23/12/2024, 19:03
The Punjab Defamation Act 2024
(2)
A Member shall be appointed by the Government in consultation with the
Chief Justice of the Lahore High Court, and no person shall be appointed as a Member
unless he has been a Judge of the Lahore High Court; or is or has been a District Judge or
is an Advocate of Supreme Court of Pakistan, qualified to be appointed as a Judge of the
Lahore High Court.
(3)
For the purposes of sub-section (2), in order to achieve effective,
meaningful and purposive consensus, and to ensure transparency, the process for
appointment of the Member shall be as follows:
(a)
where the Member is to be appointed is from the judiciary, the Chief
Justice shall nominate three (3) qualified persons, and the
Government shall appoint one of such three as the Member. In case
the Government is not satisfied as to the qualification or suitability
of any of the three nominations, it shall return the recommendation
with reasons to be recorded in writing, whereupon the Chief Justice
shall send a fresh recommendation of three nominees, till a Member
is appointed as per the procedure prescribed herein;
(b)
where the Member is to be appointed is from the legal fraternity, the
Government shall nominate three (3) qualified persons, and the
Chief Justice shall approve one of such three as the Member. In case
the Chief Justice is not satisfied as to the qualification or suitability
of any of the three nominations, he shall return the recommendation
with reasons to be recorded in writing, whereupon the Government
shall send a fresh recommendation of three nominees, till a Member
is appointed as per the procedure prescribed herein.
(4)
A Tribunal shall hold its sittings at such place within its territorial
jurisdiction as may be determined by the Government.
(5)
A Member shall be initially appointed for a term of three years or till
reaching the retiring age, whichever is earlier, from the date on which he enters upon
office.
(6)
The term of the office of the Members shall be subject to renewal after
every eighteen (18) months after evaluation of their performance by a Performance Review
Committee, to be constituted under the Rules. The Committee shall evaluate the Members
on the following touchstone:
(a)
adherence to statutory timelines;
50%
(b)
competence and fitness;
25%
(c)
integrity.
25%
(7)
The retiring age of the Member, not being a serving District Judge, shall be
seventy (70) years.
(8)
The salary, allowances and other terms and conditions of service of a
person appointed as a Member, including that of a serving District Judge while discharging
his duty as Member, shall be such as the Government may determine by the Rules. In case
of a serving District Judge, he will be entitled to such additional allowances and benefits,
which shall equate his benefits as that of any other Member appointed by the Government
in terms of this section and the Rules made under this Act.
9.
Resignation and removal of Member.– (1) A person, not being a serving District
Judge, appointed as a Member under section 8 may, by notice in writing under his hand
addressed to the Government, resign from his office.
(2)
A person appointed as a Member under section 8 may be removed from the
office by the Government prior to completion of his tenure, after seeking consultation with
the Chief Justice of the Lahore High Court.
punjablaws.gov.pk/laws/2884.html
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