ACT XVIII OF 1973
NORTH‑WEST FRONTIER PROVINCE CIVIL SERVANTS ACT, 1973
An Act to regulate the appointment of persons to, and the terms and conditions of service of persons in, the service of the North‑West Frontier Province
[Gazette of N.‑W. F. P., Extraordinary, 12th November 1973]
No. Legis. 1 (21)/73.‑The following Act of the Provincial Assembly o: ‑the North‑West Frontier Province, having been assented to by the Governor of the North‑West Frontier Province, on the 11th November 1973, is hereby published for general information---‑
Preamble.‑Whereas 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 the North‑West Frontier Province, and to provide for matter: connected therewith or ancillary thereto;
It Is hereby enacted as follows:‑
1. Short title, application and commencement.‑(1) ThisAct may be called the North‑West Frontier Province Civil Servants Act, 1973.
(2) This section and section 25 shall apply to persons employed on contract, or on work‑charged basis, or who are paid from contingencies, and the remaining provisions of this Act including this section, shall apply to all civil servants wherever they may be.
(3) It shall come into force at once.
*2. Definitions.‑(t)*In this Act, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned ‑to them, that Is to say‑
(a) "ad hocappointment" means appointment of a duly qualified person made otherwise than in accordance with the prescribed method of recruit ment, 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 to 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 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 (Act XXV of 1934), or the Workmen's Compensation Act, 1923 (Act VIII of 1923);
(c) "Government" means the Government of the North‑West Frontier Province;
(d)"initial appointment" means appointment made otherwise than by promotion or transfer;
(e)"pay" means the amount drawn monthly by a civil servant as pay, and includes special pay, personal pay and any other emoluments declared by the prescribed authority to be pay;
(f) "permanent post" means a post sanctioned without limit of time;
(g) "prescribed" means prescribed by rules ;
(h) "Province" means the North‑West Frontier Province;
(i) "rules" means rules made or deemed to have been made under this Act ;
(j) "selection authority" means the North‑West 'Frontier Province 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;
(k) "temporary post" means a poet 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 proscribed manner.
CHAPTER II.‑TERMS AND CONDITIONS OF SERVICE OF
Terms and conditions.‑The terms and conditions of service of a civil; servant shall be as provided in this Act and the rules.
Tenure of office of civil servants.‑Every civil servant shall hold office during the pleasure of the Governor.
- Appointment.‑Appointments to a civil service of the Province or to e 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 the, Governor in that behalf.
6. Probation.‑(1) Aninitial 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.
(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 course or the training shall, except as may bar prescribed otherwise,‑
(a) if he was appointed to such service or post by initial recruitment, her discharged; or
(b) if he was appointed to such service or post by promotion or transfers 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 to the opinion of the appointing authority.
*7. Confirmation.‑(1)*A person appointed on probation shall, of satisfactory completion of his probation, be eligible for confirmation in ea service or, as the case may be, a post as may be prescribed.
(2) A civil servant promoted to a post or grade 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 ef permanent vacancy in that service or post or from the date of continuous officiation, in such service or post, whichever is. later.
- Seniority.‑(1) For proper administration of a service, cadre or grade, the appointing authority shall cause a seniority list of the members for the time being of such service, cadre or grade to be prepared, but. nothing herein contained shall be construed to confer any vested right to a particular seniority in such service, cadre or grade, as the case may be.
(2) Subject to the provisions of subsection (1), the seniority of a civil?. servant shall be reckoned in relation to other civil servants belonging to the same service or grade, whether serving In the same department or office or: not, as may be prescribed.
(3) Seniority on initial appointment to a service, grade or post shall be, determined as may be prescribed.
(4) Seniority in the grade to which a civil servant is promoted shall take effect from the date of regular appointment to a post in that grade:
Provided that civil servants who are selected for promotion to a higher' grade in one batch shall, on their promotion to the higher grade, retain their inter se seniority as in the' lower grade.
- Promotion.‑(1) A civil servant possessing such minimum qualifications as may be prescribed shall be eligible for promotion to a post for the time being reserved under the rules for departmental promotion in the,, higher grade of the service or cadre to which he belongs.
(2) A post referred to in subsection (1) may either be a selection post of a non‑selection post to which promotion 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.
- Posting and transfers.‑Every civilservant shall be liable to servo anywhere within or outside the Province, 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 posy 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 entitle if he had not been so required to serve.
- Termination *of service.‑(1)*The service of a civil servant may be terminated without notice‑--
(i) during the initial or extended period of hisprobation:
Provided that, where such civil servant is appointed by promotion on probation or, as the case may be, is transferred from one grade, cadre or post to another grade, cadre or post, hisservice shall not be so terminated so long as he holds a lien against his former post in such grade or cadre, but he shall be reverted to his former grade, 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 hocterminable 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 poets in a cadre or grade, 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 grade.
(3) Notwithstanding the provisions of subsection (1), but subject to the provisions of subsection (2), the service of a civil servant in temporary employment or appointed ad hocshall be liable to termination on fourteen slays' notice or pay in lieu thereof.
Reversion to a lower grade or service.----‑A, civil servant appointed to a higher post or grade ad hoc or on temporary or officiating basis shall be liable to reversion to his lower post or grade without notice.
Retirement fromservice.‑A civil servant shall retire from service ‑---
(i) on such date after he has completed twenty‑five years of service qualifying for pension or other retirement benefits as the competent authority may, in the public interest, direct; or
(ii) where no direction is given under clause (i), on then; completion of the fifty‑eighth year of his age.
Explanation.‑In this section, "competent authority" means the appoint. lug authority or a person duly authorised by the appointing authority In that behalf, not being a person lower in rank than the civil servant concerned.
- Employment after retirement.‑(I) A retired civil servant shall not ordinarily be re‑employed under 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 Governor, such re‑employment may be ordered with the approval of the Governor.
(2) Subject to the provisions of subsection (1) of section 3 of the Ex‑Government Servants (Employment with Foreign Governments) (Prohibi tion) Act, 1966 (Act XII of 1966), a civil servant may, during leave preparatory to retirement, or after retirement from Government service, seen 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 retire ment, he shall obtain the prior approval of the prescribed authority.
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.
Disciplinary action.‑A civil servant shall be liable to prescribed disciplinary action and penalties in accordance with the prescribed procedure.
Pay. ‑‑A civil servant appointed to a post or grade shall be entitled, in accordance with the rules, to the pay sanctioned for such post or grade:
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.
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.
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‑third 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 pay over payment 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.
- 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.
21. Benevolent Fund and Group Insurance.‑Allcivil servants and their families shall be entitled to the benefits admissible under the West Pakistan Government Employees Welfare Fund Ordinance, 1969 (W. P. Ord. I of 1969), or the North‑West Frontier Province Government Servants Benevolent Fund Ordinance, 972 (N.‑W. N. P. Ord. VII of 1972), and the rules made thereunder.
22. Rightof 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.
23 . 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.
24. Removalof difficulties.‑If any difficulty arises in giving effect to any of the provisions of this Act, the Governor 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 exercise after the expiry of one year from the coming into force of this Act.
- Appointment ofpersons on contract, etc.‑The Governor or any person authorised by the Governor in that behalf may, on such terms and conditions as he may specify in each case, appoint persons on contract basis,, or on work‑charged basis, or who are paid out of contingencies:
Provided that all such employees who were working in any such capacity immediately before the commencement of this Act shall continue to be so employed on the same terms and conditions on which they were appointed.
- Rules.‑(I) The Governor or any person authorised by the Governor !n this behalf, may make such rules a9 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 wads under this Act.
- Repeal.‑The North‑WestFrontier Province Civil Servants Ordi nance, 1973 (N.‑W. F. P. Ordinance No. VI of 1973), is hereby repealed.