THE SINDH CIVIL SERVANTS ACT, 1973
(SINDH ACT NO. XIV OF 1973)
[Karachi, the 5th December, 1973]
An Act to regulate the appointment of persons to, and the terms and
conditions of service of persons in, the service of Pakistan in
connection with the affairs of the Province of Sindh.
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 Pakistan in connection with the affairs of the
Province of Sindh and provide for matters connected therewith or
ancillary thereto;
It is hereby enacted as follows:-
- Short title, application and commencement. – (1) This Act may
be called the Sindh Civil Servants Act, 1973.
(2) It applies to civil servants wherever they may be.
(3) It shall come into force at once.
CHAPTER – I
PRELIMINARY - Definitions. – (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 the recruitment
in accordance with such method;
2
*[(aa) “absorption” means the appointment of a person by way of
absorption in accordance with sub-section (2) of section 10-
A;]
(b) “civil servant” means a person who is a member of a civil
service of the Province or 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 authority; or
(ii) a person who is employed on contract, or on workcharged basis, or who is paid from contingencies; or
(iii) a person who is “worker” or “workman” as defined in
the Factories Act, 1934 (XXV of 1934), or the
Workmen’s Compensation Act, 1923 (VIII of 1923);
*[(bb) “deputation” means the posting of a person in accordance
with sub-section (1) of section 10-A;]
(c) “Government” means the Government of Sindh;
*Clause (aa) & (bb) inserted by the Sindh Civil Servants (Amdt.) Ord. 2012
(Sindh Ordinance No.VI of 2012), the Sindh Govt. Gaz., Extr. Pt. I, P No. 494, dt.
September 4, 2012. Declared ultra vires by Apex Court reported as
2013-SCMR-1752.
3
(d) “initial appointment” means appointment made otherwise
than by promotion or transfer *[or absorption];
(e) “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;
(f) “permanent post” means a post sanctioned without limit of
time;
(g) “prescribed” means prescribed by rules;
(h) “rules” means rules made or deemed to have been made
under this Act;
(i) “selection authority” means the Sindh Public Service
Commission, a departmental selection board, departmental
selection committee or other authority or body on the
recommendation of, or in consultation with which any
appointment or promotion, as may be prescribed, is made;
(j) “temporary post” means a post other than 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.
*In clause (d), inserted by the Sindh Civil Servants (Amdt.) Ord., 2012 (Sindh
Ordinance No. VI of 2012), the Sindh Govt. Gaz., Extr. Pt. I, P. No. 494, dt. September
4, 2012. Declared ultra vires by Apex Court reported as 2013-SCMR-1752.
4
CHAPTER – II
TERMS AND CONDITIONS OF
SERVICE OF CIVIL SERVANTS - Terms and conditions. – The terms and conditions of
service of a civil servant shall be as provided in this Act and the rules. - Tenure of office of civil servants. – Every civil servant
shall hold office during the pleasure of Government. - Appointments. – Appointments to a civil service of the
Province of a civil post in connection with the affairs of the Province shall
be made in the prescribed manner by Government or by a person
authorized by it in that behalf:
Provided that two per centum of such appointments shall, subject
to availability, be made from amongst the disabled persons as defined in
the Disabled Persons, (Employment and Rehabilitation) Ordinance, 1981. - 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 include 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,-
5
(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. - 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.
(2) A civil servant promoted to a post 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 benefit 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 officiating, in such service or post,
whichever is later.
6 - Seniority.- (1) For proper administration of a service, cadre
or post the appointing authority shall cause a seniority list of the
members for the time being of such service, cadre or 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 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 cadre whether serving in the same
department or office or not, as may be prescribed.
(3) Seniority on initial appointment to a service, cadre or post
shall be determined as may be prescribed.
(4) Seniority in a post, service or cadre to which a civil servant is
promoted shall take effect from the date of regular appointment of such
civil servant to that post, service or cadre:
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. - Promotion.- (1) A civil servant possessing such minimum
qualification as may be prescribed shall be eligible for promotion to a
higher post for the time being reserved under the rules for departmental
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 promotion shall be
made as may be prescribed,-
7
(a) in the case of a selection post, on the basis of
selection on merit; and
(b) in the case of a non-selection post, on the basis
of seniority-cum-fitness.
*[9-A. – (1) Notwithstanding anything contained in this Act or any
other law for the time being in force or any judgment of any court, a civil
servant who provenly exhibits the act of gallantry while performing his
duties or very exceptional performance beyond the call of duty, may be
granted out of turn promotion or award or reward by Government.] - Postings and transfers.- Every civil servant shall be liable to
serve anywhere within or outside the Province in any post under
Government, Federal Government, or any Provincial Government or local
authority, or 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 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.
*Section 9-A substituted by the Sindh Civil Servants (Second Amdt.) Ord., 2012
(Sindh Ordinance No. VII of 2012), the Sindh Govt. Gaz., Extr., Pt. I, P. No. 498, dt.
September, 5, 2012. Declared ultra vires by Apex Court reported as 2013-SCMR1752. Before substitution Section 9-A read as follows.
9-A. – Notwithstanding anything contained in this Act or any other
law for the time being in force or any judgment of any court, a civil servant
who provenly exhibits, the act of gallantry while performing his duties or
very exceptional performance beyond the call of duty, may be granted out
of turn promotion or award or reward in such manner as may be
prescribed.
8
*[10-A. (1) Notwithstanding anything contained in this Act or any
law in force or any judgment of any court, Government (C.M) shall have
and shall be deemed to always have had the power to appoint any person
on deputation basis, who is a civil servant as defined in this Act or the
Federal Civil Servants Act, 1973 or is in the service of Government or
Federal Government or autonomous, semi-autonomous body,
corporation or any organization set up, established, owned, controlled or
managed by Government, or as the case may be, the Federal
Government, against any post, in any cadre, in the civil service of the
Province or in connection with the affairs of the Province:
Provided that-
(a) such person shall possess the minimum qualifications as
may be laid down for the person to be appointed to that
post and shall be subject to provincial laws and rules
relating to disciplinary proceedings;
(b) such deputation shall be for an initial period of three
years, which may be extended only once by Government
(C.M) for a further period of two years; and
(c) the number of persons whose appointing authority is the
Federal Government or autonomous, semi-autonomous
body, corporation or any organization set up, established,
owned, controlled or managed by the Federal Government
shall not, unless otherwise directed by the Chief Minister,
exceed ten percent of the posts in any cadre of posts
sanctioned in the civil service of the Province or in
connection with the affairs of the Province.
*New section 10-A inserted by the Sindh Civil Servants (Amdt.) Ord., 2012
(Sindh Ordinance No. VI of 2012), the Sindh Govt. Gaz., Extr., Pt. I, P. No. 494, dt.
September 4, 2012. Declared ultra vires by Apex Court reported as 2013-SCMR1752.
9
(2) Notwithstanding anything contained in this Act or any law in
force or any judgment of any court, Government (C.M) shall have and
shall be deemed to always have had the power to appoint any person by
way of absorption, who is a civil servant as defined in this Act or the
Federal Civil Servants Act, 1973 or is in the service of Government or
Federal Government or autonomous, semi-autonomous body,
corporation or any organization set up, established, owned, controlled or
managed by Government or as the case may be the Federal Government,
against any post, in any cadre, in the civil service of the Province or in
connection with the affairs of the Province:
Provided that-
(a) such person shall possess the minimum qualifications as
may be laid down for the person to be appointed to that
post;
(b) such person shall be appointed to a post of equivalent or
comparable grade and if such post is not available, then
to a lower grade;
(c) previous service, if not pensionable, shall not count for
pension and gratuity unless Government (C.M) directs
otherwise;
(d) the number of persons whose appointing authority is the
Federal Government or autonomous, semi-autonomous
body, corporation or any organization set up, established
owned, controlled or managed by the Federal Government
and who are absorbed in accordance with this subsection shall not, unless otherwise directed by the Chief
Minister, exceed ten percent of the posts in any cadre of
posts sanctioned in the civil service of the Province or in
connection with the affairs of the Province.
10
(3) Notwithstanding anything contained in this Act or any law in
force or any judgment of any court, any person deputed or absorbed
against any post, in any cadre, in the civil service of the Province or in
connection with the affairs of the Province prior to the coming into force
of the Sindh Civil Servants (Amendment) Ordinance, 2012 shall be
deemed to have been validly deputed or absorbed, as the case may be, in
accordance with section 10-A.] - 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 service or cadre, but he shall be
reverted to his former 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 adhoc 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 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 service.
11
(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 adhoc shall be liable to
termination on fourteen day’s notice or pay in lieu thereof. - Reversion to a lower post. – A civil servant appointed to
a higher post adhoc or on temporary or officiating basis shall be liable to
reversion to his lower post without notice. - Retirement from service.- A civil servant shall retire from
service,-
(i) on such date after he has completed twenty
years of service qualifying for pension or other
retirement benefits as the competent authority
may, in the public interest, direct:
Provided that no civil servant shall be
retired unless he has been informed in writing of
the grounds of the action proposed to be taken
against him and has been given reasonable
opportunity of showing cause against that
action; or
(ii) where no direction is given under clause (i), on
the completion of the sixty years of his age.
Explanation.- In this section, “competent authority” means the
appointing authority or a person duly authorised by the appointing
authority in that behalf, not being a person lower in rank than the civil
servant concerned.
12 - Employment after retirement.- (1) A retired civil servant
shall not ordinarily be re-employed under Government, unless such reemployment, is necessary in the public interest and is made with prior
approval of the authority next above the appointing authority:
Provided that, where the appointing authority is Government, such
re-employment may be ordered with the approval of 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 (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.
*[(3) Notwithstanding anything contained in this Act or any law in
force or any judgment of any court, Government shall have shall be
deemed to always have had the power to appoint any retired civil servant,
whose services, in view of his expertise, are required by Government in
the public interest, for a period as deemed appropriate by Government.]
*Sub-section (3) of section 14 added by the Sindh Civil Servants (Second Amdt.)
Act, 2013 (Sindh Act No. XXIV of 2013), dt. 21st March, 2013. Declared ultra vires by
Apex Court reported as 2013-SCMR-1752.
13 - No person convicted for an offence involving moral turpitude
shall, unless Government otherwise direct, be appointed to a Civil
Service or post. - 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. - Efficiency and discipline.- A civil servant shall be liable to
prescribed disciplinary action and penalties in accordance with the
prescribed procedure. - Pay.- A civil servant appointed to a post shall be entitled, in
accordance with the rules, to the pay sanctioned for such post:
Provided that, when in exigencies of service, the appointment for
temporary period is made to higher post, the appointing authority may
direct that the appointee shall, instead of drawing the pay of such higher
post, draw the pay of the lower post he held immediately before such
appointment, with such special pay as may be prescribed, but where the
appointment is made on acting charge basis or by way of current or
additional charge the pay of the appointee shall be fixed in the prescribed
manner:
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.- A civil servant shall be allowed leave in
accordance with the leave rules applicable to him, provided that the
14
grant of leave, will depend on the exigencies of service and be at the
discretion of the competent authority. - Pension and gratuity.- (1) On retirement from service, a
civil servant shall be entitled to receive such pension or gratuity as may
be prescribed.
(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 invalidated 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 he
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 over
payment 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 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,
15
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 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 and Group Insurance.- All civil servants
and their families shall be entitled to the benefits admissible under the
Sindh Government Servants Benevolent Fund Ordinance, 1960 and the
Sindh Civil Servants Welfare Fund Ordinance, 1979, and the rules made
thereunder. - Right of appeal or representation:- (1) Where a right to
prefer an appeal or to 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.
16
1[23-A. Regularization of out of turn promotions.- (1)
Notwithstanding anything contained in any law, or order or judgment of any
Court, all out of turn promotions made immediately before the
commencement of the Sindh Civil Servants (Amendment) Act, 2013, under
section 9-A by Government or Competent Authority or otherwise by the
Police Department shall stand regularized from the dates of such
promotions.
(2) All promotions regularized under sub-section (1) above and all
notifications, proceedings, instructions or orders issued in pursuance of
such promotions are hereby affirmed and shall be deemed always to have
been validly made.
(3) A person aggrieved by any promotion regularized under subsection (1), may file an appeal in the Sindh Service Tribunal, within thirty
days of the commencement of the Sindh Civil Servants (Amendment) Act,
2013.]
2[23-B. (1) Notwithstanding anything contained in this Act or rules
made thereunder, or in any decree, order or judgment of a court, an
employee absorbed, or as the case may be, promoted under section 9-A as a
civil servant against a post in connection with the affairs of the Province and
holding such post immediately before the date of commencement of the
Sindh Civil Servants (Second Amendment) Act, 2013, shall be deemed to
have been validly absorbed, or as the case may be, promoted to that post on
regular basis with effect from the date of his absorption, or as the case may
be, promotion.
1Section 23-A inserted by the Sind Civil Servants (Amdt.) Act, 2013 (Sindh Act
No. I of 2013), the Sindh Govt. Gaz., Extr. Pt. IV, P. No. 1 dt. February 21, 2013.
Declared ultra vires by Apex Court reported as 2013-SCMR-1752.
2Section 23-B inserted by the Sindh Civil Servants (Second Amdt.) Act, 2013
(Sindh Act No. XXIV of 2013), dt. 21st March, 2013. Declared ultra vires by Apex
Court reported as 2013-SCMR-1752.
17
(2) A person aggrieved by any absorption, or as the case may be,
promotion regularized under sub-section (1), may file an appeal in the Sindh
Service Tribunal, within thirty days of the commencement of the Sindh Civil
Servants (Second Amendment) Act, 2013.]
23-C. Appointment of Federal Civil Servants.
(1) Notwithstanding anything contained in this Act, Government
may, by notification, appoint a person to a civil service of the Province or to
a post in connection with the affairs of the Province, who immediately before
the commencement of the Constitution (Eighteenth Amendment) Act, 2010
(Act No. X of 2010) was holding a post in connection with the affairs of the
Federation and whose services have been transferred to the Province in the
wake of the said Amendment Act of 2010.
(2) Government shall, in prescribed manner, determine the terms
and conditions of service of the civil servants appointed under sub-section
(1) including cadre and seniority.
CHAPTER – III
MISCELLANEOUS - Saving.- Nothing in this Act or in any rule shall be construed to
limit or abridge the power of Government 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 rules. - Removal of difficulties.- If any difficulty arises in giving effect to
any of the provisions of this Act, Government may make such order, not
inconsistent with the provisions of this Act, as may appear to be necessary for
the purposes 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.
18
CHAPTER – IV
RULES - Rules.- (1) Government or any person authorised by it in
this behalf, may make such rules as appear 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 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.