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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
Definitions

Pakistan

Top Law Firms in Karachi PakistanLaw Firm Founded in 2003, and located in Clifton, Karachi, Irfan Mir Halepota & Associates provides the full range of Complete Legal Services including Corporate Law Services, thus offering a complete relocation package for both individuals and businesses. With a range of qualified speakers of English, French, Sindhi, Urdu as well as other languages at our disposal, we are able to provide timely and accurate guidance to all clients, irrespective of nationality.

We are experienced not only in all types of Trademark, Patent, copyright, Banking, Civil and Corporate Litigation matters, but  able to assist with the complete process of establishing a business or commercial presence in the Karachi, Pakistan, and can assist in relation to all relevant property, tax, company formation and banking procedures.

We also have the capability to undertake Trademark & Patent searches, and carry out enquiries relating to prospective commercial partners in Pakistan, in order to reduce the risk of entering into unsuitable alliances or partnerships.

We aim to provide cost-effective approaches to the needs of individuals, and their families, as well as to businesses and commercial concerns, providing the platform for successful economic activity in Karachi, Pakistani for foreign investors and their associated business ventures.

Categories
Definitions

Trademark

Top Law Firms in Karachi Pakistantrademarktrade mark, or trade-mark is a recognizable sign,  design or expression which identifies products or services of a particular source from those of others. The trademark owner can be an individual, business organization, or any legal entity.

Trademark is also a symbol, word, or words legally registered or established by use as representing a company or product.

A trademark may be located on a package, a label, a voucher or on the product itself. For the sake of corporate identity trademarks are also being displayed on company buildings.

Categories
Civil Service

Pakistan Government Servants (Efficiency and Discipline) Rules, 1973

In exercise of the powers conferred by section 25 of the Civil Servants Ordinance, 1973 (No.XIV of 1973), the rules are framed which is called as Government Servants (Efficiency and Discipline) Rules, 1973. These rules have come into force at once and shall apply to every civil servant.

accused” means a Government servant against whom action is taken under these rules; 

authority” means the appointing authority prescribed in rule 6 of the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973. 
Provided that in the case of disciplinary proceedings already initiated against a Government servant before 14th June, 2000, the powers of “authority” shall be exercised by the officer designated as such before the aforesaid date.

”authorised officer” means an officer authorized by the authority to perform functions of an uthorized officer under these rules or, if no officer is so authorized, the authority;

”misconduct” means conduct prejudicial to good order or service discipline or contrary to Government Servants (Conduct) Rules, 1964 or unbecoming of an officer and, a gentlemen and includes any act on the part of a Government servant to bring for attempt to bring political or other outside influence directly or indirectly to bear on the Government or any Government officer in respect of any matter relating to the appointment, promotion , transfer, punishment, retirement or other conditions of service of a Government servant; and (5) “Penalty” means a penalty which may be imposed under these rules.

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.

Telephone: 0321-2057582

Regular Website:  https://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 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: + 92 321 205 7582

Civil Service Law Firm in Islamabad, Civil Service Law Firm in Karachi

Categories
Online Legal Services Property Law

Legal Management of Properties in Pakistan

Overseas Pakistanis having any legal issue of management of their properties in Pakistan can contact our law firm. We will provide full legal service for  management of their properties in Pakistan.

Our legal services will include but not limited to:

Sale, Purchase and Transfer of Properties

Recovery of Possession of Properties

Renting out properties and collection of rent

Pursuing property  litigation in Pakistan

Overseas Pakistanis all over the world face lot of legal issues regarding the management of their properties in Pakistan. They contact our law firm for management of their legal issues. Our law firm provides them full legal services for resolving their legal issues. Contact for further information.

We are conducting these cases which are likely to be decided in near future.

You can Contact Us for detailed consultation.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Telephone: 0321-2057582

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

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

Supreme Court of Pakistan, Islamabad. The Registry of the Supreme Court is also at Karachi.

Categories
Intellectual Property

Infringement of the Intellectual Property Rights (Trademark, Copyright and Patent) in Pakistan

Infringement of Trademark Copyright Patent PakistanInfringement of the Intellectual Property Rights (Trademark, Copyright and Patent) in Pakistan Section 46-C Infringement of Trade Mark elaborates the procedure as under :-

1.       An infringement of a Trade Mark in Pakistan shall be actionable by the proprietor of the Trademark.

2.       An action for infringement in Pakistan.  All such relief by way of damages, injunctions accounts or otherwise shall be available in respect of the infringement of Trademark as any other property right.

3.       Nothing in this section shall be deemed to affect rights of action against any person for passing off goods as the good of another person or service provided by another person or the remedies in respect thereof.

Pakistan Penal Code provides Sections 478 to 489 in relation to the infringement of registered Trade Mark before the trial by the Magistrate 1st Class Schedule II of Cr.P.C. has enlisted all offence as bailable and non-cognizable.

The study/scrutiny of laws relating to Trademarks infringement in Pakistan has failed to provided any relief or remedy to the real victim of violation of Trade Mark i.e. purchaser of goods passed off through deception. Further, it should not mislead the unwory customer, consumer to purchase goods or service purporting them to be the goods or services of the registered proprietors.

Trade Mark needs to be an innovative, copy right original and creative whereas design should be an invention to make them distinctive and distinguishable.

The violation of abovesaid standered fall in the category of immitation and the similarity causing confusion to the customer/consumer which can safely be termed infringement of intellectual property rights.

Above discussion reveals that the intellectual property laws have a limited scope in the sense that the real victim of the immoral act of infringement is public and masses in general.

It has been observed that the dealers as well as retailers are profit oriented in their approach business. They easily join hands with the imitators to grab more profit margin in Trade. This unholy alliance and collusiveness of the imitator and dealer, retailer work always to the detriment of the masses.

It is unfortunate that our law makers have blindly followed the tradition of unfair Trade practice to the extent of proprietor and the violator as provided in the English law of Torts,

It is high time that the laws relating to intellectual property rights be amended to consider the plight of masses giving then direct relief and redress in the matter. The recognition earned by other organizations in Trade similar and identical comodity, bare visual look on the wrappers where in the petitioners packed their product, had reflacted complete resemblance providing similarity of design, scheme and colour which could certainly affect the products of the respondents illiterate customer could easily be misled on looking at wrappers. Supreme Court refused to interfere as the lower courts judgments did not suffer from any material defect or legal infirmity, Discretionary constitutional jurisdiction could not be used to prepetuate deception, leave to appeal refused 2002 LN SC (PAK) 368 (a).

Trademark PakistanSimilarity Trade Marks should not be such which could cause confusion in the minds of unway customer/ consumer so that the goods of the imitator are not passed off due to identical pattern used by the person infringing the registered copy right of the proprietor of a Trade Mark, copy right, design.

Law does not permit any person to overside the principal of healthy completion and usurp the hard earned good will and reputation of the proprietor of intellectual property.

Precise Critria of infringement

Visual look or phonetical sound of name on the lable /wrapper of the goods is normal device of deception during immitation.

6. The Assumption that the consumer protection courts provided a safe Guard to the customer/consumer in not true in the matters of infringement of the intellectual property rights for the following reasons:-

(i)      The customer/ consumer of the intellectual property rights are normally illitrate and unwary.

(ii)     The prima facie  evidence of the proprietorship of the registered intellectual property right is with the registered owner and it is not possible for the general masses to ascertain the truth of the matter easily.

(iii)    The mechanism of notice and other requirements provided in the consumer protection courts rules out the possibility of legal action against the immitator of registered intellectual property right.

(iv)    The Consumer protecton courts have been established at divisional head quarters and this fact alone keeps the masses out to provide them any relief and remedy through petition/ application.

(v)     The intellectual property laws are based on unfair trading practice of the law of torts giving civil as well as criminal action remedy available to the registered proprietors or their assigness.

(vi)    There is no evidence available to the aggrieved masses in general to connect the real immitator with the dealer, retailor or shopkeeper providing substandered and fake goods/service.

(vii)   The relevant laws relating to the intellectual property rights should be amended to give access of redress to the customer/consumer. The provisions contained in Pakistan Penal Code (PPC) and Criminal Procedure Code Cr.P.C. should be made cognizable in the matter of general purchaser if the deceptive passing off goods has accrued. The punishment should also be in creased against the offender.

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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
Intellectual Property Patent

Patent and Design Registration in Karachi Pakistan

 

Top Law Firms in Karachi PakistanPatent for an invention is grant of exclusive rights to make, use and sell the invention for a limited period of 20 years. The patent grant excludes others from making, using, or selling the invention. Patent protection does not start until the actual grant of a patent owner. Mere idea or suggestion is not a patent.

Lawyer, Attorneys & Advocates at Irfan Mir Halepota & Associates provide following services in the field of Patent:

  • Patent Prosecution, preparing and filing patent applications
  • Patent searches
  • Oppositions
  • Patent Monitoring
  • Drafting and filing petitions for extension of a term of patent
  • Restoration applicants for lapsed patents
  • Licensing
  • Registration  of assignments, transmissions, etc.
  • Infringement Actions

One of the most leading International Law Firms in Karachi Pakistan, dealing with International Trade Law, Intellectual Property, Trademark, Patent, Renewal of International Trademark, Trademark Disputes in Karachi Pakistan. Most competent Lawyers in International Law are members of Irfan Mir Halepoa & Associates.

Feel Free to Contact Us for further consultation.

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

Cell Phone: +92 321 205 7582

One of the most leading International Law Firms in Karachi Pakistan, dealing with International Trade Law, Intellectual Property, Trademark, Patent, Renewal of International Trademark, Trademark Disputes in Karachi Pakistan. Most competent Lawyers in International Law are members of the Firm
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: 03212057582


Categories
Intellectual Property

Copyright Registration in Pakistan

Top Law Firms in Karachi PakistanIrfan Mir Halepaota & Associates has been ranked as one of the top Corporate Law Firms in Pakistan by the Legal 500 and HG. It is also considered as one of the Best Law Chambers and Partners having well reputation in Karachi, Pakistan.

Copyright is a form of protection provided to the authors of original works of authorship including literary, dramatic, musical, artistic, cinematographic, recording and certain other intellectual works.

We provide following services in the field of Copyright:

  • Conducting copyright search
  • Registration, filing and prosecuting copyright application
  • Copyright Oppositions
  • Drafting of license agreements
  • Infringement proceedings
  • Litigation

Feel Free to Contact Us for further consultation.

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

One of the most leading International Law Firms in Karachi Pakistan, dealing with Registration of International Copyrights, Copyrights disputes, applications for registration of copyrights, Trademark, Patent, Renewal of International Trademark, Trademark Disputes in Karachi Pakistan. Most competent Lawyers in International Law are members of the Firm
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582


Categories
Corporate Law Pakistan Business Setup

BUSINESS SETUP IN KARACHI PAKISTAN

 

Top Law Firms in Karachi PakistanOUR LAW FIRM provides legal service to Local, Overseas Pakistanis and Foreign Clients to set up business in Pakistan. Business Set-Up services of Our Law Firm will help you in those essential early stages of business, giving you advice to assist you to set-up a business and able to plan and grow effectively without legal obstacles and litigation. We will assist you to make the right decisions at the right time. Whether you intend to set up a sole proprietorship concern or a company or a partnership firm we offer our legal services required for your business needs.

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 Firm.

Business can be Set-Up in the following forms

Establishing and Registration of:

1. Company Registration.

a. Private Limited

b. Public Limited

c. Limited by Guarantee

2. Foreign Company Registration

3. Sole Proprietorship.

4. Partnership & Joint Venture.

5. Agency.

6. Trademarks and Copyrights, Patent and Design.

7. Society, Trust and Charity

 

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