Khyber Pakhtunkhwa Civil Servants Amendment Ordinance 2021
Governor of Khyber Pakhtunkhwa has issued an ordinance on 25th March 2021 in connection with Khyber Pakhtunkhwa Civil Servants Amendment Ordinance 2021. Amendment has been made in section 13 of the Khyber Pakhtunkhwa Civil Servants Act 1973 regarding Retirement from Service.
Explanation regarding Khyber Pakhtunkhwa Civil Servants Amendment Ordinance 2021
WHEREAS it is expedient further to amend the Khyber Pakhtunkhwa Civil Servants Act, 1973 (Khyber Pakhtunkhwa Act No. XVIII of 1973) in the manner hereafter appearing;
AND WHEREAS the Provincial Assembly is not in session and the Governor of the Province of the Khyber Pakhtunkhwa is satisfied that circumstances exist which render it necessary to take immediate action;
NOW, THEREFORE, in the exercise of the powers conferred by Clause (1) of Article 128 of the Constitution of the Islamic Republic of Pakistan, the Governor of the Khyber Pakhtunkhwa is pleased to make and promulgate the following Ordinance:
Short title and commencement
(1) This Ordinance may be called the Khyber Pakhtunkhwa Civil Servants (Amendment) Ordinance, 2021.
(2) It shall come into force from 31st July 2019.
Substitution of section 13 of the Khyber Pakhtunkhwa Act No. XVIII of 1973
In the KPK Civil Servants Act, 1973 (KPK Act No. XVIII of 1973), hereinafter referred to as the said Act, for section 13, the following shall be substituted, namely:
“13. Retirement from Service”
(1) A Civil Servant shall retire from service on the completion of sixtieth (60th) year of his age.
(2) A Civil Servant may opt to retire early from service, after completion of twenty-five 25 years of qualifying service or attaining the age of fifty-five (55) years, whichever is later.
(3) Notwithstanding anything contained in sub-section (1) and (2), the competent authority may in the public interest, direct that a Civil Servant may retire from service, from such date, as may be determined by the competent Authority, after he has completed twenty (20) years of service, qualifying for pension or other retirement benefits, in the manner as may be prescribed:
Provided that no direction under this subsection shall be made until the Civil Servant has been informed in writing of the grounds on which it is proposed to make the direction, and has been given a reasonable opportunity of showing cause against the said direction.
In this section, the expression “Competent Authority” means the appointing authority prescribed in rule 4 of the Khyber Pakhtunkhwa Civil Servants (Appointment, Promotion, and Transfer) Rules, 1989.”
Insertion of Section 13A of the Khyber Pakhtunkhwa Act No. XVIII of 1973
In the said Act, after Section 13, as so substituted, the following new section shall be inserted, namely:
13A. Protection of certain acts (1) All the Civil Servants, who were conditionally retired from service on or after 31st day of July 2019 shall, for all interests and purposes, be deemed to have been regularly retired from service on the date of attaining sixtieth (60th) years of age.
(2) Any Civil Servant, who has completed sixty (60) years of age but is not retired from service, by virtue of or pursuance of the Khyber Pakhtunkhwa Civil Servants (Amendment) Act, 2019, shall be deemed to have been retired from service from the date when such Civil Servant has completed sixty (60) years of age.
(3) Any salary, allowances and other ancillary benefits received or drawn by such Civil Servant under this section on or after 31st day of July 2019 shall be deemed to be validly received and drawn.