THE 1[KHYBER PAKHTUNKHWA]

EMPLOYEES (REGULARIZATION OF SERVICES) ACT, 2009.

(2[KHYBER PAKHTUNKHWA] ACT NO. XVI OF 2009)

CONTENTS

PREAMBLE

SECTIONS

1. Short title and commencement.

2. Definitions.

3. Regularization of services of certain employees.

4. Determination of seniority.

4A. Overriding effect.

5. Repeal.

1
Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011
2
Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011
 THE 1[KHYBER PAKHTUNKHWA]
EMPLOYEES (REGULARIZATION OF SERVICES) ACT, 2009.
(2[KHYBER PAKHTUNKHWA] ACT NO. XVI OF 2009)

[First published after having received the assent of the Governor of the 3[Khyber
Pakhtunkhwa] in the Gazette of 4[Khyber Pakhtunkhwa](Extraordinary),dated the
24th October, 2009]

AN
ACT

to provide for the regularization of the services of certain employees

appointed on adhoc or contract basis.

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 5[Khyber
Pakhtunkhwa] Employees (Regularization of Services) Act, 2009.

(2) It shall come into force at once.

2. Definitions.---(1) In this Act, unless the context otherwise requires,-

(a) “Commission” means the 6[Khyber Pakhtunkhwa] 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;

1
Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011
2
Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011
3
Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011
4
Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011
5
Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011
6
Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011
 1
(c) “Government” means the Government of the [Khyber
Pakhtunkhwa];

(d) “Government Department” means any department constituted

under rule 3 of the 2[Khyber Pakhtunkhwa] Government
Rules of Business, 1985, and does not include any section of a
Department or an organization which is federally funded;

(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 or contract appointment” and “civil servant”

shall have the same meanings as respectively assigned to them in the 3[Khyber
Pakhtunkhwa] Civil Servants Act, 1973 (4[Khyber Pakhtunkhwa] 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:

1
Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011
2
Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011
3
Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011
4
Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011
 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 North-West Frontier Province Employees (Regularization of

Services) Ordinance, 2009 (N.-W.F.P. Ordinance No. VII of 2009) is hereby
repealed.