THE KHYBER PAKHTUNKHWA EMPLOYEES (REGULARIZATION OF SERVICES) ACT, 2018

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Department: Establishment and Administration Department
Main Category: Acts
Specific Category Name: Appointment and Regularization of Certain Employees Appointed on Adhoc Basis against Civil Posts
Year 2018
Promulgation Date: 07-03-2018
Details:

THE KHYBER PAKHTUNKHWA EMPLOYEES (REGULARIZATION OF SERVICES) ACT, 2018.

 

(KHYBER PAKHTUNKHWA ACT NO. X OF 2018)

 

CONTENTS

 

PREAMBLE

 

SECTIONS

 

1.         Short title, application and commencement.

2.          Definitions.

3.         Regularization of services of adhoc employees.

4.         Regularization of services of project employees.

5.         General conditions for regularization.

6.         Seniority.

7.         Removal of difficulties.

8.         Overriding effect.

 

SCHEDULE


 

THE KHYBER PAKHTUNKHWA EMPLOYEES (REGULARIZATION OF SERVICES) ACT, 2018.

 

(KHYBER PAKHTUNKHWA ACT NO. X 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 7th March, 2018].

 

AN

ACT

to provide for the appointment and regularization of services of

certain employees appointed on adhoc basis against

civil posts and contract basis against project posts

in the Province of the Khyber Pakhtunkhwa.

 

WHEREAS it is expedient to provide for the appointment and regularization of services of certain employees appointed on adhoc basis against civil posts and contract basis against project posts in the Province of the Khyber Pakhtunkhwa;

 

It is hereby enacted as follows:

 

1.         Short title, application and commencement.---(1) This Act may be called the Khyber Pakhtunkhwa Employees (Regularization of Services) Act, 2018.

 

            (2)       It shall apply to all the employees as defined in clause (e) of sub-section (1) of section 2 of this Act.

 

(3)       It shall come into force at once.

 

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

 

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

 

(b)       “contract appointment” means the appointment of a duly qualified person, for a specific period, made against project posts, in a prescribed manner;

 

(c)       “Departmental Selection Committee” means a Departmental Selection Committee, constituted for the purpose of making selection for initial recruitment to civil post under a Government Department or office of Government;

 

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

 

(e)       “employees” mean duly qualified,-

 

(i)        one hundred and fifty-eight (158) District Specialists of Health Department,who are appointed on adhoc basis against civil posts w.e.f. 4th July, 2017 and holding such civil posts till the commencement of this Act; and

 

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

 

(f)        “Government Department” means a Government Department, as defined in the Khyber Pakhtunkhwa Government Rules of Business, 1985;

 

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

 

(h)       “project” means a perpetual nature project, the continuation on which and conversion to regular budget is essential for service delivery duly identified by the Departments and reflected in the Schedule;

 

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

 

(j)      “project post” means a post in the project; and

 

(k)     “Schedule” means a Schedule appended to this Act.

 

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

 

3.         Regularization of services of adhoc employees.---Notwithstanding anything contained in any law or rules, the employees at sub-clause (i) of clause (e) of sub-section (1) of section 2 of this Act, appointed on adhoc basis against civil posts and holding such civil posts till the commencement of this Act, shall be deemed to have been validly appointed on regular basis, from the date of commencement of this Act, subject to verification of their qualifications and other credentials by the concerned Government Department.

 

4.         Regularization of services of project employees.---Notwithstanding anything contained in any law or rules, the employees at sub-clause (ii) of clause (e) of sub-section (1) of section 2 of this Act, appointed on contract basis against project posts and holding such project posts till the commencement of this Act, shall be deemed to have been validly appointed on regular basis from the date of commencement of this Act, subject to verification of their qualifications and other credentials by the concerned Government Department:

 

            Provided that the terms and conditions of services of employees reflected at S.No.5 of the Schedule shall further be governed under the National Disaster Management Authority Act, 2010 (Act No. XXIV of 2010)and Regulations made thereunder; and the terms and conditions of services of employees reflected at S.No.6 & 7 of the Schedule shall be governed under the Khyber Pakhtunkhwa Emergency Rescue Services Act, 2012 (Khyber Pakhtunkhwa Act No. XV of 2012).

           

5.         General conditions for regularization.---For the purpose of regularization of the employees under this Act, the following general conditions shall be observed:

 

(i)        the service promotion quota of all service cadres shall not be affected;

 

(ii)       the employees shall possess the same qualification and experience as required for a regular post;

 

(iii)     the employees have not resigned from their services or terminated from service on account of misconduct, inefficiency or any other grounds before the commencement of this Act; and

 

(iv)      the services of such employees shall be deemed to have been regularized only on the publication of their names in the Official Gazette.

 

6.         Seniority.---(1) Except the employees mentioned in the proviso to section 4 of this Act, whose services are to be regulated by their respective laws and rules, all other 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 or Departmental Selection Committee, as the case may be, 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 inter-se 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.

 

7.       Removal of difficulties.---If any difficulty arises in giving effect to any of the provisions of this Act, the Chief Minister may make such order not inconsistent with the provisions of this Act as may appear to it to be necessary for the purpose of removing such difficulty:

 

Provided that no such powers shall be exercised after the expiry of one year from the coming into force of this Act.

 

8.       Overriding effect.---Notwithstanding anything 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.

 


 

SCHEDULE

See section 2(1)(h)(k)

 

1.                 Capacity Building of Planning and Development Department.

2.                 Establishment of M&E System in Khyber Pakhtunkhwa.

3.                 Sustainable Development Unit, Planning and Development Department.

4.                 Urban Policy Unit, Planning and Development Department.

5.                 Provincial Reconstruction, Rehabilitation & Settlement Authority under Provincial Disaster Management Authority.

6.                 Establishment of Emergency Rescue Services (Rescue 1122) in 16 Districts.

7.                 Establishment of Planning, Monitoring& Evaluation Wing in ERS (Rescue 1122) Headquarter.

8.                 Roll Back Malaria Control Program.

9.                 Prime Minister’s Program for prevention and control of Hepatitis.

10.            Establishment of Financial Management Cell in Health Department.

11.            Establishment of Safe Blood transfusion.

12.            Strengthening of TB Control Program Khyber Pakhtunkhwa.

13.            Establishment of Procurement Cell in office of DG Health Services, Peshawar.

 

14.            Mother, Neonatal and Child Health (MNCH) Program in Khyber Pakhtunkhwa.

 

15.            Social Health Protection Initiative for Khyber Pakhtunkhwa.

16.            Establishment of Bacha Khan Medical College Mardan.

17.            Integrated HIV, Hepatitis and Thalassemia Control Program.

18.            Construction of Shaheed Mohtarama Benazir Bhutto Children Hospital Mardan.

19.            Higher Education Management Information System (HEMIS) Cell.

20.            Project Management Unit (PMU) for implementation of BS Program and Special Initiatives.

 

21.            Computerization of Arms License.

22.            Prison Management Information System.

23.            Development of Common Application for Government Departments.

24.            ICT Infrastructure for Government of Khyber Pakhtunkhwa.

24A.  IT Support for improvement of Health Service Delivery.

24B.   IT Professional Training Centre.

25.            Strengthening of Planning Cell at Elementary & Secondary Education          Department.

 

26.            Provision of free text book to all students of Khyber Pakhtunkhwa upto Intermediate level (Phase-XIV).

 

27.            Strengthening of Planning Cell at Industries Department.

28.            Establishment of Special Media Cell in the Directorate of Information.

29.            Strengthening of Information Department.

30.            Establishment of three FM Stations at Kohat, Swat and Abbottabad.

31.            Establishment of Planning Cell at Local Government and Rural Development Department.

32.            Retirement Benefit and Death Compensation Cell.

33.            Automation of Pension Payment System (APPS).

34.            Energy Monitoring Unit.

35.            Establishment of Planning Cell in Food Department.

36.            Automation of Food Department.

37.            Operationalization of Redesigned Energy and Power Department.

38.            Establishment of Planning Cell in Energy and Power Department.

39.            Computerization of Land Record.

40.            Creation of MRS Cell in C&W Department.

41.            Enhancement of existing facilities in MIS/GIS for C&W Department.

42.            Strengthening of Planning Cell and Monitoring of Developmental Projects of Agriculture Department.

 

43.            Project Coordination Unit (PCU) for implementation of Law and Order       Initiative in Khyber Pakhtunkhwa.

 

44.            Afghan Management and Repatriation Cell at Home Department.

45.            Traffic Control Management System and FM Radio693-120173.

46.            Strengthening of Prosecution Directorate, PCMC and Planning Cell at Home Department.

 

47.            Establishment of 100 Family Welfare Centers.

48.            Establishment of Population and Research Training Institute and Social Mobilization.

 

49.            Value Addition/Research and Development works on Ore Minerals in Khyber Pakhtunkhwa.

 

50.            Establishment of Model Coal Mine at Shahkot District Nowshera.

51.            Establishment of Zoo for Peshawar Division.

52.            Development and Management of National Park in Khyber Pakhtunkhwa.

 

53.            Conservation and Management of Wildlife in Central and Northern Division.

 

54.            Establishment of Monitoring, Evaluation, Grievance and Inquiry Cell in Administrative Department.

 

55.            Establishment of Climate Change Cell for Multilateral Environmental Agreements.

 

56.            Carbon Stock Assessment in Khyber Pakhtunkhwa.

57.            Introduction of Range Management Initiatives in Khyber Pakhtunkhwa.

58.            Establishment of Engineering Wing in Sports, Tourism, Archeology, Youth Affairs and Museums Department.