Updated: Friday April 19, 2013/AlJumaa
Jamada El Thaniah 09, 1434/Sukravara
Chaitra 29, 1935, at 05:49:48 PM
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The Civil Servants’ Act, 1973
LXXI of 1973
An Act to regulate the appointment of persons to, and the terms
and conditions of service of persons in, the service of
AS it is expedient to regulate by law, the appointment of persons to,
and the terms and conditions of service of persons in, the service of Pakistan,
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 Civil Servants’
Act, 1973,
(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 an All-Pakistan Service or of a civil service of the Federation, or who
holds a civil post in connection with the affairs of the Federation, including
any such post connected with defence, but does not include,---
(i) a person who is on
deputation to the Federation from any Province or other 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 Workman”s Compensation Act, 1923 (VIII of 1923);
(c)
“initial appointment” means appointment made
otherwise than by promotion or transfer ;
(d)
“pay” means the amount drawn monthly by a civil
servant as pay and includes technical pay, special pay, personal pay and other
emoluments declared by the prescribed authority to be pay;
(e)
“permanent post” means a post sanctioned
without limit of time ;
(f)
“prescribed” means prescribed by rules ;
(g)
“rules” means rules made or deemed to have been
made under this Act;
(h)
“selection authority” means the Federal Public
Service Commission, a 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
(i) “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.
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. Tenure of office of civil
servants.-Every
civil servant shall hold office during the pleasure of the President.
5. Appointments.-Appointments to an All-Pakistan
Service or to a civil service of the Federation or to a civil post in
connection with the affairs of the Federation, including any civil post
connected with defence, shall be made in the prescribed manner by the President
or by a person authorised by the President in that behalf.
6. Probation.-(1) An initial appointment to a service
or post referred to in section 5 not being an ad hoc appointment, shall be on
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 in probation as may be prescribed.
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 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:
Provided that, in the case of initial
appointment to a service or post, a civil servant shall not be deemed to have
completed his period of probation satisfactorily until his character and
antecedents have been verified as satisfactory in the opinion of the appointing
authority.
7.
Confirmation.-(1)
A person appointed on probation shall, on satisfactory completion of his
probation, be eligible for confirmation in a service or, as the case may be, a
post as may be prescribed.
(2) A
civil servant promoted to a post on regular basis shall be eligible for
confirmation after rendering satisfactory service for the period prescribed for
confirmation therein.
(3) There
shall be no confirmation against any temporary post.
(4) A
civil servant who, during the period of his service, was eligible to be
confirmed in any service or” against any post retires from service before being
confirmed shall not, merely by reason of such retirement, be refused confirmation
in such service or post or any benefits accruing therefrom.
(5)
Confirmation of a civil servant in a service or post shall take effect from the
date of occurrence of permanent vacancy in that service or post or from the
date of continuous officiation, in such service or post, whichever is later.
8.
Seniority.-(1)
For proper administration of a service, cadre or [post] the appointing
authority shall cause a seniority list of the members for the time being of
such service, cadre or [post] to be prepared, but nothing herein contained
shall be construed to confer any vested right to a particular seniority in such
service, cadre or [post], as the case may be.
(2)
Subject to the provisions of sub-section (1), the seniority of a civil servant
shall be reckoned in relation to other civil servants belonging to the same
[service or cadre] whether serving in the same department or office or not, as
may be prescribed.
(3)
Seniority on initial appointment to a service, cadre or post shall be determined
as may be prescribed.
(4)
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 as in the lower [post].
9.
Promotion.-(1) A
civil servant 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 departmental 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-
(i)
in the case of a selection post, on the basis of selection on merit; and
(ii)
in the case of a non-selection post, on the basis of seniority-cum-fitness.
10. Posting and transfer.-Every civil servant shall be liable to serve any
where within or outside Pakistan, in any post under the Federal Government, or
any Provincial Government or local authority, or a corporation or body set up
or established by any such Government:---
Provided that nothing contained in this section
shall apply to a civil servant recruited specifically to serve in a particular
area or region:
Provided further 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.
11.
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 from
one [service], cadre or post to another [service] cadre or post, his service
shall not be so terminated so long as he holds a lien against his former post
in such [service] cadre or post but he shall be reverted to his former
[service], cadre or post as the case may be;
(ii)
on the expiry of the initial or extended period of his employment; or
(iii)
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.
(2)
Where, on the abolition of a post or reduction in the number of posts in a
cadre or [service] the services of a civil servant are required to be
terminated, the person whose services are terminated shall ordinarily he the
one who is the most junior in such cadre or service.
(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 ad hoc shall be liable to termination on fourteen days”
notice or pay in lieu thereof.
12.
Reversion to a lower post.-A civil servant appointed to a higher post or [before the
commencement of the Civil Servants (Amendment) Ordinance, 1983 to a higher]
grade ad hoc or on temporary or officiating basis shall be liable to reversion
to his lower post without notice.
12-A. Certain persons to be liable
to removal, etc.-Notwithstanding
anything contained in this Act or in the terms and conditions of a civil
servant appointed or promoted during the period from the first day of January,
1972, to the fifth day of July, 1977, the President or a person authorised by
him in this behalf may,-
(a)
without notice, remove such a civil servant from service or revert him to his
lower post as the case may be, on such date as the President or, as the case
may be, the person so authorised may, in the public interest, direct; or
(b)
in a case where the appointment or promotion of such a civil servant is found
by the President or, as the case may be, the person so authorised to suffer
from a deficiency in the minimum length of service prescribed for promotion or
appointment to the higher grade, direct, without notice, that seniority in such
case shall count from the date the civil servant completes the minimum length
of service in such appointment or promotion, as the case may be.
13.
Retirement from service.-A civil servant shall retire from service on the completion of the
sixtieth year of his age.
14.
Employment after retirement.-(1) A retired civil servant shall not be re-employed under
the Federal Government, 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 President, such re-employment may be ordered with the approval of the
President.
(2)
Subject to the provisions of sub-section (1) of section 3 of the Ex-Government
Servants (Employment with Foreign Governments) (Prohibition) Act, 1966 (XII of
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 or within two years of
the date of his retirement, he shall obtain the prior approval of the
prescribed authority.
15.
Conduct.-The
conduct of a civil servant shall be regulated by rules made, or instructions
issued, by Government or a prescribed authority, whether generally or in
respect of a specified group or class of civil Servants.
16.
Efficiency and discipline.-A civil servant shall be liable to prescribed disciplinary action and
penalties in accordance with the prescribed procedure.
17. Pay.-A civil servant appointed to a
post shall be entitled, in accordance with the rules, to the pay
sanctioned for such post.
Provided that, when 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 a civil servant 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.
18.
Leave.-A civil
servant shall be allowed leave in accordance with the leave rules applicable to
him, provided that the grant of leave will depend on the exigencies of service
and be at the discretion of the competent authority.
19.
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 the 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 civil servant, not exceeding two-thirds of the pension or
gratuity which would have been admissible to him had he been invalided from
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 over payment consequent on such
provisional payment shall be adjusted against the amount of pension or gratuity
finally determined as payable to such civil servant or his family.
20.
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 very 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 interests 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 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.
21.
Benevolent Fund and Group Insurance.-All civil servants and their families shall be entitled
to the benefits admissible under the Central Employees Benevolent Fund and
Group Insurance Act, 1969 (II of 1969), and the rules made thereunder.
22. 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
provided to a civil servant under any rules applicable to him. such appeal or
application shall, except as may be otherwise prescribed be made within thirty
days of the date of such order.
(2)
Where no provision for appeal or review exists under
the rules in respect of any order or class of orders, a civil servant aggrieved
by any such order -nay within thirty 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.
MISCELLANEOUS
23.
Saving.-
Nothing in this Act or in any rule shall be construed to limit or abridge the
power of the President 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 favorable to him than that provided by this Act or such rule.
24.
Removal of difficulties.-If any difficulty arises in
giving effect to any of the provisions of this Act, the President 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:
Provided that no such power shall be exercised
after the expiry of one year from the coming into force of this Act.
RULES
25.
Rules. (1)
The President or any person authorized by the
President 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.
26.
Repeal.- The Civil Servants
Ordinance, 1973 (XIV of 1973), is hereby repealed.
Civil Servants’ (Seniority)
Rules, 1993
Civil Servants’ (Appeal)
Rules, 1977
Civil Servants’ (Appointment,
Promotion, and Transfer) Rules, 1973
Civil Service (Change in
Nomenclature of Services and Abolition of Classes) Rules, 1973
Civil Service of Pakistan
(Composition and Cadre) Rules, 1954
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