EXTRAORDINARY Registered No. M+324 indh Gvverninent Gayette 7 "Published by Authority if KARACHI, THURSDAY, JANUARY 13, 1994 PART IT GOVERNMENT OF SINDH LOCAL GOVERNMENT, PUBLIC HEALTH ENGG., RURAL DEVELOPMENT AND KATCHI ABADIS DEPARTMENT NOTIFICATION Kiichi the’ Ist Jamuaiy, 1994 No. SOE (LG) 7 (9): /SKAA/92:—In exeipite of the powers conferred by: section, 40 read, with, seetion.10 of the Sindh Katchi Abadis Act. 1987, the Government of Sindh are pleased to make the following rules namely: PART—I-- PRELIMINARY 1. “@) Those rules may’be called the Sindh Katchi Abadis AUUHOTY’S gern Employees (Service) Rules, 1993, Cones Appttone Gi) They shall come iiité”foree’ at once. ij, 2ny:, They. shall apply'to' all’ employees of the Sindh Katchi Abadis Authority’ wherever they may be: ‘but they shall.not apply to casual work charged staff and persons employed ox! contract’ or on deputation with tho Sindh Katchi Abadis Authority, who will be governed by the terms and conditions of their contract or deputation as the case may be. (64) fPrica) 1.30 Paice65 THE SINDH GOVERNMENT GAZETTE BXY. JANUARY 13, 1994 (PARTI Detinaions 3, i - i ean a naa ee anything repugnant in the subject or (a) “Act” means the Sindh Katehi Abadis Act, 1987; (b)-“adhoc appointment” means appointment of a duly qualified + person made otherwise than in accordance with the prescribed method of recruitment, pending recruitment in accordance with such method; (©) “appointing authority” means the authority specified in the schedule; (a) “Authority” means the Sindh Katehi Abadis Authority as defi- ned inthe Act; * : (©) “basic pay scale” means a scale of pay in which a post ot group of posts is.placed; (® “competnet authority” means the authority specified in the schedule; (g) “deputation” means the temporary transfer on loan of the service of any person from or to the Authority; (b) “employes” mans a person mployéd in th Authority: () “head of office” means any officer declared or designated ‘as such by the Awthority: {) “initial appointment” means appoitment made otherwise than by promotion or transfer; ( “lien” means the title of an employee to hold substantively either immdiately or on the termination of period of absence, permanent post including a tenure post to which he has een appointed substantively: 4i) “medical officer” means any medical officer appointed or autho- tised by the Director General. (a) “Pay” means the pay drawn monthly by an employee as pay ‘and includes technical pay, Special pay personal pay and any ther emoluments declared by the Director. General; (a) “permanent post” means q post sanctioned without limit of times (o) “personal pay” means additional pay granted to an employes Pesave bim from a loss of substantive pay in respect of a permanent post o'her than a tenure post due to revision of Pay of to ony reduction of such substantive pay’ otherwise Pay ore discintinery rmencnre or in exceptional circumstan- : -ces on other personal considerations;(@ “promotion committee” means a committer constituted for the purpose of making selection ten Promotion to a post; (© “schedule” means a schedule to these rules; (8) secretariat” means the Titcipal seat of the office of the Direc. ‘or General established under section 4 Of the Act; (0 “selection committee” means 9 Committee constituted for the s_bote Of making selection for initial appomaeced, & post; (W) “temporary post” means a Post other than a permanent post; 7) tenure post” means a permanent Post which may not be held by an employee tor more than a hare Period, is ers es, fol a(Appotinment to a post or class of Posts shall be made by any seta o¢ of the following methods, namely. appointee, (@) by promotion or transte (©) by initial appointment. rrovided that whete-a perseatage has been specified for depart mental promotion and initial prpoiaiment, promotion against the Post reserved for departmental promotion sialh be made first; Provided further if no suitable men, ® availble for promotion, thy Wacaney may be filled by initial appointment: shail [SUES t0 other provisions of these rules, no appointment to aipast shall be made except om the ‘commendations of the selection com: mittee, 6. (1) There shall be one or more, fromotion and selection commit. Proacion ‘as'may be determined by the Authority ‘seuat lection Com : (2) Each such committee shall Consist, of alleast three | members ‘one of whom shall be appointed ag Chairman, i67° THE SINDH GOVERNMENT GAZETTE, EXT. JANUARY 13, 1994 [PART-7 Appoatnent oy Promotion fon Acting Gharge Basis romotion, PART—OL APPOINTMENT BY PROMOTION OR TRANSFER ... 7, Al)Appointmenis by, promotion or transfer, to posts in scale 1 and 2 shail be made by the appointing Tan eae . (2) ‘An. employes possessing, such, minimum, qualifications as may by, preseribed shall be eligible for promotion to a post for the time | being reserved, for departmental promotion in the higher scale of the cadre 16 which he belongs, (3) Appcintment by promotion or transfer to post in scales 3 and above shall, be made by the, appointing authority. on the recommenda- tions of a promotion committee (4) Appointment by promotion shall ordinarily be made on the basis of seniority.cum-fitness, but in the case of a sciection post the promo- tion will be made on merit, seniority playing its part on'y when all other things are equal; provided that no promotion en regular basis shall be made oft posis in’ basic ‘pay scales 18 or abvove unless the. officer: concerned, ‘has completed such lenght of service as may be “specified by the Director General 65) An employee declining to avail of she benefit of orders of his first time promotion shall not be considesed for such promotion for, the ext four years from the date of such order and he shall stand supers permanently on his foregoing such promotion second time. 8. (1) Where the appointing authority’ considers‘it. to, bein public ‘interest, to fill. post by promotion and the most senior employee who is otherwise eligible for’ promotion, does ,nbt'posséss the-specified lenght. of service ihe authoirly may’appoiit him’ to the’post on acting charge bisis, 1p wip) So’ Tog "an exmp'oyée bls. the acting’ chafge appointment, ile employee (0, jung) to Hn shall at be considered Fp regular pro- me ‘but may be appointed “on actiig’ eliarie"basis to“a’ higher post. @) Where the appointing authority ‘is satisfied: that . no : snitable person is available for a post in BPS.16.or above.to.. be filled. . by, initial Anpointment.and jt ij exnendient to, fll the. post, immediately it may appoint fo the post on acting charge, basis the most sdnior eniployee otherwise eligi ble for promotin in the cadre. . (®) Acting, charge appointment shall be made against posts whick are tikely to fall vacant for a period of six, months, or more but vacancies ‘occurring for less than six months, current chatge appointitient iiay be made. 45) Appointment on, acting charee’bisis shall be mide on the recommendations of the promotion committee.PART I] THE SINDHT GOVT. GAZETTE: Bx, saNUAKY 13,1994 68 (6) Acting” charge appointment shall: not amount’ to appointment Py-Promotion-on regular basis for any-purpose including seniority eee i Confer any vested right for regular promotion to the ‘post helaon acting charge basis. (7) The employee appointed on acting charge basis shall be enti- “ Hed to draw fixed pay equal to the minimum pay at hick hie pay would have. been fixed had he. been appointed to that Post.on regular basis, EXPLANATION, : Service rendered on acting charge basis in the basic pay scale applica- ble to the post shall not count for purposes of drawal of Avene in that Seale but such service shall count towards increments in the tare pay Seale held immediately before appointment. on acting charge basis, {6) The employee appointed: on acting charge basis assume fall duties and responsibilities of the post, 9._ {2 Appointment by tranfeer shall be made from amongst the Appoin: Pepots folding appointment in the same basic pay scale in which she ost seat by 16°be filled exists. f (0) In case a suitable candidate is not available a candidate of ‘next lower scale will be considered on the basis of experience PART—IV INITIAL APPOINTMENT. 10.” (1) Initial appointment to a post shall be made on the TeCOMMEN- yoitiat dations of and on the basis of interview or test held by the selection’ com- Appota mittee after the vacancies have been advertised in newspapers; meat, Provided that no recommendations shall be necessary for appointment fo a post in basic pay scales 1 and 2 which shall be hlied by appointing authority on his own discretion, 2} While making recommendatiéns under sub-rule (1), the selec- tion committee may also assign order of merit to the candidates so recom- ended and the vacancies shall be filled in accordance eit the order of merit. i) The under mentioned, posts shall be filled on provincial basis int accordance with the merit and regional and gist quota as determined by Government from time to time: @ Posts in BPS 16 and above; and G) Posts in BPS 3 to 15 inthe Secretariat which serve the whole province. in offices which serve particular regions isticts shall be filled by appointment of persons dence ded in the region or district concerned, iv) Posts in BPS 1 and 2 shall ordinarily be filled on local basis, ‘Ext—119? 69 THR SINDH GOYT. GAZETTE EXT, JANUARY 13 1994 [PART Qualia 11. () A candiate for initial app 7 a .ppoiniment, to a post must possess the Be ence educational qualification and experience and must be within ne age limit ‘und. Taid down for the appontinent. (2) Age for the purpose of initial appointment shall be reconed as ‘on the, last date fixed for submission of application for appointment. (3) The age limit laid down for appointment to posts may be re- Jaxed by the appointing authority upto the extent specified by the Authority in the case of posts in BPS 17 and above and the Director General in the ‘case of other posts. ‘Age Limit etc. Notiosaiy: ‘i ‘cca’ 12. No personi shall be appointed by initial appointment to a. post ‘Domicile. unless he is 4 citizen of Pakistan and a domicile ‘of the province of Sindh. vctunien 13+. NO perton, not already in the service, of Government or statutory ‘of Character body, shall-be appointed to a post uniess— ant ‘ Medical (a) he produces a certificate of character from | (wo responsible ‘Sines ‘ x ; Hse persons (not being his relatives) who are well acqainted with such person; (b) he is found to be medically fit by the Civil Surgcon concerned; C Provided that blindness or auy other physical defect shall not be a bar to the appointment, if the Civil Surgeon conducting the medical examina Hon eerifies that such defect shall no interfere with his duties. PART—V ADHOC AND TEMPORARY APPOINTMENTS 14. (1) When the appointment authoority considers it to be in the i Agpoits public interest to fil a post falling, within the purview of fe selection com- ee eae Jon urgent basis, it may pending selection of a candidate ‘by - the cae oe committee, proceed t0 fill such post on adhoe basis for a period rot exceeding six months, . (0) Short term vacancies including the vacancies occuring as @ result of oreation of temporary posts for a period not exceeding six moatts Falling within the purview of the selection committee may be filled by the ippondng authority otherwise than through the selection commilee on & purely temporary basis. Proton’ 15, Notwithstanding anything contained in these rules, any employes “whl as holdig any-post before the coming into fores of these tule shall te Geamed to have been appointed in accordance with: PART—VI PROBATION, CONFIRMATION AND SENIORITY proton 16, A persn appointed to a post by initial appontment shall be OF Fre baton for two yeirs and a person appointed otherwise may, if the appointing pathority so directors, be cn probation for one year. . EXPALANTION. Service on deputation to an equivalent or wards the period of probation, higher post shall count to-PARTI | THE SINDH GOVT. GAZETTE, EXT, JANUARY 13, 1994 70 17. The appointing authority. may, for reasons * to’ be recorded .in writing— @ curtail the period of ‘probation; He (ii) extend the peried of probation by a period not exceeding one ‘year at a time, and duting or on the expity of the extended period, pass such orders as‘are passed during or'on the expiry of the initial probationary period; provided that if no orders are passed by the day following the completion of — (a) the initial probationary period, the period of probation shall be deemed to have been extended by one ‘year; (b) the extended ‘period of probation, the: appointment shall be deemed to be continued until further orders. 18. (1) Confirmation of an employee shall be made in thie order of sen- cate jority in a permanent post on which no other employee holds any licn, | ™ 2) On confirmation of an emplyce ina post, his lien, if any, on any other post shall stand terminated, (3) No-employee who holds a lien on any post in-any depart ‘ment, shall be confirnied in any post in any other department, unless his, consent and the consent of the department, where ke holds sich lien,’ has been obtained in writing. Z (4) An’ employee eligible for confirmation in more than one Posts, shall be confirmed first in the lower post and then in the higher ost from the date he is due for confirmation in such posts. fon ele) wat employee becomes due for confirmation, his confir fuation shall not be deferred unjess a disciplinary action is pending against or the appointing authority, for reasons to be recorded in’ writing, defers his confirmation; Frovided that if during the deferment of the confirmation of an employee his junior becomes due for confirmation the post in which such Senior employee is due for confirmation shall be kept’ vacant and the junior employee shall be confirmed in the next available post, 1 a vegit, cach basic pay scale there shall be a “separate senjority Rave been laid down, (2) ‘The appointing authority shall, in the month of January sony ont, cause to be prepared, or as the case may be, revise the seniority ‘list under sub-rule (1). : .7 THE SINDH GOVERNMENT GAZETTE, EXT, JANUARY 13,1994 [,Part (3) Subject to the provision of sub rule 5, the, seniority of an eimployee shall be reckoned from the date of his regular’ appointment. (4) No appointment made on adhoc basis. shall. be regularized retrospectively. _ (9) Interse-seniority of an,employee appointed in a batch or on the same, date shall be determined— (@) in the caso of petsons appointed by initial appointment, in the order of merit assigned by the selection commitico, and where it has omitted to do so, the seniority shall be determined, by the appointing authority; provided thata person selected in earlier selection shall rank senior to a pétson selected in a later selection; , (b) in the case of persons appointed by promotion on the basis of their interse-seniorjty in the lower grade; {© in the case of persons appointed: by initial: appointment vis- ‘a-vis persons appointed by promotion, on the basis that the persons appointed’ by promotion shall rank seniot to the persons appointed by initial appointment, (@ in the case of persons not covered by clause (a) to (, on ‘the basis that persons older in age shall rank senir to persons younger in age. * r : (© If an appointment is made by transfer— (a) a person appointed otherwise than on his own. request shall, for the purpose of determining his senjority, bergiven. the benefit of his regular service in other post or posts held by him before his teansfer and appointment to the flow post; provided that if the regular appointment is made in. a. batch ‘or on the same day, the older, in’ age shall-rank senior. to younger in age; (a person appointed on his own request shall rank junior to ll other persons appointed before him on the regular basis « and the persons appojnted with him in the same batch-or ‘on the same day by promotion or initial appointment; (© the interse-seniority of persons appointed on their request in the’ same batch or on the same day shall be determined. i accordance with their respective dates of regular appojnt- ment in the posts held by them before their transfer and appointment to'the new posts; provided that if the dates of their regular appointment in such other posts are same, the older in age shall rank senior to the younger'in age, @ An employee, who is not promoted on his tum on the ground that—PARTI] THE SINDH GOVT. GAZETTE, EXT. JANUARY 13, 199472 his seniority is under dispute or is not determined; or i) he is on deputation, training or leave; or iii) disciplinary proceedings are pending against him; or (iv) he is not considered for promotion for any reason other his unfitness ‘for promotion; shall, on subsequent promotion, subject to any order made by the competent authority in this behalf for the purpose of inter-se-seni- : ority jn thehigher grade, be deemed to have been promoted in the same batch as his juniors. 20. Subject to these rules, the rules, orders or instructions for the Oljer terms time being force, applicable to the civil servants shal] regulate the terms Gppaitions and conditions of service of the employees including the following of Service. matters:— (@) Leave () Advances (© G.P. Fund (@) Retirement, Pension and Commutation and re-employ- mént after retirement or appointment’on contract basis, (© Move-over © Group Insurance (@ Benevolent Fund. (h) Selection Grade ) Medical Facilities. (W) Residential accomodation (D Record of service and confidehtial report. (m) Honorarium (a) Atiy matter not provided for in these rules. Provided that the powers exercisable by the Government or authority subordinate thereto under’ the said rules shall by exercisable by the Director Genegal or by such person as he may be general or special order ect, 21. The Sindh Government Servants (Conduct) Rules, 1966, Sindh Civil Conduct Servants (Eificioncy and Discipline) Rules, 1973 and the Sindh Civil Pipline Servants (Appeal) Rules, 1980, Shall subject to Schedule TT, mutatis Appa’ mutandis apply to the émployees. : 22. .Where the Director General is satisfied that the pera-tion of- any provision of these rules causes under hardship in any particular caso, he. Releeton may, with the prior approval of the Chairman by order, dispense ‘with _ or relax the requirements of that provision to such extent and subject to such conditions as he may consider necessary for dealing with the caso in 4 just and equitabio manner. Ext 3-20‘ 93 THE SINDH GOVERNMENT GA “ETT, EXT, JANUARY 13, 1994 [PART 1 SCHEDULE -1 (See Rule 3-C. S.No. Posts Appointing Authority. (1) Posts in BPS-I8 aiid above Chairman_ in consultation with the Director General. ( Posts in BPS-11 to 17 Director General. "@) Posts in BPS-3 to 10 Director or Officer in BPS-19. (4 Posts in BPS-1 and 2. Director Finance and Adma. or : ‘Head or Regional Office. SCHEDULE - It (See Rule 21) (1), The Authorities and Authorised Officers for the purpose of efficiency and discipline rules in respect of the employees shall be;- S.No. Post Authority Authorised Officsr __ 1. BPS 102 ‘Director Finance and Officer in BPS-I7, ‘Administration or Head of Regional Office. 2, BPS-3to 10. Director or, Officer in Director Finance and BPS=19, ‘Administration or Head the Regional Oificel. E 3, BPS-Ilto 17 Director-General Director or Officer in BPS-19. : 4. BPS-18 and Chairman, SKAA Director Goneral. Above. G) ‘The authorities coinpétsint to heat appeals undee the ofticiency and discipline rales in respect ‘or the employees shall be as uder;-Parr J] THE SINDH GOVT. GAZETTE, EXT., JANUARY 13, 1994 4 S.No. Authority Making Authority Comgetent to hear the order. Appeals and entertain = Representation, |. Director Finance and Adminis- Director of Officer in BPS-19, tration or Head of the Regional Office. 2 Director or Oficer in BPS-19. Director General. 3. Director General. Chairman SKAA, 4 Chairman SKAA Review by the Chairman SKAA AGHA SHAHABUDDIN Sccretary to Government of Sindh, He KARACHE PRINTED AT THE SINDH GOVERNMENT PRESS ‘or e250) 1341-94 TH.