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ORDINANCE NO. VI OF 2011

CAREER STRUCTURE FOR HEALTH PERSONNEL SCHEME ORDINANCE, 2011

An Ordinance to regulate the appointment to and the terms and conditions of service of health personnel, serving in the Federal health institutions and related organizations under the Federal Government in Pakistan

[Gazette of Pakistan, Extraordinary, Part-I, 27th August, 2011]

No. F. 2(1)/2011-Pub.—The following Ordinance promulgated by the President is hereby published for general information :—

WHEREAS it is expedient to regulate by law, the appointment to and the terms and conditions of service of health personnel serving in the Federal health institutions and related organizations under the Federal Government and to provide for matters connected therewith or ancillary thereto;

AND WHEREAS the Senate and National Assembly are not in session and the President is satisfied that circumstances exist which render it necessary to take immediate action;

Now, THEREFORE, in exercise of the powers conferred by clause (1) of Article 89 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to make and promulgate the following Ordinance:—

1.         Short title, application and commencement.—(1) This Ordinance may be called the Career Structure for Health Personnel Scheme Ordinance, 2011.

(2)        It applies to all health personnel serving in the Federal health institutions and related organizations under the Federal Government.

(3)        It shall come into force at once and shall be deemed to have taken effect on the 1st day of July, 2011.

2.         Definitions. In this Ordinance, unless there is anything repugnant in the subject or context,—

(a)        "adhoc 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)        "health personnel" means a person who holds a post in any institute or organization delivering services in the health sector and included in Schedule-I, but does not include,—

            (i)         a person who is on deputation to the Federal Government 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;

(c)        "initial appointment" means appointment made otherwise than by promotion or transfer;

(d)        "pay" means the amount drawn monthly by a health personnel as pay and includes technical pay, special pay, personal pay and any 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 Ordinance;

(h)        "scheme" means the Career Structure for Health Personnel Scheme;

(i)         "schedule" means a Schedule annexed to this Ordinance;

(j)         "selection authority" means the departmental selection board, departmental selection committee or other authority or body on the recommendation of or in consultation with which any appointment or promotion is made in the prescribed manner; and

(k)        "temporary post" means a post other than a permanent post.

3.         Career Structure for Health Personnel Scheme.—(1) There is hereby constituted a Scheme to be called Career Structure for Health Personnel Scheme for governing the appointment, terms and conditions and other related matters of the health personnel.

(2)  All the existing health personnel shall, on exercise of option under Section 6, come under the ambit of the Scheme.

4.         Objective of the Scheme.—Career growth of health professionals shall be linked with enhancement in the professional education and skills through trainings, continuing education, higher qualifications, professional experience, research papers and performance, as per prescribed criteria, laid down by the relevant regulatory bodies from time to time, where applicable.

5.         Appointment, promotion etc., of the health personnel.—The appointment, probation, confirmation, seniority, promotion, posting and transfer, disciplinary proceedings, retirement, conduct, efficiency and discipline, retirement, pension and appeal or representation and other related matters shall be governed by the rules prescribed under this Ordinance.

6.         Terms and conditions of the service of health personnel.—(1) The Basic Pay Scales Scheme (BPS-1 to 22) currently applicable to the health personnel shall be replaced by the Health Personnel Pay Scales (HPS 1 to 13), as specified in Schedule-II for all the health personnel including doctors (medical and dental), allied specialists, pharmacists, nurses, paramedics and support services personnel, serving in the Federal health institutions and related organizations under the Federal Government.

(2)        Entry in the Scheme shall be optional for the existing employees. However, all fresh appointments shall be made under the Scheme.

(3)        Notwithstanding anything contained in any contract or agreement or in the conditions of service,—

(a)        every health personnel serving under the Federal Government immediately before the commencement of this Ordinance shall be required to exercise an irrevocable option either to continue in the present pay and service structure or to opt for Scheme, within a period of thirty days from the date of promulgation of this Ordinance;

(b)        all health personnel opting to be included in the Scheme shall be governed by this Ordinance and the terms and conditions prescribed; and

(c)        no health personnel who opts to be governed under the Scheme shall be entitled to any compensation because of such transfer.

7.         Fixation of pay of the existing employees.—The basic pay of health personnel in service on the 1st July, 2011 who opt for the Scheme, shall be fixed within ninety days of these notifications, under the Health Personnel Pay Scales as specified in Schedule-II.

8.         Status of the existing perks and privileges.—(1) The health personnel under the Scheme shall be entitled to such perks and privileges as may be prescribed by the Federal Government. The monetary benefits of all the health personnel under the Scheme including pay, pension, perks and privileges, shall not be less favorable than those admissible to them before the commencement of Scheme.

(2)  The health personnel opting to remain in existing structure (BPS) shall continue to remain entitled to all the facilities, perks and privileges currently admissible under the existing laws, orders and instructions, as on the 30th June, 2011.

9.         Stipend for post graduate trainee doctors, non practicing allowance and health allowance etc. (1) The stipend for post graduate trainee doctors (medical and dental) shall be such as specified in Schedule-III.

(2)  Non-practicing allowances (NPA) and health allowance (HA) shall be such as may be specified in Schedule-IV.

10.       Appointment under the Scheme.—(1) All initial appointments in the Scheme and the cases for promotion and transfers etc., shall be processed in accordance with the prescribed procedure.

(2)  For the purposes of this Ordinance, 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.

11.       Regular and special allowances.—The health personnel opting for the Scheme shall cease to be entitled to existing regular, special relief or other allowances. However, they will be entitled to additional allowances, which the Federal Government may grant from time to time.

12.       Performance evaluation system.—The present performance evaluation system shall not be applicable to health professionals opting for the Scheme. A new performance evaluation system for the health personnel with quantifiable targets, keeping in view their job contents, shall be prescribed by the Federal Government, as recommended by the Pay and Pension Commission, 2009.

13.       Pay scales.—Placement plan in the HPS scale for all the existing categories of employees serving in different health institutions and related organizations under the Federal Government, shall be as specified in Schedule-I.

14.       Indemnity.—No suit, prosecution or other legal proceedings shall lie against health personnel for anything done in his official capacity which is in good faith done or intended to be done under this Ordinance or the rules, instructions or directions made or issued there under.

15.       Public servants.—The health personnel shall be deemed to be public servants within the meaning of Section 21 of the Pakistan Penal Code, 1860 (Act XLV of 1860).

16.       Rules.—(1) The President or any person authorized by the President in this behalf may make rules as appear to him to be necessary or expedient for carrying out the purposes of this Ordinance.

(2)  Any rules, orders or instructions in respect of any terms and conditions of service or other matters of health personnel duly made or issued by an authority competent to make them and in force immediately before the commencement of this Ordinance shall, insofar as such rules, orders or instructions are not inconsistent with the provisions of this Ordinance, be deemed to be rules made under this Ordinance.

17.       Amendment of Schedule.—The Federal Government may, by notification in the official Gazette amend the Schedule.

18.       Removal of difficulties.—If any difficulty arises in giving effect to any of the provisions of this Ordinance, the President may make such order, not inconsistent with the provisions of this Ordinance, as may appear to him to be necessary for the purposes of removing difficulty.

19.       Savings.—Nothing in this Ordinance or in any rule shall be construed to limit or abridge the power of the President to deal with the case of any health personnel in such manner as may appear to him to be just and equitable:

Provided that, where this Ordinance or any rule is applicable to the case of health personnel, the case shall not be dealt with in any manner less favourable to him than that provided by this Ordinance or such rule.

See the Schedules on Gazette of Pakistan at pages 421 to 428.