THE PUNJAB CIVIL SERVANTS ACT, 1974

(Act VIII of 1974)

CONTENTS

SECTION HEADING
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
(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.

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.
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.

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 authorized 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.

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]
[(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 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
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.]
12[12]
[(7) Notwithstanding anything contained in this section, if a civil servant dies or
superannuates after the selection authority recommends his promotion to a higher post
and before he assumes the charge of the higher post, the competent authority may
approve promotion of such a civil servant with effect from the day immediately before
the day of his death or superannuation.]
13[13]
[* * * * * * * * * * * * * *]

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

7[7]
Substituted by the Punjab Civil Servants (Amendment) Ordinance, 1984 (II of 1984).
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]
Inserted by the Punjab Civil Servants (Amendment) Act 2011 (XLV of 2012).
13[13]
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).
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 14[14][service], cadre, or post to another 15[15][service],
cadre or post his service shall not be terminated so long as he holds a lien
against his former post, 16[16][service] or cadre, and he shall be reverted to
his former 17[17][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
18[18]
[service] being reduced the services of the most junior person in such cadre or
19[19]
[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 20[20][post].– A civil servant appointed to a higher post or

21[21]
[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 22[22][* * *] without notice.
23[23]
[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 24[24][* * *] without notice, by the Governor of the Punjab or a person authorized
by him in this behalf, on such date as the Governor of the Punjab or, as the case
may be, the person so authorized may, in the public interest, direct.]
25[25]
[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.

14[14]
Substituted by the Punjab Civil Servants (Amendment) Ordinance, 1984 (II of 1984).
15[15]
Ibid.
16[16]
Ibid.
17[17]
Ibid.
18[18]
Ibid.
19[19]
Ibid.
20[20]
Ibid.
21[21]
Added ibid.
22[22]
Omitted by the Punjab Civil Servants (Amendment) Ordinance, 1984 (II of 1984).
23[23]
Added by the Punjab Civil Servants (Amendment) Ordinance, 1978 (IX of 1978).
24[24]
Deleted by the Punjab Civil Servants (Amendment) Ordinance, 1984 (II of 1984).
25[25]
Substituted by the Punjab Civil Servants (Amendment) Ordinance 2001 (XIV of 2001). Under Article 5A of the Provisional Constitution Order 1999 (I of
1999), as amended, read with Article 270AA of the Constitution of the Islamic Republic of Pakistan, 1973, it shall not be subject to any limitation as to duration
prescribed in the Constitution.
 (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.]
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 26[26][* * *] shall be entitled, in

accordance with the rules, to the pay sanctioned for such post 27[27][* * *]:
Provided that, when the appointment is made on a 28[28][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
26[26]
Deleted by the Punjab Civil Servants (Amendment) Ordinance, 1984 (II of 1984).
27[27]
Ibid.
28[28]
Substituted by the Punjab Civil Servants (Amendment) Ordinance, 1983 (I of 1983).
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 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 Pakistan 29[29]
Government Servants Benevolent Fund Ordinance, 1960 and the West
Pakistan 30[30] 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 31[31][* * *].

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.

29[29]
Now ‘Punjab’, see the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. I of 1974).
30[30]
Ibid.
31[31]
Deleted by the Punjab Civil Servants (Amendment) Ordinance, 1984 (II of 1984).
32[32]
[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.]
33[33]
[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
23. Rules.– (1) The Governor, or any person authorized 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.

32[32]
Added by the Punjab Civil Servants (Amendment) Ordinance, 2002 (XXVII of 2002). Under Article 5A of the Provisional Constitution Order
1999 (I of 1999), as amended, read with Article 270AA of the Constitution of the Islamic Republic of Pakistan, 1973, it shall not be subject to any
limitation as to duration prescribed in the Constitution.
33[33]
Ibid.