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THE PUNJAB CIVIL SERVANTS

(APPOINTMENT AND CONDITIONS OF SERVICE)

RULES, 1974 

28th August, 1974

 

ln exercise of the powers conferred by section 23 of the Punjab Civil Servants Act, 1974, the Government of the Punjab is pleased to make the following rules, namely :–

 

PART I

GENERAL

 

1.       These rules may be called the Civil Servants (Appointment and Conditions of Service) Rules, 1974.

 

(2)      They shall come into force at once.

 

(3)      They shall apply to all civil servants.

          2.    Definitions. In these rules, unless the context otherwise requires the following expressions shall have the meanings hereby respectively assigned to them, that is to say :

 

(a)  “All Pakistan Unified Grades” has the same meaning as in All Pakistan Services (Change in Nomenclature) Rules, 1973;

 

(b)  “Appointing Authority,” in relation to a post means the person authorised under rule ft to make appointment to the post;

 

(c)  “Autonomous or semi-autonomous organization” means an organization set up under a law by a Government as a unit separate from the formal departmental organization;

 

(d)  “Board” means a Selection Board and includes a Provincial Selection Board;

 

(e)  “Commission” means the Punjab Public Service Commission;

 

(f)   “Committee” means a Departmental Promotion Committee, a Departmental Selection Committee or a Recruitment Advisory Committee;

 

(g)  “Department” has the same meaning as in the Punjab Government Rules of Business, 1974;

 

(h)  “Functional Unit” means a group of posts or a part of such group sanctioned as a separate unit in or under a Department;

 

(i)   “Grade” has the same meaning as in the Punjab Civil Servants (Changes in Nomenclature of Services and Abolition of Classes) Rules, 1974, and

 

(j)    “Post” means a post in connection with the affairs of the Province,

 

(2)      Words and expressions used but not defined shall hear the same meanings as they hear in the Punjab Civil Servants Act, 1974.

 

     3.   (1) Appointment to posts shall he made by Promotion, transfer or initial recruitment, as may he prescribed by the Government in relation to the posts in grade from time to time.

 

(2)          Appointments by promotion or transfer shall he made in accordance with Part II and by initial recruitment in accordance with the Part III of these rules.

 

(3)         The appointment shall he made from among such persons possessing such qualifications and fulfilling such other conditions as may he prescribed by the Government from time to time.

 

    4. (1)      In each Department or Office of the Government, there shall he one or more Departmental Promotion Committees and Departmental Selection Committees. [Provided that there shall he one Recruitment Advisory Committee at district level for all departments].

 

(2)          There shall he Provincial Selection Board and such other Selection Board as may he considered by Government from time to time.

 

(3)          Each such Committee or Board shall consist of at least three members one of whom shall he appointed as Chairman: [Provided that the Recruitment Advisory Committee shall he constituted as may he notified by the Government from time to time.

 

(4)          The composition of such Committees and Boards and the procedure to he observed by such Committees and Boards shall he determined by Government.

 

(5)          The appointment authority or its representative shall he ex-officio member of the Board making selection.

 

(6)          A departmental Promotion Committee shall make selection for appointment by promotion or transfer to posts in or under a Department or Office for which it is constituted in Grade-17 and below.

 

(7)          A Departmental Selection Committee shall make selection for appointment by initial recruitment to posts in or under a Department or office for which it is constituted in Grade-15 and below. [Recruitment Advisory Committee shall make recommendations for appointment by initial recruitment so all posts in BS-1 to BS-6 in the district cadres of all departments. Recommendations of the Recruitment Advisory Committee shall be of advisory nature and the respective appointing authorities may issue appointment orders as per recommendations of these committees].

 

(8)         The Provincial Selection Board shall make selection for appointment

(i)       By promotion and transfer to posts in Grade IS and above; and

(ii)      By initial recruitment to such posts in Grade 16 and above as may he specified to he tilled without reference to the Commission under rule 5 of the Punjab Public Service Commission (Functions) Rules, 1978.” and

 

(9)      The Government, in relation to various posts for which a Committee and a Board have concurrent Jurisdiction, shall, by general or special order, specify the post for which selection will he made by a Committee or . Board.

 

5.       Where an appointing authority other than the Chief Minister does not accept the recommendation of a Committee or a Board, it shall record reasons thereof” and obtain orders of next higher authority and art accordingly.

 

6.       Notwithstanding anything to the contrary contained in any service Rules, the Authorities competent to make appointment to various posts shall be as follows:-

 

Posts Appointing Authority

 

(i)               BPS 19 and above        Chief Minister.

(ii)              BPS 18               Chief Minister for posts included in Schedule IV of Punjab Government Rules of Business. 1974 and the Administrative Secretaries concerned in other cases.

(iii)             BPS 16 and 17          Administrative Secretaries concerned.

(iv)             BPS 1-15                 Respective authorities exercising, such powers immediately before The commencement of these rules or such authorities as may hereafter he empowered.

 

7.     (1)      A person appointed to a post in a grade against a substantive vacancy shall remain on probation for a period of two years, if appointed by initial recruitment, and for a period of one year, if appointed otherwise ; provided that the appointing authority may extend the period of probation by a further period not exceeding two years in all.

 

Explanation.- Officiating service and service spent on depuration to a corresponding or a higher post may he allowed to count towards the period of probation.

 

(2)      No person shall he confirmed in a post unless he has successfully completed such training and passed such Departmental Examination as may be prescribed.

 

(3)      If no orders have been made by the day following the completion of the initial probationary period, the period of probation shall he deemed to have been extended.

 

(4)      Subject to the provisions of sub-rule (2) above, if no orders have been made by the day on which the maximum period of probation expires, the probation shall he deemed to have been confirmed in his appointment from the date on which the period of probation was last extended, or may he deemed to have been so extended.

 

(5)      A probationer, who has satisfactorily completed his period of probation against a substantive vacancy, shall he confirmed with effect from the date of his continuous appointment in such a vacancy : Provided that where the period of his probation has been extended under the provisions of sub-rule (1) of this rule, the date of confirmation shall, subject to the other provisions of this rule. he the date on which the period of his probation was last extended.

 

    8.       The seniority inter se of persons appointed to posts in the same grade in a Functional Unit shall he determined :

 

(1)  (a) In the case of person appointed by initial recruitment, in accordance with the order of merit, assigned by the selection authority provided that persons selected for appointment to the grade in an earlier selection shall rank senior to the persons selected in a later selection and (b) in the case of persons appointed otherwise, with reference to the dates of their continuous appointment in the grade : provided that if the date of continuous appointment in the case of two or more persons appointed to the grade is the same, the older if not junior to the younger in the next below grade, shall rank senior to the younger person.

 

Explanation I.-If a person junior in a lower grade is promoted to higher grade on ad hoc basis, in the public interest, even though continuing later permanently in the higher grade, it would not adversely affect the interest of his seniors in the fixation of his seniority in the higher grade.

 

Explanation II.-If a person junior in a lower grade is promoted to higher grade by superseding his senior and subsequently the latter is also promoted, the promoted, first shall rank senior to the one promoted subsequently.

 

Explanation III.- (1)     Subject to the provisions of rule 14 of these Rules, a junior appointed to a higher grade shall he deemed to have superseded his senior only if both the junior and the senior were considered for the higher grade and the junior was appointed in preference to the senior.

(2)  The seniority, of the persons appointed by initial recruitment to the grade vis-a-vis those appointed otherwise shall he determined with reference to the date of continuous appointment to the grade; provided that if two dates are the same, the person appointed otherwise shall r ink senior to the person appointed by initial recruitment ; provided further that inter se seniority of persons belonging to same category will not he altered.

 

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