The Balochistan Civil Servants ACT, 1974: Sections
The Balochistan Civil Servants ACT, 1974: Sections
The Balochistan Civil Servants ACT, 1974: Sections
ACT, 1974
CONTENTS
SECTIONS
Preamble.
CHAPTER I – PRELIMINARY
2. Definitions.
5. Appointments.
5-A. Absorption.
6. Probation.
7. Confirmation.
8. Seniority.
9. Promotion.
12-A. (Omitted)
17. Pay.
18. Leave.
23. Saving.
CHAPTER IV – RULES
25. Rules.
Validations.
1
THE BALOCHISTAN2 CIVIL SERVANTS
ACT, 1974
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
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.
Tenure of office of 4. Every civil servant shall hold office during the pleasure
civil servants. of the Government of Balochistan.
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.]
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.]
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.
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.]
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.
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.
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
[******].
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).