NOTIFICATION
The 4th June, 1974
No. PAP/Legis-2(5)/74/62 -- The Punjab Civil
Servants Bill, 1974 having been passed by the Provincial Assembly of the Punjab
on the twenty-ninth day of May, 1974 and assented to by the Governor of the
Punjab on the 4th day of June, 1974, is hereby published as an Act of the
Provincial Legislature of the Punjab.
THE PUNJAB CIVIL SERVANTS ACT, 1974
Punjab Act No. VIII of 1974
(First published, after having received the
assent of the Governor of the Punjab, in the Gazette of the Punjab
(Extraordinary), dated the 4th June, 1974).
To
regulate the appointment to, and the terms and conditions of service in respect
of the services of the Province of the Punjab.
Preamble
WHEREAS
it is expedient to regulate by law, the appointment to, and the terms and
conditions of the services of the Province of the Punjab, and to provide for
matters connected therewith or ancillary thereto;
It
is hereby enacted as follows:-
Short title, application and commencement
(1) This Act may be called the Punjab Civil
Servants Act, 1974.
(2) It applies to all civil servants
wherever they may be.
(3) It shall come into force at once.
CHAPTER - I
PRELIMINARY
Definitions
2. (1)
In this Act, unless there is
anything repugnant in the subject or context,--
a) "ad hoc appointment means
appointment of a duly qualified person made otherwise than in accordance with
the prescribed method of recruitment, pending recruitment in accordance with
such method;
b) "civil servant" means a person who is a member of a civil
service of the province or who 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;
ii) a person who is employed on contract,
or on work-charged basis, or who is paid from contingencies; or
iii) a person who is a 'worker' or 'workman'
as defined in the Factories Act, 1934 (XXV of 1934) or the Workmen's
Compensation Act, 1923 (VIII of 1923);
c) "Government" means the
Government of the Punjab;
d) "initial recruitment" means
appointment made otherwise than by promotion or transfer;
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 as pay by the prescribed
authority;
f) "permanent post" means a
post sanctioned without limit of time;
g) "prescribed" means prescribed
by rules;
h) "province" means the Province
of the Punjab;
i) "rules" means the rules made
or deemed to have been made under this Act;
j) "selection authority" means the Punjab Public Service Commission, 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; and
k) "temporary post" means a post other than a
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.
CHAPTER - II
TERMS
AND CONDITIONS OF SERVICE OF CIVIL SERVANTS
Terms and conditions
3. The
terms and conditions of service of a civil servant shall be as provided in this
Act and the rules.
Appointments
4. Appointments
to a civil service of the province or to civil post in connection with the
affairs of the Province, shall be made in the prescribed manner by the Governor
or by a person authorized by him in that behalf.
Probation
5. (1) An initial appointment to a service or
post referred to in Section 4, not being an ad hoc appointment shall be on such
probation and for such period of 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 such probation
and for such period of probation as may be prescribed.
(3) Where, in respect of any service or
post, the satisfactory completion of probation includes 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 the course or the
training shall, except as may be prescribed otherwise, --
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.
Confirmation
6. (1) A person appointed on probation shall,
on satisfactory completion of his probation, be eligible for confirmation in a
service or a post as may be prescribed.
(2) A civil servant promoted to a post *
(or grade) on probation shall, on satisfactory completion of his
probation, be confirmed in such post *(or grade) as may be prescribed.
(3) A civil servant promoted to a post *(or
grade) on regular basis shall be confirmed after rendering satisfactory
service for such period as may be prescribed.
(4) There shall be no confirmation against
any temporary post.
(5) A civil servant who, during the period
of his service, was eligible for confirmation in any service or against any
post, retires from service before confirmation shall not, merely by reason of
such retirement, be refused confirmation in such service or against such post
or any benefits accruing therefrom.
(6) Confirmation of a civil servant in a
service or against a post shall take effect from the date of the occurrence of a permanent
vacancy in such service or against such post or from the date of continuous
officiation, in such service or against such post, whichever is later.
Seniority
7. (1) Seniority on initial appointment to a
service, cadre, *(grade) or post shall be determined in the prescribed
manner.
(2) @ (Seniority in a post,
service, or cadre to which a civil servant is promoted shall take effect from the
date of regular appointment to that post:
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 in the lower post.)
(3) For proper administration of **(service
or cadre) the appointing authority shall from time to time cause a
seniority list of the members of such (service or cadre) to be prepared.
(4) Subject to the provisions of sub-section
(3), the seniority of a civil servant in relation to other civil servants belonging
to the same **(service or cadre), whether serving in the same department or office or not, shall
be determined in such manner as maybe prescribed.
Promotion
8. (1) A civil servant possessing such minimum
qualifications as may be prescribed shall be eligible for promotion to a #
(higher) post for the time reserved under the rules for departmental promotion
in ##
(any higher grade of) 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, --
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.
8-A. Notwithstanding
anything contained in this Act or any other law for the time being in force or
in any contract, or rights claimed or acquired under any judgment of any court
or Tribunal, a civil servant who provenly exhibits exemplary intellectual,
moral and financial integrity and high standard of honesty and gives
extraordinary performance in the discharge of his duties, may be granted out of
turn promotion or award or reward in such manner as may be prescribed.)
Posting and transfers
9. Every
civil servant shall be liable to serve anywhere within or outside the province
in any post under the Government of the Punjab or the Federal Government or any
provincial government or a local authority or a corporation or a body set up or
established by any such Government:
Provided
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.
Termination of service
10. (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 and promoted on probation from one * (service) cadre or post to another *(service), cadre or post his service shall not be terminated so long as he holds a
lien against his former post, *(service) or cadre, and he shall be reverted to his former *(service), or as the
case may be, cadre or post;
ii) If the appointment is made on ad hoc
basis liable to termination on the appointment of a person on the
recommendation of the selection authority, on the appointment of such person.
(2) In the event of a post being abolished
or number of posts in a cadre or *(service) being reduced the services of the most junior
person in such cadre or *(service) shall be terminated.
(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 on ad hoc basis shall
be liable to termination on thirty days notice or pay in lieu thereof.
Reversion to a lower @ (post)
11. A
civil servant appointed to a higher post or ** (before the commencement
of the Punjab Civil Servants (Amendment) Ordinance, 1984 to a higher grade on
ad hoc or officiating basis, shall be liable to reversion to his lower post #
(or grade) without notice.
11-A. Notwithstanding
anything contained in his terms and conditions of service, a civil servant
appointed or promoted during the period from the first day of January, 1972 to
the 5th day of July, 1977, may be removed from service or reverted to his lower
post ##
(,) without notice, by the Governor of the Punjab or a person authorized by him
in this behalf on such date as the Governor of the Punjab or, as the case may
be, the person so authorized may, in the public interest, direct.)
(1) 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 public interest, direct; or
ii) where no direction is given under clause
(i) on the completion of the sixtieth
year of his age.
(2) No direction under clause (i) of sub-section (1) shall be made
until the Civil Servant has been informed in writing of the grounds on which it
is proposed to make the direction and has been given a reasonable opportunity
of showing cause against the said direction.
Explanation: In this
section "competent authority" means the appointing authority
prescribed in rule 6 of the Punjab Civil Servants (Appointment and conditions
of Service) Rules, 1974.
Employment after retirement
13. (1) A retired civil servant shall not be
re-employed under the Government unless such re-employment is necessary in the
public interest and is made, except where the appointing authority is the
Governor, with the prior approval of the authority next above the appointing
authority.
(2) Subject to the provisions of sub-section
(1) of Section 3 of the Ex-Government Servants (Employment with the Foreign
Governments) (Prohibition) Act, 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, he shall obtain the prior approval of the prescribed authority.
Conduct
14. The
conduct of a civil servant shall be regulated by rules made by Government or a
prescribed authority, whether generally or in respect of a specified group or
class of civil servants.
Efficiency and discipline
15. A
civil servant shall be liable to such disciplinary action and penalties and in
accordance with such procedure as may be prescribed.
Pay
16. A
civil servant appointed to a post @ (or grade) shall
be entitled, in accordance with the rules, to the pay sanctioned for such post (or
grade):
Provided
that, when the appointment is made on a ** (current charge or
acting charge basis in the manner prescribed) or by way of additional charge,
his pay shall be fixed in the prescribed manner:
Provided
further that where a civil servant has been dismissed or removed from service
or reduced in rank, he shall, in the event of the order of dismissal, removal
from service or reduction in rank being set aside, be entitled to such arrears
of pay as the authority setting aside the order may determine.
Leave
17. A
civil servant shall be allowed leave in accordance with the leave rules
applicable to him; provided that the grant of leave shall depend on the
exigencies of service and shall be at the discretion of the competent
authority.
Pension & gratuity
18. (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 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
servant, not exceeding two-thirds of the pension or gratuity, which would have
been admissible to him if he had been by bodily or mental infirmity incapacitated
for further 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 be 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 overpayment
consequent upon such provisional payment shall be adjusted against the amount
of pension or gratuity finally determined as payable to such civil servant or
his family.
Provident Fund
19. (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, 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 Officer 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.
Benevolent Fund and Group Insurance
20. All
civil servants and their families shall be entitled to the benefits admissible
under the *(West
Pakistan) Government Servants Benevolent Fund Ordinance, 1960 and the * (West
Pakistan) Government Employees Welfare Fund Ordinance, 1969 and the rules made
thereunder.
Right of appeal or representation
21. (1) Where a right to prefer an appeal or
apply for review in respect of any order relating to the terms and conditions
of his service is allowed to a civil servant by any rules applicable to him,
such appeal or application shall, except as may otherwise be prescribed, be
made within sixty days of the communication to him of such order.
(2) Where no provision for appeal or review
exists in the rules in respect of any order, a civil servant aggrieved by any
such order may, except where such order is made by the Governor, within sixty
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 @
(or grade).
CHAPTER-III
MISCELLANEOUS
Saving
22. Nothing
in this Act or in any rule shall be construed to limit or abridge the power of
the Governor to deal with the case of any civil servant in such manner as may
appear to him 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 rule.
CHAPTER-IV
RULES
23. (1) The Governor, or any person authorized
in this behalf may make such rules as appear to him 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 and 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.
Repeal of Punjab Ordinance No. II of 1974.
24. The
Punjab Civil Servants Ordinance, 1974 (Punjab Ordinance No. II of 1974), is
hereby repealed.
Note:- The
powers to make rules under Section 23(1) were delegated to the Chief Minister
as below vide Notification No. SORIV-(S&GAD)15-4/85, dated 24.12.1985 :-
"In exercise of the
powers conferred on him by sub-section (1) of Section 23 of the Punjab Civil
Servants Act, 1974, the Governor of the Punjab is pleased to authorized the
Chief Minister, Punjab to make rules under the Act."
History of Amendments in some Sections of the Punjab Civil Servants
Act,
1974 and their Original Version
Section 7(2)
Original
version of Section 7 (2) which was substituted by the Punjab Civil Servants
(Amendment) Ordinance, 1984 circulated vide Law Department's Notification No.
Legis: 3(2)/84, dated 22.7.84.
7(2) Seniority
in the grade to which a civil servant is promoted shall take effect from the
date of regular appointment to a post in that grade:
Provided that civil servants who are selected
for promotion to a higher grade in one batch shall, on their promotion to the
higher grade, retain their inter se seniority as in the lower grade.
Section 12
Original
version of Section 12 of the Punjab Civil
Servants Act, 1974 published on 4th June, 1974.
Retirement from Service
12. A
civil servant shall retire from service:-
(i) in the case of a person holding the
post of Secretary to Government of the Punjab or an equivalent or higher post
on such date, as the competent authority may, in the public interest, direct;
(ii) in the case of a person holding a post
lower than the post of Secretary to Government of the Punjab on such date, as
the Government may, in the public interest, in consultation with an Advisory
Committee as may be constituted in the prescribed manner for the purpose,
direct;
(iii) in any other case, on such date, after he
has completed twenty-five years of service, qualifying for pension or other
retirement benefits, as the competent authority may, in the public interest,
direct; and
(iv) where no direction is given under clause
(i) or as the case may be, under clause (ii) and (iii) on the completion of the
fifty-eight year of his age.
Explanation --- In this section "competent
authority" means the appointing authority or a person duly authorized by
the appointing authority in that behalf, not being a person lower in rank to
the civil servant concerned.
The above text of Section 12 was substituted by Punjab
Civil Servants Act, 1975, circulated vide Notification No. PAP/Legis:(9)/
75/22, dated 5th March, 1975 as under:-
12. A civil servant shall retire from service --
i) in the case of a person holding a post
equivalent to the post of Additional Secretary to Government of Pakistan or a
higher post on such date as the competent authority may in the public interest
direct;
ii) in any other case, on such date, after
he has completed twenty-five years of service qualifying for pension or other
retirement benefits as the competent authority may, in the public interest
direct; or
iii) where no direction is given under clause
(i) or clause (ii), on the completion of the fifty-eighth year of his age.
Explanation
-- In this section "competent authority" means the appointing
authority or a person duly authorized by the appointing authority in that
behalf, not being a person lower in rank to the civil servant concerned.
-----
In the above clause (iii) of Section 12 the words "fifty-eighth" were
substituted with the word "sixtieth" vide Punjab Civil Servants
(Amendment) Ordinance, 1976 published in the Gazette (Extraordinary) on 7.12.1976, making the amendment to be
applicable w.e.f. 22.11.1976. This ordinance was replaced by the Punjab Civil
Servants (Amendment) Act, 1977 (Act 1 of 1977) published on 8th June 1977,
making the amendment applicable from the same date i.e., 22.11.1976.
Thereafter,
Section 12 was again substituted by the Punjab Civil Servants (Amendment) Act,
1987 given as under:
(Retirement from service
12. A
civil servant shall retire from service --
i) on such date after he has completed
ten years of service qualifying for pension or other retirement benefits as the
competent authority may, in public interest, direct; and
ii) if no direction is given under clause
(i) then on the completion of the sixtieth year of his age:
Provided that no order
under clause (i) shall be made in respect of a civil servant unless the
competent authority has informed him in writing of the grounds on which it is
proposed to make the order and has given him an opportunity of showing cause
against it.
Explanation -- In this
section "competent authority" means the appointing authority or a
person duly authorized in that behalf not being a person lower in rank than the
civil servant concerned.)
* Deleted by the Punjab Civil
Servants (Amendment) Ordinance, 1984, circulated vide Notification No. Legis: 3
(2)/84, dated 22.7.1984.
@ Substituted vide Notification No. Legis:3(2)/84, dated 22.7.1984.
Original version is available at page 13.
** Substituted for the words "service, cadre or grade" by the Punjab Civil Servants (Amendment)
Ordinance, 1984.
@@ Added vide the Punjab Civil
Servants (Amendment) Act, 1987 circulated vide Notification No.
PAP/Legis-2(36)/87/64, dated 8.11.1987.
@ Substituted for the words "grade or service" by the Punjab
Civil Servants (Amendment) Ordinance, 1984.
## Coma inserted and the words
"or grade, as the case may be" were deleted by the Punjab Civil
Servants (Amendment) Ordinance, 1984.
§ Substituted by the Punjab Civil Servants (Amendment) Ordinance,
2001 vide Notification No. Legis. 13-LVII/2000, dated 8th August, 2001. History
of amendments is available at pages 13.
@ Omitted by the Punjab Civil
Servants (Amendment) Ordinance, 1984, (Punjab Ordinance No. II of 1984),
circulated vide Notification No. Legis:3(2)/84 dated 22.7.1984.
** Substituted for the words
"current charge basis" by the Punjab Civil Servants (Amendment)
Ordinance, 1983.
@ Omitted by the Punjab Civil
Servants (Amendment) Ordinance, 1984, (Punjab Ordinance No. II of 1984)
circulated vide Notification No. Legis: 3(2)/84, 22.7.1984.
No comments:
Post a Comment