Law: Agricultural Development Bank of Pakistan Ordinance, 1961

Section: 3

Law: Agricultural Development Bank (Staff Service) Regulations, 1961

Section: 13, 95

(a) Agricultural Development Bank Ordinance (IV of 1961), S. 3 read with Constitution of Pakistan (1964 Art. 98(2)(a)(ii) and Constitution of Pakistan (1972), Art. 201(2)(a)(ii)-Bank consti tuted under Ordinance IV of 1961 is a public statutory Corpora tion engaged in performance of functions in connection with affairs of Province and Centre-Employee of public statutory Corporation not per se subject to general law of master and servant-Statutory rules framed laying down terms and conditions of service of employees of statutory corporation-Terms and conditions of service contained in rules govern employee and not general law of master and servant-Relief under Art. 98(2)(a)(ii), Constitution of Pakistan (1962) and under Art. 201(2)(a)(li) of Constitution of Pakistan (1972) available to such servant. The Agricultural Development Bank of Pakistan functions under the complete control of the Government and also is financed by it. The preamble of the Agricultural Development Bank Ordinance, 1961, shows that the reason for establish ment of this Bank was to make "better provision for offering credit facilities to agriculturists and persons engaged in cottage industries in the rural areas and for matters connected there with." Pakistan has admittedly an agricultural economy and the functions assigned to this Bank are eminently the functions of Government which had even before the establishment of the Bank been providing taqavi loans from time to time for the same purpose to the agriculturists. The Bank is, therefore, a public statutory corporation engaged in the performance of functions in connection with the affairs primarily of the Pro vince but also of the Centre. (b) Master and servant-Law of-When not applicable. An employee of a statutory public corporation is not per se subject to general law of master and servant. In case there are conditions contained in statute or statutory rules with regard to the engagement, terms of employment, removal from service or control of such employee, the general law of master and servant shall give way to these conditions and the service of the persons concerned shall be governed by the latter and not by the former.…