PROVINCIAL ASSEMBLY OF THE PUNJAB SECRETARIAT SERVICES ACT 2019
[1st March 2019]
An Act to
regulate the recruitment and the conditions of service of persons appointed
in the Provincial Assembly of the Punjab Secretariat.
WHEREAS, it is expedient to
regulate the recruitment and the conditions of service of the persons
appointed in the Provincial Assembly of the Punjab Secretariat, as required
by Article 87(2), read with the Article 127, of the Constitution, and to
provide for matters connected therewith or ancillary thereto;
Be it enacted by Provincial
Assembly of the Punjab as follows:
1. Short title, application and commencement.–
(1) This Act may be cited as the Provincial
Assembly of the Punjab Secretariat Services Act 2019.
(2) It applies to all the
employees in the Provincial Assembly of the Punjab Secretariat wherever they
(3) It shall come into
force at once.
(1) In this Act, unless, the context otherwise require:
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;
authority”, in relation to a post, means the person authorized to make
appointment to a post;
(c) “Basic Pay Scales
(BPS)” means pay scales prescribed by the Provincial Government and adopted
by the Secretariat;
servant” shall have the same meaning as assigned to it in the Punjab Civil
Servants Act, 1974 (Act VIII of 1974);
authority" means the appointing authority;
means the Constitution of the Islamic Republic of Pakistan 1973;
means temporary transfer of the services of an employee from the Secretariat
or transfer to the Secretariat of a person from Federation or any Province
or other authority or
organization controlled by the Government;
means written directions of the Speaker as notified in the official Gazette;
(i) “employee” means
a person appointed in the Secretariat, who shall have the status of a civil
servant subject to such modifications as the Speaker in consultation with
the Finance Committee may make, but does not include-
a person who is on deputation to the Secretariat;
a person who is employed on contract or
work-charge basis or who is paid from contingencies;
Committee” means the Finance Committee of the Provincial Assembly of the
Punjab constituted under Article 88, read with the Article 127, of the
(k) “Government” means
Government of the Punjab;
appointment” means appointment made otherwise than by promotion or transfer;
(m) “pay and
allowances” means the amount drawn monthly by an employee as pay and
includes technical pay, special pay, personal pay, qualification pay,
allowances and emoluments declared as such by the Speaker, the Finance
Committee or the Government, as the case may be, when the same is adopted by
post” means a post sanctioned without limit of time;
means a post sanctioned in the Secretariat;
means prescribed by rules or directions of the Speaker, as the case may be,
notified in the official Gazette from time to time;
means rules made or deemed to have been made under this Act;
means the Provincial Assembly of the Punjab Secretariat;
(s) “Secretary” means
the Secretary of the Secretariat who shall have the status of a Secretary to
the Government and, in case of absence of Secretary, includes any other
person authorized by the Speaker to perform the functions as Acting
Secretary for the time being;
authority” means, a Departmental Selection Committee or other authority or
body on the recommendation of or in consultation with which any initial
recruitment, promotion or transfer, as may be prescribed, is made;
(u) “Speaker” means
the Speaker of the Provincial Assembly of the Punjab; and
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.
(3) All words and
expressions used but not defined in this Act, shall unless the context
otherwise requires, have the meanings assigned to them in the Constitution.
There shall be a separate Secretariat of the Provincial Assembly of the
Punjab headed by the Secretary.
4. Strength and composition of the Secretariat.–
(1) The Secretariat shall have permanent and temporary posts as may, from
time to time, be sanctioned and notified in the official Gazette.
(2) The Speaker may
create, upgrade, re-designate or abolish any post:
Provided that no post in
BPS-17 or above shall be created or upgraded for a period exceeding six
months, except after consultation with the Finance Committee.
(3) The Speaker may by
order direct that his power under sub-section (2), in such circumstances and
under such conditions, if any, as may be specified in the direction, also be
exercisable by the Secretary.
(4) When a post is created
or upgraded or re-designated, permanently or temporarily, or abolished, it
shall be notified in the official Gazette.
TERMS AND CONDITIONS OF
5. Terms and conditions of service.–
(1) The terms and conditions of service of an
employee shall be as provided in this Act and the rules.
(2) The terms and
conditions of service of any person to whom this Act applies, shall not be
varied to his disadvantage.
(3) Subject to this Act
and rules, all other terms and conditions of service, including pay,
allowances, advances, retirement, deputation, pension, gratuity, provident
fund, benevolent fund, group insurance, financial or family assistance
packages including in service death, leave or all other rights, perks,
privileges, prerogatives, concessions, entitlements, memberships,
facilities, including medical, housing, education and all other schemes of
the Government, of an employee, notwithstanding any judgment or order of any
court, tribunal or a quasi-judicial authority, shall be such as governed by
the law, rules, policies, instructions and guidelines for the time being in
force and applicable, admissible or enjoyed or available to the civil
servants of the Punjab Civil Secretariat,
whatsoever their cadre may be, in the corresponding posts or BPS,
subject to such modifications, variations or exceptions as may be made by
the Speaker with concurrence of the Finance Committee:
Provided that, in case of urgency, the Speaker may make such modifications,
variations or exceptions in anticipation of the concurrence of the Finance
(4) The decisions made by
the Speaker or the Finance Committee, as the case may be, shall be final and
binding upon the Finance Department as well as the Accountant General
(5) All orders made,
actions taken and directions or instructions given by the Speaker or by the
Finance Committee or by any authority, which were made, taken or given, or
purported to have been made, taken or given, prior to the commencement of
this Act, shall be deemed to be and always to have been validly made, taken
or given and shall not be called in question in any Court on any ground
Appointments in the Secretariat shall be made
in the prescribed manner by the Speaker or by a person authorized by the
Speaker in that behalf by one or more of the following methods, namely:
promotion of a person employed in the Secretariat;
transfer within the Secretariat in the same BPS;
direct recruitment through internal circulation;
7. Appointments on deputation.–
(1) Appointment on deputation to a post shall be made in the interest of the
(2) The competent
authority may appoint on deputation a person serving outside the Secretariat
in connection with the affairs of the Federation or any Province or
authority or organization controlled by the Government.
(3) The terms and
conditions of service of a person appointed in the Secretariat on deputation
shall be such as may be prescribed by rules.
(1) Appointment to a post by initial recruitment under section 6, not being
an ad hoc appointment, shall be on probation for a period of two years.
Every person appointed to a post by promotion or transfer may also be placed
on probation for a period of one year.
(3) If in the opinion of
the appointing authority, the work or conduct of an employee on probation is
unsatisfactory or shows that he is unlikely to become efficient, or where,
in respect of any 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 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 the
course or the training shall, except as may be prescribed otherwise–
probation for such extended period not exceeding one year, as deemed
if he was
appointed to such post by initial recruitment, be discharged; or
if he was
appointed to such post by promotion or transfer, be reverted to the 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 post, an employee
shall not be deemed to have completed his period of probation satisfactorily
until his competence, character and antecedents have been verified as
satisfactory in the opinion of the appointing authority.
(4) On the satisfactory
completion of period of probation, the appointing authority may terminate
the probation and confirm a probationer in his appointment provided a clear
(1) A person appointed on probation shall, on satisfactory completion of his
probation, be eligible for confirmation in a post as may be prescribed.
(2) An employee promoted
to a post on regular basis shall be eligible for confirmation after
rendering satisfactory service for the period prescribed for confirmation
(3) An employee who,
during the period of his service, was eligible to be confirmed against any
post retires from service before being confirmed shall not, merely by reason
of such retirement, be refused confirmation against such post or any
benefits accruing there from.
(4) Confirmation of an
employee against a post shall take effect from the date of occurrence of
permanent vacancy of that post or from the date of continuous
officiation on such post, whichever is later.
(5) There shall be no
confirmation against any temporary post.
Seniority.– (1) For
proper administration, the appointing authority shall cause a seniority list
of the employees, for the time being, of such group, category or post to be
prepared, but nothing herein contained shall be construed to confer any
vested right to a particular seniority in such group, category or post, as
the case may be.
(2) Subject to the
provisions of sub-section (1), the seniority of an employee shall be
reckoned in relation to other employees belonging to the same group or post
whether serving in the same department or office or not, as may be
(3) Seniority on initial
appointment to a group, category or post shall be determined as may be
(4) Seniority in a group,
category or post to which an employee is promoted shall take effect from the
date of regular appointment to that post:
Provided that employees 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
(1) An employee 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 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-
in the case
of a selection post, on the basis of selection on merit; and
in the case of a
non-selection post, on the basis of seniority-cum-fitness.
Posting and transfer.–
Every employee shall be liable to serve anywhere within Pakistan, in any
equivalent or higher post subject to approval of the competent authority:
Provided that, where an
employee 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 favorable
than those to which he would have been entitled if he had not been so
required to serve.
Termination of service.–
(1) The service of an employee may be terminated without notice–
initial or extended period of his probation:
Provided that where such
employee is appointed by promotion on probation or, as the case may be, is
transferred from one service, group, category or post to another service,
group, category or post, his service shall not be so terminated so long as
he holds a lien against his former post in such service, group, category or
post but he shall be reverted to his former service, group, category or post
as the case may be;
on contract, on the expiry of the initial or extended period of his
if the appointment is
made ad hoc terminable on the appointment of a person on the recommendation
of the selection authority, on the appointment of such person or conclusion
of the selection process.
(2) Where, on the
abolition of a post or reduction in the number of posts in a group, the
services of an employee are required to be terminated, the person whose
services are terminated shall ordinarily be the one who is the most junior
in such group.
(3) Notwithstanding the
provisions of sub-section (1), but subject to the provisions of sub-section
(2), the service of an employee in temporary employment or appointed ad hoc
shall be liable to termination on fourteen days' notice or pay in lieu
Reversion to a lower post, etc.–
(1) An employee appointed to a higher post on ad hoc, temporary or
officiating basis shall be liable to reversion to his lower post.
(2) No employee shall be
dismissed or removed from service or reduced in rank by an authority
subordinate to that by which he was appointed.
(3) No such employee as
aforesaid shall be dismissed or removed from service or reduced in rank
until he has been given a reasonable opportunity of showing cause against
the action proposed to be taken against him:
Provided that this
sub-section shall not apply -
employee is dismissed or removed from service or reduced in rank on the
grounds of conduct which has led to his conviction on a criminal charge; or
employee is still on probation or working on ad hoc basis; or
where the Speaker or any
person authorized by him under this Act is satisfied, for reasons to be
recorded in writing, that in the interest of the security of Pakistan or any
part thereof it is not expedient to give to that employee such an
Retirement from service.–
(1) An employee shall retire from service-
on such date
after he has completed twenty years of service qualifying for pension or
other retirement benefits as the competent authority may, in public
interest, direct; or
direction is given under clause (a), on the completion of the sixtieth year
of his age or at the option of an employee on completion of twenty five
years of his service qualifying for pension and other retirement benefits.
(2) No direction under
clause (a) of sub-section (1) shall be made until the employee has been
informed in writing of the grounds on which it is proposed to make the
direction and has been given a reasonable opportunity of showing cause
against the said direction.
An employee appointed to a post shall be entitled in accordance with the
rules to the pay sanctioned for such post:
Provided that where the
appointment is made on a current-charge basis or by way of additional
charge, his pay shall be fixed in the prescribed manner:
Provided further that where
an employee has, under an order which is later set aside, been dismissed or
removed from service or reduced in rank, he shall, on the setting aside of
such order, be entitled to such arrears of pay as the authority setting
aside such order may determine.
Employment after retirement.–
(1) A retired
employee shall not ordinarily be reemployed in the
Secretariat, unless such re-employment is necessary in the public interest
and is made with the prior approval of the authority next above the
Provided that where the
appointing authority is the Speaker, such re-employment may be ordered with
the approval of the Finance Committee.
(2) Subject to law and
rules, an employee may, during leave preparatory to retirement or after
retirement from the Secretariat, seek any employment and profession:
Provided that where
employment is sought by an employee while on leave preparatory to
retirement, he shall obtain prior approval of the competent authority.
The conduct of an employee shall be regulated by rules made, directions
notified or instructions issued by the Speaker, whether general or in
respect of a specified group of employees.
Efficiency and discipline.–
An employee shall be liable to disciplinary action and penalties in
accordance with the prescribed procedure.
Right of appeal or representation.–
(1) Where a right to prefer an appeal or apply
for a review in respect of any order relating to the terms and conditions of
his service is provided to an employee under any rules applicable to him,
such appeal or application for review shall, except as may be otherwise
prescribed, be made within thirty days of the date of such order and where a
right to prefer an appeal does not exist it may lie to the Finance
(2) Where no provision for
appeal or review exists under the rules in respect of any order or class of
orders, an employee aggrieved by any such order may within thirty days of
the communication to him of such order, make a representation against it to
the authority next above the authority which passed an order:
Provided that no representation shall lie on matters relating to the
determination of fitness of a person to hold a particular post or to be
promoted to a higher post or BPS.
Nothing in this Act or in any rule shall be construed to limit or abridge
the power of the Speaker to deal with the case of an employee in such manner
as may appear to him to be just and equitable:
Provided that, where this
Act or any rule, is applicable to the case of an employee, the case shall
not be dealt with in a manner less favorable to him than that provided by
this Act or such rule.
No suit, prosecution or other legal proceedings shall lie against an
employee for anything done in his official capacity which is in good faith
done or intended to be done under this Act or the rules, instructions or
directions made or issued or adopted from time to time.
Save as provided under this Act, the Punjab Service Tribunals Act, 1974 (Act
IX of 1974) or the rules, no order made or proceedings taken under this Act
or the rules, by the Speaker or any officer authorized by him, shall be
called in question in any court and no injunction shall be granted by any
court in respect of any decision made or proceedings taken in pursuance of
any power conferred by, or under, this Act or the rules.
24. Removal of
any difficulty arises in giving effect to any of the provisions of this Act,
the Speaker may make such order, not inconsistent with the provisions of
this Act, as may appear to him to be necessary for the purpose of removing
All questions relating to interpretation of provisions of this Act shall be
referred to the Speaker whose decision thereon shall be final.
(1) The Speaker may, with the concurrence of the Finance Committee, make
rules for carrying out the purposes of this Act.
(2) Any rules, orders or
instructions in respect of any terms and conditions of service of employees
duly made or issued by an authority competent to make them and in force
immediately before the commencement of this Act shall, in so far as such
rules, orders or instructions are not inconsistent with the provisions of
this Act, be deemed to be made under this Act.
27. Directions of the
matters not specifically provided for in this Act or the rules made
thereunder and all questions relating to the detailed working of the
Secretariat shall be regulated in such manner as the Speaker may, from time
to time, direct.
28. Relaxation of rules.–
Where the Speaker is satisfied that the operation of any provision of the
rules made under this Act cause any hardship in any particular case, he may,
with the concurrence of the Finance Committee, by order, dispense with or
relax the requirements of that provision to such extent and subject to such
conditions as he may consider necessary for dealing with the case in a just
and equitable manner.
Provided that, in case of urgency, the Speaker may relax or dispense with
such requirements of that provision in anticipation of the concurrence of
the Finance Committee.
(1) The Provincial Assembly of the Punjab Secretariat (Recruitment and
Conditions of Service) Rules, 1986 are hereby repealed:
Provided that orders and
instructions, including method of appointment already notified issued and
posts created under these rules shall continue to be in force until relevant
directions and rules are made under this Act.
(2) Notwithstanding the
repeal of the Provincial Assembly of the Punjab Secretariat (Recruitment and
Conditions of Service) Rules, 1986, all orders made, proceedings taken and
acts done, including appointments made either through initial recruitment,
induction, absorption, promotion, regularization or on contract basis,
obligation, liability or penalty incurred, power conferred or exercised, by
any authority or by any person, under the said rules and anything done in
exercise of the powers, or purported exercise of the powers, conferred by or
under the said rules, shall continue and be deemed to be and always to have
been validly made, taken, done incurred, conferred, exercised or issued
under this Act and shall not be called in question in any court on any