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Civil Servants (Appointment, Promotion and Transfer) Rules, 1973

In exercise of the powers conferred by section 25 of the Civil Servants Act, 1973 (LXXI of 1973), the President is pleased to make the following rules, namely:­

Part I -GENERAL

1. These rules may be called the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973.

2.         In these rules, unless there is anything repugnant in the subject or context,­

(a)        “appointing authority”, in relation to a post means the person authorized under rule 6 to make appointment to that post;

(b)        “Selection Board” means a Board constituted by the Federal Government for the purpose of selection for promotion or transfer to posts in basic pay scales 19 to 21 and equivalent, consisting of such persons as maybe appointed by Government from time to time.

(c)        “Commission” means the Federal Public Service Commission;

(d)       “Departmental Promotion Committee” means a Committee constituted for the purpose of making selection for promotion or transfer to posts under a Ministry, Division, Department or Office of the Federal Government in basic pay scales 18 and below and equivalent; and

(e)        “Departmental Selection Committee”, means a Committee constituted for the purpose of making selection for initial appointment to posts under a Ministry, Division, Department or Office of the Federal Government in basic pay scales 1 and above other than appointments which fall within the purview of the Federal Public Service Commission under rule 3 of the Federal Public Service Commission (Functions) Rules, 1978;

(f)        [ Omitted]

 

3. (1) Appointments to posts shall be made by any of the following methods, namely:­

(a)        1[by promotion [….] in accordance with Part II of these rules;

(b)        by transfer in accordance with Part II of these rules; and

(c)        by initial appointment in accordance with Part III of these rules.]

 

1 Substituted vide SRO 742(I)/02, dt. 28.10.02.

(2) The method of appointment and the qualifications and other conditions applicable to a post shall be as laid down by the Ministry or Division concerned in consultation with the Establishment Division.

(3) Notwithstanding anything contained in sub-rule (1) or the method of appointment laid down in the recruitment rules, a person who is rendered surplus as a result of the reorganiztion or abolition of a Division, Department, Office or permanent post in pursuance of any Government decision or as a measure of economy may be appointed to a post in the basic pay scale to which he belonged, if he possesses the qualifications, and fulfills other conditions, applicable to that post.

(4)        Where a person referred to in sub-rule (3),­

(i)         possesses educational qualifications which are considered interchangeable with, or equivalent to the qualification prescribed in the relevant recruitment rules; or

(ii)        fulfills the prescribed qualifications and the conditions for initial appointment to the post in relevant rules except the condition relating to prescribed experience.

 

the appointing authority may, for reasons to be recorded in writing, relax the requirement of educational qualifications or ,as the case may be, the prescribed experience.

4. (1) In each Ministry, Division, Department or Office of the Federal Government, there shall be one or more Departmental Promotion Committees, and Departmental Selection Committees, the composition of which shall be determined by the Ministry or Division concerned in consultation with the Establishment Division.

(2) Each such Committee shall consist of at least three members one of whom shall be appointed Chairman.

5. Where an appointing authority for [posts in basic pay scales 15 and below and equivalent] does not accept the recommendation of a Departmental Selection or Departmental

Promotion Committee, it shall record reasons therefor and obtain orders of the next higher authority.

6.(1) The appointing authority specified in column (3) of the table below shall be competent to make appointment to the various posts in the basic pay scales specified in column (2) of that table.

Sl. No.

Basic pay scale of posts.

Appointing Authority

(1)

(2)

(3)

(1)

Posts in basic pay scales-20 and above or equivalent.

2[Prime Minister]

(2)

Posts in basic pay scales-17 to 19 or equivalent.

Secretary of the Ministry or Division concerned.

(3)

Posts in basic pay scale-16  or equivalent.

An officer notified by the Secretary of the Ministry or Division concerned.

(4)

Posts in basic pay scales 3 to 15 or equivalent.

An officer notified by the Secretary of the Ministry or Division concerned.

(5)

Posts in basic pay scales 1 and 2 or equivalent.

An officer notified by the Secretary of the Ministry or Division concerned.

 

3[“Provided that appointment to posts in Basic Pay Scales 20 and above or equivalent in the President’s Secretariat shall be made by the President.”.

“(2) Notwithstanding anything contained in sub-rule (1), the Appointing Authority specified in column (4) of the table below shall be competent to make appointments to the posts specified in column (3) of that table in the department specified in column

(2) thereof.

TABLE

S.No.

Name of Department

Basic Pay Scale of posts

Appointing Authority

(1)

(2)

(3)

(4)

1.

Pakistan Audit

(i)

17 to 19 or equivalent

Auditor-General of Pakistan

 

Department and Officers of Inter ­

(ii)

16 or equivalent

An officer notified by the

 

Departmental Cadre of Accounts Group.

(iii)

3 to 15 or equivalent

Auditor-General of Pakistan An officer notified by the

 

 

 

Auditor-General of Pakistan

 

2 Substituted vide SRO 01(I)/03, dt. 1.1.03 3 Added vide SRO 607(I)/02, dt..10.9.02

(iv)                                              1 to 2 or equivalent An officer notified by the Auditor-General of Pakistan.”.

2.                                                                                                  Intelligence Bureau (i) 17-19 or equivalent Director-General, Intelligence Bureau.

(ii)                                               1-16 or equivalent. Officer(s) notified by the Director-General, Intelligence Bureau.

Part II – APPOINTMENTS BY PROMOTION OR TRANSFER

1                    Promotions and transfer to posts in basic pay scales 2 to 18 and equivalent shall be made on the recommendation of the appropriate Departmental Promotion Committee and promotions and transfer to posts in basic pay scales 19 to 21 and equivalent shall be made on the recommendation of the Selection Boards.

2                    Only such persons as possess the qualifications and meet the conditions laid down for the purpose of promotion or transfer to a post shall be considered by the Departmental Promotion Committee or the Central Selection Board, as the case may be.

 

8-A. No promotion on regular basis shall be made to posts in basic pay scales 17 to 22 and equivalent unless the officer concerned has completed such minimum length of service, attended such training and passed such departmental examination, as may be prescribed from time to time.

8-B (1) Where the appointing authority considers it to be in the public interest to fill a post reserved under the rules for departmental promotion and the most senior civil servant belonging to the cadre or service concerned who is otherwise eligible for promotion does not possess the specified length of service the authority may appoint him to that post on acting charge basis.

�                  (2) *[Omitted].

�                  (3) In the case of a post in [basic pay scales 17 to 22 and equivalent], reserved under the rules to be filled by initial appointment, where the appointing authority is satisfied that no suitable officer [drawing pay in basic pay scale] in which the post exists is available in that category to fill the post and it is expedient to fill the post, it may appoint to that post on acting charge basis the most senior officer otherwise eligible for promotion in the organization, cadre or service, as the case may be, in excess of the promotion quota.

�                  (4) Acting charge appointment shall be made against posts which are likely to fall vacant for a period of six  months or more. Against vacancies occurring for less than six months, current charge appointment may be made according to the orders issued from time to time.

�                  (5) Appointment on acting charge basis shall be made on the recommendations of the Departmental Promotion Committee or the Central Selection Board, as the case may be, same in the case of [post in basic pay scale 22 and equivalent].

�                  (6) Acting charge appointment shall not amount to appointment by promotion on regular basis for any purpose including seniority.

�                  (7) Acting charge appointment shall not confer any vested right for regular promotion to the post [ ] held on acting charge basis.

 

9. Appointments by transfer shall be made from amongst the persons holding appointment on a regular basis in [posts in the same basic pay scale or equivalent to or identical with the posts to be filled].

Part III -INITIAL APPOINTMENT

4[10. Initial appointment to the All Pakistan Services, the Civil Services of the Federation and posts in connection with the affairs of the Federation in basic pay scales 16 and above or equivalent, except those which under the Federal Public Service Commission (Functions) Rules, 1978, do not fall within the purview of the Commission, shall be made on the basis of tests and examinations to be conducted by the Commission.

5[11. Initial appointments to posts in basic pay scales 1 to 15 and equivalent shall be made on the recommendations of the Departmental Selection Committee after the vacancies have been advertised in newspapers.

12. A candidate for initial appointment to a post must possess the educational qualifications and experience and, except as provided in the rules framed for the purpose of relaxation of age limit, must be within the age limit as laid down for the post.

Provided that unless otherwise specified in the method of appointment, qualifications and other conditions applicable to a post as laid down under sub rule (2) of rule 3, the experience prescribed for initial appointment shall be the post-qualification experience.

12-A.  Alteration in the date of birth.-The date of birth once recorded at the time of joining government service shall be final and thereafter no alteration in the date of birth of a civil servant shall be permissible.

* Omitted vide SRO 269(I)/2000, dt. 19.5.004 Substituted vide SRO 733(I)/03, dt 28.7.035 Substituted vide SRO 733(I)/03, dt 28.7.03

13.       A candidate for appointment shall be a citizen of Pakistan:

Provided that this requirement may be relaxed with the approval of the Establishment Division.

Provided further that, in the case of candidates to be appointed on temporary basis to posts in the Pakistan Missions abroad, such relaxation shall not be accorded for a period exceeding one year at a time.

14. Vacancies in the under-mentioned posts shall be filled on All-Pakistan basis in accordance with the merit and provincial or regional quotas prescribed by Government from time to time.

�                  (i)         All posts in basic pay scales 16 and above and equivalent.

�                  (ii)        Posts in basic pay scales 3 to 15 and equivalent in offices, which serve the whole of Pakistan6[:

 

“Provided that if no suitable person holding the domicile of the Province or Region to which a vacancy has been earmarked and fulfilling the prescribed qualifications is found even after the vacancy has been advertised twice, the appointing authority may fill up the vacancy on open merit on contract in the following manner, namely:­

�                  (i)         contract appointment shall be made initially for a period of one year, and if the post falls under the purview of the Federal Public Service Commission, the Commission shall be informed about contract appointment;

�                  (ii)        if nomination is not received from the Federal Public Service Commission within one year, contract appointment may in the public interest be extended for another one year; and

 

(iii)      the Federal Public Service Commission shall ensure that the nominations of the qualified candidates are made within a period of two years. If Federal Public Service Commission does not find a suitable candidate, it shall advise the appointing authority, for extension in the contract.”]

1                    Vacancies in posts in basic pay scales 3 to 15 and equivalent in offices which serve only a particular province or region shall be filled by appointment of persons domiciled in the province or region concerned.

2                    Vacancies in posts in basic pay scales 1 and 2 and equivalent shall ordinarily be filled on local basis.

3                    A candidate for appointment must be in good mental and bodily health and free from any physical defect likely to interfere with the discharge of his duties. A candidate who after such medical examination as Government may prescribe is found not to satisfy these requirements, shall not be appointed.

 

6 Inserted vide SRO 784(i)/02, dt.7..11.02

Part-IV.-AD HOC AND TEMPORARY APPOINTMENTS.

1                    When under the Federal Public Service Commission (Functions) Rules, 1978, a post is required to be filled through the Commission, the appointing authority shall forward a requisition to the Commission on a prescribed form immediately. In exceptional cases, ad hoc appointment may, however, be made for a period of six months or less with prior clearance of the Commission as provided in rule 19; and

2                    When the appointing authority considers it to be in public interest to fill a post falling within the purview of Commission urgently pending nomination of a candidate by the Commission, it may proceed to fill it on ad hoc basis for a period of six months or less after obtaining prior clearance of the Commission. The post shall be advertised and the same procedures as laid down for initial appointment in Part III shall be followed in making ad hoc appointments.

3                    Short term vacancies in the posts falling within the purview of the Commission and vacancies occurring as a result of creation of temporary posts for a period not exceeding six months, may be filled by the appointing authority otherwise that through the Commission on a purely temporary basis after advertising the vacancy.

 

Part V -PROBATION

21. (1) Persons appointed by initial appointment, promotion or transfer shall be on probation for a period of one year.

�                  (2) The period of probation may be curtailed for good and sufficient reasons, to be recorded, or, if considered necessary, it may be extended for a period not exceeding one year as may be specified at the time of appointment.

�                  (3) On the successful completion of probation period, the appointing authority shall, by specific order, terminate the probation.

�                  (4) If no order is issued under sub-rule (3), on the expiry of the first year of probation period, the period of probation shall be deemed to have been extended under sub-rule (2):

 

Provided that, subject to the provisions of proviso to sub-section (2) of section 6 of the Civil Servants Act, 1973 in the absence of an order under sub-rule (3), the period of probation shall, on the expiry of the extended period under sub-rule (2), be deemed to have successfully been completed.

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