Sunday, 17 August 2014

Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974.

GOVERNMENT OF THE PUNJAB
SERVICES, GENERAL ADMINISTRATION AND INFORMATION DEPARTMENT

NOTIFICATION
The 24th August, 1974

No. SOR-III-I-5/74 -- In exercise of the powers conferred by Section 23 of the Punjab Civil Servants Act, 1974, the Governor of the Punjab is pleased to make the following rules, namely:-

THE PUNJAB CIVIL SERVANTS
(APPOINTMENT AND CONDITIONS OF SERVICE) RULES, 1974

PART-I - GENERAL
1.         (1)        These rules may be called the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974.

(2)        They shall come into force at once.

(3)        They shall apply to all civil servants.

Definitions --
2.         In these rules, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say:--

a)         "All-Pakistan Unified Grades" has the same meaning as in All Pakistan Services (Change in Nomenclature) Rules, 1973;

b)         "Appointing authority" in relation to a post means the person authorized under rule 6 to make appointment to the post;

c)         "Autonomous or semi-autonomous organisation" means an organization set up under a law by the Government as a unit separate from the formal departmental organisation;

d)         "Board" means a Selection Board and includes a Provincial Selection Board;

e)         "Commission" means the Punjab Public Service Commission;

f)          *("Committee" means a Departmental Promotion Committee or a Selection Committee;)

(g)        "Department" has the same meaning as in the Punjab Government Rules of Business, 1974;

h)         "Functional Unit" means a group of posts or a part of such group sanctioned as a separate unit in or under a Department;

i)          "Grade" has the same meaning as in the Punjab Civil Servants (Change in Nomenclature of Services and Abolition of Classes) Rules, 1974; and

j)          "Post" means a post in connection with the affairs of the Province.

            (2)        Words and expressions used but not defined shall bear the same meanings as they bear in the Punjab Civil Servants Act, 1974.

3.         (1)        Appointment to posts shall be made by promotion, transfer or initial recruitment, as may be prescribed by the Government in relation to the posts in a grade from time to time:

            @ (Provided that where as a result of retrenchment in, or re-organisation of a Government Department/office or an Autonomous or Semi-Autonomous Organisation set up by the Government, certain posts or cadres are abolished and Government decides, by a special order, to absorb persons rendered surplus in consequence thereof, such persons may be absorbed against such posts in such manner and on such terms and conditions as may be determined by the Government;

            Provided that absorption of such persons shall be made on the recommendations of the Punjab Public Service Commission in case of posts carrying BS-16 and above and in case of other posts on the recommendations of the Committee constituted by the Chief Minister or any officer authorized by him in that behalf;

            Provided further that for purposes of seniority, persons absorbed as above shall be treated as having been appointed by initial recruitment with effect from the date they take over charge in the absorbing functional unit/cadre.)

            [1]Provided further that where no equivalent post is available, he may be offered a lower post in such manner and subject to such conditions, as may be prescribed and where such civil servant is appointed to a lower post, the pay being drawn by him in the higher post immediately preceding his appointment to a lower post shall remain protected.

            (2)        Appointments by promotion or transfer shall be made in accordance with Part II and by initial recruitment in accordance with Part III of these rules.

            (3)        The appointment shall be made from among such persons possessing such qualifications and fulfilling such other conditions as may be prescribed by the Government from time to time.

· 4.      (1)        The Government may constitute Selection Committees to make selection for appointment by initial recruitment and Departmental Promotion Committees to make selection for appointment by promotion or by transfer for posts as may be specified by the Government from time to time.

            (2)        There shall be a Provincial Selection Board and such other selection boards as may be constituted by Government from time to time.

            (3)        The composition of such committees and board and the procedure to be observed by such committees and boards shall be determined by Government.

            (4)        The Provincial Selection Board shall make selection for appointment:-

i)          By promotion and transfer to posts in BS-19 and above and for posts in BS-18 included in the schedule IV of the Punjab Government Rules of Business, 1974;
ii)         By initial recruitment to such posts in BS-16 and above as may be specified to be filled without reference to the Commission under Rule 5 of the Punjab Public Service Commission (Functions) Rules, 1978; provided that any of the functions of the Provincial Selection Board may be entrusted by the Government to any selection board constituted under sub-rule (2) above; and

            (5)        The Government in relation to various posts for which a committee and a board have concurrent jurisdiction, shall, by general or special order, specify the post for which selection will be made by a committee or a board.

5.         Where an appointing authority other than the Chief Minister does not accept the recommendation of a committee or a board, it shall record reasons thereof and obtain orders of next higher authority and act accordingly.

* 6.       Notwithstanding any thing to the contrary contained in any service rules, the authorities competent to make appointment to various posts shall be as follows:

            Post                             Appointing Authority
i) BS 19 and above
ii) BS-18




iii) BS 16 & 17




** iv) BS 1 to 16
Chief Minister
t (Chief Minister for posts included in Schedule IV to the Punjab Government Rules of Business, 1974 and the Administrative Secretary or the Chairman of the Commission in other cases concerning the Secretary or Chairman.
Administrative Secretary concerned or the Chairman of the Commission for posts in the Commission except such posts in BS-16 for which any other authority is prescribed as appointing authority in the service/ recruitment rules relevant to a Department or the Commission.)
Respective authorities exercising such powers immediately before the commencement of these rules or such authorities as may hereafter be empowered.


7.         (1)        A person appointed to a post in a grade against a substantive vacancy shall remain on probation for a period of two years, if appointed by initial recruitment, and for a period of one year, if appointed otherwise; provided that the appointing authority may extend the period of probation by a further period not exceeding two years in all.

            Explanation -- Officiating service and service spent on deputation to a corresponding or a higher post may be allowed to count towards the period of probation.

            (2)        No person shall be confirmed in a post unless he has successfully completed such training and passed such departmental examination as may be prescribed.

            (3)        If no orders have been made by the day following the completion of the initial probationary period, the period of probation shall be deemed to have been extended.

            (4)        Subject to the provisions of sub rule (2) above, if no orders have been made by the day on which the maximum period of probation expires, the probationer shall be deemed to have been confirmed in his appointment from the date on which the period of probation was last extended or may be deemed to have been so extended.

            §Provided that in case of grant of extraordinary leave during the period of probation of two years, the name of the person will be removed from the seniority list and placed on a static list with no claim to promotion, seniority or confirmation for the period he remained on EOL.

            (5)        A probationer, who has satisfactorily completed his period of probation against a substantive vacancy, shall be confirmed with effect from the date of his continuous appointment in such a vacancy:

            Provided that where the period of his probation has been extended under the provisions of sub rule (1) of this rule, the date of confirmation shall, subject to the other provisions of this rule, be the date on which the period of a probation was last extended.

8.         The seniority inter se of persons appointed to posts in the same grade in a functional unit shall be determined:-

            (1) (a)  In the case of persons appointed by initial recruitment in accordance with the order of merit, assigned by the selection authority provided that persons selected for appointment to the grade in an earlier selection shall rank senior to the persons selected in a later selection; and

            (b)        in the case of persons appointed otherwise, with reference to the dates of their continuous appointment in the grade; provided that if the date of continuous appointment in the case of two or more persons appointed to the grade is the same, the older if not junior to the younger in the next below grade, shall rank senior to the younger person.

            Explanation I -- If a person junior in a lower grade is promoted to a higher grade on ad hoc basis, in the public interest, even though continuing later permanently in the higher grade, it would not adversely affect the interest of his seniors in the fixation of his seniority in the higher grade.

            Explanation II -- If a person junior in a lower grade is promoted to higher grade by superseding his senior and subsequently the latter is also promoted, the promoted first shall rank senior to the one promoted subsequently.

            Explanation III -- Subject to the provisions of rule 14 of these rules, a junior appointed to a higher grade shall be deemed to have superseded his senior only if both the junior and the senior were considered for the higher grade and the junior was appointed in preference to the senior.

            (2)        The seniority of the persons appointed by initial recruitment to the grade vis-à-vis those appointed otherwise shall be determined with reference to the date of continuous appointment to the grade; provided that if two dates are the same, the person appointed otherwise shall rank senior to the person appointed by initial recruitment; provided further that inter se seniority of person belonging to the same category will not be altered.

            Explanation -- In case a group of persons is selected for initial appointment at one time, the earliest date on which any one out of the group joined the service will be deemed to be the date of appointment of all persons in the group. Similarly in case a group of persons is appointed otherwise at one time in the same office order the earliest date on which any one out of the group joined the service will be deemed to be the date of appointment of all persons in the group. And the persons in each group will be placed with reference to the continuous date of appointment as a group in order of their inter se seniority.

            (3)        Notwithstanding the provisions of this rule, the seniority lists already prepared in accordance with the rules applicable immediately before the commencement of these rules shall be construed as seniority lists for the respective new grades in respect of persons already in service and amendments therein shall continue to be made in accordance with those rules to settle inter se seniority disputes among them.

            §Provided further that in case of extraordinary leave without pay beyond 5 years, the name of the person to whom such leave is granted will be removed from the seniority list and placed on a separate static list with no claim to promotion or to seniority over any junior who may be promoted during this period and his name will be brought back on the seniority list only after he resumes duty on return and his seniority shall be determined after deducting the period he remained on EOL beyond 5 years. If approved for promotion he will not regain his seniority.

PART-II
APPOINTMENT BY PROMOTION,
TRANSFER OR DEPUTATION

9.         (1)        Appointments by promotions or transfer to posts in various grades shall be made on the recommendations of the appropriate committee or board.

            (2)        Promotion including proforma promotion shall not be claimed as of right by any civil servant.

10.       Only such persons as possess the qualifications and meet the conditions laid down for the purpose of promotion or transfer to a post shall be considered by the Selection Authority.

* (10-A. Appointment on acting charge basis --
            (1)        Appointment on acting-charge basis may be made in the manner hereinafter prescribed.

            (2)        Where the appointing authority considers it to be in the public interest to fill a post reserved under the rules for departmental promotion and the most senior civil servant belonging to the cadre or service concerned who is otherwise eligible for promotion does not possess the specified length of service, the authority may appoint him to that post on acting-charge basis.

            (3)        Where the appointing authority is satisfied on report of the selecting authority that no suitable officer is available to fill a post in a grade 17 and above reserved under the rules to be filled by initial recruitment and it is expedient not to allow the post to remain unfilled, it may appoint to that post on acting-charge basis the most senior officer eligible for promotion to that post.

            (4)        No appointment on acting charge basis shall be made against a post which is likely to remain vacant for period of less than six month.

            (5)        No appointment on acting-charge basis shall be made without the recommendations of the Departmental Promotion Committee or the Provincial Selection Board as the case may be, but such appointment shall not be deemed to have been made on regular basis for any purpose nor shall confer any right for regular appointment.)

@ (10-B Appointment on current-charge basis --
            (1)        Where a post is likely to remain vacant for a period of less than ¨one year and the appointing authority does not consider it expedient to make an appointment on ad hoc basis, it may appoint the senior most civil servant, who in the opinion of the appointing authority, is eligible and suitable for promotion under the relevant rules, on current-charge basis.

            (2)        An appointment made on current-charge basis shall come to an end on appointment of a person on regular basis or on the expiry of ¨one year, whichever is earlier.)

** 11.   Appointments by transfer may be made if transfer is prescribed in the relevant service rules as a method of appointment to such post:

            (i)         from one functional unit to another functional unit if the person holds an appointment on regular basis in the same basic scale and rank as that of the post to which appointment by transfer is proposed to be made provided he possesses the qualifications prescribed for initial recruitment to such posts; or

            (ii)        from amongst persons holding appointments in Federal Government and other provinces of Pakistan if the person fulfills conditions of appointment to the post to which he is transferred and satisfies such other conditions as may be laid down by the Government in this respect:

            Provided that persons holding posts in All Pakistan Unified Grades may be appointed by transfer to a certain number of posts as may be determined from time to time.

12.       Until the rules laying down the qualifications and other conditions for the purposes of promotion are made, no person shall be promoted to a post in higher grade on regular basis unless he has passed such test as may be specified by the appointing authority to be conducted by the selection authority;

            Provided that the Government may dispense with the requirement of passing the test in relation to such posts as may be specified.

@ 13.  (Appointment by promotion on officiating basis.
            (i)         Where a post falls vacant as a result of deputation, @@ posting outside cadre, leave, suspension or appointment on acting-charge basis of the #(regular) incumbent or is reserved under the rules to be filled by transfer, if none is available for transfer, the appointing authority may make appointment by promotion against such post on officiating basis.

            (ii)        No person shall be promoted on officiating basis unless he possesses the qualifications and experience prescribed for the post and his promotion as such is approved by the chairman of the appropriate selection authority.

            (iii)       An officiating promotion shall not confer any right of promotion on regular basis but shall be liable to be terminated as soon as a person becomes available for promotion on regular basis.

            (iv)       Officiating promotion shall be made on the same terms and conditions as to pay as are prescribed for regular appointment by promotion.)

* 14.     (All persons holding posts in the same functional unit who possess the minimum qualifications and experience prescribed for a higher post reserved for departmental promotion, shall be eligible to compete for promotion in the manner and subject to the conditions as may be prescribed.)

** 14.A Out of turn promotion:-
            Notwithstanding anything contained in these rules, a civil servant eligible for promotion against a post reserved for promotion in the respective functional unit may be promoted, out of turn, in consideration of criteria laid down in Section 8-A of the Punjab Civil Servants Act, 1974, on the recommendations of the following Boards; with the approval of the Chief Minister:-

1)         Posts in BPS-17 and above    Provincial Selection Board.

2)         Posts in BPS-1 to 16               Special Selection Board comprising Additional Chief Secretary; Finance Secretary, Secretary Law, Secretary (Services) SGA&ID, Secretary O&M/ Deputy Secretary (Reg:), SGA&ID.

15.       (1)        A person in the service of an autonomous or semi-autonomous organisation who possesses minimum educational qualifications, experience or, comparable length of service prescribed for the post shall be eligible for appointment to the said post on deputation, for a period not exceeding three years at a time, on such terms and conditions as may be sanctioned by the Government in consultation with the lending organisation.

            (2)        Subject to any rules or orders on the subject issued by the Government, a civil servant who fulfills the conditions and is considered suitable may be sent on deputation to an autonomous or semi-autonomous organisation, established by law, on such terms and conditions as may be decided by appointing authority in consultation with the borrowing organisation.

            Provided that leave and pension contributions shall invariably be made by the borrowing organisation.

PART-III
INITIAL APPOINTMENT
¨“16.   Initial recruitment to the posts in Grade 16 and above and such other posts in BS.11 to BS.15 as are notified by the Government, except those which, under the Punjab Public Service Commission (Functions) Rules, 1978, do not fall within the purview of the Commission or which are specified to be filled without reference to the Commission, shall be made on the basis of the examination or test conducted by the Commission.”

17.       Initial appointment to all posts in grades 1 and above except those filled under rule 16, shall be made on the basis of examination or test to be held by the appropriate committee or the board, as the case may be, after advertisement of the vacancies in newspapers, or in the manner to be determined by the Government.

@@ 17.A. Notwithstanding anything contained in any rule to the contrary, whenever a civil servant dies while in service or is declared invalidated/incapacitated for further service, one of his unemployed children may be employed by the Appointing Authority against a post to be filled under rules 16 and 17 for which he/she possesses the prescribed qualification and experience and such child may be given 10 additional marks in the aggregate by the Public Service Commission or by the appropriate Selection Board or Committee provided he/she otherwise qualifies in the test/examination and/or interview for posts in BS-6 and above.

            Provided further that one child of a Government servant who dies while in service or is declared invalidated/incapacitated for further service shall be provided a job against posts in BS-1 to 5 in the department in which the deceased Government servant was working, without observance of formalities prescribed under the rules/procedure. Provided such child is otherwise eligible for the post.

# (18.   (1)        A candidate for initial appointment to a post must possess the prescribed educational qualifications and experience and also, except as provided in the rules framed for the purpose of relaxation of age limit, must be within the age limit as laid down for the post:

            Provided that experience, where prescribed, would include equivalent experience, to be determined by the Government in a profession or in the service of an autonomous or semi-autonomous organisation or a private organisation.

            (2)        (i) Where recruitment is to be made on the basis of a written examination, age shall be reckoned as on the first of January of the year in which the examination is proposed to be held; and

                        (ii) in other cases, as on the last date fixed for submission of applications for appointment.)

* (19.   (1)        No person shall be appointed to a post unless he is a citizen of Pakistan, provided that this restriction may be relaxed by Government in suitable cases.

            (2)        No person, who has married a foreign national shall be appointed to a post; provided that this restriction may be relaxed by Government in case of a person who has married a citizen of India §or citizen of Bangladesh.)

20.       Vacancies in various posts shall be filled from persons domiciled in the province of the Punjab in accordance with merit; provided that for a period not exceeding ** (20) years from the commencing day of Constitution of the Islamic Republic of Pakistan, such posts may be reserved for persons domiciled in such areas as may be specified.

21.       A candidate for appointment must be in good mental and bodily health and free from any physical defect likely to interfere with the discharge of his duties. A candidate who after such medical examination as Government may prescribe is found not to satisfy these requirements shall not be appointed.

# (21.A.           (1)        No person, not already in Government service, shall be appointed to a post unless he produces a certificate of character from the principal Academic Officer of the academic institution last attended and also certificates of character from two responsible persons not being his relatives who are well acquainted with his character and antecedents.

            (2)        Notwithstanding anything in sub rule (1) an appointment by initial recruitment shall be subject to the verification of character and antecedents of the candidate or the person appointed to the satisfaction of the appointing authority.)

            ©(3)     Alteration in the date of birth.

”The date of birth once recorded at the time of joining government service shall be final and there-after no alteration in the date of birth of a civil servant shall be permissible.”
PART-IV
AD HOC APPOINTMENTS
22.       (1)        When a post is required to be filled, the appointing authority shall forward a requisition to the selection authority immediately after decision is taken to fill the post.

            (2)        After forwarding a requisition to the selection authority, the appointing authority may, if it considers necessary in the public interest, fill the post on ad hoc basis for a period not exceeding * (one year) pending nomination of a candidate by the selection authority:

Provided; 1)     the vacancy is advertised properly in the newspapers;

                 2)    the appointment is made of a person duly qualified in accordance with the provisions of the rules and orders applicable to the post;

                 3)    the selection is made on the basis of merit determined by objective criteria;

                 4)    the appointment order certifies that a requisition has been sent to the selection authority; and
                
                 5)    the appointment is made subject to revocation at any time by the competent authority;

            Provided further that ad hoc appointment shall not confer any right on the persons so appointed in the matter of regular appointment to the same post nor the service will count towards seniority in the grade.

@(3)
PART-V
RELAXATIONS
23.       * (The Chief Minister may, for special reasons to be recorded in writing, relax any of the rules in any individual case of hardship, to the extent prescribed by him.)

HISTORY OF AMENDMENTS AND ORIGINAL VERSION OF RULES
Rule 2 (f)
Original Version of Rule 2 (f).

"2. (f) "Committee" means a Departmental Promotion Committee or a Departmental Selection Committee"

The above original version was substituted vide Notification No. SOR.III-16/86 dated 17.2.1987 as under:

"Committee" means a Departmental Promotion Committee, a Departmental Selection Committee or a Recruitment Advisory Committee.

The substitution made vide Notification No. SOR-III-1-16/86, dated 17.2.1987 was withdrawn vide Notification No. SOR-III-1-16/86, dated 20.4.1988. Consequently, original version was restored which was again substituted vide Notification No. SOR.III(S&GAD)2-122/89 dated 20.12.1989 as given at page 17.

Rule 4
The whole Rule 4 consisting of 9 sub-rules was substituted vide Notification No. SOR-III (S&GAD)2-122/89 dated 20.12.89 as given at page 18 Amendments made from time to time in the 9 sub-rules are detailed below:-

Original version of Sub-Rule (1) of Rule 4.

"4.(1) In each Department or Office of the Government, there shall be one or more Departmental Promotion Committees and Departmental Selection Committees."

After the full stop at the end of Rule 4 (1) the following words were added vide Notification No. SOR-III-1-16/86 dated 17.2.1987.

Provided that there shall be one Recruitment Advisory Committee at District level for all departments.

The above addition was withdrawn vide Notification No. SOR-III-1-16/86 dated 20.4.1988. Thereafter through another amendment made vide Notification No. SOR-III-2-35/89 dated 15.5.1989 a proviso was added below the sub-rule (1) of Rule, 4, as under:-

            Provided that there shall be one Departmental Selection Committee at District level for purposes of making recruitment to district cadre posts in BS-1 - 15 of all departments.

Sub-rule 2
The original version of sub-rule (2) is given hereunder :-

            (2) There shall be a Provincial Selection Board and such other Selection Boards as may be constituted by Government from time to time.

Sub-rule (3)
Original version of Sub-Rule (3) of Rule 4.

4.         (3) Each such Committee or Board shall consist of at least three members one of whom shall be appointed as Chairman.

After the full stop at the end of sub rule (3) of Rule 4 the following words were added vide Notification No. SOR-III-1-16/86 dated 17.2.1987.

Provided that the Recruitment Advisory Committee shall be constituted as may be notified by the Government from time to time.

The sub-rule (3) was substituted vide Notification No. SOR-III-1-16/86 dated 10th June, 1987 as under:-

            (3) Each such Committee or Board shall consist of at least three members, except in the case of Recruitment Advisory Committee, one of whom shall be appointed as Chairman.

Sub-rule 4
Original version of sub-rule (4) of rule 4 is as under:-

            (4) The composition of such Committees and Boards and the procedure to be observed by such Committees and Boards shall be determined by Government.

Sub-rule 5
Original version of sub-rule 5 of rule 4 is as under:-

            (5) The appointing authority or its representative shall be ex-officio member of the Board making selection.

Sub-rule 6
Original version of Sub-Rule 6 of rule 4 is as under:-

            (6) A Departmental Promotion Committee shall make selection for appointment by promotion or transfer to posts in or under a Department or Office for which it is constituted in Grades 18 and below.

This Sub-rule 6 was substituted vide Notification No. SOR-III-1-39/78 dated 10.7.1981, as below:-

"(6) A Departmental Promotion Committee shall make selection for appointment by promotion or transfer to posts in or under a Department or Office for which it is constituted in Grade 17 and below."

This sub-rule was again substituted vide Notification No. SOR-III-2.25/86 dated 21.9.1986 as under :-

            (6) A Departmental Promotion Committee shall  make selection for appointment by promotion, or transfer to posts in or under a Department or Office for which it is constituted in BPS 16 and 17 and also for posts in Bs-18 other than those included in schedule IV of Punjab Government Rules of Business, 1974.

Sub-rule 7
Original version of Sub-Rule 7 of Rule 4 is given hereunder :-

            (7) A Departmental Selection Committee shall make selection for appointment by initial recruitment to posts in or under a Department or Office for which it is constituted in Grades 15 and below and such other posts in Grades 16 and above as may be specified to be filled without reference to the Commission under rule 5 of the Punjab Public Service Commission (Functions) Rules, 1974.

The above Sub-Rule 7 was substituted vide No. SOR-III-1-39/78 dated 10.7.1981.

A Departmental Selection Committee shall make selection for appointment by initial recruitment to posts in or under a Department or Office for which it is constituted in Grade 15 and below.

The following words were added after deleting the full stop after the word below vide Notification No. SOR-III-2-23/86 dated 8.5.1987:-

"and the post of Superintendent in non-Secretariat office."

After the full stop appearing at the end of sub-rule (7) the following addition was made vide Notification No. SOR-III-1-16/86, dated 17.2.1987.

"Recruitment Advisory Committee shall make recommendations for appointment by initial recruitment to all posts in BS-1 to BS-6 in the district cadres of all departments. Recommendations of the Recruitment Advisory Committee shall be of advisory nature and the respective appointing authorities may issue appointment orders as per recommendations of these Committees."

The above addition made vide Notification No. SOR-III-1-16/86 dated 17.2.1987 was withdrawn through Notification NO. SOR-III-1-16/86 dated 20.4.1988.

A proviso to this sub-rule was added vide Notification No. SOR-III-2-35/89, dated 15.5.1989 as under:-

            Provided that the Departmental Selection Committees at district level headed by the Dy. Commissioner concerned shall make selection for appointment by initial recruitment to all district cadre posts in BS-1-15 of all departments.

Sub-rule 8
Original version of Sub-Rule 8 of Rule 4 is given hereunder:-

(8) A Selection Board shall make selection for appointment by initial recruitment, transfer or promotion to all posts in Grades 15 and below and such other posts in Grade 16, 17 and 18 as may be specified to be filled without reference to the Commission under rule 5 of the Punjab Public Service Commission (Functions ) Rules, 1974.

The above version was substituted as below vide Notification No. SOR-III-1-39/78 dated 10.7.1981.

The Provincial Selection Board shall make selection for appointment--

1.         by promotion and transfer to posts in Grade 18 and above ; and

2.         by initial recruitment to such posts in Grade 16 and above as may be specified to be filled without reference to the Commission under rule 5 of the Punjab Public Service Commission (Functions) Rules, 1978; and

The above mentioned clause (I) was substituted as under vide Notification No. SOR-III-2-25/86 dated 21st September, 1986:

"By promotion and transfer to posts in BS-19 and above and for posts in BS-18 included in the schedule IV of the Punjab Government Rules of Business, 1974."

Through an amendment made vide Notification No. SOR-III-1-12/87 dated 27.6.1987, the word "and" appearing after semicolon in clause (2) above was deleted and the following provision was added thereunder:-

** (and Provided that any of the functions of the Provincial Selection Board may be entrusted by the Government to any Selection Board constituted under clause (2) above.)

The above notification No.SOR.III-1-12/87 dated 27th June, 1987 was superseded vide Notification No. SOR.III.2.20/86, dated 19th October, 1987 and it was given effect from 21.8.1986. The word "and" appearing in clause (2) after semi-colon was again deleted through this amendment:-

"and Provided that any of the functions of the Provincial Selection Board may be entrusted by the Government to any Selection Board constituted under clause (2) above."

Sub-rule 9
Original version of Sub-rule 9 of Rule 4 which was deleted vide Notification No. SOR-III-1-39/78 dated 10.7.1981.

(9) The Provincial Selection Board shall make selection for appointment ----

            (i) by promotion and transfer to posts in Grades 19 and above and such other posts in Grade 18 as may be specified; and

            (ii) by initial recruitment to such posts in Grades 19 and above as may be specified to be filled without reference to the Commission under rule 5 of the Punjab Public Service Commission (Functions) Rules, 1974.

Moreover, sub-rule 10 was re-numbered as sub-rule (9) vide Notification No. SOR-III-1-39/78 dated 10.7.1981. The original version of sub-rule (10) which was re-numbered is given below :-

            (10)  The Government, in relation to various posts for which a Committee and a Board have concurrent Jurisdiction, shall, by general or special order, specify the post for which selection will be made by a Committee or a Board.

Rule 6
Original version of Rule 6

6.         The authorities competent to make appointment to various grades shall be as follows;

Grades                                 Appointing Authority

Grade 16 and above            Government

Grade 1-15                           Respective authorities exercising such powers immediately before the commencement of these rules or such authorities as may thereafter be empowered.

The above Rule 6 was substituted vide Notification No. SOR.IV(S&GAD) 15-4/85 dated 24.12.1985 as under:

6.         Notwithstanding anything to the contrary contained in any service rules, the authorities competent to make appointment to various posts shall be as follows:

Posts                                                   Appointing Authority

i) BPS 19 and above                  Chief Minister
ii) BPS 18                                   Chief Minister for posts included in schedule IV of Punjab Government Rules of Business, 1974 and the administrative secretaries concerned in other cases.
iii) BPS 16 & 17                          Administrative secretaries concerned.
iv)  BPS 1-15                              Respective authorities exercising such powers immediately before the commencement of these rules or such authorities as may hereafter be empowered.

Entries at Sr. No. (i) and (ii) above are still operative (may be seen at page 19). However, entries at (iii) and (iv) below the heading Posts were substituted vide Notification No. SOR.III-2-23/86 dated 8.5.1987 as under:-

iii)                    BPS-16 and 17 (except posts of superintendent in non-secretariat offices).
iv)                    BPS-1 to 15 and BPS-16 posts of superintendent in non-secretariat offices.

Thereafter, entries mentioned above at Sr. No. iii and iv were again substituted vide Notification No. SOR.III-2-23/86 dated 24.6.1990 as given as under:

iii)                    BPS-16 and 17
iv)                    BPS-1 to 16

Original version of ii) and iii) in the table of Rule 6 which was substituted vide Notification No. SOR.III.1-9/89 dated 20.8.1998 as under:

Chief Minister for posts included in Schedule IV of Punjab Government Rules of Business, 1974 and the Administrative Secretaries concerned in other cases.

Administrative Secretary concerned or the Chairman of the Commission for posts in the Commission except such posts in BS-16 for which any other authority is prescribed as appointing authority in the relevant service/recruitment rules relevant to a Department or the Commission.

Rule 10
            Rule 10-B was substituted vide notification No. SOR.III-1-14/75 dated 26.2.1983 with the following text:-

(10-B   Appointment on current-charge basis --
            (1)        Where a post is likely to remain vacant for a period of less than six months and the appointing authority does not consider it expedient to make an appointment on ad hoc basis, it may appoint any civil servant to that post on current-charge basis.

            (2)        An appointment made on current-charge basis shall come to an end on appointment of a person on regular basis or on the expiry of six months whichever is earlier.)

Rule 11
(Appointments by transfer may be made:-
            (i)         from one functional unit to another functional unit if the person holds an appointment on a regular basis in the same grade as that of the post to which appointment is proposed to be made; or

            (ii) from amongst persons holding appointments in Federal Government and other provinces of Pakistan if the person fulfills conditions of appointment to the post to which he is transferred and satisfies such other conditions as may be laid down by the Government in this respect:

            Provided that persons holding post in All Pakistan Unified Grades may be appointed by transfer to a certain number of posts as may be determined from time to time.)

            The above rule was substituted vide Notification No. SOR.III-1-14/75 dated 17.10.1993.

Rule 13
Original version of Rule 13

13.       (1)        No person shall be promoted on ad hoc basis unless he possesses the qualifications for the post and his appointment as such is approved by the chairman of the appropriate selection authority.
            (2)        An ad hoc promotion shall terminate on the expiry of six months from the date of promotion or on the date regular promotion is ordered, whichever is earlier.

            The above mentioned rule 13 comprising two sub rules, was substituted vide Notification No. SOR.IV-1-14/75 dated 12.3.1985 by four clauses as under:

            (i) Where a post falls vacant as a result of deputation, leave or appointment on acting-charge basis of the regular incumbent or is reserved under the rules to be filled by transfer, the appointing authority may make appointment by promotion against such posts on officiating basis.

            (ii), (iii), (iv) as given at page 23, 24.

            However, the above mentioned clause 1 was again substituted vide Notification No. SOR.III-1-14/75 (P) dated 10.1.1990 as given at page 23.

Rule 14
Original version of Rule 14 which was substituted vide Notification No. SOR.III (SGA&ID) 1-14/75 dated 28.7.1987.

14.       (1)        All persons holding posts in a functional unit in the same grade who possess the minimum qualifications and experience prescribed for promotion shall be eligible to compete for promotion and take part in the test to be held for the purpose.

            (2)        A person who fails in the test and is not promoted on the basis of competitive merit, shall be deemed to have been superseded by his juniors who are promoted provided that inter se seniority of the officers thus promoted shall be maintained on promotion:

            Provided that a person, who was not able to take part in the test due to reasons, beyond his control, may be permitted in writing one more change by the appointing authority and, if so allowed, shall retain his inter se seniority on promotion if he does not fail in a special test, which may be held for the purpose, or the next regular test, following the previous test in which he did not appear. In any other case a person not appearing in the test shall be deemed to have failed in the test and has been superseded.

Rule 16 (1)
Initial recruitment to the posts in grade 16 and above and such other posts in BS-11 to 15 as are referred to it by the Chief Minister, except those which under the Punjab Public Service Commission (Functions), Rules 1978 do not fall within the purview of the commission or which are specified to be filled without reference to the commission, shall be made on the basis of examination or test conducted by the Commission.

Rule 16 (2)
Notwithstanding anything contained in any rule to the contrary, whenever a civil servant dies while in service and during the performance of the duty, any one of his children may be employed by the Government against a post for which he possesses the prescribed qualifications and experience without observance of the procedure laid down in rules 16 (1) and 17 ibid.

Original version of Rule 16(1) substituted by Notification No. SOR.III-2-2/91 dated 24.3.1996 is as under:-

16 (1)   Initial appointment to the posts in Grade 16 and above, except those which, under the Punjab Public Service Commission (Functions) Rules, 1978, do not fall within the purview of the Commission or which are specified to be filled without reference to the Commission, shall be made on the basis of examination or test conducted by the Commission.

            @ (2)

Rule 17-A
Notwithstanding anything contained in any rule to the contrary, whenever a civil servant dies while in service or is declared invalidated/incapacitated for further service, any one of his unemployed children, if any, may be employed by the Appointing Authority against a post to be filled under rules 16 and 17 for which he/she possesses the prescribed qualifications and experience and such child may be given 10 additional marks in the aggregate by the Public Service Commission or by the appropriate Selection Board or Committee, provided he/she otherwise qualifies in the test, examination and/or interview

Rule 22 (3)
Original version of sub rule (3) of Rule 22 which was deleted vide Notification No. SOR III (S&GAD) 1-14/86 dated 11.3.1975.

22.       (3)        Governor may, for special reasons, relax any of these conditions in any individual case.

Rule 23
Rule 23 was added in these rules as below vide Notification No. SOR.III 1-14/75 dated 11.3.1975.

"23.      Government may, for special reasons, relax any of the rules in any individual case".

            This rule was substituted vide Notification No. SOR.III 1-14/75 dated 6.2.1978, as under:

Government may, for special reasons to be recorded in writing, relax any of the rules in any individual case of hardship to the extent prescribed by Government."

            This rule was further substituted vide Notification No. SOR.III-1-14/75 dated 14.10.1993 as under:-

“23. The Governor may for special reasons to be recorded in writing and after consultation with the PPSC, relax any of the rules in any individual case or hardship to the extent prescribed by him.”

            This rule was again substituted vide Notification No. SOR.III-1-14/75 dated 14.10.1993 as under:-

“23. The Chief Minister may, for special reasons to be recorded in writing, relax any of the rules in any individual case of hardship, to the extent prescribed by him.”





* Substituted vide Notification No. SOR.III(S&GAD)2-122/89 dated 20.12.1989. History of amendments is available at page No. 30.
@ Added vide No. SOR.III-2-21/87, dated 17.2.1988.
[1] Added vide Notification No. SOR.III.2-32/88 dated 19.09.2001.
· Substituted vide Notification No. SOR.III(S&GAD) 2-122/89, dated 20.12.1989. History of amendments is available at page 30.
* For history of amendments in Rule 6 see page 34.
** Substituted vide Notification No. SOR.III-2-23/86, dated 24.6.1990. Previous version is available at page 35.
t Substituted vide Notification No. SOR.III.1-9/89 dated 20.8.1998.
§ Proviso added after Rule 7 (4) vide Notification No. SOR.III-2-52/99 dated 20th November, 2001.
§ Proviso added after Rule 8 (3) vide Notification No. SOR.III-2-52/99 dated 20th November, 2001.
* Added vide Notification No. SOR.III-1-14/75 dated 26.2.1983.
@ Substituted vide notification No. SOR.I(S&GAD)16-32/94 dated 4.9 1994 (original version at page 35).
¨ The words “six months” substituted with the words “one year” in sub-rule (1) and (2) vide Notification No. SOR.III-2-58/97 dated 9.9.1999.
** Substituted vide Notification No. SOR.III-1-14/75 dated 17.10.1993. Previous version is available at page 35.
@ For history of amendments in rule 13 see page 36.
@@ Inserted vide Notification No. SOR.III (S&GAD)1-14/75 (P) dated 26.10.1992.
# Deleted vide Notification No. SOR.III-1-14/75 dated 23rd July, 1990.
* Substituted vide Notification No. SOR.III-1-14/75, dated 28.7.1987. Original version is available at page 36.
** Added vide Notification No. SOR.IV (SGA&ID)15-6/87, dated 9.2.1989.
¨ Substituted vide Notification No. SOR.III.1-14/75 dated 20.5.2001. Previous version is available at page 37.
@@ Substituted vide Notification No. SORIII-2-42/92 dated 28.8.1993. Previous version is available at page 37.
# Rule 18 was renumbered as 18(1) and sub rule (2) was added vide Notification No. SOR.III-1-14/75 dated 1.4.1976.
* Rule 19 was renumbered as 19(1) and sub rule (2) was added vide Notification No. SOR.III-1-14/75 dated 1.4.1976.
§ In Rule 19 (2), words “or citizen of Bangladesh” added vide Notification No. SOR. IV (S&GAD) 1-9/96 dated 28th October, 1997.
** Substituted for the figure "10" vide Notification No. SOR.IV(S&GAD) 15-3/86 dated 3.6.1986.
# Added vide Notification No. SOR.III-1-14/75, dated 1.4.1976.
© Added vide Notification No. SOR.III-1-14/75 dated 15.11.2000.
* Substituted for the words "six months" vide Notification No. SOR.III-1-39/78, dated 14.6.1982.
@ Deleted vide Notification No. SOR.III-1-14/75 dated 11.3.1975. Original version at page 37.
* Substituted vide Notification No. SOR.IV (SGA&ID) 15-4/85 dated 24.12.1985. Previous versions are available at page 38.
@ Sub rule (2) was deleted vide Notification No. SOR.IV(S&GAD) 15-2/86 dated 25.12.1987.

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