Category: Property

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:-

1. 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
2. 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
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 Government.
5. 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.
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 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.
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.
   (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
8. 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.
9. 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,-
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   (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.]
10. 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.]
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 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.
12. 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.
13. 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
14. 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
15. No person convicted for an offence involving moral turpitude
    shall, unless Government otherwise direct, be appointed to a Civil
    Service or post.
16. 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.
17. Efficiency and discipline.- A civil servant shall be liable to
    prescribed disciplinary action and penalties in accordance with the
    prescribed procedure.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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
24. 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.
25. 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
26. 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.