THE
PUNJAB CIVIL SERVANTS ACT, 1974
(
VIII of 1974)
[4th June, 1974]
An
Act
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:-
1.
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-1
PRELIMINARY
2.
Definitions.— (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;
[1](g-a)
“proforma promotion” means predating of promotion of civil servant or retired
civil servant with effect from the date of regular promotion of his junior, for
the purpose of fixation of pay and payment of arrears as may be prescribed;
(g-b)
“promotion” means appointment of a civil servant to a higher post in the
service or cadre to which he belongs;
(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
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.
Appointments.—
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.
5.
Probation.— (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.
6.
Confirmation.—
(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 [2](or
grade) on probation shall, on satisfactory completion of his probation, be
confirmed in such post 2(or
grade) as may be prescribed.
(3)
A civil servant promoted to a post 2(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.
7.
Seniority.— (1)
Seniority on initial appointment to a service, cadre, 2(grade) or post
shall be determined in the prescribed manner.
(2)
[3](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 [4](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 4(service
or cadre), whether serving in the same department or office or not, shall be
determined in such manner as maybe prescribed.
[5]8. Promotion.— (1) A civil servant
shall be eligible to be considered for appointment by promotion to a post
reserved for promotion in the service or cadre to which he belongs in a manner
as may be prescribed; provided that he possesses the prescribed qualifications.
(2)
Promotion including proforma promotion shall not be
claimed by any civil servant as of right.
(3)
Promotion shall be granted with immediate effect and be
actualized from the date of assumption of charge of the higher post, and shall
in no case be granted from the date of availability of post reserved for promotion.
(4)
A civil servant shall not be entitled to promotion from
an earlier date except in the case of proforma promotion.
(5)
A retired civil servant shall not be eligible for grant
of promotion; provided that he may be considered for grant of proforma promotion
as may be prescribed.
(6)
A post referred to in sub-section (1) may either be a
selection post or a nonselection post to which promotion shall be made as
follows:-
(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.
[6][(7)
Notwithstanding anything contained in this section, if a civil servant dies or
superannuates after the selection authority recommends his promotion to a
higher post and before he assumes the charge of the higher post, the competent
authority may approve promotion of such a civil servant with effect from the
day immediately before the day of his death or superannuation.] [7]8-A. Omitted.
9.
Posting and
transfers.— 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.
10.
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 and promoted on
probation from one [8]service
cadre or post to another 7(service),
cadre or post his service shall not be terminated so long as he holds a lien
against his former post, 7(service)
or cadre, and he shall be reverted to his former 7(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 7[service]
being reduced the services of the most junior person in such cadre or 7service 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.
11.
Reversion to
a lower [9]post.— A civil servant appointed to a
higher post or [10](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 [11](or
grade) without notice.
11-A.
[12]Persons to be liable to removal or
reversion.— 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 [13](,)
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.
[14]12. Retirement
from service.— (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.
13.
Employment
after retirement.— (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.
14.
Conduct.— 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.
15.
Efficiency
and discipline.— A civil servant shall be liable to such disciplinary
action and penalties and in accordance with such procedure as may be
prescribed.
16.
Pay.— A
civil servant appointed to a post [15](or
grade) shall be entitled, in accordance with the rules, to the pay
sanctioned for such post 14(or
grade):
Provided that, when the appointment is made on a [16](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.
17.
Leave.— 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.
18.
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 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.
19.
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, 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.
20.
Benevolent
Fund and Group Insurance.— All civil servants and their families shall be
entitled to the benefits admissible under the [17](West
Pakistan) Government Servants Benevolent Fund Ordinance, 1960 and the 16(West Pakistan)
Government Employees Welfare Fund Ordinance, 1969 and the rules made
thereunder.
21.
Right of
appeal or representation.— (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 [18](or
grade).
CHAPTER-III
MISCELLANEOUS
22.
Saving.— 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.
[19][22A. Indemnity.– No suit, prosecution
or other legal proceedings shall lie against a civil servant for anything done
in his official capacity which is in good faith done or intended to be done
under this Act or the rules, instructions or directions made or issued
thereunder.]
[20][22B.Jurisdiction barred.– Save as
provided under this Act and the Punjab Service Tribunals Act, 1974 (IX of
1974), or the rules made thereunder, no order made or proceedings taken under
this Act, or the rules made thereunder by the Governor or any officer
authorized by him shall be called in question in any Court and no injunction
shall be granted by any Court in respect of any decision made, or proceedings
taken in pursuance of any power conferred by, or under, this Act or the rules
made thereunder.]
[21][22C. Appointment of Federal civil servants.–
(1) Notwithstanding anything contained in this Act, the 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 (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) The Government shall, in prescribed manner, determine
the terms and conditions of service of the civil servants appointed under
subsection (1) including cadre and seniority.]
CHAPTER-IV
23.
Rules.— (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.
24.
Repeal of
Punjab Ordinance No. II of 1974.— The Punjab Civil Servants Ordinance, 1974
( Punjab Ordinance No. II of 1974), is hereby repealed.
Note: The
powers to make rules under Sub Section (1) of Section 23 were delegated to the
Chief Minister vide Notification No. SOR.III(S&GAD)1-14/75 dated
20.12.1993:
"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."
[1]
Sub-sections (g-a) and (g-b) added vide notification No. No.
PAP/Legis-2(18)/2005/721 dated 15th April 2005.
[2]
Deleted by the Punjab Civil Servants (Amendment) Ordinance, 1984, circulated
vide Notification No. Legis: 3 (2)/84 dated 22.07.1984.
[3]
Substituted vide Notification No. Legis:3(2)/84, dated 22.07.1984.
[4]
Substituted for the words "service, cadre or grade" by the Punjab
Civil Servants (Amendment) Ordinance, 1984.
[5]
Section 8 substituted vide notification No. PAP/Legis-2(18)/2005/721 dated
15.04.2005.
[6]
Sub-section (7) inserted by the Punjab Civil Servants (Amendment) Act, 2011
(XLV of 2012).
[7]
Section 8-A omitted vide Notification No. PAP-Legis-2(41)/2006/869 dated
17.10.2006.
[8]
Substituted for the word "grade" by the Punjab Civil Servants
(Amendment) Ordinance, 1984.
[9]
Substituted for the words "grade or service" by the Punjab Civil
Servants (Amendment) Ordinance, 1984.
[10]
Inserted by the Punjab Civil Servants (Amendment) Ordinance, 1984.
[11]
Deleted by the Punjab Civil Servants (Amendment) Ordinance, 1984.
[12]
Section 11-A was added by the Punjab Civil Servants (Amendment) Ordinance,
1978.
[13]
Coma inserted and the words "or grade, as the case may be" were
deleted by the Punjab Civil Servants (Amendment) Ordinance, 1984.
[14]
Substituted by the Punjab Civil Servants (Amendment) Ordinance, 2001 vide
Notification No. Legis.13-LVII/2000 dated 8th August 2001.
[15]
Omitted by the Punjab Civil Servants (Amendment) Ordinance, 1984, (Punjab
Ordinance No. II of 1984), circulated vide Notification No. Legis:3(2)/84 dated
22.07.1984.
[16]
Substituted for the words "current charge basis" by Punjab Civil
Servants (Amendment) Ordinance, 1983.
[17]
Now ‘Punjab’. See Punjab Laws (Adaptation) Order, 1974.
[18]
Omitted by the Punjab Civil Servants (Amendment) Ordinance, 1984 (Punjab
Ordinance No. II of 1984) circulated vide Notification No. Legis: 3(2)/84 dated
22.07.1984.
[19]
Added by the Punjab Civil Servants (Amendment) Ordinance, 2002 (XXVII of 2002).
Under Article 5A of the Provisional Constitution Order 1999 (I of 1999), as
amended, read with Article 270AA of the Constitution of the Islamic Republic of
Pakistan, 1973, it shall not be subject to any limitation as to duration
prescribed in the Constitution.
[20]
Ibid.
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