Punjab Civil Servants Act,

1974

Presented By
Ali Hussain
Faculty Member
Pakistan Audit and Accounts Academy, Islamabad
Cell: 03215090133
 CHAPTERS
1- PRELIMINARY
2- TERMS AND CONDITIONS OF SERVICE OF
CIVIL SERVANTS
3- MISCELLANEOUS
4- RULES
 PRELIMINARY

• 1. Short title, application and commencement.

2. Definitions.
 TERMS AND CONDITIONS OF SERVICE
OF CIVIL SERVANTS
3. Terms and conditions. 9. Postings and transfers.
4. Appointments. 10. Termination of service.
5. Probation. 11. Reversion to a lower
6. Confirmation. post.
7. Seniority. 11-A. Certain persons to
8. Promotion. be liable to removal or
reversion.
8-A. [Omitted].
TERMS AND CONDITIONS OF SERVICE
OF CIVIL SERVANTS
12. Retirement from 17. Leave.
service. 18. Pension and gratuity.
13. Employment after 19. Provident fund. 20.
retirement. Benevolent Fund and
14. Conduct. Group Insurance.
15. Efficiency and 21. Right of appeal or
discipline. representation
 MISCELLANEOUS
22. Saving.
22A. Indemnity.
22B. Jurisdiction barred.
 RULES
23. Rules.
24. Repeal of Punjab Ordinance No. II of 1974.
 Short title, application and
commencement.
This Act may be called the Punjab Civil Servants
Act, 1974.
(2) It applies to all civil servants wherever they
may be.
(3) It shall come into force at once.
 Definitions
• In this Act, unless there is anything repugnant in the subject or context,–

a) “ad hoc 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 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 (XXV of 1934) or the Workmen’s Compensation Act, 1923 (VIII of 1923); (c)
“Government” means the Government of the Punjab; (d) “initial recruitment” means
appointment made otherwise than by promotion or transfer;
 Definitions
(c) “Government” means the Government of
the Punjab;
(d) “initial recruitment” means appointment
made otherwise than by promotion or transfer;
(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 as pay by the prescribed
authority;
 Definitions
(f) “permanent post” means a post
sanctioned without limit of time;
(g) “prescribed” means prescribed by rules;
(g-a) “proforma promotion” means
predating of promotion of civil servant or retired
civil servant with effect from the date of regular
promotion of his junior, for the purpose of
fixation of pay and payment of arrears as may be
prescribed.
 Definitions
(g-b) “promotion” means appointment of a
civil servant to a higher post in the service or
cadre to which he belongs.
(h) “province” means the Province of the
Punjab; (i) “rules” means the rules made or
deemed to have been made under this Act;
 Definitions
(j) “selection authority” means the Punjab
Public Service Commission, 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; and
(k) “temporary post” means a post other than
a permanent post.
 Section (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. Appointments.– 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 him in
that behalf.
 CHAPTER II
5. Probation.–
(1) An initial appointment to a service or post
referred to in section 4, not being an ad hoc
appointment, shall be on such probation and for
such period of 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 such probation and for such period of
probation as may be prescribed.
 CHAPTER II
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 the course or the training shall, except
as may be prescribed otherwise,–
 CHAPTER II
(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.
 CHAPTER II
6. Confirmation.–
(1) A person appointed on probation shall, on satisfactory
completion of his probation, be eligible for confirmation in
a service or a post as may be prescribed.
(2) A civil servant promoted to a post [3] [* * *] on probation
shall, on satisfactory completion of his probation, be
confirmed in such post as may be prescribed.
(3) A civil servant promoted to a post on regular basis shall be
confirmed after rendering satisfactory service for such period
as may be prescribed.
4) There shall be no confirmation against any temporary post.
(5) A civil servant who, during the period of his service,
was eligible for confirmation in any service or against any
post, retires from service before confirmation shall not,
merely by reason of such retirement, be refused
confirmation in such service or against such post or any
benefits accruing therefrom.
(6) Confirmation of a civil servant in a service or against a
post shall take effect from the date of the occurrence of a
permanent vacancy in such service or against such post or
from the date of continuous officiation, in such service or
against such post, whichever is later.
 7. Seniority
(1) Seniority on initial appointment to a service, cadre, or post shall
be determined in the prescribed manner.
(2) 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 in the lower post.
(3) For proper administration of a service or cadre the appointing
authority shall from time to time cause a seniority list of the
members of such service or cadre to be prepared.
(4) ) Subject to the provisions of sub-section (3), the seniority of a
civil servant in relation to other civil servants belonging to the
same [10] [service or cadre], whether serving in the same
department or office or not, shall be determined in such manner
as may be prescribed.
 8. Promotion
(1) A civil servant shall be eligible to be considered for
appointment by promotion to a post reserved for
promotion in the service or cadre to which he belongs
in a manner as may be prescribed; provided that he
possesses the prescribed qualifications.
(2) Promotion including proforma promotion shall not
be claimed by any civil servant as of right.
(3) Promotion shall be granted with immediate effect
and be actualized from the date of assumption of
charge of the higher post, and shall in no case be
granted from the date of availability of post reserved
for promotion.
 8. Promotion
(4) A civil servant shall not be entitled to
promotion from an earlier date except in the
case of proforma promotion.
(5) A retired civil servant shall not be eligible for
grant of promotion; provided that he may be
considered for grant of proforma promotion as
may be prescribed.
 8. Promotion
(6) 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
follows:-
(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.]
 9. Postings and transfers
Every civil servant shall be liable to serve
anywhere within or outside the province in any
post under the Government of the Punjab or the
Federal Government or any Provincial
Government or a local authority or a
corporation or a body set up or established by
any such Government:
 9. Postings and transfers
Provided 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 has not been
so required to serve.
 10. 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 and promoted on
probation from one service, cadre, or post to another service,
cadre or post his service shall not be terminated so long as he
holds a lien against his former post, service or cadre, and he shall
be reverted to his former service, or as the case may be, cadre or
post;
(ii) if the appointment is made on ad hoc basis liable to termination
on the appointment of a person on the recommendation of the
selection authority, on the appointment of such person.
 10. Termination of service
(2) In the event of a post being abolished or
number of posts in a cadre or service being reduced
the services of the most junior person in such cadre
or service shall be terminated.
(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 on ad hoc basis shall be
liable to termination on thirty days notice or pay in
lieu thereof.
 Reversion to a lower post
A civil servant appointed to a higher post or
before the commencement of the Punjab Civil
Servants (Amendment) Ordinance, 1984, to a
higher grade on ad hoc or officiating basis, shall
be liable to reversion to his lower post without
notice.
 11-A. 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 the first day of
January, 1972 to the fifth day of July, 1977, may be
removed from service or reverted to his lower post
without notice, by the Governor of the Punjab or a
person authorised by him in this behalf, on such
date as the Governor of the Punjab or, as the case
may be, the person so authorised may, in the public
interest, direct.
 12. Retirement from service
(1) 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 public interest, direct; or
(ii) where no direction is given under clause (i)
on the completion of the sixtieth year of his age.
 12. Retirement from service
(2) No direction under clause (i) of sub-section
(1) shall be made until the Civil Servant has been
informed in writing ofthe grounds on which it is
proposed to make the direction and has been
given a reasonable opportunity of showing
cause against the said direction. Explanation– In
this section, “competent authority” means the
appointing authority prescribed in rule 6 of the
Punjab Civil Servants (Appointment and
Conditions of Service) Rules, 1974.]
 13. Employment after retirement
(1) A retired civil servant shall not be re-
employed under the Government unless such
re-employment is necessary in the public
interest and is made, except where the
appointing authority is the Governor, with the
prior approval of the authority next above the
appointing authority.
 13. Employment after retirement
(2) Subject to the provisions of sub-section (1) of
section 3 of the Ex-Government Servants
(Employment with the Foreign Governments)
(Prohibition) Act, 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, he shall obtain
the prior approval of the prescribed authority.
 14. Conduct.
The conduct of a civil servant shall be regulated
by rules made by Government or a prescribed
authority, whether generally or in respect of a
specified group or class of civil servants.
 15. Efficiency and discipline
A civil servant shall be liable to such disciplinary
action and penalties and in accordance with
such procedure as may be prescribed
 16. 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 the appointment is made
on a current charge or acting charge basis in the
manner prescribed] or by way of additional
charge, his pay shall be fixed in the prescribed
manner:
 16. Pay
Provided further that where a civil servant has
been dismissed or removed from service or
reduced in rank, he shall, in the event of the
order of dismissal, removal from service or
reduction in rank being set aside, be entitled to
such arrears of pay as the authority setting aside
the order may determine.
 17. Leave
A civil servant shall be allowed leave in
accordance with the leave rules applicable to
him; provided that the grant of leave shall
depend on the exigencies of service and shall be
at the discretion of the competent authority.
 18. 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 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.
 18. Pension and gratuity
(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 servant, not exceeding two-thirds of the
pension or gratuity, which would have been
admissible to him if he had been by bodily or
mental infirmity incapacitated for further service
on the date of such dismissal or removal.
 18. Pension and gratuity
(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 upon such
provisional payment shall be adjusted against the
amount of pension or gratuity finally determined as
payable to such civil servant or his family.
 19. 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.
 19. Provident fund
(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.
 20. Benevolent Fund and Group
Insurance
All civil servants and their families shall be
entitled to the benefits admissible under the
West Pakistan Government Servants Benevolent
Fund Ordinance, 1960 and the West Pakistan
Government Employees Welfare Fund
Ordinance, 1969 and the rules made thereunder
 21. 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 allowed to
a civil servant by any rules applicable to him,
such appeal or application shall, except as may
otherwise be prescribed, be made within sixty
days of the communication to him of such order.
 21. Right of appeal or representation
(2) Where no provision for appeal or review
exists in the rules in respect of any order, a civil
servant aggrieved by any such order may, except
where such order is made by the Governor,
within sixty 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:
 21. Right of appeal or representation
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
 CHAPTER III
22. 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 rule.
 22A. Indemnity
No suit, prosecution or other legal proceedings
shall lie against a civil servant for anything done
in his official capacity which is in good faith done
or intended to be done under this Act or the
rules, instructions or directions made or issued
thereunder.
 22B. Jurisdiction barred.
Save as provided under this Act and the Punjab
Service Tribunals Act, 1974 (IX 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
 CHAPTER IV
RULES
(1) The Governor, or any person authorised 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.
 24. Repeal of Punjab Ordinance No. II
of 1974.
The Punjab Civil Servants Ordinance, 1974
(Punjab Ordinance No. II of 1974), is hereby
repealed.
 ?
THANKS