NWFP Act XVIII of 1973 · 8 pages
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NWFP CIVIL SERVANTS ACT 1973 (UPDATED UPTO 20th JAN 2009) 1
THE NWFP CIVIL SERVANTS ACTS, 1973
(N.W.F.P. Act No. XVIII of 1973)
1
An Act to regulate the appointment of persons to, and the terms and conditions of
service of persons in, the service of the North West Frontier Province.
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 the North
West Frontier Province, 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
North West Frontier Province Civil Servants Act,1973.
(2) This section and section 25, shall apply to persons employed on contract,
or on work charged basis, or who are paid from contingencies, and the remaining
provisions of this Act including this section, shall apply to all civil servants wherever
they may be.
3) It shall come into force at once.
CHAPTER-I
PRELIMINARY
2. Definitions:- (1) In this Act, unless the context otherwise requires the following
expressions shall have the meanings hereby respectively assigned to them, that is to say-
(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, or who holds a civil post in connection with the affairs of the
Province, but does not include-
(i) a person who is on deputation to the Province from the Federation
or any other 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 (Act XXV of 1934), or the Workman's
Compensation Act,1923 (Act VIII of 1923);
(c) "Government" means the Government of the North-West Frontier
Province.
(d) "Initial appointment" means appointment made otherwise than by
promotion or transfer;
(e) "Pay" means the amount drawn monthly by a civil servant as pay, and
includes special pay, personal pay and any other emoluments declared by
the prescribed authority to be paid ;
(f) "Permanent post" means a post sanctioned without limit of times;
(g) "Prescribed " means prescribed by rules;
1
Published in the NWFP Government Gazette Extraordinary dated 12-11-1973 at pages 287 N-287V
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NWFP CIVIL SERVANTS ACT 1973 (UPDATED UPTO 20th JAN 2009) 2
(h) "Province "means the North West Frontier Province;
(i) "rules" means rules made or deemed to have been made under this Act ;
(j) "Selection authority" means the North-West Frontier Province Public
Service Commission, a departmental selection board, departmental
selection committee or other authority or body on the recommendations
of, or in consultation with which any appointment or promotion, as may be
prescribed, is made;
(k) "temporary post" means a post other than 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 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 Governor.
5. Appointment :- Appointment to a civil service of the Province or to a civil post
in connection with the affairs of the Province shall be made in the prescribed manner by
the Governor or by a person authorised by the Governor in that behalf.
6. Probation:- (1) An initial appointment to a service or post referred to in section
5, not being an adhoc 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 on probation as may be prescribed.
(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 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.
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NWFP CIVIL SERVANTS ACT 1973 (UPDATED UPTO 20th JAN 2009) 3
(2) A civil servant promoted to a post 1{ } 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 there-from.
(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 2{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 herein contained shall be construed to
confer any vested right to a particular seniority in such service, cadre or 4[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
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[cadre] whether serving the same department or office or not, as may be prescribed.
(3) Seniority on initial appointment to a service, 6[cadre] or post shall be
determined as may be prescribed.
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(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.”
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(5) The seniority lists prepared under sub -section(1), shall be revised and
notified in the official Gazette at least once in a calendar year, preferably in the month of
January.
9. Promotion:-(1) A civil servant possessing such minimum qualifications as may
be prescribed shall be eligible for promotion to a 9[higher] post for the time being
reserved under the rule for departmental promotion in 10{ } 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 merit; and
(b) in the case of non-selection post, on the basis of seniority-cum-fitness.
10. Posting and Transfer:- Every civil servant shall be liable to serve anywhere
within or outside the province , in any post under the Federal Government, or any
1
The words “or grade” omitted by NWFP Ordinance No. IV of 1985, Section.2
2
The word “grade” substituted by NWFP Ordinance No. IV of 1985 Section 3(a)
3
The word “grade” substituted by NWFP Ordinance No. IV of 1985 Section 3(a)
4
The word “grade” substituted by NWFP Ordinance No. IV of 1985 Section 3(a)
5
The word “grade” substituted by NWFP Ordinance No. IV of 1985 Section 3(b)
6
The word “grade” substituted by NWFP Ordinance No. IV of 1985 Section 3(c)
7
Sub section (4) of Sec-8 substituted by NWFP Ordinance No. IV of 1985 Section 3(d)
8
Sub section (5) of Sec-8 added by NWFP Act No. I of 1989
9
The word “higher” inserted by NWFP Ordinance No. IV of 1985 Section-4
10
The words “the higher grade of” omitted by NWFP Ordinance No. IV of 1985 Sec-4(b)
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NWFP CIVIL SERVANTS ACT 1973 (UPDATED UPTO 20th JAN 2009) 4
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 posts 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:
Provided that, where such civil servant is appointed by promotion on
probation or, as the case may be, is transferred from one [service], cadre or post to
another [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 2[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 post in a
cadre or grade, 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 grade.
(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 shall be liable to termination on fourteen days notice or pay in lieu
thereof.
3
11-A. Absorption of civil servants rendered surplus. Notwithstanding anything
contained in this Act, the rules made there-under, any agreement, contract or the terms
and conditions of service, a civil servant who is rendered surplus as a result of re-
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 a lower post shall remain protected”.
12. Reversion to a lower 4(post).:- A civil servant appointed to a higher post or
5
[before the commencement of the North-West Frontier Province Civil Servants
amendment) Ordinance,1985 to a higher] grade ad hoc or on temporary or officiating
basis shall be liable to reversion to his lower post 6[ ] without notice.
1
The word “grade” substituted by NWFP Ordinance No. IV of 1985 Section-5
2
The word “grade” substituted by NWFP Ordinance No. IV of 1985 Section-5
3
The new Section “11-A” inserted by NWFP Ordinance No. VI of 2001
4
The words “grade or service” substituted by NWFP Ordinance No. IV of 1985 Sec-6(a)
5
The words inserted by NWFP Ordinance No. IV of 1985 Section-6(b)
6
The words “or grade” omitted by NWFP Ordinance No. IV of 1985
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NWFP CIVIL SERVANTS ACT 1973 (UPDATED UPTO 20th JAN 2009) 5
1
12A. Certain persons to be liable to removal or reversion:- Notwithstanding
anything contained in his terms and conditions of service, a civil servant appointed or
promoted during the period from first day of January, 1972 to the fifth day of July,1977
may be removed from service or reverted to his lower post as the case may be, without
notice, by the Governor or a person authorized by him in this behalf, on such date as the
Governor or, as the case may be, the person so authorized may, in the public interest,
direct."
2 3
‘ 13. Retirement from service: - A civil servant shall retire from service-
(a) on such date after he has completed 4[twenty] years of service qualifying
for pension or other retirement benefits as the competent authority may, in
public interest, direct; or
(b) where no direction is given under clause (a), on the completion of sixtieth
year of his age.
(2) No direction under clause (a) of sub-section (I) shall be made until the
civil servant has been informed in writing of the grounds on which it is propsed to
make the direction, and has been given a reasonable opportunity of showing cause
against the said direction.
Explanation,…… In this section, the expression “competent authority” means
the appointing authority prescribed in rule 4 of the North-West Frontier Province
Civil Servants (Appointment, Promotion and Transfer) Rules, 1989.”
14. Employment after retirement:-(1) A retired civil servant shall not ordinarily be
re-employed under 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 Governor, such re-
employment may be ordered with the approval of the Governor.
(2) Subject to the provision of sub-section(1) of section 3 of the Ex-
Government Servants (Employment with Foreign Governments) (Prohibition) Act,1966
(Act 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.
15. Conduct:- The conduct of a civil servant shall be regulated by 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.
16. Disciplinary action:- A civil servant shall be liable to prescribed disciplinary
action and penalties in accordance with the prescribed procedure.
17. Pay:- A civil servant appointed to a post 5[ ]shall be entitled, in accordance with
the rules, to the pay sanctioned for such post 6[ ].
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:
1
Section-12A inserted by NWFP Ordinance No. IX of 1978 (section-2)
2
Section 13 substituted vide NWFP Civil Servants (Amendment) Act 1991(Act III of 1991)
3
Section 13 again substituted vide NWFP Civil Servants (Amendment) Ordinance 2000 (NWFP
Ordinance No. VIII of 2000).
4
The word “twenty-five” years substituted with the words “twenty” in Section 13 vide NWFP
Civil Servants (second amendments) Ordinance 2001.
5
The words “or grade” omitted by NWFP Ordinance No. IV of 1985 Section-8
6
The words “or grade” omitted by NWFP Ordinance No. IV of 1985 Section-8
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NWFP CIVIL SERVANTS ACT 1973 (UPDATED UPTO 20th JAN 2009) 6
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.
18. Leave:- A civil servant shall be allowed leave in accordance with the leave rules
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.
1
19. Pension and gratuity.—(1) On retirement from service, a civil servant appointed
on regular basis in the prescribed manner before the commencement of the North-West
Frontier Province Civil servants (Amendment) Act, 2005 (hereinafter referred to as the
said Act), shall be entitled to receive such pension or gratuity as are admissible to him
under the West Pakistan Civil Service Pension Rules:
Provided that in the event of death of such a civil servant, whether before or after
retirement, his family shall be entitled to receive such pension, or gratuity, or both, as
admissible under the said rules.
(2) A person though selected for appointment in the prescribed manner to a
service or post on or after the 1st day of July, 2001, till the commencement of the said
Act, but appointed on contract basis, shall, with effect from the commencement of the
said Act, be deemed to have been appointed on regular basis. All such persons and the
persons appointed on regular basis to a service or post in the prescribed manner after the
commencement of the said Act shall, for all intents and purposes be civil servant, except
for the purpose of pension or gratuity. Such a civil servant shall, in lieu of pension and
gratuity, be entitled to receive such amount contributed by him towards the Contributory
Provident Fund, along with the contributions made by Government to his account in the
said Fund, in the prescribed manner:
Provided that in the event of death of such a civil servant, whether before or after
retirement, his family shall be entitled to receive the said amount, if it has already not
been received by such deceased civil servant.
(3) No pension to a civil servant, who is otherwise entitled to it, shall be
admissible to him, if he is dismissed or removed from service for reasons of discipline,
but Government may sanction compassionate allowance to such civil servants, not
exceeding two-third 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:
Provided that a civil servant referred to in sub-section (2), in case of such
dismissal or removal, may, in addition to his own contributions to the Contributory
Provident Fund, be allowed, on account of such compassionate allowance, a sum not
exceeding two-third of Government contributions in his account.
(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 qualified for pension or gratuity and any over payment
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.”
20. Provident Fund:- (1) Before the expiry of the third month of every financial
year, the Accounts Officer or other officer required to maintain provident fund accounts
shall furnish to every civil servant subscribing to a provident fund the account of which
he 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.
1
Section-19 substituted by the NWFP Civil Servants (Amendment) Act 2005 (NWFP Act No.
IX of 2005) published in the NWFP Government Gazette Extraordinary dated 23rd July 2005
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NWFP CIVIL SERVANTS ACT 1973 (UPDATED UPTO 20th JAN 2009) 7
(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.
21. Benevolent Fund and Group Insurance:- All civil servants and their families
shall be entitled to the benefits admissible under the West Pakistan Government
Employees Welfare Fund Ordinance,1969 (W.P Ord.I of 1969), or the North-West
Frontier Province Government Servants Benevolent Fund Ordinance,1972 (NWFP
Ordinance VII of 1972), and the rules made thereunder.
22. Right of Appeal or Representation:- (1) Where a right to prefer an appeal or
apply for review in respect of any order relating to the terms and conditions of his service
is provided to a civil servant under any rules 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 or grade.
CHAPTER-III
MISCELLANEOUS
23. Saving:- Nothing in this Act or in any rule shall be construed to limit or abridge
the power of the Governor to deal with the case of any civil servant 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 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 rules.
1
23-A Indemnity.- No suit, prosecution or other legal proceedings shall lie against a civil
servant for any thing done or intended to be done in good faith in his official capacity
under this Act or the rules, instructions or direction made or issued there-under.
2
23-B. Jurisdiction barred.—Save as provided under this Act and the Service Tribunal
Act, 1974 (NWFP Act No.1 of 1974), 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.”
24. Removal of difficulties:- If any difficulty arises in giving effect to any of the
provisions of this Act, the Governor 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
the difficulty:
Provided that no such power shall be exercised after the expiry of one year from
the coming into force of this Act.
25. Appointment of persons on contract, etc:- The Governor or any person
authorised by the Governor in that behalf may, on such terms and conditions as he may
specify in each case, appoint persons on contract basis, or on work-charged basis, or who
are paid out of contingencies:
1
Section-23A inserted vide NWFP Ordinance No. XIV of 2002.
2
Section-23B inserted vide NWFP Ordinance No. XIV of 2002.
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NWFP CIVIL SERVANTS ACT 1973 (UPDATED UPTO 20th JAN 2009) 8
Provided that all such employees who were working in any such capacity
immediately before the commencement of this Act shall continue to be so employed on
the same terms and conditions on which they were appointed.
1
26. Rules:- (1) The Governor or any person authorized by the Governor in this
behalf, may make such rules as appear to him to be necessary or expedient for carrying
out the purposes of this 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.
27. Repeal:- The North-West Frontier Province Civil servants Ordinance, 1973
(NWFP Ordinance No.VI of 1973), is hereby repealed.
1
The Governor NWFP has authorized the Chief Minister NWFP to make rules vide
Notification No. SOR-I(S&GAD)1-206/74/Vol-V, dated 18-04-1989 which reads as under:-
“ In exercise of the powers conferred by sub Section (1) of Section-26 of the NWFP Civil
Servants Act 1973 (NWFP Act No. XVIII of 1973), the Governor of the NWFP is pleased to
authorize the Chief Minister NWFP to make rules for carrying out of the purpose of the said
Act”
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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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