Adhoc Lecturers (Regularization of Service) Act, 2014
Download FeedBackDepartment: | Higher Education, Archives and Libraries Department |
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Main Category: | Acts |
Specific Category Name: | Adhoc |
Year | 2014 |
Promulgation Date: | 26-05-2014 |
Details: | THE KHYBER PAKHTUNKHWA ADHOC LECTURERS (REGULARIZATION OF SERVICES) ACT, 2014. (KHYBER PAKHTUNKHWA ACT NO. XXII OF
2014) CONTENTS PREAMBLE SECTIONS 1. Short title and commencement. 2. Definitions. 3. Regularization of services of adhoc
lecturers. 4. Determination of seniority. 5. Overriding effect.
THE KHYBER PAKHTUNKHWA ADHOC LECTURERS (REGULARIZATION OF SERVICES) ACT, 2014. (KHYBER PAKHTUNKHWA ACT NO. XXII OF
2014) [First published
after having received the assent of the Governor of the Khyber Pakhtunkhwa in the Gazette of Khyber Pakhtunkhwa (Extraordinary),dated
the 26th May,2014]. AN ACT to provide for regularization of the services of
certain lecturers appointed on adhoc basis in the Province of the
Khyber Pakhtunkhwa. Preamble: WHEREAS Higher Education, Archives and Libraries Department has
appointed on 04.09.2013 upto 30.06.2014, one hundred and ninety-five male and
forty-six female lecturers in various colleges of the Khyber Pakhtunkhwa on
adhoc basis; AND WHEREAS it is expedient
to provide for the regularization of the services of these lecturers, in the
public interest, for the purposes hereinafter appearing; It is hereby enacted as
follow: 1. Short
title and commencement.- (1) This Act
may be called the Khyber Pakhtunkhwa Adhoc Lecturers (Regularization of
Service) Act, 2014. (2) 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) "Department" means the Higher Education, Archives
and Libraries Department; (c) "Government" means the Government of the Khyber
Pakhtunkhwa; (d) "law or rule" means the law or rule for the time
being in force governing the selection and appointment of civil servants; (e) "lecturer" means an adhoc lecturer appointee by
Government on 04.09.2013 on adhoc basis against post in various Government Colleges of the Khyber
Pakhtunkhwa; and (f) "post" means a post of the lecturer in the
Department and is required to be filled on the recommendation of the Commission. (2) The
expressions "adhoc appointment" shall have the same meanings 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 adhoc lecturers.--- (1)
Notwithstanding any thing contained in any law or rule, all lecturers, who were
holding the posts till the commencement of this Act, shall be deemed to have
been validly selected and appointed to those posts on regular basis from the
date of the commencement of this Act: Provided that- (a) such lecturers were appointed against those posts which falls
within the ambit of the Commission; (b) the services of such lecturers shall be deemed to have been
regularized under this Act only on the publication of their names in the
official Gazette; (c) such lecturers possess the qualification and experience
prescribed for the posts to which they are appointed on regular basis; (d) the candidates recommended by the Commission till the date of
commencement of this Act shall have the first right for appointment against the
post instead of lecturers to be regularized under this Act; and (e) such lecturers were appointed after observance of all codal
formalities/ criteria. (2) For the purposes of sub-section (1), the
date, on which the recommendation of the Commission is received in the
Department, shall be deemed to be the date of recommendation of the Commission. 4. Determination
of seniority.-(1) The lecturers whose services are regularized
under this Act, shall rank junior to all those belonging to same service or
cadre, as the case may be, who are in service on commencement of this Act, and
shall also rank junior to such other persons, if in pursuance of the
recommendation of the commission made before commencement, to be appointed to
the respective service of cadre, irrespective of their actual date of joining
the service. (2) The inter-se-seniority of the lecturers
whose service are regularized under this Act shall be determined on the basis
of their continuous officiating in service: Provided that if the
date of continuous officiating in the case of two or more lecturers is the same,
the lecturer older in age, shall rank senior to the younger one.
5. Overriding
effect.- Notwithstanding anything to the contrary in any
other law or rule for the time being in force, the provision of the Act shall
have an overriding effect and the provision of any such law or rule to the
extent of inconsistency to this Act shall cease to have effect. |