CIVIL SERVANTS ACT, 1973
(Act No.LXXI of 1973)
An Act to regulate the appointment of persons to, and the terms and conditions of service of persons in the service to Pakistan.
An Act to regulate the appointment of persons to, and the terms and conditions of service of persons in the service to Pakistan
WHERAS , it is expedient to regulate by law, the appointment of persons to, and the terms and conditions of service of persons in, the service to 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 1. ---PRELIMINARY
(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---
- a person who is on deputation to the Federation from any Province or other authority;
- a person who is employed on contract or on work-charged basis or who is paid from contingencies; or
- 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 paid;
(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 services of 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 Services 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 defense, shall be made in the prescribed manner by the President or by a person authorized 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 on 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 compete 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 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.---- (I) 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 there from.
(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 officiating, 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 prescribed, 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 provision 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---
(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.
10. Posting and transfer,---- Every civil servant shall be liable to serve anywhere 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 by any such Government.
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 favorable than those to which he would have been entitled if he had not been so required to serve.
11. Termination of service,---- (1) The services 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 recommendations of the selection authority, or 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 be 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 services of a civil servant in temporary employment or appointed ad hoc shall be liable to termination on fourteen days notice or pay in lieu of 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 on 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 authorized 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 authorized 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 authorized 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,--- (1) A 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 Civil Servants (Appointment, Promotion and Transfer) Rules, 1973.
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) (Probation) 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 or 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 form 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 compensation.
(4) If the determination of the amount of pension or gratuity admissible to a civil servant is delayed beyond one month from 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 every civil servant subscribing to a provident fund the account of which he is required to maintain a statement under his hand showing the subscription 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 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 & 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 there under.
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 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 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.
CHAPTER III, 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 favourable to him than that provided by this Act or such rule.
23A. 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.
23B. Jurisdiction barred.–-Save as provided under this Act and the Service Tribunals Act, 1973 (LXX of 1973), or the rules made thereunder, no order made or proceedings taken under this Act, or the rules made thereunder by the President 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.
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.
CHAPTER IV,---- 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.