Updated: Sunday May 05, 2019/AlAhad
Ramadan 01, 1440/Ravivara
Vaisakha 15, 1941, at 02:53:49 PM
[1][1]The Provincial Assembly of the
(Act IX of
2019)
[1st
March 2019]
An Act to regulate the
recruitment and the conditions of service of persons appointed in the
Provincial Assembly of the
WHEREAS, it is expedient to regulate the recruitment and the
conditions of service of the persons appointed in the Provincial Assembly of
the Punjab Secretariat, as required by Article 87(2), read with the Article
127, of the Constitution, and to provide for matters connected therewith or
ancillary thereto;
Be it enacted by Provincial Assembly of the
CHAPTER-I
PRELIMINARY
1. Short
title, application and commencement.– (1) This Act may be cited as the Provincial Assembly of the Punjab
Secretariat Services Act, 2019.
(2) It
applies to all the employees in the Provincial Assembly of the Punjab
Secretariat wherever they may be.
(3) It
shall come into force at once.
2. Definitions.– (1) In this Act,
unless, the context otherwise require:---
(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) “appointing
authority”, in relation to a post, means the person authorized to make
appointment to a post;
(c) “Basic
Pay Scales (BPS)” means pay scales prescribed by the Provincial Government and
adopted by the Secretariat;
(d) “civil
servant” shall have the same meaning as assigned to it in the Punjab Civil
Servants Act, 1974 (Act VIII of 1974);
(e) "competent
authority" means the appointing authority;
(f) “Constitution”
means the Constitution of the Islamic Republic of Pakistan 1973;
(g) “deputation”
means temporary transfer of the services of an employee from the Secretariat or
transfer to the Secretariat of a person from Federation or any Province or
other authority or
organization controlled by the Government;
(h) “directions”
means written directions of the Speaker as notified in the official Gazette;
(i) “employee”
means a person appointed in the Secretariat, who shall have the status of a
civil servant subject to such modifications as the Speaker in consultation with
the Finance Committee may make, but does not include,---
(i) a
person who is on deputation to the Secretariat; and
(ii) a
person who is employed on contract or work-charge basis or who is paid from
contingencies;
(j) “Finance
Committee” means the Finance Committee of the Provincial Assembly of the
(k) “Government”
means Government of the
(l) “initial
appointment” means appointment made otherwise than by promotion or transfer;
(m) “pay
and allowances” means the amount drawn monthly by an employee as pay and
includes technical pay, special pay, personal pay, qualification pay,
allowances and emoluments declared as such by the Speaker, the Finance
Committee or the Government, as the case may be, when the same is adopted by
the Speaker;
(n) “permanent
post” means a post sanctioned without limit of time;
(o) “post”
means a post sanctioned in the Secretariat;
(p) “prescribed”
means prescribed by rules or directions of the Speaker, as the case may be,
notified in the official Gazette from time to time;
(q) “rules”
means rules made or deemed to have been made under this Act;
(r) “Secretariat”
means the Provincial Assembly of the Punjab Secretariat;
(s) “Secretary”
means the Secretary of the Secretariat who shall have the status of a Secretary
to the Government and, in case of absence of Secretary, includes any other
person authorized by the Speaker to perform the functions as Acting Secretary
for the time being;
(t) “selection
authority” means, a Departmental Selection Committee or other authority or body
on the recommendation of or in consultation with which any initial recruitment,
promotion or transfer, as may be prescribed, is made;
(u) “Speaker”
means the Speaker of the Provincial Assembly of the
(v) “temporary
post” means a post other than a permanent post.
(2) For
the purposes 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.
(3) All
words and expressions used but not defined in this Act, shall unless the
context otherwise requires, have the meanings assigned to them in the
Constitution.
CHAPTER-II
SECRETARIAT
3. Secretariat.– There shall be a
separate Secretariat of the Provincial Assembly of the
4. Strength and composition of the
Secretariat.– (1) The Secretariat shall have permanent and temporary posts as may,
from time to time, be sanctioned and notified in the official Gazette.
(2) The
Speaker may create, upgrade, re-designate or abolish any post:
Provided that no post in BPS-17 or
above shall be created or upgraded for a period exceeding six months, except
after consultation with the Finance Committee.
(3) The
Speaker may by order direct that his power under sub-section (2), in such
circumstances and under such conditions, if any, as may be specified in the
direction, also be exercisable by the Secretary.
(4) When
a post is created or upgraded or re-designated, permanently or temporarily, or
abolished, it shall be notified in the official Gazette.
CHAPTER-III
TERMS AND CONDITIONS OF SERVICE
5. Terms and conditions of service.– (1) The terms and
conditions of service of an employee shall be as provided in this Act and the
rules.
(2) The terms and conditions of service of
any person to whom this Act applies, shall not be varied to his disadvantage.
(3) Subject to this Act and rules, all other
terms and conditions of service, including pay, allowances, advances,
retirement, deputation, pension, gratuity, provident fund, benevolent fund,
group insurance, financial or family assistance packages including in service
death, leave or all other rights, perks, privileges, prerogatives, concessions,
entitlements, memberships, facilities, including medical, housing, education
and all other schemes of the Government, of an employee, notwithstanding any
judgment or order of any court, tribunal or a quasi-judicial authority, shall
be such as governed by the law, rules, policies, instructions and guidelines
for the time being in force and applicable, admissible or enjoyed or available
to the civil servants of the Punjab Civil
Secretariat, whatsoever their cadre may be, in the corresponding posts
or BPS, subject to such modifications, variations or exceptions as may be made
by the Speaker with concurrence of the Finance Committee:---
Provided that, in case
of urgency, the Speaker may make such modifications, variations or exceptions
in anticipation of the concurrence of the Finance Committee.
(4) The decisions made by the Speaker or the
Finance Committee, as the case may be, shall be final and binding upon the
Finance Department as well as the Accountant General Punjab.
(5) All orders made, actions taken and
directions or instructions given by the Speaker or by the Finance Committee or
by any authority, which were made, taken or given, or purported to have been
made, taken or given, prior to the commencement of this Act, shall be deemed to
be and always to have been validly made, taken or given and shall not be called
in question in any Court on any ground whatsoever.
6. Appointments.– Appointments in the Secretariat shall be made
in the prescribed manner by the Speaker or by a person authorized by the
Speaker in that behalf by one or more of the following methods, namely:---
(a) by promotion of a person
employed in the Secretariat;
(b) by transfer within the
Secretariat in the same BPS;
(c) by direct recruitment through internal circulation;
(d) by direct recruitment.
7. Appointments on deputation.– (1) Appointment on
deputation to a post shall be made in the interest of the Secretariat.
(2) The competent authority may appoint on
deputation a person serving outside the Secretariat in connection with the
affairs of the Federation or any Province or authority or organization
controlled by the Government.
(3) The terms and conditions of service of a
person appointed in the Secretariat on deputation shall be such as may be
prescribed by rules.
8. Probation.– (1)
Appointment to a post by initial recruitment under section 6, not being an ad
hoc appointment, shall be on probation for a period of two years.
(2) Every person appointed to a post by
promotion or transfer may also be placed on probation for a period of one year.
(3) If in the opinion of the appointing
authority, the work or conduct of an employee on probation is unsatisfactory or
shows that he is unlikely to become efficient, or where, in respect of any
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 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) be on probation for
such extended period not exceeding one year, as deemed appropriate; or
(b) if he was appointed to
such post by initial recruitment, be discharged; or
(c) if he was appointed to
such post by promotion or transfer, be reverted to the 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:
Provided that, in the
case of initial appointment to a post, an employee shall not be deemed to have
completed his period of probation satisfactorily until his competence,
character and antecedents have been verified as satisfactory in the opinion of
the appointing authority.
(4) On the satisfactory completion of period
of probation, the appointing authority may terminate the probation and confirm
a probationer in his appointment provided a clear vacancy exists.
9. Confirmation.– (1) A person
appointed on probation shall, on satisfactory completion of his probation, be
eligible for confirmation in a post as may be prescribed.
(2) An employee promoted to a post on
regular basis shall be eligible for confirmation after rendering satisfactory
service for the period prescribed for confirmation therein.
(3) An employee who, during the period of
his service, was eligible to be confirmed against any post retires from service
before being confirmed shall not, merely by reason of such retirement, be
refused confirmation against such post or any benefits accruing there from.
(4) Confirmation of an employee against a
post shall take effect from the date of occurrence of permanent vacancy of that
post or from the date of continuous officiation on such post, whichever is
later.
(5) There shall be no confirmation against
any temporary post.
10. Seniority.– (1) For proper
administration, the appointing authority shall cause a seniority list of the
employees, for the time being, of such group, category or post to be prepared,
but nothing herein contained shall be construed to confer any vested right to a
particular seniority in such group, category or post, as the case may be.
(2) Subject to the provisions of sub-section
(1), the seniority of an employee shall be reckoned in relation to other
employees belonging to the same group or post whether serving in the same department
or office or not, as may be prescribed.
(3) Seniority on initial appointment to a
group, category or post shall be determined as may be prescribed.
(4) Seniority in a group, category or post
to which an employee is promoted shall take effect from the date of regular
appointment to that post:
Provided that
employees 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 as in
the lower post.
11. Promotion.– (1) An employee
possessing such minimum qualifications as may be prescribed shall be eligible
for promotion to a higher post for the time being reserved under the rules for
promotion in 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 promotions
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.
12. Posting and transfer.– Every employee shall
be liable to serve anywhere within
Provided that, where
an employee 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 favorable than
those to which he would have been entitled if he had not been so required to
serve.
13. Termination of service.– (1) The service of an
employee may be terminated without notice,---
(a) during the initial or
extended period of his probation:---
Provided that where
such employee is appointed by promotion on probation or, as the case may be, is
transferred from one service, group, category or post to another service,
group, category or post, his service shall not be so terminated so long as he
holds a lien against his former post in such service, group, category or post
but he shall be reverted to his former service, group, category or post as the
case may be;
(b) if appointed on contract, on the expiry
of the initial or extended period of his contract; or
(c) if the appointment is
made ad hoc terminable on the appointment of a person on the recommendation of
the selection authority, on the appointment of such person or conclusion of the
selection process.
(2) Where, on the abolition of a post or
reduction in the number of posts in a group, the services of an employee are
required to be terminated, the person whose services are terminated shall
ordinarily be the one who is the most junior in such group.
(3) Notwithstanding the provisions of
sub-section (1), but subject to the provisions of sub-section (2), the service
of an employee in temporary employment or appointed ad hoc shall be liable to
termination on fourteen days' notice or pay in lieu thereof.
14. Reversion to a lower post, etc.– (1) An employee
appointed to a higher post on ad hoc, temporary or officiating basis shall be
liable to reversion to his lower post.
(2) No employee shall be dismissed or
removed from service or reduced in rank by an authority subordinate to that by
which he was appointed.
(3) No such employee as aforesaid shall be
dismissed or removed from service or reduced in rank until he has been given a
reasonable opportunity of showing cause against the action proposed to be taken
against him:---
Provided that this
sub-section shall not apply,---
(a) where an employee is
dismissed or removed from service or reduced in rank on the grounds of conduct
which has led to his conviction on a criminal charge; or
(b) where the employee is still on
probation or working on ad hoc basis; or
(c) where the Speaker or
any person authorized by him under this Act is satisfied, for reasons to be
recorded in writing, that in the interest of the security of
15. Retirement from service.– (1) An employee shall
retire from service,---
(a) 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
(b) where no direction is given under
clause (a), on the completion of the sixtieth year of his age or at the option
of an employee on completion of twenty five years of his service qualifying for
pension and other retirement benefits.
(2) No direction under clause (a) of
sub-section (1) shall be made until the employee 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.
16. Pay.– An employee appointed to a post shall
be entitled in accordance with the rules to the pay sanctioned for such post:---
Provided that where
the appointment is made on a current-charge basis or by way of additional
charge, his pay shall be fixed in the prescribed manner:
Provided further that
where an employee has, under an order which is later set aside, been dismissed
or removed from service or reduced in rank, he shall, on the setting aside of
such order, be entitled to such arrears of pay as the authority setting aside
such order may determine.
17. Employment after retirement.– (1) A retired employee shall not
ordinarily be
reemployed in the Secretariat, unless such re-employment is necessary in the
public interest and is made with the prior approval of the authority next above
the appointing authority:---
Provided that where
the appointing authority is the Speaker, such re-employment may be ordered with
the approval of the Finance Committee.
(2) Subject to law and rules, an employee
may, during leave preparatory to retirement or after retirement from the
Secretariat, seek any employment and profession:
Provided that where
employment is sought by an employee while on leave preparatory to retirement,
he shall obtain prior approval of the competent authority.
18. Conduct.– The conduct of an
employee shall be regulated by rules made, directions notified or instructions
issued by the Speaker, whether general or in respect of a specified group of
employees.
19. Efficiency and discipline.– An employee shall be
liable to disciplinary action and penalties in accordance with the prescribed
procedure.
20. Right of appeal or representation.– (1) Where a right to prefer an appeal or apply
for a review in respect of any order relating to the terms and conditions of
his service is provided to an employee under any rules applicable to him, such
appeal or application for review shall, except as may be otherwise prescribed,
be made within thirty days of the date of such order and where a right to
prefer an appeal does not exist it may lie to the Finance Committee.
(2) Where no provision for appeal or review
exists under the rules in respect of any order or class of orders, an employee
aggrieved by any such order may within thirty days of the communication to him
of such order, make a representation against it to the authority next above the
authority which passed an 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 BPS.
CHAPTER-IV
MISCELLANEOUS
21. Saving.– Nothing in this Act
or in any rule shall be construed to limit or abridge the power of the Speaker
to deal with the case of an employee 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 an employee, the case shall
not be dealt with in a manner less favorable to him than that provided by this
Act or such rule.
22. Indemnity.– No suit, prosecution
or other legal proceedings shall lie against an employee 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 or adopted
from time to time.
23. Jurisdiction barred.– Save as provided
under this Act, the Punjab Service Tribunals Act, 1974 (Act IX of 1974) or the
rules, no order made or proceedings taken under this Act or the rules, by the
Speaker 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.
24. Removal of difficulties.– If any difficulty
arises in giving effect to any of the provisions of this Act, the Speaker may
make such order, not inconsistent with the provisions of this Act, as may
appear to him to be necessary for the purpose of removing the difficulty.
25. Interpretation.– All questions
relating to interpretation of provisions of this Act shall be referred to the
Speaker whose decision thereon shall be final.
26. Rules.– (1) The Speaker may, with the
concurrence of the Finance Committee, make rules for carrying out the purposes
of this Act.
(2) Any rules, orders or instructions in
respect of any terms and conditions of service of employees 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 made
under this Act.
27. Directions of the Speaker.– All matters not
specifically provided for in this Act or the rules made thereunder and all
questions relating to the detailed working of the Secretariat shall be
regulated in such manner as the Speaker may, from time to time, direct.
28. Relaxation of rules.– Where the Speaker is
satisfied that the operation of any provision of the rules made under this Act
cause any hardship in any particular case, he may, with the concurrence of the
Finance Committee, by order, dispense with or relax the requirements of that
provision to such extent and subject to such conditions as he may consider
necessary for dealing with the case in a just and equitable manner:---
Provided that, in case
of urgency, the Speaker may relax or dispense with such requirements of that
provision in anticipation of the concurrence of the Finance Committee.
29. Repeal.– (1) The Provincial
Assembly of the Punjab Secretariat (Recruitment and Conditions of Service)
Rules, 1986 are hereby repealed:---
Provided that orders
and instructions, including method of appointment already notified issued and
posts created under these rules shall continue to be in force until relevant
directions and rules are made under this Act.
(2) Notwithstanding the repeal of the
Provincial Assembly of the Punjab Secretariat (Recruitment and Conditions of
Service) Rules, 1986, all orders made, proceedings taken and acts done,
including appointments made either through initial recruitment, induction,
absorption, promotion, regularization or on contract basis, obligation,
liability or penalty incurred, power conferred or exercised, by any authority
or by any person, under the said rules and anything done in exercise of the
powers, or purported exercise of the powers, conferred by or under the said
rules, shall continue and be deemed to be and always to have been validly made,
taken, done incurred, conferred, exercised or issued under this Act and shall
not be called in question in any court on any ground whatsoever.
[1][1]This Act was passed by the
Punjab Assembly on 27 February 2019; assented to by the Governor of the
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