed to be, and always to
have been validly made, taken or done and shall not be called in
question in any court or forum or any ground whatsoever.”

(b) to advise the President:

(i) on matters relating to, qualifications for and method of

recruitment to, services and posts referred to in clause (a);

(ii) on the principles to be followed in making initial appointments

to the services and posts referred to in clause (a) and in
making appointments by promotion to posts in BPS 18 and
above and transfer from one service or occupational group to
another; and
(iii) on any other matter which the President may refer to the
Commission; ***and
*** (c) to hold examinations for promotion for such posts as the Federal
Government may, from time to time, by notification in the official
Gazette, specify.

* Substituted vide Act No. X of 2005 dated 6th July, 2005.


Substituted vide Act No. X of 2005 dated 6th July, 2005 (1a).
*** Substituted and Added vide Ordinance No. XLIX of 2002, dated 03-09-2002.
 997

Explanation.—

In this section, “recruitment” means initial appointment other than by

promotion or transfer.
(2) Recruitment to the following posts shall be outside the purview of
the Commission:-
(i) in the President’s Secretariat;
*(ia) in the Directorate General of Inter Services Intelligence (ISI);
**(ii) filled by appointing a person on contract for a specified period
***[***].
(iii) filled on ad-hoc basis for a period of six months or less provided
that–
(1) no ad-hoc appointment shall be made before placing a
requisition with the Commission for regular appointment;
and
(2) before filling the post on ad-hoc basis, prior approval shall be
obtained from the Commission;
**(iv) filled by re-employing a retired officer, provided that the re-
employment is made for a specified period @[***] in a post not
higher than the post in which the person was employed on regular
basis before retirement; and
(v) filled by the employment or re-employment of persons on the
recommendations of the High Powered Selection Board constituted
by the President who are, or have been, Officers of the Armed
Forces and hold, or have held, such posts therein as are declared
by the President to be equivalent to the posts to be so filled.
@@
(3) (a) A candidate aggrieved by any decision of the Federal Public
Service Commission may, within thirty days of such decision,
make a representation to the Commission and the Commission
shall decide the representation within fifteen days after giving the
candidate a reasonable opportunity of hearing. The decision of
the Commission, subject to the result of review petition, shall be
final.

* Inserted vide Act No. XI of 2004 dated 16th December, 2004.

** Amended/Deleted vide Ordinance No.XLVI of 2007, dated 15.09.2007 (expired w.e.f. 25-03-2010).
*** “The words not exceeding two years” omitted vide F.P.S.C. (Amendment) Ordinance,2009
effective from 15-09-2007 ( SRO 2(I)/2009 dated 26-11-2009).
@ “The words not exceeding two years” omitted vide F.P.S.C. (Amendment) Ordinance,2009 effective
from 15-09-2007 (SRO 2(I)/2009 dated 26-11-2009).
@@ Added vide FPSC (Amendment) Ordinance, 2001 dated 27-03-2001.
 998

(b) A candidate aggrieved by the decision of the Commission made

under paragraph (a) may, within fifteen days of the decision,
submit a review petition to the Commission and the Commission
shall decide the review petition within thirty days under intimation
to the petitioner.

(c) Save as provided in this Ordinance, no order made or

proceeding taken under this Ordinance, or rules made
thereunder, by the Commission shall be called in question in any
court and no injunction shall be granted by any court in respect of
any decision made or taken in pursuance of any power conferred
by, or under, this Ordinance.
(d) Any candidate aggrieved by a decision of the Commission under
paragraph (b) may, within thirty days of the decision, prefer an
appeal to the High Court.

*7-A Conduct of Business of Commission, etc.—The Chairman of the

Commission may, with the approval of the Federal Government, make rules for
regulating the conduct of the business of the Commission; and such rules may
provide for any of the functions of the Commission specified by it being performed
by a Committee composed of two or more members constituted by the Chairman
for the purpose.
8. Commission to be informed when its advice not accepted.— Where
the President does not accept the advice of the Commission, he shall inform the
Commission accordingly.

9. Reports of Commission.—(1) It shall be the duty of the

Commission to present to the President annually a report on the work done by the
Commission, and the President shall cause a copy of the report to be laid before
the National Assembly and the Senate.
(2) The report referred to in sub-section (1) shall be accompanied by a
memorandum setting out so far as is known to the Commission:-

(a) the cases, if any, in which the advice of the Commission was not
accepted and the reasons thereof; and
(b) the matter, if any, on which the Commission ought to have been
consulted but was not consulted and the reasons thereof.
10. Rules.—The Federal Government may, by notification in the official
Gazette, make rules for carrying out the purposes of this Ordinance.
**
11. Omitted.

* Added vide Notification No.F.24(1)/77-Pub., dated 22-12-1977.

**Omitted vide Ordinance No. XXVll of 1981, dated 08-07-1981.
 999

*
[SCHEDULE]

(See Section 4A)

I, ___________________________________________ do solemnly
swear that I will bear true faith and allegiance to Pakistan:

That, as a Chairman (or Member) of the Federal Public Service Commission I

will discharge my duties, and perform my functions, honestly, to the best of my ability
and faithfully in accordance with the Constitution of the Islamic Republic of Pakistan
and the law, and always in the interest of the solidarity, integrity, well-being and
prosperity of Pakistan.

That, I will not allow my personal interest to influence my official conduct or

my official decisions and that in the performance of my functions, whether in the
selection of persons for recruitment or appointment or in any other way, I will act
without fear or favour, affection or ill will.

May Allah Almighty help and guide me (A’meen).

President]
[Authority.– FPSC’s Ordinance No.F.24(1)/77-Pub.,dated 17-12-1977].

CLARIFICATION

Clarification Regarding Amendment In Federal Public Service Commission

Ordinance, 1977

Section-7(2) (ii) & (iv) of the Federal Public Service Commission (FPSC)
Ordinance, 1977 was amended vide FPSC (Amendment) Ordinance, 2007 and
promulgated on 15-09-2007. Consequently, contract appointments and re-
employments beyond two years were taken out of the purview of the Federal
Public Service Commission.

2. Supreme Court of Pakistan in its judgment, dated 31st July, 2009

had held that the ordinances promulgated by the President before 03-11-2007,
which were given permanence by PCO(1)/2007 and also the Ordinances made
and promulgated by the President between 03-11-2007 to 15-12-2007 (both days
inclusive) which were also like wise given permanence through the same
instrument, stood shorn of their purported permanence. The Supreme Court of
Pakistan had observed that this Ordinance may be placed before the Parliament
and allowed 120 days (period of validity) in terms of Article 89 of the Constitution
to commence from 31st day of July, 2009 for placement of such Ordinances
before the Parliament. FPSC (Amendment) Ordinance, 2007 was re-promulgated
on 26th November, 2009 as FPSC (Amendment) Ordinance, 2009 (XLVII) of

* Added vide Federal Public Service Commission (Amendment) Ordinance No. LVI of 2000,
dated 17-11-2000.
 1000

2009), since it was difficult to get it passed from the National Assembly/Senate
within 120 days. The aforesaid Ordinance was placed before the National
Assembly, however, it could not be passed till date.

3. Since, the FPSC (Amendment) Ordinance, 2009 is still under

process, the existing provision of Section 7(2) (ii) & (vi) as reflected at pages,
1230-1231 of ESTACODE (Edition-2007, Vol-II) have become ineffective and
position prior to 15-09-2007 stand restored w.e.f 25-03-2010 on expiry of
aforesaid Ordinance in terms of Article-89 of the Constitution of Pakistan.
Consequently, contract appointment-employment beyond two years made after
25-03-2010 now requires concurrence of Federal Public Service Commission.
[Authority:- Establishment Division’s U.O.No.3/2/2003-T.V dated 02-05-2012].

Sl. No. 3

Federal Public Service Commission (Composition and Condition of Service)

Regulations, 1978

In exercise of the powers conferred by sub-section (2) of Section-3 of the

Federal Public Service Commission Ordinance, 1977 (XLV of 1977), the
President is pleased to make the following regulations:-

PART-I PRELIMINARY

1. Short title.— These regulations may be called the Federal Public

Service Commission (Composition and Condition of Service) Regulations, 1978.

2. Definitions.— In these regulations, unless there in anything

repugnant in the subject or context.—

(a) “Commission” means the Federal Public Service Commission and

(b) “Member” means a Member of the Commission and, unless there is

anything repugnant in the subject or context, includes the Chairman
thereof.

PART-II MEMBERS
*
3. Composition.—The Commission shall consist of a Chairman and not
more than eleven Members.

Provided that if, at any time, by reason of an increase in the business of

the Commission, or for any other reason, it becomes necessary to increase
temporarily the number of Members, the President may appoint such number of
additional members as appears to him to be necessary.

* Substituted vide Estt. Div.'s SRO 427/2000, dated 24th June, 2000.
 1001

*
4. Pay, allowances and perquisites of the Chairman and Members.—
The pay, allowances and perquisites of the Chairman and Members shall from
the 1st day of January, 2013, be as set out in the Schedule to these regulations;
and

(b) for Schedule-I Schedule-IA and Schedule-IB the following shall be

substituted, namely:
**
5. Omitted
**6. Omitted
**7. Omitted
**8. Omitted

9. Pension.— (1) No pension shall be attached to the office of a

Member; and

(2) A Member who is a re-employed retired government servant shall

not be entitled to any pension or gratuity in respect of his service as Member;

(3) A Member who was neither a government servant nor a retired

government servant at the time of his appointment as Member shall be entitled to
gratuity equal to one month’s pay for each completed year of service as Member,
subject to the gratuity not exceeding eight months pay.

10. Other matters.— In respect of any matter which is not covered by

these regulations, a Member shall be governed by the rules or orders applicable
to officers of the corresponding grades*** under government, or as may, in any
particular case, be determined by the President.

PART-III STAFF

11. Staff.— The staff of the Commission shall be as set out in Schedule-
II to these regulations.
@
12. Appointment of Secretary.— The Secretary shall be appointed
from amongst serving government servants by the President, or a person
authorized by him, in consultation with the Chairman.

13. Term of Office of Secretary.— The Secretary shall hold office

ordinarily for a term of four years; but the President may extend the term, or
curtail it, as the President may deem appropriate.

14. Age of retirement of Secretary.— No person shall, unless the

President otherwise directs, be appointed as Secretary, or continue to hold office

* Substituted vide Estt.Div.’s S.R.O 70(I)/2013 dated 04-02-2013.

** Omitted vide vide Estt.Div.’s S.R.O 723(I)/2009 dated 11-08-2009
*** BPS.
@
Substituted vide Estt. Div.'s SRO 427/2000, dated 24th June 2000.
 1002

as Secretary, after he has attained the age for the time being fixed for the
retirement of government servants from service.

15. Pay and allowances of Secretary.— The Secretary shall draw pay
and allowances as admissible to him as a serving government servant.

16. Appointment of Officers and Staff of the Commission.— The

Chairman, or a person designated by him, shall be authority competent to make
appointments to various posts of Officers and Staff of the Commission.

17. Discipline and appeal, etc.— (1) The appointing authority under
regulation-16 shall be the Authority under the government servants (Efficiency &
Discipline), Rules, 1973, for the Officers and Staff of the Commission.

(2) An appeal shall lie to the Chairman against an order imposing a

penalty passed by the ‘Authority’ or the ‘Authorized Officer’ other than the
Chairman.

(3) No appeal shall lie where a penalty is imposed by the Chairman but
the aggrieved persons may apply for review of the order.

(4) Every appeal or a review petition shall be submitted within a period

of thirty days of the communication of the order against which appeal or, as the
case may be, review petition is preferred.

18. Terms and conditions of service of Officers and Staff.—(1)

Subject to Federal Public Service Commission Ordinance, 1977 (XLV of 1977), or
these regulations.—

(i) the terms and conditions of the Secretary and other Officers and
Staff of the Commission shall be the same as of civil servants in
corresponding basic pay scales under Federal Government; and

(ii) the Secretary and other officers and staff of the Commission shall
be governed by the Civil Servants, 1973 (LXXI of 1973), and the
rules made thereunder.

(2) Any question arising as to which rules or orders are applicable to

the case of any officers or member of Staff of the Commission shall be decided
by the Chairman.

[Authority: Establishment Division SRO No. 1316(1)/78, dated 9.11.1979]

 1003

*SCHEDULE-I

[ See Regulation 4]

PAY, ALLOWANCES AND PERQUISITES OF CHAIRMAN AND MEMBERS

S. No. Items Chairman Member

(1) (2) (3) (4)

1. Pay per month. Rs. 425, 000 Rs. 400,000

2. Special FPSC allowance per Rs. 60,000 Rs. 50,000

month

3. Sumptuary / Entertainment Rs. 6,000 Rs. 5,000

allowance per month.

4. House rental ceiling allowance Rs. 75,000 Rs. 62, 500

per month (if no free
Government accommodation is
provided)

5. Electricity and gas charges etc. Rs.22, 000 Rs. 16,200

per month

6. Car Chauffer driven 1600 cc Chauffer driven

for official and private use 1300 cc for official
and private use
7. Telephone and mobile ceiling No Limit. No Limit.
per month (office and
residence)
8. Internet ceiling per month No Limit. No Limit.
(residence)
9. Travelling Allowance, medical As admissible to a Minister As admissible to a
allowance and leave. of State. Minister of State.

10. Petrol per month. 500 liters for official and 400 liters for official
private use. and private use.

* Substituted vide Estt.Div.’s S.R.O.70(I)/2013 dated 4th February, 2013.

 1004

*
SCHEDULE II (See Regulation II)
Number of Members of the staff of Federal Public Service Commission
S.No. Name of Post BPS No. of Posts
1. Secretary 22 01
2. Executive Director General 21 01
3. Director General 20 03
4. Director General (Research) 20 01
5. Director General (Legal 20 01
6. Chief Psychologist 20 01
7. Chief. I.T. 20 01
8. Director 19 08
9. Director (Legal) 19 01
10. Senior Psychologist 19 02
11. Director (Research) 19 01
12. Director (Computer) 19 01
13. Deputy Chief I.T 19 01
14. Senior Private Secretary/Private Secretary 19 14
15. Deputy Director 18 13
16. Deputy Director (Legal) 18 01
17. Psychologist 18 04
18. Dy. Director (Research) 18 02
19. System Analyst 18 01
20. Programmer 18 01
21. Database Administrator 18 01
22. Quality Assurance Officer 18 01
23. Junior Programmer 17 02
24. Website Manager 17 01
25. Network Administrator 17 01
26. Data Control Officer 17 03
27. Assistant Director (Research) 17 04
28. Assistant Director 17 33
29. Assistant Director (Legal) 17 03
30. Librarian 17 01
31. Transport Officer 17 01
32. Superintendent (Record) 17 01
33. Deputy Assistant Director 16 11
34. System Operator 16 03
35. Computer Operator 16 01

* Substituted vide Estt.Div.’s S.R.O.70(I)/2013 dated 4th February, 2013.

 1005

S.No. Name of Post BPS No. of Posts

36. Assistant Database Administrator 16 01
37. Hardware Engineer 16 01
38. Assistant Network Administrator 16 05
39. Data Processing Assistant 16 18
40. Assistant Private Secretary 16 33
41. Draftsman-cum-Artist 16 01
42. Assistant Incharge 15 02
43. Assistant 14 64
44. Statistical Assistant 14 06
45. Stenotypist 14 49
46. Security Superior 14 01
47. Library Assistant 14 01
48. Telephone Operator 14 02
49. Data Entry Operator 12 17
50. Upper Division Clerk 09 35
51. Lower Division Clerk 07 63
52. Security Clerk 07 02
53. Driver 04 37
54. Despatch Rider 04 02
55. Duplicating Machine Operator 04 03
56. Electrician 04 01
57. Lift Operator 03 03
58. Book Sorter 02 01
59. Daftry 02 16
60. Qasid 02 16
61. Naib Qasid 01 77
62. Frash 01 02
63. Chowkidar 01 10
64. Security Guard(Chowkidar) 01 09
65. Buss Cleaner 01 01
66. Khakroob 01 15
Total 620
 1006

Sl. No. 4

Federal Public Service Commission (Functions) Rules, 1978

In exercise of the powers conferred by section 10 of the Federal Public

Service Commission Ordinance, 1977 (XLV of 1977), the Federal Government is
pleased to make the following rules, namely:-

1. These Rules may be called the Federal Public Service Commission

(Functions) Rules, 1978.

2. In these rules, unless there is anything repugnant in the subject

or context:—

(a) “ad-hoc basis”, when used with reference to an appointment,

means appointment of a person on temporary basis pending
appointment of person nominated by the Commission;

(b) “civil servant” means a person who is, or has been, a civil servant
within the meaning of the Civil Servants Act, 1973 (LXVI of 1973);
*
(c) (Omitted);

(d) “regular basis” when used with reference to an appointment other

than an ad-hoc basis, or on contract, or on a temporary basis, for a
specified period;

(e) “retired officer” includes a retired officer of the Armed Forces; and

(f) “test” includes written examination, interview and viva voce.

**
3. The Commission shall conduct tests and examinations for
recruitment to all posts in connection with the affairs of the Federation in basic
pay scale 16 and above or equivalent other than the posts.-

(a) specified in the Schedule to these rules;

(b) filled by appointing a person on contract for a specific period

***
[Omitted]

(c) filled on ad-hoc basis for a period of six months or less provided
that.—

(i) no ad-hoc appointment shall be made before placing a

requisition with Commission for regular appointment; and

* Omitted vide Estt. Div.’s Notification SRO 848(I)/2002, dated 27-11-2002.

** Substituted vide an Act No. X of2005, dated 6th July, 2005.
*** Omitted vide Estt.Div.’s Notification S.R.O 1245(I)/2008 dated 27-11-2008.
 1007

(ii) before filling the post on ad-hoc basis, prior approval shall be
obtained from the Commission;

(d) filled by re-employing a retired officer provided that re-employment is

made for a specified period of one year *[Omitted] in a post not higher
than the post in which the person was employed on regular basis before
retirement; and
(e) filled by the employment, other than posts in pay scale 17 filled by
serving armed forces officers on the recommendations of FPSC, or
employment of persons who are, or have been officers of the armed
forces of Pakistan and held, or have held such posts therein as are
declared by the President to be equivalent to the posts to be so filled.
**
4. The Commission shall test civil servants, appointed at any time
between the first day of January, 1972 and the fifth day of July, 1977, or promoted
to a higher post or grade during the said period whose cases may be referred to
the Commission by the President, and make a report to the President whether
they are fit to hold the post to which they were appointed or promoted, as the
case may be, and, if not, whether, they are fit to hold any other civil post in the
same or lower grade, compatible with their qualifications and experience.
***
5. The Commission shall, on a reference made by the appointing
authority, test persons, who may have been appointed to a civil post without
observing the prescribed procedure or without fulfilling the prescribed
qualifications, experience and age limits, and advise whether they are fit to hold
the post to which they were appointed, and, if not, whether they are fit to hold any
other civil post in the same or lower Basic Scale compatible with their
qualifications and experience.
@
“SCHEDULE”
(See Rule 3(a)
Posts excluded from the purview of the Commission

Ministry, Division or Organization Name of post

1. President's Secretariat All posts

(Personal or Public)
@@
2. Directorate General of All posts
Inter Services Intelligence (ISI)

[Authority: Estt. Div.’s Notification S.R.O. No. 1316 (I)/78, dated 9-11-1978].

* Omitted vide Estt.Div.’s Notification S.R.O 1245(I)/2008 dated 27-11-2008.

** Subs. vide Establishment Division SRO No. 147(1)/84, dated 9-2-1984.
*** Added vide Estt. Div.’s Notification SRO 848(I)/2002, dated 27-11-2002.
@ Amended vide Estt. Div.'s Notification No. SRO 415/2000, dated 19-06-2000.
@@ Inserted vide Estt. Div.'s Notification SRO 424(1)/2005, dated 12-05-2005.
 1008

4.1 Explanation of Functions of Federal

Public Service Commission

Reference:— Federal Public Service Commission Ordinance, 1977 (No. XLV of

1977) dated 17-12-1977 published in the Gazette of Pakistan
Extraordinary dated 22nd December, 1977.

2. Attention is invited to section 7 which specifies the functions of the

Commission as follows:—

Functions of the Commission.— The functions of the Commission shall

be—

(a) to conduct tests and examinations for recruitment to All Pakistan

Services the civil services of the Federation and such posts in
connection with the affairs of the Federation as may be prescribed
by rules made under section 10; and

(b) to advise the President on matters relating to qualifications for, and

methods of recruitment to, the services and posts referred to in
clause (a), and any other matter which the President may refer to
the Commission.

Explanation.— In this section, "recruitment" means initial appointment

otherwise than by promotion or transfer. The Federal Public Service Commission
(Functions) Rules, 1978 which prescribe the posts in connection with the affairs
of the Federation recruitment to which should be made through the Commission.
These rules provide that all posts in BPS 16 and above which are filled by direct
recruitment shall be filled through the Federal Public Service Commission. The
rules also provide that appointments against these posts may be made on ad hoc
basis, independently of the Commission for a period of six months but an
extension for a further period of six months may be given, with the approval of the
Commission, if a requisition for filling the posts was sent to the Commission
within one month of the filling of the post on ad hoc basis. The Ministries and
Divisions are requested to ensure that all posts in BPS 16 and above falling in the
direct recruitment quota should, as in the past, continue to be filled through
Federal Public Service Commission. No extension in ad hoc appointments would
be given unless a requisition has been placed with the Commission and
Commission's approval to the extension of the ad hoc appointment for a further
period of six months has been obtained by the Ministry concerned.

[Authority.- Paras 1 and 2 of Estt. Division’s O.M.No.11/2/78-D.V., dated 27-8-1978].


For Section 7, as amended.
 1009

4.2 Consultation with FPSC in

Matters of Appointment

Reference.— Section 7 of the Federal Public Service Commission

Ordinance, 1977 (No. XLV of 1977).

x x x x x x

2. The Federal Public Service Commission (Functions) Rules, 1978

which prescribe the posts in connection with the affairs of the Federation
recruitment to which should be made through the Commission. These rules
provide that all posts in BPS 16 and above which are filled by direct recruitment
shall be filled through the Federal Public Service Commission. The rules also
provide that appointments against these posts may be made on ad-hoc basis,
independently of the Commission for a period of six months but an extension for
a further period of six months may be given, with the approval of the Commission,
if a requisition for filling the post was sent to the Commission within one month of
the filling of the post on ad hoc basis. The Ministries and Divisions are requested
to ensure that all posts in BPS 16 and above falling in the direct recruitment quota
should, as in the past, continue to be filled through Federal Public Service
Commission. No extension in ad hoc appointments would be given unless a
requisition has been placed with the Commission and Commission's approval to
the extension of the ad hoc appointment for a further period of six months has
been obtained by the Ministry concerned.

3. It will also be observed from clause (b) of section 7 of the Federal

Public Service Commission Ordinance, 1977, that the Commission will advise the
President on matters relating to qualifications for, and methods of recruitment to,
the services and posts recruitment to which is required to be made through the
Commission. This being a statutory requirement should invariably be observed. It
is open to the Ministry/Division concerned either to make a simultaneous
reference on the subject to the Establishment Division and the Federal Public
Service Commission, or to first consult the Establishment Division and thereafter
make a reference to the Commission. If there have been any cases after the
22nd December, 1977 when the F.P.S.C. Ordinance came into force, where the
concurrence of Establishment Division was obtained but not that of the
Commission, an immediate reference may now please be made to the
Commission so that the requirements of the statute are complied with. Attention
in this connection is also invited to the Federal Public Service Commission's
Circular letter No.F. 12/1/78-S, dated 12th August, 1978.

[Authority.- Estt. Division’s O.M.NO.1/2/78-DV, dated 27-8-1978].

 1010

4.3 Consultation with Federal Public

Service Commission in Respect
of Recruitment Rules

It will be observed from clause (b) of section 7 of the Federal Public

Service Commission Ordinance, 1977, that the Commission will advise the
President on matters relating to qualifications for, and methods of recruitment to,
the services and posts recruitment to which is required to be made through the
Commission. This being a statutory requirement should invariably be observed. It
is open to the Ministry/Division concerned either to make a simultaneous
reference on the subject to the Establishment Division and the Federal Public
Service Commission, or to first consult the Establishment Division and thereafter
make a reference to the Commission. If there have been any cases after the
22nd December, 1977 when the F.P.S.C. Ordinance came into force, where the
concurrence of Establishment Division was obtained but not that of the
Commission, an immediate reference may now please be made to the
Commission so that the requirements of the statute are complied with. Attention
in this connection is also invited to the Federal Public Service Commission's
Circular letter No.F.12/1/78, dated 12.8.1978.

[Authority.- Para 3 of Estt. Division’s O.M.No.11/2/78-DV., dated 27-8-1979].

4.4 Procedure for Rejection of the

Advice of the Federal Public
Service Commission

In supersession of the Cabinet Secretariat (Establishment Branch) Office

Memorandum No. 10/3/50-SEII, dated the 13th June, 1950, on the subject of the
convention regarding acceptance of the advice of the Federal Public Service
commission, the government have been pleased to decide that the advice of the
Federal Public Service Commission in a case referred to it shall be accepted by
the Ministry/Division/Department concerned, subject to the provisions of para 2,
below.

2. Where a referring Ministry, Division or Department disagrees with

the advice given, it shall communicate the reasons for disagreement to the
Commission, and after the Commission has expressed its further views in the
matter, the case will be submitted for decision to the President through the
Establishment Division.

[Authority.- Estt. Division’s O.M. No. 3/3/59-E VII, dated 4-6-1960].

 1011

4.5 Procedure for Recruitment Through

Federal Public Service Commission

A perusal of the Federal Public Service Commission (Functions) Rules would

show that the functions of the Commission have been confined to initial recruitment to
posts in BPS 16 and above (corresponding to what were previously known as
Gazetted Class II* and Class I posts) with certain exceptions as in the Schedule. The
Commission will not be concerned with appointment made by promotion or transfer.
The previous practice of referring cases of first appointment to Class I posts (now BPS
17 and above) made through promotion shall, therefore, be discontinued.
Appointments for limited periods on contract basis will also be outside the purview of
the Commission. This power, however, will not be exercised except with the approval
of the Prime Minister.
[Authority.- Para 2 of Estt. Secretary's d.o. letter No.1/9/73-F,IV, dated 22-10-1972].

4.6 Withdrawal or Change of Requisition by the

Administrative Ministries/ Divisions/Departments
for Posts Already Advertised by the Commission

It has been decided that:-

(i) The requests received from Ministries/Divisions, Departments for

withdrawal of cases wherein interviews have been started or
nominations finalised would not be accepted. The sponsoring
Ministry/Division/ Department should appoint the Commission's
nominees even if the abolished post(s) had to be revived.

(ii) Other requests for withdrawal of requisitions would be entertained

on the basis of merit of each case if the prescribed procedure has
been followed.
[Authority.- Para 4(i)&(ii) of Estt. Division’s O.M. No.10(6)91/CP-I, dated 28-7-1991].

4.7 Supply of Character Rolls

to the Commission

The Commission have noticed that many Character Rolls they receive in
connection with selections, appointments, etc., are incomplete. Sometimes,
reports for several years are missing, making it difficult for the Commission to
determine the suitability of the officers concerned for the posts for which they are
being considered. The Commission, therefore, request the Ministries/Divisions to
satisfy themselves that Character Rolls are complete and up-to-date before
sending them to the Commission.
[Authority.- FPSC’s O.M.No.F.16/17/53-S, dated 24-4-1953].

* Class II= BPS 16, Class I = BPS 17 and above.

 1012

4.8 Furnishing of Character

Rolls to FPSC

The Commission have further noticed that many Character Rolls are sent
by the Ministries/Divisions etc. after long delays and several reminders from the
Commission's Office. The Commission cannot finalize a recruitment until they
have seen the Character Rolls of the candidates who are in government service.
It is, therefore, requested that the Ministries/Divisions and the Heads of the
Departments should forward the Character Rolls as quickly as possible on
demand by the Commission.
[Authority.- FPSC’s O.M.No.F.1/30/53-R, dated 6-12-1956].

Sl. No. 5

Nomination of Departmental Representatives to Assist the Commission at

the Interviews for Various Posts

The Federal Public Service Commission has observed that the

government's instructions are not being followed strictly by the Ministries/
Divisions/Departments while nominating Departmental Representatives to assist
the Commission at the interviews for recruitment to various posts. The
Commission has also noted with profound regret that its requests to Ministries
etc. concerned to nominate Departmental Representatives of relevant trades
(subject wise) of sufficiently higher status i.e. not below the rank of Joint
Secretary and or technical head of the line are not being complied with.

2. Recently, during interviews of candidates for certain technical/

specialist posts, the Departmental Representatives deputed to assist the
Commission were officers on administrative side, who were not sufficiently senior
in their own departments and/or qualified in technical line. In order to assess the
professional competence of the candidates properly and accurately, it is
necessary that senior officers of technical departments with requisite
qualifications are deputed by the Ministries/etc. to assist the Commission at the
interviews for appointment to the scientific, technical and specialist posts. One of
the drawbacks of government representation at junior level is obvious from some
instances in which the Ministries/Divisions/Departments find it necessary to
repudiate the contribution made by their own representatives at the interviews, on
the grounds that they were not sufficiently experienced and, therefore, could not
represent the point of view of their Ministries/Divisions/Departments
authoritatively.

3. The Commission fully realises that, from the point of view of

Departmental Representatives, interviewing of candidates at the four normal
centres viz: Peshawar, Islamabad, Lahore and Karachi, is a time consuming job,
in order to finish one complete cycle for any appointment. For *Grade 18 and

* BPS.
 1013

above posts, the Commission generally conducts interviews at one centre, but for
others the Commission has to go to each place of interviews.

4. In repeating its invitation to the Ministries etc. the Commission hopes

earnestly that, at the interviews fixed by the Commission for selection of their
candidates, their representation will invariably be not below the rank of Joint Secretary
or head of technical department.

5. In case of technical posts, the Commission would request that the

heads of technical departments concerned should invariably be nominated for
this purpose who will take full responsibility for giving the views of his department
to the Commission. It is further requested that, as far as possible, the same
representative should be deputed at all interview centres for a particular post, in
order to ensure uniformity of standards. If the Ministries/Divisions/Departments
are not in a position to nominate a suitable Departmental Representative of the
right status, then the Commission will do without him and issue the
recommendations for appointment without such help.
[Authority.- FPSC’s O.M.No.F.1/20/80-RIV, dated 19-4-1981].

5.1 Variation Between Views of Departmental

Representatives at the Interview and
Commission's Advertisements for
Various Posts

There have been some cases where Departmental Representatives

have, before an interview, suggested that they choose person with a particular
qualification. This particular qualification has no particular emphasis in the
advertisement and, therefore, it is grossly unfair on the candidates who come in
response to that advertisement.

3. As far as the Commission is concerned, it only relies on the recruitment

rules. It would be in the interest of departments to review their recruitment rules so that
there is no conflict between the recruitment rules and the Departmental
Representatives. The Commission will, while taking the advice of the Departmental
Representative, reserve the right to recommend only those who are in line and in
accordance with the advertisement.
[Authority.- Paras 1 & 3 of FPSC’s letter No. F.1/35/78-RIV dated 29-1-1979].

5.2 Criteria for Counting of Prescribed

Length of Experience for Recruitment
to Various Posts

Attention is invited to the Establishment Division's O.M. No. 39/3/75-DV

(Pt), dated the 22nd October, 1976, and clause 'c' of para 19 of the
"INSTRUCTIONS TO CANDIDATES". A copy of these instructions is duly
supplied to the candidates alongwith the prescribed application forms. In all the
 1014

posts which are advertised by the Commission for selection on the basis of
interview only, certain period of experience is generally prescribed for such posts,
alongwith academic qualifications. In such cases, the Commission considers that
experience relevant which is obtained after acquiring the minimum prescribed
educational qualifications for the post. Experience obtained before acquiring the
minimum prescribed educational qualification, even if it is of the same line, is not
taken into consideration.

2. The above procedure has often resulted in the rejection of

candidates who happen to be the ad hoc incumbents of the post or employed in
some other capacity in the same department. Applications of all the candidates
are duly considered by the Commission but candidates who fall short of the
required experience after the prescribed minimum academic qualifications are not
called for interview. This results in the representations from the candidates or
even from the departments who are keenly interested in the regularization of their
ad hoc incumbents. The Establishment Division memorandum referred to above
and a copy of the `INSTRUCTIONS TO THE CANDIDATES' is, therefore,
brought to the notice of the department to enable them to know the procedure
being followed by the Commission for pre-selection of candidates for interview,
etc. For obvious reasons, the Commission cannot deviate from the procedure
once laid down and known to all.

3. However, there may be cases in which experience gained before

acquiring the prescribed minimum educational qualifications may also be
considered relevant by Ministries, etc. For example, for a medical post where
post-graduate Diploma is prescribed as a minimum qualification, the experience
gained after the Medical Degree but before the Diploma is often considered as
relevant if so prescribed in the Commission's advertisement.

4. The Ministries/Divisions are, therefore, requested that wherever

they consider that the experience gained before acquiring the minimum
prescribed educational qualification should also be accepted as relevant, this
should be made clear while forwarding the requisitions for the posts and full
justification may be given for providing this relaxation in the interest of service.
The departments will also be required to certify that this relaxation of the general
procedure had the approval of the Secretary of the Ministry/Division concerned.
The Commission after due consideration of the proposal may agree to advertise
this condition in its advertisements, so that the candidates concerned should
know it before applying for the posts. Unless such a clearance is given in the
requisition for the posts concerned and advertised by the Commission
accordingly, it will not be possible for the Commission to deviate from the general
practice stated above.
[Authority.- FPSC’s letter No.F.8/13/81-S, dated 08-7-1981].
 1015

5.3 Introduction of Identity Card Code Number

in the Application Forms Used for Recruitment
Through the FPSC

At the time of launching the National Registration Scheme in July, 1973, it

was envisaged that, besides the technical aspect of the utility of scheme as a source
for demographic data, the scheme was also to serve various administrative purposes.
Upto the end of October, 1976, more than 60 per cent of the total population has been
covered. Response from the urban areas had been particularly high in the early days
of inception of the scheme. However, with increase in the ratio of coverage, a decline
in receipt of application forms has been observed. All out efforts are being made to
complete the initial coverage at the earliest for which various ways and means are
being adopted. One such step which can go a long way and can help the Directorate
General of *Registration in making the job easy is to make it compulsory that
whosoever applies for any job in the Provincial Government must indicate his identity
card code number. This will ensure that people get themselves registered. Suggested
place in the prescribed form for inclusion of identity card code number is immediately
below the column where name of the applicant has been asked.

2. It is requested that a separate column of identity card code number

may please be introduced in various application forms being used by the
Provincial Government for appointment purposes.
[Authority.- Estt. Division’s Letter No.1/43/76-T.III, dated 3-1-1977].

Sl. No. 6

Channel of Communication Between the Ministries, Departments, etc. and

the Commission

Attention of the Ministries/Divisions, etc. is invited to para 2 of **Appendix

"B" to the Secretariat Instructions which runs as follows:-

"All references shall be made direct to the Commission by the

Division/Department in the form of an official letter addressed to the
Secretary and with which all relevant papers shall be forwarded, provided
that no reference which is not obligatory under the rules and instructions
regarding consultation with the Commission shall be made, save with the
previous concurrence of the Establishment Division and in cases
involving financial considerations of the appropriate authority as well.
Before a case is referred to the Establishment Division, the Division/
Department shall place in the file the draft of the letter proposed to be
submitted to the Commission".

* The function now performed by National Database Registration Authority (NADRA).

**See Instruction 47 (p.11) & Appendix ‘B’ (p25), Secretariat Instructions, Pakistan Public
Administration Research Centre (PPARC), Management Services Wing, Establishment Division,
Islamabad, Edition, 2004.
 1016

2. It is requested that all communications intended for the Federal

Public Service Commission should be sent in the form of an official letter. The
Commission act as a corporate body and, therefore, letters should not be
addressed to the Chairman or Members of the Commission individually, but
should be addressed to the Secretary of the Commission.

[Authority.- FPSC’s O.M.No.F.16/47/55-S, dated 24-9-1955].

6.1 Grant of Ex-Officio Status of Joint Secretary to

Secretary, Federal Public Service Commission

The Secretary, Federal Public Service Commission is granted ex-officio

status of Joint Secretary to the Government of Pakistan in the Establishment
Division with immediate effect.

[Authority.- Estt. Division’s Notification No. 12/5/59-SE. II, dated 2-5-1959].

6.2 Grant of Ex-Officio Status of Joint Secretary to

Secretary, FPSC and Disposal of Work by Him

In pursuance of the decision to grant ex-officio status of Joint Secretary

to the Government of Pakistan in the Establishment Division to the Secretary,
Federal Public Service Commission, the following work relating to the
Commission, which was hitherto being handled by the Establishment Division, will
henceforth be disposed of by the Secretary, Federal Public Service Commission
in his capacity as ex-officio Joint Secretary:

(i) All cases relating to the budget and staff of the Federal Public
Service Commission.

(ii) Appointment, terms of service, etc. of the officers of the Federal

Public Service Commission upto the rank of Deputy Secretary.

(iii) Other administrative matters, such as office accommodation, etc. of

the Federal Public Service Commission.

2. In view of the position detailed above, the Ministry of Finance, etc.

are requested to correspond direct with the Secretary, Federal Public Service
Commission in regards to the above matters. It is also requested that copies of
relevant circulars, etc. issued by the Ministries/Divisions may be sent to the
Commission direct.

[Authority.- Estt. Division O.M. No. 11/13/59-Admn. II, dated 11-5-1959].

 1017

Sl. No. 7

Federal Commission for Selection of Heads of Public Sector Organizations

(FCHPSO)

WHEREAS the Supreme Court of Pakistan, in the case of Khawaja

Muhammad Asif Vs Federation of Pakistan and other, (Petition No. 30/2013) has
directed the Federal Government to constitute a Commission to ensure
transparency in the appointments of heads of statutory bodies, autonomous or
semi-autonomous bodies, regulatory authorities and organizations established by or
under the control of the Federal Government, hereinafter referred to as the “Public
Sector Organizations”, so as to ensure that the appointments in such like
organizations are made on merit, fairness, openness and in a transparent manner,
to improve professional quality and political neutrality of such appointments;

NOW, THEREFORE, the Federal Government, in compliance of the

directions of the Supreme Court of Pakistan in the said judgment, hereby constitute
a Commission to be known as the Federal Commission for Selection of Heads of
Public Sector Organizations (FCHPSO), hereinafter to as the Commission.

1. Composition of the Commission.— (1) The commission shall

comprise the following:-

(i) Federal Tax Ombudsman - Chairman

(ii) Mr. Shams Kassim Lakha - Member
(iii) Dr. Ijaz Nabi - Member

(2) Secretary, Establishment Division and Secretary of the Ministry/

Division concerned under the Rules of Business, 1973 shall be ex-officio members
of the Commission.

(3) Additional Secretary, Establishment Division, shall function as

Secretary of the Commission.

(4) The Establishment Division shall be the Secretariat of the

Commission.

(5) The Chairman, ex-officio Members and Secretary of the Commission

shall function in honorary capacity and shall not be entitled to any additional perks
and privileges. Terms and conditions of appointment of non-official members would
be determined separately.

(6) The decisions of the Commission shall be expressed in terms of the

majority, and in case of equality of vote; the Chairman shall have a casting vote.
 1018

(7) No proceedings or act of the Commission shall be invalid merely on

the ground of the existence of a vacancy, or defect, in the constitution of the
Commission.
2. Status of the Commission.— The Commission shall be completely
independent in its functioning.

3. Advertisement of the post.—(1)The Ministry/Division concerned

shall advertise the post to be filled and the applications received shall be short listed
by a national or international human resource consulting firm.

(2) The human resource consulting firm shall be the one selected by a
committee headed by Secretary, Cabinet and consisting of Secretaries
Establishment, Finance and law, on merit through open advertisement.

4. Function of the Commission.— The commission shall:-

i. Implement a Code of Practice that sets out the principles and core
processes for fair and transparent merit-based selections;
ii. Report publicly on an organization’s compliance with the Code of
Practice;
iii. Investigate complaints about unfair appointment process;

iv. Issue an annual report giving detailed information about appointments

processes, complaints handled, and highlights of the main issues
which have arisen during the previous year;

v. Take any other measures deemed necessary for ensuring that

processes for selections that fall in its purview are conducted
honestly, justly, fairly and in accordance with law;

vi. Recommend to the concerned authority for appointment of person(s)

selected by it which recommendation of the commission shall be
binding.

5. Code of Practice.—The following Code of practice shall be observed

by all concerned:-
PART-I

i. The appointments shall be made in a transparent manner and shall

be merit-based.

ii. All appointments falling in the purview of the Commission shall be

governed by the overriding principle of selection based on merit from
amongst individuals whose abilities, experience and qualities have a
proven record and best match the need of the concerned
organization.
 1019

iii. No appointment, falling in the purview of Commission, shall take

place without first being recommended by the Commission.

iv. The appointments procedures shall be subjected to the principle of

proportionality, that is, what is appropriate for the nature of the post
and the size and weight of its responsibilities.

v. Those, selected must be committed to the principles and values of

public service and perform their duties with highest level of integrity.

vi. The Commission may, from time to time, conduct an inquiry into the
policies and procedures followed by an appointing authority in relation
to any appointment.

vii. The appointment of the successful candidate shall be publicized.

PART-II

viii. Holders of public office shall not place themselves under any financial
or other obligation to outside individuals or organizations that might
seek to influence them in the performance of their official duties.

ix. In carrying out public business, including making public appointments,

awarding contracts, or recommending individuals for rewards and
benefits, holders of public office shall make choice solely on merit.

x. Holders of public office are accountable for their decisions and

actions to the public and must submit themselves to whatever scrutiny
is appropriate to their office.

xi. Holders of public office shall be as open as possible about all the
decisions and actions that they take. They shall give reasons for their
decisions and restrict information only when the wider public interest
clearly demands.

xii. Holders of public office have a duty to declare any private interests
relating to their public duties and to take steps to resolve any conflicts
arising in a way that protests the public interest.

xiii. Holders of public office shall promote and support these principles by
leadership and example.

5. Selection Committees.—The Commission may constitute Selection

Committees from amongst its Members. The Selection committees shall function in
accordance with the procedure laid down by the Commission.

6. Procedures.— The Commission may, in consultation with the

Federal Government, lay down procedures for carrying out the aforesaid purposes.
 1020

7. Schedule.—The Schedule containing names of the concerned Public

Sector Organizations is added hereto. The Federal Government may amend the
Schedule as and when required.

(Abdul Latif)
Deputy Secretary to the
Government of Pakistan.
 1021

SCHEDULE
(See para 7 Sl.No.7)
PUBLIC SECTOR ORGANIZATIONS

CABINET DIVISION

1. National Electric Power Regulatory Authority, Islamabad. NEPRA

2. Oil and Gas Regulatory Authority, Islamabad. OGRA
3. Public Procurement Regulatory Authority. PPRA
4. Pakistan Telecommunication Authority. PTA

COMMERCE DIVISION

5. National Insurance Company Limited, Karachi. NICL

6. Trade Development Authority of Pakistan. TDAP
7. Pakistan Re-insurance Corporation, Karachi. PRCL
8. State Life Insurance Corporation of Pakistan, Karachi. SLIC
9. Pakistan Horticulture Development and Export Company PHDEC

AVIATION DIVISION

10. Pakistan International Airline Corporation. PIAC

FINANCE DIVISION

11. Competition Commission of Pakistan. CCP

12. Security Exchange Commission of Pakistan. SECP
13. House Building Finance Corporation, Karachi. HBFC

NATIONAL FOOD SECURITY AND RESEARCH DIVISION

14. Pakistan Agriculture Storage & Services Corporation. PASSCO

15. Pakistan Agriculture Research Council. PARC

NATIONAL HEALTH SERVICES, REGULATIONS AND COORDINATION

DIVISION

16. Pakistan Medical & Dental Council, Islamabad. PMDC

17. Drug Regulatory Authority of Pakistan. DRAP

RELIGIOUS AFFAIRS AND INTER-FAITH HARMONY DIVISION

18. Evacuee Trust Property Board. ETPB

HOUSING AND WORKS DIVISION

19. National Construction Limited. NCL

 1022

INDUSTRIES AND PRODUCTION DIVISION

20. Engineering Development Board. EDB

21. ENAR Patrotech Services (Pvt.) Limited ENAR
22. Pakistan Industrial Development Corporation, Karachi PIDC
23. Pakistan Steel Mills Corporation Ltd. Karachi PAML
24. Pakistan Industrial Technical Assistance Centre. PITAC
25. National Fertilizer Corporation. Lahore. NFC
26. State Engineering Corporation, of Pakistan Islamabad. SEC
27. Small and Medium Enterprises Development Authority. SMEDA
28. State Cement Corporation of Pakistan, Lahore. SCCP
29. Utility Stores Corporation of Pakistan, Islamabad. USC
30. National Fertilizer Marketing Limited. NFML

INTERIOR DIVISION

31. National Database and Registration Authority, Islamabad. NADRA

INFORMATION, BROADCASTING & NATIONAL HERITAGE DIVISION

32. Pakistan Television Corporation. PTVC

33. Pakistan Electric Media Regulatory Authority. PEMRA
34. Lok Virsa, Islamabad. Lok Virsa

INFORMATION TECHNOLOGY & TELECOM DIVISION

35. National Telecommunication Corporation (NTC) NTC

36. Pakistan Software Export Board, Islamabad PSEB
37. Telephone Industries of Pakistan. TIP
38. Telecom Foundation, Islamabad. TF

INTER PROVINCIAL AND COORDINATION DIVISION

39. Pakistan Tourism Development Corporation, Islamabad. PTDC

PRIME MINISTER’S OFFICE

40. Pakistan Bait-ul-Mal (PBM), Islamabad PBM

PETROLEUM AND NATURAL RESOURCES DIVISION

41. Lakhra Coal Dev. Company. LCDC

42. National Refinery Limited. NRL
43. Oil and Gas Development Company Limited OGDCL
44. Pakistan Mineral Development Corporation. PMDC
45. Pakistan State Oil Company Ltd. PSOCL
 1023

46. Pak Arab Refinery Company. PARCO

47. Pakistan Petroleum Limited. PPL
48. Sui Southern Gas Company Limited. SSGCL
49. Sui Northern Gas Pipelines Ltd. SNGPL
50. Thar Coal Mining Company. TCMC

RAILWAYS DIVISION

51. Railway Construction Pakistan limited, Lahore RAILCOP

52. Pakistan Railways Advisory and Consultancy Services Ltd. PRACS
53. Railway Estate Development and Marketing Company. REDAMCO

WATER AND POWER DIVISION

54. Alternative Energy Development Board. AEDB

55. National Power Construction Corporation (Pvt) Ltd, Lahore NPCC
56. National Engineering Service of Pakistan (Pvt) Limited NESPAK
57. Pakistan Electric Power Company (Pvt) Limited. PEPCO
58. National Transmission & Dispatch Company NTDC

[Authority:- Estt: Div.’s Notification No. 6/4/1996.R-3 dated 22-7- 2013]

7.1 Withdrawal of Federal Commission

for Selection of Heads of Public
Sector Organizations

W HEREAS, the Federal Commission for Selection of Heads of Public Sector

Organizations was constituted in the light of orders of Supreme Court of Pakistan
dated 12-06-2013 passed in Constitution Petition No. 30/2013 filed by Khawaja
Muhammad Asif Vs Federation of Pakistan and Others.

2. W HEERAS the Supreme Court of Pakistan in its order dated

14-11-2014 in Civil Petition No. 2124 of 2013 and CMAs No. 1079 & 4821 of 2014
Ghulam Rasool Vs Federation of Pakistan has held that appointment of a
Commission and the power to make recommendations for such appointments is not
in accordance with Article 90 of the Constitution of Islamic Republic of Pakistan
where the power of appointment has been vested in the Federal Government.

3. W HEREAS it has also been held that the matter of appointment of

Heads of Statutory Bodies, autonomous/Semi-autonomous Bodies/Corporations/
Regulatory authorities etc. are governed under the specific statutory provisions
which cannot be overlooked or substituted by some other mechanism.

4. W HEREAS it has also been clarified that it is the exclusive preserve of

the Federal Government to appoint Heads of Statutory Bodies, Autonomous/Semi
Autonomous Bodies, Corporations, regulatory Authorities etc. as also to make
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appointments on merits under the Acts/Ordinances wherein certain criteria has

been laid down for such purpose.

5. NOW, THEREFORE, in compliance of the observations of the Supreme

Court of Pakistan in its order in Civil Petition No. 2124 of 2013 and CMAs No. 1079
& 4821 of 2014 Ghulam Rasool Vs. Federation of Pakistan dated 14-11-2014, this
Division’s Notification No. 6/4/94-R-III dated 22-07-2013, is hereby withdrawn by
the Federal Government with immediate effect.

[Authority:— Estt. Div.’s Notification No.6/5/2013-R-III dated 12-3-2015]

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