Section 8: Transfer, etc. of employees.⎯ (1) Notwithstanding anything contained in any contract or

8. Transfer, etc. of employees.⎯ (1) Notwithstanding anything contained in any contract or agreement or in the conditions of service, an employee shall be retained in the Population Welfare Division or transferred to the Provinces as follows :⎯ (a) an employee who was recruited or appointed by the Council shall be retained in, or, as the case may be, stand transferred to, the Population Welfare Division ; (b) an employee who was recruited by the Board shall be retained in, or, as the case may be, stand transferred to the Province in which he was originally recruited ; (c) an employee who was originally recruited by the Board but subsequently appointed by the Council shall be retained in, or, as the case may be, stand transferred to the Population Welfare Division. (d) an employee shall, if he was recruited for the Population Welfare Division, be retained in that Division and, if he was recruited against a post in a Province, stand transferred to the Province of his domicile; and (e) a female employee who is married or a widow may be allowed the option to be transferred to the Province of the husband's or late husband's domicile: Provided that the Provincial Government of the Province in which an employee who is to be so transferred to the Population Welfare Division or to another Province is serving immediately before the commencement of this Ordinance may retain the services of such employee for such period as may be agreed upon between the Provincial Government and the Population Welfare Division or, as the case may be, the Government of the other Province to which he is to be transferred: Provided further, that the services of an employee, who immediately before the commencement of this Ordinance was working in relation to any of the functions of the Federal Government under the Ordinance, shall be retained by the Federal Government in consultation and with the agreement of the Provincial Government concerned. 1Subs. and shall be deemed always to have been so subs. by ordinance No. 32 of 2001, s. 2. (2) Every employee referred to in sub-section (1) shall be entitled to the same terms and conditions of service with respect to grade, remuneration, leave and pension to which he was entitled immediately before the commencement of this Ordinance 1[and shall, notwithstanding anything contained in any other law for the time being in force or any judgment of any Court or tribunal, including a High Court and the Supreme Court, be deemed to have become the civil servants of the respective Provincial Government on such commencement and shall be governed by the rules and regulations made under the Provincial laws relating to civil servants]. (3) Unless otherwise directed by the Provincial Government, all authorities and officers and ministerial staff exercising powers and functions immediately before the date of transfer shall, as from that day, continue to exercise their respective powers and functions. (4) No employee referred to in sub-section (1) shall be entitled to any compensation because of his transfer by virtue of, or under, the provisions of this Ordinance. 2[(5) Notwithstanding any judgment of any Court or tribunal, including a High Court, the Supreme Court, any law, contract, agreement or in the conditions of service, all actions taken, powers, including financial and administrative, exercised, orders or instructions issued, by the Federal Government and Provincial Governments in respect of terms and conditions of employees referred to in sub-section (1) after their retention in the Federal Government or transfer to the Provincial Governments, shall be deemed always to have been validly taken, exercised or issued by the Federal Government and Provincial Governments.]

Effective date: 1983-01-01

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