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  "title": "Senate Secretariat Services Act, 2017",
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  "text": "THE SENATE SECRETARIAT SERVICES ACT, 2017\r\nCONTENTS\r\nPREAMBLE\r\nCHAPTER I.\r\nPRELIMINARY\r\n1 Short title, application and commencement\r\n2 Definitions\r\nCHAPTER II.\r\nTERMS AND CONDITIONS OF SERVICE\r\n3 Terms and conditions of service\r\n4 Appointment\r\n5 Appointment on deputation\r\n6 Probation\r\n7 Confirmation\r\n8 Seniority\r\n9 Posting and transfer\r\n10 Termination of service\r\n11 Reversion to a lower post, etc.\r\n12 Retirement from service\r\n13 Employment after retirement\r\n14 Conduct\r\n15 Efficiency and discipline\r\n16 Right of appeal or representation\r\nUpdated till 23.9.2021\r\nTHE SENATE SECRETARIAT SERVICES ACT, 2017\r\nCONTENTS\r\nPREAMBLE\r\nCHAPTER I.\r\nPRELIMINARY\r\n1 Short title, application and commencement\r\n2 Definitions\r\nCHAPTER II.\r\nTERMS AND CONDITIONS OF SERVICE\r\n3 Terms and conditions of service\r\n4 Appointment\r\n5 Appointment on deputation\r\n6 Probation\r\n7 Confirmation\r\n8 Seniority\r\n9 Posting and transfer\r\n10 Termination of service\r\n11 Reversion to a lower post, etc.\r\n12 Retirement from service\r\n13 Employment after retirement\r\n14 Conduct\r\n15 Efficiency and discipline\r\n16 Right of appeal or representation\r\nUpdated till 23.9.2021\r\nTHE SENATE SECRETARIAT SERVICES ACT, 2017\r\nCONTENTS\r\nPREAMBLE\r\nCHAPTER I.\r\nPRELIMINARY\r\n1 Short title, application and commencement\r\n2 Definitions\r\nCHAPTER II.\r\nTERMS AND CONDITIONS OF SERVICE\r\n3 Terms and conditions of service\r\n4 Appointment\r\n5 Appointment on deputation\r\n6 Probation\r\n7 Confirmation\r\n8 Seniority\r\n9 Posting and transfer\r\n10 Termination of service\r\n11 Reversion to a lower post, etc.\r\n12 Retirement from service\r\n13 Employment after retirement\r\n14 Conduct\r\n15 Efficiency and discipline\r\n16 Right of appeal or representation\r\nUpdated till 23.9.2021\r\nCHAPTER III.\r\nMISCELLANEOUS\r\n17 Saving\r\n18 Indemnity\r\n19 Jurisdiction barred\r\n20 Removal of difficulties\r\n21 Interpretation\r\n22 Gender\r\nCHAPTER IV.\r\nRULES\r\n23 Rules\r\n24 Application of standing orders\r\n25 Repeal and saving\r\nACT NO. XXII OF 2017.\r\nAN ACT\r\nto regulate the appointment and the terms and conditions of service of persons in the Senate\r\nSecretariat, under clause (2) of Article 87 of the Constitution of the Islamic Republic of Pakistan,\r\n1973\r\nWHEREAS it is expedient to regulate by law the appointment and the terms and\r\nconditions of service of persons in the Senate Secretariat as provided for in clause (2) of Article\r\n87 of the Constitution of Pakistan, 1973 and to provide for matters connected therewith or\r\nancillary thereto;\r\nIt is hereby enacted as follows: -\r\n1. Short title, application and commencement. 1) This Act may be called the\r\nSenate Secretariat Services Act, 2017.\r\n(2) It applies to all employees in the Senate Secretariat wherever they may be\r\n(3) It shall come into force at once.\r\nCHAPTER-I\r\nPRELIMINARY\r\n2. Definitions. - (I) In this Act, unless there is anything repugnant in the subject or context, -\r\n(a) 1[* * *]\r\n(b) \"Basic Pay Scales\" or “BPS\" means pay scales prescribed by the Federal\r\nGovernment and adopted by the Senate Secretariat;\r\n(c) \"competent authority\" means the competent authority to make appointment\r\nto various posts, as may be prescribed by rules;\r\n(d) \"Chairman\" means the Chairman of the Senate and includes the Acting\r\nChairman;\r\n(e) \"Constitution” means the Constitution of the Islamic Republic of Pakistan;\r\n1[(f) \"employee” means a person appointed in the Secretariat, who shall have the\r\nstatus of a civil servant, but does not include-\r\n(i) a person who is on deputation to the Secretariat; or\r\n1Omitted, Subs by Act. IV of 2021, s-2.\r\n(ii) a person who is employed on contract;]\r\n(g) \"Finance Committee\" means the Finance Committee of the Senate as\r\nprovided for in Article 88 of the Constitution;\r\n(h) “general parliamentary group” means any group or service, as may be\r\nprescribed by rules to bea general parliamentary group, performing general\r\nparliamentary administration functions;\r\n(i) \"Government\" means the Federal Government;\r\n(j) \"initial appointment\" means appointment made otherwise than by promotion\r\nor transfer;\r\n(k) \"other categories\" means any group or services, as may be prescribed by\r\nrules, to be other categories and are not part of the general parliamentary\r\ngroup or specialized parliamentary group;\r\n(l) \"pay and allowances\" means the amount drawn monthly by an employee as\r\npay and includes technical pay, special pay, personal pay and other\r\nemoluments declared as such by the Chairman or the Finance Committee or\r\nthe Federal Government, as the case may be, where rules of the Federal\r\nGovernment are adopted;\r\n(m) \"post\" means a post sanctioned in the Senate Secretariat;\r\n(n) \"prescribed\" means prescribed by rules or standing orders or as notified by a,\r\nnotification in the official Gazette, as the case may be;\r\n(o) \"rules\" means the rules made under this Act by the Chairman;\r\n(p) \"Secretariat” means the Secretariat of the Senate;\r\n(q) \"Secretary\" means the Secretary Senate, having the status of Federal\r\nSecretary and includes the Acting Secretary in the absence of the Secretary or\r\nany other person performing the functions of the Secretary, for the time being,\r\nunder the direction and supervision of the Chairman;\r\n(r) \"specialized parliamentary group\" means any group or service, as may be\r\nprescribed by rules to be a specialized parliamentary group, performing\r\nspecial and technical parliamentary functions; and\r\n(s) \"standing orders\" means written orders of the Chairman as notified by the\r\nSenate Secretariat.\r\nCHAPTER – II\r\nTERMS AND CONDITIONS OF SERVICE\r\n3. Terms and conditions of service. - (1) The terms and conditions of an employee shall be\r\nas provided for in this Act and the rules made there under.\r\n(2) The terms and conditions of service of any person to whom this Act applies shall not be\r\nvaried to his disadvantage.\r\n(3) Subject to this Act and rules made there under, other terms and conditions of service\r\nincluding pay, allowances, retirement, deputation, pension, gratuity, provident fund, benevolent\r\nfund, group insurance, financial or family assistance in case of death during service, leave or other\r\nprivileges of an employee shall be governed by the law, rules and policies for the time being in\r\nforce and applicable to the employees in posts in the same scale in the Federal Government:\r\nProvided that the powers of the Federal Government shall be exercised by the Chairman,\r\nwith such additions, enhancements, modifications, variations or exceptions, as he may deem fit,\r\nwith concurrence of the Finance Committee:\r\nProvided further that in case of urgency of the matter, the Chairman may exercise his\r\npowers in anticipation of the concurrence of the Finance Committee.\r\n(4) The employees shall be entitled to such terms and conditions of service, entitlements,\r\nfacilities, perks and privileges, including medical, housing, education and all other schemes of the\r\nGovernment, as are admissible to its civil servants or occupational groups or professionals, from\r\ntime to time, notwithstanding a judgment of any court, tribunal or a quasi-judicial authority.\r\n4. Appointment. -(1) Appointments to the Senate Secretariat shall be made ccording to the\r\nrules by one or more of the following methods, namely: -\r\n(a) By promotion of a person employed in the secretariat; 1[or]\r\n1[* * *]\r\n(c) by direct recruitment 1[.]\r\n1[* * *]\r\n1[(1A) The direct recruitment to a post in BPS-17 shall be made through the Federal Public\r\nService Commission and to a post in BPS -16 and below through the procedure as prescribed by the\r\nrules.\r\n(1B) There shall be no direct recruitment to a post in BPS-18 and above:\r\nProvided that in such cases where no o fficer of the Secretariat qualifies to hold the post for\r\nthe time being and the circumstances render it necessary, appointment to a post in BPS -18 and above\r\nmay be made on contract with the approval of the Senate Finance Committee, through advertisement\r\nand recruitment process by the Secretariat, up-till a period of three years, which shall not be extended\r\nor regularized.\r\n1Added, Omitted, Subs, Ins. By Act IV of 2021, s. 3.\r\n(1C) Notwithstanding the provisions of sub -section (1A), appointment on contract may be\r\nmade in the interest of the Secretariat in BPS-04 and below, as prescribed by the rules:\r\nProvided that staff allowed by the Senate Finance Committee in its meeting held on the 17 th\r\nFebruary, 2012 vide Item No. 4 (iii) may also be appointed on contract, irrespective of the grade:\r\nProvided further that services of an employee appointed on contract in any grade shall not be\r\nregularized, extended beyond three years or transferred to any other post in the Secretariat.\r\n(1D) There shall be no appointment on ad hoc basis.\r\n(1E) The length of service for appointment by promotion shall not be condoned.\r\n(1F) There shall be no placements based on seniority or length of service.]\r\n(2) The Secretariat shall be organized in general parliamentary group, specializ ed\r\nparliamentary group and other categories, as may be prescribe by the rules.\r\n1[Provided that highest post for specialized parliamentary groups shall be Senior Director\r\nGeneral (BPS-21).]\r\n1[* * *]\r\n1[5. Appointment on deputation. __(1) Appointment on deputation to a post shall be made in\r\nthe interest of the Secretariat.\r\n(2) The competent authority may appoint on deputation a person to a post in the general\r\nparliamentary group from an occupational group or provincial executive services and to a post in the\r\nspecialized parliamentary group from any service of Pakistan.\r\n(3) The terms and conditions of service of a person appointed to the Secretariat on deputation\r\nshall be such as may be prescribed by the rules.\r\n(4) Services of an employee appointed to a post on deputation shall not be absorbed in the\r\nSecretariat/services.]\r\n6. Probation . (1) Appointment to a post by direct recruitment under section 4, 1[* * *], shall\r\nbe on probation for a period of two years, or for such lesser period, as may be prescribed.\r\n(2) Any person appointed to a post by promotion 1[**] may also be placed on probation in\r\naccordance with the provisions of sub-section (1).\r\n(3) On the satisfactory completion of period of probation, the Appointing authority may\r\nterminate the probation and confirm probationer in his appointment provided a clear vacancy exists.\r\n(4) If in the opinion of the appointing authority, the work or conduct of an employee on\r\nprobation is unsatisfactory or shows that he is unlikely to become efficient and if no order is issued\r\nunder sub-section (3) on the expiry of the prescribed period, the appointing authority may order that-\r\n1 Added, Omitted, Subs, by Act IV of 2021, s. 4-5.\r\n(a) his probation be extended for such period not exceeding one year, as he may\r\nthink fit; or\r\n(b) if he was appointed to such post by direct or initial recruitment, be discharged;\r\nor\r\n(c) if he was appointed to such post by promotion 1[* * *] be reverted to the post\r\nfrom which he was promoted 1[* *] and against which he holds a lien.\r\n7. Confirmation . — (1) A person appointed on probation shall, on satisfactory completion\r\nof his probation, be eligible for confirmation in a post as may be prescribed.\r\n(2) An employee promoted to a post on regular basis shall be eligible fo r confirmation after\r\nrendering satisfactory service for the period prescribed for confirmation therein.\r\n(3) An employee who, during the period of his service, was eligible to be confirmed against\r\nany post retires from service before being confirmed shall not, merely by reason of such retirement,\r\nbe refused confirmation against such post or any benefits accruing there from.\r\n(4) Confirmation of an employee against a post shall take effect from the date of occurrence\r\nof vacancy of that post or from the date of continuous officiation on such post, whichever is later.\r\n8. Seniority. – (1) For proper administration, the appointing authority shall cause a seniority\r\nlist of the employees, for the time being, of such group, category or post to be prepared, but nothing\r\nherein contained shall be construed to confer any vested right to a particular seniority in such group,\r\ncategory or post, as the case may be.\r\n(2) Subject to the provisions of sub-section (I), the seniority of an employee shall be\r\nreckoned in relation to other employees belonging to the same group or post whether serving in the\r\nsame department or office or not, as may be prescribed.\r\n(3) Seniority on initial appointment to a group, category or post shall be determined as may\r\nbe prescribed.\r\n(4) Seniority in a group, category or post to which an employee is promoted shall take effect\r\nfrom the date of regular appointment to that post:\r\nProvided that employees who are selected for promotion to a higher post in one batch shall,\r\non their promotion to the higher post, retain their inter se seniority as in the lower post.\r\n1[9. Posting and transfer. (1) Every employee shall be liable to serve anywhere within\r\nPakistan, or on deputation in the Federal or Provincial Government or abroad or in an international\r\norganization at the national or international level, in any equivalent or higher post subject to\r\napproval of the competent authority:\r\nProvided that terms and conditions of any such posting shall not be less favourable to the\r\nemployee under this section.\r\n(2) An officer belonging to the general parliamentary group (Secretariat service of the\r\nSecretariat services) serving on deputation in the Federal or Provincial Government or abroad shall\r\nbe as if he is an officer of the secretariat group of the Federal Government.]\r\n1Omitted. Subs, by Act IV of 2021, s.6-7.\r\n10. Termination of service. – (1) The service of an employee may be terminated without\r\nnotice, -\r\n(a) during the initial or extended period of his probation:\r\n1[Provided that, where such employee is appointed by promotion on probation his services\r\nshall not be so terminated so long as he holds a lien against his former post but he shall be reverted\r\nto his former post.]\r\n(b) on the expiry of the initial or extended period of his 1[Contract] employment;\r\nor\r\n1[* * *]\r\n(2) Where, on the abolition of a post or reduction in the number of posts in a group, the\r\nservices of an employee are required to be terminated, the person whose services are terminated shall\r\nordinarily be the one who is the most junior in such group.\r\n11. Reversion to a lower post, etc. – (1) An employee appointed to a higher post on [ *]\r\ntemporary or officiating basis shall be liable to reversion to his lower post.\r\n(2) No employee shall be dismissed or removed from servi ce or reduced in rank by an\r\nauthority subordinate to that by which he was appointed.\r\n(3) No such employee as aforesaid shall be dismissed or removed from service, or reduced in\r\nrank, until he has been given a reasonable opportunity of showing cause against the action proposed\r\nto be taken against him:\r\nProvided that this sub-section shall not apply-\r\n(a) where an employee is dismissed or removed from service or reduced in rank\r\non the grounds of conduct which has led to his conviction on a criminal\r\ncharge; or\r\n(b) the employee is still on probation 1[* * *] or\r\n(c) where the Chairman or any person authorized by him under this Act is\r\nsatisfied, for reasons to be recorded in writing, that in the interest of the\r\nsecurity of Pakistan or any part thereof, it is not expedient to give to that\r\nemployee such an opportunity.\r\n12. Retirement from service, – (I) An employee shall retire from service, ___\r\n(a) on such date after he has completed twenty-five years of service qualifying for\r\npension or other retirement benefits as the competent authority may, in public\r\ninterest, direct; or\r\n(b) where no direction is given under paragraph (i), on the completion of the\r\nsixtieth year of his age.\r\n1Subs, Ins, Omitted, by Act IV of 2021, s. 7-8.\r\n(2) No direction under clause (a) of sub-section (I) shall be made until the employee has been\r\ninformed in writing of the grounds on which it is proposed to make the direction and has been given\r\na reasonable opportunity of showing cause against the said direction.\r\n13. Employment after retirement .– (1) A retired employee shall not ordinarily be re-\r\nemployed in the Secretariat, unless such re-employment is in the broader interest of the Institution\r\nand is made with the prior approval of the authority next above the appointing authority:\r\nProvided that, where the appointing authority is the Chairman, such re-employment may be\r\nordered with the approval of the Finance Committee.\r\n(2) Subject to the provisions of his terms and conditions of service and rules, an employee\r\nmay, during leave preparatory to retirement, or after retirement from Secretariat, seek any private\r\nemployment:\r\nProvided that, where employment is sought by an employee while on leave preparatory to\r\nretirement, he shall obtain prior approval of the competent authority.\r\n14. Conduct. –The conduct of an employee shall be regulated by rules made, standing orders\r\nnotified or instructions issued by Chairman or a prescribed authority, whether general or in respect\r\nof a specified group of employees.\r\nI5. Efficiency and discipline. –An employee shall be liable to disciplinary action and\r\npenalties in accordance with the prescribed rules and procedure.\r\n16. Right of appeal or representation .– (l) Where a right to prefer an appeal or apply for a\r\nreview in respect of any order relating to the terms and conditions of his service is provided to an\r\nemployee under any rules applicable to him, such appeal or application for review shall, except as\r\nmay be otherwise prescribed, be made within thirty days of the date of such order.\r\n(2) Where no provision for appeal or review exists under the rules in respect of any order or\r\nclass of orders, an employee aggrieved by any such order may, within thirty days of the\r\ncommunication to him of such order, make a representation against it, to the authority next above the\r\nauthority which passed an order:\r\nProvided that no representation shall Iie on matters relating to the determination of fitness of\r\na person to hold a particular post or to be promoted to a higher post or grade.\r\nCHAPTER-III\r\nMISCELLANEOUS\r\n17. Saving. –Nothing in this Act or in any rule, shall be construed to limit or abridge the\r\npower of the Chairman to deal with the case of an employee in such manner as may appear to him to\r\nbe just and equitable:\r\nProvided that, where this Act or any rule, is applicable to the case of an employee, the case\r\nshall not be dealt with in a manner less favourable to him than that provided by this Act or such rule.\r\n18. Indemnity. –No suit, prosecution or other legal proceedings shall lie against an\r\nemployee for anything done in his official capacity which is in good faith done or intended to be\r\ndone under this Act or the rules, instructions or directions made or issued, or adopted from time to\r\ntime.\r\n19. Jurisdiction barred. –Save as provided under this Act and the Service Tribunals Act,\r\n1973 (LXX of 1973) or the rules, no order made or proceedings taken under this Act or the rules by\r\nthe Chairman or any officer authorized by him shall be called in question in any court and no\r\ninjunction shall be granted by any court in respect of any decision made or proceedings taken in\r\npursuance of any power conferred by, or under, this Act or the rules.\r\n20. Removal of difficulties. –lf any difficulty arises in giving effect to any of the provisions\r\nof this Act, the Chairman may make such order as may appear to him to be necessary for the purpose\r\nof removing the difficulty.\r\n21. Interpretation–All questions relating to interpretation of provisions of this Act shall be\r\nreferred to the Chairman whose decision thereon shall be final.\r\n22. Gender. –In this Act, unless there is anything repugnant in the subject or context, words\r\nimporting the masculine gender shall be taken to include females.\r\nCHAPTER-IV\r\nRULES\r\n23. Rules. –The Chairman may make rules for carrying out the purposes of this Act:\r\nProvided that the said rules shall be notified after concurrence of the Finance Committee.\r\n24. Application of standing orders . –The standing orders, as notified by the Secretariat,\r\nfrom time to time, shall be read as an extension to this Act.\r\n25. Repeal and saving . –(l) The Senate Secretariat (Recruitment) Rules, 1973 are hereby\r\nrepealed.\r\n(2) Notwithstanding the repeal of Senate Secretariat(Recruitment) Rules, 1973, everything\r\ndone, action taken, appointments made either through initial recruitment, induction, absorption,\r\npromotion, regularization or on contract basis, obligation, liability or penalty incurred, power\r\nconferred or exercised, orders issued under the said Rules and everything done in exercise of the\r\npowers conferred by or under the said Rules, shall continue and be deemed to have been respectively\r\ndone, taken, incurred, conferred, exercised or issued under this Act.\r\n_______",
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