CIVIL SERVANTS XXXX
19 Hoot 1349
(117 Articles)
(translation XXXX)
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TRANSIATION
THE GOVERNMENT OFFICIAL GAZETTS
Date 10 March 1971
The Government Civil Servants Law
CHAPTER I
GENERAL LAWS:
Article 1:
An official is a person who is employed in permanent government service in accordance with this law.
Article 2:
The officials relations with the department and similarly his rights privileges and duties shall be governed by the contents of this law.
Military officials and personnel of the Royal Afghan Army shall be subject to their own related laws and regulations.
Article 3:
The official is obliged to perform the duties entrusted him within the administrative framework and shall observe the proper.
Article 4:
At appointment the official shall take the following path: “I swear in the name of Holy God to be true to the country, king and people of Afghanistan and shall not be deceitful to my duty”.
The oath taking ceremony shall be observed in accordance with the related regulations.
Article 5: Age of an official shall be specified at appointment on basis of his identity card. Age of persons employed prior to issuance of new identification cards shall be specified in accordance with their Service Record File.
In case of differences in the identity card and file specified age the former shall hold good.
Article 6: The Central Civil Servants Administration shall be related directly to the prime ministry and consists of the following two organs:
1- Civil Service Commission
2- Civil Service Administration
Establishment and allocation of duties of the Central C.S.A. shall be in accordance with related laws and regulations.
CHAPTER II
Conditions of Employment:
Article 7: Persons having the following qualifications and fulfilling the following conditions shall be appointed:
1-Shall be an Afghan national.
2-Shall have completed the age of 18.
3-Shall have obtained health certification from the related authorities of the Health Ministry.
4-Shall not be XXXX to punishment for crime. Persons having been exonerated legally are not subject to this rule.
5-Shall have rendered his military service or have obtained written exemption or temporary exemption.
Persons between the ages of being appointed and waiting to be called for military service are exempt from this rule.
6-Shall have obtained baccalaureate or equivalent certificate. This rule applies only to those persons who may be appointed after enforcement of this law.
Government reserves the right to apply separate laws regarding appointment to technical and vocational poses.
Article 8: Person who may be appointed shall remain probationary upto one year.
After this period in case of his favorable report he shall become employed. During this probationary period the official shall be entitled to the salary of that post and if appointed permanently this period shall be taken XXXX the period of his service.
Article 9: An official can not be appointed to a post when the person ordering is his relative. In this instance the officials relatives are his parents, son and daughters, husband and wife, brother and sister.
Article 10: Government servants are divided into 4 grades and ten steps:
Grade A:Step One
Step Two
Grade B:Step Third
Step Four
Step Five
Grade C:Step Six
Step Seven
Step Eight
Grade D:Step Nine
Step Ten
Steps 11, 12 and 13 described in the Civil servants law dated 17 XXXX 1323 shall remain applicable in case of officials having this step at the time of enforcement of this law until the time of their promotion to the step 10 or dismissal from employment.
Article 11: Appointment, transfer, promotion and retirement of officials described in Article 10 shall be by the
following authorities:
Officials of Grade A on proposal of the Minister and approval of the Cabinet and the king:
Officials of Grade B on proposal by minister and approval of Prime Minister; Officials of Grade C an approval of Minister; Officials of Grade D of approval by Minister in the centre and in provinces of approval of the Governor.
Article 12: Step of official shall be specified at appointment according to education level, as follows:
Persons having finished high school (XXXX) or Equivalent at step 10: College graduates at step 9 and one year service. The graduation period here is four years but persons having longer graduation period or post graduation studies of more than four years this period shall be taken into account in their respective step of service.
When official is sent for vocational training and return without obtaining an educational certificate in this case the maximum of one year shall be added to his service.
Article 13: An official can not be paid for two duties within the official duration at one and the same time.
Article 14: Official working as head or member of government their period of employment shall be taken into consideration in their step of service.
Article 15: Right of official becoming assembly member or elections is reserved. If after completion of these responsibilities he again wishes to join his previous duties the said period shall be taken into account in his service step.
Article 16: Administration may if necessary appoint an official who is competent and efficient and who may have served for the period of at least one promotion in a higher grade than
his actual grade. In this case the official is entitled to full payment for the new XXXX. Persons who have been appointed to higher than their own grades prior to this law their salary shall be paid on the basis of one grade higher than their grade. Government may appoint an official who is competent enough after completing one cycle of promotion to upto higher grades then his own in view of efficiency or post graduate studies. In this case also the official shall be paid full salary of the post to which he may be appointed.
CHAPTER III
RESPONSIBILITIES:
Article 17: The official is obliged to fulfill the orders of superior within limits of rules and laws. In case he considers the orders against rules he is obliged to communicate the same in writing.
If after receiving the written intimation the superior concurs the same in writing the official is obliged to fulfill the order but shall not be responsible for it.
Article 18: Official is obliged to refrain from any action causing deiny or his ruption in matters.
Article 19: Official is obliged not to divulge information gathered during performance of duty except when legally necessary.
Article 20: The official is responsible for the authority invested in him.
Article 21: The official is obliged to enter information regarding his property and other personal information of specific form.
Article 22: The official cannot utilize the authority officially invested in him for personal purposes.
CHAPTER IV
PRIVILEGES:
Article 23: The official has the following privileges:
1-Salary and allocations
2-Legal and other leave
3-Promotion
4-Pension
5-Other privileges allocated in accordance with laws.
Part I- Salary and allocations:
Article 24: Salary is the amount allocated to an official in lieu of his service according to salary schedule each month.
Article 25: Salary is equal to the sum of two figures, one monthly salary index and other multiplier in the salary schedule(10). Increase of multiplier may take place in view of financial possibilities by government.
Article 26:In addition to salary the following allowances may be allocated:
1-When official may have obtained an educational certificate from an academy or have obtained membership in the educational centre of a university.
2-When serving in difficult climatic, working or living conditions.
3-When serving where his life or health may be XXXX danger.
4-When official serves in special technical or specialized fields.
5-When official works XXXX working hours on orders of him superiors.
6-When such allowances may be allocated in accordance with the law. Salary allowances if permanent shall be included in his pension.
Article 27: Allowance due to overtime outside of his working hours shall be paid on the basis of the hours of work according to one and during holidays according to one-half of the salary with allowances.
Overtime hours during working days shall not exceed half working day hours and overtime during holidays cannot exceed total day of working day.
Article 28: Estimate and conditions of allowances described in Article 26 shall be in accordance with rules and regulations.
Part II- Legal and Other Leave
Article 29: Annual leave of an official is as follows:
1- The official is entitled to 20 days leave annually (recreation) the official shall take this leave on approval of his superior within that year.
2- Official may for necessity take 10 days leave each year.
Article 30: In case of sickness the official may take the following:
1- In case of short sickness official may take upto 5 days of sick-leave without doctor’s confirmation, condition to that this loss not exceed 20 days annually.
When official takes more than 5 continuous days leave or more than the allocated 20 days sick-leave a year, he is entitled to his sick-leave in accordance with this law
and on doctor’s confirmation. When official is member of government health insurance, in this case confirmation of the insurance doctor or a medical doctor or where doctor may not be available the confirmation of his superior holds good. Days of sick-leave over the allotted days shall be considered as his annual leave.
2- When long sickness may hinder an official from performing his duties, he may on confirmation of a medical group take the following leave:
a)If his period of service be 5 years 3 months.
b)If period of service be over 5 years 6 months.
c)When period of service is over 10 years one year.
After expiry of above date or sick-leave the official shall be placed in waiting period without pay.
Article 31: Woman officials are entitled to 50 days maternity leave.
Article 32: When official is obliged to leave his duties he may with approval of his superior officer take leave without pay. When such leave does not exceed more than two months the officials posts shall be reserved in his favours otherwise he shall be placed in the without pay waiting position. Against each day of absence from duty three days salary shall be deducted, in case absence from duty exceed 20 days he shall be considered as having XXXX his position.
When an official the XXXX himself for duty but leaves without approval of his superior 5 days salary shall be deducted against every day of absence when such absence form duty exceeds 10 days, the XXXX shall be XXXX in his service file or records and this period shall not be taken as his service period.
Article 35: When a general holiday falls on a Friday, the next day shall be a general holiday. When a working day falls between two general holidays that day shall also be taken as a holiday.
Article 36: Average estimate of working hours of government officials during each year is 30 hours a weak. During Ramzan working hours shall be 30 hours per week. Beginning end and of working hours shall be fixed in accordance with separate rules.
Article 37: Working hours for teachers shall be specified in separate law.
Article 38: Working hours of project workers, labourers, industrial workers etc. shall be specified in separate laws.
Article 39: Working hours of specialized agencies and organizations shall be specified in accordance with special conditions by separate laws.
Article 40: Working hours of foreign employees shall be in accordance with this law but when otherwise stated by means of other contracts or law.
Article 41: Presence of officials shall be controlled by head of the organization and the personnel office.
PART III: PROMOTION
Article 42: Promotion of step consists of an officials being promoted to a higher or upper grade or step. Promotion in salary includes increase herein in accordance with the grade and step of the official.
Article 43: Officials shall be promoted to higher grade in accordance with the following conditions:
1-After completion of the specified period.
2-After obtaining favourable performance reports.
3-Availability of a vacant position. Teachers and professors are exempt from his rule.
When more then one person may be candidate for a post, it shall be allocated in accordance with reports, educational level, competence in performance of duty to the most deserving official.
Article 44: When an official fulfills the 1 and 2 conditions of Article 43 of this law but a suitable position may not be vacant he shall be given increase in salary as follows: Each year 20 percent difference of salary between the present and next grade. This increase continues upto five years of the officials eligibility. In case after he expiry of this period a position XXXX XXXX the official shall be promoted to that higher grade after fulfilling all related rules and regulations otherwise continues in his present position but reserves his right to the salary of the higher grade.
Official if falling short of favourable report shall not be entitled to increase of salary.
Article 45: Competence of the official shall be in accordance with his performance report.
Article 46: The administration is obliged to complete promotion forms two months prior to his promotions and enter the required information in the related forms and present them for approval of the superiors, each head of department within 10 days of receiving such forms shall fill them confidentially and send hem to the related authorities. The administrative office after confirming he veracity of the entries shall sent the forms to the promotions commission.
Article 47: The Promotions Commission shall be elected by the Minister in the center and by the governor in provinces.
Article 48: Time of allocation of promotions and pensions to officials in the month of XXXX and Hoot each year. Those persons shall retire or be promoted whose service period or age for retirement is XXXX after the month of XXXX.
Article 49: The government may for promoting officials in specialized or technical posts special conditions and standards in addition to those prescribed in the related promotion or retirement forms.
Officials Performance Report Form
DateMonthYear
Place for Photo
NameFather Name
Grade and step of official
Duty and post
Date of birth and place of birth
Educational level and educational XXXX attended and place
Date of joining the post and initial step
Date of promotion to present step
Days of absence
Awards or disciplinary action taken against the official during the year.
Performance Standards
NoStandardAllocation ofPoints given by Superior
StandardFirst/Second
1.ObedienceObedience to laws11
and orders of22
superiors33
44
55
2.Self-discipline
ability to keep11
official secrets22
and dignity33
44
55
Patience and
Durability in work
Platy and mastery
Of self
3.Devotion to duty
Attendance
Competence
4.Relations with
OthersAttitude towards
People
Attitude with co-
Workers
Attitude to
Superiors
Social relations
5.CompetenceLevel of the officials
intelligence and his
powers of grasping
problems
6.SmartnessPersonal cleanliness
cleanliness of office
Taste and decoration of office
7.XXXX of guiding and
administrationXXXX of taking responsibility and decisions
initiative and thinking power
New ideas and useful suggestions
Power of coordination and cohesion of matters.
Competence to overcome difficulties and adoption to new situations in programs of work
XXXX in guiding workers and officials of lower XXXX
Total points given XXXX superiorTotal points given by second superior
officer
Average points
Remarks of first superiorRemarks of second superior
Name and position of XXXX XXXX XXXX and position of second superior
XXXX of XXXX commission
Decision of the related authority.
SALARY SCHEDULE
GradeYears of serviceSalary Index
in each step
1570
23480
34390
44270
54240
64210
77180
83150
92135
102120
Multiplier: 10
EXPLANATION
Officer giving performance report shall give absolutely unbiased report of the officials performance in accordance with the following:
1-Competence of official in accordance with each point from one to five.
Point 1 is given when the officials performance is satisfactory
2"""is not satisfactory but can be improved
3"""when ability of official is average
4"""when official has distinctive ability
2-When judging the capability of the official his total performance shall be taken into view for example if his ability is highly distinctive he word five shall be written in the related column in letters.
3-When filling the performance report the position or the official is allocated in accordance with rules described in chapter 6 of this law.
4-Awards or disciplinary actions or absences are taken into view between the period of the last and present promotion and not transferred from one performance report to other.
For promotion to higher grade securing 4 points on the average and for salary increment 3 on the average are the required condition, in any case it is essential that level of points secured of 2 point of the XXXX is not less than 4 otherwise promotion of the official shall be suspended in the same period.
For officials who performance report in certain instances is not required the total points obtained by him shall not apply in his performance reports.
Article 50: For promotion to higher step the following period of service is required:
Step102Years
"92"
"83"
"74"
"64"
"54"
"44"
"34"
"23"
Period of service for promotion of 11, 12 and 13 years is 2 years
PART IV:XXXX
Article 51:XXXX shall be allocated in accordance with rules of Chapter 10 of this law.
CHAPTER V: TRANSFER
Article 52: Excepting instances specified in this law a civil servant shall not be transferred from his XXXX place to another in less than two years of service.
Article 53: In the following instances the related authorities may transfer an official:
1-Expertise, specialty in a field which may result in better results.
2-When unsatisfactory performance report is given to an official in accordance with Article 87 of this law.
3-Approval of both head of departments and of related superiors.
4-Punishment transfer in accordance with Article 71 of this law.
Article 54: Until the finalization of transfer matters the official shall work in his present position and duties.