The Khyber Pakhtunkhwa Employees of the Elementary and Secondary Education Department (Appointment and Regularization of Services) Act, 2017

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Department: Elementary and Secondary Education Department
Main Category: Acts
Specific Category Name: Employee
Year 2018
Promulgation Date: 08-01-2018
Details:

THE KHYBER PAKHTUNKHWA EMPLOYEES OF THE ELEMENTARY & SECONDARY EDUCATION DEPARTMENT  (APPOINTMENT AND REGULARIZATION OF SERVICES) ACT, 2017.

 

(KHYBER PAKHTUNKHWA ACT NO. I OF 2018)

 

CONTENTS

 

PREAMBLE

 

SECTIONS

 

1.         Short title, application, extent and commencement.

2.          Definition.

3.         Regularization of services of employees.

4.         Determination of seniority.

5.         Overriding effect.


THE KHYBER PAKHTUNKHWA EMPLOYEES OF THE ELEMENTARY & SECONDARY EDUCATION DEPARTMENT  (APPOINTMENT AND REGULARIZATION OF SERVICES) ACT, 2017.

 

(KHYBER PAKHTUNKHWA ACT NO. I OF 2018)

 

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

 the Khyber Pakhtunkhwa in the Gazette of Khyber Pakhtunkhwa

(Extraordinary),dated the 8th January, 2018 ].

 

AN

ACT

 

to provide for the appointment and regularization of the services of certain employeesappointed on adhoc or contract basis or appointed in certain projects in the Elementary and Secondary Education Department in

the Province of the Khyber Pakhtunkhwa.

 

WHEREAS it is expedient to provide for the appointment and regularization of the services of certain employees appointed on adhoc or contract basis or appointed in certain projects in the Elementary and Secondary Education Department in the Province of the Khyber Pakhtunkhwa, in the public interest;

 

It is hereby enacted as follows:

 

1.         Short title, application and commencement.---(1) This Act may be called the Khyber Pakhtunkhwa Employees of the Elementary and Secondary Education Department (Appointment and Regularization of Services) Act, 2017.

                                                                                              

(2)        It shall apply to all the employees in the Elementary and Secondary Education Department, as defined in clause (c) of sub-section (1) of section 2 of this Act.

 

(3)        It shall come into force at once and it shall be deemed to have taken effect from the date of the initial appointment of the employees as referred to in clause (c) of sub-clause (1) of section 2 of this Act.

 

2.         Definitions.---(1) In this Act, unless the context otherwise requires,-

 

(a)                “Commission” means the Khyber Pakhtunkhwa Public Service Commission;

 

(b)               “contract appointment” means appointment of a duly qualified person for a specific period made otherwise than in accordance with the prescribed method of recruitment;

 

(c)                “employees” mean duly qualified persons,-

 

(i)         who are appointed as teachers on adhoc or contract basis by the Government after 2013 through National Testing Service but does not include the teachers engaged on work charge basis or who are paid out of contingencies;

 

(ii)        who are appointed in the projects on contract basis in accordance with the project policy; and

 

(iii)       who are appointed as Junior Clerk in the Elementary and Secondary Education Department by Government after 2013 through National Testing Service;

 

(d)               “Government” means the Government of the Khyber Pakhtunkhwa;

 

(e)                “law or rule” means the law or rule for the time being in force governing the selection and appointment of civil servants;

 

(f)                “project” means,-

 

(i)         IT/Computer Teachers in Computer Labs Projects in Khyber Pakhtunkhwa (Phase-II);

(ii)        establishment of five hundreds (500) IT Labs in Government High and Secondary Schools in Khyber Pakhtunkhwa; and

 

(iii)       establishment of five hundreds (500) IT Labs in Government High Schools in Khyber Pakhtunkhwa (Phase-III); and

 

 

(g)               “teacher” means a teacher of primary, middle, secondary or higher secondary school.

 

            (2)        The expressions “adhoc appointment” shall have the same meaning as respectively assigned to them in the Khyber Pakhtunkhwa Civil Servants Act, 1973 (Khyber Pakhtunkhwa Act No.XVIII of 1973).

 

3.         Regularization of services of employees.---(1) Notwithstanding anything contained in any other law or rules, the employees, who hold posts till the commencement of this Act, shall be deemed to have been validly appointed on regular basis from the day of the initial appointment; provided that-

 

(i)         they possess the same qualification and experience required for a regular post;

 

(ii)        they have not resigned from their services or terminated from services on account of misconduct, inefficiency or any other ground, before the commencement of this Act; and

 

(iii)       the service promotion quota of all service cadres shall not be affected.

 

            (2)        The services of the employees shall be deemed to have been regularized only on the publication of their names in the official Gazette.

 

4.         Determination of seniority.---(1) The employees whose service are regularized under this Act or in the process of attaining service at the commencement of this Act, shall rank junior to all other employees belonging to the same Cadre, who are in service on regular basis on the commencement of this Act, and shall also rank junior to such other persons, if any, who, in pursuance of the recommendation of the Commission made before the commencement of this Act, are to be appointed to the Cadre, irrespective of their actual date of appointment.

 

            (2)        The seniority inter-se of those employees, whose services are regularized under this Act within the Cadre, shall be determined on the basis of their continuous service in Cadre:

 

                        Provided that if the date of continuous service in the case of two or more employees is the same, the employee older in age shall rank senior to the younger one.

 

5.         Overriding effect.--- Notwithstanding anything to the contrary contained in any other law or rules for the time being in force, the provisions of this Act shall have an overriding effect and the provisions of any such law or rules to the extent of inconsistency to this Act shall cease to have effect.