THE [1][KHYBER PAKHTUNKHWA]VALIDATION OF

STANDING ORDER ACT, 2005.

([2][KHYBER PAKHTUNKHWA] ACT NO. IV OF 2005)

CONTENTS

PREAMBLE

SECTIONS

1.         Short title and commencement.

2.         Validation of Standing Order No. 11 of 1987.

THE [3][KHYBER PAKHTUNKHWA] VALIDATION OF

STANDING ORDER ACT, 2005.

([4][KHYBER PAKHTUNKHWA] ACT NO. IV OF 2005)

[First published after having received the assent of the Governor of the

^[5][Khyber Pakhtunkhwa] in the Gazette of the ^[6][Khyber Pakhtunkhwa]

 (Extraordinary), dated the 2^ndFebruary, 2005].

AN

ACT

to validate the rights created by Standing Order No. 11 of 1987,

issued by the Inspector General of Police, ^[7][Khyber Pakhtunkhwa] .

Preamble.—WHEREAS it is expedient to validate the rights created by Standing Order No. 11 of 1987, issued by the Inspector General of Police, ^[8][Khyber Pakhtunkhwa];

It is hereby enacted as follows:

1.         Short title and commencement.—(1) This Act may be called the ^[9][Khyber Pakhtunkhwa] Validation of Standing Order Act, 2005.

(2)      It shall come into force at once and shall be deemed to have taken effect on the 17^thday of July. 1987.

2.         Validation of Standing Order No. 11 of 1987.—(1) Notwithstanding anything contained in the existing service rules governing the promotion and seniority of Constables, Head Constables, Assistant Sub-Inspectors and Sub-Inspectors of the Police Department, or any decree, order or judgment of a court, or for reasons of any procedural deficiency,-

(a)               the rights of promotion and seniority accruing under Standing Order No. 11 of 1987 (hereinafter referred to as the said Order), issued by the Inspector General of Police, ^[10][Khyber Pakhtunkhwa], in the larger public interest, with the sole intention and object to improve the efficiency and sense of responsibility amongst the aforesaid Police personnel, shall be deemed, and shall always be deemed, to have validly been accrued; and

(b)                                all appointments and promotions made and seniority lists drawn from 1987 till date, on the basis of the said Order, shall always be deemed to have validly been made and drawn and shall not be called in question before any court or authority.

(2)       The existing service rules governing the seniority of the said Police personnel, till such time as formally amended, shall, to the extent of serving the purposes under sub-section (1), be deemed to have been impliedly modified.