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THE
(Pb Act VIII of 1974)
C O N T E N T S
Sections
CHAPTER I
Preliminary
1. Short title, application and commencement.
2. Definitions.
CHAPTER II
Terms
and Conditions of
Service
of Civil Servants
3. Terms and conditions.
4. Appointments.
5. Probation.
6. Confirmation.
7. Seniority.
8. Promotion.
8-A. Out of turn promotion, etc.
9. Postings and transfers.
10. Termination of service.
11. Reversion to a lower post.
11-A. Certain persons to be liable to removal or reversion.
12. Retirement from service.
13. Employment after retirement.
14. Conduct.
15. Efficiency and discipline.
16. Pay.
17. Leave.
18. Pension and gratuity.
19. Provident fund.
20. Benevolent Fund and Group Insurance.
21. Right of appeal or representation.
CHAPTER III
Miscellaneous
22. Saving.
22A. Indemnity.
22B. Jurisdiction barred.
CHAPTER IV
Rules
23. Rules.
24. Repeal of
[1]THE
(Pb Act VIII of 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
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
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 I
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
(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;
[2][(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
(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.–
Appointment to a civil service of the province or to a civil post in connection
with the affairs of the province, shall be made
in the prescribed manner by the
Governor or by a person authorised 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 [3][*
* *] on probation shall, on satisfactory completion of his probation, be
confirmed in such post [4][*
* *] as may be prescribed.
(3) A civil servant promoted to a post [5][*
* *] 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, [6][*
* *] or post shall be determined in the prescribed manner.
[7][(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 a [8][service
or cadre] the appointing authority shall from time to time cause a seniority
list of the members of such [9][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 [10][service
or cadre], whether serving in the same department or office or not, shall be
determined in such manner as may be prescribed.
[11][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 non-selection 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 non-selection post, on the
basis of seniority-cum-fitness.]
[12][8-A Out of turn promotion, etc.– 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 Judgement 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.]
9. Postings 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 has 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 [13][service],
cadre, or post to another [14][service],
cadre or post his service shall not be terminated so long as he holds a lien
against his former post, [15][service]
or cadre, and he shall be reverted to his former [16][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 [17][service]
being reduced the services of the most junior person in such cadre or [18][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.
11. Reversion to
a lower [19][post].– A civil servant
appointed to a higher post or [20][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 [21][* *
*] without notice.
[22][11-A. Certain 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 fifth day of July, 1977, may be removed from service or reverted to his
lower post [23][*
* *] without notice, by the Governor of the Punjab or a person authorised by him in this behalf, on such date as the
Governor of the Punjab or, as the case may be, the person so authorised may, in the public interest, direct.]
[24][12. Retirement from service.– 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 authorised in that behalf not being a person
lower in rank than the civil servant concerned.]
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 [25][* *
*] shall be entitled, in accordance with the rules, to the pay sanctioned for
such post [26][* *
*]:
Provided that, when the
appointment is made on a [27][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 West Pakistan[28]
Government Servants Benevolent Fund Ordinance, 1960 and the West Pakistan[29]
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 [30][
* * ].
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.
[31][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.]
[32][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.]
CHAPTER IV
RULES
23. Rules.– (1) The Governor, or any person authorised
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
[1]This Act was passed by the
Punjab Assembly on 29th May, 1974; assented to by the Governor of the Punjab on
4th June, 1974; and,
published in the Punjab Gazette (Extraordinary), dated 4th
June, 1974, pages 751-A to 751-I.
[2]Added by the
[3]Omitted by the
[4]Ibid.
[5]Ibid.
[6]Omitted by the
[7]Substituted ibid.
[8]Ibid.
[9]Ibid.
[10]Ibid.
[11]Substituted by the
[12]Added by the
[22]Added by the
[23]Deleted by the
[24]Substituted by the
[25]Deleted by the
[26]Ibid.
[27]Substituted by the
[28]Now ‘
[29]Ibid.
[30]Deleted by the
[31]Added by the Punjab Civil Servants (Amendment) Ordinance, 2002 (XXVII of 2002), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[32]Ibid.
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