Public Administration Pakistan

THE CIVIL SERVANTS ACT, 1973 The Civil Servants Act, 1973, is a fundamental piece of legislation in Pakistan that governs the terms and conditions of service for civil servants employed by the federal government. This act, enacted in 1973, provides the legal framework for the appointment, terms of employment, discipline, and other matters related to civil servants. In this introduction, we will explore the historical context, objectives, and legal significance of the Civil Servants Act, 1973.   Sections Contents     Preamble 1 Short title, application and commencement     CHAPTER I-PRELIMINARY   2 Definitions     CHAPTER II.-TERMS AND CONDITIONS OF SERVICE OF CIVIL SERVANTS   3 Terms and conditions   4 Tenure of office of civil servants   5 Appointments   6 Probation   7 Confirmation   8 Seniority   9 Promotion   10 Posting and transfer   11 Termination of service   12 Reversion to a lower post   12-A Certain persons to be liable to removal, etc   13 Retirement from service   14 Employment after retirement   15 Conduct   16 Efficiency and discipline   17 Pay   18 Leave   19 Pension and Gratuity   20 Provident Fund   21 Benevolent Fund and Group Insurance   22 Right of appeal or representation     CHAPTER III-MISCELLANEOUS   23 Saving   24 Removal of difficulties     CHAPTER IV-RULES   25 Rules   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 Pakistan   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.   CHAPTER II TERMS AND CONDITIONS OF SERVICE OF CIVIL SERVANTS 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 President. 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. 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