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Amendment of Section 3, Act No. V of 1974
Act: Balochistan Service Tribunals (Amendment) Act 2013
Section Provisions
ACT II OF 2013 ACT II OF 2013 BALOCHISTAN SERVICE TRIBUNALS (AMENDMENT) ACT, 2013 An Act further to amend the Balochistan Service Tribunals Act, 1974 (Balochistan Act, No. V of 1974) [Gazette of Balochistan, Extraordinary, 4th July, 2013] 3. Amendment of Section 3, Act No. V of 1974.---In the said Act, in section 3,-- (a) in subsection (3), for clauses (a) and (b) the following shall be substituted, respectively:- "(a) a Chairman, being a person who has been, or is qualified to be, a Judge of High Court; and (b) two members,--- (i) one from amongst the serving District Judges having not less than three years service as such; and (ii) one from amongst the serving Civil Servants having service of not less than ten years against an executive class I post under the Provincial Government or Federal Government; and prefereably having a legal background: Provided that where the District Judges or the incumbent Civil Servants are not available, the appointment may be made from amongst the persons qualified to be a Judge of High Court"; (b) in subsection (4), after the word "Government" the words and conuna "in consultation with the Chief Justice of the Balochistan High Court," shall be inserted:- (c) in subsection (4), amended as aforesaid, at the end for full-stop a colon shall be inserted and thereafter the following proviso shall be added:-- "Provided that all such appointments shall only be for a single term consisting of a non-extendable period of three years or till the date of superannuation, whichever is earlier in case of a person in service"; (d) in subsection (5), at the end for-the full-stop a colon shall be inserted and thereafter the following proviso shall be added:-- "Provided on resignation by a person, in regular service as District Judge or a Civil Servant, if it has been decided to accept his resignation then the incumbent shall be considered as surrender to his own cadre for further Posting or for such action as the case may be."; and (e) for the omitted subsection (6) the following shall be substituted, namely:-- "(6) it for any reason, the Chairman becomes unable to perform his duties temporarily, the senior most Member of the Tribunal, shall act as Chairman till such time the Chairman resumes his duties."