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| Governor promulgates Ordinance to amend Sindh Civil Servants Act 1973 |
Wednesday, 05 September 2012 16:08:36
Governor promulgates Ordinance to amend Sindh Civil Servants Act 1973
KARACHI, Sept 4 (APP): Sindh Governor Dr. Ishrat ul Ebad Khan
Tuesday promulgated an ordinance to amend the Sindh Civil Servants
Act 1973.
The Governor promulgated the Ordinance to safeguard the
interest of the employees of the Provincial Government and to utilize the services of competent civil servants of Federal Government in the affairs
of the Province by making provisions in the Sindh Civil Servants Act 1973. it is expedient to make suitable amendments therein.
Ordinance called the Sindh Civil Servants (Amendment) Ordinance.
2012 shall come into force at once.
"In the Sindh Civil Servants Act. 1973. hereinafter referred to
as the said Act. in section
2-
(i) After clause (a), the following shall be inserted:-
"(aa)" absorption" means the appointment of a person by way of
absorption in accordance with sub-section (2) of section 10-A;";
(ii) After clause (b) the following shall be inserted:-
"(bb)" deputation" means the posting of a person in accordance with
sub- section (1) of section 10-A;";
(iii) In clause (d), after the word " transfer", the words " or
absorption" shall be inserted.
"In the said Act, for section 9-A, the following shall be
substituted:-
"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 by government.
(C.M)."
"In the said Act, after section 10, the following new section
shall be inserted:-
"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
of Federal Government or autonomous, semi-autonomous body, corporation
or any organization set up, established, owned, controlled or managed
by Governemnt 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.
"(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
Governemnt or Federal Government or autonomous, semi-autonomous body,
corporation or any organization set up, established, owned ,
controlled or managed by governemnt 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, the to a
lower grade.
(c) Previous service, if not pensionable, shall not count for pension
and gratuity unless governemnt 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 sub- section 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.
(3) Notwithstanding anything contained in this Act or any law in
force or any judgement 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.".
5. In the said Act, in section 14, after sub-section (2), the
following new sub-section shall be added:-
"(3) Notwithstanding anything contained in this Act or any law in
force or any judgement of any court, Government (C.M) shall have and
shall be deemed to always have had the power to appoint anyretired
civil servant, whose, in view of his expertise, are required by
governemnt in the public interest, for a period as deemed appropriate
by the governemnt (C.M.).
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