THE PUNJAB CIVIL SERVANTS ACT, 1974
GOVERNMENT OF THE PUNJAB FINANCE DEPARTMENT
THE PUNJAB CIVIL SERVANTS ACT, 1974
(Pb Act VIII of 1974)
C O N T E N T S
CHAPTER I
PRELIMINARY
1. Short title, application and commencement.
2. Definitions.
CHAPTER II
TERMS AND CONDITIONS OF
SERVICE OF CIVIL SERVANTS
3. Terms and conditions.
4. Appointments.
5. Probation.
6. Confirmation.
7. Seniority.
8. Promotion.
8-A. [Omitted].
9. Postings and transfers.
10. Termination of service.
11. Reversion to a lower post.
11-A. Certain persons to be liable to removal or reversion.
12. Retirement from service.
13. Employment after retirement.
14. Conduct.
15. Efficiency and discipline.
16. Pay.
17. Leave.
18. Pension and gratuity.
19. Provident fund.
20. Benevolent Fund and Group Insurance.
21. Right of appeal or representation.
CHAPTER III
MISCELLANEOUS
22. Saving.
22A. Indemnity.
22B. Jurisdiction barred.
CHAPTER IV
RULES
23. Rules.
24. Repeal of Punjab Ordinance No. II of 1974.
1[1]THE PUNJAB CIVIL SERVANTS ACT, 1974
(Pb Act VIII of 1974)
[4 June 1974]
An Act to regulate the appointment to, and the terms and conditions of service in respect of the
services of the Province of the Punjab.
Preamble.– WHEREAS it is expedient to regulate by law, the appointment to, and the terms and
conditions of the services of the Province of the Punjab, and to provide for matters connected
therewith or ancillary thereto;
It is hereby enacted as follows:-
1. Short title, application and commencement.– (1) This Act may be called the Punjab
Civil Servants Act, 1974.
(2) It applies to all civil servants wherever they may be.
(3) It shall come into force at once.
1[1]This Act was passed by the Punjab Assembly on 29th May, 1974; assented to by the Governor of the Punjab on 4th June, 1974; and, published in
the Punjab Gazette (Extraordinary), dated 4th June, 1974, pages 751-A to 751-I.
CHAPTER I
PRELIMINARY
2. Definitions.– (1) 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;
(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;
(f) “permanent post” means a post sanctioned without limit of time;
(g) “prescribed” means prescribed by rules;
2[2][(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.
(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;
(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.
(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.
2[2]Added by the Punjab Civil Servants (Amendment) Act 2005 (III of 2005).
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.
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.
(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,–
(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.
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[3][* * *] on probation shall, on satisfactory
completion of his probation, be confirmed in such post 4[4][* * *] as may be prescribed.
(3) A civil servant promoted to a post 5[5][* * *] 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, 6[6][* * *] or post shall be
determined in the prescribed manner.
7[7][(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:
3[3]Omitted by the Punjab Civil Servants (Amendment) Ordinance, 1984 (II of 1984).
4[4]Ibid.
5[5]Ibid.
6[6]Ibid.
7[7]Substituted by the Punjab Civil Servants (Amendment) Ordinance, 1984 (II of 1984).
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 8[8][service or cadre] the appointing authority shall
from time to time cause a seniority list of the members of such 9[9][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[10][service or cadre], whether serving in
the same department or office or not, shall be determined in such manner as may be prescribed.
11[11][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.
(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.
(6) A post referred to in sub-section (1) may either be a selection post or a nonselection
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.]
12[12][* * * * * * * *]
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:
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 13[13][service],
cadre, or post to another 14[14][service], cadre or post his service shall not be terminated
8[8]Ibid.
9[9]Ibid.
10[10]Ibid.
11[11]Substituted by the Punjab Civil Servants (Amendment) Act 2005 (III of 2005).
12[12]Section “8-A Out of turn promotion, etc.” added by the Punjab Civil Servants (Amendment) Act, 1987 (VI of 1987) and omitted by the
Punjab Civil Servants (Amendment) Act 2006 (X of 2006).
13[13]Substituted by the Punjab Civil Servants (Amendment) Ordinance, 1984 (II of 1984).
14[14]Ibid.
so long as he holds a lien against his former post, 15[15][service] or cadre, and he shall be
reverted to his former 16[16][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.
(2) In the event of a post being abolished or number of posts in a cadre or
17[17][service] being reduced the services of the most junior person in such cadre or 18[18][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.
11. Reversion to a lower 19[19][post].– A civil servant appointed to a higher post or 20[20][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 21[21][* * *]
without notice.
22[22][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 23[23][* * *] 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.]
24[24][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.
(2) No direction under clause (i) of sub-section (1) shall be made until the Civil
Servant has been informed in writing of the 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.]
15[15]Ibid.
16[16]Ibid.
17[17]Ibid.
18[18]Ibid.
19[19]Ibid.
20[20]Added ibid.
21[21]Omitted by the Punjab Civil Servants (Amendment) Ordinance, 1984 (II of 1984).
22[22]Added by the Punjab Civil Servants (Amendment) Ordinance, 1978 (IX of 1978).
23[23]Deleted by the Punjab Civil Servants (Amendment) Ordinance, 1984 (II of 1984).
24[24]Substituted by the Punjab Civil Servants (Amendment) Ordinance 2001 (XIV of 2001). Under Article 4 of the Provisional Constitution
(Amendment) Order 1999 (9 of 1999), it will remain in force notwithstanding the maximum limit of three months prescribed under Article 128 of the
Constitution of the Islamic Republic of Pakistan.
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.
(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 25[25][* * *] shall be entitled, in accordance with
the rules, to the pay sanctioned for such post 26[26][* * *]:
Provided that, when the appointment is made on a 27[27][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:
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.
(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.
(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
25[25]Deleted by the Punjab Civil Servants (Amendment) Ordinance, 1984 (II of 1984).
26[26]Ibid.
27[27]Substituted by the Punjab Civil Servants (Amendment) Ordinance, 1983 (I of 1983).
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.
(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 Pakistan28[28] Government Servants Benevolent
Fund Ordinance, 1960 and the West Pakistan29[29] 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.
(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:
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 30[30][* * *].
28[28]Now ‘Punjab’, see the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. I of 1974).
29[29]Ibid.
30[30]Deleted by the Punjab Civil Servants (Amendment) Ordinance, 1984 (II of 1984).
CHAPTER III
MISCELLANEOUS
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.
31[31][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.]
32[32][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.]
31[31]Added by the Punjab Civil Servants (Amendment) Ordinance, 2002 (XXVII of 2002), which will remain in force under the Provisional
Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
32[32]Ibid.
CHAPTER IV
RULES
23. 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.