Section 3: Tribunals

3. Tribunals. — [(1) The President may, by notification in the official Gazette, establish one or more Service Tribunals as hereinafter provided and, where there are established more than one Tribunal, the President shall specify in the notification the territorial limits within which, or the class or classes or cases in respect of which, each such Tribunal shall exercise jurisdiction under this Act.] (2) A Tribunal shall have exclusive jurisdiction in respect of matters relating to the terms and conditions of service of civil servants, including disciplinary matters. 1 For Statement of Objects and Reasons, see Gaz. of P., 1973, Ext., Pt. III p. 1479. 2 Subs. by the Service T ribunals (Amdt.) Act, 1974 (31 of 1974). s. 2, for the original cl. (a). 3 Added by the Service T ribunals (Amdt.) Act, 1997 (17 of 1997), s. 2.”; 4 Omitted by Act II of 2010 s. 2. 5 Subs. by Act IV of 2014, s. 2. 1[(3) A Tribunal shall consist of⎯ (b) a Chairman, being a person who has been, or is qualified to be judge of a High Court; (c) such number of members not less than three, each of whom is or has been⎯ (i) a District Judge; or (ii) a person who for a period of less than two years has held a post in BS­21 or above or equivalent under the Federal Government or a Provincial Government with adequate quasi­judicial or legal experience, preference being given to a person having background of dealing with service matters; or (iii) an Advocate qualified for appointment as Judge of a High Court.] 1[(4) The Chairman and members of a Tribunal shall be appointed by the President for non­extendable term of three years on such other terms and conditions as the President may determine: Provided that where a serving District Judge or a civil servant is ap pointed as a member he shall hold office for a term of three years or till the date of superannuation, whichever is earlier.] (5) The Chairman or a member of a Tribunal may resign his office by writing under his hand addressed to the President. (6) The Chairman or a member of a Tribunal shall not hold any other office of profit in the service of Pakistan if his remuneration is thereby increased. 1[(7) At any time when⎯ (i) the Chairman of a Tribunal is absent or is unable to perform the functions of his office due to any cause; or (ii) office of the Chairman is vacant, the most senior of the other members of a Tribunal shall act as Chairman till the Chairman resumes his office or the regular Chairman is appointed as the case may be.] 2[3A. Benches of the Tribunal. —(1) The powers and functions of a Tribunal may be exercised or performed by Benches consisting of not less than two members of the Tribunal, including the Chairman, constituted by the Chairman. (2) If the members of a Bench differ in opinion as to the decision to be given on any point,— 1Subs. by Act IV of 2014,s.2. 2Section 3A ins. by Ord. 9 of 1978, s. 3. (a) the point shall be decided according to the opinion of the majority; (b) if the members are equally divided and the Chairman of the Tribunal is not himself a member of the Bench, the case shall be referred to the Chairman and the decision of the Tribunal shall be expressed in terms of the opinion of the Chairman; and (c) if the members are equally divided and the Chairman of the Tribunal is himself a member of the Bench, the opinion of the Chairman shall prevail and the decision of the Tribunal shall be expressed in terms of the opinion of the Chairman.]

Effective date: 1973-01-01

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