Categories
Litigation

Public Procurement Regulatory Authority

The Public Procurement Regulatory Authority is an autonomous body endowed with the responsibility of prescribing regulations and procedures for public procurement by Federal Government owned public sector organizations with a view to improve governance, management, transparency, accountability and quality of public procurement of goods, works and services. It is also endowed with the responsibility of monitoring procurement by public sector agencies/organizations and has been delegated necessary powers under the Public Procurement Regulatory Authority Ordinance.

There is an other separate authorities for each Province at Provincial Level, Our Law Firm has handled many cases of our clients who are generally contractors, whereby the Honourable Superior Courts have directed the Government organizations / authorities to act as per law and avoid favoritism to any of their blue eye contractors. Our Teams has represented the clients in Honourable High Court and Supreme Court of Pakistan.

Categories
Employment

The Civil Servants Act, 1973

The Civil Servants Act, 1973 is an Act to regulate the appointment of persons to, and the terms and conditions of service of persons in, the service of Pakistan.

Appointments to an All-Pakistan Service or to a civil service of the Federation or to a civil post in connection with the affairs of the Federation, including any civil post connected with defence, shall be made in the prescribed manner by the President or by a person authorised by the President in that behalf.

An initial appointment to a service or post not being an ad hoc appointment, shall be on probation as may be prescribed. Any appointment of a civil servant by promotion or transfer to a service or post may also be made in probation as may be prescribed.
Where, in respect of any service or post, the satisfactory completion of probation includes the passing of a prescribed examination, test or course or successful completion of any training, a person appointed on probation to such service or post who, before the expiry of the original or extended period of his probation has failed to pass such examination or test or to successfully complete course or the training shall, except as may be prescribed otherwise,–
(a) if he was appointed to such service or post by initial recruitment, be discharged ; or
(b) if he was appointed to such service or post by promotion or transfer, be reverted to the service or post from which he was promoted or transferred and against which he holds a lien or, if there be no such service or post, be discharged

A person appointed on probation shall, on satisfactory completion of his probation, be eligible for confirmation in a service or, as the case may be, a post as may be prescribed.

A civil servant promoted to a post on regular basis shall be eligible for confirmation after rendering satisfactory service for the period prescribed for confirmation therein.
For proper administration of a service, cadre or [post] the appointing authority shall cause a seniority list of the members for the time being of such service, cadre or [post] to be prepared, but nothing herein contained shall be construed to confer any vested right to a particular seniority in such service, cadre or [post], as the case may be.
The seniority of a civil servant shall be reckoned in relation to other civil servants belonging to the same [service or cadre] whether serving in the same department or office or not, as may be prescribed. Seniority on initial appointment to a service, cadre or post shall be determined as may be prescribed. Seniority in [a post, service or cadre] to which a civil servant is promoted shall take effect from the date of regular appointment to that post:
Provided that civil servants who are selected for promotion to a higher [post] in one batch shall, on their promotion to the higher [post]. retain their inter se seniority as in the lower [post].

A civil servant possessing such minimum qualifications as may be prescribed shall be eligible for promotion to a [higher] post for the time being reserved under the rules for departmental promotion in the service or cadre to which he belongs.
(2) A post referred to in sub-section (1) may either be a selection post or a non selection post to which promotions shall be made as may be prescribed-
(i) in the case of a selection post, on the basis of selection on merit; and
(ii) in the case of a non-selection post, on the basis of seniority-cum-fitness.

Every civil servant is to be liable to serve any where within or outside Pakistan, in any post under the Federal Government, or any Provincial Government or local authority, or a corporation or body set up or established by any such Government. Provided that nothing contained in this section shall apply to a civil servant recruited specifically to serve in a particular area or region :

The service of a civil servant may be terminated without notice-
(i) during the initial or extended period of his probation :
Provided that, where such civil servant is appointed by promotion on probation or, as the case may be, is transferred from one [service], cadre or post to another [service] cadre or post, his service shall not be so terminated so long as he holds a lien against his former post in such [service] cadre or post but he shall be reverted to his former [service], cadre or post as the case may be;
(ii) on the expiry of the initial or extended period of his employment; or
(iii) if the appointment is made ad hoc terminable on the appointment of a person on the recommendation of the selection authority, on the appointment of such person.
(2) Where, on the abolition of a post or reduction in the number of posts in a cadre or [service] the services of a civil servant are required to be terminated, the person whose services are terminated shall ordinarily he the one who is the most junior in such cadre or service.
(3) notwithstanding the provisions of sub-section (1), but subject to the provisions of sub-section (2), the service of a civil servant in temporary employment or appointed ad hoc shall be liable to termination on fourteen days” notice or pay in lieu thereof.
 

A civil servant shall retire from service on the completion of the sixtieth year of his age.

A retired civil servant shall not be re-employed under the Federal Government, unless such re-employment is necessary in the public interest and is made with the prior approval of the authority next above the appointing authority :
Provided that, where the appointing authority is the President, such re-employment may be ordered with the approval of the President.
(2) Subject to the provisions of sub-section (1) of section 3 of the Ex-Government Servants (Employment with Foreign Governments) (Prohibition) Act, 1966 (XII of 1966), a civil servant may, during leave preparatory to retirement, or after retirement from Government service, seek any private employment:
Provided that, where employment is sought by a civil servant while on leave preparatory to retirement or within two years of the date of his retirement, he shall obtain the prior approval of the prescribed authority.

Where a right to prefer an appeal or apply for review in respect of any order relating to the terms and conditions of his service is provided to a civil servant under any rules applicable to him.such appeal or application shall, except as may be otherwise prescribed be made within thirty days of the date of such order.
(2) Where no provision for appeal or review exists under the rules in respect of any order or class of orders, a civil servant aggrieved by any such order -nay. within thirty days of the communication to him of such order, make a representation against it to the authority next above the authority which made the order:
Provided that no representation shall lie on matters relating to the determination of fitness of a person to hold a particular post or to be promoted to a higher post or grade.

 

Fell Free to Contact Us for detailed consultation.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Karachi Office

Office # E-26, Executive Floor,
Glass Tower,
Khayaban-e-Iqbal (Clifton Road),
Teen Talwar, Clifton,
Karachi, Sindh,
Pakistan.

Telephone No.  +92-21-35642634
Mobile Phone No. +92-321-2057582
Mobile Phone No. +92-300-8233580

Email: info@irfanlaw.com
Website: https://www.irfanlaw.com

Law Firm based in Karachi and Islamabad having well experienced Advocates and Lawyers in the fields of Civil Service and Employment Law.
E-26, Executive Floor, Glass Tower, Clifton,
Karachi, Sindh
PK
Phone: 03212057582

Categories
Property Law

Defence Housing Authority DHA Karachi Transfer of Plot to the Legal Heirs

TRANSFER OF PLOT WILL BE CARRIED OUT IN ACCORDANCE WITH THE ISLAMIC LAW OF INHERITANCE FOR MUSLIM MEMBERS AND RESPECTIVE LAW OF INHERITANCE FOR OTHER RELIGIONS.

  • To apply for transfer to Legal Heirs following documents are required to be submitted: –

    • The Legal Heirs apply for the transfer by giving an application and Affidavit on Rs. 20/- stamp Paper.
    • Copy of Death Certificate of deceased duly attested.
    • Original title document. In case the title document is not available due to loss etc the procedure of issue of CTC will be adopted.
    • Fingerprints and three specimen signatures of each Legal Heir on plain papers separately (For Female, right hand and For Male, left hand)
    • Two latest photographs of each Legal Heir duly attested.
    • 1 x attested photocopy of valid CNIC of each Legal Heir. (For minors, attach Form “B” of NADRA).
    • 1 x attested photocopy of CNIC/NIC of deceased.
    • Heirship Certificate duly attested by Justice of Peace/Nazim concerned/1st class Magistrate.
    • In case of more than one Legal Heirs, a consent letter from all the co-sharers be attached, indicating/mentioning the address on which the correspondence is to be made.
    • In case of single heir, Female only or Minors only as legal heirs, the following will also be submitted: –
      • Press publication as per specimen.
      • Affidavits from two reliable witnesses (deceased’s relatives) as per specimen.
  • Submission of Documents. The completed documents may be submitted to DHA By Post or By Hand through any one of the heirs (for heirs outside Karachi ONLY). For heirs residing in Karachi, documents be submitted PERSONALLY by any one of the heirs.

  • Once the legal heir documents have been accepted by the DHA Designated officer, please go over to the Accounts Branch (Cash Counter). The accounts branch will make necessary endorsement on the covering letter and then Transfer Documents be deposited at the Reception Counter. A Receipt will be issued by the Reception Counter.

NOTES

  • After the requirements given above are met, Defence Housing Authority would scrutinize the papers and hand over /post, draft Press Publication to the Legal heir for necessary publication in newspapers published from Karachi and the city/province of the deceased’s residence.

  • In case of any query/clarification, the senior legal heir or any one of the legal heir may be called for interview in DHA.

  • After transfer of property in the names of legal heirs, no further transfer will be made within one year from the date of transfer order.

  • Attestation of Affidavits :

    • Affidavit executed within Karachi be got attested by Oath Commissioner/Notary Public
    • Affidavit executed outside Karachi (within Pakistan) be got attested by 1st class Magistrate.
    • Affidavits executed outside Pakistan be got attested from authorized officer of Pak Embassy abroad / Consulate General.

If you require more information, Feel Free to Contact Us for detailed consultation.

Telephone: 0321-2057582

Website:  http://www.irfanlaw.com

 

Law Firm based in Karachi having well experienced Advocates and Lawyers in the fields of Real Estate and Property Law.
E-26, Executive Floor, Glass Tower, Clifton,
Karachi, Sindh
PK
Phone: 03212057582

Categories
Family Law

Appointment of Guardianship

Appointment of Guardianship

Guardian is appointed under section 7 of Guaridan and Ward Act 1890.  Appointment of Guardianship is made and appoint by the Family Court.Under the section 7 of Guardian & Ward Act 1890 court has power to appoint any person as a guardian of the minor or property or both. When the court is satisfied that it is for the welfare of the minor that on order should be made.
(a) Applying a guardian of his person property or both
(b) Declaring a person to be such guardian, the court may make an order accordingly.
Point of consideration for Guardianship
Court at the time of passing the order will see the both material and moral/spiritual welfare of the minor. Under section 17 of Guardian and Ward Act the following principles are laid down in order to secure the welfare of the minor.

(1) Age
(2) Sex
(3) Religion of the minor
(4) Character and capacity of the proposed guardian
(5) Nearness of kin to the minor
(6) Wishes of the deceased parent
(7) Any existing or previous relation of the propped guardian with the minor or his property
(8) If the minor is old enough to form an intelligent preference that preference has to be considered.
(9) Whether the applicant ion is bonafide or necessary or not.

Classification of Guardian

For the Appointment of Guardianship the following are the classification of Guardians.
1. De jure
2. De facto
Person entitled to apply
1. The person desirous of being or claiming to be, the guardian of the minor or
2. Any relative or friend of the minor or
3. The collector of the district or to her local area within which the minor ordinarily resides or in which he has property or
4. The collector having authority with respect to the class to which the minor belongs
Guardian cannot be appointed in these cases
(a) Of a minor who is a married female and whose husband is not, in the opinion of the court, unfit to be guardian of her person or
(b) Of a minor whose father is living and is not, in the opinion of the court unfit to be guardian of the person of the minor or
(c) Of a minor whose property is under the superintendence of Court of Wards competent to appoint a guardian of the person of the minor.


Categories
Intellectual Property

Intellectual Property Law Firm in Karachi Pakistan

 

Top Law Firms in Karachi PakistanThe Definition of Intellectual Property Rights is the rights which refers to the creations of the human mind such as artistic work; musical work; literary work; inventions; symbols; names; images; designs use in commerce; copyrights; trademarks; patents and related rights. These rights give exclusive right to the creators of such work to use, perform, transfer or sell these rights. On the same hand if any individual, firm, company etc. uses these rights without permission or authority of the owners of theses rights then they have the right to initiate court proceedings against the infringers by way of damages, injunctions and accounts.

Irfan Mir Halepota & Associates specializes in Intellectual Property Laws. We advise on the protection and registration of trademarks, copyrights, patents, industrial designs, geographical indications, Internet domain names, etc. in Pakistan.

Irfan Mir Halepota & Associates also advises on information and technology transfers and drafts and negotiates licensing and franchising agreements.

Irfan Mir Halepaota & Associates has been ranked as one of the top and Best Corporate Law Firms in Pakistan by the Legal 500, HG and other International Directories of Law Firms.

Please Contact Usfor detailed consultation.

For more information visit our website

Website Home page:  http://www.irfanlaw.com

 

Call:          +92 (0)321 205 7582

Law Firm based in Karachi and Islamabad having well experienced Advocates and Lawyers in the fields of Intellectual Property Law.
E-26, Executive Floor, Glass Tower, Clifton,
Karachi, Sindh
PK
Phone: 03212057582

Categories
Property Law Real Estate Deals Tax

Property Valuation FBR State Bank of Pakistan

FBR Pakistan Tax Property ValuationThe Finance Bill 2016 an amendment to Section 68 of Income Tax Ordinance, 2001 had been proposed under which commissioner Inland Revenue had been empowered to reject the collector value of provincial government and appoint valuation committee to ascertain fair market value to determine the income tax.

The amendment seeks to determine fair market value of property without regard to value fixed or notified by any provincial authority for the purpose of stamp or for any other purpose.
Property of posh areas in big cities like Karachi, Lahore, Islamabad which disclosed that the declared value was much lower than the open market value thus causing huge monetary losses to national exchequer.
It is generally observed by the Government Authorities that Property business in big cities had become source of parking undeclared or black money.
The amendment is proposed to be effective from July 01, 2016 but the commissioner IR could able to determine the valuation of past six years as envisaged in the tax laws.
The existing Section 68 explains fair market value as:
(1) For the purposes of this Ordinance, the fair market value of any property or rent, asset, service, benefit or perquisite at a particular time shall be the price which the property or rent, asset, service, benefit or perquisite would ordinarily fetch on sale or supply in the open market at that time.
(2) The fair market value of any property 3[or rent], asset, service, benefit or perquisite shall be determined without regard to any restriction on transfer or to the fact that it is not otherwise convertible to cash.
(3) Where the price referred to in sub-section (1) is not ordinarily ascertainable, such price may be determined by the Commissioner.
Further Section 222 of the Ordinance authorized the commissioner to appoint expert. It said: “The commission may appoint any expert as the commission considers necessary for the purpose of the Ordinance for the purpose of audit of valuation.”

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.