THE SINDH CIVIL SERVANTS ACT, 1973

THE SINDH CIVIL SERVANTS ACT, 1973

 

Sindh Act No. 14 of 1973.                                            5th December, 1973

 

(First published after having received the assent of the Governor of Sindh in the Gazette of Sindh (Extra-Ordinary dated 5th December, 1973

 

AN ACT

 

To regulate the appointment of persons to, and the terms and conditions of service of persons in, the service of Pakistan in connection with the affairs of the Province of Sindh.

Services

 

 

 

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 Pakistan in connection with the affairs of the Province of Sindh and provide for matters connected there with or ancillary thereto;

 

It is hereby enacted as follows :–

Preamble

 

 

 

  1. (1) This Act may be called the Sindh Civil Servants Act,
    • It applies to all civil servants wherever they may
    • It shall come into force at

Short title Application and com- mencement.

 

 

CHAPTER 1.—-PRELIMINARY

 

  1. (1) In this Act, unless there is anything repugnant in the

subject or context :–                                                                                              Difinition

 

  • adhoc appointment” means appointment of a duly qualified person made otherwise than in accordance with the prescribed method of recruitment, pending the recruitment in accordance with such method;

 

  • civil servant” means a person who is a member of a civil service of the Province or holds a civil post in connection with the affairs of the Province, but does not include :–

 

 

(i)

 

 

(ii)

 

(iii)

a person who is on deputation to the Province from the Federation or any other Province or authority; or

 

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 Workmen’s Compensation Act, 1923 (VIII of 1923),

 

  • “Government” means the Government of Sindh;

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

“initial appointment” means appointment made other- wise than by promotion or transfer;

 

“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 by the prescribed authority to be pay;

 

“permanent post” means a post sanctioned without limit of time;

 

“prescribed” means prescribed by rules;

 

“rules” means rules made or deemed to have been made under this Act;

 

“selection authority” means the Sindh Public Service Commission, a departmental selection board, depart- mental 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;

 

“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

 

 

  1. The terms and conditions of service of a civil servant shall be as provided in this Act and the rules.

 

  1. Every civil servant shall hold office during the pleasure of Government.

 

  1. Appointments to a civil service of the Province or a civil post in connection with the affairs of the Province shall be made in the prescribed manner by Government or by a person authorized by it in that behalf:

1[Provided that two per centum of such appointments shall, subject to availability, be made from amongst the disabled persons as defined in the Disable Persons, (Employment and Rehabilitation) Ordinance, 1981;

Terms and conditions

 

 

Tenure of office of civil servants

 

Appointment

 

 

  1. Amendment of section 5 of Sindh Act XIV of 1973. for the words “one per centum” the words “two per centum”. (Law Department Notification No. S. Legis. 1(40)/2001, dated 26th June 2001.

 

 

  1. (1) An initial appointment to a service of post referred to in section 5, not being an adhoc appointment, shall be on probation as may be

 

  • 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 complete course or the training shall, except as may be prescribed otherwise :–

Probation

 

 

  • if he was appointed to such service or post by initial recruitment, be discharged; or

 

  • 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 of 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.

 

  1. (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 civil servant promoted to a post on regular basis shall be eligible for confirmation after rendering satisfactory service for the period prescribed for confirmation

 

  • There shall  be  no  confirmation against any    temporary

post.

 

  • 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 morally be reason of such retirement, be refused confirmation in such service or post or any benefits accruing there

 

  • 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.

 

 

  1. (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

 

  • 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

 

  • Seniority on initial appointment to a service, Cadre or post shall be determined as may be

 

  • Seniority in a post, service or cadre to which a civil servant is promoted shall take effect from the date of regular appointment of such civil servant to that post, service or

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-seniority as in the lower post.”

 

 

 

 

 

  1. (1) A civil servant possessing such minimum qualification as

 

Seniority

 

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.

 

  • 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 may be prescribed—
    • in the case of selection post, on the basis of selection on merit; and
    • in the case of a non-selection post, on the basis of seniority cum-fitness.

 

8[9(A) Notwithstanding any thing contained in this Act or any other law for the time being in force or any Judgment of any court, a civil servant who provenly exhibits the act of gallantry while performing in his duties or very exceptional performance beyond the call of duty, may be granted out of turn promotion or award or reward in such manner as may be prescribed.

 

  1. Every civil servant shall be liable to serve any where within or outside the province in any post under Government, Federal Government or any Provincial Government or local authority, or Corporation or body set up or established by any such

 

Provided that nothing contained in this section shall apply to a civil servant recruited specifically to serve in a particular area of 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.

 

  1. (1) The service of a civil servant may be terminated without notice.

 

  • 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 or cadre, but be shall be reverted to his former service cadre or post, as the case may be;

 

  • on the expiry of the initial or extended period of his employment; or
  • if the appointment is made adhoc terminable on the appointment of a person on the recommendation of the selection authority, on the appointment such

Promotion

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Posting and transfers.

 

 

 

 

 

 

 

 

 

 

 

 

Termination of service

 

  • 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 one who is the most junior in such cadre or service.

 

  • 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 adhoc shall be liable to termination on fourteen days’ notice or pay in lieu

 

 

  1. A civil servant appointed to a higher post [ ] on adhoc or on temporary or officiating basis shall be liable to reversion to his lower post 5[ ] without

 

  1. A civil servant shall retire from service

 

9[           (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 the public interest, direct;

Reversion to a lower post.

 

 

Retirement from service

 

 

  1. With effect from 1st July 1983, vied Sindh ordinance No.XIII of 84)-sindh Government
  2. Notification No. S.Legis. 1(13)/84, dated 17th September 19
  3. Government Gazette E.O.-Part-I -1984 pages 1920-21.
  4. Omitted
  5. with effect from 22nd November 1976 vide Sindh Ordinance No. IX of 1976 (Law Department Notification S. Legis. 1(9)/76 dated 27th November 1976) Sindh Government Gazette Part-I – E.O. 1976 -pages – 1430.
  6. ved/c Sindh Act No.I. dated 1984 Law Department Notification No. PAS/Legis-9188 dated 9th February 1989.
  7. Section 9A inserted in Sindh Act XIV of 1973. (Law Department Notification No. S. Legis. 1(4)/2002, dated 22nd January,
  8. Amendment of section 5 of Sindh Act XIV of 1973. for the words “twenty-five” the word “twenty”. (Law Department Notification No. S. Legis. 1(30)/2001, dated 8th December,

 

Provided that no civil servant shall be retired unless he has been informed in writing of the grounds of the action proposed to be taken against him and has been given reasonable opportunity of showing cause against that action.

 

(ii) where no direction is given under clause (i), on the completion of the sixty years of his age.

 

Explanation. In this section, “competent authority” means the appointing authority or a person duly authorised by he appointing authority in that behalf, not being a person lower in rank than the civil servant concerned.

 

 

  1. (1) 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 Government, such re-employment may be ordered with the approval of Government.

Employment after retirement.

 

(2) Subject to the provision 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.

 

  1. No person convicted for an offence involving moral turpitude shall, unless Government otherwise direct, be appointed to a Civil Service or post.

 

 

  1. 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.

 

  1. A civil servant shall be liable to prescribed disciplinary action and penalties in accordance with the prescribed procedure.

 

  1. A civil servant appointed to a post 3[ ] shall be entitled, is accordance with the rules, to the pay sanctioned for such post 3[ ].

[“Provided that, when in exigencies of service, the appointment for temporary period is made to higher post 3[ ] the appointing authority may direct that the appointee shall, instead of drawing the pay of such higher post 3[ ] draw the pay of the lower post 3[ ] he held immediately before such appointment, with such special pay as may be prescribed, but where the appointment made on 2 acting charge basis  or by way of current or additional charge the pay of the appointee 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.

 

  1. 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

 

  1. (1) On retirement from service, a civil servant shall be entitled to receive such pension or gratuity as may be

 

  • 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

 

  • No pension shall be admissible to a civil servant who is dismissed or removed from service for reasons of discipline, but

Conduct

 

 

 

Efficiency and Discipline

 

 

 

Pay

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Leave

 

 

 

 

Pension and Gratuity.

 

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 invalidated from service on the date of such dismissal or removal.

 

  • 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

 

 

  1. (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 proceeding 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.

 

  1. All civil servants and their families shall be entitled to the benefits admissible under the Sindh Government Benevolent Fund Ordinance, 1960 and the Sindh Civil Servants Welfare Fund Ordinance, 1979 and the rules made there ”]

 

  1. (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

 

(2) Where no provision for appeal or review exists under the rules in respect of any order or class of orders, a civil servant aggriev- ed 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 2 [ ].

 

 

23(A) No suit, prosecution or other legal proceedings  shall  lie  against a civil servants for anything done in his official capacity which is in good faith done or intended to be done under this Act or the rules,

 

 

Provident Fund.

 

 

 

 

 

 

 

 

 

 

 

 

 

Benevolent Fund and Group Insurance.

 

 

Right of appeal or re- presentation.

 

instructions or directions made or issued.

 

23(B) Save as provided under this Act and the Sindh Services Tribunals Act, 1973, or the rules made there under, no order made or proceedings under this Act, or the rules made there under 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 there under.

23(A) & 23(B) Sections shall be inserted.(Law Department Notification No. S.

Legis. 1(30)/2001, dated 12th October, 2002.

 

 

CHAPTER III.—- MISCELLANEOUS

 

 

  1. Nothing in this Act or in any rule shall be construed to limit or abridge the power of Government to deal with the case of any civil servant in such manner as may appear to it 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.

 

  1. If any difficulty arises in giving effect to any of the provisions of this Act, Government may make such order, not inconsistent with the provisions of this Act, as may appear to it to be necessary for the propose 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

 

  1. (1) Government or any person authorised by it in this behalf, may make such rules as appear to be necessary or expedient for carrying out the purpose 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.

 

CHAPTER V.—– REPEAL

 

  1. The Sindh Civil Servants Ordinance, 1973, is hereby repealed.

 

 

 

Saving

 

 

 

 

 

 

 

Removal of difficulties.

 

 

 

 

 

 

 

Rules

 

 

 

 

 

 

 

 

 

 

 

 

 

Repeal of Sindh Ordinance of 1973.

 

GOVERNMENT OF SINDH LAW DEPARTMENT

NOTIFICATION

Karachi, the 17th September, 1984.

 

No. S-Legis 1 (13)/84.—- The following Ordinance by the Governor of Sindh is hereby published for general information.

 

THE SINDH CIVIL SERVANTS (AMENDMENT)

ORDINANCE, 1984.

 

Sindh Ordinance No. XIII of 1984.

 

AN    ORDINANCE

to amend the Sindh Civil Servants Act, 1973.

 

 

WHEREAS it is expedient to amend the Sindh Civil Servants Act, 1973 in the manner herein after appearing;

 

NOW, THEREFORE, in pursuance of the Proclamation, of the fifth day of July, 1977 and the Provincial Constitution Order, 1981,  the Governor of Sindh is pleased to make and promulgate the following Ordinance :—-

Preamble.

 

 

 

  1. (1)

 

 

(2)

This Ordinance may be called the Sindh Civil Servants (Amendment) Ordinance, 1984.

 

It shall come into force at once and shall be deemed to have taken effect on and from the 1st day of July, 1983.

Preamble Short title and com- mencement.

 

 

 

  1. In the Sindh Civil Servants Act, 1973 herein after referred to as the said Act, in section 7, in sub-section (2), the words “or grade” shall be

 

  1. In the said Act, in section 8 —-

Amendment of section

of Sindh Act XIV of 1973

 

 

 

(a)

 

 

(b)

 

 

in sub-section (1), for the word “grade” wherever occurring, the word “post” shall be substituted;

 

in sub-section (2) and sub-section (3), for the word “grade” the word “cadre” shall be substituted; and

 

for sub-section (4) and the proviso thereto, the following shall be substituted :–

Amendment of section 8 of Sindh Act XIV of 1973

 

 

 

(4) Seniority in a post, service or cadre to which a

 

civil servant is promoted shall take effect from the date of regular appointment of such civil servant to that post, service or cadre :

 

 

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.”

Amendment of Section 9 of Sindh Act XIV 1973.

 

 

  1. In the said Act, in section 9, in sub-section (1)—

 

 

(i)

 

 

(ii)

between the article “a” and the word “post”, the word “higher” shall be added, and

 

the words “the higher grade of” shall be omitted.

Amendment of Section 9 of Sindh Act XIV 1973.

 

 

 

  1. In the said Act, in section 11, for the word “grade” wherever occurring the word “service” shall be substituted.

 

  1. In the said Act, in section 12—-

Amendment of section 11 of Sindh Act XIV of 1973.

 

Amendment

 

(i)

 

 

(ii)

in the marginal heading, for the words “grade or service” the word “post” shall be substituted;

 

the words “or grade” occurring twice shall be omitted.

of section 12 of Sindh Act XIV of  1939.

 

 

Amendment of section 18

 

  1. In the said Act, in section 18 and the proviso  thereto  the words “or grade” wherever occurring shall be

 

  1. In the said Act, for section 22, the following shall be substituted :–

All civil servants and their families shall be entitled to the benefits admissible under the Sindh Government Benevolent Fund Ordinance, 1960 and the Sindh Civil Servants Welfare Fund Ordinance, 1979 and the rules made thereunder.”

 

  1. In the said Act, in section 23, in the proviso to sub-section
  • the words “or grade” shall be

 

Karachi :                                                  Lieutenant General Jahan Dad Khan

Dated 31st August, 1984.                                 H.I. (M). S.B.T.

of Sindh Act XIV of 1973

 

 

Amendment of section 22 of Sindh Act XIV of 1973

 

PROVINCIAL ASSEMBLY OF SINDH

NOTIFICATION

Karachi, the 9th February, 1989

 

No. PAS/Legis-B-9/88.—- The Sindh Civil Servants (Amendment) Bill, 1988 having been passed by the Provincial Assembly of Sindh on 21st December, 1988 and assented to by the Governor of Sindh on 23rd January, 1989 is hereby published as an Act of the Legislature of Sindh.

 

THE SINDH CIVIL SERVANTS (AMENDMENT)

ACT, 1988

SINDH ACT NO. I OF 1989

 

(First published after having received the assent of the Governor of Sindh in the Gazette of Sindh (Extra-Ordinary) dated 9th February, 1989).

 

AN ACT

to ament the Sindh Civil Servants Act, 1973.

 

WHEREAS it is expedient to amend the Sindh Civil Servants

Act, 1973 in the manner herein after appearing;                                                 Preamble

 

It is hereby enacted as follows :—

 

 

  1. (1)

 

 

(2)

This Act may be called the Sindh Civil Servants (Amendment) Act, 1988.

 

It shall come into force at once.

Short title and Com- mencement.

 

 

 

  1. In the Sindh Civil Servants Act, 1973, in section 13, in clause (i), after semi-colon, the following proviso shall be inserted :–

Amendment of section 13 of Sindh Act XIV of 1973

 

 

“Provided that no civil servant shall be retired unless he has been informed in writing of the grounds of the action proposed to be taken against him and has been given reasonable opportunity of showing cause against that action.”

 

 

  1. The Sindh Civil Servants (Amendment) Ordinance, 1988 is hereby repealed :

Repeal of Sindh Ordinance VII of 1988

 

PROVINCIAL ASSEMBLY OF SINDH

NOTIFICATION

Karachi, the 22nd May, 1989

 

No. PAS/Legis-B-8/89.—- The Sindh Civil Servants (Regularization of adhoc Appointments) Bill, 1989 having been passed by the Provincial Assembly of Sindh on 12th April, 1989 and assented to by the Governor of Sindh on 4th May, 1989 is hereby published as an Act of the Legislature of Sindh.

 

THE SINDH CIVIL SERVANTS (REGULARIZATION

OF ADHOC APPOINTMENTS) ACT, 1989

SINDH ACT NO. VII OF 1989

 

(First published after having received the assent of the Governor of Sindh in the Gazette of Sindh (Extra-Ordinary) dated 22nd May, 1989).

 

AN ACT

 

to provide for regularization of the services of certain civil servants appointed on adhoc basis.

 

 

WHEREAS it is expedient in the public interest to provide for regularization of the services of certain civil servants appointed on adhoc basis in the manner hereinafter appearing;

Preamble

 

 

It is hereby enacted as follows :—

This Act may be called the Sindh Civil Servants (Regularization of adhoc Appointment) Act, 1989.

 

It shall come into force at once.

 

In this Act, unless the context otherwise requires— “Act” means the Sindh Civil Servants Act, 1973;

“Commission” means the Sindh Public Service Commission;

 

“Government” means the Government of Sindh; and

 

“post” means a post sanctioned by Government connected with the affairs of the Province.

 

The expression “adhoc appointment” and “civil servant” shall have the same meanings as respectively assigned to them in the Act.

Short title and Com- mencement.

 

 

Definitions

 

 

  1. (1) Notwithstanding anything contained in the Act or rules

 

there under, or in any degree order or Judgement of a court, but subject to the other provisions of this Act, a civil servant holding adhoc appointment against a post on or before the 12th day of October, 1988 and continuing as such till the commencement of this Act, shall, on orders made in that behalf, be deemed to have been validly appointed to that post on regular basis with effect from the date of commencement of this Act.

 

  • The orders under sub-section (1) shall not be made unless antecedents of such civil servants with regard to his academic qualifi- cations, experience, age and place of domicile are scrutinized and cleared by a Special Committee appointed by

 

  • The Special Committee under sub-section (2) shall be headed by the Secretary incharge of the Department concerned and amongst others shall consist of a representative each from that Depart- ment and the Services and General Administration

 

  1. Where the Commission, has recommended any person for appointment to a post in a cadre or service before the commencement of this Act such person shall be accommodated if necessary, by terminating the services of the junior most adhoc civil servant in that cadre or service :

 

Provided that where the dates of appointment of two or more adhoc civil servants are the same, the services of the person younger in age shall be terminated.

 

  1. (1) The civil servants whose services are regularized under this Act shall rank junior—

Regularization of Service of certain civil servants.

Download in PDF

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Procedure for termination of services where such termination is necessary.

 

 

 

 

 

Seniority.

 

 

 

  • to the civil servants belonging to the same service or cadre, who are in service or cadre on regular basis on the commencement of this Act;

 

  • to such persons, if any, who in pursuance of the re- commendations of the Commission made before the commencement of this Act, are appointed to the respective service or cadre irrespective of their actual dates of

 

(2) The itners seniority of the civil servants whose services are regularized under this Act within the same service or cadre shall be determined on the basis of their continuous appointment in such service of cadre;

Provided that where the dates of their continuous appointment are the same, the older in age shall rank senior to the younger in age.

 

BY ORDER OF THE SPEAKER PROVINCIAL ASSEMBLY OF SINDH

 

 

Subject :–        ACTION TO BE TAKEN IN PURSUANCE OF THE PRO-

 

VISIONS OF THE SINDH CIVIL SERVANTS

(REGULA- RIZATION OF AD-HOC

APPOINTMENTS) BILL 1989.

 

 

I am directed to say that the Provincial Assembly has passed the above Bill to which assent of the Governor has been received. All procedural formalities leading to the regularizations of the services of the ad-hoc civil servants thus should now be completed on priority basis.

 

  1. Action indicated below may please be initiated :–

 

  • The antecedents of the ad-hoc employees covered by the provisions of the Bill like academic qualifications, experience, age and place of domicile, etc. should be collected and checked.

 

  • After each and every case has been checked, the particulars should be typed out in statement form to be placed before the Special Committee for final scrutiny (specimen of statement at annexure–I).

 

  • Composition of the Special Committee to be appointed by each Adminis- trative Department under Sub-Section (2) of Section 3 may be got approv-ed from the Chief Minister by moving a summary through the Minister/ Chief Secretary (Specimen of Summary at annexure-II).

 

  1. The Government attaches utmost importance to this task which should be completed within the shortest possible time. The Administrative Secretaries who would head the Special Committees should personally ensure completion of the whole exercise in an orderly

 

  1. It is requested that a certificate in the following form signed by the Administrative Secretary may please be furnished to this Department before the expiry of two months from the date of commencement of the Act :—

 

CERTIFICATE

 

CERTIFIED that all adhoc civil servants under the administrative control of this Department to whom the provisions of the Sindh Civil Servants (Regularization of Adhoc Appointments) Act, 1989 apply have been regularized.

 

ANNEXURE-I

 

 

DETAILS OF AD-HOC CIVIL SERVANTS WHOSE SERVICES ARE REQUIRED TO BE REGULARIZED IN PURSUANCE OF THE PROVISIONS OF THE SINDH CIVIL SERVANTS (REGULARIZATION OF ADHOC APPOINTMENTS) BILL, 1989.

 

 

Serial      Name of       Post held         Date from          Whether he                Remarks No.the Civil           on Ad-hoc   which cont-  possesses the

Servant Basis with inuing on Qualifications
BPS Ad-hoc experience, age,
basis Domicile etc.
as prescribed
in the rules for
the post.
 

1                2

 

3

 

4

 

5                            6

 

ANNEXURE–II.

 

 

SUMMARY FOR CHIEF MINISTER

 

Subject :– APPOINTMENT OF SPECIAL COMMITTEE TO SCRUTINISE AND CLEAR ACADEMIC QUALIFICATIONS, EXPERIENCE, AGE AND DOMICILE/P.R.C. ETC OF AD-HOC EMPLOYEES.

 

 

Chief Minister may kindly refer to the provisions of Sub-Section (2) of Section 3 of the Sindh Civil Servants (Regularization of Ad-hoc Appointments) Act, 1989 which requires that the Government should appoint a Special Committee for scrutiny and clearance of the antecedents of the ad-hoc civil servants to be regularised in pursuance of the said Act.

 

  1. According to Sub-Section (3) of Section 3 ibid, the Special Committee is to be headed by the Secretary Incharge of the Department concerned and, among others, should consist of a representative each from that Department and the S&GAD.

 

  1. In consultation with the S&GAD the following composition of the Special Committee to be appointed by this Department for the said purpose is proposed :–

 

(1)     Secretary ………………………..

 

(2)     S&GAD representative Deputy Secretary (Services — I) for posts in BPS–18 and above.

 

Deputy Secretary (Services–II) for posts in BPS-16 and 17.

Section Officer—X

for posts in BPS-3 to 15.

 

(3)     ………………………………

 

(4)     ……………………………..

 

(5)     ……………………………..

 

  1. Chief Minister may kindly approve so that the composition of the Committee is notified to enable it to start its

 

Minister Incharge Chief Secretary Chief Minister.

ADMINISTRATIVE SECRETARY.

 

Subject :— ACTION TO BE TAKEN IN PURSUANCE OF THE PRO- VISIONS OF THE SINDH CIVIL SERVANTS (REGULARI- ZATION OF AD-HOC APPOINTMENTS) ACT, 1989.

 

 

In continuation of this Department Circular letter of even number dated 22nd May, 1989, I am directed to forward herewith a copy of the Sindh Civil Servants (Regularization of Ad-hoc Appointments) Act, 1989 as published in the Extra-Ordinary issue of the Sindh Government Gazette dated 22nd May, 1989.

 

  1. It is requested that all concerned under your administrative control may please be advised to carefully study the provisions of the Act for taking further necessary action in the matter

 

  1. I am further directed to point out that the stipulated period of two months reprerred to in para 4 of this Department’s Circular letter dated 22nd May, 1989, quoted above, will end on 22nd July 1989. It is, therefore, requested that requisite Certificate may please be furnished to this Department by the due date.

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