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  "title": "PUNJAB CIVIL SERVANTS ACT 1974",
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  "text": "THE PUNJAB CIVIL SERVANTS ACT, 1974 \r\n(VIII of 1974) \r\nCONTENTS \r\n1. Short title, application and commencement \r\nCHAPTER - I \r\nPRELIMINARY \r\n2. Definitions \r\nCHAPTER - II \r\nTERMS AND CONDITIONS OF SERVICE OF CIVIL SERVANTS \r\n3. Terms and conditions \r\n4. Appointments \r\n5. Probation \r\n6. Confirmation \r\n7. Seniority \r\n8. Promotion \r\n8-A. Omitted \r\n9. Posting and transfers \r\n10. Termination of service \r\n11. Reversion to a lower post \r\n11A Persons to be liable to removal or reversion \r\n12. Retirement from service \r\n13. Employment after retirement \r\n14. Conduct \r\n15. Efficiency and discipline \r\n16. Pay \r\n17. Leave \r\n18. Pension and gratuity \r\n19. Provident Fund \r\n20. Benevolent Fund and Group Insurance \r\nCHAPTER-III \r\nMISCELLANEOUS \r\n21. Right of appeal or representation \r\nCHAPTER-IV \r\nRules \r\n22. Saving \r\n22A. Indemnity \r\n22B. Jurisdiction barred \r\n22C. Appointment of Federal civil servants \r\n23. Rules \r\n24. Repeal of Punjab Ordinance No. II of 1974 \r\nTEXT \r\n1\r\nTHE PUNJAB CIVIL SERVANTS ACT, 1974 \r\n(VIII of 1974) \r\n[4 June 1974] \r\nAn \r\nAct \r\nto regulate the appointment to, and the terms and conditions of service in respect of \r\nthe services of the Province of the Punjab. \r\nPreamble.– WHEREAS it is expedient to regulate by law, the appointment to, and \r\nthe terms and conditions of the services of the Province of the Punjab, and to \r\nprovide for matters connected therewith or ancillary thereto; \r\nIt is hereby enacted as follows:– \r\n1. Short title, application and commencement .– (1) This Act may be called \r\nthe Punjab Civil Servants Act, 1974. \r\n(2) It applies to all civil servants wherever they may be. \r\n(3) It shall come into force at once. \r\nCHAPTER I \r\nPRELIMINARY \r\n2. Definitions.– (1)  In this Act, unless there is anything repugnant in the subject \r\nor context,– \r\n(a) “ad hoc appointment” means appointment of a duly qualified person \r\nmade otherwise than in accor dance with the prescribed method of \r\nrecruitment, pending recruitment in accordance with such method; \r\n(b) “civil servant”  means a person who is a member of a civil service of \r\nthe Province or who holds a civil post in connection with the affairs of \r\nthe Province, but does not include– \r\n(i) a person who is on deputation to the Province from the \r\nFederation or any other Province or authority; \r\n(ii) a person who is employed on contract, or on work -charged \r\nbasis, or who is paid from contingencies; or \r\n(iii) a person who is a 'worker' or 'workman' as defined in the \r\nFactories Act, 1934 (XXV of 1934) or the Workmen's \r\nCompensation Act, 1923 (VIII of 1923); \r\n2\r\n[(b-a) “Defined Contribution Pension Scheme” means the pension scheme \r\nstipulated under section 18-A;] \r\n                                                           \r\n1This Act was passed by the Punjab Assembly on 29th May, 1974; assented to by the Governor of the Punjab on 4 June, 1974; \r\nand, was published in the Punjab Gazette (Extraordinary), dated: 4 June 1974, pp. 751-A to 751-I. \r\n2Inserted by the Punjab Civil Servants (Amendme nt) Act 2024 (III of 2024),  published in the Punjab Gazette (Extraordinary), \r\ndated: 14 June 2024, pp. 4755-4756, s. 2. \r\n(c) \"Government\" means the Government of the Punjab; \r\n(d) \"initial recruitment\" means appointment made otherwise than by \r\npromotion or transfer; \r\n(e) \"pay\" means the amount drawn monthly by a civil servant as pay, and \r\nincludes technical pay, special pay, personal pay and a ny other \r\nemoluments declared as pay by the prescribed authority; \r\n(f) \"permanent post\" means a post sanctioned without limit of time; \r\n(g) \"prescribed\" means prescribed by rules; \r\n3\r\n[(g-a) “proforma promotion” means  predating of promotion of civil servant  or \r\nretired civil servant with effect from the date of regular promotion of his \r\njunior, for the purpose of fixation of pay and payment of arrears as may \r\nbe prescribed; \r\n(g-b) “promotion” means appointment of a civil servant to a higher post in the \r\nservice or cadre to which he belongs.] \r\n(h) \"province\" means the Province of the Punjab; \r\n(i) \"rules\" means the rules made or deemed to have been made under this \r\nAct; \r\n(j) \"selection authority\" means the Punjab Public Service Commission, \r\ndepartmental selection board, depar tmental selection committee or \r\nother authority or body on the recommendation of, or in consultation \r\nwith which any appointment or promotion, as may be prescribed, is \r\nmade; and \r\n(k) \"temporary post\" means a post other than a permanent post. \r\n(2)  For the purp ose of this Act, an appointment whether by promotion or \r\notherwise, shall be deemed to have been made on regular basis if it is made in the \r\nprescribed manner. \r\nCHAPTER II \r\nTERMS AND CONDITIONS OF SERVICE OF CIVIL SERVANTS \r\n3. Terms and conditions .– The terms a nd conditions of service of a civil \r\nservant shall be as provided in this Act and the rules. \r\n4. Appointments.– Appointments to a civil service of the province or to civil post \r\nin connection with the affairs of the Province, shall be made in the prescribed \r\nmanner by the Governor or by a person authorized by him in that behalf. \r\n5. Probation.– (1) An initial appointment to a service or post referred to in \r\nsection 4, not being an ad hoc appointment, shall be on such probation and for such \r\nperiod of probation as may be prescribed. \r\n(2) Any appointment of a civil servant by promotion or transfer to a service \r\nor post may also be made on such probation and for such period of probation as \r\nmay be prescribed. \r\n                                                           \r\n3Added by the Punjab Civil Servants (Amendme nt) Act 2005 (III of 2005), published in the Punjab Gazette (Extraordinary), \r\ndated: 15 April 2005, pp. 4851-4852, s. 2. \r\n(3) Where, in respect of any service or post, the satisfactory  completion of \r\nprobation includes the passing of a prescribed examination, test or course or \r\nsuccessful completion of any training, a person appointed on probation to such \r\nservice or post who, before the expiry of the original or extended period of his \r\nprobation, has failed to pass such examination or test or to successfully complete the \r\ncourse or the training shall, except as may be prescribed otherwise,– \r\n(a) if he was appointed to such service or post by initial recruitment, be \r\ndischarged; or \r\n(b) if he was appointed to such service or post by promotion or transfer, be \r\nreverted to the service or post from which he was promoted or \r\ntransferred and against which he holds a lien or, if there be no such \r\nservice or post, be discharged. \r\n6. Confirmation.– (1) A per son appointed on probation shall, on satisfactory \r\ncompletion of his probation, be eligible for confirmation in a service or a post as may \r\nbe prescribed. \r\n(2) A civil servant promoted to a post \r\n4\r\n[* * ] on probation shall, on \r\nsatisfactory completion of his pro bation, be confirmed in such post \r\n5\r\n[* *] as may be \r\nprescribed. \r\n(3) A civil servant promoted to a post \r\n6\r\n[* * ] on regular basis shall be \r\nconfirmed after rendering satisfactory service for such period as may be prescribed. \r\n(4) There shall be no confirmation against any temporary post. \r\n(5) A civil servant who, during the period of his service, was eligible for \r\nconfirmation in any service or against any post, retires from service before \r\nconfirmation shall not, merely by reason of such retirement, be refused conf irmation \r\nin such service or against such post or any benefits accruing therefrom. \r\n(6) Confirmation of a civil servant in a service or against a post shall take \r\neffect from the date of the occurrence of a permanent vacancy in such service or \r\nagainst such po st or from the date of continuous officiation, in such service or \r\nagainst such post, whichever is later. \r\n7. Seniority.– (1) Seniority on initial appointment to a service, cadre, \r\n7\r\n[*] or post \r\nshall be determined in the prescribed manner. \r\n8\r\n[(2) Seniority in a post, service, or cadre to which a civil servant is \r\npromoted shall take effect from the date of regular appointment to that post: \r\nProvided that civil servants who are selected for promotion to a higher post in \r\none batch shall on their promotion to the hi gher post retain their inter -se seniority in \r\nthe lower post.] \r\n                                                           \r\n4The words “or grade” were omitted by the Punjab Civil Servants (Amendment) Ordinance, 1984 (II of 1984),  published in the \r\nPunjab Gazette (Extraordinary), dated: 22 July 1984, pp. 503-A to 503-C, s. 2: it came into force on 1 July 1983. \r\n5Ibid. \r\n6Ibid. \r\n7The word “grade” was omitted ibid., s. 3. \r\n8Substituted ibid.   \r\n(3) For proper administration of \r\n9\r\n[service or cadre] the appointing authority \r\nshall from time to time cause a seniority list of the members of such \r\n10\r\n[service or \r\ncadre] to be prepared. \r\n(4) Subject to the provisions of sub -section (3), the seniority of a civil \r\nservant in relation to other civil servants belonging to the same \r\n11\r\n[service or cadre], \r\nwhether serving in the same department or office or not, shall be determined in such \r\nmanner as maybe prescribed. \r\n12\r\n[8. Promotion.– (1) A civil servant shall be eligible to be considered for \r\nappointment by promotion to a post reserved for promotion in the service or cadre to \r\nwhich he belongs in a manner as may be prescribed; provided that he possesses the \r\nprescribed qualifications. \r\n(2) Promotion including proforma promotion shall not be claimed by  any \r\ncivil servant as of right. \r\n(3) Promotion shall be granted with immediate effect and be actualized \r\nfrom the date of assumption of charge of the higher post, and sh all in no case be \r\ngranted from the date of availability of post reserved for promotion. \r\n(4) A civil servant shall not be entitled to promotion from an earlier date \r\nexcept in the case of proforma promotion.  \r\n(5) A retired civil servant shall not be eligible  for grant of promotion; \r\nprovided that he may be considered for grant of proforma promotion as may be \r\nprescribed. \r\n(6) A post referred to in sub -section (1) may either be a selection post or a \r\nnon-selection post to which promotion shall be made as follows:– \r\n(a) in the case of a selection post, on the basis of selection on merit; and \r\n(b) in the case of a non -selection post, on the basis of seniority -cum-\r\nfitness.] \r\n13\r\n[(7) Notwithstanding anything contained in this section, if a civil servant \r\ndies or superannuate s after the selection authority recommends his promotion to a \r\nhigher post and before he assumes the charge of the higher post, the competent \r\nauthority may approve promotion of such a civil servant with effect from the day \r\nimmediately before the day of his death or superannuation.] \r\n14\r\n[8-A. Out of turn promotion.–  * * * * * * * *   ] \r\n                                                           \r\n9Ibid., for the expression \"service, cadre or grade,\". \r\n10Substituted for the expression “service, cadre or grade ,” by the Punjab Civil Servants (Amendment) Ordinance, 1984 (II of \r\n1984), published in the Punjab Gazette (Extraordinary), dated: 22 July 1984, pages 503-A to 503-C, s. 3. \r\n11Ibid., for the expression “service, cadre or grade”. \r\n12Substituted by the Punjab Civil Servants (Amendment) Act 2005 (III of 2005), published in the Punjab Gazette (Extraordinary), \r\ndated: 15 April 2005, pp. 4851-4852, s. 3. \r\n13Inserted by the Punjab Civil Servants (Amendment) Act 2011 (XLV of 2012), published in the Punjab Gazette (Extraordinary), \r\ndated: 30 July 2012, p. 405, s. 2.  \r\n14Omitted by the Punjab Civil Servants (Amendment) Act 2006 (X of 2006), dated: 17 October 2006, p. 1381, s. 2.  \r\n \r\n9. Posting and transfers .– Every civil servant shall be liable to serve anywhere \r\nwithin or outside the province in any  \r\n15\r\n[equivalent or one scale higher ] post under \r\nthe Government  of the Punjab or the Federal Government or any Provincial \r\nGovernment or a local authority or a corporation or a body set up or established by \r\nany such Government: \r\n Provided that, where a civil servant is required to serve in a post outside his \r\nservice or cadre, his terms and conditions of service as to his pay shall not be less \r\nfavourable than those to which he would have been entitled if he had not been so \r\nrequired to serve. \r\n10. Termination of service.– (1) The service of a civil servant may be terminated \r\nwithout notice– \r\n(i) during the initial or extended period of his probation: \r\nProvided that, where such civil servant is appointed by promotion on \r\nprobation or, as the case may be, is transferred and promoted on \r\nprobation from one \r\n16\r\n[service], cadre or post to another \r\n17\r\n[service], cadre \r\nor post his service shall not be terminated so long as he holds a lien \r\nagainst his former post, \r\n18\r\n[service] or cadre, and he shall be reverted to \r\nhis former \r\n19\r\n[service], or as the case may be, cadre or post; \r\n(ii) if the appointment is made on ad hoc basis liable to termination on the \r\nappointment of a person on the recommendation of the selection \r\nauthority, on the appointment of such person. \r\n(2) In the event of a post being abolished or number of posts in a cadre or \r\n20\r\n[service] being reduced the services of the most junior person in such cadre  or \r\n21\r\n[service] shall be terminated. \r\n(3) Notwithstanding the provisions of sub -section (1) but subject to the \r\nprovisions of sub-section (2), the service of a civil servant in temporary employment  \r\nor appointed on ad hoc basis shall be liable to termination on thirty days notice or \r\npay in lieu thereof. \r\n11. Reversion to a lower  \r\n22\r\n[post].– A civil servant appointed to a higher post or \r\n23\r\n[before the commencement of the Punjab Civil Servants (Amendment) O rdinance, \r\n1984 to a higher] grade on ad hoc or officiating basis, shall be liable to reversion to \r\nhis lower post \r\n24\r\n[* *] without notice. \r\n                                                           \r\n15Inserted by the Punjab Civil Servants (Amendme nt) Act 2024 (III of 2024),  published in the Punjab Gazette (Extraordinary), \r\ndated: 14 June 2024, pp. 4755-4756, s. 3. \r\n16Substituted for the word \"grade\" by the Punjab Civil Servants (Amendment)  Ordinance, 1984 (II of 1984),  published in the \r\nPunjab Gazette (Extraordinary), dated: 22 July 1984, pages 503-A to 503-C, s. 5. \r\n17Ibid. \r\n18Ibid. \r\n19Ibid. \r\n20Ibid. \r\n21Ibid. \r\n22Ibid., for the words \"grade or service\" , s. 6. \r\n23Inserted ibid. \r\n24The words “or grade” were omitted ibid.  \r\n25\r\n[11-A. Certain persons to be liable to removal or reversion .– Notwithstanding \r\nanything contained in his terms and condi tions of service, a Civil Servant appointed \r\nor promoted during the period from the first day of January, 1972 to the fifth day of \r\nJuly, 1977, may be removed from service or reverted to his lower post \r\n26\r\n[,] \r\n27\r\n[* * * * * * \r\n* *] without notice, by the Governor of the Punjab or a person authorized by him in \r\nthis behalf on such date as the Governor of the Punjab or, as the case may be, the \r\nperson so authorized may, in the public interest, direct. \r\n28\r\n[12. Retirement from service.– (1) Civil servant shall retire from service–  \r\n29\r\n[(i) on such date after he has completed twenty years of service qualifying \r\nfor pension or other retirement benefits; or, twenty years of service \r\nparticipating in Defined Contribution Pension Scheme or other \r\nretirement benefits, as the case may be, as the competent authority \r\nmay, in public interest, direct; or] \r\n30\r\n[(ii) where no direction is given under clause (i): \r\n(a) on completion of the sixtieth year of his age; or \r\n(b) voluntarily, on completion of twenty five years of service or on \r\nattaining fifty five years of age, whichever is later.] \r\n(2) No direction under clause (i) of sub -section (1) shall be made until the \r\nCivil Servant has been informed in writing of the grounds on which it is proposed to \r\nmake the direction and has been given a reasonable opportu nity of showing cause \r\nagainst the said direction. \r\nExplanation.– In this section, \"competent authority\" means the appointing authority \r\nprescribed in rule 6 of the Punjab Civil Servants (Appointment and Conditions of \r\nService) Rules, 1974.] \r\n13. Employment aft er retirement .– (1) A retired civil servant shall not be re -\r\nemployed under the Government unless such re -employment is necessary in the \r\npublic interest and is made, except where the appointing authority is the Governor, \r\nwith the prior approval of the authority next above the appointing authority. \r\n(2) Subject to the provisions of sub -section (1) of Section 3 of the Ex -\r\nGovernment Servants (Employment with the Foreign Governments) (Prohibition) Act, \r\n1966, a civil servant may, during leave preparatory to retire ment, or after retirement \r\nfrom Government service, seek any private employment: \r\n                                                           \r\n25Added by the Punjab Civil Servants (Amendment) Ordinance, 1978 (IX of 1978); and published in the Gazette of Pun jab \r\n(Extraordinary), dated: 19 April 1978, s. 2.  \r\n26 Inserted by the Punjab Civil Servants (Amendment) Ordinance, 1984 (II of 1984 ), published in the Punjab Gaze tte \r\n(Extraordinary), dated: 22 July 1984, pages 503-A to 503-C, s. 7. \r\n27The words \"or grade, as the case may be\" were omitted ibid. \r\n28Substituted by the Punjab Civil Servants ( Amendment) Ordinance 2001 ( XIV of 2001 ), published in the Punjab Gaz ette \r\n(Extraordinary), dated: 8 August 2001, pp. 1473-1474, s. 2. Under Article 5A of the Provisional Constitution Order 1999 (I of \r\n1999), as amended, read with Article 270AA of the Constitution of the Islamic Republic of Pakistan, 1973, it shall not be subject \r\nto any limitation as to duration prescribed in the Constitution. \r\n29Substituted by the Punjab Civil Servants (Amendment) Act 2024 (III of 2024), published in the Punjab Gazette (Extraordinary), \r\ndated: 14 June 2024, pp. 4755-4756, s. 4. \r\n30 Substituted by the  Punjab Civil Servants (Amendment) Act 2021 ( XXXV of 2021) , published in the Punjab Gazette \r\n(Extraordinary), dated: 29 October 2021, pp. 1865, s.2. \r\n Provided that, where employment is sought by a civil servant while on leave \r\npreparatory to retirement, he shall obtain the prior approval of the prescribed \r\nauthority. \r\n14. Conduct.– The conduct of a civil servant shall be regulated by rules made by \r\nGovernment or a prescribed authority, whether generally or in respect of a specified \r\ngroup or class of civil servants. \r\n15. Efficiency and discipline .– A civil servant shall be liable to such disciplinary \r\naction and penalties and in accordance with such procedure as may be prescribed. \r\n16. Pay.– A civil servant appointed to a post \r\n31\r\n[* *] shall be entitled, in accordance \r\nwith the rules, to the pay sanctioned for such post \r\n32\r\n[*    *]: \r\n Provided that, when the appointment is made on a \r\n33\r\n[current charge or acting \r\ncharge basis in the manner prescribed] or by way of additional charge, his pay shall \r\nbe fixed in the prescribed manner: \r\n Provided further that where a civil servant has been dismissed or removed \r\nfrom service or reduced in rank, he shall, in the event of the order of dismissal, \r\nremoval from service or reduction in rank being set aside, be entitled to such arrears \r\nof pay as the authority setting aside the order may determine. \r\n17. Leave.– A civil servant shall be allowed leave in accordance with the leave \r\nrules applicable to him; provided that the grant of leave shall depend on the \r\nexigencies of service and shall be at the discretion of the competent authority. \r\n18. Pension and gratuity .– \r\n34\r\n[(1) On retirement from service, a civil servant \r\nappointed before the commencement of Punjab Civil Servants (Amendment) \r\nOrdinance 2023 (I of 2024), shall be entitled to receive such pension or gratuity as \r\nmay be prescribed.] \r\n(2) In the event of death of a c ivil servant, whether before or after \r\nretirement, his family shall be entitled to receive such pension, or gratuity, or both, as \r\nmay be prescribed. \r\n(3) No pension shall be admissible to a civil servant who is dismissed or \r\nremoved from service for reasons o f discipline but Government may sanction \r\ncompassionate allowance to such a servant, not exceeding two -thirds of the pension \r\nor gratuity, which would have been admissible to him if he had been by bodily or \r\nmental infirmity incapacitated for further service on the date of such dismissal or \r\nremoval. \r\n(4) If the determination of the amount of pension or gratuity admissible to a \r\ncivil servant is delayed beyond one month of the date of his retirement or death, he \r\nor his family, as the case may be, shall be paid pr ovisionally such anticipatory \r\n                                                           \r\n31The words “or grade” were omitted by the Punjab Civil Servants (Amendment) Ordinance, 1984 (II of 1984), published in the \r\nPunjab Gazette (Extraordinary), dated: 22 July 1984, pages 503-A to 503-C, s. 8. \r\n32Ibid. \r\n33Substituted for the words “current charge basis ” by the Punjab Civil Servants (Amendment) O rdinance, 1983 (I of 1983), \r\npublished in the Punjab Gazette (Extraordinary), dated: 18 January 1983, s. 2. \r\n34Substituted by the Punjab Civil Servants (Amendment) Act 2024 (III of 2024), published in the Punjab Gazette (Extraordinary), \r\ndated: 14 June 2024, pp. 4755-4756, s. 5. \r\npension or gratuity as may be determined by the prescribed authority according to \r\nthe length of service of the civil servant which qualifies for pension or gratuity, and \r\nany overpayment consequent upon such provisional payment  shall be adjusted \r\nagainst the amount of pension or gratuity finally determined as payable to such civil \r\nservant or his family. \r\n35\r\n[18-A. Defined Contribution Pension Scheme. – (1) A person appointed or \r\nregularized as civil servant on or after the commencement of Punjab Civil Servants \r\n(Amendment) Ordinance 2023 (I of 2024) shall participate in a Defined Contribution \r\nPension Scheme as may be prescribed. \r\n(2) In the Defined Contribution Pension Scheme, the Government, as \r\nemployer, and such civil servant, as emplo yee, shall contribute to pension account, \r\nand such contributions shall be invested in a pension fund until retirement of the \r\nemployee and the accumulated balance in the pension account, at the time of \r\nretirement, is withdrawn or invested further to generat e monthly income during post \r\nretirement phase, subject to such exceptions as may be prescribed.] \r\n19. Provident Fund.– (1) Before the expiry of the third  month of every financial \r\nyear, the accounts officer or other officer required to maintain provident fun d \r\naccounts shall furnish to every civil servant subscribing to a provident fund the \r\naccount of which he is required to maintain a statement under his hand showing the \r\nsubscriptions to, including the interest accruing thereon, if any, and withdrawals or \r\nadvances from his provident fund during the preceding financial year. \r\n(2) Where any subscription made by a civil servant to his provident fund \r\nhas not been shown or credited in the account by the accounts officer or other officer \r\nrequired to maintain such account, such subscription shall be credited to the account \r\nof the civil servant on the basis of such evidence as may be prescribed. \r\n20. Benevolent Fund and Group Insurance.– All civil servants and their families \r\nshall be entitled to the benefits admissible u nder the \r\n36\r\n[West Pakistan] Government \r\nServants Benevolent Fund Ordinance, 1960 and the \r\n37\r\n[West Pakistan] Government \r\nEmployees Welfare Fund Ordinance, 1969 and the rules made thereunder. \r\n21. Right of appeal or representation .– (1) Where a right to prefer an a ppeal or \r\napply for review in respect of any order relating to the terms and conditions of his \r\nservice is allowed to a civil servant by any rules applicable to him, such appeal or \r\napplication shall, except as may otherwise be prescribed, be made within sixt y days \r\nof the communication to him of such order. \r\n(2) Where no provision for appeal or review exists in the rules in respect of \r\nany order, a civil servant aggrieved by any such order may, except where such order \r\nis made by the Governor, within sixty days o f the communication to him of such \r\norder, make a representation against it to the authority next above the authority \r\nwhich made the order: \r\n                                                           \r\n35Inserted by the Punja b Civil Servants (Amendme nt) Act 2024 (III of 2024),  published in the Punjab Gazette (Extraordinary), \r\ndated: 14 June 2024, pp. 4755-4756, s. 6. \r\n36Now „Punjab‟. See Punjab Laws (Adaptation) Order, 1974 (I of 1974); and published in the Punjab Gazette (Extrao rdinary), \r\ndated 20.11.1974, pages 1425-A to 1425-PP, see Article 2 and Schedule, Part III, at entry No.37 (w.e.f. 14.8.1973).  \r\n37Now „Punjab‟. See Punjab Laws (Adaptation) Order, 1974 (I of 1974); and published in the Punjab Gazette (Extraordinary), \r\ndated 20.11.1974, pages 1425-A to 1425-PP, see Article 2 and Schedule, Part III, at entry No.95 (w.e.f. 14.8.1973). \r\n Provided that no representation shall lie on matters relating to the \r\ndetermination of fitness of a person to hold a particular post or to be promoted to a \r\nhigher post \r\n38\r\n[* * *] \r\n39\r\n[.] \r\nCHAPTER III \r\nMISCELLANEOUS \r\n22. Saving.– Nothing in this Act or in any rule shall be construed to limit or \r\nabridge the power of the Governor to deal with the case of any civil servant in such \r\nmanner as may appear to him to be just and equitable: \r\n Provided that, where this Act or any rule is applicable to the case of a civil \r\nservant, the case shall not be dealt with in any manner less favourable to him than \r\nthat provided by this Act or such rule. \r\n40\r\n[22A. Indemnity.– No suit, prosecution or other legal proceedings shall lie against a \r\ncivil servant for anything done in his official capacity which is in good faith done or \r\nintended to be done under this Act or the rules, instructions or directions made  or \r\nissued thereunder. \r\n22B. Jurisdiction barred .– Save as provided under this Act and the Punjab \r\nService Tribunals Act, 1974 (IX of 1974), or the rules made thereunder, no order \r\nmade or proceedings taken under this Act, or the rules made thereunder by the \r\nGovernor or any officer authorized by him shall be called in question in any Court \r\nand no injunction shall be granted by any Court in respect of any decision made, or \r\nproceedings taken in pursuance of any power conferred by, or under, this Act or the \r\nrules made thereunder.] \r\n41\r\n[22C. Appointment of Federal civil servants .– (1) Notwithstanding anything \r\ncontained in this Act, the Government may, by notification, appoint a person to a civil \r\nservice of the Province or to a post in connection with the affairs of th e Province who \r\nimmediately before the commencement of the Constitution (Eighteenth Amendment) \r\nAct, 2010 (X of 2010) was holding a post in connection with the affairs of the \r\nFederation and whose services have been transferred to the Province in the wake of \r\nthe said amendment Act of 2010.  \r\n(2) The Government shall, in prescribed manner, determine the terms and \r\nconditions of service of the civil servants appointed under subsection (1) including \r\ncadre and seniority.] \r\nCHAPTER IV \r\nRULES \r\n                                                           \r\n38The words “or grade” and the “full-stop” were omitted by the Punjab Civil Servants (Amendment) Ordinance, 1984 (II of 1984), \r\npublished in the Punjab Gazette (Extraordinary), dated: 22 July 1984, pages 503-A to 503-C, s. 9. \r\n39Inserted ibid. \r\n40Added by the Punjab Civil Servants (Amendment) Ordi nance, 2002 (XXVII of 2002),  published in the Punjab Gazette \r\n(Extraordinary), dated: 27 May 2002, pp. 1763, s. 2. Under Article 5A of the Provisional Constitution Order 1999 (I of 1999), as \r\namended, read with Article 270AA of the Constitution of the Islamic Republic of Pakistan, 1973, it shall not be subject to an y \r\nlimitation as to duration prescribed in the Constitution. \r\n41Inserted by the Punjab Civil Servants (Amendm ent) Act 2014 (XIV of 2014),  published in the Punjab Gazette (Extraordinary), \r\ndated: 29 May 2014, pp. 3957-3958, s. 2. \r\n23. Rules.– (1) The Governor, or any person authorized in this behalf may make \r\nsuch rules as appear to him to be necessary or expedient for carrying out the \r\npurposes of this Act. \r\n(2) Any rules, orders or instructions in respect of any terms and conditions \r\nof service of civil servant s duly made or issued by an authority competent to make \r\nthem and in force immediately before the commencement of this Act shall, in so far \r\nas such rules, orders or instructions are not inconsistent with the provisions of this \r\nAct, be deemed to be rules made under this Act. \r\n24. Repeal of Punjab Ordinance No. II of 1974 .– The Punjab Civil Servants \r\nOrdinance, 1974 (Punjab Ordinance No. II of 1974), is hereby repealed.",
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