CIVIL SERVANTS ACT, 1973
Short title, application and commencement
CHAPTER II.-TERMS AND CONDITIONS OF SERVICE OF CIVIL SERVANTS
Terms and conditions
Tenure of office of civil servants
Posting and transfer
Termination of service
Reversion to a lower post
Certain persons to be liable to removal, etc
Retirement from service
Employment after retirement
Efficiency and discipline
Pension and Gratuity
Benevolent Fund and Group Insurance
Right of appeal or representation
Removal of difficulties
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,
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.
TERMS AND CONDITIONS OF
SERVICE OF CIVIL SERVANTS
3. Terms and conditions.-The terms and conditions of service of a civil servant shall be as provided in this Act and the rules.
4. Tenure of office of civil servants.-Every civil servant shall hold office during the pleasure of the President.
5. 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.
6. 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 satisfactorily until his character and antecedents have been verified as satisfactory in the opinion of the appointing authority.
7. Confirmation.-(1) A person appointed on probation shall, on satisfactory completion of his probation, be eligible for confirmation in a service or, as the case may be, a post as may be prescribed.
(2) A civil servant promoted to a post on regular basis shall be eligible for confirmation after rendering satisfactory service for the period prescribed for confirmation therein.
(3) There shall be no confirmation against any temporary post.
(4) A civil servant who, during the period of his service, was eligible to be confirmed in any service or” against any post retires from service before being confirmed shall not, merely by reason of such retirement, be refused confirmation in such service or post or any benefits accruing therefrom.
(5) Confirmation of a civil servant in a service or post shall take effect from the date of occurrence of permanent vacancy in that service or post or from the date of continuous officiation, in such service or post, whichever is later.
8. Seniority.-(1) For proper administration of a service, cadre or [post] the appointing authority shall cause a seniority list of the members for the time being of such service, cadre or [post] to be prepared, but nothing herein contained shall be construed to confer any vested right to a particular seniority in such service, cadre or [post], as the case may be.
(2) Subject to the provisions of sub-section (1), the seniority of a civil servant shall be reckoned in relation to other civil servants belonging to the same [service or cadre] whether serving in the same department or office or not, as may be prescribed.
(3) Seniority on initial appointment to a service, cadre or post shall be determined as may be prescribed.
(4) Seniority in [a post, service or cadre] to which a civil servant is promoted shall take effect from the date of regular appointment to that post:
Provided that civil servants who are selected for promotion to a higher [post] in one batch shall, on their promotion to the higher [post]. retain their inter se seniority as in the lower [post].
9. Promotion.-(1) A civil servant possessing such minimum qualifications as may be prescribed shall be eligible for promotion to a [higher] post for the time being reserved under the rules for departmental promotion in the service or cadre to which he belongs.
(2) A post referred to in sub-section (1) may either be a selection post or a non selection post to which promotions shall be made as may be prescribed-
(i) In the case of a selection post, on the basis of selection on merit; and
(ii) In the case of a non-selection post, on the basis of seniority-cum-fitness.
10. Posting and transfer.-Every civil servant shall be liable to serve any where within or outside Pakistan, in any post under the Federal Government, or any Provincial Government or local authority, or a corporation or body set up or established by any such Government:
Provided that nothing contained in this section shall apply to a civil servant recruited specifically to serve in a particular area or region :
Provided further that, where a civil servant is required to serve in a post outside his service or cadre, his terms and conditions of service as to his pay shall not be less favourable than those to which he would have been entitled if he had not been so required to serve.
11. Termination of service.-(1) The service of a civil servant may be terminated without notice-
(i) During the initial or extended period of his probation :