Sindh Civil Servants Act, 1973.doc

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THE SINDH CIVIL SERVANTS ACT, 197311 (SINDH ACT XIV OF 1973)

SINDH GOVERNMANT GAZETTEPART-IV EXTRAORDINARY 1973

[5th December, 1973]

An Ac to regulate the appointment of persons to, and the terms and conditions of service of persons in, the service of Pakistan in connection ith the affairs of the Province of !indh

!HEREAS it is e"pedient to regulate b# la, the appointment of persons, to, and the terms andconditions of service of persons in, the service of Pakistan in connection ith the affairs of theProvince of !indh and provide for matters connected thereith or ancillar# thereto$

%t is hereb# enacted as follos&

1' (1) *his +ct ma# be called the S"n#$ C"%"& S'%n* Ac, 1973

() %t applies to all civil servants herever the# ma# be'

(3) %t shall come into force at once'

CHAPTER I+PRELIMINARY

' (1) %n this +ct, unless there is an#thing repugnant in the sub-ect or conte"t.

(a) /A#$c "n.'n/ means appointment of a dul# 0ualified personmade otherise than in accordance ith the prescribed method of recruitment,pending the recruitment in accordance ith such method$

(b) /c"%"& *'%n/ means a person ho is member of a civil service of the Provinceor holds a civil post in connection ith the affairs of the Province but does notinclude ..

//////////////////////////////1 or !tatement of 2b-ects and easons, see !indh 4overnment 4aette, Part %6, "tra.ordinar#, 1973, page 89'

1 (i) a person ho is on deputation to the Province from the

ederation or an# other Province or authorit# or'

(ii) a person ho is emplo#ed on contract, or on ork charged


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basis, or ho is paid from contingencies$ or

(iii) a person ho is a orker: or orkman: as defined in the actories +ct, 193; (


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@' (1) +n initial appointment to a service or post referred to in section 5, not being

an adhoc appointment, shall be on probation as ma# be prescribed'

() +n# appointment of a civil servant b# promotion or transfer to a service or post ma# also

be made on probation as ma# be prescribed'

(3) =here, in respect of an# service or post, the satisfactor# completion of probation includes the passing of a prescribed e"amination, test or course or successfulcompletion of an# training, a person appointed on probation to such service or post ho,before the e"pir# of the original or e"tended period of his probation, has failed to pass suche"amination or test or to successfull# complete course or training shall, e"cept as ma# beprescribed otherise,

(a) %f he as appointed to such service or post b# initial recruitment, be discharged$or'

(b) %f he as appointed to such service or post b# promotion or transfer, be reverted to theservice or post from hich he as promoted or transferred and against hich he holds alien or, if there be no such service or post, be discharged& /////////////////////////////////////1' Proviso added b# !indh 2rdinance Ao'


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/////////////////////1'*he ord /or grade/ omitted b# !indh 2rdinance Ao'


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() + post referred to in sub.section(l) ma# either be a selection post or a non.selection

post to hich promotion shall be made as ma# 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 ofseniorit# cum.fitness'

1[/9.+ Aotithstanding an#thing contained in this +ct or an# other la for the time

being in force or an# -udgment of an# court, a civil servant ho provenl# e"hibits the act of gallantr# hile performing his duties or ver# e"ceptional performance be#ondthe call of dut#, ma# be granted out of turn promotion or aard or reard in suchmanner as ma# be prescribed'/]

1C' ver# civil servant shall be liable to serve an#here ithin or outside the Provincein an# post under 4overnment, ederal 4overnment, or an# Provincial4overnment or local authorit#, or corporation or bod# set up or established b# an#such 4overnment'

Provided that nothing contained' in this section shall appl# to a civil servantrecruited specificall# to serve in a particular area or region&

Provided further that, here a civil servant is re0uired to serve in a postoutside his service or cadre, his terms and conditions of service as to his pa#shall not be less favourable than those to hich he ould have been entitled if he had not been so re0uired to serve'

11' (1) *he service of a civil servant ma# be terminated ithout notice

(i) during the initial or e"tended period of his probation& Provided that, here such civil servant is appointed b# promotionon probation or, as the case ma# be, is transferred from the one

/////////////////////////////////////

1' Ae section 9.+ inserted b# !indh 2rdinance A2' %6 of CC nd Fanaur#, CC'

1[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 he shall be reverted to his former

[service] cadre or post, as the

case ma# be$

(ii) on the e"pir# of the initial or e"tended period of his emplo#ment$ or,

(iii) %f the appointment is made adhoc terminable on the appointment of a


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person on the recommendation of selection authorit#, on the appointment of suchperson'

() =here, on the abolition of a post or reduction in the number of posts in a cadre on3

[service the services of a civil servant are re0uired to be terminated, the person

hose services are terminated shall ordinaril# be the one ho is the most -unior in

such cadre or[service]'

(3) Aotithstanding the provisions of sub.section (1), but sub-ect to theprovisions of sub.section (), the service of a civil servant in temporar# emplo#ment or appointed +dhoc shall be liable to termination on four. teen da#s notice or pa# in lieuthereof'

1' + civil servant appointed to a higher post;

[EEEE] adhoc or on temporar# or

officiating basis shall' be liable to reversion to his loer post

;

[EEEEEE] ithout notice

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1' !ubstituted for /grade/ b# !indh 2rdnance Ao'


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is made ith the prior approval of the authorit# ne"t above the appointingauthorit#'

Provided that, here the appointing authorit# is 4overnment, such re.emplo#mentma# be ordered ith the approval of 4overnment'

() !ub-ect to the provision of sub.section (1) of section 3 of the ".4overnment!ervants (mplo#ment ith oreign 4overnments) (Prohibition) +ct, 19@@ (


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///////////////////////////////////1' *he ords /or grade/ omitted b# !indh 2rd' Ao'


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relating to the terms and conditions of his service is provided to a civil servant under an# rulesapplicable to him, such appeal or application shall e"cept as ma# be otherise prescribed, bemade ithin thirt# da#s of the date of such order'

() =here no provision for appeal or revie e"ists under the rules in respect of an#

order or class or orders, a civil servant aggrieved b# an# such order ma#, ithinthirt# da#s of the communication to hiu1 of such order, make a representation against it to theauthorit# ne"t above the authorit# hich 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 [EEEE]'

3' (+) please see slip no'3

3' (+)' In#'.n"0 no suit, prosecution or other legol proceeding shall lie against a civilservant for an#thing done in his official capacit# hich is in good faith done or intendedto be done under this +ct or the rules, instructions or directions made or issued'

(G) 42"*#"c"n 5'# save as provided under this +ct and the !indh service *ribunals +ct, 1973, or the rules made thereunder, no order made or proceedings taken under this +ct, or the rules made thereunder b# the 4overnor or an# officer authoried b# him shall becalled in 0uestion in an# ?ourt and no in-unction shall be granted b# an# ?ourt in respect of an decision made, or proceedings taken in pursuance of an# poer conferred b#, or under,this +ct or the rules made thereunder

/////////////////////////1' !ubstituted b# !indh 2rd' Ao'


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appear to be necessar# or e"pedient for carr#ing out the purpose of this +ct'

() +n# rules, orders or instructions in respect of an# terms and conditions of service of civilservants dul# made or issued b# an authorit# competent to make them and in forceimmediatel# before the commencement of this +ct shall, in so far as such rules, orders or

instructions are not inconsistent ith the provisions of this +ct, be deemed to be rulesmade under this +ct'

CHAPTER V- REPEAL

7' *he !indh ?ivil !ervants 2rdinance, 1973 is hereb#, repealed'

Documents

Sindh Civil Servants Act, 1973.doc