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ACT NO. IV OF 2021

SENATE SECRETARIAT SERVICES (AMENDMENT) ACT, 2021

An Act to amend the Senate Secretariat Services Act 2017

[Gazette of Pakistan, Extraordinary, Part-I, 15th April, 2021]

No. F. 23(13)/2021-Legis., dated 13.4.2021.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 9th April, 2021 is hereby published for general information:-

WHEREAS it is expedient to amend the Senate Secretariat Services Act, 1017 (XXII of 2017) for the purposes hereinafter appearing;

It is hereby enacted as follows:-

1. Short title and commencement.–(1) This Act may be called the Senate Secretariat Services (Amendment) Act, 2021.

(2) It shall come into force at once.

2. Amendment of Section 2, Act XXII of 2017.–In the Senate Secretariat Services Act, 2017 (XXII of 2017), hereinafter referred to as the said Act, in Section 2, in sub-section (1),–

(i)       clause (a), shall be omitted; and

(ii)      for clause (f), the following shall be substituted, namely:–

”(f)     “employee” means a person appointed in the Secretariat, who shall have the status of a civil servant, but does not include–

(i)       a person who is on deputation to the Secretariat; or

(ii)      a person who is employed on contract;”.

3. Amendment of Section 4, Act XXII of 2017.–In the said Act, in Section 4,–

(i)       in sub-section (1),–

(a)      in clause (a), after the semi-colon”;”, the word “or” shall be added;

(b)      clauses (b) and (d), shall be omitted; and

(c)      in clause (c), for the semi-colon and the word “; or”, occurring at the end, a full stop shall be substituted;

(ii)      after sub-section (1), amended as aforesaid, the following new sub­sections shall be inserted. namely:-

“(1A) The direct recruitment to a post in BPS-17 shall be made through the Federal Public Service Commission and to a post in BPS-16 and below through the procedure as prescribed by the rules.

          (1B) There shall be no direct recruitment to a post in BPS-18 and above:

                   Provided that in such cases where no officer of the Secretariat qualifies to hold the post for the time being and the circumstances render it necessary, appointment to a post in BPS-18 and above may be made on contract with the approval of the Senate Finance Committee, through advertisement and recruitment process by the Secretariat, up-till a period of three years, which shall not be extended or regularized.

          (1C) Notwithstanding the provisions of sub-section (1A), appointment on contract may be made in the interest of the Secretariat in BPS-04 and below, as prescribed by the rules:

                   Provided that staff allowed by the Senate Finance Committee in its meeting held on the 17th February, 2012 vide Item No. 4 (iii) may also be appointed on contract, irrespective of the grade:

                   Provided further that services of an employee appointed on contract in any grade shall not be regularized, extended beyond three years or transferred to any other post in the Secretariat.

          (1D) There shall be appointment on ad hoc basis.

          (1E) The length of service for appointment by promotion shall not be condoned.

          (1F) There shall be no placements based on seniority or length of service.”;

(iii)     in sub-section (2), for the full stop occurring at the end a colon shall be substituted and the thereafter following proviso shall be added, namely:-

                   “Provided that highest post for specialized parliamentary groups shall be Senior Director General (BPS-21).”; and

(iv)     sub-section (3) shall, be omitted.

4. Substitution of Section 5, Act XXII of 2017.–In the said Act, for Section 5, the following shall be substituted, namely:–

5. Appointment on deputation.--(1) Appointment on deputation to a post shall be made in the interest of the Secretariat.

(2) The competent authority may appoint on deputation a person to a post in the general parliamentary group from an occupational group or provincial executive services and to a post in the specialized parliamentary group from any service of Pakistan.

(3) The terms and conditions of service of a person appointed to the Secretariat on deputation shall be such as may be prescribed by the rules.

(4) Services of an employee appointed to a post on deputation shall not be absorbed in the Secretariat/services.”

5. Amendment of Section 6, Act XXII of 2017.–In the said Act, in Section 6,–

(i)       in sub-section (1), the words and commas”, not being an ad hoc appointment,” shall be omitted;

(ii)      in sub-section (2), the words “or transfer” shall be omitted; and

(iii)     in sub-section (4), in clause (c), the words “or transfer” and “or transferred” shall be omitted.

6. Substitution of Section 9, Act XXII of 2017.–In the said Act, for Section 9, the following shall be substituted, namely:-

9. Posting and transfer.–(1) Every employee shall be liable to serve anywhere within Pakistan, or on deputation in the Federal or Provincial Government or abroad or in an international organization at the national or international level, in any equivalent or higher post subject to approval of the competent authority:

          Provided that terms and conditions of any such posting shall not be less favourable to the employee posted under this section.

(2) An officer belonging to the general parliamentary group (Secretariat service of the Secretariat services) serving on deputation in the Federal or Provincial Government or abroad shall be as if he is an officer of the secretariat group of the Federal Government.”.

 

7. Amendment of Section 10, Act XXII of 2017.–In the said Act, in Section 10, in sub-section (1),–

(i)       in clause (a), for the existing proviso the following shall be substituted, namely:-

                   “Provided that where such employee is appointed by promotion on probation, his services shall not be so terminated so long as he holds a lien against his former post but he shall be reverted to his former post.”;

(ii)      in clause (b), after the word “his”, the word “contract” shall be inserted and for the semi colon and the word “; and”, occurring at the end a full stop shall be substituted; and

(iii)     clause (c) shall be omitted.

8. Amendment of Section 11, Act XXII of 2017.–In the said Act, in Section 11,–

(i)       in sub-section (1), the words and comma “ad hoc,” shall be omitted; and

(ii)      in sub-section (3), in the proviso, in clause (b), the words “or working on ad hoc basis” shall be omitted.

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