The North-West Frontier Province Civil Servants (Amendment) Ordinance, 2001
4th June, 2001.
No. Legis: 1(21)73/2953/72995.—The following Ordinance by the Governor of the North-West Frontier Province is hereby published for general information:—
THE NORTH-WEST FRONTIER PROVINCE CIVIL SERVANTS (AMENDMENT) ORDINANCE, 2001.
N.-W.F.P. ORDINANCE NO. VI OF 2001.
further to amend the North-West Frontier Province Civil Servants Act, 1973.
WHEREAS it is expedient further to amend the North-West Frontier Province Civil Servants Act, 1973 (N.-W.F.P. Act No. XVIII of 1973), for the purpose hereinafter appearing;
AND WHEREAS the Provincial Assembly of the North-West Frontier Province is in abeyance and the Governor is satisfied that circumstances exist which render it necessary to take immediate action;
NOW, THEREFORE, in pursuance of the Proclamation of the fourteenth day of October, 1999, and the Provisional Constitution Order No. 1 of 1999, read with Article 4 of the Provisional Constitution (Amendment) Order No. 9 of 1999, and in exercise of all powers enabling him in that behalf, the Governor of the North-West Frontier Province is pleased to make and promulgate the following Ordinance:
1. Short title and commencement,— (1) This Ordinance may be called the North-West Frontier Province Civil Servants (Amendment) Ordinance, 2001.
(2) It shall come into force at once.
2. Addition of section 11A to N.-W.F.P. Act No. XVIII of 1973.— In the North-West Frontier Province Civil Servants Act, 1973 (N.-W.F.P. Act No. XVIII of 1973), after section 11, the following new section 11A shall be inserted, namely:
"11 A. Absorption of civil servants rendered surplus.—
Notwithstanding anything contained in this Act, the rules made thereunder, any agreement, contract or the terms and conditions of service, a civil servant who is rendered surplus as a result of reorganization or abolition of a department, office or abolition of a post in pursuance of any Government decision may be appointed to a post, carrying basic pay scale equal to the post held by him before such appointment, if he possesses the qualifications and fulfils other conditions applicable to that post:
Provided that where no equivalent post is available, he may be offered a lower post in such manner and subject to such conditions as may be prescribed, and where such civil servant is appointed to a lower post, the pay being drawn by him in the higher post immediately preceding his appointment to a lower post shall remain protected.".