THE [1][KHYBER PAKHTUNKHWA]

EMPLOYEES (REGULARIZATION OF SERVICES) ACT, 2009.

([2][KHYBER PAKHTUNKHWA] ACT NO. XVI OF 2009)

CONTENTS

PREAMBLE

SECTIONS

1.         Short title and commencement.

2.         Definitions.

3.         Regularization of services of certain employees.

4.         Determination of seniority.

4A.      Overriding effect.

5.         Repeal.

THE [3][KHYBER PAKHTUNKHWA]

EMPLOYEES (REGULARIZATION OF SERVICES) ACT, 2009.

([4][KHYBER PAKHTUNKHWA] ACT NO. XVI OF 2009)

[First published after having received the assent of the Governor of the [5][Khyber Pakhtunkhwa] in the Gazette of [6][Khyber Pakhtunkhwa](Extraordinary),dated the 24^th October, 2009]

AN

ACT

to provide for the regularization of the services of certain employees

 appointed on adhoc or contract basis.

            WHEREAS it is expedient to provide for the regularization of the services of certain employees appointed on adhoc or contract basis, in the public interest, for the purposes hereinafter appearing;

            It is hereby enacted as follows:-

1.         Short title and commencement.---(1) This Act may be called the [7][Khyber Pakhtunkhwa] Employees (Regularization of Services) Act, 2009.

            (2)        It shall come into force at once.

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

(a)        “Commission” means the [8][Khyber Pakhtunkhwa] Public Service Commission;

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

(b)        “employee” means an adhoc or a contract employee appointed by Government on adhoc or contract basis or second shift/night shift but does not include the employees for project post or appointed on work charge basis or who are paid out of contingencies;

(c)        “Government” means the Government of the [9][Khyber Pakhtunkhwa];

(d)       “Government Department” means any department constituted under rule 3 of the [10][Khyber Pakhtunkhwa] Government Rules of Business, 1985, and does not include any section of a Department or an organization which is federally funded;

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

(f)        “post” means a post under Government or in connection with the affairs of Government to be filled in on the recommendation of the Commission.

            (2)        The expressions “adhoc or contract appointment” and “civil servant” shall have the same meanings as respectively assigned to them in the [11][Khyber Pakhtunkhwa] Civil Servants Act, 1973 ([12][Khyber Pakhtunkhwa] Act No. XVIII of 1973).

3.         Regularization of services of certain employees.---All employees including recommendees of the High Court appointed on contract or adhoc basis and holding that post on 31^st December, 2008 or till the commencement of this Act shall be deemed to have been validly appointed on regular basis having the same qualification and experience for a regular post:

            Provided that the service promotion quota of all service cadres shall not be affected. 

4.         Determination of seniority.---(1) The employees whose services are regularized under this Act or in the process of attaining service at the commencement of this Act shall rank junior to all civil servants belonging to the same service or cadre, as the case may be, 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 respective service or cadre, irrespective of their actual date of appointment.

            (2)        The seniority interse of the employees, whose services are regularized under this Act within the same service or cadre, shall be determined on the basis of their continuous officiation in such service or cadre:

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

4A.      Overriding effect.---Notwithstanding any thing to the contrary contained in any other law or rule for the time being in force, the provisions of this Act shall have an overriding effect and the provisions of any such law or rule to the extent of inconsistency to this Act shall cease to have effect.

5.         Repeal.---The North-West Frontier Province Employees (Regularization of Services) Ordinance, 2009 (N.-W.F.P. Ordinance No. VII of 2009) is hereby repealed.