Updated: Saturday December 14, 2013/AsSabt
Safar 11, 1435/Sanivara
Agrahayana 23, 1935, at 05:59:35 PM
[1][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][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][3][* * *] on probation shall, on satisfactory
completion of his probation, be confirmed in such post [4][4][* * *] as may be prescribed.
(3) A civil servant promoted to a post [5][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][6][* * *] or post shall be determined in the
prescribed manner.
[7][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][8][service or cadre] the appointing authority shall
from time to time cause a seniority list of the members of such [9][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][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][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][12][* * * * * * * *]
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][13][service], cadre, or post to another [14][14][service], cadre or post his service shall not be
terminated so long as he holds a lien against his former post, [15][15][service] or cadre, and he shall be reverted to
his former [16][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][17][service] being reduced the services of the
most junior person in such cadre or [18][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][19][post].– A civil servant
appointed to a higher post or [20][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][21][* * *] without notice.
[22][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][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][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][25][* * *] shall be entitled, in accordance with the
rules, to the pay sanctioned for such post [26][26][* * *]:
Provided
that, when the appointment is made on a [27][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][28] Government Servants Benevolent Fund Ordinance,
1960 and the
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][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][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][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][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][2]Added by the
[3][3]Omitted by the
[4][4]Ibid.
[5][5]Ibid.
[6][6]Omitted by the
[7][7]Substituted ibid.
[8][8]Ibid.
[9][9]Ibid.
[10][10]Ibid.
[11][11]Substituted by the
[12][12]Section
“8-A Out of turn promotion, etc.” added by
the Punjab Civil Servants (Amendment) Act, 1987 (VI of 1987) and omitted by the
Punjab Civil Servants (Amendment) Act 2006 (X of 2006).
[22][22]Added by the
[23][23]Deleted by the
[24][24]Substituted by the
[25][25]Deleted by the
[26][26]Ibid.
[27][27]Substituted by the
[28][28]Now ‘
[29][29]Ibid.
[30][30]Deleted by the
[31][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.