estacode complete nwfp

7/29/2019 Estacode Complete NWFP

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CHAPTER-I

CONSTITUTIONAL PROVISIONS REGARDINGTERMS AND CONDITIONS OF SERVICE OF CIVIL

SERVANTS.

Appointments to service of Pakistanand conditions of service.

Article 240 of the Constitution of Islamic Republicof Pakistan, 1973. Subject to the Constitution, theappointments to and the conditions of service of persons inthe service of Pakistan shall be determined;-

(a) in the case of the services of the Federation,posts in connection with the affairs of the

Federation and All-Pakistan Services, by or underAct of Majlis-e-Shoora (Parliament): and

(b) in the case of the services of a Province and postsin connection with the affairs of a Province, by orunder Act of the Provincial Assembly.

Explanation:- In this Article, "All-Pakistan Service"means a service common to the Federation and theProvinces, which was in existence immediately before thecommencing day or which may be created by Act of Majlis-e-

Shoora (Parliament).

Existing rules etc. to continue.

Article 241. Until the appropriate Legislature makes a lawunder Article 240, all rules and orders in force immediatelybefore the commencing day shall, so far as consistent withthe provisions of the Constitution, continue in force and maybe amended from time to time by the Federal Government oras the case may be, the Provincial Government.


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NWFP Civil Servants Acts, 1973.(N.W.F.P. Act No. XVIII of 1973)

Sl.No.2

An 1Act to regulate the appointment of persons to, and the

terms and conditions of service of persons in, the service of theNorth West Frontier Province.

Preamble- WHEREAS it is expedient to regulate by law,the appointment of persons to, and the terms and conditions ofservice of persons in, the service of the North West FrontierProvince, and to provide for matters connected therewith orancillary thereto;

It is hereby enacted as follows:-

1. Short title, application and commencement:- (1) ThisAct may be called the North West Frontier Province CivilServants Act,1973.

(2) This section and section 25, shall apply to personsemployed on contract, or on work charged basis, or who arepaid from contingencies, and the remaining provisions of this Actincluding this section, shall apply to all civil servants whereverthey may be.

3) It shall come into force at once.

CHAPTER-I

PRELIMINARY

2. Definitions:- (1) In this Act, unless the context otherwiserequires the following expressions shall have the meaningshereby respectively assigned to them, that is to say-

(a) "adhoc appointment" means appointment of a dulyqualified person made otherwise than in accordance

with the prescribed method of recruitment, pendingrecruitment in accordance with such method,


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_________________________________________________________________1. Published in the NWFP Government. Gazette, Ex. Ordinary dated

12.11.1973 at Pages 287 N-287V.


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(b) "civil servant" means a person who is a member of acivil service of the Province, or who holds a civil postin connection with the affairs of the Province, butdoes not include-

(i) a person who is on deputation to the Provincefrom the Federation or any other Province orother authority;

(ii) a person who is employed on contract, or onwork charged basis, or who is paid fromcontingencies; or

(iii) a person who is a "worker" or "workman" asdefined in the Factories Act,1934 (Act XXV of1934), or the Workman's CompensationAct,1923 (Act VIII of 1923);

(c) "Government" means the Government of the North-West Frontier Province.

(d) "Initial appointment" means appointment madeotherwise than by promotion or transfer;

(e) "Pay" means the amount drawn monthly by a civilservant as pay, and includes special pay, personalpay and any other emoluments declared by theprescribed authority to be paid ;

(f) "Permanent post" means a post sanctioned withoutlimit of times;

(g) "Prescribed " means prescribed by rules;

(h) "Province "means the North West Frontier Province;

(i) "rules" means rules made or deemed to have beenmade under this Act ;

(j) "Selection authority" means the North-West Frontier

Province Public Service Commission, a departmentalselection board, departmental selection committee


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or other authority or body on the recommendationsof, or in consultation with which any appointment orpromotion, as may be prescribed, is made;

(k) "temporary post" means a post other than a permanentpost.

(2) For the purpose of this Act, an appointment ,whether bypromotion or otherwise, shall be deemed to have been made onregular basis if it is made in the prescribed manner.

CHAPTER-II

TERMS AND CONDITIONSOF SERVICE OF CIVIL SERVANTS

3. Terms and Conditions:- The terms and conditions ofservice of a civil servant shall be as provided in this Act and therules.

4. Tenure of office of civil servants:- Every civil servantshall hold office during the pleasure of the Governor.

5. Appointment :- Appointment to a civil service of theProvince or to a civil post in connection with the affairs of theProvince shall be made in the prescribed manner by theGovernor or by a person authorised by the Governor in thatbehalf.

6. Probation:- (1) An initial appointment to a service or postreferred to in section 5, not being an adhoc appointment, shallbe on probation as may be prescribed.

(2) Any appointment of a civil servant by promotion ortransfer to a service or post may also be made on probation asmay be prescribed.

(3) Where, in respect of any service or post, thesatisfactory completion of probation includes the passing of aprescribed examination, test or course or successful completion

of any training, a person appointed on probation to such serviceor post who, before the expiry of the original or extended period


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of his probation, has failed to pass such examination or test orto successfully complete course or the training shall, except asmay be prescribed otherwise-(a) if he was appointed to such service or post by initial

recruitment, be discharged; or

(b) if he was appointed to such service or post by promotionor transfer, be reverted to the service or post from whichhe was promoted or transferred and against which heholds a lien or, if there be no such service or post, bedischarged:

Provided that in the case of initial appointment to a serviceor post, a civil servant shall not be deemed to have completedhis period of probation satisfactorily until his character andantecedents have been verified as satisfactory in the opinion ofthe appointing authority.7. Confirmation:-(1) A person appointed on probation shall,on satisfactory completion of his probation, be eligible forconfirmation in a service or, as the case may be, a post as maybe prescribed.

(2) A civil servant promoted to a post [....]1 on regularbasis shall be eligible for confirmation after renderingsatisfactory service for the period prescribed for confirmationtherein.

(3) There shall be no confirmation against anytemporary post.

(4) A civil servant who, during the period of his service,was eligible to be confirmed in any service or against any postretires from service before being confirmed shall not, merely byreason of such retirement, be refused confirmation in suchservice or post or any benefits accruing therefrom.

(5) Confirmation of a civil servant in a service or postshall take effect from the date of occurrence of permanentvacancy in that service or post or from the date of continuousofficiation, in such service or post, whichever is later.


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8. Seniority:- (1) For proper administration of a service,cadre or {post}2, the appointing authority shall cause a senioritylist of the members for the time being of such service, cadre or{post}2 to be prepared, but nothing herein contained shall beconstrued to confer any vested right to a particular seniority insuch service, cadre or [post]2 as the case may be.

(2) Subject to the provisions of sub-section(1), the seniorityof a civil servant shall be reckoned in relation to other civilservants belonging to the same service or [cadre]3 whetherserving the same department or office or not, as may beprescribed.

(3) Seniority on initial appointment to a service, [cadre]4 orpost shall be determined as may be prescribed._________________________________________________________________1. The words "or grade" omitted by NWFP Ord. No.IV of 1985 Section 2.2. The word "grade" substituted by NWFP Ordinance No.IV of 1985 Section

3(a).3 The word "grade" substituted by NWFP Ordinance No.IV of 1985 Section3(b).4 The word "grade"substituted by NWFP Ordinance No.IV of 1985 of Section3(c).


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1["(4) Seniority in a post, service or cadre to which a civilservant is promoted shall take effect from the date of regularappointment to that post;

Provided that civil servants who are selected for promotionto a higher post in one batch shall, on their promotion to thehigher post, retain their inter-se-seniority as in the lower post.]

2["(5) The seniority lists prepared under sub -section(1),shall be revised and notified in the official Gazette at least oncein a calendar year, preferably in the month of January"].

9. Promotion:-(1) A civil servant possessing such minimumqualifications as may be prescribed shall be eligible forpromotion to a [higher]3 post for the time being reserved underthe rule for departmental promotion in [....]4 the service orcadre to which he belongs.

(2) A post referred to in sub-section (1) may either be aselection post or a non selection post to which promotion shallbe made as may be prescribed-

(a) in the case of a selection post, on the basis ofselection on merit; and

(b) in the case of non-selection post, on the basis ofseniority-cum-fitness.

10. Posting and Transfer:- Every civil servant shall be liable

to serve anywhere within or outside the province , in any postunder the Federal Government, or any Provincial Government orLocal authority, or a corporation or body set up or establishedby any such Government:-

Provided that nothing contained in this section shall applyto a civil servant recruited specifically to serve in a particulararea or region;

Provided further that, where a civil servant is required toserve in a post outside his service or cadre , his terms and

conditions of service as to his pay shall not be less favourable


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than those to which he would have been entitled if he had notbeen so required to serve.

_________________________________________________________________1 Sub-section(4) of Section 8 substituted by NWFP Ordinance No.IV of 1985

Section 3(d).2 Sub-Section (5) of Section 8 added by NWFP Act No.1 of 1989.3 The word "higher" inserted by NWFP Ordinance No.IV of 1985 Section 4.4. The words "the higher grade of" omitted by NWFP Ordinance No.IV of 1985section 4(b).

11. Termination of service:- (1) The service of a civilservant may be terminated without notice-

(i) During the initial or extended period of his probation:

Provided that, where such civil servant is appointedby promotion on probation or, as the case may be,is transferred from one [service]1 , cadre or post toanother [service]1, cadre or post, his service shallnot be so terminated so long as he holds a lienagainst his former post in such [service]1 or cadre,but he shall be reverted to his former [service]1,cadre or post, as the case may be;

(ii) On the expiry of the initial or extended period of his

employment;.or

(iii) if the appointment is made adhoc terminable on theappointment of a person on the recommendation ofthe selection authority, on the appointment of suchperson.

(2) Where, on the abolition of a post or reduction in thenumber of post in a cadre or grade, the services of a civilservant are required to be terminated, the person whoseservices are terminated shall ordinarily be the one who is the

most junior in such cadre or grade.


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(3) Notwithstanding the provisions of sub-section (1),but subject to the provisions of sub section (2), the service of acivil servant in temporary employment or appointed adhoc shallbe liable to termination on fourteen days notice or pay in lieuthereof.

12. Reversion to a lower (post)2.:- A civil servantappointed to a higher post or 3[before the commencement of theNorth-West Frontier Province Civil Servants amendment)Ordinance,1985 to a higher] grade adhoc or on temporary orofficiating basis shall be liable to reversion to his lower post4[....] without notice.

______________________________________________________________

1. The word"grade" substituted by NWFP Ordinance No.IV of 1985 Section 5.2. The words "grade or service" substituted by NWFP Ordinance No.IV of1985 section 6(a).3. The words inserted by NWFP Ordinance No.IV of 1985 section 6(b).4. The words"or grade" omitted by NWFP Ordinance No.IV of 1985.


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1"12A. Certain persons to be liable to removal orreversion:- Notwithstanding anything contained in his termsand conditions of service, a civil servant appointed or promotedduring the period from first day of January, 1972 to the fifth dayof July,1977 may be removed from service or reverted to hislower post as the case may be, without notice, by the Governoror a person authorised by him in this behalf, on such date as theGovernor or, as the case may be, the person so authorised may,in the public interest, direct."

2"13. Retirement from service:- A civil servant shall retirefrom service on the completion of sixtieth year of his age.

14. Employment after retirement:-(1) A retired civilservant shall not ordinarily be re-employed under Government,unless such re-employment is necessary in the public interestand is made with the prior approval of the authority next abovethe appointing authority:

Provided that, where the appointing authority is theGovernor, such re-employment may be ordered with theapproval of the Governor.

(2) Subject to the provision of sub-section(1) of section3 of the Ex-Government Servants (Employment with ForeignGovernments) (Prohibition) Act,1966 (Act XII of 1966), a civilservant may, during leave preparatory to retirement, or afterretirement from Government service, seek any private

employment:

Provided that, where employment is sought by a civilservant while on leave preparatory to retirement or within twoyears of the date of his retirement, he shall obtain the priorapproval of the prescribed authority.

15. Conduct:- The conduct of a civil servant shall beregulated by rules made, or instructions issued, by Governmentor a prescribed authority, whether generally or in respect of aspecified group or class of civil servants.


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16. Disciplinary action:- A civil servant shall be liable toprescribed disciplinary action and penalties in accordance withthe prescribed procedure.

_________________________________________________________________1. Section 12A inserted by NWFP Ordinance N o.IX of 1978 section 2.2. Section 13 substituted vide NWFP Civil Servants(Amendment) Act,1991(Act No.III of 1991.)


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17. Pay:- A civil servant appointed to a post [....]1 shall beentitled, in accordance with the rules, to the pay sanctioned forsuch post [....]1:

Provided that, when the appointment is made on acurrent-charge basis or by way of additional charge, his payshall be fixed in the prescribed manner:

Provided further that where a civil servant has, under anorder which is later set aside, been dismissed or removed fromservice or reduced in rank, he shall, on the setting aside of suchorder, be entitled to such arrears of pay as the authority settingaside such order may determine.

18. Leave:- A civil servant shall be allowed leave inaccordance with the leave rules applicable to him; provided thatthe grant of leave will depend on the exigencies of service andbe at the discretion of the competent authority.

19. Pension and gratuity:- (1) On retirement from service, acivil servant shall be entitled to receive such pension or gratuityas may be prescribed.

(2) In the event of the death of a civil servant, whetherbefore or after retirement , his family shall be entitled to receivesuch pension, or gratuity or both, as may be prescribed.

(3) No pension shall be admissible to a civil servantwho is dismissed or removed from service for reasons of

discipline, but Government may sanction compassionateallowance to such a civil servant, not exceeding two third of thepension or gratuity which would have been admissible to himhad he been invalidated from service on the date of suchdismissal or removal.

(4) If the determination of the amount of pension orgratuity admissible to a civil servant is delayed beyond onemonth of the date of his retirement or death, he or his family, asthe case may be, shall be paid provisionally such anticipatorypension or gratuity as may be determined by the prescribed

authority, according to the length of service of the civil servantwhich qualifies for pension or gratuity; and any over payment on


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such provisional payment shall be adjusted against the amountof pension or gratuity finally determined as payable to such civilservant or his family.

_________________________________________________________________1. The words "or grade" omitted by NWFP Ordinance No.IV of 1985 Section 8.


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20. Provident Fund:- (1) Before the expiry of the thirdmonth of every financial year, the Accounts Officer or otherofficer required to maintain provident fund accounts shall furnishto every civil servant subscribing to a provident fund theaccount of which he is required to maintain a statement underhis hand showing the subscriptions to including the interestaccruing thereon, if any, and withdrawals or advances from hisprovident fund during the preceding financial year.

(2) Where any subscription made by a civil servant tohis provident fund has not been shown or credited in theaccount by the Accounts Officer or other officer required tomaintain such account, such subscription shall be credited tothe account of the civil servant on the basis of such evidence asmay be prescribed.

21. Benevolent Fund and Group Insurance:- All civilservants and their families shall be entitled to the benefitsadmissible under the West Pakistan Government EmployeesWelfare Fund Ordinance,1969 (W.P Ord.I of 1969), or the North-West Frontier Province Government Servants Benevolent FundOrdinance,1972 (NWFP Ord.VII of 1972), and the rules madethereunder.

22. Right of Appeal or Representation:- (1) Where a rightto prefer an appeal or apply for review in respect of any orderrelating to the terms and conditions of his service is provided toa civil servant under any rules applicable to him, such appeal orapplication shall, except as may be otherwise prescribed, be

made within thirty days of the date of such order.

(2) Where no provision for appeal or review exists underthe rules in respect of any order or class of orders, a civilservant aggrieved by any such order may, within thirty days ofthe communication to him of such order, make a representationagainst it to the authority next above the authority which madethe order:

Provided that no representation shall lie on mattersrelating to the determination of fitness of a person to hold a

particular post or to be promoted to a higher post or grade.


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CHAPTER-III

M I S C E L L A N E O U S

23. Saving:- Nothing in this Act or in any rule shall beconstrued to limit or abridge the power of the Governor to dealwith the case of any civil servant in such manner as mayappear to him to be just and equitable:

Provided that, where this Act or any rule is applicable tothe case of a civil servant, the case shall not be dealt with in anymanner less favourable to him than that provided by this Act orsuch rules.

24. Removal of difficulties:- If any difficulty arises in givingeffect to any of the provisions of this Act, the Governor maymake such order, not inconsistent with the provisions of thisAct, as may appear to him to be necessary for the purpose ofremoving the difficulty:

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

25. Appointment of persons on contract, etc:- TheGovernor or any person authorised by the Governor in thatbehalf may, on such terms and conditions as he may specify ineach case, appoint persons on contract basis, or on work-charged basis, or who are paid out of contingencies:

Provided that all such employees who were working inany such capacity immediately before the commencement ofthis Act shall continue to be so employed on the same terms andconditions on which they were appointed.

*26. Rules:- (1) The Governor or any person authorised bythe Governor in this behalf, may make such rules as appear tohim to be necessary or expedient for carrying out of thepurposes of this Act.

(2) Any rules, orders or instructions in respect of any

terms and conditions of service of civil servants duly made orissued by an authority competent to make them and in force


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immediately before the commencement of this Act shall, in sofar as such rules, orders or instructions are not inconsistent withthe provisions of this Act, be deemed to be rules made underthis Act.

27. Repeal:- The North-West Frontier Province Civil servantsOrdinance, 1973 (NWFP Ordinance No.VI of 1973), is herebyrepealed.

_______________________________________________________________________________________* The Governor has authorised the Chief Minister N.WF.P to make rules videNotification No.SORI(S&GAD)1-206/74/Vol.V dated 18.4.1989 which reads as under:-

"In exercise of the powers conferred by sub-section(1) of Section 26 of the NWFP CivilServants Act,1973(N.W.F.P Act XVIII of 1973), the Governor of the North West

Frontier Province is pleased to authorise the Chief Minister, North West FrontierProvince to make rules for carrying out of the purposes of the said Act"


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CHAPTER-II

Section-1

Statutory provision regarding Appointment.

Sl.No.1

Section 5 of Civil Servants Act, 1973 - Appointment to acivil service of the Province or to a civil post in connection withthe affairs of the Province shall be made in the prescribedmanner by the Governor or by a person authorised by theGovernor in that behalf.

THE NORTH-WEST FRONTIER PROVINCE CIVILSERVANTS (APPOINTMENT,PROMOTION &

TRANSFER) RULES,1989.

Sl.No.2

PART-I

GENERAL

1. Short title and commencement:- (1) These rules maybe called the North-West Frontier Province Civil Servants(Appointment, Promotion and Transfer) Rules,1989.

(2) They shall come into force at once.

1. Definitions:-(1) In these rules, unless the contextotherwise requires:-

(a) "Appointing Authority" in relation to a post, meansthe persons authorised under rule 4 to makeappointment to that post;

(b) "Basic Pay Scale" means the Basic Pay Scale for thetime being sanctioned by Government, in which a postor a group of posts is placed:


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(c)"Commission" means the North West Frontier ProvincePublic Service Commission.

___________________________________________________________* Issued vide notification No SOR-I (S&GAD) 4-1/80 dated 31.1.1989


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1(d) "Departmental Promotion Committee" means acommittee constituted for

making selection for promotion or transfer to such postsunder a Department, or offices of Government which donot fall within the purview of the Provincial SelectionBoard.

2"(dd) "Departmental Selection Board" means a Boardconstituted for the purpose of making selection for initialrecruitment /appointment to posts under a Department oroffice of Government in Basic Pay Scale 17 not fallingwithin the purview of the Commission".

Provided that more than one such committee may beconstituted for civil servants holding different scales of pay".

(e) "Departmental Selection Committee" means a committeeconstituted for the purpose of making selection for initialappointment to posts under a department, or office ofGovernment 1{in Basic Pay Scale 17 and below not fallingwithin the purview of the Commission}:

(f) "Post" means a post sanctioned in connection with theaffairs of the Province, but not allocated to all PakistanUnified Grades ; and

3(g) "Provincial Selection Board" means the Board constitutedby Government for the purpose of selection of civilservants for promotion or transfer to posts in respect

whereof the appointing authority under rule 4 is the ChiefMinister and shall consist of such persons as may beappointed to it by Government from time to time".

(2) Words and expressions used but not defined in these rulesshall have the same meanings as are assigned to them in theNorth-West Frontier Province Civil Servants Act,1973(N.W.F.Pact XVIII of 1973) or any other statutory order or rules ofGovernment for the time being in force.

2. Method of Appointment:-(1) Appointment to posts shallbe made by any of the following methods, namely:-


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(a) by promotion or transfer in accordance with theprovisions contained in Part-II of these rules; and

(b) by initial recruitment in accordance with theprovisions contained in Part-III of these rules.

_________________________________________________________________1. Substituted by clause (d) of sub rule (i) of rule 2 vide Notification

No.SOR.I(S&GAD)4-1/80(Vol.II), dated 14.1.1992.2. Clause(dd) of sub-rule(1) of rule-2 added by Notification

No.SOR.III(S&GAD)2-7/86, dated 8.12.1994.3. Clause"(g)"of sub-rule(1) of Rule 2 substituted by Notification

No.SORI(S&GAD)4-1/80/Vol.II dated 14.1.1992.


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(2) The method of appointment, qualifications and otherconditions applicable to a post shall be such as laid down by theDepartment concerned in consultation with the Services andGeneral Administration Department and the FinanceDepartment.

4. Appointing Authority:- The authorities competent tomake appointment to posts in various basic pay scales shall beas follows:-

S.No. ! Posts ! _________Appointing

Authority_________

11. (a) Posts in Basic Pay Scale 18 Chief Ministerand above including posts inBasic Pay Scale 17 borne onany of the following services;

(i) Former Provincial Civil

Service (Executive Branch);

(ii) Former Provincial CivilService (Judicial Branch);and

(iii)Provincial Civil SecretariatService.

(b) Posts in Basic Pay Scale 17 Chief Secretaryother than those covered by(a)above.

2. Posts in Basic Pay Scale 16. (a) In the case of

Secretariat of the

Government of NWFP, theChief

Secretary.

(b) In case of High Court,the

Chief Justice; and

(c) In the case of AttachedDepartment:


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(i) the Head of AttachedDepartmentconcerned; and

(ii) In any other case theSecretary of theDepartmentconcerned.

_________________________________________________________________1.Subsituted by Notification No.SOSRI(S&GAD)4-1/75(Vol.I) dated22.8.1991.


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3. Posts in Basic Pay Scales 3 to 15.(a) In the case of civil Servants

borne on ministerialestablishment of Civil Courtssubordinate to High Court,the officer authorised assuch by the Chief Justice;and

(b) In other cases

(i) an officer declared underthe relevant Delegation ofPowers Rules, which shall tothis extent be deemed asoperative; or

(ii) Where no such appointingauthority has been declared,the Secretary to Governmentor the Head of an AttachedDepartment/Office as thecase may be.

4. Posts in Basic Pay Scale 1 and 2. Deputy Secretaryincharge of Administration oroffice, as the case may be.

5. 1"Departmental Promotion & SelectionCommittee/Board" - (1) In each Department or office ofGovernment there shall be one or more Departmental PromotionCommittee and Departmental Selection Committee 2(or, as thecase may be, Departmental Selection Board), the composition ofwhich shall be determined by the Services and GeneralAdministration Department or the Department in consultationwith the Services and General Administration Department.

(2) Each such Committee 2("or the Board, as the casemay be ), shall consist of at least three members, one of whomshall be appointed as Chairman.


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36. "Procedure when recommendation is not accepted:-When an appointing authority for Basic Pay Scale 17 or belowdoes not accept the recommendation of a DepartmentalPromotion or Selection Committee, or the DepartmentalSelection Board, as the case may be, it shall record its reasonsand obtain order of the next higher authority"._________________________________________________________________1.The Heading of rules"5"substituted by Notification No. SORI(S&GAD)2-7/86,dated 8.12.1994.2.The words inserted by Notification No.SORIII(S&GAD)2-7/86, dated8.12.19943.Rule 6 substituted by Notification No.SORIII(S&GAD)2-7/86, dated8.12.1994.

PART-II

APPOINTMENT BY PROMOTION OR TRANSFER

7. Appointment by Promotion or Transfer.1(1)Except asotherwise provided in any service rules for the time being inforce, appointment by promotion or transfer to posts in respectwhereof the appointing authority under rule 4 is the ChiefMinister shall ordinarily be made on the recommendation of theProvincial Selection Board and promotion and transfer to postsother than those falling within the purview of the ProvincialSelection Board shall ordinarily be made on the recommendationof appropriate Departmental Promotion Committee".

(2) Appointment by transfer shall be made from

amongst the persons holding appointment on regular basis inthe same basic pay scale , in which the posts to be filled, exists.

(3) Persons possessing such qualifications and fulfilling suchconditions as laid down for the purpose of promotion or transferto a post shall be considered by the Departmental PromotionCommittee or the Provincial Selection Board for promotion ortransfer, as the case may be.

(4) No promotion on regular basis shall be made toposts in Basic Pay Scale 18 to 21 unless the officer concerned

has completed such minimum length of service as may bespecified from time to time.


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8. Inter-Provincial Transfer:-(1) Persons holdingappointment in BPS 1 to 15 under Federal Government andother Provincial Government may, in deserving cases, betransferred to equivalent posts under these rules:-

Provided that:-

(i) the Federal Government or the Government of theProvince concerned, as the case may be, has noobjection to such a transfer;

(ii) the person seeking transfer possesses the requisitequalification and experience and the post to whichhis transfer is intended can, under the rules, be filledby transfer;

(iii) the person concerned holds appointment to the postin his parent Department on regular basis;

_________________________________________________________________1. Sub-rule(1)of rule 7 substituted by Notification No.SORI(S&GAD)4-1/80(Vol.II), dt: 14.1.92.

(iv) the person concerned is a bonafide resident of theNorth-West Frontier Province .

(v) a vacancy exists to accommodate the request ofsuch a transfer; and

(vi) provided further that in most deserving cases, themerit of which shall be determined on case to casebasis and the decision of the Competent Authority inthat behalf shall be final, Government may allowtransfer of a civil servant in BPS-16 and above,subject to the aforesaid conditions.

(2) A person so transferred shall be placed at thebottom of the cadre strength which he joins for the purposes ofdetermining his seniority vis-a-viz other members borne on thecadre.


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(3) It will be the sole discretion of the appointingauthority to accept or refuse a request of transfer under this ruleand any decision made in this behalf shall be final and shall notbe quoted as precedence in any other case.

9. Appointment on Acting Charge or current ChargeBasis.(1) Where the appointing authority considered it to be inthe public interest to fill a post reserved under the rules fordepartmental promotion and the most senior civil servantbelonging to the cadre or service concerned, who is otherwiseeligible for promotion, does not possess the specified length ofservice the authority may appoint him to that post on actingcharge basis;1

1Provided that no such appointment shall be made, if theprescribed length of service is short by more than 2{threeyears}.

(2) So long as a civil servant holds the acting chargeappointment, a civil servant junior to him shall not beconsidered for regular promotion but may be appointed onacting charge basis to a higher post.

(3) In the case of a post in Basic Pay Scale 17 andabove, reserved under the rules to be filled in by initialrecruitment, where the appointing authority is satisfied that nosuitable officer drawing pay in the basic scale in which the postexists is available in that category to fill the post and it isexpedient to fill the post, it may appoint to that post on acting

charge basis the most senior officer otherwise eligible forpromotion in the organisation, cadre or service, as the casemay be, in excess of the promotion quota.______________________________________________________________________________"1. Full stop at the end of rule 9(1) replaced by colon and proviso added byNotification

No.SOR(S&GAD)4- 1/80(V.II), dated 20.10.1993.2. The words "one year" substituted by Notification No.SORI(S&GAD)4-1/80(Vol.III),dt: 14.3.96.


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(4) Acting charge appointment shall be made againstposts which are likely to fall vacant for period of six months ormore. Against vacancies occurring for less than six months,current charge appointment may be made according to theorders issued from time to time.

(5) Appointment on acting charge basis shall be madeon the recommendations of the Departmental PromotionCommittee or the Provincial Selection Board, as the case maybe.

(6) Acting charge appointment shall not confer anyvested right for regular promotion to the post held on actingcharge basis.

PART-III

INITIAL APPOINTMENT

10. Appointment by Initial Recruitment:-(1) Initialappointment to posts 1{in various pay scales} shall be made-

(a) if the post falls within the purview of theCommission, on the basis of Examination or test tobe conducted by the Commission; or

(b) if the post does not fall within the purview of theCommission, in the manner as may be determinedby Government.

2"(2) Initial recruitment to posts which does not fall withinthe purview of the Commission shall be made on therecommendation of the Departmental Selection Committee,after vacancies have been advertised in newspapers";

(3) A candidate for initial appointment to a post mustpossess the educational qualification or technical qualificationsand experience and except as provided in the rules framed forthe purpose of relaxation of age limit, must be within the agelimit as laid down for the post, provided that-


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3"(i) where recruitment is to be made on the basis ofwritten examination, then, notwithstanding anythingto the contrary contained in any other rules for thetime being enforce, age shall be reckoned on 1stJanuary of the year in which the examination isproposed to be held";

____________________________________________________________________

___________________1.The words "in Basic Pay scale 16 to 21"substituted by NotificationNo.SORI(S&GAD)1 117/91(C),dated 12.10.19932.Sub-rule(2)of rule 10 substituted by Not: No.SORI(S&GAD)1-117/91(C),dated12.10.1993.3.Clause (i)of sub-rule(3)of rule 10 substituted by Notification No.SORI(S&GAD)4-1/80,dated 17.5.1980.


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(ii) in other cases as on the last date fixed forsubmission of applications for appointment.

(4) Notwithstanding the procedure prescribed in sub-rule(2), the appointing authority may appoint one of the childrenof a deceased civil servant, who died during service, to a post inany of the Basic Pay Scales No.1 to 15; provided that the childpossesses the minimum qualification prescribed for appointmentto the post. The appointment, as aforesaid, shall be subject tothe availability of a vacancy and if two or more vacancies indifferent pay scales are available at a time, and the childpossesses the qualifications which make him eligible forappointment to more than one post, he shall ordinarily beappointed to the post carrying higher pay scale.

1"(5) Notwithstanding anything contained in any rule forthe time being enforce 2(two percent) of all posts in each basicpay scale to be filled in by initial recruitment shall be reservedfor disabled candidates and two percent for female candidates.

Explanation:-For the purposes of reservation under this sub-rule "disability" does not include such disability which hampersin the smooth performance of the duties required of a disabledcandidate".

11. Eligibility.(1) A candidate for appointment shall be acitizen of Pakistan and bonafide resident of the North-WestFrontier Province.

Provided that for reasons to be recorded in writing,Government may, in a particular case, relax this restriction.

(2) No person who has married a foreign national shallbe appointed to a post under these rules;

Provided that this restriction may be relaxed byGovernment in the case of a person who has married a citizen ofIndia 3{or Bangladesh.}"

Provided further that a person already in Governmentservice shall not marry a foreign national without prior

permission of Government obtained in that behalf.


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________________________________________________________________1. Sub-rule(5)of rule10 substituted by Notification No.SORI(S&GAD)1-117/91(C),

dated 12.10.1993.2. The "one percent" substituted by Notification No. SOR-I(S&GAD)4-1/80

Vol-IIIdated 19.2.1999.3. The words"or Bangladesh"added by Notification No.SORI(S&GAD)4-1/80/Vol.III,

dated 21.5.1997.


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(3) No person, not already in Government service, shallbe appointed to a post unless he produces a certificate ofcharacter from the principal academic officer of the academicinstitution last attended and also certificates of character fromtwo responsible persons, not being his relatives, who are wellacquainted with his character and antecedents.

(4) Notwithstanding anything contained in sub-rule(3),an appointment by initial recruitment shall be subject to theverification of character and antecedents of the candidate or theperson appointed, to the satisfaction of appointing authority.

(5) No candidate shall be appointed to a post unless heis found, after such medical examination as Government mayprescribe, to be in good mental and bodily health and free fromphysical defect likely to interfere in the efficient discharge of hisduties.

12. Zonal and Divisional representation:- (1) Except asotherwise specifically provided in any rule for the time being inforce, initial recruitment to posts in Basic Pay Scales 16 and 17and other posts in Basic Pay Scales 3 to 15 borne on Provincialcadre shall be made in accordance with the Zonal quotaspecified by Government from time to time.

(2) Initial recruitment to posts in Basic Pay Scales 3 to15 borne on divisional or district cadre shall be made fromamongst bonafide residents of the division or district concerned,

as the case may be.

(3) Initial recruitment to posts in Basic Pay Scales 1 and2 or equivalent shall ordinarily be made on local basis.

PART-IV

ADHOC APPOINTMENT

13. Requisition to Commission:-When under any rule forthe time being in force, a post is required to be filled in through


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the Commission, the appointing authority shall forward arequisition on the prescribed form to the Commissionimmediately after it is decided to fill in the post, or if that is notpracticable and the post is filled on adhoc basis as provided inrule 14,within two months of the filling of the post.

14. Adhoc Appointment:-(1) When the appointing authorityconsiders it to be in the public interest to fill in a post fallingwithin the purview of the Commission urgently, it may, pendingnomination of a candidate by the Commission, proceed to fill insuch post on adhoc basis for a period not exceeding six monthsby advertising the same in accordance with the procedure laiddown for initial appointment in Part-III of these rules.

(2) Short term vacancies in the posts falling within thepurview of the Commission and vacancies occurring as a resultof creation of temporary posts for a period not exceeding sixmonths, may be filled in by appointing authority otherwise thanthrough the Commission on a purely temporary basis afteradvertising the vacancy.

PART-V

PROBATION AND CONFIRMATION

15. Probation:-(1) A person appointed to a post on regularbasis shall remain on probation for a period of two years, ifappointed by initial recruitment, and for a period of one year, ifappointed otherwise; provided that if his work or conduct during

the period of probation has, in the opinion of the appointingauthority, not been found satisfactory, the appointing authoritymay, notwithstanding that the period of probation has notexpired-

(a) dispense with his service, if he has been appointedby initial recruitment; or

(b) revert him to his former post, if he has beenappointed otherwise, or if there be no such post,dispense with his services; or


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(c) extend the period of probation for a period notexceeding one year in all and may, during or on theexpiry of such extended period, pass such orders asit could have passed during or on the expiry of theinitial probationary period.

Explanation:- Officiating service or service spent on deputationto a corresponding or a higher post may be allowed to counttowards the period or probation.

(2) If no orders have been made by the day followingthe completion of the initial probationary period, the period orprobation shall be deemed to have been extended, and if noorders have been made by the day on which the maximumperiod or probation expires, the probationer shall, subject to theproviso to sub-section(3) of section 6 of the North-West FrontierProvince Civil Servants Act,1973, be deemed to havesatisfactorily completed his period of probation.

16. Confirmation:-After satisfactory completion of theprobationary period, a civil servant shall be confirmed; providedthat he holds a substantive post, provided further that a civilservant shall not be deemed to have satisfactorily completed his

period of probation, if he has failed to pass an examination, testor course or has failed to complete successfully a trainingprescribed within the meaning of sub-section(3) of Section 6 ofthe North West Frontier Province Civil Servants Act, 1973.

PART-VI

S E N I O R I T Y

17. Seniority:-(1) The seniority inter se of civil servants1(appointed to a service, cadre or post) shall be determined:-

(a) in the case of persons appointed by initialrecruitment, in accordance with the order of merit


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assigned by the Commission 2{or as the case maybe, the Departmental Selection Committee;}provided that persons selected for appointment topost in an earlier selection shall rank senior to thepersons selected in a later selection; and

(b) in the case of civil servants appointed otherwise,with reference to the date of their continuousregular appointment in the post; provided that civilservants selected for promotion to a higher post inone batch shall, on their promotion to the higherpost, retain their inter se seniority as in the lowerpost.

Explanation.I:- If a junior person in a lower post ispromoted to a higher post temporarily in the public interest,even though continuing later permanently in the higher post, itwould not adversely effect the interest of his seniors in fixationof his seniority in the higher post.___________________________________________________________________1. Substituted for the words"appointment to post in the same Basic Pay

Scale in a cadre byNotification No.SOR.I(S&GAD)4-1/80,dated 17.5.1989.

2 . The words inserted by Notification No.SORI(S&GAD)4-1/80(V.II), dated4.2.1996.

Explanation.II:- If a junior person in a lower post ispromoted to a higher post by superseding a senior person andsubsequently that senior person is also promoted the personpromoted first shall rank senior to the person promotedsubsequently; provided that junior person shall not be deemedto have superseded a senior person if the case of the seniorperson is deferred for the time being for want of certaininformation or for incompletion of record or for any other reasonnot attributing to his fault or demerit.

Explanation.III:- A junior person shall be deemed tohave superseded a senior person only if both the junior and the

senior persons were considered for the higher post and thejunior person was appointed in preference to the senior person.


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(2) Seniority in various cadres of civil servantsappointed by initial recruitment vis-a-viz those appointedotherwise shall be determined with reference to the dates oftheir regular appointment to a post in that cadre; provided thatif two dates are the same, the person appointed otherwise shallrank senior to the person appointed by initial recruitment.

18. General Rules:- In all matters not expressly provided forin these rules, civil servants shall be governed by such rules ashave been or may hereafter be prescribed by Government andmade applicable to them.

19. Repeal:- The North-West Frontier Province Civil Servants(Appointment, Promotion and Transfer)Rules,1975, are herebyrepealed.

_________________________


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Section-2

RECRUITMENT INCLUDING AGE RELAXATION POLICY

Subject:- RECRUITMENT POLICY FOR THE PROVINCIALSERVICES AGE RELAXATION FOR SPECIALPOSTS.

I am directed to refer to this Department circular letter ofeven number dated 1st February,1993,on the subject citedabove, and to say that new recruitment policy has beenreviewed by the Provincial Government. It has been decided torevise the existing policy as under:-

(a) Recruitment to posts in BPS-16 and above as well asthe posts of Assistant Sub-Inspectors of Police, NaibTehsildars, Zilladars and Sub-Engineers will continueto be made through the NWFP Public ServiceCommission. However, the Commission may makeefforts to finalize the recruitment within six monthsof the receipt of the requisition duly completed fromthe Administrative Department.

(b) Recruitment to posts in the various GovernmentDepartments as indicated below will also henceforthbe made by the NWFP Public Service Commission:-

(i) All Departments including Board ofRevenue, NWFP-

(1) Senior Scale Stenographer(B-15)(2) Data Processing Supervisor(B-14)(3) Junior Scale Stenographer(B-12)(4) Assistant (B-11)(5) Draftsman(B-11)

(ii) Board of Revenue-

(1) Sub-Registrar(B-14)(2) Excise and Taxation Inspector(B-11)

(iii) Home & Tribal Affairs Department -


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(a) Police Department;

(1) Prosecuting Sub-Inspector(B-14)

(b) Inspectorate of Prisons:

(1) Assistant Jail Superintendent(B-11)

(c) Reclamation and Probation Department;

(1) Parole/Probation Officer(B-11)

(iv) Industries, Commerce, MineralDevelopment, Labour and Transport

Department-

(a) Directorate of Industries:

(1) Assistant Industrial DevelopmentOfficer/Assistant Price StabilizationOfficer(B-11)

(2) Royalty Inspector(B-11)(3) Surveyor(B-11)

(b) Directorate of Manpower and Training:

(1) Instructor T.T.C(B-14)

(v) Cooperative Societies:

(1) Inspector(B-11)

(vi) Communication and Works Department-

(1) Assistant Architectural Draftsman(B-14)

(2) Senior Draftsman(B-13)


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(vii) Public Health Engineering Department-

(1) Motivation Officer(B-15)

(2) Assistant Motivation Officer(B-14)

(3) Lady Health Educator(B-12)


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(viii)Electric Inspectorate:-

(1) Sub-Inspector(B-11)

(ix) Food Department-

(1) Assistant Food Controller(B-8)(2) Food Grain Inspector(B-6)

(x) Directorate of Archives and Libraries-

(1) Preservation Assistant (B-11)(2) Cataloguer / Classifier (B-11)

(c) Initial recruitment to posts in BPS-15 and belowother than the posts in the purview of the PublicService Commission, in all the departments shallcontinue to be made in accordance with Rule 10,11and 12 (Part-III) of the NWFP Civil Servants(Appointment, Promotion and Transfer)Rules,1989,the criteria as laid down in S&GAD letterNo.SORI(S&GAD)4-1/75,dated 11.2.1987 and thezonal allocation formula contained in S&GADNotification NO.SOS.III(S&GAD)3-39/70, dated2.10.1973 as amended from time to time.

(d) No adhoc appointment against any post in any payscale shall be made.

(e) Relaxation in maximum age limit may be allowed tocandidates for various posts having prescribedqualifications in specific fields upto a period of 5years by the Competent Authority and for not morethan 10 years by the S&GAD. The details of suchposts are indicated in the Annexure to this letter.

The age relaxation in respect of posts other thanposts mentioned above may be confined to 5 yearsonly. The competent Authority may allow relaxationupto 2 years whereas the S&GAD may relax the age

upto a period of 5 years.


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1"The age limit in respect of Government Servants whohave completed at least four years service in theGovernment, on the closing day for submission ofapplications for the posts, shall be automatically relaxedby 10 years or a number of years an officer/official hasactually served, whichever is less"

____________________________________________________________________

___________________1. New sub-para added by Notification No.SO-I(S&GAD)1-117/91(C)Vol-I, dated7.1.1999 & 17.3.1999.


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All the proposals for the grant of relaxation in upperage shall continue to be accompanied by:-

(i) Full justification in support of the proposal;and

1(ii) A certificate to the effect that no eligiblecandidates within the prescribed age limitsare/were available.

"An overage candidate shall be entitled to onlyone age

concession whichever is beneficial to him."

(f) The Regional/Zonal quota if not filled will be carriedforward till suitable candidates are available fromthe Region/Zone concerned. No "Substitute"recruitment shall be made. Existing backlog, if any,in respect of any zone will not be carried forwardand the Commission shall take a fresh start inrespect of all posts under its purview. However, thiscondition will not be applicable in respect of postswhich have already been advertised by the NWFPPublic Service Commission.

(a) The vacancies in all the Departments shall beadvertised in leading newspapers on 2(Sunday).Theadvertisement in electronic media should be to the

extent of drawing attention of all concerned to therelevant newspapers in which the vacancies areadvertised.

(h) Initial Recruitment to all the vacant posts shall bemade on regular known periodic intervals inFebruary and August each year after properadvertisement through electronic andnational/regional media. After advertisement, aminimum period of 30 days should be allowed forreceipt of applications. A waiting list of eligible

candidates shall be maintained for a period of sixmonths.


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(i) (Deleted).

(a) 3(2% quota) for disabled persons already fixedearlier shall stand and should be enforced strictly.However, 2% quota has also been fixed for femalecandidates in all the services which are filled up

through initial recruitment. The Commission shallrevise the Requisition Form for all such posts forspecifying the women's

_________________________________________________________________1. Sub-para added by Notification No. SOR-I (S&GAD)1-117/91 (C) (V-I)dated 8.10.99.2. The word"Friday"substituted in Para 1(g)by Notifi:No.SORI(S&GAD)1-

117/91(C),dt. 22.11.97.

3. Note: 1% quota has been enhanced to 2% in the APT rules videNotification No.SORI(S&GAD) 4-1/80/Vol.III, dated 19.2.99.


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quota in the available vacancies and theAdministrative Department shall intimate the quotafor the women in the Requisition Form accordingly.The 2% quota shall be over and above the selectionof women, if any, under general quota of merit etc.This quota shall, however, be restricted to thoseDepartments where no separate female cadre exists.

(k) For initial appointment to posts in BPS-17 and belowin the Autonomous Bodies/Corporations, the zonalallocation formula applicable for Provincial Servicesmay be adopted. The method of recruitment shallalso conform to sub-para (c) above.

(l) The Provincial Government have already agreed thatrecruitment to the post of PTC in EducationDepartment in various districts shall be made onconstituency-wise basis. For this purpose, theexisting districts have been divided into variouszones. Each zone shall correspond to the area ofconstituency of the Provincial Assembly. However,recruitment to the posts shall, in each case, be 50%on merit in open competition on district basis and50% on constituency basis.

2. I am directed to request that the above decisions of theProvincial Government may be brought to the notice of allconcerned for strict compliance.

(Authority No.S&GAD's letter No.SOR.I(S&GAD)1-117/91(C),dated

12.10.1993.)

_______________________________


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ANNEXURE TO LETTER NO. SOR.II(S&GAD)1-117/91(C),DATED 12.10.1993..

REVISED ANNEXURE-1

Details of specific posts identified for age relaxation of fiveyears by competent Authority and upto ten years by theServices and General Administration Department

(A) POSTS COMMON TO ALL DEPARTMENTS

I. All holders of Degree and above of the followingcategories:-

(1) Ph.D(2) Master Degrees in Fisheries.(3) B.Sc Engineering/Architecture/Agriculture/

Computer Science.(4) M.B.B.S/B.D.S.(5) B.Sc(Hons) in Veterinary Science/Medicines/

Animal Husbandry.(6) Forestry.(7) Museulogy.

II. (1) Stenographers.(2) Urdu Typist.(3) Degree/Diploma in Library Science.(4) All posts of Computer Technology.(5) All holders of Diploma Engineering(e.g Civil,

Mechanical, Electrical, Electronics, Autos,Agriculture).

(6) Telex/Telephone Operator.(7) Draftsman.(8) Artist.

III. Teachers of the following categories:-(1) Senior English Teachers.(2) Diploma in Physical Education.(3) Certified /S.V Teachers.(4) Oriental Teachers.

(5) P.T.C / J.V Teachers.(6) All posts in Computer Science.


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IV. Teaching posts in Deaf, Blind, Dumb, MentallyRetarded/Physically Handicapped Institute.

V. Female candidates.

(B) INDIVIDUAL DEPARTMENTS.

(1) AGRICULTURE DEPARTMENT(1) Press Manager(2) Equipment Engineer(3) Sound Recordist.(4) Penal Operator.

(II) SERVICES AND GENERALADMNINISTRATION DEPTT.

(1) Telephone Technician.

(III) HOME & TRIBAL AFFAIRS DEPARTMENT

(1) Band Master

(IV) HEALTH DEPARTMENT

(1) Medical Technology.(2) Kidney Mechanical Technician.(3) Anaesthesia Assistant(4) E.E.G Technician.(5) Blood Bank Technician.

(6) O.T Assistant(7) Radiographer.(8) Charge Nurse.(9) Male Nurse.(10) Sterilization Assistant(11) Physiotherapy Assistant(12) E.C.G Technician.(13) Dialysis Technician.(14) Laboratory Assistant & Technician.(15) Angiography Technician.(16) Audiometrition.

(17) Laser Technician.(18) Phulmorary Test Technician.


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(19) Ophthalmic Technician.

(V) SOCIAL WELFARE & SPECIAL EDUCATION DEPTT.

(1) Physiotherapists.(2) Orthopedic Technician.(3) Tailoring Instructor.(3) Music Teacher.

(VI) LAW DEPARTMENT

(1) Assistant Draftsman.

(e) Relaxation in maximum age limit may be allowed tocandidates for various posts having prescribedqualifications in specific fields upto a period of 5years by the Competent authority and for not morethan 10 years by the S&GAD. The details of suchposts are indicated in the Annexure to this letter.

The age relaxation in respect of posts other thanposts mentioned above may be confined to 5 yearsonly. The competent authority may allow relaxationupto 2 years whereas the S&GAD may relax the ageupto a period of 5 years.

All the proposals for the grant of relaxation in upperage shall continue to be accompanied by:-

(i) Full justification in support of theproposal; and

(ii) A certificate to the effect that no eligiblecandidate within the prescribed agelimits are/were available .

1. See also letter No.SORI(S&GAD)1-117/91(C), dated

12.10.1993

In exercise of the powers conferred by section 26 of the

North-West Frontier Province Civil Servants Act, 1973 (NWFPXVIII of 1973), the Governor of the North-West Frontier


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Province is pleased to direct that the following amendmentsshall be made in the existing service Rules of all the provincialGovernment Departments, namely:-

AMMENDMENT

For the existing maximum age limit of "25 years"and "28 years", wherever occurring, the words and figures "30years" and "32 years" shall be respectively substituted.

2. See also letter No.SOR-I(S&GAD)4-1/80(Vol-III)dated 12th June 1999.

_________________________

Amendment in the Recruitment Policy.

I am directed to refer to the subject cited above and tosay that the competent authority is pleased to direct that thefollowing further amendments in Recruitment Policy, issued videcircular letter No.SORI(S&GAD)1-117/91(C), dated 1.2.1993read with letter of even number dated 12.10.93, shall be made,namely:-

1. The following sub-para shall be added at the end ofpara 1(e):-

The upper age limit for recruitment of disabledpersons shall, in all cases, stand relaxed by tenyears

2. The following entries shall be inserted at the end ofpara 1(f):-

In case female candidates with prescribedqualification do not become available in Zone-Iafter advertising atleast three times, suchvacancy/vacancies shall be advertised fourth time

for Merit Quota.


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3. See also letter No.SOR-I(S&GAD)1-117/91(C)(V.I),Dt: 23.5.2000)


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Section-3

Zonal Allocation in Initial Recruitment

In exercise of the powers conferred by Article 241 of theConstitution of the Islamic Republic of Pakistan and insupersession of this Department's NotificationNo.SOS.III(S&GAD)3-39/70 dated 25th March,1971 theGovernor of the North-West Frontier Province is pleased to directthat notwithstanding anything to the contrary contained in anyservice/Recruitment Rules under the rule making authority ofthe Governor of the North-West Frontier Province, vacancies tobe filled by initial recruitment and by promotion shall be filled inthe following manner:-

1. In the case of initial recruitment:-

1"(a) there shall be block of 24 vacancies in the formerGazetted Service or post (including un-classifiedservices or Posts) or equivalent status, which shallbe filled in the following manner:-

(i) Six such vacancies shall form merit quota andshall be filled on merit from among thecandidates domiciled in any part of the North-West Frontier Province including the FederallyAdministered Tribal Areas attached thereto;and

(ii) the remaining 18 vacancies shall be reservedfor bonafide residents of the zones specified incolumn 2 of the Appendix to this Notification inaccordance with the number of posts shownagainst each zone in column 4 thereof;"

(b) there shall be block of 18 vacancies in non-GazettedServices or posts in the Secretariat Department andthe Headquarters Offices of the AttachedDepartments which shall be reserved for bonafideresidents of the zones specified in column 2 of the

Appendix to this Notification in accordance with the


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number of posts shown against each zone in column4 thereof;

Provided that where a zone has been further sub-dividedinto parts specified in column 3 of the said Appendix, thevacancies allocated to that zone shall be made available to eachpart of the zone in equal shares or by rotation, as the case may

be;

_________________________________________________________________1. Sub.Para (a)of Para 1 substituted by circular letter No.SORI(S&GAD)3-39/70, dated 3.2.90.


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1"Provided further that in the case of vacancy allocated toa zone or, as the case may be, a part of that zone if no suitablecandidate from that zone or part is available, the vacancy shallbe filled from any other zone or part of that zone, as the casemay be, and the vacancy of the latter zone or part of that zone,as the case may be when available shall be filled from formerzone, or as the case may be a part of that zone, where no

suitable candidate was available.

2. In the case of vacancies to be filled by promotion in themanner specified in the Service/Recruitment Rules of theService concerned;

Note: See NWFP Civil Service (Sectt Group) Rules, 1997 &NWFP Civil Sectt: (Executive Group) Rules, 1997 issued byNotification No. SOR-IV (S&GAD)/3-7/95-Vol.II, dt. 26.6.97.

2"Provided that if in the opinion of the appointing authorityno suitable officer/official is available for promotion to any postin the Provincial Secretariat from among the officer/officialsconstituting the Secretariat Services the vacancies, notexceeding ten per cent of the total cadre strength of the Serviceconcerned, may be filled by transfer or promotion of suitableofficers/officials serving in any Department of the Governmentof the North-West Frontier Province".

(Authority:NWFP,S&GAD Notification No.SoS.III(S&GAD)3-39/70 Dated2.10.1973.)


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_________________________________________________________________1. Proviso substituted by Notification No.SOSIII(S&GAD)3-39/70,dated21.1.742. See also NWFP Civil Service (Sectt Group) rules, 1997 & NWFP Civil

Services (ExecutiveGroup) rules, 1997 issued through Notification No.SORIV(S&GAD)3-7/95

Vol.II, dt: 26.6.97.


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*APPENDIX

Sl.No

Zone Parts of Zones No. ofposts foreachZone

1 2 3 4

1 Agencies of Bajaur,Mohmand, Khyber,Orakzai, North WaziristanKurram, Frontier Regionsattached to the districtsof Peshawar, Kohat,Bannu and D.I.Khan.

Areas as detailed incolumn 2 againstSerial No.1.

4

2 Peshawar,Nowshera,Charsadda, Mardan andSwabi District.

Areas as detailed incolumn 2 againstSerial No.2.

4

3 District of Swat, Dir,Chitral, Buner andMalakand Protected Areas

(Swat Ranizai and Sam-Ranizai) backward areasof Mansehra District,Kohistan District andBackward Areas of SwabiDistrict.

i. Swat District.ii. Dir District.iii. Chitral District.

iv. Buner District.v. MalakandProtected

Area (SwatRanizai

and Sam-Ranizai).iv. Backward Areasof

MansehraDistrict

consisting areasof

DistrictBattagram.

vii. Kala DhakaArea.viii. Upper TanawalArea.ix. KohistanDistrict.x. Gadoon Area inSwabi

District.

4

4 Dera Ismail Khan, Tank,Bannu, Lakki, Kohat andKarak Districts.

Areas as detailed incolumn 2 against Srl.No. 4.

3

5 Districts of Abbottabad,Haripur and Mansehraexcluding backward areas

Areas detailed incolumn 2 againstSerial No.5.

3


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of Mansehra Districtwhich form part of Zone-III.

____________________________________________________________________________________

* Appendix subst. by Notification No.SOR.I(S&GAD)3-39/70(Vol.III), dt. 22ndSeptember,1992.


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ZONAL ALLOCATION FORMULA

I am directed to refer to the subject noted above and tostate that in accordance with the provisions of the S&GADNotification No.SORI(S&GAD) 3-39/70, dated 3.2.1990 thereshall be a block of 24 vacancies for posts carrying BPS-16 & 17for the purpose of zonal allocation .Of these six shall form meritquota and the remaining 18 shall be reserved for bonafideresidents of Zone 1,2,3,4 & 5.

2. For the purpose of practical application of the new zonalformula a new rotational cycle of 24 vacancies shall becomeoperative with immediate effect in the following order:-

Vacancy Zonal Allocation

Ist ... Merit2nd ... Zone 13rd ... Zone 24th ... Zone 35th ... Merit6th ... Zone 47th ... Zone 58th ... Zone 19th ... Merit10th ... Zone 211th ... Zone 312th ... Zone 413th ... Merit

14th ... Zone 515th ... Zone 116th ... Zone 217th ... Merit18th ... Zone 319th ... Zone 420th ... Zone 521st ... Merit22nd ... Zone 123rd ... Zone224th ... Zone 3


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3. In view of the changed formula the Commission hasdecided that fresh allocation/adjustment of all the vacancies willstart from the first vacancy of first block of the new formula,provided that in a cadre the over and under subscription as itstood on the date of commencement of new formula shall betaken into account in future allocation of vacancies under thenew system.

4. I am accordingly to request you that fresh requisition maybe placed on the Commission on the basis of the new zonalallocation formula indicating the previous over/undersubscription of various zones.

(Authority No.3-89-DS/3241, dated 19.3.1990(PSC))

________________


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Section-4

CONSTITUTION OF PSB,DPC & DSC

NOTIFICATIONPeshawar, dated the 22nd August,1991.

No.SORI(S&GAD)4-1/75(Vol.I):- In pursuance of theprovisions contained in clause(d) and (g) of rule 2 of the North-West Frontier Province Civil Servants (Appointment, Promotion &Transfer) Rules,1989, read with rule 7(1) thereof and insupersession of this Department's Notification No.SOS-III(S&GAD)1-206/74-III, dated 16.5.1975, and No.SORI(S&GAD)4-1/75, dated 18.9.1989, issued in this behalf, the Governor ofNorth-West Frontier Province is pleased to constitute theProvincial Selection Board and the Departmental PromotionCommittees for making selection to various posts as under:-

A- Provincial Selection Board

1. The Provincial Selection Board shall consist of thefollowing:-

(1) Chief Secretary, NWFP ... Chairman

(2) Additional Chief Secretary, NWFP ... Member

(3) Senior Member, Board of Revenue, NWFP ... Member

(4) Administrative Secretary concerned ... Member

(5) Secretary Services & General ...

Member/ Administration Department.Secretary

2. 1"The Board shall make recommendations for appointmentby promotion or transfer to all posts in Basic Pay Scale-18 andabove and shall also assess fitness/suitability of officers formove-over to BPS-20 and make its recommendations."

B-DEPARTMENTAL PROMOTION COMMITTEES

1. For each Department, there shall be a DepartmentalPromotion Committee consisting of the following:-


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(1) Secretary of the Department concerned ...Chairman*(2) Additional Secretary, S&GAD. ... Member*(3) Additional Secretary, Finance Department ...Member(4) Head of Attached Department concerned ...

Member

*(5) Deputy Secretary of the Departmentconcerned. ... Secretary_________________________________________________________________*Substituted vide S&GAD Notification No.SORI(S&GAD)4-1/75(Vol.I), dated5.12.1991.1.Para 2 under A substituted by Notification No.SORI(S&GAD)4-1/75(Vol.II),dt.27.9.97.


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2. 1"The Departmental Promotion Committee shall makerecommendations for appointment by promotion or transfer toposts in BPS-16 and BPS-17 and shall also assessfitness/suitability of officers for move over from BPS-15 to BPS-16, or BPS-16 to BPS-17 or BPS-17 to BPS-18,or BPS-18 to BPS19 as the case may be, and make its recommendations."

3. In all cases, whether pertaining to promotion, transfer ormove over, the Department concerned shall strictly adhere tothe guidelines/policy instructions issued by the S&GAD fromtime to time.

4. No meeting of the Departmental Promotion Committeeshall be held without representative of the S&GAD.

NOTIFICATIONPeshawar, dated the 17th June,1989.

No.SORI(S&GAD)4-1/75:- In pursuance of the provisionsin rule 5 of the North-West Frontier Province Civil Servants(Appointment, Promotion & Transfer) Rules,1989, the Servicesand General Administration Department is pleased to lay downthe constitution of the Departmental Promotion Committee andthe Departmental Selection Committee for the purpose ofmaking selection for promotion, transfer and initial appointmentto the posts in BPS-15 and below in the AttachedDepartments/Offices as under:-

(1) Appointing Authority Chairman

(2) An officer to be nominated by the MemberAdministrative Department concerned.

(3) An Officer to be nominated byAppointing Authority. Member

_________________________________________________________________

1. Para 2 under B substituted by Notification No.SORI(S&GAD)4-

1/75(Vol.II), dt.27.9.97


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Constitution of Departmental SelectionCommittees for posts in BPS-15 and below

Reference this Department's circular letterNo.SORI(S&GAD) 4-1/75 (Vol.I), dated 4th March,1992 asamended vide this department letter of even number dated 12thOctober,1992, it was inter alia provided that candidatesqualifying the written test for posts in BPS-11 to 15 beinterviewed by a broadbased panel of Selection Committees offive/six members headed by the Ministries concerned.

2. It has been decided by the Provincial Government towithdraw the above orders with immediate effect to the extentthat henceforth the Departmental Selection Committees, asconstituted vide Notification No.SOS.III(S&GAD)1-206/74-1,dated 16.5.1975, and No.SORI(S&GAD)4-1/75, dated17.6.1989,for posts in BPS-15 and below, shall stand revived asper details given below:-

I. Posts in the NWFP Civil Secretariat

(1) Secretary, S&GAD ... Chairman(2) Deputy Secretary, S&GAD ... Member(3) Deputy Secretary(Opinion) ... Member

Law Department.(4) Section Officer concerned ... Secretary

in S&GAD.

II. Attached Departments/Offices in NWFP

(1) Appointing Authority. ... Chairman

(2) An officer to be nominated by the ... MemberAdministrative Departments concerned.

(3) An officer to be nominatedby the Appointing Authority. ... Member

3. It is requested to bring these instructions to the notice ofall concerned for strict compliance.

(Authority:-SORI(S&GAD)4-1/75(Vol.II), dated 13th June,1993.)


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________________________

Reservation of quota for appointment of children ofRetiring Class-IV Govt. Servants on superannuation.

I am directed to refer to the subject cited above and to statethat in supercession of all instructions issued in this behalf, thecompetent authority has been pleased to direct that a quota of25% falling to the share of initial recruitment in BPS-1 to BPS-4shall be reserved for appointment of one of the children of aretiring civil servant on superannuation/invalidation; providedthat:-

1) the appointment shall be made subject to the availabilityof vacancy.

2)A waiting list showing the name, designation and date ofretirement/invalidation of retiring civil servant shall bemaintained in the department/office. The merit shall bedetermined from the date of retirement/invalidation of thecivil servant.

3)The child possesses qualification prescribed for the post;4) In case, the date of retirement/invalidation of two civil

servants is the same, the child of the civil servant older in

age shall be considered first for appointment.

5)Under age child of the said civil servant shall be includedin the waiting list from the date of retirement/invalidation.However, he shall be considered for appointment after heattains the age prescribed for the posts.

9. The competent authority has further been pleased toauthorise the Chief Secretary, NWFP to exercise the power ofgrant of relaxation of ban for initial appointment in cases ofappointment of one of the children of retired/invalid civil

servant and deceased civil servant died during the service as


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required in rule 10(4) of the NWFP Civil Servant(Appointment, Promotion and Transfer) Rules, 1989.

10. I am, therefore, directed to request that the abovepolicy instructions should be followed strictly in letter andspirit.

(Authority S&GAD letter No.SOR-I (S&GAD)4-1/80(vol-III) dt: 23.5.2000)

_______________________

Reservation of 25% quota for appointment of children ofRetiring Class-IV Govt. Servants on superannuation.

In continuation of this departments circular letter of even

number dated 23.5.2000, I am directed to refer to the subjectcited above and to say that while submitting summary to theCompetent Authority for the recruitment of a child of retiringcivil servant in BPS-1 to BPS-4 on superannuation/invalidation,the Administrative Department shall certify that vacancy againstwhich the child of the said civil servant was being recruited iswithin the prescribed quota.

(Authority S&GAD letter No.SOR-I (S&GAD)4-1/80(Vol-III), dated 1.7.2000)

_____________________


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Section-5

PROCEDURE FOR SELECTION FORPROMOTION/INITIAL RECRUITMENT

I am directed to say that under rule 7 of the NWFP CivilServants (Appointment, Promotion & Transfer) Rules,1975appointment by promotion to posts in BPS-2 to BPS-16 shall bemade on the recommendations of the appropriate DepartmentalPromotion Committee. Similarly, under rule 11 of the rules ibid,initial appointments to posts in BPS-1 to 15 shall be made onthe recommendation of the Departmental Selection Committeeafter the vacancies have been advertised in newspapers.However, no criteria for selection has so far been prescribed.

2. In order to ensure a fair degree of selection, minimise thechances of discretion and favourtism, the Provincial Governmenthave laid down the following criteria for selection for promotionvis-a-vis initial recruitment to the posts which are filled by thedepartment concerned:-

(1) Criteria for Selection for Promotion:-Promotionto any post in a grade below Grade-16 shall not besubject to any test. The suitability of candidatesshall be determined on the basis of service record i.eseniority-cum-fitness.

(II) Criteria of Selection for initial recruitment:-

(i) For post in Grades 1 to 4- No special criteriahas been laid down and the committeeconcerned shall adopt its own method andprocedure for selection.

(ii) For posts in Grade-5 and above in alldepartments- -In addition to the total marksallocated for a written competitiveexamination, if any held, the total marks willbe 100 as per distribution given below:-

(a) Prescribed qualification ...60


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(b) Higher qualification ...10

(c) Experience ...10

(d) Interview ...20


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3. Para 2 above indicates only the general distribution of themarks. To enable the Administrative Departments to developcriteria of comparative grading of candidates within the aboveoverall framework, S&GAD has done a model exercise(attachedas Annexure) for guidance of all concerned.

4. I am accordingly directed to request you to kindly ensurethat the aforesaid criteria for selection for promotion vis-a-visinitial recruitment to posts is adhered to strictly in filling thevacant posts in future.

(Authority: Circular letter No.SORI(S&GAD)45-1/75, dated 11.2.1987)

________________________

ANNEXURE

COMPARATIVE GRADING OF QUALIFICATIONSA. Minimum prescribed Qualification:-

1. For Non Professional Posts Ist 2nd 3rd TotalMarks

60(i) Matric 60 45 36

(ii) Matric 30 21 18F.A/F.Sc. 30 21 18

(iii) Matric 20 15 12F.A/F.Sc. 20 15 12

B.A/B.Sc. 20 15 12

(iv) Matric 15 11 09F.A/F.Sc. 15 11 09B.A/B.Sc. 15 11 09M.A/M.Sc. 15 11 09

2. For Professional Posts Ist 2nd 3rdProfess: Profess: Profess: Final

(i) For Four Examination:

Ist Division. 15 15 15 152nd Division. 12 12 12 12


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3rd Division 09 09 09 09

(ii) For Three Examinations.Ist Division. 20 20 202nd Division 16 16 163rd Division. 12 12 12

(iii) ForTwoExaminations.

Ist division. 30 302nd Division. 24 243rd Division. 18 18

B. Higher Qualifications:

(Next above the qualifications prescribed under the rules)10

One stage above 5Two stages above. 7Three stages above. 10

C. Experience

Experience of one year 04Experience of two years. 07Experience of three years. 10

D. Interview 20

Explanation:

(a) Where qualification prescribed in the rules is Matric,comparative grading of candidates shall be done asshown at (A)(i)above. Where typing is prescribed inthe rules as a part of qualifications after Matric, allpersons possessing the prescribed speed shall beconsidered as equal.

(b) Where the prescribed qualifications is FA, gradingshall be done as indicated at (A) (ii) of Annexure. To

illustrate; if the candidate is a 2nd Division in Matricand Ist Division in FA, he shall get 21 plus 30 marks


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out of the total of 60 reserved for prescribedqualification.

(c) Where prescribed qualification is Graduation, thecomparative grading shall be done at (A) (iii) ofAnnexure above. If a candidate is 3rd Division inMatric,2nd Division in F.A/F.Sc and Ist Division inBA/B.Sc he shall get 12,15,20 marks i.e 47 marksout of 60.

(d) If the minimum, qualification is M.A (which is veryrare as the selection criteria pertain to posts inGrades 1 to 15 only) the grading shall be done asindicated at (A) (iv) above.

(e) The above grading can be applicable only whereacademic qualifications are from Matric onwards. Incases where technical qualifications(like Diploma orCertificate)are also prescribed after these basicqualifications, in such cases 60 marks forcomparative grading shall be distributed as below:-

(1) Total Marks. ...60

(2) Basic qualification like Matric ...40FA/BA as may be provided inthe rules.

(3) Additional Technical qualification ...20

The method of further distribution of 20 marks shall belaid down by the Departments themselves on the analogy of theprinciples indicated above. 40 marks shall be distributed for thebasic qualifications by necessary modification in the formulaindicated at (A) of Annexure above. To illustrate, if the basicqualifications is Matric,40 marks shall be distributed as below:-

Ist Division 2nd Division 3rdDivision

40 30 24


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It will be noticed that the same proportion as obtainingbetween the marks reserved for First, Second and Third Divisionat (A) above has been maintained in the distribution of 40marks as shown above.

(f) Out of the 10 marks reserved for higherqualifications the actual marks to be given to acandidate are shown at (B) of Annexure, if thecandidate possesses the qualification one stageabove i.e for example he is Intermediate andqualification in the rules is Matric he shall get 5marks; if he is a graduate and minimum qualificationis Matric he shall get 7 marks and so on.

(g) Marks for experience shall be for experience in theline at the scale shown at (C) of Annexure. Personswith more than 3 years experience shall also get themaximum i.e 10.

1(h) "The equation of grades versus divisions is asfollows:-

Grade A & B = Ist DivisionGrade C&D = 2nd DivisionGrade E = 3rd Division

Note:- Below 45% marks obtained in Grade D will beconsidered as 3rd

Division.

(i) In case where no division / grade is given in therespective Certificates, it is worked out on the basis of securedmarks of candidates as follows:-

(a) 60% and above marks = Ist Division

(b) 45% - 59% marks = 2nd Division

(c) Below 45% marks = 3rd Division


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(j) If not specifically provided otherwise in the relevantService Rules "experience" will mean in the line and only thatexperience is considered which has been acquired after theacquisition of minimum qualifications prescribed for the post.

(k) A candidate securing less than 6 marks in theinterview is recorded as un-marked.

Criteria of selection for promotion/initial recruitment ammendment.

I am directed to refer to the subject cited above andto say that the competent authority is pleased to direct that thefollowing amendments in the Criteria of Selection forpromotion/initial recruitment issued vide this departmentscircular letter No.SORI(S&GAD)4-1/75, dated 11.2.87 shall bemade, namely:-

_________________________________________________________________

1. Sub-prara (h) substituted by letter No.SORI(S&GAD)4-1/75, dated22.7.1998.

(1) The existing entries in para 2(II)(ii) shall besubstituted by the following:-

(ii) For post in Grade-5 and above in allDepartment:- In addition to the total marksallocated for a written competitive examination, ifany held, the total marks shall be 100 as perdistribution given below:-

(a) Prescribed qualification . 70(b) Higher qualifications . 12(c)Experience . 10(d) Interview . 08


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(2) Comparative Grading of Qualifications attached asAnnexure with the above quoted policy letter shall berevised as per attached Revised Annexure to this letter.

REVISED ANNEXURE

COMPARATIVE GRADING OF QUALIFICATION

A. Minimum Prescribed Qualification.1.For Non-Professional Posts.

TotalMark

First Second

Third

(i) Matric 70 53 42

70

(ii) MatricFA/F.Sc

3535

2627

2121

(iii) MatricFA/F.ScB.A/B.Sc

232324

171718

141414

(iv) MatricF.A/F.ScB.A/B.ScM.A/M.Sc

17171719

13131314

10101111

2. For ProfessionalPosts.

(i) For four

examinationIst Professional.2nd Professional3rd ProfessionalFinal

17171719

13131314

10101012

(ii) For threeexaminationIst Professional.2nd ProfessionalFinal

232324

171719

141414


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(iii) For twoexaminationIst ProfessionalFinal

3535

2627

2121

A. Higher Qualification 12(Next above the qualification prescribed under the rules).

one stage above 06two stage above 08three stage above 12

B. Experience 10Experience of one year 04Experience of two years 07Experience of three years and above 10

D. Interview . 08

Total marks 100-----------------------------------

Explanations:

(a) Where qualification prescribed in the rules is matric,comparative grading of candidates shall be done asshown at (A) (i) above. Where typing is prescribed inthe rules as a part of qualification after Matric, allpersons possessing the prescribed speed shall be

considered as equal.

(b) Where the prescribed qualification is F.A, gradingshall be done as indicated at (A) (ii) of Annexure. Toillustrate; if the candidate is a 2nd Division in Matric andIst Division in F.A., he shall get 26 plus 35 marks out ofthe total of 70 reserved for prescribed qualification.

(c)Where prescribed qualification is Graduation, thecomparative grading shall be done (A) (iii) of Annexureabove. If a candidate is 3rd Division in Matric, 2nd

Division in F.A/F.Sc and Ist Division in B.A/B.Sc, heshall get 14,17, 24 marks i.e 55 marks out of 70


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(d) If the minimum qualification is M.A (which is veryrare as the selection criteria pertain to posts in Grade 1to 15 only) the grading shall be done as indicated at(A) (iv) above.

(e) The above grading can be applicable only whereacademic qualifications are from Matric onwards. Incases where technical qualifications (like Diploma orCertificate) are also prescribed after these basicqualifications, in such cases 70 marks for comparativegrading shall be distributed as below:-

(1) Total Marks 70(2) Basic qualification like Matric, F.A/B.A as

may be provided in the rules. 50(3) Additional Technical qualifications

20

The method for further distribution of 20 marks shall belaid down by the Departments themselves on theanalogy of the principles indicated above. 50 marksshall be distributed for the basic qualificat

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