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Part XII: Miscellaneous

Chapter 1: Services.

240 Appointment to service of Pakistan and conditions of service.
Subject to the Constitution, the appointments to and the conditions of service of persons in the service of Pakistan shall be determined-
(a) in the case of the services of the Federation, posts in connection with the affairs of the Federation and All- Pakistan Services, by or under Act of  637[Majlis-e-Shoora (Parliament)] 637; and
(b) in the case of the services of a Province and posts in connection with the affairs of a Province, by or under Act of the Provincial Assembly.
Explanation.- In this Article, "All-Pakistan Service" means a service common to the Federation and the Provinces, which was in existence immediately before the commencing day or which may be created by Act of  638[Majlis-e-Shoora (Parliament)] 638.
 
241 Existing rules, etc., to continue.
Until the appropriate Legislature makes a law under Article 240, all rules and orders in force immediately before the commencing day shall, so far as consistent with the provisions of the Constitution, continue in force and may be amended from time to time by the Federal Government or, as the case may be, the Provincial Government.
 
242 Public Service Commission.
(1)  639[Majlis-e-Shoora (Parliament)] 639 in relation to the affairs of the Federation, and the Provincial Assembly of a Province in relation to affairs of a Province, may, by law, provide for the establishment and constitution of a Public Service Commission.
 
 640[
(1A) The Chairman of the Public Service Commission constituted in relation to the affairs of the Federation shall be appointed by the President  641[on the advice of the Prime Minister] 641.
 
] 640 642[
(1B) The Chairman of the Public Service Commission constituted in relation to affairs of a Province shall be appointed by the Governor on advice of the Chief Minister.
 
] 642
(2) A Public Service Commission shall perform such functions as may be prescribed by law.
 
 

Notes

637   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
638   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
639   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
640   Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 49 (with effect from March 2, 1985).
641   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 89(i) (with effect from April 19, 2010) for "in his discretion".
642   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 89(ii) (with effect from April 19, 2010).

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