Notifications20th October 2010 | (N-W.F.P. ACT NO. XVI OF 2009)
THE NORTH-WEST FRONTIER PROVINCE EMPLOYEES (REGULARIZATION OF SERVICES) ACT, 2009.
No.PA/NWFP/Bills/2009/38472.__The North-West Frontier Province Employees (Regularization of Services) Bill, 2009 having been passed by the Provincial Assembly of North-West Frontier Province on 15th October, 2009 and assented to by the Governor of the North-West Frontier Province on 20th October , 2009 is hereby published as an Act of the Provincial Legislature of the North-West Frontier Province.
EMPLOYEES (REGULARIZATION OF SERVICES) ACT, 2009.
(N-W.F.P. ACT NO. XVI OF 2009)
(First published after having received the assent of the Governor of the
to provide for the regularization of the services of certain employees
appointed on adhoc or contract basis.
Preamble. ---WHEREAS it is expedient to provide for the regularization of the services of certain employees appointed on adhoc or contract basis, in the public interest, for the purposes hereinafter appearing;
It is hereby enacted as follows:-
1. Short title and commencement. --- (1) This Act may be called the North- West Frontier Province Employees (Regularization of Services) Act, 2009.
(2) It shall come into force at once and shall be deemed to have been taken effect at the promulgation of the Ordinance.
2. Definitions. --- (1) In this Act, unless the context otherwise requires,-
(a) “Commission” means the North-West Frontier Province Public Service Commission;
(aa) “contract appointment” means appointment of a duly qualified person made otherwise than in accordance with the prescribed method of recruitment;
(b) “employee” means an adhoc or a contract employee appointed by Government on adhoc or contract basis or second shift/night shift but does not include the employees for project post or appointed on work charge basis or who are paid out of contingencies;
(c) “Government” means the Government of the
(d) “Government Department” means any department constituted under rule 3 of the North-West Frontier Province Government Rules of Business, 1985;
(e) “law or rule” means the law or rule for the time being in force governing the selection and appointment of civil servants; and
(f) “post” means a post under Government or in connection with the affairs of Government to be filled in on the recommendation of the Commission.
(2) The expressions “adhoc appointment” and “civil servant” shall have the same meanings as respectively assigned to them in the North-West Frontier Province Civil Servants Act, 1973 (N.-W.F.P. Act No. XVIII of 1973).
3. Regularization of services of certain employees.--- All employees including recommendees of the High Court appointed on contract or adhoc basis and holding that post on 31st December, 2008 or till the commencement of this Act shall be deemed to have been validly appointed on regular basis having the same qualification and experience for a regular post:
Provided that the service promotion quota of all service cadres shall not be affected.
4. Determination of seniority.--- (1) The employees whose services are regularized under this Act or in the process of attaining service at the commencement of this Act shall rank junior to all civil servants belonging to the same service or cadre, as the case may be, who are in service on regular basis on the commencement of this Act, and shall also rank junior to such other persons, if any, who, in pursuance of the recommendation of the Commission made before the commencement of this Act, are to be appointed to the respective service or cadre, irrespective of their actual date of appointment.
(2) The seniority interse of the employees, whose services are regularized under this Act within the same service or cadre, shall be determined on the basis of their continuous officiation in such service or cadre:
Provided that if the date of continuous officiation in the case of two or more employees is the same, the employee older in age shall rank senior to the younger one.
4A. Overriding effect.--- Notwithstanding any thing to the contrary contained in any other law or rule for the time being in force, the provisions of this Act shall have an overriding effect and the provisions of any such law or rule to the extent of inconsistency to this Act shall cease to have effect.
5. Repeal.--- The
By the orders of Mr. Speaker
Provincial Assembly of Khyber Pakhtunkhwa
Provincial Assembly of Khyber Pakhtunkhwa