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Amendment of section 3 of Ordinance III of 20

Act: Balochistan Province Removal From Service (Special Powers) Ordinance 2001

Section Provisions

ORDINANCE XV OF 2001 BALOCHISTAN PROVINCE REMOVAL FROM SERVICE (SPECIAL POWERS) ORDINANCE, 2001 ORDINANCE XV OF 2001 An Ordinance to amend Balochistan Province Removal from Service (Special, Powers) Ordinance, 2000 [Gazette of Balochistan, Extraordinary, 25th July, 2001] No. Legis.-1-119(Law)/2000, dated 25-7-2001.----The following Ordinance made by the Governor of Balochistan on 21st July, 2001, is hereby published for general information: -- 3. Amendment of section 3 of Ordinance III of 20.-----In the said Ordinance, in section 3,--- (1) in subsection (1),-- (a) in the marginal heading for the words and comma "Removal/suspension" the words and commas "Dismissal, removal and compulsory retirement etc."' shall be substituted; (b) In clause (a), after the word "or" occurring for the second time, the words and semi-colon "is guilty of being habitually absent from duty without prior approval of leave; or" shall be added; ' (c)(i) in clause (c), in sub-clause (i), for the word "resources" the word "sources" shall be substituted; (ii) after subs-clause (iii) the following new, sub-clause shall be added namely:-- "(iv) he has entered into plea bargaining under any law for the time being in force and has returned the assets or gains acquired through corruption or corrupt practices voluntarily of" (d) after clause (e) for the words "the official gazette" the word "writing" shall be substituted; (e) the proviso shall be omitted: and (2) For subsection (2) the following shall be substituted, namely:-- "(2) before passing an order under subsection (1), the competent authority shall,-- (a) by order in writing, inform the accused of the action proposed to be taken in regard to him and the grounds of the-action; and (b) give him a reasonable opportunity of showing cause against that action within seven days or within such extended period as the competent authority may determine: Provided that no such opportunity shall be given where the competent authority is satisfied that in the interest of security of Pakistan or any part thereof it is not expedient to give such opportunity: Provided further that no such opportunity shall be given where the accused is dismissed or removed from service or reduced in rank on the ground of conduct which has led to a sentence of fine or of imprisonment or where the competent authority is satisfied for reasons to be recorded in writing that it is not reasonably practicable to give the accused an opportunity of showing cause. (3) The dismissal or removal or premature retirement from service or reduction to lower post or pay scale of a person under subsection (1) shall not absolve such person form liability to any punishment to which he may be liable for an offence under any law committed by him while in service. "