An Act to regulate the appointment of persons to, and the terms and conditions of service of persons in, the service of Pakistan in connection with the affairs of the Province of Sindh.
WHEREAS it is expedient to regulate by law, the appointment of persons to, and the terms and conditions of service of persons in the service of Pakistan in connection with the affairs of the Province of Sindh and provide for matters connected therewith or ancillary thereto;
It is hereby enacted as follows:—
1. Short title and commencement.
(1) This Act may be called The Sindh Civil Servants Act, 1973.
(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) “adhoc appointment” means appointment of a duly qualified person made otherwise than in accordance with the prescribed method of recruitment, pending the recruitment in accordance with such method;
(b) “civil servant” means a person who is a member of a civil service of the Province or 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; 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 Workmen’s Compensation Act, 1923 (VIII of 1923);
(c) “Government” means the Government of Sindh;
(d) “initial appointment” 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 by the prescribed authority to be pay;
(f) “permanent post” means a post sanctioned without limit of time;
(g) “prescribed” means prescribed by rules;
(h) “rules” means rules made or deemed to have been made under this Act;
(i) “selection authority” means the Sindh Public Service Commission, a 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;
(j) “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.
CHAPTER II
TERMS AND CONDITIONS OF SERVICE OF CIVIL SERVANTS
3. Terms and condition.
The terms and conditions of service of a civil servant shall be as provided in this Act and the rules.
4. Tenure of office of civil servants.
Every civil servant shall hold office during the pleasure of Government.
5. Appointments.
Appointments to a civil service of the Province or a civil post in connection with the affairs of the Province shall be made in the prescribed manner by Government or by a person authorized by it in that behalf 1[:]1
2[“
Provided that 3[***]3 4[“Five percent”]4 of such appointments 5[***]5 shall, subject to availability, be made from amongst the disabled persons as defined in the Disabled Persons: (Employment and Rehabilitation) Ordinance, 1981”]26[:]6
7[“Provided further that 0.5% of such appointments in basic pay scale 15 and below shall, subject to availability, be made from amongst the transgenders after getting them medically examined and certified by the Standing Medical Board.”]7
6. Probation.
(1) An initial appointment to a service or post referred to in section 5, not being an adhoc appointment, shall be on 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 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 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:
Provided that, in the case of initial appointment to a service or post, a civil servant shall not be deemed to have completed his period of probation satisfactorily until his character and antecedents have been verified as satisfactory in the opinion of the appointing authority.
7. Confirmation.
(1) A person appointed on probation shall, on satisfactory completion of his probation, be eligible for confirmation in a service or, as the case may be, a post as may be prescribed.
(2) A civil servant promoted to a post 8[***]8 on regular basis shall be eligible for confirmation after rendering satisfactory service for the period prescribed for confirmation therein.
(3) There shall be no confirmation against any temporary post.
(4) A civil servant who, during the period of his service, was eligible to be confirmed in any service or against any post retires from service before being confirmed shall not, merely by reason of such retirement, be refused confirmation in such service or post or any benefits accruing there from.
(5) Confirmation of a civil servant in a service or post shall take effect from the date of occurrence of permanent vacancy in that service or post or from the date of continuous officiation, in such service or post, whichever is later.
8. Seniority.
(1) For proper administration of a service, cadre or 9[“post”]9, the appointing authority shall cause a seniority list of the members for the time being of such service, cadre or [“post”] to be prepared, but nothing herein contained shall be construed to confer any vested right to a particular seniority in such service, cadre or [“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 service or 10[“cadre”]10, whether serving in the same department or office or not, as may be prescribed.
(3) Seniority on initial appointment to a service, [“cadre”] or post shall be determined as may be prescribed.
11[“(4) Seniority in a post, service or cadre to which a civil servant is promoted shall take effect from the date of regular appointment of such civil servant to that post, service or cadre:
Provided that civil servant 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 as in the lower post.”]11
9. Promotion.
(1) A civil servant possessing such minimum qualifications as may be prescribed shall be eligible for promotion to a 12[“higher”]12 post for the time being reserved under the rules for departmental promotion in 13[***]13 the service or cadre to which he belongs.
(2) 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 may be prescribed-
(a) in the case of a selection post, on the basis of selection on merit; and
(b) in the case of a non-selection post, on the basis of seniority cum-fitness.
14[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 in such manner as may be prescribed.”]14
10. Posting and transfers.
Every civil servant shall be liable to serve anywhere within or outside the Province in any post under Government, Federal Government, or any Provincial Government or local authority, or corporation or body set up or established by any such Government.
Provided that nothing contained in this section 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.
11. 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 from one 15[“service”]15, cadre or post to another [“service”], cadre or post, his service shall not be so terminated so long as he holds a lien against his former post in such [“service”] or cadre, but he shall be reverted to his former [“service”], cadre or post, as the case may be;
(ii) on the expiry of the initial or extended period of his employment; or
(iii) if the appointment is made adhoc terminable on the appointment of a person on the recommendation of the selection authority, on the appointment of such person.
(2) Where, on the abolition of a post or reduction in the number of posts in a cadre or [“service”], the services of a civil servant are required to be terminated, the person whose services are terminated shall ordinarily be the one who is the most junior in such cadre or [“service”]
(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 adhoc shall be liable to termination on fourteen days’ notice or pay in lieu thereof.
12. Reversion to a lower post.
A civil servant appointed to a higher post 16[***]16 adhoc or on temporary or officiating basis shall be liable to reversion to his lower post [***] without notice.
13. Retirement from service.
17[“(1) A civil servant shall retire from service—
(i) on such date after he has completed twenty years of service qualifying for pension of other retirement benefits or twenty years of service participating in Defined Contribution Pension Scheme or other retirement benefits, as the case may be, as the competent authority, in the public interest, direct:
Provided that no civil servant shall be retired unless he has been informed in writing of the grounds of the action proposed to be taken against him and has been given reasonable opportunity of showing cause against that action; or
(ii) Where no direction is given under clause (i)-
(a) on the completion of the sixty years of his age; or
29[“(b) voluntarily, on completion of twenty-five years of qualifying service or attaining the age of fifty-five years, whichever is later, subject to imposition of such reduction factor, as may be prescribed by rules.”]29
(2) A Civil servant appointed on regular basis in the prescribed manner, on or after the commencement of the Sindh Civil Servants (Amendment) Act, 2024, shall upon retirement from service be entitled to benefits; as prescribed in the Defined Contribution Pension Rules to be framed by the Government.”]17
14. Employment after retirement.
(1) A retired civil servant shall not ordinarily be re-employed under 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 Government, such re-employment may be ordered with the approval of Government.
(2) Subject to the provision of sub-section (1) of section 3 of the Ex-Government Servants (Employment with Foreign Governments) (Prohibition) Act, 1966 (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.
18[“(3) Notwithstanding anything contained in this Act or any law in force or any judgment of any court, Government shall have and shall be deemed to always have had the power to appoint any retired civil servant, whose services, in view of his expertise, are required by Government in the public interest, for a period as deemed appropriate by Government.”]18
15.
No person convicted for an offence involving moral turpitude shall, unless Government otherwise direct, be appointed to a Civil Service or post.
16. Conduct.
The conduct of a civil servant shall be regulated by rules made, or instructions issued, by Government or a prescribed authority, whether generally or in respect of a specified group or class of civil servants.
17. Efficiency and discipline.
A civil servant shall be liable to prescribed disciplinary action and penalties in accordance with the prescribed procedure.
18. Pay.
A civil servant appointed to a post 19[***]19 shall be entitled, in accordance with the rules, to the pay sanctioned for such post 20[***]20:
21[“
Provided that, when in exigencies of service, the appointment for temporary period is made to higher post or grade, the appointing authority may direct that the appointee shall, instead of drawing the pay of such higher post or grade, draw the pay of the lower post or grade he held immediately before such appointment, with such special pay as may be prescribed, but where the appointment is made on 22["acting charge basis or by way of current or additional charge”]22 the pay of the appointee shall be fixed in the prescribed manner.”]21
19. Leave.
A civil servant shall be allowed leave in accordance with the leave rules applicable to him,
Provided that the grant of leave will depend on the exigencies of service and be at the discretion of the competent authority.
20. Pension and gratuity.
23[“(1) On retirement from service, a civil servant, appointed on regular basis in the prescribed manner, before the commencement of the Sindh Civil Servants (Amendment) Act, 2024, shall be entitled to receive such pension or gratuity as are admissible to him under the pension rules for the time being in force.
(2) In the event of the death of a civil servant, appointed on regular basis in the prescribed manner, before the commencement of the Sindh Civil Servants (Amendment) Act, 2024, 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, appointed on regular basis in the prescribed manner, before the commencement of the Sindh Civil Servants (Amendment) Act, 2024, who is dismissed or removed form service for reasons of discipline; provide that 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 invalidated 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 appointed on regular basis in the prescribed manner, before the commencement of this Sindh Civil Servants (Amendment) Act, 2024, 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 over payment 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.
(5) A person appointed or regularized, regardless of the effective date of regularization in case of the later, as civil servant on or after the commencement of the Sindh Civil Servant (Amendment) Act, 2024, shall, for all intents and purposes, be civil servant, except for the purpose of pension and gratuity; and he shall participate in a Defined Contribution Pension Scheme as may be prescribed. Such a civil servant shall, in lieu of pension and gratuity, be entitled to receive such amount contributed by him towards the Contribution Pension Fund, along with the contributions, made by Government to his account in the said Fund, in the prescribed manner.
Provided that in the event of death of such civil servant, whether before or after his retirement, his family shall be entitled to receive the amount of Contribution Pension Fund, as prescribed in the Defined Contribution Pension Rules to be framed by the Government.”]23
21. 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 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.
24[22. Benevolent Fund and Group Insurance.
All civil servants and their families shall be entitled to the benefits admissible under the Sindh Government Benevolent Fund Ordinance, 1960 and the Sindh Civil Servants Welfare Fund Ordinance, 1979, and the rules made thereunder.”]24
23. 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 provided to a civil servant under any rules 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 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 25[***]25.
26[23-A. 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.”]26
27[23-B. Jurisdiction barred.
(1) Notwithstanding anything contained in this Act, or rules made thereunder, or in any decree, order or judgment of a court, an employee absorbed, or as the case may be, promoted under section 9-A as a civil servant against a post in connection with the affairs of the Province and holding such post immediately before the date of commencement of the Sindh.
Civil Servants (Second Amendment) Act, 2013 shall be deemed to have been validly absorbed, or as the case may be, promoted to that post on regular basis with effect from the date of his absorption, or as the case may be, promotion.
(2) A person aggrieved by any absorption, or as the case may be, promotion regularized under sub-section (1), may file an appeal in the Sindh Service Tribunal, within thirty days of the commencement of the Sindh Civil Servants (Second Amendment) Act, 2013.”]27
28[23-C. Appointment of Federal Civil Servants.
(1)Notwithstanding anything contained in this Act, Government may, by notification, appoint a person to a civil service of the Province or to a post in connection with the affairs of the Province, who immediately before the commencement of the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010) was holding a post in connection with the affairs of the Federation and whose services have been transferred to the Province in the wake of the said Amendment Act, of 2010.
(2) Government shall, in prescribed manner, determine the terms and conditions of service of the civil servants appointed under subsection (1) including cadre and seniority.”]28
CHAPTER III
MISCELLANEOUS
24. Saving.
Nothing in this Act or in any rule shall be construed to limit or abridge the power of Government to deal with case of any civil servant in such manner as may appear to it 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 within any manner less favorable to him than that provided by this Act or such rule.
25. Removal of Difficulties.
If any difficulty arises in giving effect to any of the provisions of this Act, Government may make such order, not inconsistent with the provisions of this Act, as may appear to it to be necessary for the purpose of removing the difficulty:
Provided that no such power shall be exercised after the expiry of one year from the coming, into force of this Act.
CHAPTER IV
RULES
26. Rules.
(1) Government or any person authorized by it in this behalf, may make such rules as appear to be necessary or expedient for carrying out the purpose 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.
CHAPTER V
REPEAL
27. Repeal of Sindh Ordinance X of 1973.
The Sindh Civil Servants Ordinance, 1973 is hereby repealed.
This digital version of the Sindh Civil Servants Act, 1973 is provided as-is. Although reasonable efforts have been made to ensure accuracy and avoid error, no warranty is made as to its accuracy or completeness. Consult the official sources or Gazette when legal accuracy is material.