4

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] 4. Insertion of Section 3-A, Act No. V of 1974.---In the said Act, after section 3, amended as aforesaid, the following new section shall be inserted, namely:-- "Constitution of Benches:-- 3-A (1) Notwithstanding anything contained in section 3, the Chairman may constitute a Bench consisting of himself or one Member only or two Member without the Chairman or the Chairman and a Member and when so constituted a Bench shall be deemed to be a Tribunal: Provided that-- I. Where bench consisting of one Member is to be constituted preference should be given to the Judicial Member; II. Where a bench consisting of two Member is to be constituted it should be comprising of a Judicial Member and the Member from Civil Service or the member other than the Civil Servant; and III. every bench consisting of two Members should be headed by the Judicial Member; (2) If a Bench is unable to arrive at a unanimous decision in an appeal, the matter shall be placed before the Full Tribunal and the decision of the Tribunal shall be expressed in terms of the opinion of the majority: Provided that the Chairman or the Member who was not already on the Bench cannot be associated or is unable for any reason to take part in the hearing of the appeal, the decision of' the Tribunal shall be expressed in terms of the opinion of the Senior Member of the Bench. (3) The Chairman may, at any stage of the hearing of an appeal, withdraw it from the Tribunal and entrust it to a Bench or withdraw any appeal pending before a Bench and make it over to another Bench or to the Tribunal.".