RULE

BALUCHISTAN QAZIS AND MEMBERS, MAJLIS﷓E﷓SHOORA (APPOINTMENT AND CONDITIONS OF SERVICE) RULES, 1980 BALUCHISTAN QAZIS AND MEMBERS, MAJLIS‑E‑SHOORA (APPOINTMENT AND CONDITIONS OF SERVICE) RULES, 1980 [Gazette of Baluchistan, Extraordinary, 7th April, 1980] No. SOR(2)90/S & GAD/79.‑In exercise of the powers conferred by Para. 6 of the Baluchistan Civil Disputes (Shariat Application) Regulation, 1976, the Government of Baluchistan is pleased to make the following rules regulating the recruitment to the Baluchistan Civil Service (Qazis and Members, Majlis‑e‑Shoora) and prescribe conditions of service for the persons appointed thereto, namely :‑----- 1. Short title and commencement.‑(a) These rules may be called the Baluchistan Qazis and Members, Majlis‑e‑Shoora (Appointment and Condi tions of Service) Rules, 1980. (b) They shall come into force at once. 2. Definitions.‑(a) "Government" means the Government of Baluchistan. (b) "High Court" means the High Court of Baluchistan. (c) "Chief Justice" means the Chief Justice of High Court of Baluchistan. (d) "Commission" means the Baluchistan Public Service Commission. (e) "Initial Recruitment" means appointment made otherwise than by promotion and/or transfer from other service/department/post. (f ) "Service" means Baluchistan Civil Services (Qazis and Members, Majlis‑e‑Shoora). (g) The term and words used in these Rules but not defined shall have the same meaning as assigned to them in the Baluchistan Civil Servants Act, 1974. 3. Constitution and composition of service.‑The Service shall comprise of two grades ; the upper grade comprising of the post of Member, Majlis‑e Shoora and lower grade comprising of the post of Qazi. 4. Appointing authority.‑‑Appointment to the service shall be made by the Government. 5. Method of recruitment.‑Recruitment to the service shall be trade in the following manner :‑ (a) In the case of Qazis by initial recruitment on the recommendation of the Commission ; (b) In the case of Members Majlis‑e‑Shoora :‑ (i) two‑third vacancies by selection on merit with due regard to seniority from among the Qazis ; and (ii) one‑third by initial recruitment on the recommendation of the Commission. (c) Ad hoc appointments of Qazis and Members Majlis‑e‑Shoora shall be made on the recommendations of the High Court. 6. Age.‑No person, who is less than 28 years or more than 40 years of age, relaxable up to 5 years, shall be appointed to the service by initial recruitment. 7. Qualifications.‑----(a) No person shall be appointed as Qazi by initial recruitment unless he possesses Sanad/Darse Nizami from a recognized Darul Ulum (preferably English knowing) or is Law Graduate from a recognised University and having practised for at least 3 years as an Advocate or pleader. (b) No person shall be appointed as a Member, Majlis‑e‑Shoora by initial recruitment unless he possesses Sanad/Darse Nizami from a recognised Darul Ulum (preferably English knowing) or is Law Graduate from a recognised University having practised for at least 5 years as an Advocate. 8. Probation.‑(a) The persons appointed to the service shall remain on probation for a period of one year in the first instance. (b) If the work or conduct of the member of service during the period of probation has been unsatisfactory, the Government shall, on the recom mendations of the Chief Justice, notwithstanding the period of probation has not expired, dispense with the services of that candidate ; (c) On completion of the period of probation of the Member of the service, subject to. the availability of substantive vacancy, confirm him in his appointment on the recommendation of the Chief Justice. If his work or conduct is, in the opinion of the Chief Justice, not satisfactory, may recommend to the Government to dispense with his services or extend the period of probation not exceeding by one year. (d) If no orders are passed by the day following the day of expiry of initial period of probation, the period of probation shall be deemed to have been extended. 9. Seniority.‑(1) Inter se seniority of the members of the service in various grades shall be determined :‑ (a) In case of the members appointed by initial recruitment, in accordance with the order of merit assigned to them by the Commission: Provided that the persons selected for the service in an earlier selection shall rank senior to the persons selected in the later selection ; and (b) in case of members appointed otherwise, with reference to the date of their continuous appointment therein provided that if the date of continuous appointment in the case of two or more members of the service is the same, the older if not junior to the younger officer in the next below grade shall rank senior to the younger officer. (2) The seniority in various grades of Members of the service appointed by initial recruitment vis‑a‑vis the persons appointed otherwise shall be determined with reference to date of appointment to the service, in the case of persons appointed otherwise. 10. Transfer.‑The members of the service shall be liable to transfer anywhere in the Province of Baluchistan. 11. General Rules.‑In all matters not expressly provided for in these rules, the members of the service shall be governed by such rules as have been or may, hereafter be prescribed by the Government and made applicable to them. 12. Relaxation.‑Any of these rules may, for reasons to be recorded in writing be relaxed in individual cases on the recommendations of the High Court if the Government is satisfied that a strict application of the rule would cause undue hardship to the individual concerned; Provided that wherever such relaxation involves a question on which consultation with the Commission is mandatory, the Commission shall be consulted before the relaxation is made. 13. Repeal.‑----Baluchistan Civil Disputes (Shariat Application) Rules., 1977 shall stand repealed to the extent to which they are inconsistent with these Rules.