Governor promulgates ordinance to amend Sindh Civil Servants Act 1973

Sindh Governor Dr Ishrat-ul-Ebad Khan Tuesday promulgated an ordinance to amend the Sindh Civil Servants Act 1973. The governor promulgated the ordinance to safeguard the interest of the employees of the provincial government and to utilize the services of competent civil servants of federal government in the affairs of the province by making provisions in the Sindh Civil Servants Act 1973. It is expedient to make suitable amendments therein.
Ordinance called the Sindh Civil Servants (Amendment) Ordinance 2012 shall come into force at once.
“In the Sindh Civil Servants Act. 1973. hereinafter referred to as the said Act in section 2-(i) After clause (a), the following shall be inserted:-“(aa)” absorption” means the appointment of a person by way of absorption in accordance with sub-section (2) of section 10-A;”(ii) After clause (b) the following shall be inserted:-“(bb)” deputation” means the posting of a person in accordance with sub- section (1) of section 10-A;
(iii) In clause (d), after the word “transfer”, the words “or absorption” shall be inserted.
“In the said Act, for section 9-A, the following shall be substituted:- “9-A. Notwithstanding anything contained in this Act or any other law for the time being in force or any judgment of any court, a civil servant who provenly exhibits the act of gallantry while performing his duties or very exceptional performance beyond the call of duty, may be granted out of turn promotion or award or reward by government. (CM)”
“In the said Act, after section 10, the following new section shall be inserted:-“10-A. (1) Notwithstanding anything contained in this Act or any law in force or any judgment of any court, government (C.M) shall have and shall be deemed to always have had the power to appoint any person on deputation basis , who is a civil servant as defined in this Act or the Federal Civil servants Act 1973 or is in the service of Government of Federal Government or autonomous, semi-autonomous body, corporation or any organization set up, established, owned, controlled or managed by Governemnt or as the case may be the Federal government against any post, in any cadre, in the civil service of the Province or in connection with the affairs of the province. Provided that- (a) Such person shall possess the minimum qualifications as may be laid down for the person to be appointed to that post and shall be subject to provincial laws and rules relating to disciplinary proceedings;(b) Such deputation shall be for an initial period of three years, which may be extended only once by government (C.M) for a further period of two years; and (c) The number of persons whose appointing authority is the Federal Government or autonomous, semi-autonomous body, corporation or any organization set up, established, owned, controlled or managed by the Federal Government shall not, unless otherwise directed by the Chief Minister, exceed ten percent of the posts in any cadre of posts sanctioned in the civil service of the Province or in connection with the affairs of the province.
“(2) Notwithstanding anything contained in this Act or any law in force or any judgment of any court Government (C.M) shall have and shall be deemed to always have had the power to appoint any person by way of absorption, who is a civil servant as defined in this Act or the Federal Civil Servants Act, 1973 or is in the service of Governemnt or Federal Government or autonomous, semi-autonomous body, corporation or any organization set up, established, owned, controlled or managed by governemnt or as the case may be the Federal Government , against any post, in any cadre , in the civil service of the Province or in connection with the affairs of the Province.
Provided that-(a) Such person shall possess the minimum qualifications as may be laid down for the person to be appointed to that post. (b) Such person shall be appointed to a post of equivalent or comparable grade and if such post is not available, the to a lower grade; (c) Previous service, if not pensionable, shall not count for pension and gratuity unless government directs otherwise; (d) the number of persons whose appointing authority is the Federal Government or autonomous, semi-autonomous body, corporation or any organization set up, established, owned, controlled or managed by the Federal Government and who are absorbed in accordance with this sub- section shall not, unless otherwise directed by the Chief Minister, exceed ten percent of the posts in any cadre of posts sanctioned in the civil service of the Province or in connection with the affairs of the Province.
(3) Notwithstanding anything contained in this Act or any law in force or any judgment of any court, any person deputed or absorbed against any post. In any cadre, in the civil service of the Province or in connection with the affairs of the Province prior to the coming into force of the Sindh Civil Servants (Amendment)Ordinance, 2012 shall be deemed to have been validly deputed or absorbed, as the case may be, in accordance with section 10-A.”
5. In the said Act, in section 14, after sub-section (2), the following new sub-section shall be added:-“(3) Notwithstanding anything contained in this Act or any law in force or any judgment of any court, Government (C.M) shall have and shall be deemed to always have had the power to appoint any retired civil servant, whose, in view of his expertise, are required by government in the public interest, for a period as deemed appropriate by the government (CM).