PUNJAB REGULARIZATION OF SERVICE ACT 2018
[30 April 2018]
Act to provide for appointment on regular basis.
It is necessary in public
interest to provide for the appointment on regular basis of certain
employees presently serving on contract; and, for matters connected
Be it enacted by Provincial
Assembly of the Punjab as follows:
1. Short title,
extent, application and commencement.–
(1) This Act may be cited as the Punjab Regularization of Service Act 2018.
(2) It extends to
whole of Province of the Punjab.
It shall apply to all the persons employed on contract in a department, who
have completed three years continuous service before or after the
commencement of the Act.]
(4) It shall come into
force at once.
In this Act, unless the context otherwise requires–
(a) “Act” means the
Punjab Regularization of Service Act 2018.
means Punjab Public Service Commission.
employee” means an eligible person appointed on contract in a department
immediately before the commencement of the Act but does not include a person
appointed to a post in a project, programme,
project management unit, project management office, time bound (one-time)
development activity or as work-charged employee or an employee on daily
means the department as defined in the Punjab Government Rules of Business
2011 and includes an attached department or a special institution;
means Government of the Punjab;
means the appointment of an eligible contract employee on regular basis,
with immediate effect, in accordance with the Act; and
(g) “special pay
package” means a special pay package, otherwise than the basic pay scales
and includes Management Position Scales.
3. Regularization, etc.–
(1) Notwithstanding the mode or manner of appointment, or any deficiency or
defect in the procedure or anything contained in the Punjab Civil Servants
Act 1974 (VIII of 1974), the rules framed thereunder or any
recruitment policies, any person appointed on contract, immediately before
the commencement of the Act, shall be deemed to have been validly appointed
and such appointment shall not be called in question.
The expression ‘appointed’ includes the extension, from time to time, of the
term of the contract.
Notwithstanding anything contained in the Act, the contract employees
who have continuously been serving as such for a period not less than three
years shall be eligible to be considered for appointment on regular basis
(a) a regular vacancy
allocated for initial recruitment is available for regularization;
(b) he is qualified for
(c) he has not been
appointed on a special pay package;
(d) his performance
during the period of contract has remained satisfactory; and
(e) he does not opt to
continue as contract employee.]
4. Procedure for
(1) The case of a contract employee appointed on the recommendations of the
Commission shall be submitted to the appointing authority for regularization
without reference to the Commission or the Scrutiny Committee.
(2) If the post falls
within the purview of the Commission but the contract employee was appointed
otherwise than on the recommendations of the Commission, the case shall be
referred to the Commission for recommendations[:]
that notwithstanding anything contained in this subsection and subject to
section 3 of the Act, the Chief Minister may, in relaxation of the
provisions of the relevant rules, in the public interest, specify posts and
regularize the services of the contract employees, without reference the
case to the Commission.]
(3) If the post is outside
the purview of the Commission, the case of a contract employee shall be
placed before the Scrutiny Committee constituted under the Act for
(1) The appointing authority shall constitute
one or more Scrutiny Committees for purposes of the Act.
(2) A Scrutiny Committee
shall scrutinize the academic record and other relevant documents of the
contract employee and verify that the contract employee is eligible and
qualified for regularization.
(3) The Scrutiny Committee
shall forward its recommendations to the appointing authority.
Appointments.– (1) Subject to the Act and
the fulfilment of the conditions for regularization, the appointing
(a) in a case covered
under subsection (1) of section 4 of the Act regularize the service of the
contract employee with immediate effect; and
(b) in a case covered
under subsection (2) or subsection (3) of section
4 of the Act, regularize the service of the contract employee if so
recommended by the Commission or, as the case may be, the Scrutiny Committee
with immediate effect.
(2) The service rendered by a contract employee shall
not be counted for pensionary benefits or for any other purpose whatsoever.
7. Termination of
Notwithstanding anything contained in any law or the terms and conditions of
the contract, the contract of a contract employee, who is not recommended
for regularization by the Commission or, as the case may be, the Scrutiny
Committee, shall be terminated forthwith.
8. Determination of
(1) A contract employee, who is regularized, shall be placed at the bottom
of the seniority list of the respective cadre and shall rank junior to the
other civil servants.
(2) The inter se
seniority of the contract employees, on regularization, shall be determined
on the basis of their continuous service on contract and if the date of such
continuous service of two or more contact employees is the same, the
employee older in age shall rank senior to the younger.
A contract employee, on regularization, shall be allowed the initial stage
of the respective pay scale and the increments earned by him during the
contract appointment shall be converted into personal allowance but no other
privilege allowed to a contract employee shall be admissible.
10. Option for
A contract employee who does not wish to be regularized shall furnish his
option to the appointing authority within sixty days from the commencement
of the Act; otherwise, he shall be deemed to have opted for regularization.
A contract employee, regularized under the Act, shall cease to be governed
by the Contract Appointment Policy 2004 and the terms and conditions of the
contract and shall be regulated under the Punjab Civil Servants Act, 1974
and the rules framed thereunder.
12. Appeal or
(1) Subject to subsection (2), a contract employee who is aggrieved by the
final order of the appointing authority under the Act may, except where the
order has been made by the Chief Minister, within thirty days from the date
of communication of the order, prefer an appeal through the concerned
department to the Appellate Committee constituted by the Chief Minister by
notification in the official Gazette.
(2) Where the final
order has been passed by the Chief Minister, the aggrieved contract employee
may, within the period mentioned in subsection (1), submit a review petition
through the concerned department to the Chief Minister.
(3) The decision taken
under subsection (1) or, as the case may be, subsection (2) shall be
The Government may make rules for carrying out the purposes of the Act.
14. Removal of
If any difficulty arises in giving effect to any provision of the Act, the
Chief Minister may, within two years of the commencement of the Act, make
such order not inconsistent with the provisions of the Act, as may appear to
him to be necessary for the purpose of removing such difficulty.
Notwithstanding anything in the Act, Government of the Punjab, Services and
General Administration Department (Regulations Wing) Notification
No.DS(O&M)(S&GAD)5-3/2013, dated 1st March 2013 shall continue to
apply to the employees mentioned therein.