Balochistan Act IX of 1974 · 16 pages
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THE BALOCHISTAN CIVIL SERVANTS
ACT, 1974
(Baln. Act IX of 1974)
CONTENTS
SECTIONS
Preamble.
1. Short title, application and commencement.
CHAPTER I – PRELIMINARY
2. Definitions.
CHAPTER II – TERMS AND CONDITIONS OF SERVICE OF
BALOCHISTAN CIVIL SERVANTS
3. Terms and conditions.
4. Tenure of office of civil servants.
5. Appointments.
5-A. Absorption.
6. Probation.
7. Confirmation.
8. Seniority.
9. Promotion.
10. Posting and transfers.
11. Termination of service.
11 A. Absorption of Civil Servants rendered surplus.
11 B. (Appointment without observing prescribed procedure,
qualifications, experience and age limit.)
12. Reversion to a lower post.
12-A. (Omitted)
13. Retirement from service
14. Employment after retirement.
15. Conduct.
16. Efficiency and discipline.
17. Pay.
18. Leave.
19. Pension and gratuity.
20. Provident Fund3.
21. Benevolent Fund and Group Insurance.
22. Right of appeal or representation.
CHAPTER III – MISCLLANCEOUS
23. Saving.
24. Removal of difficulties.
CHAPTER IV – RULES
25. Rules.
Validations.
1
THE BALOCHISTAN2 CIVIL SERVANTS
ACT, 1974
(Balochistan Act IX of 1974)
[20th July, 1974]
An Act to regulate the appointment of persons to, and
the terms and conditions of service of persons in, the service of
Balochistan.
Preamble. WHEREAS 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 Balochistan and to provide
for matters connected therewith or ancillary thereto;
It is hereby enacted as follows:―
Short title, 1. (1) This Act may be called the Balochistan Civil
application and Servants Act, 1974.
commencemen (2) It applies to all civil servants whereever they
t. may be.
(3) It shall be deemed to have come into force from
th
the 12 March, 1974.
CHAPTER I – PRELIMINARY
Definitions. 2. (1) In this Act unless there is anything repugnant in
the subject or context―
(a) "adhoc 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 a civil service of the Province
of Balochistan or who holds a civil post
in connection with the affairs of the
1
This Act was passed by the Balochistan Assembly on 19 th June, 1974; assented to by the Governor of Balochistan; and published in the
Balochistan Gazette (Extraordinary) No. 41, dated 20th July, 1974.
2
Spelling of the word “Baluchistan”, wherever it appears in this Act, is corrected by insertion of letter “o” instead of “u”; as per
Government of Balochistan, S&GAD’s Notification No. SORI (4) 6/ S&GAD-89, dated 18th June, 1989.
Province, but does not include―
(i) a person who is on deputation to
the Province of Balochistan from
the Federation or from any
Province or other authority; or
(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 any 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
Balochistan Public Service Commission1,
a departmental selection board,
departmental selection committee or
body on the recommendation of, or in
consultation with which any appointment
or promotion, as may be prescribed, is
made;
(i) "temporary post" means a post other than
1
Constituted under the Balochistan Public Service Commission Act, 1989 (Act II of 1989); published in the Balochistan Gazette
(Extraordinary) No. 88, dated 23rd May, 1989; and earlier to that under the Balochistan Ordinance II of 1978 (repealed) and the
Balochistan Act IV of 1974 (repealed).
a permanent post.
(2) For the purpose 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.
CHAPTER II – TERMS AND CONDITIONS OF SERVICE
OF BALOCHISTAN CIVIL SERVANTS
Terms and 3. The terms and conditions of service of a civil servant
conditions. shall be as provided in this Act and the rules1.
Tenure of office of 4. Every civil servant shall hold office during the pleasure
civil servants. of the Government of Balochistan.
Appointments. 5. Appointments to the Balochistan Service or to a civil
service of the Province of Balochistan or to a civil post in
connection with the affairs of the Province of Balochistan shall
be made in the prescribed2 manner by the Government of
Balochistan or by a person authorised by it in that behalf.
3
[Absorption. 5-A. (1) The Provincial Government may absorb a
Federal Civil Servant of a devolved Ministry or Division of
Federal Government, or an attached department or sub-ordinate
office of such devolved Ministry or Division situated in
Balochistan, who was transferred by Federal Government to the
Province of Balochistan, in consequences of the devolution of
functions pursuant to the Constitution (Eighteenth Amendment)
Act, 20104 (Act No. X of 2010); and thereby he shall become a
civil servant of Province of Balochistan under this Act, and on
such absorption his terms and conditions of service as were
applicable to them before such absorption shall not be less
favorable to him than to which other civil servants of
Government of Balochistan have under this Act.
(2) Notwithstanding anything contained hereinabove
sub-section (1), the seniority of a civil servant absorbed by
virtue of sub-section (1) shall be determined by the concerned
administrative department/ office of the Government of
Balochistan, in accordance with the rules as prescribed under
this Act.
1
for rules see footnote 1 under section 25 (1).
2
for rules prescribed, see footnote 1 (iv) under section 25 (1).
3
New section 5-A inserted by Baln. Act III of 2015; passed by Provincial Assembly of Balochistan on 21 st April, 2015; assented to by the
Governor of Balochistan on 24th April, 2015; and published in Balochistan Gazette (Extraordinary) No. 50, dated 28th April, 2015.
4
An Act passed by the Majlis-e-Shoora (Parliament) of Pakistan; assented to by the President of Pakistan on 19 th April, 2010; and
published in the Gazette of Pakistan (Extraordinary) Part I, dated 20th April, 2010, pages 267-316.
(3) A Federal Civil Servant absorbed in any
department or office of the Government of Balochistan,
pursuant to sub-section (1) and (2) above, may be appointed
against a post of equivalent grade in that department or office
available in the department or office for initial recruitment;
(4) In case any difficulty arises in absorption of
Federal Civil Servants due to non availability of a post with
similar designation or grade in a department or office on which
a Federal Civil Servant had a lien before absorption, the
Government of Balochistan may create any number of
equivalent posts with the same designation and grade against
which the Federal Civil Servant had maintained a lien in the
federal government, as it may deem fit.]
Probation. 6. (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 prescribed1.
2
[* * * * * * * *]
(2) Any appointment of a civil servant by promotion
or transfer to a service or post may also be made on probation
as may be prescribed3.
(3) 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
1
for rules prescribed, see footnote 1 (iv) and (vi) under section 25 (1).
2
Proviso deleted, which shall always be deemed to have been deleted, by Balochistan Ordinance IV of 1982.
For deleted proviso, date of coming into force and validation of any thing done, action taken, order made under the Act, prior to
coming into force of the Ordinance, see the Balochistan Gazette (Extraordinary) No. 149, dated 8th September, 1982 and corrigendum
published in Balochistan Gazette (Extraordinary) No. 176, dated 2nd November, 1982.
The Balochistan Ordinance IV of 1982 was made by Governor under the Provisional Constitution Order, 1981 (C.M.L.A. Order
1 of 1981); validated and declared continue in force by Article 270-A [as amended vide the Constitution (Eighth Amendment) Act,
1985 (Act XVIII of 1985)] of the Constitution of Islamic Republic of Pakistan, 1973.
3
for rules prescribed, see footnote 1 (iv) and (vi) under section 25 (1).
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.
Confirmation. 7. (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 1prescribed 2[.] 2[* * * * * *]
(2) A civil servant promoted to a post 3[***] on
regular basis shall be eligible for confirmation after rendering
satisfactory service for the period 1prescribed 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 latter.
Seniority. 8. (1) For proper administration of a service, cadre or
4
[post], the appointing authority shall cause a seniority list of
the members for the time being of such service cadre or 3[post]
to be prepared, but nothing therein contained shall be construed
to confer any vested right to a particular seniority in such
1
for rules prescribed, see footnote 1 (vi) under section 25 (1).
2
A full stop added after the word "prescribed"; and thereafter “all the words” omitted by Balochistan Ordinance III of 1983; with effect
from 19th June, 1974.
For the omitted words, date of coming in force and validation of any thing done, action taken, order made under the Act, prior to
coming into force of the Ordinance, See the Balochistan Gazette (Extraordinary) No. 37, dated 14th February, 1983.
The Balochistan Ordinance IV of 1983 was made by Governor under the Provisional Constitution Order, 1981 (C.M.L.A. Order I
of 1981); validated and declared continue in force by Article 270-A [as amended vide Constitution (Eighth Amendment) Act, 1985
(Act XVIII of 1985)] of the Constitution of Islamic Republic of Pakistan, 1973.
3
Words "or grade" omitted by Baln. Ordinance VI of 1984; effective from 1st July, 1983. See Balochistan Gazette (Extraordinary) No. 259,
dated 26th July, 1984.
The Balochistan Ordinance VI of 1984 was made by Governor under the Provisional Constitution Order, 1981 (C.M.L.A. Order I
of 1981); validated and declared continue in force by Article 270-A [as amended vide Constitution (Eighth Amendment) Act, 1985
(Act XVIII of 1985)] of the Constitution of Islamic Republic of Pakistan, 1973.
4
Subs. ibid. for the word "grade".
service, cadre or 3[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 1[service or cadre], whether
serving in the same department or office or not, as may be
prescribed2.
(3) Seniority on initial appointment to a service,
3
[cadre] or post shall be determined as may be prescribed.
4
[(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 interse seniority as in
the lower post.]
Promotion. 9. (1) A civil servant possessing such minimum
qualifications as may be prescribed5 shall be eligible for
promotion to a 6[higher] post for the time being reserved under
the rules for departmental promotion in 7[* * * * *] 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 promotion
shall be made as may be prescribed―
(a) in the case of a selection post, on the
basis of selection on seniority-cum merit;
and
(b) in the case of a non-selection post, on the
basis of seniority-cum-fitness.
Posting and 10. Every civil servant shall be liable to serve any where
transfers. within or outside the Province of Balochistan, 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:
1
Subs. ibid. for the words "service or grade".
2
for rules prescribed, see footnote 1 (iii) under section 25 (1).
3
Subs. by Baln. Ordinance VI of 1984; effective from 1 st July, 1983, for the word "grade". See Balochistan Gazette (Extraordinary) No.
259, dated 26th July, 1984. See also footnote 3 under section 7 (2).
4
Substituted. ibid., for sub-section (4).
5
for rules prescribed, see footnote 1 (iv) under section 25 (1).
6
Inserted ibid.
7
The words "the higher grade of" omitted ibid.
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.
Termination of 11. (1) The service of a civil servant may be terminated
service. after expiry of one month's notice served on him for the purpose
of payment of one month's salary in lieu of such notice―
(i) during the initial or extended period of
his probation:
Provided that, where such civil
servant is appointed by promotion on
probation or, as the case may be, is
transferred from one 1[service], cadre or
post to another 1[service], cadre or post,
his service shall not be so terminated so
long as he holds a lien against his former
post in such 1[service] or cadre, but he
shall be reverted to his former 1[service],
cadre or post, as the case may be;
(ii) on the expiry of the initial or extended
period of his employment; or
(iii) 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.
(2) Where, on the abolition of a post or reduction in
the number of posts in a cadre or 2[service], the services of a
civil servant are required to be terminated, the person whose
services are terminated shall ordinarily be the one who is the
most junior in such cadre or 1[service].
(3) Notwithstanding the provisions of sub-section
(1), but subject to the provisions of sub-section (2), the service
of a civil servant in temporary employment or appointed ad hoc
1
Subs. for the word “grade” by Ord. VI of 1984; taken effect from 1 st July, 1983. See Balochistan Gazette (Extraordinary) No. 259, dated
26th July, 1984. See also footnote 3 under section 7 (2).
2
Subs. for the word “grade” by Ord. VI of 1984; taken effect from 1 st July, 1983. See Balochistan Gazette (Extraordinary) No. 259, dated
26th July, 1984. See also footnote 3 under section 7 (2).
shall be liable to termination on fourteen days’ notice or pay in
lieu thereof.
2 1
[Absorption of [11 A. Notwithstanding anything contained in this Act, the
Civil Servants rules, agreement, contract or the terms and conditions of
rendered service, a civil servant who is rendered surplus as a result of re-
surplus. organization or abolition of a department, office or abolition of
a post in pursuance of any Government decision may be
appointed to a post, carrying basic pay scale equal to the post
held by him before such appointment, if he possesses the
qualifications and fulfils other conditions applicable to that
post:
Provided that where no equivalent post is available he
may be offered a lower post in such manner, and subject to such
conditions, as may be prescribed and where such civil servant is
appointed to a lower post the pay being drawn by him in the
higher post immediately preceding his appointment to lower
post shall remain protected.]
2
[11-B. (1) Where it is brought to the notice of the
appointing authority that appointment of a person to a civil post
was made without observing the prescribed procedure or
without fulfilling the prescribed qualification, experience and
age limit, it may send a reference to the Balochistan Public
Service Commission3 for determination whether he is fit to held
the post to which he was appointed and, if not, whether he is fit
to hold any other post compatible with his qualification and
experience.
(2) On receipt of the advice of the Balochistan
Public Service Commission on a reference made under sub-
section (1), the appointing authority may pass such order of
appointment or termination of services as may be considered by
it to be just and equitable.
Provided that if it is proposed to pass order of
termination of services in the light of the advice of the
1
New section 11-A inserted by Baln. Ordinance XIV of 2001; published in the Balochistan Gazette (Extraordinary) No. 93, dated 25 th July,
2001.
The Baln. Ordinance XIV of 2001 was made by Governor under the Provisional Constitution (Amendment) Order, 1999 (Chief
Executive Order No. 9 of 1999); protected first under Article 270-AA [as amended vide Constitution (Seventeenth Amendment) Act,
2003 (Act III of 2003)]; and later declared continue in force by clause (2) of Article 270-AA [as amended vide Constitution
(Eighteenth Amendment) Act, 2010 (Act X of 2010)] of the Constitution of Islamic Republic of Pakistan, 1973.
2
New section 11-B inserted by Baln. Act VIII of 2003; passed by the Provincial Assembly of Balochistan on 11 th October, 2003; assented
to by the Governor of Balochistan on 27 th October, 2003; and published in the Balochistan Gazette (Extraordinary) No. 78, dated 30 th
October, 2003.
3
See footnote 1 under section 2 (2) (n).
Commission, a reasonable opportunity of showing cause against
the order of termination, shall be provided.
(3) Where an order of appointment is made on the
advice of the Commission, it shall be treated as a case of fresh
appointment.]
Reversion to a 12. A civil servant appointed to a higher post 2[before the
lower 1[post]. first day of July, 1983, to a higher post] ad hoc or on temporary
or officiating basis shall be liable to reversion to his lower post
3
[* * * *] without notice.
4 4
[Omitted] [Section 12-A. Certain Persons to be liable to removal or
reversion — (Omitted)]
5
[Retirement from 13. A civil servant shall retire from service―
service. (i) On such date after he has completed6[twenty]
years of service qualifying for pension or other
retirement benefits as the competent authority
may, in public, interest, direct: or
(ii) Where no direction is given under clause (i), on
the completion of the sixtieth year of his age.
(2) No directions under clause (i) of sub-section (1)
shall be made until the civil servant has been informed in
writing of the grounds on which it is proposed to make the
direction, and has been given a reasonably opportunity of
showing cause against the said direction.
Explanation. In this Section “competent
authority” means the appointing authority prescribed in Rule 4
of the Balochistan Civil Servants (Appointment, Promotion and
Transfer) Rules, 19797.]
1
Subs. by Balochistan Ordinance VI of 1984; published in Balochistan Gazette (Extraordinary) No. 259, dated 26 th July, 1984, for the
words "grade or service". See also footnote 3 under section 7 (2).
2
Subs. ibid., for the words "or grade".
3
Words "or grade" omitted ibid.
4
Section 12-A omitted by Baln. Act III of 2015; passed by Provincial Assembly of Balochistan on 21 st April, 2015; assented to by the
Governor of Balochistan on 24th April, 2015; and published in Balochistan Gazette (Extraordinary) No. 50, dated 28th April, 2015.
Earlier section 12-A was added by a Baln. Ordinance XIV of 1978, see Balochistan Gazette (Extraordinary) No. 47, dated 28 th
May, 1978.
5
Subs. by Balochistan Ordinance IV of 2000; published in the Balochistan Gazette (Extraordinary) No. 29, dated 8th September, 2000, for
section 13.
Ordinance IV of 2000 was made by Governor under Provisional Constitution (Amendment) Order, 1999 (Chief Executive Order
9 of 1999); protected first under Article 270-AA [as amended vide Constitution (Seventh Amendment) Act, 2003 (Act III of 2003)];
and later declared continue in force by clause (2) of Article 270-AA [as amended vide Constitution (Eighteenth Amendment) Act,
2010 (Act X of 2010)] of the Constitution of Islamic Republic of Pakistan, 1973.
6
Substituted by Balochistan Ordinance LII of 2001; published in the Balochistan Gazette (Extraordinary) No. 193, dated 10 th December,
2001, for the words (twenty five).
Ordinance LII of 2001 was made by Governor under Provisional Constitution (Amendment) Order, 1999 (Chief Executive
Order 9 of 1999); protected first under Article 270-AA [as amended vide Constitution (Seventeenth Amendment) Act, 2003 (Act III
of 2003)]; and later declared continue in force by clause (2) of Article 270-AA [as amended vide Constitution (Eighteenth
Amendment) Act, 2010 (Act X of 2010)] of the Constitution of Islamic Republic of Pakistan, 1973.
Employment after 14. (1) A retired civil servant shall not ordinarily be re-
retirement. employed under the Balochistan Government, unless such re-
employment is necessary in the public interest and is made with
the prior approval of the authority next above the appointing
authority:
Provided that, where the appointing authority is
the Government, such re-employment may be ordered with the
approval of the Government.
(2) Subject to the provisions of sub-section (1) of
section 3 of the Ex-Government Servants (Employment with
Foreign Governments) (Prohibition) Act, 1966 1 (XII of 1966), a
civil servant may, during leave preparatory to retirement, or
after retirement from Government service, seek any private
employment:
Provided that, where employment is sought by a
civil servant while on leave preparatory to retirement or within
two years of the date of his retirement, he shall obtain the prior
approval of the prescribed authority.
Conduct. 15. The conduct of a civil servant shall be regulated by
2
rules made, or instructions issued, by Government or a
prescribed authority, whether generally or in respect of a
specified group or class of civil servants.
Efficiency and 16. A civil servant shall be liable to prescribed disciplinary
discipline. action and penalties in accordance with the prescribed
procedure3.
Pay. 17. A civil servant appointed to a post 4[***] shall be
entitled, in accordance with the rules5, to the pay sanctioned for
such post 3[*****]:
Provided that, when the appointment is made on a
current-charge basis or by way of additional charge, his pay
shall be fixed in the prescribed manner:
7
Rules made by Government of Balochistan, Services and General Administration Department, vide its Notification No. 17-237-79-SO-
ARC/S&GAD, dated 26th June, 1979; published in the Balochistan Gazette (Extraordinary) No. 73, dated 10 th July, 1979; and repealed by
the Balochistan Civil Servant (Appointment, Promotion and Transfer) Rules, 2009, Rule 23.
Now the Balochistan Civil Servant (Appointment, Promotion and Transfer) Rules, 2009, See the Balochistan Gazette
(Extraordinary) No. 165, dated 27th October, 2009.
1
This Act was passed by the National Assembly of Pakistan; assented to by the President on 7 th July, 1966, and published in the Gazette of
Pakistan (Extraordinary), dated 7th July, 1966. (PLD 1966 CS P. 282).
2
For the Balochistan Civil Servant (Conduct) Rules, 1979, See the Balochistan Gazette (Extraordinary) No. 54, dated 29th July, 1979.
3
For relevant rules and law see footnote 1 (i) under section 25 (1).
4
Words "or grade" omitted by the Balochistan Ord. VI of 1984; taken effect from 1 st July, 1983. See the Balochistan Gazette
(Extraordinary) No. 259, dated 26th July, 1984. See also footnote 3 under section 7 (2).
5
See footnote 1 (xi) under section 25 (1).
Provided further that where a civil servant 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.
Leave. 18. A civil servant shall be allowed leave in accordance
with the leave rules1 applicable to him, provided that the grant
of leave will depend on the exigencies of service and be at the
discretion of the competent authority.
Pension and 19. (1) On retirement from service, a civil servant and
gratuity. shall be entitled to receive such pension, or gratuity, as may be
prescribed2.
(2) In the event of the death of a civil servant,
whether before or after retirement, his family shall be entitled to
receive such pension, or gratuity, or both, as may be prescribed.
(3) No pension shall be admissible to a civil servant
who is dismissed or removed from service for reasons of
discipline, but Government may sanction compassionate
allowance to such a civil servant, not exceeding two-thirds of
the pension or gratuity which would have been admissible to
him had he been invalided from service on the date of such
dismissal or removal.
(4) If the determination of the amount of pension or
gratuity admissible to a civil servant is delayed beyond one
month of the date of his retirement or death, he or his family, as
the case may be, shall be paid provisionally such anticipatory
pension or gratuity as may be determined by the prescribed
authority, according to the length of service of the civil servant
which qualifies for pension or gratuity; and any overpayment
consequent on such provisional payment shall be adjusted
against the amount of pension or gratuity finally determined as
payable to such civil servant or his family.
Provident Fund3. 20. (1) Before the expiry of the third month of every
financial year, the accounts officer or other officer required to
maintain provident fund account shall furnish to every civil
servant subscribing to a provident fund the account of which he
1
See footnote 1 (x) under section 25 (1).
2
See footnote 1 (ix) under section 25 (1).
3
for definition and provisions of “Provident Fund”, see the Provident Funds Act, 1925 (Act No. XIX of 1925).
For Rules see General Provident Fund Rules as applicable to the Province of Balochistan and amended from time to time by
Services and General Administration Department, under section 25 of the Civil Servant Act, 1974 (Balochistan Act IX of 1974)
For General Provident Fund investment, control and management, see the Balochistan General Provident Investment Fund Act,
2007 (Balochistan Act I of 2007), published in the Balochistan Gazette (Extraordinary) No. 66, dated 13th June, 2007.
is required to maintain a statement under his hand showing the
subscriptions to, including the interest accruing thereon, if any,
and withdrawals or advances from, his provident fund during
the preceding financial year.
(2) Where any subscription made by a civil servant
to his provident fund has not been shown or credited in the
account by the accounts officer or other officer required to
maintain such account, such subscription shall be credited to the
account of the civil servant on the basis of such evidence as
may be prescribed.
Benevolent Fund 21. All civil servants and their families shall be entitled to
and Group the benefits admissible under the West Pakistan Government
Insurance. Servants Benevolent Fund Ordinance, 19601 (West Pakistan
Ordinance XIV of 1960), and the West Pakistan Government
Employees Welfare Fund Ordinance, 19692 (West Pakistan
Ordinance I of 1969) and the rules3 made thereunder.
Right of appeal or 22. (1) Where a right to prefer an appeal or apply for
representation. review in respect of any order relating to the terms and
conditions of his service is provided to a civil servant under any
rules4 applicable to him, such appeal or application shall, except
as may be otherwise prescribed, be made within thirty days of
the date of such order.
(2) Where no provision for appeal or review exists
under the rules in respect of any order or class of orders, a civil
servant 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 made
the 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
1
Promulgate by the Governor of West Pakistan on 19 th April, 1960; published in West Pakistan Gazette (Extraordinary), dated 23 rd April,
1960, pages 1773-76; saved and given permanent effect by Article 225 of the Constitution of the Islamic Republic of Pakistan, 1962.
Adopted by Balochistan Laws (Adaptation) Order, 1975 with substitution of the word “Balochistan” for the words “West Pakistan”.
2
Promulgate by the Governor of West Pakistan on 17 th March, 1969; published in West Pakistan Gazette (Extraordinary), dated 18 th
March, 1969, pages 423-427; and, saved first by Proclamation of Martial Law Order, dated 25 th March, 1969 and then by Article 281 of
the Interim Constitution of the Islamic Republic of Pakistan, 1972. Adopted by Balochistan Laws (Adaptation) Order, 1975 with
substitution of the word “Balochistan” for the words “West Pakistan”.
3
for the Balochistan Government Servants Benevolent Fund, Part I (Disbursement) Rules, 1982 and the Balochistan Government Servants
Benevolent Fund, Part-II (Rules issued by S&GAD vide its Notification No. S&GAD(Admn:)II(32)BW/80, dated 7 th March, 1982), see
the Balochistan Gazette (Extraordinary) No. 38, dated 11th March, 1982.
Also see the Balochistan Provincial Employees Group Insurance Act 2009 (Act X of 2009), published in the Balochistan Gazette
(Extraordinary) No. 135, dated 5th November, 2009.
4
for rules, see footnote 1 (viii) under section 25 (1).
1
[******].
CHAPTER III – MISCLLANCEOUS
Saving. 23. Nothing in this Act or in any rule shall be construed to
limit or abridge the power of the Government of Balochistan to
deal with the case of any civil servant in such manner as may
appear to it to be just and equitable:
Provided that, where this Act or any rule is applicable to
the case of a civil servant, the case shall not be dealt with in any
manner less favourable to him than that provided by this Act or
such rule.
2
[Indemnity. 23A. No suit, prosecution or other legal proceedings shall lie
against a civil servant 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
thereunder.]
3
[Jurisdiction 23B. Save as provided under this Act and the Service
barred. Tribunals Act, 19744 or the rules made thereunder, no order
made or proceedings taken under this Act, or the rules made
thereunder by the Governor 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 made thereunder.]
Removal of 24. If any difficulty arises in giving effect to any of the
difficulties. provisions of this Act the Government of Balochistan may
make such order, not inconsistent with the provisions of this
Act, as may appear to it to be necessary for the purpose of
removing the difficulty:
Provided that no such power shall be exercised after the
expiry of one year from the coming into force of this Act.
CHAPTER IV– RULES
1
Words “or grade” omitted by the Balochistan Ord. VI of 1984; taken effect from 1 st July, 1983. Published in the Balochistan Gazette
(Extraordinary) No. 259, dated 26th July, 1984. See also footnote 2 under section 7(2).
2
New section 23A inserted by Balochistan Ord. VII of 2002; promulgate by the Governor of Balochistan on 6 th March, 2002; published in
Balochistan Gazette (Extraordinary) No. 18, dated 16th March, 2002.
Ordinance LII of 2001 was made by Governor under Provisional Constitution (Amendment) Order, 1999 (Chief Executive
Order No. 9 of 1999); protected first under Article 270-AA [as amended vide Constitution (Seventh Amendment) Act, 2003 (Act III
of 2003)]; and later declared continue in force by clause (2) of Article 270-AA [as amended vide Constitution (Eighteenth
Amendment) Act, 2010 (Act X of 2010)] of the Constitution of Islamic Republic of Pakistan, 1973.
3
New section 23B inserted ibid.
4
That is Balochistan Service Tribunal Act, 1974 (Act V of 1974); published in the Balochistan Gazette (Extraordinary) No. 30, dated 27 th
June, 1974.
Rules. 25. (1) The Government or any person authorised by it
in this behalf, may make such rules1 as appear to him to be
necessary or expedient for carrying out the purposes of the Act.
(2) Any rules, orders or instructions in respect of
any terms and conditions of service of civil servants 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 rules made under
this Act.
_______
2
[Validations. Notwithstanding anything contained in the Balochistan
Civil Servants Act, 1974 (IX of 1974). anything done, actions
taken, order made under this Act, or any other law or rules,
prior to coming in force of this Ordinance*, shall be deemed to
have been validly done, taken, or made, as if this Ordinance*
was in force on the day on which such thing, action or order
was done, taken or made.]
________
1
For–
i. the Balochistan Government Servants (Conduct) Rules, 1979" See the Balochistan Gazette (Extraordinary) No. 84, dated 29 th
July, 1979;
ii. the Balochistan Civil Servants (Efficiency and Discipline) Rules, 1981", See the Balochistan Gazette (Extraordinary) No. 15,
dated 18th January, 1992. These rules were repealed by the Balochistan Removal from Service (Special Powers) Ordinance,
2000 (Balochistan Ord. IV of 2000), which was also repealed and replaced by the Balochistan Employees’ Efficiency and
Discipline Act 2011 (Balochistan Act VI of 2011); published in the Balochistan Gazette (Extraordinary) No. 207, dated 4 th
July, 2011.
iii.the Balochistan Civil Servants (Seniority) Rules, 2008, See the Balochistan Gazette (Extraordinary) No. 222, dated 25 th August,
2008;
iv.the Balochistan Civil Servants (Appointment, Promotion and Transfer) Rules, 2009, See the Balochistan Gazette (Extraordinary)
No. 165, dated 27th October, 2009; It repealed the earlier Balochistan Civil Servants (Appointment, Promotion and Transfer)
Rules, 1979. published in the Balochistan Gazette (Extraordinary) No. 73, dated 10th July, 1979.
v. the Balochistan Government Servants (Marriage with Foreign Nationals) Rules, 2011, See the Balochistan Gazette
(Extraordinary) No. 10, dated 14th December, 2011;
vi.the Balochistan Civil Servants (Confirmation) Rules, 2012, See the Balochistan Gazette (Extraordinary) No. 29, dated 16 th April,
2012;
vii. the Balochistan Government Initial Appointment to Civil Service Posts (Age and Relaxation of Upper Age Limit), Rules,
2012, See the Balochistan Gazette (Extraordinary) No. 35, dated 25th February, 2013;
viii. the Balochistan Civil Servants (Appeal) Rules, 2013, See the Balochistan Gazette (Extraordinary) No. 34, dated 26th
February, 2013. Which repealed the earlier appeal rules i.e. Balochistan Civil Servants (Appeal) Rules, 1983; published in
the Balochistan Gazette (Extraordinary) No. 53, dated 1st March, 1983.
ix.the Balochistan Civil Servants Pension Rules, 1989, See Finance Department, Government of Balochistan’s Notification No. FD
(R) VII-1/86, dated July, 1989.
x. the Balochistan Province Civil Servants Leave Rules, 1981, See Finance Department, Government of Balochistan’s Notification
No. FD(R)- IX-2/81, dated September, 1981.
xi.the Balochistan (Basic Pay Scale) Civil Services Rules, 1983. See Finance Department, Government of Balochistan’s
Notification No. FD (R) III (40-41) 184, dated 26th December, 1984.
2
See Balochistan Ord. IV of 1982*; published in the Balochistan Gazette (Extraordinary) No. 149, dated 8 th September, 1982, and
Balochistan Ordinance III of 1983*; published in Balochistan Gazette (Extraordinary) No. 37, dated 14 th February, 1983, wherein this
provision is given in section 3. See also footnote under section 6 (1) and 7 (1).
Source: Pakistan Code, Ministry of Law and Justice (pakistancode.gov.pk). Text on this page is reproduced verbatim from the official PDF and is provided for reference only. For the authoritative version, always consult the source document or a current reported edition.
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