THE KHYBER PAKHTUNKHWA EMPLOYEES (REGULARIZATION OF SERVICES) ACT, 2018
Download FeedBack| Department: | Establishment and Administration Department |
|---|---|
| Main Category: | Acts |
| Specific Category Name: | Appointment/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. |