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  • SIND RENTED PREMISES ORDINANCE 1979

    SIND ORDINANCE No. XVII OF 1979
    THE SIND RENTED PREMISES ORDINANCE, 1979
    [21st November, 1979]
    An Ordinance to make effective provisions for regulation
    of relations between landlords and tenants and protect their
    interests in respect of rented premises within urban areas.
    WHEREAS it is expedient to make effective provisions for
    regulation of relations between landlords and tenants and
    protect their interests in respect of rented premises within urban
    areas;
    Preamble.
    NOW, THEREFORE, in pursuance of the Proclamation of the
    fifth day of July, 1977 and the Laws (Continuance in Force)
    Order, 1977, the Governor of Sind is pleased to make and
    promulgate the following Ordinance:—

    1. (1) This Ordinance may be called the Sind Rented
      Premises Ordinance, 1979.
      (2) It shall come into force at once.
      Short title and
      commencement.
    2. In this Ordinance, unless there is anything repugnant in
      the subject or context,—
      Definitions.
      (a) “building” means any building or part thereof,
      together with all fittings and fixtures therein, if any,
      and include any garden, garage, out-house and
      open space attached or appurtenant thereto;
      (b) “Controller” means a Controller appointed under
      section 4 and includes a person working as Controller
      immediately before coming into force of this
      Ordinance;
      (c) “fair rent” means the fair rent of any premises
      determined by the Controller under this Ordinance;
      (d) “Government” means the Government of Sind;
      (e) “land” means land or open space, not being
      agricultural land or land or open space attached or
      appurtenant to any building;
      SIND ORDINANCE No. XVII OF 1979
      THE SIND RENTED PREMISES ORDINANCE, 1979
      (f) “landlord” means the owner of the premises and
      includes a person who is for the time being
      authorized or entitled to receive rent in respect of
      such premises;
      (g) “personal use” means the use of the premises by the
      owner thereof or his wife (or husband), son or
      daughter;
      (h) “premises” means a building or land, let out on rent,
      but does not include a hotel;
      (i) “rent” includes water charges, electricity charges
      and such other charges which are payable by the
      tenant but are unpaid;
      (j) “tenant” means any person who undertakes or is
      bound to pay rent as consideration for the
      possession or occupation of any premises by him or
      by any other person on his behalf and includes—
      (i) any person who continues to be in possession or
      occupation of the premises after the termination
      of his tenancy;
      (ii) heirs of the tenant in possession or occupation of
      the premises after the death of the tenant; and
      (k) “urban area” means an area within the jurisdiction of
      a Town Committee, Municipal Committee, Municipal
      Corporation or Metropolitan Corporation.
    3. (1) Notwithstanding anything contained in any law for
      the time being force, all premises other than those owned or
      requisitioned under any law, by or on behalf of the Federal
      Government or Provincial Government, situated within an urban
      area, shall be subject to the provisions of this Ordinance:
      Applicability.

    1[****]

    1
    In section 3, sub-section (1) proviso omitted vide Sind Ordinance No. IV of 1984, dated July 30, 1984.
    SIND ORDINANCE No. XVII OF 1979
    THE SIND RENTED PREMISES ORDINANCE, 1979
    (2) Government may, by notification, exclude any class
    of premises, or all premises in any area from operation of all or
    any of the provisions of this Ordinance.

    1. (1) Government may appoint one or more Controllers in
      any district and if more than one Controller is appointed in the
      same district Government shall define the local limits within
      which each of such Controllers shall exercise jurisdiction:
      Controllers.
      Provided that the Controllers working immediately before
      coming into force of this Ordinance shall continue to exercise
      their respective territorial jurisdiction until it has been altered by
      Government.
      (2) No person shall be appointed as a Controller unless
      he has worked or, has been working, as a Civil Judge or 1[***],
      for not less than three years.

    2[(3″**)]

    1. (1) The agreement by which a landlord lets out any
      premises to a tenant shall be in writing and if such agreement is
      not compulsorily registerable under any law for the time being
      in force, it shall be attested by, signing by, and sealing with the
      seal of, the Controller within whose jurisdiction the premises is
      situate or, any Civil Judge or First Class Magistrate.
      Agreement between
      landlord and tenant.
      (2) Where any agreement by which a landlord lets out
      any premises to a tenant is compulsorily registerable under any
      law for the time being in force, a certified copy of the
      registered deed and where the agreement is not so
      registerable, the original deed duly attested under sub-section
      (1), shall be produced and accepted in proof of the
      relationship of the landlord and tenant:
      Provided that nothing in this section shall affect any
      agreement between the landlord and tenant immediately
      before coming into force of this Ordinance.

    1
    In section 4 of its sub-section (2) words omitted vide Sindh Ordinance No.XIV of 2001. Dated April, 17, 2001
    2
    In Section 4 of its sub-section (3) omitted vide Sindh Ordinance No.XIV of 2001. Dated April, 17, 2001.
    SIND ORDINANCE No. XVII OF 1979
    THE SIND RENTED PREMISES ORDINANCE, 1979
    1[6***]

    1. No landlord shall charge or receive rent in respect of
      any premises at the rate higher than that mutually
      agreed upon by the parties, and, if the fair rent has been
      fixed by the Controller in respect of such premises, at the
      rate higher than the fair rent.
      Higher rent not
      chargeable.
    2. (1) The Controller shall, on application by the tenant or
      landlord determine fair rent of the premises after taking into
      consideration the following factors:—
      Fair rent.
      (a)the rent of similar premises situated in the similar
      circumstances, in the same or adjoining locality;
      (b)the rise in cost of construction and repair charges;
      (c)the imposition of new taxes, if any, after
      commencement of the tenancy; and
      (d)the annual value of the premises, if any, on which
      property tax is levied.
      (2) Where any addition to, or improvement in, any
      premises has been made or any tax or other public charge has
      been levied, enhanced, reduced or withdrawn in respect
      thereof, or any fixtures such as lifts or electric or other fittings
      have been provided thereon subsequent to the determination
      of the fair rent of such premises, the fair rent shall,
      notwithstanding the provisions of section 9 be determined or, as
      the case may be, revised after taking such changes into
      consideration.
    3. (1) Where the fair rent of any premises has been fixed no
      further increase thereof shall be effected unless a period of
      three years has elapsed from the date of such fixation or
      commencement of this Ordinance whichever is later.
      Limit of Fair rent.
      (2) The increase in rent shall not, in any case, exceed ten
      percent per annum on the existing rent.

    1
    Section 6 together with proviso omitted vide Sind Ordinance No.IV of 1984. Dated July 30, 1984.
    SIND ORDINANCE No. XVII OF 1979
    THE SIND RENTED PREMISES ORDINANCE, 1979

    1. (1) The rent shall, in the absence of any date fixed in this
      behalf by mutual agreement between the landlord and tenant,
      be paid not later than the tenth of the month next following the
      month for which it is due.
      Payment of rent.
      (2) The rent shall, as far as may be, be paid to the
      landlord, who shall acknowledge receipt thereof in writing.
      (3) Where the landlord has refused or avoided to accept
      the rent, it may be sent to him by postal money order or, be
      deposited with the Controller within whose jurisdiction the
      premises is situate.
      (4) The written acknowledgement, postal money order
      receipt or receipt of the Controller, as the case may be, shall be
      produced and accepted in proof of the payment of the rent:
      Provided that nothing contained in this section shall apply in
      the cases pending before the Controllers on the
      commencement of this Ordinance.
    2. (1) No landlord shall discontinue or cause to be
      discontinued any service such as electricity, gas or water,
      except with the previous consent of the tenant or in
      compliance with the requisition of the concerned authority or
      after obtaining the direction of the Controller in this behalf.
      Discontinuance of
      amenities and
      services.
      (2) Where the landlord has discontinued or caused to be
      discontinued any service in contravention of sub-section 1, the
      tenant may make an application to the Controller for
      restoration thereof.
      (3) Where the Controller is, after making such inquiry as
      he deems fit, satisfied that the service has been discontinued
      without sufficient cause, he shall make an order directing the
      landlord to have the service restored within such period as may
      be specified in the order.
      (4) Where the landlord has failed to comply with the
      order of the Controller made under sub-section (3), the
      Controller may take necessary steps to get the service restored
      and recover the costs of such restoration from the landlord.
      SIND ORDINANCE No. XVII OF 1979
      THE SIND RENTED PREMISES ORDINANCE, 1979
      (5) Where the landlord has contravened the provisions of
      sub-section (1), he shall be punished with simple imprisonment
      for a period not exceeding six months or with fine or with both.
    3. (1) Subject to the agreement, if the landlord fails to make
      such repairs or white-washing as may be necessary to keep the
      premises in proper shape, the Controller may, on application
      made to him by the tenant and after such inquiry as the
      Controller deems fit to make, direct that such repairs or whitewashing may be made by the tenant and the cost thereof may
      be deducted from the rent payable to the landlord.
      Repairs.
      (2) Where any authority empowered by a law for the
      time being in force has required the landlord to make such
      repairs within such period as may be specified by such authority
      and the landlord has made default in this behalf, such authority
      may require the tenant to make such repairs.
      (3) Where the tenant has made the repairs as aforesaid
      the authority ordering the repairs shall, after due verification of
      the details of the expenditure incurred by the tenant, certify the
      cost of repairs and the tenant may thereupon deduct the
      amount so certified from the rent payable to the landlord.
    4. No tenant shall be evicted from the premises in his
      possession except in accordance with the provisions of this
      Ordinance.
      Eviction.
      14.(1) Notwithstanding anything contained in this Ordinance
      or any other law for the time being in force, the landlord of a
      building who is a widow, or a minor whose both parents are
      dead or a salaried employee due to retire within the next six
      months or has retired or a person who is due to attain the age
      of sixty years within the next six months or has attained the age
      of sixty years, may, by notice in writing, inform the tenant that
      he or she needs the building for personal use and require him to
      deliver vacant possession of the building within such time as
      may be specified in the notice, not being earlier than two
      months from the receipt thereof:
      Delivery of vacant
      possession.

    1[“Provided that nothing in this sub-section shall apply where
    the landlord has rented out the building after he has retired or

    1
    In section 14 for proviso to sub-section (1) substituted vide Sind Ordinance No. XII of 1980. Dated September 1, 1980.

    SIND ORDINANCE No. XVII OF 1979
    THE SIND RENTED PREMISES ORDINANCE, 1979
    attained the age of sixty years or, as the case may be, has
    become widow or orphan.”.]
    (2) The landlord shall not be entitled to avail the benefit
    of sub-section (1) if he is in occupation of a building owned by
    him in any locality.
    (3) Where the tenant has failed to deliver the possession
    of the building under sub-section (1), the Controller shall, on
    application by the landlord in this behalf, order eviction of the
    tenant from the building in a summary manner, by using such
    force as may be necessary.

    1[(4)****]

    1. (1) Where a landlord seeks to evict the tenant otherwise
      than in accordance with section 14, he shall make such
      application to the Controller.
      Application to
      Controller.
      (2) The Controller shall, make as an order directing the
      tenant to put the landlord in possession of the premises within
      such period as may be specified in the order, if he is satisfied
      that—
      2[(i) ****]
      (ii) the tenant has failed to pay rent in respect of the
      premises in his possession within fifteen days after the
      expiry of the period fixed by mutual agreement
      between the tenant and landlord for payment of the
      rent, or in the absence of such agreement, within the
      sixty days after the rent has become due for payment
      3[“:“provided that where the application made by the
      landlord is on the sole ground mentioned in this clause
      and the tenant on the first day of hearing admits his
      liability to pay the rent claimed from him, the Controller
      shall, if he is satisfied that the tenant has not made such
      default on any previous occasion and the default is not
      exceeding six months, direct the tenant to pay all the

    1
    Section 14 of sub-section (4) omitted Vide Sind Ordinance No. II of 1980. Dated January 21, 1980.
    2
    Section 15, sub-section (2), clause (i) omitted Vide Sind Ordinance No. IV of 1984. Dated July 30, 1984.
    3
    In section 15 of its sub-section (2), in clause (ii), the semi colon replaced with colon thereafter proviso added vide
    Sindh Ordinance No. XIV of 2001. Dated April, 17, 2001.
    SIND ORDINANCE No. XVII OF 1979
    THE SIND RENTED PREMISES ORDINANCE, 1979
    rent claimed from him on or before the date to be fixed
    for the purpose and upon such payment, he shall reject the
    application;”]
    (iii) the tenant has, without the written consent of
    the landlord—
    (a) handed-over the possession of the premises to
    some other person;
    (b)used the premises for the purpose other than
    that for which it was let out;
    (c)infringed the conditions on which the premises
    was let out;
    (iv) the tenant has committed such acts as are likely to
    impair the material value or utility of the premises;
    (v) the tenant has indulged in such activities as are
    causing nuisance to the neighbours;
    (vi) the premises is required by the landlord for
    reconstruction or erection of a new building at the
    site and the landlord has obtained necessary
    sanction for such reconstruction or erection from the
    authority competent under any law for the time
    being in force to give such sanction;
    (vii) the landlord requires the premises in good faith for
    his own occupation or use or for the occupation or
    use of his spouse or any of his children.
    (3) Where the landlord who has obtained the possession
    of the premises for the purpose of reconstruction of the building
    or erection of a new building, shall demolish the existing
    building within six months of the taking over of the possession of
    the premises or, as the case may be, commence the erection
    of the new building within two years of the taking over of the
    possession of the premises, and in case the landlord fails to
    demolish the building as aforesaid, the tenant shall be entitled
    to be put into possession of the premises and for that purpose
    he may apply to the Controller for an order in that behalf
    SIND ORDINANCE No. XVII OF 1979
    THE SIND RENTED PREMISES ORDINANCE, 1979
    1[,”and for the purpose he may apply to the Controller for an
    order in that behalf”]
    2[(“4”) Where the land-lord constructs the building as
    aforesaid the tenant who was evicted from the old building
    may, before the completion of new building and its occupation
    and the Controller shall make an order accordingly in respect
    of the area applied for or such smaller area, as considering the
    location and type of the new building and the needs of the
    tenant, the deems just and on payment of rent to be
    determined by him on the basis of rent of similar
    accommodation in the locality.”.]

    3[(“15-A”]
    4[ Where the land-lord, who has obtained the
    possession of a building under section 14 or premises under
    clause (vii) of section 15, relets the building or premises to any
    person other than the previous tenant or puts it to a use other
    than personal use within one year of such possession—
    (i) he shall be punishable with fine which shall not
    exceed one year’s rent of the building of the
    premises, as the case may be, payable
    immediately before the possession was so
    obtained.
    (ii) The tenant who has been evicted may apply to the
    Controller for an order directing that he shall be
    restored to possession of the building or the
    premises, as the case may be, and the Controller
    shall make an order accordingly.”]
    1[(“Penalty for use of
    premises other than
    personal use.”]

    1. (1) Where a case for eviction of the tenant has been
      filed, the Controller shall, on application by the landlord and
      after such summary inquiry as he deems fit to make, determine
      the arrears of the rent due and order the tenant to deposit the
      same within such period as the Controller may fix in his behalf
      and further direct the tenant to deposit monthly rent regularly
      on or before the tenth of every month, until final disposal of the
      Arrears of Rent.

    1
    In section 15 of sub-section (3) words added Vide Sind Ordinance No. II of 1980. Dated January 21, 1980.
    2
    In section 15 new sub-section added vide Sind Ordinance No. IV of 1984. Dated July 30, 1984.
    3
    Insertion of section 15-A Vide Sind Ordinance No. II of 1980. Dated January 21, 1980.
    4
    Section 15-A substituted vide Sind Act No. IV of 1984. Dated July 30, 1984.

    SIND ORDINANCE No. XVII OF 1979
    THE SIND RENTED PREMISES ORDINANCE, 1979
    case 1[“:“Provided that the Controller may direct that the arrears of rent
    approximate rent may be paid to the landlord through pay order, or by any
    other mode agreed to be the parties, or as directed by the Controller.”.]
    (2) Where the tenant has failed to deposit the arrears of
    rent or to pay monthly rent under sub-section (1), his defence
    shall be struck off and the landlord shall be put into possession
    of the premises within such period as may be specified by the
    Controller in the order made in this behalf.
    (3) Where the rent has been deposited under this
    section, it shall, subject to such order as the Controller may
    make in this behalf, be paid to the landlord at the conclusion of
    the case or on such earlier date as may be specified by the
    Controller.

    1. Where the Controller is satisfied that any application
      made by a landlord for eviction of the tenant is frivolous or
      vexatious he may direct that compensation not exceeding ten
      times the monthly rent be paid by such landlord to the tenant.
      Compensation for
      vexatious eviction.
    2. Where the ownership of a premises in possession of the
      tenant has been transferred by sale, gift, inheritance or by such
      other mode, the new owner shall send an intimation of such
      transfer in writing by registered post to the tenant and the
      tenant shall not be deemed to have defaulted in payment of
      the rent for the purpose of clause (ii) of sub-section (2) of
      section 15, if the rent due is paid within thirty days from the date
      when the intimation should, in normal course, have reached the
      tenant.
      Change in
      ownership.
    3. (1) Where an application other than the application
      under section 14 has been made to the Controller under this
      Ordinance, he shall, unless the application is summarily
      dismissed by him for reasons to be recorded, issue a notice to
      the respondent to file written reply, if any, within such period not
      exceeding fifteen days of the receipt of the notice.
      Procedure.
      (2) Where on the day fixed in the notice for the
      respondent to file written reply, it is found that the notice has

    1
    In section 16 after replacement of full stop by colon proviso added vide Sindh Ordinance No. XIV of 2001. Dated
    April 17, 2001.
    SIND ORDINANCE No. XVII OF 1979
    THE SIND RENTED PREMISES ORDINANCE, 1979
    been served but the respondent has failed to file his reply
    without any reasonable excuse, the Controller may, proceed to
    make an exparte order and after such order has been made
    the Controller shall have no power to rescind such order.
    (3) Where the respondent has filed the written reply, the
    Controller shall proceed to receive evidence first of the
    applicant and his witnesses and then of the respondent and his
    witnesses.

    (4) A party to a case under this Ordinance shall prove
    the evidence of his witness by producing the affidavit of such
    witness a copy of which shall simultaneously be supplied to the
    other party and such other party shall have the right to cross
    examine the witness on such affidavit and if the witness has
    been cross examined the party producing the witness may reexamine him.
    (5) The Controller shall, instead of formally framing issues
    arising between the parties, state them briefly in the judgment
    and shall record findings on each such issue separately.

    1. (1) Subject to this Ordinance, the Controller and the
      appellate authority shall, for the purpose of any case under this
      Ordinance, have powers of a Civil Court under the Code of
      Civil Procedure, 1908 (Act V of 1908), in respect of only the
      matters, namely:—
      Power of Civil Court.
      (a)Summoning and enforcing the attendance of any
      person and examining him on Oath;
      (b)Compelling production or discovery of documents;
      (c)Inspecting the site; and
      (d)Issuing commission for examination of witnesses or
      documents.
    2. (1) Any party aggrieved by an order, not being an
      interim order, made by the Controller may, within thirty days of
      such order, prefer an appeal to the 1[“District Judge having
      Jurisdiction in the area where the premises in relation to which
      the order is passed”].
      Appeal.

    1
    In section 21 of its sub-section (1) words substituted vide Sindh Ordinance No.XIV of 2001. Dated April 17, 2001.
    SIND ORDINANCE No. XVII OF 1979
    THE SIND RENTED PREMISES ORDINANCE, 1979
    1[“(1-A). On such appeal being preferred, the District Judge may hear it
    himself, or refer it for disposal to an Additional District Judge.
    (1-B). The District Judge may recall an appeal referred to an Additional
    District Judge and either hear it himself to refer it for disposal to another
    Additional District Judge.
    (1-C). The appellate authority, may, at any stage of appeal attempt to
    effect a compromise between the parties.
    (1-D). The appellate authority may, where it deems fit, before passing a final
    order allow the tenant to continue his tenancy subject to payment of
    enhanced rent fixed by the authority.
    (1-E). On the application of a party and after notice to the other party and
    after hearing such of them as desire to be heard, or on its own motion
    without such notice-
    (a) the appellate authority may at any stage withdraw
    any application pending with a Controller and transfer
    the same for disposal to any other Controller;
    (b) the High Court may at any stage withdraw any
    appeal pending with any appellate authority and
    transfer the same for disposal to any other appellate
    authority competent to dispose of the same.”.]
    (2) The appellate authority may pending the final
    disposal of the appeal, grant injunction staying further
    proceedings or action on the order of the Controller:
    Provided that no injunction shall be granted if the appeal
    has been preferred from the order under section 14.
    (3) The appellate authority shall, after perusing the
    record of the case and giving the parties an opportunity or
    being heard and, if necessary, after making such further enquiry
    either by himself or by the Controller, make an appropriate
    order, which shall be final.
    2[“21-A. All appeals filed under this Ordinance and pending in
    the High Court immediately before the commencement of the
    Sindh Rented Premises (Amendment) Ordinance, 2001, shall
    stand transferred to the District Judge having jurisdiction as
    provided in sub-section (1) of section 21, of disposal:
    Provided that the appeals as are fixed for judgments shall be disposed by
    the High Court.”.]

    1
    In section 21of its sub-section (1) new sub-sections inserted vide Sindh Ordinance No. XIV of 2001. Dated April 17, 2001.
    2
    after section 21, new section inserted by ibid.
    SIND ORDINANCE No. XVII OF 1979
    THE SIND RENTED PREMISES ORDINANCE, 1979
    1[“22”. Final order passed under this Ordinance shall be
    executed by the Controller and all questions arising between
    parties and relating to the execution, discharge or satisfaction
    the order shall be determined by the Controller and not by a
    separate suit.
    Explanation:- In the execution proceedings relating to the
    order of ejectment, no payment, compromise or agreement
    shall be valid unless such payment, compromise or agreement
    is made before or with the permission of the authority passing
    the order.”]
    1[Execution of
    orders.]

    1. The Controller and the appellate authority shall be
      deemed to be a Civil Court within the meaning of section
      480 of the Code of Criminal Procedure, 1898 (Act V of
      1898).
      Judicial
      Proceedings.
    2. No Court shall take cognizance of an offence under this
      Ordinance except upon complaint in writing made by the
      Controller.
      Cognizance of
      offence.
    3. No suit or legal proceedings shall lie against
      Government or any authority or person in respect of anything
      done or intended to be done in good faith under this
      Ordinance.
      Indemnity.
    4. Government may make rules for carrying out the
      purposes of this Ordinance.
      Rules.
    5. (1) The Sind Urban Rent Restriction Ordinance, 1959, is
      hereby repealed.
      Repealed.
      (2) All appeals, and such cases before a Controller as
      are fixed for arguments or judgment which have been filed
      under the Ordinance mentioned in sub-section (1) shall,
      notwithstanding the repeal thereof, be disposed in accordance
      with the said Ordinance.

    1
    Section 22 substituted vide Sind Act No.I of 1986. Dated May 12, 1986.
    SIND ORDINANCE No. XVII OF 1979
    THE SIND RENTED PREMISES ORDINANCE, 1979

    1[(“3”) All other cases instituted under the Ordinance
    mentioned in sub-section (1) and which immediately before the
    commencement of this Ordinance were pending before a
    Controller shall, notwithstanding any orders made otherwise by
    the Controller, be continued and disposed in accordance with
    the provisions of this Ordinance and any proceedings taken or
    order made in any such cases as aforesaid shall for all purposes
    have effect as proceedings taken or orders made under this
    Ordinance.
    (4) Notwithstanding the provisions of sub-section (2) all
    orders made in pursuance thereof and any order made under
    the Ordinance mentioned in sub-section (1) in any proceedings
    before the commencement of this Ordinance shall be deemed
    to have effect as an order under this Ordinance and be
    executed in accordance with the provisions of section 22.”.]

  • THE SINDH CIVIL SERVANTS ACT, 1973

    THE SINDH CIVIL SERVANTS ACT, 1973
    (SINDH ACT NO. XIV OF 1973)
    [Karachi, the 5th December, 1973]
    An Act to regulate the appointment of persons to, and the terms and
    conditions of service of persons in, the service of Pakistan in
    connection with the affairs of the Province of Sindh.
    Preamble. –WHEREAS it is expedient to regulate by law, the
    appointment of persons to, and the terms and conditions of service of
    persons in, the service of Pakistan in connection with the affairs of the
    Province of Sindh and provide for matters connected therewith or
    ancillary thereto;
    It is hereby enacted as follows:-

    1. Short title, application and commencement. – (1) This Act may
      be called the Sindh Civil Servants Act, 1973.
      (2) It applies to civil servants wherever they may be.
      (3) It shall come into force at once.
      CHAPTER – I
      PRELIMINARY
    2. Definitions. – (1) In this Act unless there is anything repugnant in
      the subject or context, –
      (a) “adhoc appointment” means appointment of a duly
      qualified person made otherwise than in accordance with the
      prescribed method of recruitment, pending the recruitment
      in accordance with such method;
      2
      *[(aa) “absorption” means the appointment of a person by way of
      absorption in accordance with sub-section (2) of section 10-
      A;]
      (b) “civil servant” means a person who is a member of a civil
      service of the Province or holds a civil post in connection
      with the affairs of the Province, but does not include –
      (i) a person who is on deputation to the Province from the
      Federation or any other Province or authority; or
      (ii) a person who is employed on contract, or on workcharged basis, or who is paid from contingencies; or
      (iii) a person who is “worker” or “workman” as defined in
      the Factories Act, 1934 (XXV of 1934), or the
      Workmen’s Compensation Act, 1923 (VIII of 1923);
      *[(bb) “deputation” means the posting of a person in accordance
      with sub-section (1) of section 10-A;]
      (c) “Government” means the Government of Sindh;
      *Clause (aa) & (bb) inserted by the Sindh Civil Servants (Amdt.) Ord. 2012
      (Sindh Ordinance No.VI of 2012), the Sindh Govt. Gaz., Extr. Pt. I, P No. 494, dt.
      September 4, 2012. Declared ultra vires by Apex Court reported as
      2013-SCMR-1752.
      3
      (d) “initial appointment” means appointment made otherwise
      than by promotion or transfer *[or absorption];
      (e) “pay” means the amount drawn monthly by a civil servant as
      pay, and includes technical pay, special pay, personal pay
      and any other emoluments declared by the prescribed
      authority to be pay;
      (f) “permanent post” means a post sanctioned without limit of
      time;
      (g) “prescribed” means prescribed by rules;
      (h) “rules” means rules made or deemed to have been made
      under this Act;
      (i) “selection authority” means the Sindh Public Service
      Commission, a departmental selection board, departmental
      selection committee or other authority or body on the
      recommendation of, or in consultation with which any
      appointment or promotion, as may be prescribed, is made;
      (j) “temporary post” means a post other than permanent post.
      (2) For the purpose of this Act, an appointment, whether by
      promotion or otherwise, shall be deemed to have been made on regular
      basis if it is made in the prescribed manner.
      *In clause (d), inserted by the Sindh Civil Servants (Amdt.) Ord., 2012 (Sindh
      Ordinance No. VI of 2012), the Sindh Govt. Gaz., Extr. Pt. I, P. No. 494, dt. September
      4, 2012. Declared ultra vires by Apex Court reported as 2013-SCMR-1752.
      4
      CHAPTER – II
      TERMS AND CONDITIONS OF
      SERVICE OF CIVIL SERVANTS
    3. Terms and conditions. – The terms and conditions of
      service of a civil servant shall be as provided in this Act and the rules.
    4. Tenure of office of civil servants. – Every civil servant
      shall hold office during the pleasure of Government.
    5. Appointments. – Appointments to a civil service of the
      Province of a civil post in connection with the affairs of the Province shall
      be made in the prescribed manner by Government or by a person
      authorized by it in that behalf:
      Provided that two per centum of such appointments shall, subject
      to availability, be made from amongst the disabled persons as defined in
      the Disabled Persons, (Employment and Rehabilitation) Ordinance, 1981.
    6. Probation. – (1) An initial appointment to a service or post
      referred to in section 5, not being an adhoc appointment, shall be on
      probation as may be prescribed.
      (2) Any appointment of a civil servant by promotion or
      transfer to a service or post may also be made on probation as may be
      prescribed.
      (3) Where, in respect of any service or post, the
      satisfactory completion of probation include 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,-
      5
      (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:
      Provided that, in the case of initial appointment to a service or
      post, a civil servant shall not be deemed to have completed his period of
      probation satisfactorily until his character and antecedents have been
      verified as satisfactory in the opinion of the appointing authority.
    7. Confirmation.- (1) 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.
      (2) 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.
      (3) There shall be no confirmation against any temporary post.
      (4) A civil servant who, during the period of his service, was eligible
      to be confirmed in any service or against any post retires from service
      before being confirmed shall not, merely by reason of such retirement, be
      refused confirmation in such service or post or any benefit accruing there
      from.
      (5) Confirmation of a civil servant in a service or post shall take
      effect from the date of occurrence of permanent vacancy in that service
      or post or from the date of continuous officiating, in such service or post,
      whichever is later.
      6
    8. Seniority.- (1) 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.
      (2) Subject to the provisions of sub-section (1), 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.
      (3) Seniority on initial appointment to a service, cadre or post
      shall be determined as may be prescribed.
      (4) Seniority in a post, service or cadre to which a civil servant is
      promoted shall take effect from the date of regular appointment of such
      civil servant to that post, service or cadre:
      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.
    9. Promotion.- (1) A civil servant possessing such minimum
      qualification 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 promotion shall be
      made as may be prescribed,-
      7
      (a) in the case of a selection post, on the basis of
      selection on merit; and
      (b) in the case of a non-selection post, on the basis
      of seniority-cum-fitness.
      *[9-A. – (1) Notwithstanding anything contained in this Act or any
      other law for the time being in force or any judgment of any court, a civil
      servant who provenly exhibits the act of gallantry while performing his
      duties or very exceptional performance beyond the call of duty, may be
      granted out of turn promotion or award or reward by Government.]
    10. Postings and transfers.- Every civil servant shall be liable to
      serve anywhere within or outside the Province in any post under
      Government, Federal Government, or any Provincial Government or local
      authority, or 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:
      Provided further that, where, a civil servant is required to serve in
      a post outside his service or cadre, his terms and conditions of service as
      to his pay shall not be less favourable than those to which he would have
      been entitled if he had not been so required to serve.
      *Section 9-A substituted by the Sindh Civil Servants (Second Amdt.) Ord., 2012
      (Sindh Ordinance No. VII of 2012), the Sindh Govt. Gaz., Extr., Pt. I, P. No. 498, dt.
      September, 5, 2012. Declared ultra vires by Apex Court reported as 2013-SCMR1752. Before substitution Section 9-A read as follows.
      9-A. – Notwithstanding anything contained in this Act or any other
      law for the time being in force or any judgment of any court, a civil servant
      who provenly exhibits, the act of gallantry while performing his duties or
      very exceptional performance beyond the call of duty, may be granted out
      of turn promotion or award or reward in such manner as may be
      prescribed.
      8
      *[10-A. (1) Notwithstanding anything contained in this Act or any
      law in force or any judgment of any court, Government (C.M) shall have
      and shall be deemed to always have had the power to appoint any person
      on deputation basis, who is a civil servant as defined in this Act or the
      Federal Civil Servants Act, 1973 or is in the service of Government or
      Federal Government or autonomous, semi-autonomous body,
      corporation or any organization set up, established, owned, controlled or
      managed by Government, or as the case may be, the Federal
      Government, against any post, in any cadre, in the civil service of the
      Province or in connection with the affairs of the Province:
      Provided that-
      (a) such person shall possess the minimum qualifications as
      may be laid down for the person to be appointed to that
      post and shall be subject to provincial laws and rules
      relating to disciplinary proceedings;
      (b) such deputation shall be for an initial period of three
      years, which may be extended only once by Government
      (C.M) for a further period of two years; and
      (c) the number of persons whose appointing authority is the
      Federal Government or autonomous, semi-autonomous
      body, corporation or any organization set up, established,
      owned, controlled or managed by the Federal Government
      shall not, unless otherwise directed by the Chief Minister,
      exceed ten percent of the posts in any cadre of posts
      sanctioned in the civil service of the Province or in
      connection with the affairs of the Province.
      *New section 10-A inserted by the Sindh Civil Servants (Amdt.) Ord., 2012
      (Sindh Ordinance No. VI of 2012), the Sindh Govt. Gaz., Extr., Pt. I, P. No. 494, dt.
      September 4, 2012. Declared ultra vires by Apex Court reported as 2013-SCMR1752.
      9
      (2) Notwithstanding anything contained in this Act or any law in
      force or any judgment of any court, Government (C.M) shall have and
      shall be deemed to always have had the power to appoint any person by
      way of absorption, who is a civil servant as defined in this Act or the
      Federal Civil Servants Act, 1973 or is in the service of Government or
      Federal Government or autonomous, semi-autonomous body,
      corporation or any organization set up, established, owned, controlled or
      managed by Government or as the case may be the Federal Government,
      against any post, in any cadre, in the civil service of the Province or in
      connection with the affairs of the Province:
      Provided that-
      (a) such person shall possess the minimum qualifications as
      may be laid down for the person to be appointed to that
      post;
      (b) such person shall be appointed to a post of equivalent or
      comparable grade and if such post is not available, then
      to a lower grade;
      (c) previous service, if not pensionable, shall not count for
      pension and gratuity unless Government (C.M) directs
      otherwise;
      (d) the number of persons whose appointing authority is the
      Federal Government or autonomous, semi-autonomous
      body, corporation or any organization set up, established
      owned, controlled or managed by the Federal Government
      and who are absorbed in accordance with this subsection shall not, unless otherwise directed by the Chief
      Minister, exceed ten percent of the posts in any cadre of
      posts sanctioned in the civil service of the Province or in
      connection with the affairs of the Province.
      10
      (3) Notwithstanding anything contained in this Act or any law in
      force or any judgment of any court, any person deputed or absorbed
      against any post, in any cadre, in the civil service of the Province or in
      connection with the affairs of the Province prior to the coming into force
      of the Sindh Civil Servants (Amendment) Ordinance, 2012 shall be
      deemed to have been validly deputed or absorbed, as the case may be, in
      accordance with section 10-A.]
    11. Termination of service.- (1) 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 or cadre, 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 adhoc 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 be the one who is the most junior in such cadre or service.
      11
      (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 adhoc shall be liable to
      termination on fourteen day’s notice or pay in lieu thereof.
    12. Reversion to a lower post. – A civil servant appointed to
      a higher post adhoc or on temporary or officiating basis shall be liable to
      reversion to his lower post without notice.
    13. Retirement from service.- A civil servant shall retire from
      service,-
      (i) on such date after he has completed twenty
      years of service qualifying for pension or other
      retirement benefits as the competent authority
      may, in the public interest, direct:
      Provided that no civil servant shall be
      retired unless he has been informed in writing of
      the grounds of the action proposed to be taken
      against him and has been given reasonable
      opportunity of showing cause against that
      action; or
      (ii) where no direction is given under clause (i), on
      the completion of the sixty years of his age.
      Explanation.- In this section, “competent authority” means the
      appointing authority or a person duly authorised by the appointing
      authority in that behalf, not being a person lower in rank than the civil
      servant concerned.
      12
    14. Employment after retirement.- (1) A retired civil servant
      shall not ordinarily be re-employed under Government, unless such reemployment, is necessary in the public interest and is made with prior
      approval of the authority next above the appointing authority:
      Provided that, where the appointing authority is Government, such
      re-employment may be ordered with the approval of Government.
      (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.
      *[(3) Notwithstanding anything contained in this Act or any law in
      force or any judgment of any court, Government shall have shall be
      deemed to always have had the power to appoint any retired civil servant,
      whose services, in view of his expertise, are required by Government in
      the public interest, for a period as deemed appropriate by Government.]
      *Sub-section (3) of section 14 added by the Sindh Civil Servants (Second Amdt.)
      Act, 2013 (Sindh Act No. XXIV of 2013), dt. 21st March, 2013. Declared ultra vires by
      Apex Court reported as 2013-SCMR-1752.
      13
    15. No person convicted for an offence involving moral turpitude
      shall, unless Government otherwise direct, be appointed to a Civil
      Service or post.
    16. Conduct.- The conduct of a civil servant shall be regulated by
      rules made, or instructions issued, by Government or a prescribed
      authority, whether generally or in respect of a specified group or class of
      civil servants.
    17. Efficiency and discipline.- A civil servant shall be liable to
      prescribed disciplinary action and penalties in accordance with the
      prescribed procedure.
    18. Pay.- A civil servant appointed to a post shall be entitled, in
      accordance with the rules, to the pay sanctioned for such post:
      Provided that, when in exigencies of service, the appointment for
      temporary period is made to higher post, the appointing authority may
      direct that the appointee shall, instead of drawing the pay of such higher
      post, draw the pay of the lower post he held immediately before such
      appointment, with such special pay as may be prescribed, but where the
      appointment is made on acting charge basis or by way of current or
      additional charge the pay of the appointee shall be fixed in the prescribed
      manner:
      Provided further that where a civil servant has, under an order
      which is later set aside, been dismissed or removed from service or
      reduced in rank, he shall, on the setting aside of such order, be entitled
      to such arrears of pay as the authority setting aside such order may
      determine.
    19. Leave.- A civil servant shall be allowed leave in
      accordance with the leave rules applicable to him, provided that the
      14
      grant of leave, will depend on the exigencies of service and be at the
      discretion of the competent authority.
    20. Pension and gratuity.- (1) On retirement from service, a
      civil servant shall be entitled to receive such pension or gratuity as may
      be prescribed.
      (2) In the event of the death of a civil servant, whether before or
      after retirement, his family shall be entitled to receive such pension, or
      gratuity, or both, as may be prescribed.
      (3) No pension shall be admissible to a civil servant who is
      dismissed or removed from service for reasons of discipline, but
      Government may sanction compassionate allowance to such a civil
      servant, not exceeding two-thirds of the pension or gratuity which would
      have been admissible to him, had he been invalidated from service on the
      date of such dismissal or removal.
      (4) If the determination of the amount of pension or gratuity
      admissible to a civil servant is delayed beyond one month of the date of
      his retirement or death, he or his family, as the case may be, shall he
      paid provisionally such anticipatory pension or gratuity as may be
      determined by the prescribed authority, according to the length of service
      of the civil servant which qualifies for pension or gratuity; and any over
      payment consequent on such provisional payment shall be adjusted
      against the amount of pension or gratuity finally determined as payable
      to such civil servant or his family.
    21. Provident Fund.- (1) Before the expiry of the third month
      of every financial year, the Accounts Officer or other officer required to
      maintain provident fund accounts shall furnish to every civil servant
      subscribing to a provident fund the account of which he is required to
      maintain a statement under his hand showing the subscriptions to,
      15
      including the interest accruing thereon, if any, and withdrawals or
      advances from his provident fund during the preceding financial year.
      (2) Where any subscription made by a civil servant to his
      provident fund has not been shown or credited in the account by the
      Accounts or other Officer required to maintain such account, such
      subscription shall be credited to the account of the civil servant on the
      basis of such evidence as may be prescribed.
    22. Benevolent Fund and Group Insurance.- All civil servants
      and their families shall be entitled to the benefits admissible under the
      Sindh Government Servants Benevolent Fund Ordinance, 1960 and the
      Sindh Civil Servants Welfare Fund Ordinance, 1979, and the rules made
      thereunder.
    23. Right of appeal or representation:- (1) Where a right to
      prefer an appeal or to 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 may, 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.
      16
      1[23-A. Regularization of out of turn promotions.- (1)
      Notwithstanding anything contained in any law, or order or judgment of any
      Court, all out of turn promotions made immediately before the
      commencement of the Sindh Civil Servants (Amendment) Act, 2013, under
      section 9-A by Government or Competent Authority or otherwise by the
      Police Department shall stand regularized from the dates of such
      promotions.
      (2) All promotions regularized under sub-section (1) above and all
      notifications, proceedings, instructions or orders issued in pursuance of
      such promotions are hereby affirmed and shall be deemed always to have
      been validly made.
      (3) A person aggrieved by any promotion regularized under subsection (1), may file an appeal in the Sindh Service Tribunal, within thirty
      days of the commencement of the Sindh Civil Servants (Amendment) Act,
      2013.]
      2[23-B. (1) Notwithstanding anything contained in this Act or rules
      made thereunder, or in any decree, order or judgment of a court, an
      employee absorbed, or as the case may be, promoted under section 9-A as a
      civil servant against a post in connection with the affairs of the Province and
      holding such post immediately before the date of commencement of the
      Sindh Civil Servants (Second Amendment) Act, 2013, shall be deemed to
      have been validly absorbed, or as the case may be, promoted to that post on
      regular basis with effect from the date of his absorption, or as the case may
      be, promotion.
      1Section 23-A inserted by the Sind Civil Servants (Amdt.) Act, 2013 (Sindh Act
      No. I of 2013), the Sindh Govt. Gaz., Extr. Pt. IV, P. No. 1 dt. February 21, 2013.
      Declared ultra vires by Apex Court reported as 2013-SCMR-1752.
      2Section 23-B inserted by the Sindh Civil Servants (Second Amdt.) Act, 2013
      (Sindh Act No. XXIV of 2013), dt. 21st March, 2013. Declared ultra vires by Apex
      Court reported as 2013-SCMR-1752.
      17
      (2) A person aggrieved by any absorption, or as the case may be,
      promotion regularized under sub-section (1), may file an appeal in the Sindh
      Service Tribunal, within thirty days of the commencement of the Sindh Civil
      Servants (Second Amendment) Act, 2013.]
      23-C. Appointment of Federal Civil Servants.
      (1) Notwithstanding anything contained in this Act, Government
      may, by notification, appoint a person to a civil service of the Province or to
      a post in connection with the affairs of the Province, who immediately before
      the commencement of the Constitution (Eighteenth Amendment) Act, 2010
      (Act No. X of 2010) was holding a post in connection with the affairs of the
      Federation and whose services have been transferred to the Province in the
      wake of the said Amendment Act of 2010.
      (2) Government shall, in prescribed manner, determine the terms
      and conditions of service of the civil servants appointed under sub-section
      (1) including cadre and seniority.
      CHAPTER – III
      MISCELLANEOUS
    24. Saving.- Nothing in this Act or in any rule shall be construed to
      limit or abridge the power of Government to deal with the case of any civil
      servant in such manner as may appear to it to be just and equitable:
      Provided that where this Act or any rule is applicable to the case of a civil
      servant, the case shall not be dealt with in any manner less favourable to him
      than that provided by this Act or such rules.
    25. Removal of difficulties.- If any difficulty arises in giving effect to
      any of the provisions of this Act, Government may make such order, not
      inconsistent with the provisions of this Act, as may appear to be necessary for
      the purposes of removing the difficulty:
      Provided that no such power shall be exercised after the expiry of one
      year from the coming into force of this Act.
      18
      CHAPTER – IV
      RULES
    26. Rules.- (1) Government or any person authorised by it in
      this behalf, may make such rules as appear to be necessary or expedient for
      carrying out the purposes of this Act.
      (2) Any rules, orders or instructions in respect of any terms and
      conditions of service of civil servants duly made or issued by an authority
      competent to make them in force immediately before the commencement of this
      Act shall, in so far as such rules, orders or instructions are not inconsistent
      with the provisions of this Act, be deemed to be rules made under this Act.

  • About Us

    Irfan Mir Halepota & Associates is an internationally recognized Pakistani law firm dealing in Domestic and International Litigation. The firm is highly regarded for its Litigation practice and has represented a large number of clients, including some of the largest national and international corporations, in landmark cases at High Court and Supreme Court of Pakistan.

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    Office # E-26, Executive Floor,
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  • Deed Writing and Registration of Documents Karachi & Islamabad Pakistan

    Deed Writing and Registration of Documents:

    Unfortunately in Karachi including whole Pakistan people avoid to consult with Lawyers for drafting their Legal Documents. They get write-down these valuable documents from in-experienced Deed Writers who don’t know the requirements of legal documentation, which creates the lot of legal complications for them in future. Always get the services of experienced legal expert for drafting of your precious Title Documents.

    We provide legal services of drafting and registration of all types of Legal Documents including:

    Agreements to sell or purchase, Sale Deeds, Gifts, Wills, Exchanges, Lease Agreements

    Contact Us

    Contact us or For more information and articles relating to Pakistani Laws, you may visit our blog

    Irfan Mir Halepota & Associates

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

    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

  • Definitions elaborated in Pakistan Election Act 2017

    Definitions.— In this Act, unless there is anything repugnant in the subject or context,—
    (i) “aalim” means a Muslim scholar who—
    (a) holds a degree or a sanad requiring conclusion of at least sixteen years of education
    recognized by the Higher Education Commission; and
    (b) has at least twenty years’ experience as a teacher or researcher in fields relating to
    the principles and philosophy of Islam and Islamic law;
    (ii) “applicable local government law” means an Act of Majlis-e-Shoora (Parliament) or of a
    Provincial Assembly for establishment of a local government and includes an Ordinance;
    (iii) “Article” means Article of the Constitution;
    (iv) “Assembly” means the National Assembly or a Provincial Assembly;
    (v) “asset” means any property owned or held by a candidate or a Member;
    (vi) “bye-election” means an election to fill a casual vacancy;
    (vii) “candidate” means a person proposed and seconded as a candidate for, or seeking, election as
    a Member;
    (viii) “Code” means the Code of Criminal Procedure, 1898 (Act V of 1898);
    (ix) “Commission” means the Election Commission of Pakistan constituted under Article 218;
    (x) “Commissioner” means the Chief Election Commissioner appointed under Article 213 and
    includes an Acting Chief Election Commissioner appointed under Article 217;
    (xi) “constituency” means a constituency delimited under this Act;
    (xii) “Constitution” means the Constitution of the Islamic Republic of Pakistan;
    2
    (xiii) “contesting candidate” means a validly nominated candidate who has not withdrawn his
    candidature;
    (xiv) “election agent” means a person appointed by a candidate as hiselection agent under this Act,
    and, where no such appointment is made, the candidate acting as his own election agent;
    (xv) “election expenses” means any expenditure incurred before, during and after an election or
    payment made, whether by way of gift, loan, advance, deposit or otherwise, for the
    arrangement, conduct or benefit of, or in connection with or incidental to the election of a
    candidate, including the expenditure on account of issuing circulars or publications but does
    not include the deposit made under section 61 or section 111;
    (xvi) “electoral area” means—
    (a) in rural areas, a village or a census block;
    (b) in urban areas,—
    I. where there is a municipal ward or census block, such ward or census block;
    II. where there is no municipal ward or a census block, a well-defined Mohallah or
    a street;
    III. where the ward or census block, Mohallah or street is too big, a well-defined part
    thereof:
    Provided that a census block shall not be divided except in exceptional
    circumstances for reasons to be recorded;
    (c) such other area as may be determined by the Commission;
    (xvii) “election observer” means a person authorized by the Commission to observe the conduct
    of an election;
    (xviii) “election official” includes an officer or official of the Commission, a District Returning
    Officer, a Returning Officer, an Assistant Returning Officer, a Presiding Officer, an
    Assistant Presiding Officer, a Polling Officer or any officer or official of law enforcing
    agency or other agencies or any other official appointed or deputed to perform duties in
    connection with an election;
    (xix) “Election Programme” means an Election Programme notified by the Commission under
    this Act;
    (xx) “electoral roll” means an electoral roll prepared, revised or corrected under this Act and
    includes the electoral rolls prepared under the Electoral Rolls Act 1974 (XXI of 1974),
    existing immediately before the commencement of this Act;
    (xxi) “Form” meansa Form appended to this Act;
    (xxii) “Government” means the Federal Government and ‘any Government’ means the Federal
    Government, a Provincial Government or a local government;
    (xxiii) “government dues and utility expenses”include rent, charges of rest houses or lodges or
    other accommodation owned by any Government or a body owned or controlled by any
    Government but shall not include the government dues and utility expenses the recovery of
    which has been stayed by any order of a court; or tribunal;
    (xxiv) “loan”, means any loan, advance, credit or finance obtained or written off on or after 31st December, 1985 but shall not include the loan the recovery of which has been stayed by
    a court or tribunal;
    (xxv) “local government” means a local government, by whatever name called, established by
    law;
    (xxvi) “Member” means member of an Assembly, the Senate or a local government;
    (xxvii) “National Database and Registration Authority” means the National Database and
    Registration Authority constituted under the National Database and Registration Authority
    Ordinance, 2000 (VIII of 2000);
    (xxviii) “political party” means an association of citizens or a combination or group of such
    associations formed with a view to propagating or influencing political opinion and
    participating in elections for any elective public office or for membership of a legislative
    body, including an Assembly, the Senate, or local government;
    (xxix) “population” means the population in accordance with the last preceding census officially
    published;
    (xxx) “prescribed” means prescribed by the Rules;
    (xxxi) “Presiding Officer” means a Presiding Officer appointed under this Act for a polling station
    and includes an Assistant Presiding Officer performing the functions of a Presiding
    Officer;
    (xxxii) “provisional” means unofficial and not final;
    (xxxiii) “Registration Officer” means a Registration Officer appointed under this Act and includes
    an Assistant Registration Officer performing the functions of a Registration Officer;
    (xxxiv) “returned candidate” means a candidate who has been declared elected as a Member under
    this Act;
    (xxxv) “Revising Authority” means a person appointed under this Act to hear and dispose of
    claims and objections and applications for corrections relating to the electoral rolls;
    (xxxvi) “Rules” means rules made under this Act;
    (xxxvii) “section” means a section of this Act;
    (xxxviii) “tax” includes a tax levied by any Government, but shall not include taxes the recovery of
    which has been stayed by a court or tribunal;
    (xxxix) “technocrat” means a person who—
    (a) holds a degree requiring conclusion of at least sixteen years of education recognized
    by the Higher Education Commission; and
    (b) has at least twenty years of experience including a record of achievement at the
    national or international level;
    (xl) “validly nominated candidate” means a candidate whose nomination paper has been
    accepted; and
    (xli) “voter” means—
    (a) in relation to an Assembly or a local government, a person who is enrolled as a voter
    on the electoral roll of any electoral area in a constituency; and
    (b) in relation to the Senate, a person who—
    I. for election to a seat from a Province, is a Member of the Provincial Assembly;
    II. for election to seats from the Islamabad Capital Territory, is a Member of the
    National Assembly; and
    III. for election to a seat from the Federally Administered Tribal Areas, is a
    Member of the National Assembly elected from the Federally Administered
    Tribal Areas.

  • Contact Us

    Contact us or For more information and articles relating to Pakistani Laws, you may visit our blog

    Irfan Mir Halepota & Associates

    Karachi Office

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


    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

     

  • Family Law Karachi Pakistan

    Family Law in Karachi, Pakistan

    Family law in Karachi, Pakistan encompasses legal matters relating to marriage, divorce, child custody and support, adoption, and inheritance. The legal system in Karachi follows Islamic principles, as well as some statutory laws that govern familial relationships. It is important to understand the local laws and procedures to navigate family matters effectively.

    Why You May Need a Lawyer

    There are several situations where seeking legal help from a family lawyer in Karachi, Pakistan can be beneficial:

    1. Divorce: If you are contemplating or going through a divorce, a lawyer can guide you through the legal process, help negotiate settlements, and ensure your rights are protected.

    2. Child Custody and Support: Family lawyers can assist in matters related to child custody and support, ensuring the best interests of the child are considered while seeking an equitable arrangement.

    3. Adoption: If you are planning to adopt a child, a lawyer can guide you through the legal requirements and help navigate the adoption process.

    4. Inheritance Disputes: If you are involved in a dispute over inheritance rights or property division within a family, seeking legal assistance can help resolve conflicts and protect your rights.

    5. Marriage Contracts: Before entering into a marriage contract, it is advisable to consult a lawyer who can provide guidance and draft a legally binding agreement that suits your needs and protects your interests.

    Local Laws Overview

    In Karachi, Pakistan, family law is governed by the Muslim Family Laws Ordinance 1961 and other relevant legislation. The key aspects to consider include:

    1. Marriage: Marriage in Karachi can be conducted under Islamic laws or by following the Special Marriage Act, 1872 for interfaith marriages. The minimum age for marriage is 18 for males and 16 for females.

    2. Divorce: Divorce can be obtained through various procedures, including Talaq (Islamic divorce), Khula (divorce at the wife’s request), or mutual consent. Each method has its own legal requirements and procedures.

    3. Child Custody and Support: The court decides child custody based on the welfare of the child. Both parents are responsible for the financial support and upbringing of the child, even after divorce.

    4. Inheritance: Inheritance is governed by Islamic laws, and the distribution of property depends on various factors, including the presence of a will, the number of heirs, and the relationship to the deceased.

    5. Maintenance: Spousal maintenance is determined based on the financial capacity of the supporting spouse and the needs of the spouse seeking maintenance.

    Frequently Asked Questions

    Q: How long does it take to get a divorce in Karachi, Pakistan?

    A: The duration of divorce proceedings can vary depending on the complexity of the case and the method of divorce chosen. It can range from a few months to a few years.

    Q: Can a mother get custody of her child in Karachi, Pakistan?

    A: The court considers the best interests of the child when deciding custody. While the custody is generally awarded to the mother until the child reaches a certain age (7 for sons and puberty for daughters), the court may grant custody to the father or a third party if it deems it more suitable.

    Q: What documents are required for marriage registration in Karachi, Pakistan?

    A: The necessary documents for marriage registration include valid identification documents (e.g., CNIC, passport), age proof, and two witnesses.

    Q: How is property distributed after divorce in Karachi, Pakistan?

    A: Property division is based on Islamic principles and various other factors, including the financial contributions of each spouse, the duration of the marriage, and the needs of dependent children. It is advisable to consult a lawyer to understand the specific circumstances of your case.

    A: Adoption in Karachi requires obtaining a Guardianship Certificate from the Family Court or through a registered adoption agency. The process involves submitting an application, undergoing a rigorous screening process, and complying with the legal requirements.

    Additional Resources

    For further guidance on family law matters in Karachi, Pakistan, consider contacting the following organizations or governmental bodies:

    1. Family Courts: Visit your nearest family court in Karachi for information, guidance, and legal aid pertaining to family matters.

    2. Citizen’s-Police Liaison Committee (CPLC): CPLC in Karachi can provide support and assistance in cases involving domestic violence or other family-related crimes.

    3. Legal Aid Organizations: Organizations such as the Pakistan Women Lawyers’ Association and the Legal Aid Society provide free or low-cost legal aid services to those in need.

    4. Ministry of Human Rights: The Ministry of Human Rights of Pakistan deals with various aspects of human rights, including matters related to women, children, and families.

    5. National Database and Registration Authority (NADRA): NADRA is responsible for vital registration services, including marriage certificates, birth certificates, and national identity cards. They can provide information regarding legal documentation.

    Next Steps

    If you require legal assistance for a family matter in Karachi, Pakistan, follow these steps:

    1. Identify your specific legal issue related to family law.

    2. Consult with friends, family, or colleagues for lawyer recommendations.

    3. Research and shortlist reputable family lawyers based on their experience, expertise, and track record.

    4. Contact the selected lawyers to schedule initial consultations.

    5. During the consultations, discuss your case, ask relevant questions, and evaluate the lawyer’s approach and understanding of your situation.

    6. Based on the consultations, choose a lawyer who instills confidence and has a clear plan of action.

    7. Work closely with your lawyer, providing all necessary documents and information, and follow their advice throughout the legal process.

    8. Maintain open communication with your lawyer, seeking regular updates on your case’s progress.

    Remember, the steps may vary based on your specific circumstances. It is crucial to consult with a qualified family lawyer who can tailor the process according to your needs.

    Adoption Lawyers in Karachi,

    Annulment Lawyers in Karachi,

    Child Abuse Lawyers in Karachi,

    Child Custody Lawyers in Karachi,

    Child Support Lawyers in Karachi,

    Child Visitation Lawyers in Karachi,

    Collaborative Law Lawyers in Karachi,

    Divorce & Separation Lawyers in Karachi,

    Domestic Violence Lawyers in Karachi,

    Father’s Rights Lawyers in Karachi,

    Marriage Lawyers in Karachi,

    Contact Us

    Contact us or For more information and articles relating to Pakistani Laws, you may visit our blog

    Irfan Mir Halepota & Associates

    Karachi Office

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


    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

    Valentine’s Day

  • Hiring a Lawyer in Karachi, Pakistan

    Hiring a Lawyer in Karachi, Pakistan

    Hiring a lawyer in Karachi involves several important steps. Start by identifying your legal needs and the area of law your issue falls under, such as family law, criminal law, or corporate law. Research potential lawyers or law firms specializing in your area by checking online reviews or asking for recommendations from friends, family, or professional networks. Schedule initial consultations with a few lawyers to discuss your case, understand their approach, and inquire about their fees. It’s crucial to ensure your chosen lawyer is registered with the Sindh Bar Council, which is the regulatory authority for lawyers in Karachi. After selecting a lawyer, ensure that all terms of engagement and fees are documented in a formal agreement.

    Why You May Need a Lawyer

    There are numerous situations in Karachi where legal help may be necessary. These include property disputes, marriage and divorce issues, business contract drafting and disputes, employment law concerns, and defense against criminal charges. Additionally, expatriates in Karachi might require assistance with visa and immigration issues, while new businesses may need advice on compliance with local business regulations. Lawyers also play crucial roles in negotiation and settlement, offering representation in courts, and providing tailored legal advice suited to individual or organizational needs.

    Local Laws Overview

    In Karachi, as throughout Pakistan, the legal system is based on British common law and Islamic law. Key aspects include the Constitution of Pakistan, which is the supreme law of the country, provincial laws that apply specifically within Sindh, and federal laws that are applicable nationwide. Laws related to property, criminal offenses, labor rights, and family affairs are particularly pertinent. The judicial system comprises subordinate courts, high courts, and the Supreme Court. Additionally, Karachi has specialized courts like anti-terrorism and banking courts handling specific types of cases. Familiarity with these local laws and procedures is essential for effective legal representation and advice.

    Frequently Asked Questions

    How do I verify a lawyer’s credentials in Karachi?

    You can verify a lawyer’s credentials by checking their registration with the Sindh Bar Council and their track record through local bar associations or online directories.

    What is the typical cost of hiring a lawyer in Karachi?

    Costs vary widely based on the lawyer’s experience, the complexity of the case, and the type of legal service required. It is advisable to discuss fees upfront during the initial consultation.

    Are there free legal aid services available?

    Yes, there are organizations and government bodies that provide free or subsidized legal aid for those who cannot afford private legal representation.

    How long does it usually take to resolve a legal case in Karachi?

    The time to resolve a case depends on its nature and complexity, ranging from a few months for simple cases to several years for more complex litigation.

    Can English-speaking lawyers be found in Karachi?

    Many lawyers in Karachi are proficient in English and can provide legal services in both English and Urdu, accommodating local and expatriate clients.

    How can I find a specialized lawyer for my needs?

    You can find specialized lawyers by researching law firms that focus on specific areas like corporate law, family law, or criminal law, and by seeking recommendations.

    What should I bring to my first consultation with a lawyer?

    Bring any relevant documents related to your legal issue, identification, and a list of questions you have for the lawyer about your case and their services.

    Is mediation a viable alternative to going to court?

    Mediation is often encouraged as a first step to resolve disputes without the need for lengthy court proceedings and can be effective in reaching amicable settlements.

    What are the working hours of law firms in Karachi?

    Most law firms in Karachi operate from Monday to Friday during business hours, although some may offer consultations by appointment on Saturdays.

    How do I change my lawyer if I’m not satisfied?

    You have the right to change your lawyer at any time. It’s best to formally notify your current lawyer and ensure any outstanding issues are settled before hiring a new one.

    Additional Resources

    Helpful resources for legal advice in Karachi include the Sindh Bar Council, Karachi Bar Association, and the Legal Aid Society. International organizations like the United Nations Development Programme (UNDP) may also offer support for legal issues involving human rights. The Pakistan Citizen’s Portal and the online resources provided by the Government of Pakistan can be useful for general legal guidance.

    Next Steps

    If you require legal assistance in Karachi, begin by assessing your specific legal need and researching potential lawyers or law firms that specialize in your area of concern. Arrange consultations to find a lawyer whose expertise and fee structure align with your requirements. Finally, codify your agreement in writing to ensure clarity and adherence to agreed terms. Proactively engaging with the legal system can significantly influence the outcomes of your legal challenges.

  • Civil Litigation Lawyers Karachi

    About Civil Litigation Law in Karachi, Pakistan

    Civil Litigation refers to the legal process used to resolve disputes between individuals, businesses, or organizations in Karachi, Pakistan. It encompasses a wide range of issues including contract disputes, property disputes, tort claims, and other civil matters.

    In Karachi, Pakistan, Civil Litigation follows the procedures and guidelines set forth in the Code of Civil Procedure, 1908. These procedures outline how a lawsuit is initiated, the steps involved in the litigation process, and the remedies available to parties involved.

    Why You May Need a Lawyer

    While it is not mandatory to hire a lawyer for Civil Litigation cases in Karachi, Pakistan, it is highly recommended due to the complexity of legal procedures and the potential impacts on your rights and interests. Here are some common situations where you may need a lawyer:

    • When you are sued or need to file a lawsuit against someone else
    • When you need legal advice or representation during negotiations or settlement discussions
    • When you require assistance gathering evidence and preparing legal documents
    • When you need to navigate the court system and understand your rights

    Local Laws Overview

    In Karachi, Pakistan, the following key aspects of local laws are particularly relevant to Civil Litigation:

    • Jurisdiction: Civil Litigation cases are filed in the appropriate civil courts based on the subject matter and location of the dispute.
    • Limitation Period: There are specific time limits within which a lawsuit can be filed. It is crucial to be aware of these limitations to protect your rights.
    • Evidence and Witnesses: The parties involved in a Civil Litigation case have the right to present evidence, call witnesses, and cross-examine the opposing party’s witnesses.
    • Mediation and Settlement: Parties are encouraged to explore alternative dispute resolution methods such as mediation or settlement negotiations before pursuing litigation.
    • Appeals: If any party is dissatisfied with the judgment of the trial court, they have the right to appeal to a higher court within a specified time frame.

    Frequently Asked Questions

    1. Can I represent myself in Civil Litigation cases in Karachi?

    Yes, you have the right to represent yourself in Civil Litigation cases, but it is recommended to seek legal advice for complex matters or when your rights and interests are at stake.

    2. How long does a Civil Litigation case take to resolve in Karachi?

    The duration of a Civil Litigation case can vary depending on several factors, including the complexity of the dispute and the court’s caseload. Some cases may be resolved within a few months, while others can take several years.

    3. How much will it cost to hire a lawyer for Civil Litigation in Karachi?

    The legal fees can vary based on the complexity of the case, the experience of the lawyer, and the services required. It is advisable to discuss and agree upon the fee structure with your lawyer before engaging their services.

    4. Can I settle a Civil Litigation case out of court?

    Yes, parties involved in Civil Litigation cases are encouraged to explore settlement options through negotiation or alternative dispute resolution methods. A settlement can help save time, costs, and avoid the uncertainties of a trial.

    5. What happens if I do not comply with a court order in a Civil Litigation case?

    If you fail to comply with a court order in a Civil Litigation case, the court may take various actions, such as imposing penalties, striking out your claim or defense, or holding you in contempt. It is essential to abide by court orders to avoid negative consequences.

    Additional Resources

    If you need further information or assistance regarding Civil Litigation in Karachi, Pakistan, the following resources can be helpful:

    • Karachi Bar Association – Provides a directory of qualified lawyers and additional legal resources in Karachi.
    • Sindh High Court – Offers information on court procedures, judgments, and legal services in the Sindh province.

    Next Steps

    If you require legal assistance in Civil Litigation in Karachi, Pakistan, follow these steps:

    1. Gather all relevant documents and information related to your dispute.
    2. Research and identify experienced lawyers who specialize in civil litigation in Karachi.
    3. Contact the selected lawyers to discuss your case and schedule consultations, if necessary.
    4. During the consultation, provide all the details of your case and ask any questions you may have.
    5. Select a lawyer who best meets your needs and proceed with engaging their services.

  • Lawsuits & Disputes Law in Karachi, Pakistan

    About Lawsuits & Disputes Law in Karachi, Pakistan:

    Lawsuits & Disputes law in Karachi, Pakistan pertains to the legal procedures and regulations surrounding civil disputes and court cases. It encompasses a wide range of issues, including contract disputes, property disputes, family disputes, and more.

    Why You May Need a Lawyer:

    There are various situations in which you may require the assistance of a lawyer for Lawsuits & Disputes in Karachi, Pakistan. Some common scenarios include:

    • When you are facing a lawsuit filed against you by another party
    • When you want to initiate a lawsuit against someone else
    • When you are involved in a contract dispute or breach of contract issue
    • When you are dealing with a property dispute or land-related issue
    • When you require legal advice or representation during a family or inheritance dispute

    A lawyer can help protect your rights, provide legal guidance, negotiate on your behalf, and represent you in court if necessary.

    Local Laws Overview:

    There are several key aspects of local laws in Karachi, Pakistan that are particularly relevant to Lawsuits & Disputes:

    • The Civil Procedure Code governs the filing, handling, and resolution of civil disputes in Karachi.
    • The Contract Act outlines the regulations related to contracts and helps resolve contract disputes.
    • The Land Revenue Act deals with property and land-related issues, including disputes and transfers of ownership.
    • The Family Courts Act provides a framework for resolving family disputes, including divorce, child custody, and inheritance matters.
    • The Alternative Dispute Resolution (ADR) mechanism is encouraged and can be utilized as an alternative to going to court.

    Frequently Asked Questions:

    1. Can I file a lawsuit without a lawyer in Karachi?

    Yes, individuals are allowed to file lawsuits without a lawyer in Karachi. However, it is recommended to seek legal representation to navigate the legal complexities and increase your chances of success.

    2. How long does it typically take to resolve a lawsuit in Karachi?

    The duration of a lawsuit varies depending on the complexity of the case, court backlog, and other factors. It can range from several months to several years.

    3. What are the alternatives to going to court for resolving disputes in Karachi?

    Alternative Dispute Resolution (ADR) methods, such as arbitration and mediation, offer alternatives to going to court. These methods aim to resolve disputes outside the formal court system, saving time and costs.

    4. How much does it cost to hire a lawyer for a lawsuit in Karachi?

    The cost of hiring a lawyer in Karachi for a lawsuit varies depending on various factors, such as the complexity of the case, lawyer’s experience, and the fee structure. It is advisable to discuss fees and payment terms with your chosen lawyer.

    5. What rights do I have as a party involved in a lawsuit in Karachi?

    As a party involved in a lawsuit in Karachi, you have the right to be heard, present evidence, cross-examine witnesses, and appeal any unfavorable judgment. It is essential to consult with a lawyer to fully understand your rights and legal options.

    Next Steps:

    If you require legal assistance for Lawsuits & Disputes in Karachi, Pakistan, here are the recommended next steps:

    1. Identify the specific area of law your dispute falls under.
    2. Research and shortlist potential lawyers specializing in that area.
    3. Schedule consultations to discuss your case and assess the lawyer’s expertise.
    4. Select a lawyer who suits your needs and budget.
    5. Engage the lawyer and provide them with all relevant documents and information regarding your dispute.
    6. Follow your lawyer’s guidance throughout the legal process.