Public Service Commission (Functions) Rules, 1983

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Department: Establishment and Administration Department
Main Category: Rules
Year 1983
Promulgation Date: 22-12-1983
Details:
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GOVERNMENT OF 1[KHYBER PAKHTUNKHWA]
SERVICES AND GENERAL ADMINISTRATION DEPARTMENT
NOTIFICATION
22nd December, 1983
No. SORI(S&GAD)1-99/ 73:- In exercise of the powers conferred by Section 10 of the 2[Khyber Pakhtunkhwa] Public Service Commission Ordinance, 1978 (3[Khyber Pakhtunkhwa] Ord. XI of 1978), and in supersession of the 4[Khyber Pakhtunkhwa] Public Service Commission (Functions) Rules, 1974, the Governor of the 5[Khyber Pakhtunkhwa] is pleased to make the following rules, namely: -
THE 6[KHYBER PAKHTUNKHWA] PUBLIC SERVICE COMMISSION (FUNCTIONS) RULES, 1983
1. Short title and commencement.- (1) These rules may be called the 7[Khyber Pakhtunkhwa] Public Service Commission (Functions) Rules, 1983.
(2) They shall come into force at once.
2. Definition. - In these, rules, unless the context otherwise requires, the following expressions shall have the meaning hereby respectively assigned to them, that is to say –
(a) “Commission” means the 8[Khyber Pakhtunkhwa] Public Service Commission;
(b) “Examination” means a written examination prescribed for initial recruitment to any post or service;
(c) “Government” means the Government of the 9[Khyber Pakhtunkhwa];
(d) “Initial Recruitment” means appointment made otherwise than by promotion or transfer;
(e) “Ordinance means the 10[Khyber Pakhtunkhwa] Public Service Commission Ordinance, 1978;
(f) “Province” means the 11[Khyber Pakhtunkhwa] ;
(g) “Scale” means the Basic Scale of Pay in which a post or group of posts is placed;
(h) “Schedule” means the Schedule to these rules;
(i) “Test” include single paper screening test in the relevant field/ general knowledge
1 Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011.
2 Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011.
3 Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011.
4 Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011.
5 Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011.
6 Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011.
7 Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011.
8 Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011.
9 Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011.
10 Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011.
11 Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011.
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and interview/ viva voce.
3. 12Functions of the Commission. – The Commission shall
(a) Conduct tests and examinations for recruitment of persons to:
i) the civil services of the Province and civil posts in connection with the affairs of the Province in basic pay scales 16 and above or equivalent; and
ii) posts in Basic Scale 11 to 15 or equivalent specified in the following departments (except the District cadre posts):
1. Civil Secretariat (through Establishment Deptt)
2. Board of Revenue.
3. Police Department.
4. Prison Department.
5. Communication & Works Department.
6. Irrigation Department.
7. Industries, Labour, Manpower and Technical Education Department.
8. Health Department.
9. Education Department.
10. Local Government and Rural Development Department.
11. Excise and Taxation Department.
12. Food Department.
13. Physical Planning and Environment Department including Urban Development Department, and
14. Organizations, except autonomous bodies under the Health and Education Department.
(b) To advise the Governor: -
i) on matters relating to qualifications for, and methods of recruitment to, services and posts referred to in clause (a)
ii) on the principles to be followed in making;
1. initial appointments to the services and posts referred to in clause (a)
2. appointment by promotion to posts in BPS-17 and above; and
3. transfer from one service to another; and
12 Rule 3 substituted vide Notification No. SOR.I(E&AD)1-99/73 (Vol.IV) dated 2.11.2002
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(c) deal with any other matter which the Governor may refer to the Commission.
Explanation: - In this rule, recruitment means initial appointment other than by promotion or transfer.”
4. Exception: - Notwithstanding anything to the contrary contained in rule 3, recruitment to the following posts shall be outside the purview of the Commission: -
i) posts in the Governor House;
ii) posts to be filled on ad hoc basis for a period of 13[one year] or less; provided that before filling the posts, prior approval shall be obtained from the Commission;
iii) posts to be filled by re-employing a retired officer; provided that the re-employment is made for a specified period not exceeding two years in a post not higher than the post in which the person was employed on regular basis before recruitment.
5. Advice of the Commission to be ordinarily accepted– The advice of the Commission shall ordinarily be accepted in all matters relating to the functions of the Commission. If it is proposed not to accept the advice of the Commission, the case shall be submitted to the Governor, through the Services and General Administration Department.
6 Screening Test. - In cases where there is no written examination prescribed, the Commission may decrease the number of candidates on the basis of their academic record in accordance with the formula at Appendix “A’ with particular reference to the prescribed zonal allocation or by holding screening test in the relevant field or general knowledge. If it considers that calling all the eligible candidates for the viva voce would entail, on account of disproportionately excessive number of candidates as compared to the vacancies available, an in-ordinate delay or would otherwise be counter productive.”
(ii) One mark shall be deducted for passing an examination in parts.
(iii) Ten marks shall be reserved for distinctions and will be awarded for standing 3rd, 2nd or 1st in University/ Board at the rate of 1, 2 and 3 respectively provided the examination was passed in the first division and was not a supplementary examination.
(iv) In exceptional cases where no division or marks are indicated in a Certificate or Degree, the Commission may adopt a judicious yardstick/ parameters for their relative academic assessment.
7. Report of the Commission. The report to be presented to the Governor under Section 9 of the Ordinance, shall be presented by the Commission by the 31st day of March in each calendar year. In addition to the memorandum referred to in the said section, the Commission may include in the report:
13 words “Six months” replaced with “one year” vide KP PSC (Amendment) Act, 2008 (KP Act No. VI of 2008) dated 9.1.2009.
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(a) the cases in which implementation of the recommendations of the Commission, in its opinion, was delayed;
(b) the cases pertaining to civil litigation, if any, in which the Commission was a party;
(c) details of posts for which adequate number of qualified candidates were not available; and
(d) any suggestion that the Commission considers appropriate for improvement of educational standard and service efficiency.