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
Environment Law

Environmental Laws and Policies in Pakistan

Top Law Firms in Karachi PakistanWe are one of the Pakistan’s leading environmental law firms. Unlike many firms, we have a standalone environment group – not a team that is an add-on to a real estate, planning or energy practice.

Our approach is practical and commercial.  We help our clients assess risk and avoid problems. Where they do have problems, we help solve them. Where damage is inevitable, we strive to limit it, with particular emphasis on protecting reputation and, when necessary, individuals.

We usually work with our clients to avoid litigation. But when we can’t avoid it, our combination of in-depth commercial understanding and criminal advocacy know-how makes us a formidable force. We also have an experience of the appeals system and judicial review.

In non-contentious areas, our environment lawyers do a wide variety of ‘pure’ environmental work, as well as advising on risk assessment and apportionment in corporate, property and financing transactions. They also work closely with our specialists in the areas of planning, energy and International law.

Our clients include European and US investors in the Pakistan, government departments and agencies, local authorities, banks, investment funds, landowners, utility operators, property companies, landfill operators, professional bodies and companies from many other sectors, including manufacturing, waste, chemicals, construction, house building, rail, mining, quarrying, oil and energy.

You can Contact Us for detailed consultation.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Telephone: 0321-2057582

Regular Website:  https://www.irfanlaw.com

Supreme Court of Pakistan, Islamabad.

Submit Your Query For a Legal Advice

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

Categories
About us

Lawyers and Advocates of our Law Firm at Thatta Sindh Pakistan

The Lawyers &  Advocates of Law Firm at Thatta are well trained in the Property Law, Criminal Law, Corporate Law, Family & Divorce Law and Civil Litigations.

Irfan Mir Halepota & Associates is a truly law firm, uniquely positioned to help our clients achieve their ambitions in today’s world. Our Office at Thatta, caters need of our clients based in Thatta.

As a pioneering law firm, our expertise and diverse team of well qualified lawyers consistently deliver results for our clients at Thatta.

In both established and emerging markets, our lawyers are integral, long-standing members of the community, giving our clients insights into the local business environment.

We work with some of the world’s most respected and well-established banks and businesses, as well as start-up visionaries, governments and state-owned entities. Our Team of Advocates and Lawyers at Thatta provide services in following fields of law:-

Civil / Property Litigation

Corporate Law

Criminal Law Litigation

Banking Law Litigation

Bankruptcy or insolvency

Child support or maintenance

Child custody

Court marriage

Divorce & Khula

Family Law matters

Property inheritance matters.

 

Fell Free to Contact Us for detailed consultation.

Telephone: +92 321-2057582

Regular Website:  http://www.irfanlaw.com

Submit Your Query For a Legal Advice

 
Law Firm in Pakistan dealing with Commercial, Intellectual Property and Family Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582


Categories
Court Marriage Family Law

Court Marriage Procedure

Procedure of court marriage is: Girl having age more than 18 years can contract marriage in the court with her own freewill and wish without the will of her parents. Law gives her right.

For court marriage in Karachi, Pakistan only CNIC or any other document i.e. Passport etc is sufficient as proof of girl’s / her age.

The girl has to personally appear in the court who will execute the freewill, which will be attested by the person who is empowered as Magistrate by the Government and on the basis of her freewill her marriage (Nikah) will be performed, the boy and girl have to bring their CNIC or any other documents as proof of age and 6 passport size photographs of each. In other words it can be said Court Marriage in Karachi is very easy.

People of different ages contact us for the purpose of court marriage. Majority of people are young and teenage girls and boy. Elder age mature Man and Woman also contact us for court marriage. Some times Elder age mature man and woman want to keep their marriage secret due to personal reasons. It is our policy not to disclose their contract of marriage with any third party without consent and permission of parties of marriage.

For marriage performance at least two witnesses are required, they must be have their CNIC. The Lawyers at our Law Firm assist the individuals to reach City Court Karachi befofre the concerned authorities and also assist clients for preparation of proper Marriage Documents including Affidavit of Freewill.

 

Fell Free to Contact Us for detailed consultation.

Telephone: 0321-2057582

Regular Website:  http://www.irfanlaw.com

 

Submit Your Query For a Legal Advice

For rapid response you can also submit your Query at WhatsApp on +92 321 205 7582 For a Legal Advice
 
Law Firm in Pakistan dealing with Civil Litigation, Commercial, Intellectual Property, Real Estate and Family Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582

Court Marriage Lawyer in Karachi, Court Marriage Law Firm in City Court Karachi, Court Marriage Procedure in Pakistan, Advocates dealing with Court Marriage in Karachi, Pakistan.

 

Very soon we are opening our branch office in Gulshan-e-Iqbal, if you are any suggestion for location,  we will be thankful for any helpful comments.

Categories
Environment Law

ENVIRONMENTAL TRIBUNAL RULES,

ENVIRONMENTAL TRIBUNAL RULES, 1999

Some Definitions as described in Pakistan Environmental Tribunal Rules as as under :-

“Act” means the Pakistan Environmental Protection Act, 1997

“Bench” means a bench of tribunal comprising the Chairperson
and at least one other Member;

“Chairperson” means Chairperson of the Tribunal;

“Corporation service” means employment in a corporation or other
body set up, established, owned, managed or controlled by the Federal or
a Provincial Government;

“Director General” means the Director-General of the Federal
Agency;

“Member” means member of the Tribunal;

“Service of Pakistan” shall have the same meaning as defined
clause (1) of Article 260 of the Constitution of the Islamic Republic of
Pakistan, 1973;

“Tribunal” means Environment Tribunal established under subsection
(1) of section 20 of the Act and includes a Bench.
(2) All other words and expressions used in these rules but not defined shall
have the same meanings as are assigned to them in the Act.

The term of office of the Chairperson and Members shall not exceed three
years: Provide that the Federal Government may extend the term of office of the
Chairperson or any Member for such period, not exceeding three years, as it may deem fit.

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 Environmental Law.
E-26, Executive Floor, Glass Tower, Clifton,
Karachi, Sindh
PK
Phone: 03212057582

Categories
About us

Legal Advising Section

A legal advisor is typically a lawyer who specializes in offering legal assistance on a variety of matters. While they may sometimes pursue lawsuits and litigation for their clients, the general task of a legal advisor is to ensure that a client’s actions in a particular matter are legal. We work as legal advisor on a freelance basis, as well as counselor to a company, government office or politician, or individual clients in Karachi, Lahore, Islamabad, Hyderabad and Thatta, Pakistan.

We specialize in a various area of law. Family law advisors may provide legal services that concern divorce, custody, and inheritance issues. Employment law is concerned with worker’s compensation issues, workplace harassment or wrongful dismissal suits. As Commercial lawyers in Karachi, Lahore, Islamabad, Hyderabad and Thatta, Pakistan, We serve as advisors to businesses and corporations. Our Lawyers have also specialized in issues such as constitutional law, international law, or public policy.

Lawyers at our Law Firm also serve as a resource for an informed opinion on a legal question. They do research, provide relevant materials, and cite specific laws to help explain a law or craft a plan for a client. In some cases, we assist in preparing paperwork or examining contracts and other documents to help ensure that an action is being done legally. In some cases, we serve as a client’s attorney, representing him or her in court.

Most larger businesses and organizations in Karachi, Lahore, Islamabad, Hyderabad and Thatta employ us as legal advisor to manage contracts and advise on policy. Non-profit groups, hospitals, and school districts often require legal advice to navigate the complicated policy laws that dictate their actions.

Fell Free to Contact Us for detailed consultation.

Telephone: +92 321 2057582

Website:  http://www.irfanlaw.com

Submit Your Query For a Legal Advice

 
Law Firm in Pakistan dealing with Commercial, Intellectual Property and Family Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582


Categories
Election and Political Law

Election and Political Law

In the current enforcement environment, corporations, major political donors, lobbyists, and Political Parties can face unprecedented scrutiny of their compliance,  and government ethics laws.

Irfan Mir Halepota’s Election and Political Law Practice is one of the oldest and most prominent such practices in the Pakistan, specially at Karachi. Individuals and Political Parties turn to Halepota for its credibility and sophistication in providing compliance advice and for their most sensitive election law compliance and enforcement matters.

The firm regularly defends individual persons  and political clients in Election matters before the courts of law and Tribunals specially constituted for Election matters.

In addition to our high-profile enforcement practice, we advise numerous  political party committees,  candidates,  and high net-worth individuals concerning compliance with the increasingly complex array of laws governing the political process.

To help our clients keep out of harm’s way, we provide a range of compliance services, including:

  • Forming political parties, and advice concerning governance and compliance.
  • Drafting and implementation of organization-wide political law compliance programs and policies.
  • Representing the clients before the Election Commission.
  • Filing and proceeding cases before Election Tribunal.
  • Representing Clients before Honourable High Courts and Supreme Court of Pakistan.

We have extensive experience conducting sensitive and highly confidential advices. Our counseling of clients is greatly informed by our deep enforcement and litigation expertise in political law matters.


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.

Categories
Employment

Civil Service Lawyers in Karachi Hyderabad & Islamabad

Irfan Mir Halepota & Associates is well-recognized and reputed for its Civil Service Law practice in Pakistan including Karachi and Islamabad. Irfan Mir Halepota is Advocate Supreme Court of Pakistan, Majority of Top Bureaucrats and Civil Servants in Sindh, Punjab and Islamabad are our Clients.

We provide legal services for preparation of replies to the Show Cause Notice, reply to Explanation, preparation of defences in departmental inquiry proceedings.

If you have not availed our services during departmental proceedings and have been punished by the department for any misconduct as alleged in the Show Cause Notice and as per inquiry report the charges have been proved, in that case. We can also provide our best legal services to you for preparation of Departmental Appeal before the Departmental Authorities.

As per Civil Service Law of Provinces and Federal Government of Pakistan, if the departmental appeal is not decided within the statutory period then the Civil Servant has right to approach the concerned Service Tribunal at Karachi, Lahore or Islamabad.

Under the Article 212 of the Islamic Republic of Pakistan, only the Service Tribunal has jurisdiction to entertain the matters relating to Terms and conditions of Civil Service. A Suit before the Civil Court is not maintainable under the law, if any suit is filed or entertained by the Civil Court then it will be clear violation of the Law of the Land and will amount miscarriage of justice.

We have represented many clients specially School teachers who were serving the Department but their salaries were not released and they were working for a long period without any salary. The Service Tribunal has passed the order whereby the salaries of the concerned School Teachers have been released by the department.

Recently, the Sindh government has finally reversed the promotion of 59 police officers, complying with the orders of the Honourable Supreme Court of Pakistan. Apart from these Police Officer many employees of Sindh Government have been repatriated and reverted by the concerned departments in light of judgment of Honourable Supreme Court.

We have assisting many employees / Civil Servants who have been punished by the concerned department with clear misinterpretation of the judgement of the Honourable Supreme Court and their representation and departmental appeal have been prepared and filed before the competent authorities and after lapse of statutory period their appeals will be filed before the competent forum i.e. Service Tribunal.

Irfan Mir Halepota & Associates

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

You can Contact Us for detailed consultation.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

 

Law Firm based in Karachi and Hyderabad having well experienced Advocates and Lawyers in the fields of Civil Service 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.