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Miscellaneous Rules
Sr. No. Subject Page
MISCELLANEOUS RULES
1.
2.
Ex-Government
Servants (Employment with Foreign Government)
(Prohibition) Act, 1966................................................................................ 7
3.
4.
Punjab
Service Tribunals Act (Procedure) Rules, 1975 and related
instructions.............................................................................................. 16
5.
6.
7.
1965 ............................................................................................................ 35
8.
Rules, 1966 and related instructions 44
9.
10.
11.
12.
13.
Rules 2012............................................................................................. 105
14.
Punjab
Public Service Commission Regulations, 2000 and instructions
regarding appointment through the Commission......................... 109
15.
16.
of Classes) Rules, 1974............................................................... 127
17.
18.
2010 .......................................................................................................... 132
19.
Rules, 2011............................................................................... 135
20.
Protection
Against Harassment of Women at the Work Place Act 2010 (with
related Instructions).................................................................. 137
21. Joining Time.............................................................................. 152
22. The
23.
Ombudsman
for the
Disposal of Complaints) Regulations, 2005.................................. 178
24.
25. Provincial Management Service Rules, 2004................................. 203
ACT XXXIV OF 1958
(MAINTENANCE) ACT, 1958
An Act to provide for the maintenance of certain essential services.
(First published, after having received the assent of the Governor of West Pakistan, in the Gazette of West Pakistan on the 25th April, 1958).
No.Leg.1(34)/58, 25th April 1958, (Gazette, Extraordinary, 25th April 1958). The following Act having received the assent of the Governor of West Pakistan on the 25th April, 1958 and was published for general information in the Gazette.
Preamble
– Whereas it
is expedient to provide for the maintenance of certain essential
services in *the
It is hereby enacted as follows:
1.
Short title, extent and commencement – (1) This Act may be called
*the Punjab Essential Services (Maintenance) Act, 1958.
(2)
It extends to the whole of *the
(3)
It
shall come into force at once.
2.
Definitions – In this Act, unless there is anything repugnant in
the subject or context –
(i)
“employment” means any service for which remuneration is
received;
(ii)
“essential service” means a service to the employment of
which this Act applies;
(iii)
“Government” means the *Provincial Government of the
3.
Employment to which this Act applies – This Act shall apply to all
employment under the Government or any agency set up by it or a local
authority or any service relating to transport or civil defence.
4.
Power to order persons engaged in certain employments to
remain in specified areas – (1) The Government or an officer authorized in this
behalf by the
Government may, by general or special order, direct that any person or persons engaged in any employment or class of employment to which this Act applies shall not depart out of such area or areas and for such period not exceeding three months as may be specified in such order.
*Substituted vide Punjab Laws (Adaptation) Order, 1974 (President Order No. 1 of 1974).
(2) An order made under sub–section (1) shall be published in such manner as the Government, or the officer making the order, considers best calculated to bring it to the notice of the persons affected by the order.
5. Offences – Any person engaged in any employment or class of employment to which this Act applies who –
(a)
disobeys any lawful order given in the course of such
employment or attempts to persuade any person to disobey any such order; or
(b)
without reasonable excuse abandons such employment or absents
himself from work; or
(c)
departs
from any area specified in an order under sub–section
(1)
of section 4 without the consent of the Government or the
authority making that order, and any employer of a person engaged in an
employment or class of employment to which this Act applies, who without
reasonable excuse –
(1)
discontinues
the employment of such person; or
(2)
by closing an establishment in which such person is engaged,
causes the discontinuance of his employment; or
(3)
discontinues or causes the discontinuance of an essential
service is guilty of an offence under this Act.
Explanation 1 – The fact that a person apprehends that by continuing in his employment he will be exposed to increase physical danger is not reasonable excuse within the meaning of clause (b).
Explanation 2 – A person abandons his employment within the meaning of clause (b) who, notwithstanding that it is an express or implied term of his contract of employment that he may terminate his employment on giving notice to his employer of his intention to do so, so terminates his employment without the previous consent of his employer.
6. Regulation of wages and conditions of service – (1) The Government may make rules regulating or empowering specified authorities to regulate the wages and other conditions of service of persons or of any class of persons engaged in any employment or class of employment to which this Act applies.
(2) When any such rules have been made, or when any directions regulating wages or conditions of service have been given by the authority empowered by such rules to give them, any person failing to comply therewith is guilty of an offence under this Act.
7.
Penalties and Procedure – (1) Any person found guilty
of an offence under this Act, shall be punishable with imprisonment for
a term which may extend to one year and shall also be liable to a fine.
(2)
Where the person accused of an offence under this Act is a
company or other body corporate, every director manager, secretary or other
officer thereof shall unless he proves that the offence was committed without
his knowledge or that he exercised due diligence to prevent the commission of
the offence, be liable to the punishment provided for the offence.
(3)
No court shall take cognizance of an offence under this Act
except upon complaint in writing made by an officer empowered by the Government
in this behalf.
8.
Bar of legal proceedings – No suit, prosecution or
other legal proceedings shall lie against any person for anything which
is, in good faith, done or intended to be done under this Act or the rules made
thereunder.
9.
Saving of effect of laws imposing liability to national
service – Nothing
contained in this Act or in any declaration or order made thereunder, shall
have effect in derogation of any provision of law which is or may be for the
time being in force, imposing upon a person engaged in an employment or class
of employment to which this Act applies any liability to be called up for
national service or to under-take employment in the national service.
10.
Repeal – The North West Frontier Province Essential Services
(Maintenance) Act, 1946 (XII of 1946), and the West Pakistan
Essential Services (Maintenance) Ordinance, 1957 (VII of 1957) are
hereby repealed.
ANCILLARY INSTRUCTIONS
THE
Copies of Notifications:
(1)
No.SOXII–1–61/57, dated 29th May 1958;
(2)
No.SOXII–1–61/57–A,
dated 29th May 1958;
Issued by Government of West Pakistan, Services and General Administration Department, addressed to all Secretaries to Government of West Pakistan and others concerned.
Subject:
In exercise of the powers conferred by sub–section (3) of Section 7 of the West Pakistan Essential Services (Maintenance) Act, 1958, the Governor of West Pakistan is pleased to empower the Superintendents of Police of all the Districts in West Pakistan (except the Federal Capital and Special Areas) to lodge complaints in writing in respect of the offences under the said Act committed within their respective jurisdiction.
2. In exercise of the powers conferred by sub–section (1) of Section 4 of the West Pakistan Essential Services (Maintenance) Act, 1958, the Governor of West Pakistan is pleased to authorize the District Magistrates of all the Districts in West Pakistan (except the Federal Capital and the Special Areas) to direct, by general or special order, any person or persons engaged in any employment or class of employment to which the said Act applies, not to depart out of such areas and for such period not exceeding 3 months as may be specified in such order.
Ex–Government Servants (Employment with Foreign Government) (Restriction) Act, 1966
THE EX–GOVERNMENT SERVANTS
(EMPLOYMENT WITH FOREIGN GOVERNMENTS)
(PROHIBITION) ACT, 1966
ACT NO.XII OF 1966
*An Act to prohibit ex–Government servants from seeking or taking up employment with a foreign Government or foreign agency.
Whereas in the interest of the security of
And whereas the national interest in relation to the security
of
It is hereby enacted as follows:
1.
Short title, extent and commencement – (1) This Act may be called the Ex–Government
Servants (Employment with Foreign Governments) Prohibition Act, 1966.
(2)
It extends
to the whole of
(3)
It
shall come into force at once.
2.
Definitions – In this Act, unless there is anything repugnant in the
subject or context, –
(a)
“ex–Government servant” means any person who was at any time,
appointed or employed as an officer or servant of the Central Government or a
Provincial Government and has ceased to be so appointed or employed;
(b)
“foreign agency” means any office or establishment of the
diplomatic or consular representative of a foreign Government by whatever name
called, and includes any information, public relations, trade or commercial
agency, service centre or foundation established or maintained by any such
Government or by any person who is a national of a foreign country; and
(c)
“foreign Government” means the Government of a foreign
country.
3.
Prohibition of employment, etc. – (1) No ex–Government servant shall,
except with the previous permission in writing of the Central Government,
seek or take up employment as an officer or servant of a foreign Government or
a foreign agency.
*The Act was published in the Gazette of Pakistan, Extraordinary, 7th July 1966.
Page:8
Miscellaneous
(2) No ex–Government servant who is, at the commencement of this Act, in the service of a foreign Government or a foreign agency shall, except with the permission in writing of the Central Government, continue in such service after the expiry of three months from such commencement.
*4. Penalty— Whoever contravenes the provisions of section 3 shall be punishable with imprisonment for a term which may extend to seven years, or with fine which may extend to fifty thousand rupees, or with forfeiture of property, or with any two or more of the said punishments.
*Authority: Ordinance No. XI of 1982 dated the 18th May 1982.
The
Act, 1974
No.PAP/Legis:2(8)/74/68
Dated the 20th June, 1974
The Punjab Service Tribunal Bill, 1974 having been passed by the Provincial Assembly of the Punjab on the 5th day of June, 1974 and assented to by the Governor of the Punjab on the 20th Day of June, 1974, is hereby published as an Act of the Provincial Legislature of the Punjab.
THE
(First published, after having received the assent of the Governor of the Punjab, in the Gazette of the Punjab (Extraordinary) dated the 20th June 1974)
AN
ACT
to provide
for the establishment of Service Tribunals to exercise jurisdiction regarding
matters relating to the terms and conditions of service in respect of services
of the Province of the
WHEREAS it is expedient to provide for the establishment of Service Tribunals to exercise exclusive jurisdiction regarding the matters relating to the terms and conditions of service in respect of the services of the Province of the Punjab and for matters connected therewith or ancillary thereto;
It is hereby enacted as follows:
1.
(1)
This Act may be called the
(2)
It
shall come into force at once.
(3)
It
applies to all civil servants wherever they may be.
2.
In
this Act, unless there is anything repugnant in the subject or context:
(a)
“Chairman”
means the Chairman of the Tribunal;
(b)
“Civil Servant” means a person who is or who has been a
member of a civil service of the Province or who holds or has held a civil post
in connection with the affairs of the Province but does not include:
(i)
a person who is or who has been on deputation to the Province
from the Federation or any other Province or authority;
(ii)
a person who is or has been employed on contract, or on work–
charged basis, or who is or has been paid from contingencies; or
*Substituted for the word “Administrative” vide the Punjab Administrative Tribunals (Amendment) Act, 1975.
(iii)
a person who is or has been a “worker” or “workman” as
defined in the Factories Act, 1934 (XXV of 1934) or the Workmen's
Compensation Act, 1923 (VIII of 1923);
(c)
“Government”
means the Government of the
(d)
“Governor”
means the Governor of the
(e)
“Member”
means the Member of the Tribunal;
(f)
“Registrar” means the Registrar of a Tribunal and includes
any other person authorized by a Tribunal to perform the functions and duties
for the Registrar; and
(g)
“Tribunal” means a Service Tribunal established by this Act,
or a Bench thereof.
*3. Tribunals – (1) The Governor may, by notification in the official Gazette, establish one or more Service Tribunals, and, where there are established more than one Tribunal, the Governor shall specify in the notification the class or classes of civil servants in respect of whom all the territorial limits within which or the class or classes in respect of which each such Tribunal shall exercise jurisdiction under this Act.
(2)
A Tribunal shall have exclusive jurisdiction in respect of
matters relating to the terms and conditions of service of civil servants,
including disciplinary matters.
(3)
A
Tribunal shall consist of:
(a)
A Chairman, being a person who has been or is qualified to be
judge of a High Court; and
(b)
two members each of whom is a person who possesses such
qualifications as may be prescribed by rules.
(4)
The Chairman and members of a Tribunal shall be appointed by
the Governor on such terms and conditions as he may determine.
(5)
The Chairman or a member of a Tribunal may resign his office
by writing under his hand addressed to the Governor.
(6)
The Chairman or a member of a Tribunal shall not hold any
other office of profit in the service of
(7)
Notwithstanding anything contained in sub–section (3),
sub–section (4), sub–section (5) or sub–section (6), a Tribunal established to
exercise jurisdiction in respect of a specified class or classes of cases, may
consist of one or more persons in the service of
*The entire Section 3 was substituted vide section 3 of the Punjab Administrative Tribunals (Amendment) (Act XXVI of 1975).
*3–A Constitution of Benches –
(1)
Notwithstanding anything contained in section 3, the Chairman
may constitute a Bench consisting of himself or one member only or two Members
without the Chairman or the Chairman and a Member and when so constituted a
Bench shall be deemed to be a Tribunal.
(2)
If a Bench is unable to arrive at a unanimous decision in an
appeal, the matter shall be placed before the full Tribunal and the decision of
the Tribunal shall be expressed in terms of the opinion of the majority;
Provided that if the Chairman or the Member who was not already on the Bench cannot be associated or is unable for any reason to take part in the hearing of the appeal, the decision of the Tribunal shall be expressed in terms of opinion of the senior member of the Bench.
(3)
The Chairman may, at any stage of hearing of an appeal,
withdraw it from the Tribunal and entrust it to a Bench or may withdraw any
appeal pending before a Bench and make it over to another Bench or to the
Tribunal.
*4. Appeals to Tribunal – (1) Any civil servant aggrieved by any final order, whether original or appellate, made by a departmental authority in respect of any of the terms and conditions of his service may, within thirty days of the communication of such order to him or within six months of the establishment of the appropriate Tribunal, whichever is later prefer an appeal to the Tribunal;
Provided that –
(a)
Where an appeal, review or representation to a departmental
authority is provided under the Punjab Civil Servants Act, 1974 or any rules
against any such order no appeal shall lie to a Tribunal unless the aggrieved
civil servant has preferred an appeal or application for review or
representation to a departmental authority and a period of ninety days has
elapsed from the date on which such appeal, application or representation was
so preferred;
(b)
no appeal shall lie to a Tribunal against an order or
decision of a departmental authority determining the fitness or otherwise of a
person to be appointed to or hold a particular post or to be promoted to a
higher grade; and
(c)
no appeal shall lie to a Tribunal against an order or decision
of departmental authority made at any time before the 1st July 1969.
*Inserted, vide Section 2 of the Punjab Service Tribunals (Amendment)
Ordinance, 1980 (
*Inserted, vide Section 2 of the Punjab Service Tribunal (Amendment)
Ordinance, 1980 (
(2) Where the appeal is against an order or decision of a departmental authority imposing a departmental punishment or penalty on a civil servant, the appeal shall be preferred –
(a)
in the case of a penalty of dismissal from service removal
from service, compulsory retirement or reduction to a lower post or time scale
or to a lower stage in a time scale, to a Tribunal referred to in sub–section
(3) of Section 3; and
(b)
in any other case, to a Tribunal referred to in sub–section
(7) of section 3 and where no such Tribunal is established, to a Tribunal
established under sub–section (3) of that section.
Explanation – In this section “departmental authority” means any authority, other than a Tribunal which is competent to make an order in respect of any of the terms and conditions of civil servants.
5. Powers of Tribunals – (1) A Tribunal may, on appeal, confirm, set aside, vary or modify the order appealed against.
(2)
A Tribunal shall, for the purpose of deciding any appeal, be
deemed to be a civil court and shall have the same powers as are vested in such
court under the Code of Civil Procedure, 1908 (Act V of 1908) including
the powers of –
(a)
enforcing the attendance of any person and examining him on
oath;
(b)
compelling
the production of documents; and
(c)
issuing commission for the examination of witnesses and
documents.
(3)
No court–fee shall be payable for preferring an appeal to, or
filing, exhibiting or recording any document in, or obtaining any document from
a Tribunal.
*7. Deleted.
8. Abatement of suits and other proceedings – All suits, appeals and applications regarding any matter within the jurisdiction of a Tribunal pending in any court immediately before the establishment of the appropriate Tribunal shall abate on the establishment of such Tribunal;
Provided that any party to such a suit, appeal or application may, within ninety days of establishment of the appropriate Tribunal, prefer an appeal to it in respect of any such matter which is in issue in such suit, appeal or application.
*Section 6 and Section 7 deleted, vide Section 5 of the Punjab Administrative Tribunals (Amendment) Act, 1975.
9. Applicability of the Provisions of the Limitation Act, 1908 – The provisions of section 5 and 12 of the Limitation Act, 1908 (IX of 1908), shall apply to appeals under this Act.
10. Repeal
and transfer of cases – (1) The
(2) All cases pending before the Tribunal established under the Punjab Civil Services (Appellate Tribunals) Ordinance, 1970 shall stand transferred to such Tribunal or the Tribunals established under this Act as Government may direct.
11.
Rules – Government, may, by notification in the official Gazette,
make rules for carrying out the purposes of this Act.
12.
Repeal of
(Procedure) Rules, 1975
No.SORII(S&GAD)2–104/73
Dated the 13th October 1975
In
exercise of the powers conferred by Section 11 of the Punjab Service Tribunal
Act, 1974, (
THE
These rules may be called the Punjab Service Tribunals (Procedure) Rules,
1975.
2.
(1) In these rules, unless there is anything repugnant in the
subject or context:
(a)
“Act” means the Punjab Service Tribunal Act, 1974 (Act
No.IX of 1974);
(b)
“Chairman”
means the Chairman of a Tribunal;
(c)
“Member” means a member of a Tribunal and includes the
Chairman; and
(d)
“Registrar” means the Registrar of a Tribunal and includes any
other person authorized by the Tribunal to perform the functions of the
Registrar under these rules.
3.
Words and expressions used but not defined in these rules
shall have the same meaning as are assigned to them in the Act.
4.
(1) The permanent seat of a Tribunal shall be at a place
which the Government may, by notification in the official Gazette, appoint.
(2)
A Tribunal shall ordinarily hold its sittings at its
permanent seat but it may hold its sittings at any other place within its
jurisdiction if in its opinion the holding of sittings at such other place will
be convenient to the parties to the proceedings before it.
5.
(1) A Tribunal shall ordinarily observe the same hours as are
observed by the offices of the Government.
(2)
A
Tribunal shall observe the holidays notified by the Government.
6.
(1) An appeal to a Tribunal may be sent to the Registrar by
registered post acknowledgment due or presented to him during office hours
either by the appellant personally or through his advocate.
(2)
Appeals presented to or received by any member shall be
deemed to be properly presented or received under this rule.
7.
Every
memorandum of appeal shall:
(a)
be
legibly, correctly and concisely written, type–written or printed;
Punjab Estacode 2013
(b)
divided into paragraphs, numbered consecutively, each
paragraph containing, as nearly as may be, a separate assertion or averment;
(c)
contain the full name official designation and place of
posting of each party;
(d)
clearly
set out the relief claimed;
(e)
be
accompanied by –
(i)
a copy of the final order, whether original or appellate, and
any other order of the competent authority in respect of any of the terms and
conditions of service of the appellant against which the appeal is preferred;
and
(ii)
copies of rules, orders and other documents on which the
appellant proposes to rely in support of his claim;
(f)
be
signed or thumb–impressed by the appellant; and
(g)
be accompanied by three spare copies of the memorandum of
appeal and as many other copies thereof, duly signed or thumb impressed by the
appellant and accompanied by the documents referred to in clause(e), as there
are respondents:
Provided that where a Tribunal is satisfied that it is not possible for an appellant to produce any document referred to in clause (e), it may waive the provisions of the clause.
8.
In every memorandum of appeal, the competent authority
against whose orders the appeal is preferred and any other party to the dispute
shall be shown as respondents.
9.
Where an appeal is presented after the period of limitation
prescribed in the Act, it shall be accompanied by a petition, supported by an
affidavit setting forth the cause of delay.
10.
No Court–fee shall be payable for preferring an appeal to, or
filing, exhibiting or recording any document with a Tribunal.
11.
(1) The Registrar shall scrutinize every memorandum of appeal
received by him, and shall:
(i)
If it is drawn up in accordance with the provisions of rule
6, cause it to be registered in the register, of appeals, to be maintained in
form appended to these rules and shall, with the approval of the Chairman, fix
a date for its preliminary hearing before the Tribunal; and
(ii)
If it is not drawn up in accordance with the provisions of
rule 6, return it to the appellant for amendment, within a time to be specified
in an order to be recorded by him on the memorandum of appeal, which shall in
no case be less than fourteen days pointing out the deficiency.
(2)
If the memorandum of appeal is not resubmitted within the
period specified under clause (ii) of sub rule (i), the appeal shall stand
dismissed.
12.
(1) A Tribunal may, after hearing the appellant or his
advocate, dismiss the appeal in limine.
(2)
If the appeal is not dismissed in limine, notices of
admission of appeal and of the day fixed for its hearing shall subject to the
provisions of sub–rule (3), be served on the appellant, the respondents and on
such other persons as the Tribunal may deem proper.
(3)
The appellant shall within one week of the receipt of the
notice of admission of his appeal or within such extended period as may be
allowed by the Registrar, deposit with the Registrar:
(a)
case
security for costs in the sum of Rs.100/- and
(b)
cost
of service of notice on the respondents.
(4)
If the appellant does not comply with the provisions of
sub–rule (3) his appeal may be dismissed by the Tribunal.
13.
(1) A notice under sub–rule (2) of rule 11 shall be in such
form as may be laid down by a Tribunal and may be served by Registered Post or
in any other manner, including publication in one or more daily newspapers, as
the Tribunal may direct;
Provided that a notice shall not be issued for publication in a newspaper until the costs of such publication are deposited by the appellant.
(2)
The notice to a respondent shall, except where it is
published in a newspaper, be accompanied by a copy of the memorandum of appeal
and of the documents appended thereto.
(3)
Service of notice in accordance with the provisions of this
rule shall be deemed to be due notice, and it shall not be necessary to prove
that a party has actually received the notice.
14.
(1) A respondent on whom a notice of appeal has been served
under rule 12, may send his objections to the appeal by registered post
acknowledgement due to the registrar so as to reach him, or deliver the same to
the Registrar either personally or through his advocate, not later than seven
days before the date specified in the notice for hearing of the appeal, or
within such extended period as may be allowed by the Registrar.
(2)
The objection shall be legibly, correctly and concisely
written, type written or printed, shall be signed by the respondent or by a
person authorized by him in that behalf and shall be accompanied by a copy of
every document on which the respondent wished to rely in support of his
objections.
(3)
The written objections shall be accompanied by four spare
copies thereof, complete in all respects, for use of the members of the
Tribunal and the appellant.
Punjab Estacode 2013
(4)
In case objections are not received or delivered within the
time allowed under sub–rule (1) the respondent may be proceeded against ex
party.
15.
Question arising for determination by a Tribunal shall be
decided ordinarily upon affidavits and documents proved by affidavits, but the
Tribunal may direct that such questions as it may consider necessary shall be
decided on such other evidence and in such manner as it may deem fit.
16.
(1) An application for summoning witnesses before a Tribunal
shall be made as soon as possible after the issue of notice of admission of
appeal under rule
11
and
shall state:
(a)
the names, designations and addresses of the witnesses to be
summoned; and
(b)
a brief resume of the evidence which each witness is expected
to give.
(2)
If the Tribunal is of the opinion that the evidence of any
witness specified in the list of witnesses given under sub–rule (1) may be of
material assistance in the disposal of an appeal before it shall direct him to
be summoned on a date to be fixed by the Tribunal and direct that the daily
allowance and traveling charges of such witness should be deposited by the person
calling him within seven days of the date of the order.
(3)
The Tribunal may, by general or special order prescribe the
rates of daily allowance and traveling charges to be paid to witnesses summoned
by it.
(4)
If a person applying for the summoning of a witness fails to
deposit the requisite costs of the witness within the period specified in
sub–rule(2), or within such extended period as may be allowed by the Tribunal,
the application for summoning of witnesses, so far as it relates to such
witness, shall be deemed to have been rejected.
(5)
If the Tribunal is of the opinion that the evidence of any
witness is necessary for the disposal of an appeal before it, it may direct him
to be summoned.
(6)
Where
the Tribunal summons a witness under the provisions of sub–
rule
(5):
(a)
If such witness is a Government servant, his traveling and
daily allowances, if any, shall be payable by the Government as required by the
provisions of the T.A. Rules applicable to such servant; and
(b)
If such witness is a private person, his traveling and daily
allowance shall be payable by such party and to such extent as may be
determined by the Tribunal.
17.
(1) A person for service on a witness of high rank shall be
sent in the form of a letter.
(2)
Except in urgent cases or as may otherwise be ordered by a
Tribunal a summon to a Government servant shall be served through the Head of
his office.
18.
(1) Daily Cause list shall be prepared under the orders of
the Registrar which shall be affixed on the notice board of the Court room of
the Tribunal.
(2)
Except as otherwise directed by the Tribunal, cases shall be
set down in the Cause List in the Order of the date of admission.
19.
(1) Evidence of a witness examined by a Tribunal shall be
taken down under the superintendence of a Tribunal ordinarily in the form of a
narrative, and shall be signed by the members of the Tribunal and shall form
part of the records.
(2)
The parties or their advocates may suggest any questions to
be put to a witness and a member, may, besides such questions, put any other
questions to the witness.
(3)
A Tribunal may, in the interest of justice, close the
evidence of any party if in its opinion the production or continuation of such
evidence would involve inordinate delay or unnecessary expenses.
(4)
The Tribunal may record such remarks as it thinks material
respecting the demeanor of any witness while under examination.
20.
(1) If, on the date fixed for the hearing of an appeal, or on
any other subsequent date to which the hearing may have been adjourned, the
appellant or his advocate is not present before a Tribunal, the Tribunal may
dismiss the appeal or, if it thinks fit, may proceed to hear the other party
and decide the appeal.
(2)
If, on the date fixed for the hearing of an appeal or on any
subsequent date to which the hearing may have been adjourned, the respondent or
any one or more of the respondent in case there are more than one respondents,
or his or their advocates are not present before the Tribunal, the Tribunal may
hear the appeal ex party against all or any of the respondents who, and whose
advocates, are so absent.
(3)
Where an appeal has been dismissed under sub–rule (1) or
ex–party proceedings have been taken under sub–rule (2), the Tribunal may, on
such order as to costs as it may deem fit, restore the appeal or, as the case
may be, set aside the ex party order or allow the defaulting party to rejoin
the proceedings.
21.
(1) A Tribunal may make such order as to costs of proceedings
before it as it may deem fit and such costs shall be paid out of the cash security
deposited under clause (a) of sub–rule 3 of rule 11.
(2)
If, after deduction of the costs of proceedings under
sub–rule (1), any amount deposited under clause (a) of sub–rule (3) of rule 11
remains unutilized, it shall be returned to the appellant.
22.
A copy of every order of final adjudication on an appeal
shall be furnished by a Tribunal, free of costs, to the competent authority
concerned.
Punjab Estacode 2013
23. Clerical or arithmetical mistakes arising in an order of final adjudication from any accidental slip or omission may, at any time, be corrected by a Tribunal either on its own motion or on an application made by any of the parties:
Provided that every such application shall be duly supported by an affidavit.
*24. If a Tribunal is unable to arrive at a unanimous decision, its decision shall be expressed in terms of the view of the majority.
25.
If any member of a Tribunal, for any reason, is unable to
take part in the proceedings of the Tribunal, other member or members, as the
case may be, may hear of continue to hear the appeal and dispose it of finally.
26.
A casual vacancy in the office of the Chairman or a member of
a Tribunal caused by the absence on leave or otherwise of the Chairman, or as
the case may be, a member may be filled by the Governor for a specified period
by appointment of a person who is qualified to be the Chairman or, as the case
may be, a member of a Tribunal.
27.
A tribunal may issue instructions in regard to supply of
copies to an inspection of record by parties to proceedings before it.
*Substituted vide Notification No. SOR.III (S&GAD) 1-1041-73 dated 08.07.1979.
FORM “A”
REGISTER OF APPEALS
(See Rule 10)
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ANCILLARY
INSTRUCTIONS
THE
No.SOR–III(S&GAD)1–18/74(Pt–II)
Dated the 8th September 1979
Subject:
IMPLEMENTATION OF DECISIONS OF
TRIBUNAL
It has come to the notice of Government that final orders passed by Punjab Service Tribunal on appeals of civil servants have not been implemented in certain cases. According to Punjab Service Tribunal Act, 1974, the Tribunal has the powers of a civil court for the purpose of deciding an appeal of a civil servant in respect of any condition of his service. Appeals against the orders of the Tribunal lie to the Supreme Court. It is, therefore, imperative that the orders of the Tribunal must be implemented if it is not considered a fit case for appeal to the Supreme Court.
2.
The Chief Secretary has desired that the Administrative
Secretaries should ensure that orders of the Tribunal are implemented and a
case report about all orders announced by the Tribunal so far should be
furnished by the Administrative Departments within fourteen days of the receipt
of this letter. In case there are any good grounds for not implementing the
orders, these should be clearly brought out in the report.
3.
Failure to comply with the above instructions would be
reflected in the Annual Confidential Report of officer concerned.
No.SOR–III-1–18/74(Pt–II)
Dated the 12th February 1978
In pursuance of clause (b), Sub–section (3) of Section 3 and
in exercise of the powers conferred by Section 11 of the Punjab Service
Tribunals Act, 1974, the Governor of the
(1)
These rules may be called the Punjab Service Tribunals
(Qualifications of Members) Rules, 1978.
*(2) A Member of the Tribunal shall be a person who is or has been or is eligible for appointment as Secretary to the Provincial Government and has rendered at least 18 years service in posts carrying Basic Pay Scale 17 and above.
*Substituted vide No.SOR-IV(S&GAD) 1-18/74 dated 24.03.1984.
Miscellaneous
THE *
BENEVOLENT FUND ORDINANCE, 1960
(W. P. Ordinance XIV of
1960)
23rd April, 1960
An Ordinance to constitute a Benevolent Fund for relief of Government servants and their families—
Preamble.— WHEREAS, it is expedient to constitute a Benevolent Fund for relief of Government servants and their families in the manner hereinafter appearing;
Now, THEREFORE, in pursuance of the Presidential Proclamation of the seventh day of October, 1958 and in exercise of all powers enabling him in this behalf, the Governor of West Pakistan is pleased to make and promulgate the following Ordinance:–
1.
Short title, extent and commencement.— (1) This Ordinance may be called
the *(
(2)
It shall apply to all Government servants, as hereinafter
defined; provided that Government may, by notification, except **(any class) of Government servants from the operation
of this Ordinance.
(3) It shall come into
force on such date as Government may, by notification appoint.
2.
Definition.— In this Ordinance, unless the context otherwise requires,
the following expressions shall have the meanings hereby respectively
assigned to them, that is to say—
(a)
“family”
in relation to a Government servant means his or her—
i)
Wife
or wives or husband, as the case may be;
ii)
Legitimate children and step children less than twelve years
old;
iii)
Legitimate children and step children not less than twelve
years old, if residing with and wholly dependent upon him or her;
iv)
Parents, sisters and minor brothers, if residing with and
wholly dependent upon him or her.
(b)
“fund”
means the fund constituted under this Ordinance;
(c)
“gazetted Government servant” means a Government servant
holding a post declared to be a gazetted post by Government or any authority
empowered by Government in this behalf;
(d)
“Government”
means the *(Provincial
Government of the
*Substituted by the Punjab Laws (Adaptation) Order, 1974 for “West Pakistan” **Government Servants in Police Department and such Government Servants of Anti-Corruption Department as are contributing towards the Police Welfare Fund, all officers and men of West Pakistan Rangers, Advocate General and Additional Advocate General Punjab, Public Prosecutors, Additional and Assistant Public Prosecutors exempted from the provision of the Ordinance.
(e)
@”Government servant” means:–
i)
a person who is a member of a civil service of the province;
or
ii)
a person who holds any civil post in connection with the
affairs of the province, including a member of the Civil Service of Pakistan
who has opted for the fund, but excluding any other servant of Pakistan;
(f)
“non–gazetted
Government servant” means a Government servant
other than a gazetted Government servant;
(g)
“prescribed” means prescribed by rules made under this
Ordinance.
3.
Fund.— (1) As soon as may be, Government shall constitute a fund
to be known as the * (
(2)
The Fund shall be divided into two parts; Part-1 for gazetted
Government servants and Part-II for non–gazetted Government servants.
(3)
Each part of the Fund shall consist of—
a)
**(compulsory contributions recovered
from) the
Government servants at such rates as Government may, from time to time, prescribe;
b)
Such grants as may, from time to time, be made by Government;
c)
Other contributions and donations;
d)
Income from investments made under this Ordinance.
(4)
The money credited to the Fund shall be held in such custody
as may be prescribed.
4.
Utilization
of the Fund.— The Fund shall
be utilized for—
a)
The
relief of Government servants and their families by—
i)
giving financial assistance to the families of deceased
Government servants;
ii)
giving financial assistance to Government servants invalided
out of service;
iii)
making special grants to Government servants in exceptional
cases;
b)
Defraying expenditure incurred in respect of management of
the Fund.
Explanation— The benefit admissible under this section will be in addition to the pensions, family pension or gratuities awarded under the rules regulating the conditions of service of Government servants.
@Substituted by the West Pakistan Government servant’s Benevolent Fund (Amendment) Ordinance 1962.
*Substituted by the Punjab Laws (Adaptation) Order, 1974 for “
**Substituted by the West Pakistan Government servant’s Benevolent Fund (Amendment) Ordinance 1962 for the words “contributions made by”.
5.
Accounts and Audit.— (1) All contribution ♦(recovered) under clause (a)
of sub–section (3) of Section 3 shall be deducted at the source from the
salaries of the Government servants concerned.
(2) The Accountant General, *(
6.
Constitution and powers of the Boards of Management.— (1) As soon as may be,
Government shall, in such manner as may be prescribed, constitute the following
Boards of Management, namely:–
a)
the
Provincial Board of Management (gazetted);
b)
the Provincial Board of Management (non–gazetted); (and)
c)
a **District
Board of Management for each District; and
d)
♣the
Secretariat Board of Management.
(3)
Subject to such directions as may be issued by Government and
such rules as may be made in this behalf—
(a)
the Provincial Board of Management (gazetted) shall be
responsible for management of Part I of the Fund and shall have the powers to
invest money credited to that part of the Fund and to incur expenditure
therefrom;
(b)
the Provincial Board of Management (non–gazetted) shall be
responsible for management of Part II of the Fund and shall have the powers to
invest moneys credited to that part of the Fund and to make allocations
therefrom to **District Boards of Management;
(c)
a **District Board of Management shall, subject to such directions
as may be issued by the Provincial Board of Management (non–gazetted), deal
with all matters
connected with Part II of the Fund ♥{except in so far as it concerns non–gazetted servants serving or employed in the *(Punjab Secretariat)}, and in particular shall have the power to sanction expenditure from the allocations made to it by that Board;
(d)
♠the Secretariat Board of Management
shall, subject to such
directions as may be issued by the Provincial Board of Management (non–gazetted), deal with Part II of the Fund in so far as it concerns the non–gazetted Government servants serving or employed in the *(Punjab Secretariat), and in particular shall have the power to sanction expenditure from the allocations made to it by that Board.
♦Substituted for the word “made” by the West Pakistan Government servant’s Benevolent Fund (Amendment) Ordinance 1962.
*Substituted by the Punjab Laws
(Adaptation) Order, 1974 for “
**The word “Divisional” substituted with the word “District” by the Punjab Government Servants Benevolent Fund (Amendment) Ordinance, 2001.
♣Added vide West Pakistan Government Servants Benevolent Fund (Amendment) Ordinance, 1969. ♥Inserted ibid.
♠Added vide West Pakistan Ordinance XXIII of 1969.
∗6–A. Power to recover rents and lease–moneys as arrears of land revenue.— Any sum due as rent or lease money in respect of property acquired or constructed by a Board of Management constituted under section 6 and the Management whereof vests in any such Board, if not paid within thirty days of its having become due, may notwithstanding anything contained in any law, decree or order of any court, agreement, deed or instrument, be recovered as arrears of land revenue.
**6–B. Protection of action taken under this ordinance.— No suit, prosecution or other legal proceedings shall be instituted against a Board of Management constituted under section 6 or against any officer or servant of such Board for anything which is in good faith done or intended to be done under this Ordinance or the rules made thereunder.
7. Power to make rules––Government may make rules for bringing into effect the provisions of this Ordinance.
∗Inserted vide West Pakistan Government Servants Benevolent Fund (Amendment) Ordinance, 1969.
**Added vide West Pakistan Ordinance XXIII of 1969.
THE
BENEVOLENT FUND RULES, 1960
In exercise of the powers conferred on him by Section 7 of the Punjab Government Servants Benevolent Fund Ordinance, 1960, the Governor of West Pakistan is pleased to make the following rules namely:–
Short title and commencement –– (1) These rules may be called the Punjab Government Servants Benevolent Fund Rules, 1960.
(2) They shall come into force on the Twenty seventh day of December, 1960.
2. Rate of Contribution–– (1) *In case of employees in grade 1 and above, the rate of contribution to the Fund both for Part I and Part II shall be three per cent of pay rounded to the nearest rupee.
Note–– The revised rate of contribution shall take effect from 01.10.2007.
Note–– For the purpose of this rule “pay” means the amount drawn monthly by a Government Servant as––
i)
the pay, other than Special Pay granted in view of his
personal qualifications, which has been sanctioned for a post held by him
substantively or in officiating capacity or to which he is entitled by reason
of his position in a cadre;
ii)
overseas
pay, technical pay, special pay and personal pay; and
iii)
any other emoluments which may be specially classed as pay by
the competent authority.
3.
Deductions–– Contribution to the Fund shall be made–
i)
In the case of Gazetted Government Servants, by deduction of
the amounts by the Gazetted Government Servant from their pay bills.
ii)
In the case of non–Gazetted Government Servants by deduction
of the amounts by the Drawing Officers from the pay bills of the non–Gazetted
Government Servants.
4.
Contribution by Government Servants transferred to foreign
service–– When
a Government Servant is transferred to foreign service he shall remain subject
to these rules in the same manner as if he was not so transferred, and his
contribution during such period shall be remitted by the employer to the Audit
Officer in whose jurisdiction he was serving immediately before he was so
transferred.
4–A. A member of the Civil Service of Pakistan who has opted for the Fund shall cease to be entitled to the benefits under the Ordinance as soon as he ceases same in the case of death, to hold any post in connection with the affairs of the Province.
5. Head of Account–– The amounts so deducted shall be credited to the minor head “Punjab Government Servants Benevolent Fund” under the major head
*Substituted vide Notification No. BF.674/07 dated 31.12.2007.
“P–Deposits and Advances–E–Reserve Fund”. There shall be two sub–heads under the minor head and sub–head for Part I of the Fund and the other for Part II of the Fund. Separate accounts of the two parts of the Fund in respect of the transactions relating to each audit circle shall be maintained by the respective area audit and accounts offices.
6.
The amount deducted as aforesaid shall be checked by the audit office in
the case if payments made at
7.
Constitution of Board of Management –– (1) The Provincial Board of Management
(Gazetted) shall consist of –
a)
Chief
Secretary to Government of
b)
Additional Chief Secretary to Government of
c)
Member
Consolidation Board of Revenue;
d)
Secretary
to Government of
e)
Secretary
to Government of
f)
Secretary
to Government of
g)
Deputy
Secretary @@(Fund) to Government of
(2)
The Provincial
Board of Management
(Non–Gazetted) shall
consist
of –
(a)
Chief
Secretary to Government of
(b)
Additional Chief Secretary to Government of
(c)
Secretary
to Government of
(d)
Secretary to Government of
(e)
Deputy Secretary @@(Fund) to Government of
(f)
Such Government Servants as Government may from time to time
appoint.
(3)
Each
*District
Board of Management shall consist of–
(a)
The District Coordination Officer of the District (Chairman).
(b)
**Not more than 5 other Government Servants of whom two shall be
appointed by the Chairman in each Board from amongst the non–Gazetted
Government Servants serving in the district while the other members shall be
appointed by Government.
(4)
The
Secretariat Board of Management shall consist of –
(a)
Secretary to Government of
@@Substituted for the word “Welfare” vide Notification No.SOWF.III (S&GAD) 3–8/90, dated 04.09.1990.
*The word “Divisional” wherever occurring was substituted with the word “District” vide Notification No.SOP.IV (S&GAD)2001 (WF), dated 07.12.2001.
**Amended.
(b)
Such other Government Servants not exceeding three in number
as Government may from time to time appoint.
8.
Meeting of the Boards–– (1) Each Board referred to in Rule
7 shall meet for the transaction of business at least once in every
three months and at such other times as its Chairman calls a meeting thereof.
(2)
The
Chairman and any two members of the Board shall form the
quorum.
(3)
Decisions by the Board shall be taken by majority of votes.
In case of equality of votes, the Chairman shall have a second or casting vote.
(4)
The
Chairman may appoint one of the members as Secretary to the
Board.
(5)
All decisions of the Board shall be recorded in a minute
book. The duty for recording of minutes shall be discharged by the Secretary
and in his absence by any other member of the Board as directed by the
Chairman.
(6)
Subject to the general supervision and control of the
Chairman, the Secretary shall be responsible for –
i)
the
conduct of correspondence on behalf of the Board;
ii)
the
maintenance of the records of the Board;
iii)
The
disbursement of money from the Fund;
iv)
The
maintenance of the accounts;
v)
Preparation of the agenda of the meeting of the Board and
giving advance notice of such meetings to the members of the Board;
vi)
Performance of such other functions as may be directed by the
Chairman.
9.
Remuneration–– The Chairman and members of the various Boards referred
to in Rule 7 shall not be entitled to any remuneration or honorarium for
attending meetings of the Boards or performing any other functions as the
Chairman or members of the Board.
10.
Custody of Money –– All moneys constituting the Fund shall be kept in
the Government treasury in the name of the Chairman of the Provincial Board
of Management (Gazetted) or the Provincial Board of Management (Non–Gazetted),
as the case may be.
11.
The Provincial Board of Management (Gazetted) and the
Provincial Board of Management (Non–Gazetted) may invest such money constituting the
Fund as are not required for immediate expenditure in any of the securities
described in section 20 of the Trust Act, 1882, or in real estate, or may place
them in fixed deposit with a Bank approved by Government.
12.
Withdrawals –– (1) Any amount required to be drawn from the
Fund shall be drawn by submitting to the Accountant General bills signed by the
Finance Secretary, in his capacity as member of the Provincial Board of
Management
Punjab Estacode 2013
(Gazetted) or Provincial Board of Management (Non–Gazetted) *(or his nominee) as the case may be. The amount so drawn shall be kept in the National Bank of Pakistan in current account in the name of the Chairman of the Provincial Board concerned and shall be drawn from the Bank on cheques signed by the Chairmen provided that the Chairman may delegate his power of drawl to a member or the secretary of the Board concerned, who shall exercise such powers of drawl in the manner and subject to the conditions prescribed by the Chairman from the allocation made to it by that Board.
(2) Account–The Board concerned shall be informed by the Chairman as regards any delegation of powers made by him under this rule.
13.
Payments –– The amount of the Fund shall be maintained by the account/audit
officer of the area in whose jurisdiction the Government Servant is serving.
The account shall be kept by the Board in the Forms/Registers given in the
Schedule.
14.
The account shall be kept in Pakistan in rupee and all payments from it shall
be made in Pakistani rupee.
15.
Grants –– Individual grants from the Fund shall be drawn by the
person in whose favour such grant is sanctioned on a simple receipt by
quoting therein the number and date of the sanction.
*Added vide Notification No.SOWF.III (S&GAD) 8(1)/79 P–II, dated 08.06.1989.
THE
PART-I (DISBURSEMENT) RULES, 1965
In
exercise of the powers conferred on him by section 7 of the Punjab Government
Servants Benevolent Fund Ordinance, 1960 (Punjab Ordinance XIV of 1960),
the Governor of
1.
These rules may be called the ♦Punjab Government Servants Benevolent
Fund Part-I (Disbursement) Rules, 1965.
(2)
They
shall come into force at once.
2.
In these rules unless the context otherwise requires the
following expressions shall have the meaning hereby respectively assigned to
them, that is to say:
(a)
“Board” means the Provincial Board of Management (Gazetted)
Punjab Government Servants fund as constituted under Section 6 of the Punjab
Government Servants Benevolent Fund Ordinance, 1960.
(b)
“Fund”
means the Punjab Government Servants Benevolent Fund, Part-I
(c)
“Pay” means the amount drawn monthly by a gazetted Government
servant as ––
(i)
the pay, other than special pay granted in view of his
personal qualifications, which has been sanctioned for a post held by him
substantively or in an Officiating capacity or to which he is entitled by
reason of his position in a cadre.
(ii)
Overseas
pay, technical pay, special pay and personal pay; and
(iii)
any other emoluments which may be specially classed as pay by
the competent authority.
@@3. The following grants from the Punjab Government Servants Benevolent Fund, Part-I shall, subject to the provisions of these rules, be admissible to government servants in BPS -16 to 22 (Gazetted) who are subscribers to the Fund or to their families, as the case may be, namely:
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MARRIAGE GRANT |
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For the marriage of each daughter: |
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un–expired period of 15 years from the date of retirement:
♦Substituted vide Notification No. SOWF III (S&GAD) 8 (1)/76 dated 29.04.1986. @@Substituted vide Notification No. SOWF III (S&GAD) 8 (1)/79, dated 09.09.1990.
$In Rule 3, clauses (a), (b), (c) and (d) substituted and a new clause (e) added vide Notification No. SOP-IV(S&GAD)2001(WF) dated 07.06.2002.
*The figures 25,000/- replaced with new figures wherever occurred, vide Notification No. BF-458/2011 dated 13.11.2011.
**The figures 30,000/- replaced with new figures wherever occurred, vide Notification No. BF-458/2011 dated 13.11.2011.
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to the family of a Government |
**Rs. 50,000/– |
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servant who dies while in service |
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with no time limit: |
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to an invalidated retired Government |
**Rs. 50,000/– |
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servant for 15 years from the date of |
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retirement. In case of his/her death, |
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within 15 years of retirement; to |
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the date of retirement:
$$Provided that the application for the grant is made by the applicant within 275 days of the marriage to the parent office which shall be submitted to the concerned Benevolent Fund Board by that office within one year from the date of marriage. Applications received after the prescribed period shall not be entertained.
i)
on the
death of a
Government Rs. 10,000/–
servant.
ii) on the death of a dependent Rs. 10,000/– member of the family of a
Government servant.
$$Provided that the application for the grant shall be made by the applicant within 275 days of the death to the parent office which shall be submitted to the concerned Benevolent Fund Board by that office within one year from the date of death. Applications received after the prescribed period shall not be entertained.
$(c) EDUCATIONAL SCHOLARSHIPS
Primary to Matric level Rs. 05,000/– P.A.
F.A., B.A. and equivalent classes and Rs. 14,000/– P.A.
Diploma classes.
M.A. and equivalent classes, BDS, MBBS, Rs. 16,000/– P.A.
B.Sc. (Engg.), DVM, B.Sc. (Hons.), Agri
B. Pharmacy etc., M. Phil and Ph.D.
(i)
in
case of a retired or in service Government servant:
(a)
grant may be admissible to not more than two children of a
Government servant who has or have passed all the subjects of Matric or
post-Matric examination from a recognized Board of Examination or University
securing at least sixty percent aggregate marks and is or are studying in the
next class in a recognized educational institution;
**The figures 30,000/- replaced with new figures wherever occurred, vide Notification No. BF-458/2011 dated 13.11.2011.
$$Proviso substituted vide Notification No. SO.P-IV(S&GAD)-8-4/2003 (Pt.I) dated 15.11.2003.
$In Rule 3, clauses (a), (b), (c) and (d) substituted and a new clause (e) added vide Notification No. SOP-IV(S&GAD)2001(WF) dated 07.06.2002.
♣Substituted vide Notification No. BF.673/07 dated 25.01.2008.
(b)
if one or more of the children of a Government servant are
studying in a recognized educational institution meant for special children,
then not more than three children shall be eligible for the grant;
(ii)
in case of a Government servant who has died or retired on
grounds of invalidation or incapacitation, the grant may be admissible to not
more than three children;
(iii)
the Provincial Benevolent Fund Board shall each year invite
applications on the prescribed form through publication in the newspaper;
(iv)
the application shall be verified by the head of department
and the head of the educational institution and accompanied by the following
documents:
(a)
computerized national identity card of a Government servant
and/or of the student (if applicable);
(b)
result card, detailed marks sheet, certificates and degree
pertaining to the preceding educational classes;
(c)
certificates of recognition of previous and current education
institution in case of the private educational institution; and
(v)
an application received after the cut off date mentioned in
the advertisement and not verified and supported by the documents mentioned
above shall not be entertained.
@Provided further that every such child who secures at least 90% marks in any examination in Matriculation or above, shall be granted a special scholarship of Rs. 50,000/- per annum in lieu of the scholarship admissible under this clause.
(d) MONTHLY GRANT
BS–16 & 17 Rs. 3,500/– P.M.
BS–18 & 19 Rs. 6,000/– P.M.
BS–20 & above Rs. 8,000/– P.M.
**Eligibility:
(i)
If a Government servant dies while in service his widow shall
get monthly grant for life provided that she does not remarry. If there are
more than one widow grant shall be divided amongst them in equal shares. In the
case of a widower, the grant shall be for a period of 15 years provided that he
does not remarry and does not have another wife at the time of death of his
spouse.
(ii)
If the Government servant is not survived by a widow then the
monthly grant shall be sanctioned in favor of his family members in the
following order of precedence and subject to the conditions as indicated
against each:
Children ♦For a period of 15 years or till the youngest male child attains the
age of 21 years whichever is earlier. In the case of a female child
for 15 years or till her marriage, whichever is earlier.
@New Proviso inserted vide Notification No. BF-458/2011 dated 13.11.2011. **Added vide Notification No. SOWF.III (S&GAD)3-1/93 dated 17.08.1994.
♦Substituted vide Notification No. SO.P-IV(S&GAD)-8-4/2003 (Pt.I) dated 15.11.2003.
Punjab Estacode 2013
Parents For a period of 15 years.
Brothers/ For a period of 15 years or till the youngest attains the age of 21
Sisters years. In the case of a sister till her marriage or the attainment of
the age of 21 years whichever is earlier.
(iii)
If a Government servant dies within fifteen years of the date
of retirement the grant shall be given to his/her family as the case may be in
the following order of precedence subject to the conditions as indicated
against each:
Widow/ For the unexpired period of 15 years from the date of retirement
Widower subject to the condition that widow/widower does not remarry and
the widower does not have another wife at the time of death of his
spouse. If there are more than one widow grant shall be divided
amongst them in equal shares.
Children ∗For the unexpired period of 15 years from the date of retirement
or till the youngest male child attains the age of 21 years
whichever is earlier. In case of a female child for the unexpired
period of 15 years or till her marriage, whichever is earlier.
Parents For the unexpired period of 15 years from the date of retirement.
Brothers/ For the unexpired period of 15 years from the date of retirement or
Sisters till the youngest attains the age of 21 years. In the case of a sister
till her marriage or the attainment of the age of 21 years whichever
is earlier.
(iv)
(a) If a Government servant is invalidated during service,
he/she shall be entitled to a monthly grant for 15 years from the date of
retirement due to invalidation, provided that he/she has been declared invalid
by the concerned Medical Board in category-A on account of loss of Limbs or
complete loss of eye sight or complete
loss of speech or complete deafness or paralysis or complete
lunacy or advanced terminal disease and the concerned B. F.
Board after due inquiry is satisfied that he/she is totally
incapacitated for any gainful employment in future.
(b) In case of death of the invalidated grantee within 15 years of
his retirement the grant shall be admissible to his/her family
members as the case may be, in the following order of precedence
subject to the condition as indicated against each:
Widow/ For the unexpired period of 15 years from the date of retirement
Widower subject to the condition that widow/widower does not remarry and
the widower does not have another wife at the time of death of his
spouse. If there are more than one widow grant shall be divided
amongst them in equal shares;
Children *For the unexpired period of 15 years from the date of retirement
or till the youngest male child attains the age of 21 years
whichever is earlier. In case of a female child for the unexpired
period of 15 years or till her marriage whichever is earlier.
Parents For the unexpired period of 15 years from the date of retirement.
Brothers/ For the unexpired period of 15 years from the date of retirement or
Sisters till the youngest attains the age of 21 years. In case of a sister till
her marriage or attainment of the age of 21 years whichever is
earlier.
∗Substituted vide Notification No. SO.P-IV (S&GAD)-8-4/2003 (Pt.I) dated 15.11.2003.
(v)
Limitations
(1)
A
monthly grant shall be sanctioned:
a)
from the date of death or retirement on the ground of
invalidation as the case may be, if the application is made by the concerned
family member or the invalid retired Government servant within one year of
death or such retirement.
b)
From the date of receipt of application if the application is
made after one year and within 2 years of death or retirement on the ground of
invalidation.
c)
From such date as the Provincial B. F. Board may deem fit, if
the application is made after two years and within five years of death or
retirement on the ground of invalidation and the delay is condoned for the
reasons to be recorded by the said Board.
(2)
Applications received after 5 years of death or retirement on
the ground of invalidation of Govt. Servant, as the case may be, shall be
submitted by the concerned Board after completing all necessary formalities
along with their recommendations to the Provincial Benevolent Fund Board
keeping in view the merit of each individual case according to the
rules/instructions applicable to each case.
Amount equal to last basic pay:
i)
to a Government servant once at the time of superannuation/
retirement on qualifying service/ invalided retirement.
ii)
to
the family of a Government servant who dies during
service which qualifies him/her for pension.
$Note: The revised/new rates of Marriage Grant, Funeral Grant, Monthly Grant and Farewell Grant shall be effective from 01.01.2001, while revised criteria/ new rates for educational scholarship shall be applicable from the academic year 2001-2002.
$Provided that the application for the grant shall be made by the applicant within 275 days of superannuation, retirement on qualifying service, invalid retirement or death during service (which qualifies him/her for pension) to the parent department which shall be submitted to the Provincial Benevolent Fund Board by that office within one year from the date of superannuation/retirement or death of the Government servant concerned. Applications received after the prescribed period shall not be entertained.
$Note: These amendments in rules shall be effective from the date of issuance of Notification and shall be beneficial in
$In Rule 3, clauses (a), (b), (c) and (d) substituted and a new clause (e) added vide Notification No. SOP-IV(S&GAD)2001(WF) dated 07.06.2002.
$In Rule 3, clauses (a), (b), (c) and (d) substituted and a new clause (e) added vide Notification No. SOP-IV(S&GAD)2001(WF) dated 07.06.2002.
cases where marriage, death or retirement occurs on or after the date of Notification. However, in the cases of Monthly Grant, unmarried daughters of deceased Government servants above the age of 21 years shall be entitled to get financial benefit from the date of issuance of Notification although the death or retirement of the concerned Government servants might have occurred before the date of Notification.
4. The Board may in special circumstances and for reasons to be recorded in writing enhance the amount of the grants specified in rule 3.
@@4-A. The Board may introduce scheme for granting loans and advances to Government servants on such terms as it may decide.
5.
(1)
The grants specified in rule 3 shall be sanctioned by the Board.
(2)
In case of urgency, the Chairman of the Board may sanction a
grant under rule 3 or rule 4 provided that the order sanctioning such grant
shall be submitted to the Board as soon as possible for its EX-POST FACTO
approval.
6.
Notwithstanding anything contained in these rules, the Board
may make a special grant to a gazetted Government servant or a member of his
family in case of extreme financial distress which is not occasioned on account
of actions or omissions on the part of the gazetted Government servant himself.
7.
If Government servant has held both gazetted and non-gazetted
posts at different periods of his service, he shall not be entitled to the
benefit of the Funds under the rules the post held by him at the time of his
retirement, or at the time of his death or invalidation during service before
retirement was a gazetted post.
8.
The benefits admissible under these rules to a gazetted
Government servant or his family as the case may be shall become admissible
immediately after the Government servant has made his first contribution to the
Fund.
9.
An application for a grant under these rules, shall be made
to the Chairman of the Board in the form set out in Annexure-A and shall be
submitted by the applicant through the Head of Office of Administrative
Department in which such Government servant was employed at the time of
retirement, or at the time of his death or invalidation during service before
retirement.
*10. A grant in favour of a widow/widower shall be sanctioned subject to the following:-
(a)
a widow/widower does not marry and she or he shall furnish a
no marriage and life certificate every six months to the concerned Benevolent
Fund Board in the form set out in Annexure-B;
@@Inserted vide Notification No. SOW-III (S&GAD) 8-1 (1)/76, dated 20.07.1976 and given effect from 27.11.1974.
*Substituted vide Notification No.BF.673/07, dated 25.01.2008.
(b)
In case the certificate mentioned in clause (a) is not
furnished or a widow or widower remarries during the period of such grant, the
grant shall cease or stop forthwith; and
(c)
a grant ceased or stopped due to non submission of the
certificate may be restored on application of the widow or widower, from the
date of:
(i)
the stoppage of the grant, by the Chairman of the concerned
Benevolent Fund Board, if the application is made within a period of two years
of the stoppage of the grant;
(ii)
the application of restoration, by the Additional Chief
Secretary to the Government, if the application is made within a period of five
years of the stoppage of the grant; and
(iii)
the order of restoration by the Provincial Benevolent Fund
Board if the application is made beyond a period of five years of the stoppage
of the grant.
11.
If a gazetted Government servant quits the Government service
for one reason or the other or is forced to leave Government service, he shall
not be entitled to the refund of the contribution made by him towards the Fund
during the period of his service.
ANNEXURE ‘A’
(See Rule 9)
APPLICATION FOR GRANT
FROM THE
SERVANTS BENEVOLENT FUND PART-I
(1)
Name
of the Government Servant:
(2)
Date
of entry into Government Service:
(3)
Date
of death, invalidation or retirement:
(4)
Total
length of service at the time death, invalidation or retirement
(5)
(a)
Post held at the time of retirement or at the time of death or
invalidation before retirement.
(b)
Whether
such post was Gazetted.
(c)
Whether the Government Servant held such post permanently or
temporarily.
(6)
Last
pay drawn and scale of pay.
(7)
(a)
Details of dependent family members, such as their names, ages,
whether married or unmarried, school or college, where being educated, relationship of each with Government Servants.
(b)
Details of earning family members not included in item (a)
above and their monthly incomes.
(8)
Details
of property left by the Government Servant for his dependents.
(i)
Moveable,
including cash.
(ii)
Immoveable.
(9)
Amount of and date from which pension/gratuity/compensation
has been granted by the Government.
(10)
If
insured, the amount for which insured.
(11)
Total
General Provident Fund Accumulations.
(12)
(i)
Date from which contributing to Benevolent Fund.
(ii)
Total
contribution towards Benevolent Fund.
(13)
Amount
applied for.
(14)
Reasons
for the application with proof, if any.
(15)
In the case of application by a widow, a statement to the
effect that she has not remarried.
I do hereby solemnly affirm and verify that the contents of the above application are true to the best of my knowledge and belief and that I have concealed nothing.
I know that in the event of making a willful misrepresentation or suppression of fact, I shall be liable to criminal prosecution.
Signature and name of applicant ____________________
Son/Daughter/Wife/Widow of _____________________
Address_______________________________________
I certify and attest the details furnished above from the record available in this office: and
(i)
Recommend
————————————
(ii)
Do
not recommend the case for the reasons.
Miscellaneous
Signature and name of the Head of Office (with office seal)______________________
Signature and name of the Head of Administrative Department (with office seal)
____________________________________
ANNEXURE ‘B’
(See Rule 10)
NO MARRIAGE CERTIFICATE
I do hereby solemnly affirm that I Mst./Mr. _________________________
____________Widow/Widower of _________________________________
drawing Rs. __________ (Rupees ______________________________________) per month as grant out of the Punjab Government Servants Benevolent Fund, Part-I have not yet remarried and am still a widow/widower. I, therefore, request that the sanctioned amount of Rs. __________ for the month _________________ may kindly be remitted to me.
Attested ________________________________
Signature with date _______________________
Name in block letters______________________
Widow of ______________________________
THE
In exercise of the powers conferred on him by section 7 of the Punjab Government Servants Benevolent Fund Ordinance, 1960 (Punjab Ordinance XIV of 1960) and in suppression of the Punjab Government Servants Benevolent Fund Part-II (Disbursement) Rules, 1963, the Governor of West Pakistan is pleased to frame the following rules:
1.
(1) These rules may be called the Punjab Government Servants
Benevolent Fund, Part-II (Disbursement) Rules, 1966.
(2)
They
shall come into force at once.
2.
In these rules unless the context otherwise requires, the
following expressions shall have the meaning hereby respectively assigned to
them, that is to say:
(a)
“Controlling Officer” means the officer who, in relation to
the Non–Gazetted Government Servant concerned, exercise the powers of a
controlling officer under the financial rules or in the case of death of such
servant, last exercised such powers;
(b)
“*District
Board” means the District Board of Management constituted under Section 6 of
the Ordinance.
(c)
“Medical Officer” means the Authorized Medical Attendant
within the meaning of the Punjab Government Servants (Medical Attendance)
Rules, 1959, or the medical officer specified under the corresponding other
rules applicable to the Non–Gazetted Government Servants (Medical Attendance)
Rules, 1959, or the medical officer specified under the corresponding other
rules applicable to the Non–Gazetted Government Servant concerned, who has
examined or attended on the Non–Gazetted Government Servant concerned or a
member of his family.
(d)
“Pay” means the amount drawn monthly by a Government Servant
as:–
(i)
the pay which has been sanctioned for a post held by him
substantively or in an officiating capacity or to which he is entitled by
reasons of his position in a cadre.
(ii)
Overseas pay, technical pay, personal pay and special pay
other than special pay granted in view of his personal qualification; and
(iii)
any other emoluments which may specially be classed as pay by
the competent authority.
(e)
“Provincial Board” means the Provincial Board of Management
(Non–Gazetted) constituted under Section 6 of the Ordinance; and
(f)
“Ordinance” means the Punjab Government Servants Benevolent
Fund Ordinance, 1960.
3.
The 1District Board may out of the amounts allocated to it by
the Provincial Board in pursuance of the provisions of Section 6 of the
Ordinance and the
*The word ‘Divisional’ wherever occurring was substituted by the word ‘District’ vide Notification No. SOP.IV (S&GAD) 2001 (WF), dated 07.12.2001
Government Servants Benevolent Fund Rules, 1960, sanction and disburse grants admissible under rule 4 and rule 7.
*4. The following grants from the Punjab Government Servants Benevolent Fund, Part-II, shall, subject to the provisions of these Rules, be admissible to Government Servants in Basic Pay Scale No. 1 to 15 (including BPS–16 Non–Gazetted), who are subscribers to the Fund or to their families as the case may be, namely:-
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MARRIAGE GRANT |
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iii) |
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iv) |
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Servant for 15 years from the date of |
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retirement. In case of his/her death, within 15 years of retirement, to his/her family for the un–expired period of 15 years from the date of retirement.
♦Provided that the application for the grant is made by the applicant within 275 days of the marriage to the parent office which shall be submitted to the concerned Benevolent Fund Board by that office within one year from the date of marriage. Applications received after the prescribed period shall not be entertained.
**(b) FUNERAL GRANT
i)
on the death of a Government Rs. 4,000/– Servant.
ii) on the death of a dependent member Rs. 4,000/–
of the family of a Government
Servant.
iii)
on the death of a Non-Gazetted Rs.4,000/–-Government Servant
after
*Substituted vide Notification No.SOF.III (S&GAD) 8 (1)/76, dated 29.04.1986. **Substituted vide Notification No.SOP.IV (S&GAD) 2001 (WF) Pt–II, dated 07.06.2002.
#The figures 6,000/- replaced with new figures wherever occurred, vide Notification No. BF-458/2011 dated 13.11.2011.
@The figures 8,000/- replaced with new figures wherever occurred, vide Notification No. BF-458/2011 dated 13.11.2011.
@The figures 8,000/- replaced with new figures wherever occurred, vide Notification No. BF-458/2011 dated 13.11.2011.
♦Substituted vide Notification No.SOP.IV (S&GAD) 8–4/2003 (Pt–II), dated 15.11.2003.
Punjab Estacode 2013
retirement
∗Provided that the application for the grant shall be made by the applicant within 275 days of the death to the parent office, which shall be submitted to the concerned Benevolent Fund Board by that office within one year from the date of death. Applications received after the prescribed period shall not be entertained.
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**(c) |
EDUCATIONAL SCHOLARSHIPS |
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Primary to Matric level |
Rs. 1,500/– P.A. |
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F.A., B.A. and equivalent classes and |
Rs.3,000/– P.A. |
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Diploma classes. |
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M.A. & equivalent classes, BDS, |
Rs.6,000/– P.A. |
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MBBS, B.Sc. (Engg.), DVM, B.Sc. |
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(Hons.), Agri etc., M. Phil and Ph.D. |
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(i)
in
case of a retired or in service Government Servant;
(a)
grant may be admissible to not more than two children of a
Government Servant who has or have passed all the subjects of matric or post
matric examination from a recognized Board of Examination or University
securing at least sixty percent aggregate marks and is or are studying in the
next class in a recognized educational institution.
(b)
if one or more of the children of a Government Servant are
studying in a recognized educational institution meant for special children,
then not more than three children shall be eligible for the grant.
(ii)
in case of a Government Servant who has died or retired on
grounds of invalidation or incapacitation, the grant may be admissible to not
more than three children;
(iii)
the Provincial Benevolent Fund Board shall each year invite
applications on the prescribed form through publication in the newspaper;
(iv)
the application shall be verified by the head of department
and the head of the educational institution and accompanied by the following
documents:
(a)
computerized national identity card of a Government Servant
and/or of the student (if applicable);
(b)
result card, detailed marks sheet, certificates and degree
pertaining to the preceding educational classes;
(c)
certificates of recognition of previous and current education
institution in case of the private educational institution; and
(v)
an application received after the cutoff date mentioned in
the advertisement and not verified and supported by the documents mentioned
above shall not be entertained.
∗Substituted vide Notification No.SOP.IV (S&GAD) 8–4/2003 (Pt–II), dated 15.11.2003. **Substituted vide Notification No.SOP.IV (S&GAD) 2001 (WF) Pt–II, dated 07.06.2002. ♥Proviso substituted vide Notification No.BF.673/07, dated 25.01.2008.
Miscellaneous
**Provided further that every such child who secures at least 90% marks in any examination in Matriculation or above, shall be granted a special scholarship of Rs. 50,000/- per annum in lieu of the scholarship admissible under this clause.
(d)
MONTHLY
GRANT
BS–1 to 10 Rs. 1,300/– P.M.
BS–11 to 16 Rs. 1,700/– P.M.
(Non Gazetted)
Note: The revised/new rates of Marriage Grant, Funeral Grant, and Monthly Grant shall be effective from 01.01.2002, while revised criteria/new rates of educational scholarships shall be applicable from the academic year 2001–2002.
(i)
If a Government Servant dies while in service his widow shall
get monthly grant for life provided that she does not remarry. If there are
more than one widow grant shall be divided amongst them in equal shares. In the
case of a widower, the grant shall be for a period of 15 years provided that he
does not remarry and does not have another wife at the time of death of his
spouse.
(ii)
If the Government Servant is not survived by a widow then the
monthly grant shall be sanctioned in favor of his family members in the
following order of precedence and subject to the conditions as indicated
against each:
Children ♦For a period of 15 years or till the youngest male child attains the
age of 21 years whichever is earlier. In the case of a female child
for 15 years or till her marriage, whichever is earlier.
Parents For a period of 15 years.
Brothers/ For a period of 15 years or till the youngest attains the age of 21
Sisters years In the case of a sister till her marriage or the attainment
of the age of 21 years whichever is earlier.
(iii)
If a Government Servant dies within fifteen years of the date
of retirement the grant shall be given to his/her family as the case may be in
the following order of precedence subject to the
conditions as indicated against each:
Widow/ For the unexpired period of 15 years from the date of retirement
Widower subject to the condition that widow/widower does not remarry and
the widower does not have another wife at the time of death of his
spouse.
If there are more than one widow grant shall be divided amongst
them in equal shares.
Children ♦For the unexpired period of 15 years from the date of retirement
or till the youngest male child attains the age of 21 years,
whichever is earlier. In the case of a female child for the un-
expired period of 15 years or till her marriage, whichever is earlier.
** New Proviso inserted vide Notification No. BF-458/2011 dated 13.11.2011.
* Substituted vide Notification No.SOWF.III (S&GAD) 3–1/93 (Pt–II) dated 17.08.1994. ♦Substituted vide Notification No.SO.P-IV (S&GAD) 8–4/2003 (Pt–II) dated 15.11.2003. ♦Substituted vide Notification No.SO.P-IV (S&GAD) 8–4/2003 (Pt–II) dated 15.11.2003.
Punjab Estacode 2013
Parents For the unexpired period of 15 years from the date of retirement.
Brothers/ For the unexpired period of 15 years from the date of retirement or
Sisters till the youngest attains the age of 21 years. In the case of a sister
till her marriage or the attainment of the age of 21 years whichever
is earlier.
(iv)
(a) If a Government Servant is invalidated during service,
he/she shall be entitled to a monthly grant for 15 years from the date of
retirement due to invalidation, provided that he/she has been declared invalid
by the concerned Medical Board in category–A on the account of loss of Limbs or
complete loss of eye sight or complete loss of speech or complete deafness or
paralysis or complete lunacy or advanced terminal disease and the concerned B.
F. Board after due inquiry is satisfied that he/she is totally incapacitated
for any gainful employment in future.
(b) In case of death of the invalidated grantee within 15 years of
his retirement the grant shall be admissible to his/her family
members as the case may be, in the following order of precedence
subject to the condition as indicated against each:
Widow/ For the unexpired period of 15 years from the date of retirement
Widower subject to the condition that widow/widower does not remarry and
the widower does not have another wife at the time of death of his
spouse. If there are more than one widow grant shall be divided
amongst them in equal shares.
Children ♦For the unexpired period of 15 years from the date of retirement
or till the youngest male child attains the age of 21 years,
whichever is earlier. In case of a female child for the un-expired
period of 15 years or till her marriage, whichever is earlier.
Parents For the unexpired period of 15 years from the date of retirement.
Brothers/ For the unexpired period of 15 years from the date of retirement or
Sisters till the youngest attains the age of 21 years. In the case of a sister
till her marriage or attainment of the age of 21 years whichever is
earlier.
(v)
Limitations
(3)
A
monthly grant shall be sanctioned:
a.
from the date of death or retirement on the ground of
invalidation as the case may be, if the application is made by the concerned
family member or the invalid retired Government Servant within one year of
death or such retirement.
b.
From the date of receipt of application if the application is
made after one year and within 2 years of death or retirement on the ground of
invalidation.
c.
From such date as the Provincial B. F. Board may deem fit, if
the application is made after two years and within five years of death or
retirement on the ground of invalidation and the delay is condoned for the
reasons to be recorded by the said Board.
♦Substituted vide Notification No.SO.P-IV (S&GAD) 8–4/2003 (Pt–II) dated 15.11.2003.
Miscellaneous
(4)
Applications received after 5 years of death or retirement on
the ground of invalidation of Government Servant, as the case may be, shall be
submitted by the concerned Board after completing all necessary formalities
along with their recommendations to the Provincial Benevolent Fund Board
keeping in view the merit of each individual case according to the
rules/instructions applicable to each
case.
*Note: These amendments in rules shall be effective from the date of issuance of Notification and shall be beneficial in cases where marriage or death occurs on or after the date of Notification. However, in the cases of Monthly Grant, unmarried daughters of deceased Government Servants above the age of 21 years shall be entitled to get financial benefit from the date of issuance of Notification although the death or retirement of the concerned Government Servants might have occurred before the date of Notification.
**4–A. The Provincial Board or the District Board, as the case may be, may grant advances to Government Servants on such terms as it may decide.
5.
An application for a grant under Rule 4 shall be made in the
form set out in Annexure ‘A’ and shall be presented to the Controlling Officer
alongwith the certificate of the medical officer, where such certificate is
necessary.
6.
(1) Where an application is made to him under Rule 5, if the
Controlling Officer, after taking into consideration the contents of the
application and making such enquiries as he may consider necessary, is
satisfied that the applicant is entitled to a grant under Rule 4, may recommend
to the District Board, the amount to be disbursed or granted to the applicant.
(2)
On receipt of the recommendation of the Controlling Officer
under sub–rule (1), the District Board may, after taking into consideration
such recommendations and making such enquiries (if any) as it may consider
necessary, sanction out of the funds allocated to it under Rule 3, a grant or
payment to the Government Servant concerned or a member of his family in
accordance with the provision of Rule 4.
(3)
The amount sanctioned under sub–rule (2) shall be paid by the
District Board by issuing a cheque in favour of the Government Servant
concerned or a member of his family, as the case may be.
(4)
The District Board shall obtain proper receipts from the
grantee in receipt of all such payments and maintain a record of the same in a
register prescribed under Rule 13 of the Punjab Government Servants Benevolent
Fund Rules, 1960.
7.
(1) Notwithstanding anything contained in these rules, the
District Board may, with the approval of the Provincial Board, make to a
non–gazetted Government Servant or member of his family, in case of extreme
financial distress
*Substituted vide Notification No.SO.P-IV (S&GAD) 8–4/2003 (Pt–II) dated 15.11.2003. **Inserted vide Notification No. SOW-III (S&GAD) 8-1 (1)/76 dated 20.07.1976.
Punjab Estacode 2013
which is not occasioned on account of actions or omissions on the part of the Government Servant himself, any grant not provided for in Rule 4.
(2) The procedure for a grant under this Rule shall be as provided in Rule 5 and 6.
8. Each District Board shall by the tenth of each month, submit to the Provincial Board, a monthly return relating to the last preceding month showing the amount of allocation in hand at the beginning of the last preceding month, the amount of further allocation received, if any, and the disbursement made under Rules 4 and 7 during that month.
**9. A grant in favour of a widow or widower shall be sanctioned subject to the following:
(a)
a widow or widower does not marry and she or he shall furnish
a no marriage and life certificate every six months to the concerned Benevolent
Fund Board in the form set out in Annexure–B;
(b)
In case the certificate mentioned in clause (a) is not
furnished or a widow or widower remarries during the period of such grant, the
grant shall cease or stop forthwith; and
(c)
a grant ceased or stopped due to non submission of the
certificate may be restored on application of the widow or widower, from the
date of:
(i)
the stoppage of the grant, by the Chairman of the concerned
Benevolent Fund Board, if the application is made within a period of two years
of the stoppage of the grant;
(ii)
the application of restoration, by the Additional Chief
Secretary to the Government, if the application is made within a period of five
years of the stoppage of the grant; and
(iii)
the order of restoration by the Provincial Benevolent Fund
Board if the application is made beyond a period of five years of the stoppage
of the grant.
10.
A Non–Gazetted Government Servant who, for any reason
whatsoever quits Government service or is forced to leave Government service
shall not be entitled to the refund of the contributions made by him to the
Fund during the period of his service.
**Substituted vide Notification No.BF.673/07 dated 25.01.2008.
ANNEXURE ‘A’
(See Rule 5)
APPLICATION FOR GRANT
FROM THE
SERVANTS BENEVOLENT FUND
PART-II
(1)
Name
of the Government Servant:
(2)
Date
of entry into Government Service:
(3)
Date
of death, invalidation or retirement:
(4)
Total
length of service at the time death, invalidation or retirement
(5)
(a)
Post held at the time of retirement or at the time of death or
invalidation before retirement.
(b)
Whether
such post was Non-Gazetted.
(c)
Whether the Government Servant held such post permanently or
temporarily.
(6)
Last
pay drawn and scale of pay:
(7)
(a)
Details of dependent family members, such as their names, ages,
whether married or unmarried, school or college, where being educated, relationship of each with Government Servants.
(b)
Details of earning family members not included in item (a)
above and their monthly incomes.
(8)
Details
of property left by the Government Servant for his dependents.
(i)
Moveable,
including cash.
(ii)
Immoveable.
(9)
Amount of and date from which pension/gratuity/compensation
has been granted by the Government.
(10)
If
insured, the amount for which insured.
(11)
Total
General Provident Fund Accumulations.
(12)
(i)
Date from which contributing to Benevolent Fund.
(ii)
Total
contribution towards Benevolent Fund.
(13)
Amount
applied for.
(14)
Reasons
for the application with proof, if any.
(15)
In the case of application by a widow, a statement to the
effect that she has not remarried.
I do hereby solemnly affirm and verify that the
contents of the above
application are true to the best of my knowledge and belief and that I have concealed nothing.
I know that in the event of making a willful misrepresentation or suppression of fact, I shall be liable to criminal prosecution.
Signature and name of applicant ____________________
Son/Daughter/Wife/Widow of _____________________
Address _______________________________________
I certify and attest the details furnished above from the record available in this office: and
(i)
Recommend
————————————
(ii)
Do
not recommend the case for the reasons.
Signature and name of the
Controlling Officer (with office seal)
Punjab Estacode 2013
ANNEXURE ‘B’
(See Rule 9)
NO MARRIAGE CERTIFICATE
I do hereby solemnly affirm that I Mst./Mr. _________________________
____________Widow/Widower of _________________________________
drawing Rs. __________ (Rupees ______________________________________) per month as grant out of the Punjab Government Servants Benevolent Fund, Part-II have not yet remarried and am still a widow/widower. I, therefore, request that the sanctioned amount of Rs. __________ for the month _________________ may kindly be remitted to me.
Signature with date ________________________
Name in block letters_______________________
Widow of ________________________________
Miscellaneous
ANCILLARY
INSTRUCTIONS
THE
BENEVOLENT FUND (DISBURSEMENT) RULES, 1966
Punjab Estacode 2013
No.BF:68/88
Dated the 15th June 1988
Subject: TIME–LIMIT FOR VARIOUS GRANTS
I am directed to refer to the subject noted above and to state that in the West Pakistan Government Servants Benevolent Fund, Part–I (Disbursement) Rules, 1965 and the West Pakistan Government Servants Benevolent Fund, Part–II (Disbursement) Rules, 1966 the following time limits have been prescribed for submission of the application:
1.
MARRIAGE
GRANT:
“Provided
that the application is made within 2 months of the marriage”.
2.
FUNERAL
GRANT:
“Provided that the application is made within 190–days
of the death”;
but it has been clarified as to whom the applications were to be submitted within the above mentioned time limit.
2. The matter was placed before the Board in its meeting held on 30.05.1988 for consideration and decision. It has been decided by the Board that the date for limitation purposes may be taken from the date of receipt of the application with the department in which the applicant is serving.
No.BF:68/88
Dated the 20th September 1989
Subject: GRANT OF EDUCATIONAL SCHOLARSHIP TO 2 CHILDREN OF SERVING GOVERNMENT EMPLOYEES – AMENDMENT IN THE RULES
Kindly refer to the subject noted above.
2.
The subject matter was discussed in the Combined Meeting of
the Provincial Benevolent Fund Board (Part–I/II) held on 04.09.1989 and it was
decided to grant educational scholarships to the two children of in–service
Government Employees as against one at present, from the year 1989–90 under the
relevant rules. Accordingly applications for two children scholarship for the
year 1989–90 for two children of serving Government Employees who obtain at
least 60% marks in the Matric and 55% marks in the Post Matric classes have
been invited vide this office letter No.BF:109/83 dated 07.09.1989.
3.
The decision of the Board is brought to your kind notice for
information and compliance.
No. BF:2/90 (P–I)
Dated the 24th November 1990
Subject: TIME LIMIT FOR VARIOUS GRANTS OUT OF BENEVOLENT FUND
Kindly refer to the subject noted above.
2. In the West Pakistan Government Servants Benevolent Fund, Part–I (Disbursement) Rules, 1965 and the West Pakistan Government Servants Benevolent Fund, Part–II (Disbursement) Rules, 1966 the following time limits have been prescribed for submission of the applications:
1.
MARRIAGE
GRANT:
“Provided that the application is made within 2 months of the marriage.”
2.
FUNERAL
GRANT:
“Provided that the application is made within 190 days of the death.”
3.
It was further clarified in this office letter No. BF–68/88
dated 15.06.1988 that the date for limitation purposes might be taken from the
date of receipt of the application with the department in which the applicant
was serving.
4.
It has been observed that this facility has been misused by
the concerned parent Offices/Departments. Applications for various grants out
of Benevolent Fund are held back for months together by the lower staff and are
forwarded to B.F. Offices after considerable delay.
5.
In order to discourage this tendency of withholding
applications in parent offices/departments, it has been decided that transit
time for applications from parent office to BF Offices may be restricted to 90
days. Therefore, applications for marriage grant and funeral grant should reach
BF Offices within 90 days after the above time limit, indicated in para 1 above
expires.
6.
The maximum time–limit for receipt of applications for grant
of out of Benevolent Fund will henceforth be as follows:
|
Grant |
Days within which |
|
Days within which the |
||
|
|
|
application must be |
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application must reach |
|
|
|
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submitted in the |
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the relevant Benevolent |
|
|
|
|
parent office |
|
Fund office |
|
|
Marriage Grant. |
60 days after marriage |
|
150 days after marriage |
||
|
Funeral Grant. |
190 days after death |
|
280 days after death |
||
7.
Any application received beyond the above time limit should
not be entertained in any case.
8.
The above instructions may kindly be brought into the notice
of all concerned.
B.F.No. 120/86
Dated the 4th November 1990
Subject: MARRIAGE GRANT OUT OF BENEVOLENT FUND ON RE–MARRIAGE OF A DIVORCED/WIDOW DAUGHTER
Kindly refer to the subject noted above.
2.
A working paper was placed before the meeting of the
Provincial BF Board held on 13.10.1990 to the effect whether marriage grant out
of Benevolent Fund could be paid in case of remarriage of a divorcee/widow
daughter of a Government servant.
3.
The Board approved that marriage grant will be admissible on
re–marriage of a divorcee/widow daughter without any condition whether the
marriage grant was received on previous marriage or not.
B.F No.90/69
Dated the 4th November 1990
Subject: GRANT OF MONTHLY AID TO WIDOWS FOR LIFE
Kindly refer to the S&GAD's Notification No. SOWF.III (S&GAD) 8 (1)/79–(Provl.) dated 09.09.1990 regarding amendment in the West Pakistan Government Servants Benevolent Fund Part–I (Disbursement) Rules 1965, as well as Notification of even number and date regarding amendment in the West Pakistan Government Servants Benevolent Fund Part–II (Disbursement) Rules, 1966.
2. It has been decided in the meeting of the Provincial BF Board held on 13.10.1990 that the widows of deceased Government servants will be granted monthly aid out of Benevolent for life subject to the following conditions:
a)
Closed cases where payment has already been stopped after
expiry of authorized sanctioned period will not be reopened. The life grant
facility will thus be admissible only in the cases of widows who are presently
getting monthly aid from the BF and for such cases which would be approved by
the relevant Boards for the grant of monthly aid in future.
b)
The widowers invalided retired Government servants and other
dependents will be entitled to receive monthly grant for a period of 15 years
only or till the age of maturity/dependency, as the case may be.
c)
If a Government servant dies during service or within 15
years after his retirement, his widow shall be entitled till her death to a
monthly grant at the rate already prescribed in this behalf, provided that:
Miscellaneous
in case of widows of retired Government servants the grant will be restricted to the un–expired period of 15 years for widows and would not be for life.
d)
In case of death of a widow, the monthly grant may be
transferred in the name of the dependent minor family member/s up to the age of
maturity or 15 years, whichever is less.
e)
In case where there is no widow the minor dependent family
members as defined in Section 2 (a) of the Punjab Government Servants
Benevolent Fund Ordinance, 1960 shall be eligible for a monthly grant upto a
maximum period of 15 years or the age of maturity whichever is less, provided
that:
‘in case of female minor dependents, the marriage of the individual shall be construed as reaching the age of maturity’
f)
The age of majority noted above in case of dependent minor
family members is determined as 21 years.
2.
In view of the above decisions of the Provincial BF Board it
is clarified that life grant facility is admissible to the widows of only such
Government servants who die while in–service. The widows of retired Government
servants are entitled to monthly grant for the unexpired period of 15 years.
For instance if a Government servant retired on 01.07.1987 and subsequently expired
on 04.07.1989, his widow or the dependent minor children would be entitled
monthly grant w.e.f. 04.07.1989 to 30.06.2002.
3.
Similarly Government servants retired on invalided pension
are also entitled to receive monthly grant for only 15 years. The case where
monthly grant has been sanctioned for life in respect of invalided Government
servants or widows of retired Government servants may be reviewed and sanction
may be revised according to the above instructions/decision.
No.36/86 (P)
Dated the 4th November 1990
Subject: LIMITATION OF TIME FOR SUBMISSION OF APPLICATIONS FOR MONTHLY GRANT
Kindly refer to the subject noted above.
2. The matter regarding submission of applications for the grant of monthly aid out of Benevolent Fund was considered in the meeting of Provincial BF Board held on 13.10.1990. Following decisions were taken for course of action in future:
i)
time limit for submission of application for monthly grant
may be fixed as one year. In case application is received within one
Punjab Estacode 2013
year after death, the monthly grant may be sanctioned with effect from the date of death.
ii)
the Addl. Chief Secretary/Vice Chairman of the Provl. BF
Board may be empowered to grant relaxation for further one year in the
limitation period beyond the original period of one year. In such a case the
monthly grant may be sanctioned w.e.f. the date of application. Application
received in Divisional Boards one year after death would be sent to A.C.S. for
relaxation and would not be dealt with directly by the Divisional Boards.
iii)
if application is received after 2 years of death but within
5 years of the death, the case may be submitted before the Board for
consideration and decision. In such a case monthly grant may be sanctioned
w.e.f. the date of sanction.
iv)
application for monthly grant may not be entertained in any
case if it is received after five years from death.
v)
the above provisions will be applicable with prospective
effect and not retrospective effect.
No.BF.61/76(P)
Dated the 26th November 1990
Subject: GRANT OF MONTHLY AID TO WIDOWS FOR LIFE
Kindly refer to this office Memo No.BF.90/69 dated 04.11.1990 on the subject noted above, wherein it was stated that closed cases where payments had already been stopped after expiry of authorized sanctioned period would not be reopened.
2.
Further to the above policy decision, it has been decided
that the cases which were drawing monthly grant out of BF on 01.01.1990 will
not be treated as closed cases and would automatically be continued for life even
if their sanction period has already expired. However, the cases which stand
closed on or before 31.12.1989 after expiry of 15 years will not be reopened.
3.
Therefore, the widows whose cases for monthly grant were on
going in BF offices on or after 01.01.1990 will continue to receive grant at
the prescribed rates for life.
4.
The
above instructions may kindly be brought to the notice of all concerned.
No.BF.90/69
Dated the 4th November 1990
Subject: GRANT OF MONTHLY AID TO WIDOWS FOR LIFE
Kindly refer to the S&GAD’s Notification No. SOWF.III(S&GAD) 8(1)/79– II(Provl) dated 09.09.1990 regarding amendment in the West Pakistan Government Servants Benevolent Fund Part–I (Disbursement) Rules, 1965 as well as Notification of even number and date regarding amendment in the West Pakistan Government Servants Benevolent Fund Part–II (Disbursement) Rules, 1966.
Miscellaneous
2. It has been decided in the meeting of the Provincial BF Board held on 13.10.1990 that the widows of deceased Government servants will be granted monthly aid out of Benevolent Fund for life subject to he following conditions:
a)
Closed cases where payment has already been stopped after
expiry of authorized sanctioned period will not be re–opened. The life grant
facility will thus be admissible only the cases of widows who are presently
getting monthly aid from the BF and for such cases which would be approved by
the relevant Boards for the grant of monthly aid in future.
b)
The widowers invalided retired Government servants and other
dependents will be entitled to receive monthly grant for a period of 15 years
only or till the age of maturity/dependency, as the case may be.
c)
If a Government servant dies during service or within 15
years after his retirement, his widow shall be entitled till her death to
monthly grant at the rate already prescribed in this behalf, provided that:
In case of widower or retired Government servants the grant will be restricted to the un–expired period of 15 years for widows and would not be for life.
d)
In case of death of a widow, the monthly grant may be
transferred in the name of the dependent minor family member/s upto the age of
maturity or 15 years, which ever is less.
e)
In case where there is no widow the minor dependent family
members as defined in Section 2(a) of the Punjab Government Servants Benevolent
Fund Ordinance, 1960 shall be eligible for a monthly grant upto a maximum
period of 15 years or the age of maturity whichever is less, provided that :
In case of female minor dependents, the marriage of the individual shall be construed as reaching the age of majority.
f)
The age of majority noted above is case of dependent minor
family members is determined as 21 years.
2.
In view of the above decisions of the Provincial BF Board it
is clarified that life grant facility is admissible to the widows of only such
Government servants who die while–in–service. The widows of retired Government
servants are entitled to monthly grant for the unexpired period of 15 years.
For instance if a Government servant retired on 01.07.1987 and subsequently
expired on 04.07.1989 his widow or the dependent minor children would be
entitled to monthly grant w.e.f. 04.07.1989 to 30.06.2002.
Punjab Estacode 2013
No. BF.108/90
Dated 28th November 1990
Subject: GRANT OF MONTHLY AID TO A SIXTY SEVEN YEARS OLD DEPENDENT SISTER
Reference your memo No. BF/BEC–1/4189/M–Aid dated 14.10.1990 on the subject noted above.
2. Under the instructions contained in this office Memo No. BF.90/69 dated 04.11.1990, unmarried sisters beyond the age of 21 years are not entitled to receive monthly grant out of Benevolent Fund.
No.BF. 95/91
Dated the 14th October 1991
Subject: RATIONALIZATION OF INVALIDATION GRANTS FROM
BENEVOLENT FUND
Due to recent increase in rates of monthly grant, there has been a spate of fresh applications for monthly grant on invalidation basis. The reason behind this sudden increase is that, it is now financially lucrative to be invalided from service. In order to curb the above noted tendency it is essential that some firm guidelines may be adopted for rationalizing the approval of invalidation grant from Benevolent Fund. This issue was discussed in detail in the last meeting of the Combined Board held on 07.07.1991 and 29.09.1991 and the following policy guidelines were approved for strict compliance in all future cases pertaining to invalidation grant from Benevolent Fund.
2.
It has been approved that in future, instructions already
issued by Finance Department, Government of Punjab vide their circular letter
No. FD–SR–III–4/1–77 dated 17.01.1977 ( ♦copy enclosed for ease of reference)
would be strictly observed by all invalidation Boards and the disabilities
classified under Class–A only would be deemed to be sufficient for invalidation
grant from Benevolent Fund Account.
3.
In order to avoid any confusion the disabilities noted at
Class–A are further clarified as under:
(1)
LOSS OF A HAND AND A FOOT OR LOSS OF USE OF TOW MORE LIMBS
The two limbs noted in this classification could either be both hands/arms or one foot/leg may be considered for invalidation grant provided the applicant was engaged in actual physical work (e.g. Beldars, Malies and Chowkidars etc.)
(2)
TOTAL
LOSS OF EYE–SIGHT
♦See page 62.
|
Miscellaneous |
|
This disability may be considered
for invalidation only if the loss of eye–sight is total and is not removable
either through operation or through use of glasses. |
|
(3) TOTAL LOSS OF
SPEECH Requires no clarification. |
|
(4) TOTAL DEAFNESS BOTH EARS |
|
This disability should imply that loss of hearing is
total and is not removable either through operation or through use of hearing
aids. |
|
(5) PARALECIA OR HEMIPLEGIA |
|
In paralysis cases it may be
clarified that paralysis should be of a nature which should render the
Government servant concerned totally immobile either at one side of the body
or for the total body. |
|
(6) LUNACY |
|
Lunacy should cover actual cases of
lunatic behavior and as such cases should be considered only if actual commitment
to a Mental Hospital has taken place for a minimum period of one moth in the
past and the competent Board of a |
|
(7) ADVANCED CASES OF TERMINAL DISEASE |
|
Presently some forms of Cancer and AIDS are terminal diseases, as
other disease like bronchitis, asthma and T.B. etc. are now very much
curable. This category should, therefore, cover only such diseases for
invalidation which are terminal. Application under such diseases should also
be accompanied by actual hospitalization record which should clearly indicate
prolonged hospital treatment for the applicant. The minimal hospitalization
period in such cases, before application for grant, should be two months. |
4.
It may once again be clarified that monthly grant out of
Benevolent Fund is admissible if disability is only of “A” category i.e. completely
and permanently incapacitated for further service of any kind. It
implies that an invalided Government servant is unable to perform any duty,
open a shop or private school or business, join any other profession, do
private legal or medical or educational or any professional practice, etc.
Disability under “B & C” categories does not qualify for monthly grant out
of Benevolent Fund.
5.
In addition to above no case for invalidation grant shall be
sanctioned by Divisional Boards unless the applicant is first called for
personal appearance before the full Board meeting of the concerned Divisional
Board.
6.
The above instruction are being issued with the approval of
Combined Board of Provincial Fund for strict compliance in future.
COPY OF FINANCE DEPARTMENT’S LETTER NO.FD–SR–III–4/1–77
DATED THE 17TH JANUARY 1977
Subject: LIBERALIZED PENSION RULES FOR CIVIL SERVANTS
I am
directed to state that in modification of West Pakistan Civil Services Pension
Rules, 1963, the then Government of West Pakistan issued fresh pension rules
and rates in their circular letter No. SO (SR) V–257/67 dated 27th April, 1967. The question of liberalizing the existing
pensionary benefits has been under the consideration of the Government for
sometime past. The Governor of the
2.
(a) Pension shall be calculated at the rate of 70% of the
average emoluments on completion of 30 years qualifying service. Where
qualifying service is less than 30 years, but not less than 10 years,
proportionate reduction in percentage shall be made. Any amount of pension in
excess of Rs.1,000 shall be reduced by 50%. A revised Pension Table regulating
all the four pensions, namely, Compensation Pension, Superannuation Pension,
Invalid Pension and Retiring Pension is enclosed in Annex–I.
(b)
If, for a pensioner with a qualifying service of 30 years or
more, the amount of pension calculated under para, 2(a) above falls short of
the amount of pension (inclusive of dearness increases) that would have been
admissible under the existing rules, or exceeds it by less than Rs.45, the
amount shall be so increased as to make such difference one of Rs.45. Where the
qualifying service is less than 30 years, but not less than 10 years, proportionate
reduction at the rate of Rs.1.50 for each year short of 30 years shall be made
while working out the amount of minimum increase mentioned above.
(c)
The term “average emoluments”, i.e. pensionable pay, shall
also include dearness allowances sanctioned from time to time.
(d)
On the pensions sanctioned under this circular letter such
dearness increases in pensions shall not be admissible as were sanctioned
before 1st February, 1977.
3.
In the case of person retiring after completing more than 5
but less that 10 years, the existing rate of gratuity shall continue. If,
however, retirement is due to invalidation, or if a civil servant dies in
service, the rate shall be 1 ½ months of pay for each completed year of
service.
4.
(a) In the case of person who retires after completing 10
years service or more, a pensioner shall, subject to sub–paras (b) and (c)
below, be allowed to draw full gross pension, i.e. one–fourth of the pension
need not compulsorily be paid in the form of gratuity.
(b)
If a pensioner so whishes, he may, at any time before expiry
of one month from the date of his retirement, ask for gratuity upto 25% of his
gross pension
Miscellaneous
together with the remaining net amount of pension; the gratuity shall be paid at the existing fates.
(e)
The existing provision for commutation of a further 25% of
the gross pension shall continue to be in force; the commutation shall be at
the existing rates. Commutation shall, however, not be subject to medical
certification if it is asked for within one year of the date of retirement.
5.
(a) In the case of death of a civil servant while in service,
gratuity in lieu of one–fourth of the gross pension will be allowed at the
existing rates. In addition, family pension shall be admissible for a period of
10 years at 50% of the gross pension.
(b)
In the case of death within 10 years of retirement, family
pension shall be admissible for the unexpired portion of 10 years at 50% of his
pension (net or gross, as the case may be).
6.
Disability
pension and gratuity shall be allowed at the following scale:
|
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CHILDREN’S PENSION |
|
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Class of |
Pension |
Gratuity |
Child |
Child with |
|
Injury |
|
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without own |
own mother |
|
|
|
|
mother |
living |
|
A. |
20% of pay subject to a |
6 months |
5% of pay, |
2 ½% of pay |
|
|
maximum of Rs.600 and a |
pay |
subject to a |
subject to a |
|
|
minimum of Rs.100 P.M. |
|
maximum of |
maximum of |
|
|
(Note – After death it will |
|
Rs.100 and |
Rs.50 and |
|
|
devolve on the widow) |
|
minimum of |
minimum of |
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Rs.50 per |
Rs. 25 per |
|
|
|
|
child |
child |
|
B. |
15% of pay subject to a |
Nil |
4% of pay, |
2% of pay |
|
|
maximum of Rs.450 and a |
|
subject to a |
subject to a |
|
|
minimum of Rs.75 P.M. |
|
maximum of |
maximum of |
|
|
|
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Rs.80 and a |
Rs.50 and a |
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minimum of |
minimum of |
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Rs.40 per |
Rs.25 per |
|
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child |
child |
|
C. |
15% of pay subject to a |
Nil |
Nil |
Nil |
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maximum of Rs.150 and a |
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minimum of Rs.75 P.M. |
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In case of death these shall be allowed at the following scale: |
|||
|
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20% of pay subject to a |
6 months |
5% of pay |
2 ½ of pay |
|
|
maximum of Rs.600 and a |
pay |
subject to a |
subject to a |
|
|
minimum of Rs.100 P.M. |
|
maximum of |
maximum of |
|
|
|
|
Rs.100 and a |
Rs.50 and a |
|
|
|
|
minimum of |
minimum of |
|
|
|
|
Rs.50 per |
Rs.25 per |
|
|
|
|
child |
child |
Note: As at present, the pensions/gratuities mentioned in this para will be in addition to the pensions and/or gratuities mentioned in paras 4 and 5 above.
Punjab Estacode 2013
The classification of disabilities and the criteria for determining whether these were attributable to service, have been detailed in Annex–II and I am to express the hope that necessary precautions will be taken by all concerned in determining this question.
7.
In the case of pensioners who retired before 1st March, 1972 they shall have the following choice in
recalculating their retirement pensions:
(i)
To have their pensions recalculated on the basis mentioned in
para 2(a) above, on their average emoluments without dearness increases
sanctioned before 1st February,
1977.
Or
(ii)
To receive an increase of 5% (in the case of employees who
retired between 1st July, 1963
and 29th February, 1972) or 12 ½ % (in case of
employees who retired upto 30th
June, 1963) over their existing gross pension plus dearness increase admissible
thereon. For the purpose of these commutations, the average emoluments, as
calculated at the time of retirement, will remain the same. Gratuity will not
be revised or recalculated. Commutation will be allowed on the basis of the
original gross pension.
8.
If the demise of an existing pensioner occurs, or occurred on
or after 1st March, 1972, within ten years of his
retirement, family pension will be admissible for the unexpired portion of ten
years.
9.
Family pensions sanctioned with effect from 1st March, 1972, or later shall continue
as before for a period of ten years after the date on which the death of the
Government servant took place.
10.
The provisions of this circular letter will take effect from
the 1st March 1972, but the financial
benefits shall be paid with effect from the 1st February 1977.
11.
A Government servant seeking the benefits allowed under this
circular letter shall apply to the audit officer who issued his PPO and, while
doing so shall mention the number of his PPO and the name of the treasury at
which he is drawing his pension.
12.
I am to add that the existing rules and general orders on
this subject shall be deemed to have been modified to the extent indicated
above, and necessary amendments shall be notified in the rules in due course.
PART–I
CLASSIFICATION OF DISABILITY
CLASS ‘A’ –
1.
Loss
of hand and foot or loss of use of two more limbs
2.
Total
loss of eye–sight
3.
Total
loss of speech
4.
Total
deafness both ears
5.
Paralegia
or hemiplegia
6.
Lunacy
7.
Very
severe facial disfigurement
Miscellaneous
8.
Advanced
cases of incurable disease
9. Wounds, injuries or
diseases resulting in a disability due to which a person becomes incapacitated
10.
Emasculation
Note: Wounds, injuries or disease of limb resulting in damage of nerves, joints or muscles making the whole of limb useless would mean loss of that limb. Cases in which a partial function is retained will not be included in this class. However, if the partial retention of function does not help in walking in case of leg or does not help in holding an object even with partial efficiency, it should be considered as total loss of function. Those cases will also be included in this class where the earning capacity of the civil servant has been totally impaired due to the invaliding disability.
Class ‘B’ –
1.
Loss
of thumb or at least three fingers of hand.
2.
Partial
loss of one or both feet at or beyond tarsometatarsal joint.
3.
Loss
of vision of one eye/
4.
Loss
of all toes of one or both feet.
Class ‘C’ –
11.
Limited
restriction of movement of joint due to injuries
12.
Disease
of limb restricting performance of duties.
General Note: When the wound, injury or illness causing the disability is not entered in the above Schedule, the disability shall be assessed by the medical board at the classification most closely corresponding to those given above.
PART–II
PRINCIPLES AND PROCEDURE FOR DETERMINING
ATTRIBUTABILITY TO SERVICE OF DISABILITY
(A)
Casualties
due to Wound or Injury –
(1)
It should be established in such cases that the cause of
casualty was the result of duty in service
(2)
Where the injury resulted from the risk inherent in service
attributability will be conceded
(3)
An individual is on duty for 24 hours of the day except when
on leave other than casual leave
(4)
An
individual will be deemed to be in the performance of duty when –
(i)
he
is physically present in his headquarters;
(ii)
he
is traveling on leave at Government expense;
(iii)
when traveling to or from duty (e.g. from residence to place
of duty and back but not whilst he is in his residence);
(iv)
Whilst traveling on duty i.e. where it is established that
but for the duty he would not have been traveling at all.
Punjab Estacode 2013
(5)
Disability resulting from purely personal acts such as
shaving or similar private would not normally be treated as attributable to
service.
No.BF. 65/82
Dated the 3rd October 1993
Subject: RESTORATION OF CASES OF MONTHLY GRANT
Please refer to this office letter No. BF–71/91 dated 04.06.1992 and BF– 150/92 dated 30.05.1992.
2.
The issue of restoration of monthly grant and payment of
arrears where the beneficiaries did not contact Benevolent Fund Board/Bank
authority was considered by the Combined Provincial Board of Management of
Benevolent Fund in its meeting held on 02.09.1993.
3.
It was decided that restoration of the monthly grant and
payment of arrears thereof shall be determined in accordance with the following
procedure:
i)
Where applicants contact the relevant BF Board within 2 years
of the stoppage of their monthly grant, the Chairman of relevant BF Board may,
after due verification, restore monthly grant with effect from the date, of
suspension of monthly grant.
ii)
Where applications for restoration is made to relevant BF
Board after 2 years but before 5 years of the stoppage of monthly grant,
approval for restoration shall be obtained from Additional Chief Secretary. The
monthly grant in such cases will be restored from the date of the receipt of
application.
iii)
If the application for restoration of monthly grant is
received after 5 years of the stoppage of the grant, the approval shall be
obtained from Provincial BF Board and monthly grant will be restored from the
date of the meeting of the Provincial Benevolent Fund Board.
No.BF. 37/86–Part–II
Dated the 27th February 1999
Subject: DELEGATION OF POWER OT DIVISIONAL BF BOARD REGARDING CONDONATION OF DELAY IN CASES OF MONTHLY GRANT
OUT OF BENEVOLENT FUND
Please refer to Clause (v)(1)(c) of Notification No. SOWF.III(S&GAD) 3– 1/93–(Part–II) dated 17.08.1994.
2. The matter regarding condonation of delay on applications of monthly grants submitted by Divisional BF Board was considered in the combined meeting of Provincial BF Board held on 26.01.1999. The Provincial BF Board (Part–II) decided to delegate its power as contained in the Clause referred to above to the Divisional BF Boards. Decision of the Provincial BF Board (Part–II) is as under:
Miscellaneous
“Divisional Benevolent Fund Board shall condone delay on the applications of monthly grants received after 2 years but before 5 years from the date of death or retirement on invalidation, from the date of meeting of the Divisional Benevolent Board.”
The
Employees Welfare Fund
Ordinance, 1969
Miscellaneous
THE *(
Welfare Fund Ordinance, 1969
(W.P.Ord. 1 of 1969)
18th March 1969
An
ordinance to establish a Welfare Fund for the relief and security of the
employees of *(the
Preamble–Whereas,
it is expedient to establish Welfare Fund for the relief and security of the
employees of the *(
And
Whereas the Provincial Assembly of *(the Punjab) is not in session and the Governor
of *(the
Now,
therefore, in exercise of the powers conferred on him by clause (I) of Article
79 of the Constitution, the Governor of *(the
1.
Short title, extent and commencement–(1) This Ordinance may be called the
*(
(2)
It shall apply to all Government servants as hereinafter
defined provided that Government may, by notification exempt any class of
Government servants from the operation of this ordinance.
(3)
It shall come into force on such date as Government may by
notification, appoint in this behalf.
2.
Definition – In this ordinance, unless the context otherwise require, the
following expressions shall have the meanings hereby respectively assigned
to them:
(a)
“family”
in relation to a Government servant means his or her –
i)
wife
or wives or husband, as the case may be;
ii)
legitimate children and step children less than twelve years
old;
iii)
legitimate children and step children not less than twelve
years old, if residing with and wholly dependent upon him or her; and
(iv)
parents, sisters and minor brothers, if residing with and
wholly dependent upon him or her;
(b)
*“Gazetted
Government Servant” means
a Government servant
holding a post in National Pay Scale 16 and above);
(c)
“Government”
means the **(Provincial Government of the
*Substituted for the words “
**Substituted for the words “Government of West Pakistan” vide Punjab Laws (Adaptation) Order, 1974.
(d)
“Government servant” means a person who is a member of a civil
service of the Province of ♣(the Punjab) or who holds any civil
post in connection with the affairs of the province, but does not include a
member of an All–Pakistan Service;
(e)
“non–gazetted Government servant” means a Government servant
other than Gazetted Government servant;
(f)
“Prescribed”
means prescribed by rules made under this Ordinance;
(g)
“rules”
means rule made under this Ordinance;
(h)
“Welfare Fund” means the Welfare fund established under this
Ordinance.
3.
Welfare
Fund – (1) There shall be
established a fund to be called the ***
(
(2)
To
the credit of the Fund shall be placed:
(a)
all contributions received under section 6 from Government
servants;
(b)
the contributions made to the Fund by Government, the
Government servants Benevolent Fund or the Police Welfare Fund; and
(c)
any
interest or profit accruing on such contributions.
(3)
The Welfare Fund shall be divided into two parts; Part–I for
gazetted Government servants and Part–II for non–gazetted Government servants
and each such part shall be maintained and administered separately in
accordance with the provisions of this Ordinance.
(4)
The contribution from gazetted Government servants received
under section 6 shall be credited into Part–I of the Welfare Fund and the
contributions received from non–gazetted Government servants shall be credited
into Part–II of the Fund.
(5)
The moneys credited into the Welfare Fund shall be kept in
such bank or banks as may be prescribed.
(6)
The Welfare Fund shall be utilized for meeting the expenses
on arrangements to be made with an insurance company or other insurer for the
insurance of Government servants.
(7)
any sums remaining in the Welfare Fund after defraying the
expenses referred to in sub–section (6) may be utilized for such benefits to
Government servants and their families as may be prescribed.
4.
Constitutions and powers of the Welfare Board – (1) As soon as may be, Government
shall constitute the following Welfare Boards, namely:
(a)
the
Provincial Welfare Board (Gazetted);
(b)
the
Provincial Welfare Board (Non–Gazetted); and
(c)
a
Divisional Welfare Board for each Division.
♣Substituted for the words “
***Substituted for the words “
Miscellaneous
(2)
Part–I of the Welfare Fund shall vest in the Provincial
Welfare Board (Gazetted), and Part–II of the Welfare Fund shall vest in the
provincial Welfare Board (Non–gazetted), and each of the said Boards shall
administer the part of the Welfare Fund vesting in it in such manner as may be
prescribed.
(3)
Subject to such rules as may be made in this behalf and to
such directions as may be issued by Government, the Provincial Welfare Boards:
(a)
shall from time to time, arrange for the insurance of the
Government servants with which they are concerned in the sums specified in the Schedule
with such insurance company or other insurer as it deems fit;
(b)
shall have the power to sanction expenditure connected with
the administration and management of that part of the Welfare Fund which vests
in them; and
(c)
may do or cause to be done all the things ancillary or
incidental to any of the aforesaid powers or to the purposes of the Welfare
Fund.
(4)
The Divisional Welfare Board shall exercise such powers and
perform such functions in relation to Part–II of the Welfare Fund as may be
prescribed or as may be delegated to them by the Provincial Welfare Board (Non–
Gazetted).
5.
♦(1) The
arrangement to be made with an insurance company or
other insurer under clause (a) of sub–section (3) of section 4 shall be to the effect that on the death *(caused due to any reason other than war, invasion or civil war), of a Government servant of the class specified in column 1 of the Schedule, the sum specified against that class of Government servant in column 2 of the Schedule be paid:
(a)
to such member or members of his family as he may have
nominated for the purpose, in full or in the shares specified by him at the
time of making the nomination; and
(b)
where no valid nomination by the Government servant exists at
the time of his death, the sum assured shall be paid to his family, and in the
absence of a family, to his surviving relatives, if any, in the manner and in
the shares in which the gratuity of deceased Government servant is payable
under the **(West Pakistan) Pension Rules, as in force for
the time being.
♥(2) Where death of a Government servant is caused as a result of war, invasion or civil war, the sum, as specified in column 2 of the Schedule shall be paid by Government in the same manner as is provided in clauses (a) and (b) of sub– section (1).
♦The existing Section 5 was renumbered as sub-section (1) vide the West
Pakistan Government Employees Welfare Fund (
*Inserted vide the West Pakistan Employees Welfare Fund
(Punjab Amendment) Act, 1975. **The
words “
Punjab Estacode 2013
6.
Payment of contribution – (1) Every Government servant shall be
liable to pay to the Welfare Fund as his contribution such sum of money
as may be prescribed, the amount of such contribution shall, as far as
possible, be deducted at the source from his pay and credited or remitted to
the Welfare Fund.
(2)
Where the contribution cannot for any reason be deducted from
the pay of the Government servant, he shall remit to the prescribed officer,
the amount of the contribution payable by him.
(3)
Any contribution remaining unpaid due to inadvertence or
negligence of the Government servant or otherwise shall be recoverable from him
together with interest.
7.
Government may make rules for the purposes of giving effect to all or any of the
provisions of this ordinance.
Miscellaneous
SCHEDULE
(See Sections 4 and 5)
The sums in which various classes of Government servants are to be insured:
___________________________________________________________________
Class of Government servant Sum assured
___________________________________________________________________
|
1 |
2 |
|
|
|
|
Rs. |
|
|
|
7,500.00 |
|
||
|
NPS 5 to 10 |
10,000.00 |
|
|
|
NPS 11 to 15 |
20,000.00 |
|
|
|
NPS 16 to 17 |
30,000.00 |
|
|
|
NPS 18 |
50,000.00 |
|
|
|
NPS 19 |
80,000.00 |
|
|
|
NPS 20 and above |
1,00,000.00 |
|
|
|
|
|
|
|
|
|
|
|
|
*Substituted vide the Punjab Government Employees Welfare Fund (Amendment) Ordinance, 1980 which was given effect from 1st July 1979.
Punjab Estacode 2013
GOVERNMENT OF ♣[WEST PAKISTAN]
FINANCE DEPARTMENT
NOTIFICATION
The 3rd September 1969
No.FD–BI–32(2)/69–
In exercise of the powers conferred by section 7 of the West Pakistan
Punjab Employees Welfare Fund Ordinance, 1969 (West Pakistan Ordinance 1
of 1969), the Government of the West Pakistan Punjab is pleased to make
the following rules, namely:
1.
(1) These rules may be called the West Pakistan Punjab
Government Employees Welfare Fund Rules, 1969.
(2)
They shall be deemed to have come into force on the 19th day of
March,
1969.
2.
In these rules unless the context otherwise requires, the
following expressions shall have the meanings hereby respectively assigned to
them, that is to say:
(a)
“Board” means the Provincial Welfare Board (Gazetted) the
Provincial Welfare Board (Non–Gazetted) or the Divisional Welfare Board, as the
case may be, as constituted under sub–section (1) of section 4 of the
ordinance;
(b)
“Ordinance” means the West Pakistan Punjab Employees
Welfare Fund Ordinance, 1969;
(c)
“Pay” means the amount drawn monthly by a Government servant
as–
i)
the pay which has been sanctioned for a post held by him/her
substantively or in an officiating capacity or to which he/she is entitled by
reason of his/her position in a cadre;
ii)
overseas
pay, technical pay, personal pay and special pay; and
iii)
any other emolument which may specifically be classed as pay
by the competent authority.
3.
Every Government servant under the age of sixty years shall
be assured the sum specified in the Schedule to the Ordinance in respect of the
class to which he belongs.
4.
For the purposes of these rules, and the insurance of
Government servants under the Ordinance:
(a)
A Gazetted Government servant shall be deemed to be as
Class–I Officer, if he is either classified as Class–I Officer by Government or
♣Substituted for the words “
Miscellaneous
an Authority empowered in this behalf by Government or if he has not been so classified, the scale of pay drawn by him is identical with the pay scale of a Class–I Officer. All other Gazetted Government servants in regular employment shall be deemed to be Class–II Officers.
(b)
a non–Gazetted Government servant shall be deemed to be a
Class–III Government servant, if he is either so classified by the Government
or an Authority empowered in this behalf by Government or if he has not been so
classified the scale of pay drawn by him is identical with the pay of a
Class–III Employee. All other non–Gazetted Government servants in regular
employment shall be deemed to be Class–IV Government servants.
*5. Every Government Servant drawing pay in Basic Pay Scale No. 5 and above shall be liable to contribute towards the Welfare Fund per annum a sum of **Rs.3.65 (rupees three and paisa sixty five) per thousand rupees of the sum in which he is insured.
6.
Contribution
to the Welfare Fund shall be made –
(i)
in the case of a Gazetted Government servant by deduction of
the amount of contribution from his/ her pay bill.
(ii)
in the case of a Non–Gazetted Government servant, by
deduction of the amount of contribution by the Drawing Officer from his/her pay
bill.
7.
(1) Where a Government servant is transferred to foreign
service he/she shall continue to be governed by these rules in the same manner
as if he/she was so transferred and his/her contribution to the Welfare Fund
during such period shall be remitted by him/her to the Audit Officer in whose
jurisdiction he/she was serving immediately before he/she was so transferred.
(2) If for any reason contribution to the Welfare Fund has not been deducted from the pay of a Government servant, or paid in the manner provided in sub–rule (1), the same shall, in lump sum, be –
(a)
deducted
from his/her subsequent pay bill; or
(b)
remitted to the Audit Officer in whose jurisdiction he/she
was last serving or to the Head of the Department under whom he/she is serving
and who shall then take action as provided in rule 13.
8.
Notwithstanding the fact that a Government servant may have
at different times belonged to different classes of Government servants, the
assured sum to be paid on his death to the member or members of his family
nominated by him/her in this behalf or the other persons specified in section 5
of Ordinance, shall be the sum specified in the Schedule to the ordinance, in
respect of the class to which he belonged immediately before his death.
*Substituted vide Notification No. SOWF-III(S&GAD) 3
(3)/74 dated 24.12.1984.
**The rate of contribution was reduced to Rs. 3.60 vide circular No. SOWF.III (S&GAD)3-1/87 dated 9th July 1987. See page 85.
Punjab Estacode 2013
9.
If a Government servant, for any reason whatsoever, quits
Government service or is discharged or dismissed from service, or his services
are terminated, he/she shall neither be entitled to any benefit from the
Welfare Fund, nor to any claim for the refund of the contributions made by
him/her towards the said Fund during the period of his/her service.
10.
Within
three months of the coming into force of these rules –
(a)
every Gazetted Government servant below sixty years of age
nominate, in the form set out in Annexure “A” a member of his/her family to
whom he desires the sum assured to be paid in the event of his/her death,
specifying in case the sum assured to be paid to more than one member of
his/her family, the proportion in which such sum is to be paid to them, and
forward the same direct to the Insurance Company concerned, whereupon the
Insurance Company concerned, shall assign a nomination number to him and
furnish a receipt thereof for the record of the Government servant; and
(b)
the Head of Office or the Head of Department concerned shall
obtain from every non–Gazetted Government servant working under him who is
below sixty years of age, two copies of the nomination, in the form set out in
Annexure “A” duly filled in and complete in all respects and place the same in
the service book of the assured person concerned.
11.
Claims under these rules shall become payable only upon
submission by the Head of Office or the Head of Department concerned to the
Insurance Company of –
(i)
a certificate in the form set out in Annexure “B” or “C” as
the case may be certifying the death of the Government servant concerned and
indicated the class of Government servant to which such Government servant
belonged immediately before his/her death;
(ii)
where the deceased was a Non–Gazetted Government servant, one
copy of the nomination form referred to in clause (b) of sub–rule (I) of rule
10; and
(iii)
where no valid nomination under rule 10 subsists in respect
of a Government servant at the time of his death, a certificate specifying the
name of the members of his family, and in the absence of any member of his
family, the names of his surviving relatives to whom the sum assured is payable
under the provision of clause (b) of sub section (1) of section 5 of the
Ordinance, and the shares in which the sum is payable to them.
12.
(1) On receipt of the documents referred to in rule 11, the
Insurance Company concerned shall make immediate arrangements for the payment
of the sum assured, depending on the class to which such assured person
belonged, in the manner provided in section 5 of the Ordinance.
(2)
In case the nominee is a minor, the Government servant shall
nominate one or more person through whom the payment of the share/amount of the
minor shall be paid by the Insurance Company.
(3)
A Government servant may, at any time, cancel a nomination by
sending a notice in writing to the appropriate authority and may also send a
fresh nomination along with such notice.
(4)
If the nomination relates only to a part of the total sum
assured, the part to which it does not relate shall in the event of his/her
death, be distributed in accordance with the provisions of clause (b) of
section 5 of the Ordinance.
13.
(1) All contribution made under these rules shall be credited
into the Welfare Fund in the minor head “West Pakistan Punjab Government
Employees Welfare Fund”.
(2)
There shall be two sub–heads under the minor head referred to
in sub–rule (1) above one sub–head for Part–I of the Fund and the other for
Part–II of the Fund.
14.
The contribution towards the Welfare Fund shall be checked by
the Audit Offices concerned in the case of payments made at
15.
(1) There shall be held at least one meeting of each Board in
every three months period.
(2)
A special meeting of the Board may however, be called by the
Chairman whenever he so considers necessary.
(3)
The Chairman and any two members of the Board shall form the
quorum at the meeting.
(4)
Decisions by the Board shall be taken by majority of votes.
In case of equality of votes, the Chairman shall have a second or casting vote.
(5)
The Chairman may appoint one of the members as Secretary to
the Board.
(6)
All decisions of the Board shall be recorded in writing by
Secretary and in his absence by such other member of the Board as may be
authorized in this behalf by the Chairman.
(7)
Subject to the general supervision and control of the
Chairman, the Secretary shall be responsible for:
i)
the
conduct of correspondence on behalf of the Board;
ii)
the
maintenance of the records of the Board;
iii)
the
disbursement of money from the Fund;
iv)
the
maintenance of the accounts;
v)
preparation of the agenda of the meeting of the Board and
giving advance notice of such meeting to the members of the Board;
Punjab Estacode 2013
vi)
performance of such other functions as may be specified by
the Chairman.
16.
The Board may make to a Government servant, who has retired
from service or has completed the age of sixty years, such grants out of the
Welfare Fund, not exceeding rupees two thousands as it may consider appropriate
or feasible.
17.
Members of the Provincial Welfare Board (Gazetted),
Provincial Welfare Board (Non–Gazetted) and Divisional Welfare Board shall not
be entitled to any remuneration.
18.
All moneys credited into the Welfare Fund shall be kept in
the Government treasury in the name of the Chairman of the Provincial Welfare
Board (Gazetted) and the Provincial Welfare Board (Non–Gazetted), as the case
may be.
19.
Any amount required to be drawn from the Welfare Fund shall
be drawn by submitting to the Accountant–General, West Pakistan Punjab
bills which shall be signed by the Chairman of the Provincial Welfare Board
(Gazetted) or the Provincial Welfare Board (Non–Gazetted), as the case may be,
Provided that if the amount, to be drawn exceeds one lack of rupees, the cheque
shall be signed by the Chairman and another member of the Board.
20.
The account of the contributions made to the Funds shall be
maintained by the Audit Officer of the area in whose jurisdiction the
Government servant is serving.
21.
The account of the Welfare Fund shall be kept in rupees and all
payments from it shall be made in rupees.
Miscellaneous
ANNEXURE “A”
FORM OF NOMINATION
I, _________________ son/daughter/wife of _________________the _________
Department of Government of the Punjab hereby nominate the person/persons mentioned below, who is/are member/members of my family as defined in the Government of the Punjab Employees Welfare Fund Rules, 1969 to receive the assured sum in the event of my death under the Group Term Life Insurance Scheme:
________________________________________________________________
|
Name and |
Relationship Age Proportion of |
If the nominee |
|
address |
the amount to |
is minor, name |
|
of |
be paid |
of the person or |
|
Nominee |
|
persons to whom |
|
|
|
payments to be |
|
|
|
made on his/her |
|
|
|
behalf |
________________________________________________________________
Dated the ___________________day of________________20 ___
Attested by
Signature and Seal
_________________
_________________
Signature of Subscriber
Seal of Office
___________________________________________________________________
The Signature of the subscriber should be attested by Class–I officer who should affix his seal of office below his signature.
ANNEXURE “B”
(GAZETTED)
GOVERNMENT OF THE
_________________DEPARTMENT/OFFICE
Dated _______________
To
__________________________
(Address of the Insurance Co.)
Dear Sirs,
Claim No._______________________________________________
GROUP INSURANCE SCHEME FOR THE
EMPLOYEES OF THE GOVERNMENT OF THE
With reference to the above noted Scheme, I have to report that Mr/Mrs/Miss_________________ who was working as ___________________
Aged _____________Years, died on________________due to _________________
(state age at death) (state age at death) (cause of death)
It is, therefore, requested that the payment of Rs._____
(Rupees____________ only, the amount for which the deceased was covered, may be made in favour of the nominee/nominees.
It is hereby certified:
(1)
That
the necessary premium has been paid.
(2)
That at
the time of
the death the
deceases was a
class
_________employee.
(3)
That
the deceased was getting the pay in BS. No._________
(4)
The deceased died during service in case of retirement, exact
date of retirement________________________
Yours faithfully,
Head of Office/Department
(with official seal)
Miscellaneous
ANNEXURE “C”
(NON–GAZETTED)
GOVERNMENT OF THE
_________________DEPARTMENT/OFFICE
Dated _______________
To
__________________________
(Address of the Insurance Co.)
Dear Sirs,
Claim No._______________________________________________
GROUP INSURANCE SCHEME FOR THE
EMPLOYEES OF THE GOVERNMENT OF THE
With reference to the above noted Scheme, I have to report that Mr/Mrs/Miss_________________ who was working as ___________________
Aged _____________Years, died on________________due to _________________
(state age at death) (state age at death) (cause of death)
It is, therefore, requested that the payment of Rs._____
(Rupees____________ only, the amount for which the deceased was covered, may be made to the nominee/nominees. A copy of nomination from his/her service record is enclosed.
It is hereby certified:
(1)
That
the necessary premium has been paid.
(2)
That at
the time of
the death the
deceases was a
class
_________employee.
(3)
That
the deceased was getting the pay in BS. No._________
(4)
The deceased died during service in case of retirement, exact
date of retirement________________________
Yours faithfully,
Head of Office/Department
(with official seal)
ANCILLARY
INSTRUCTIONS
THE
WELFARE FUND RULES, 1969
NO.SOF III (S&GAD)3–3/74
Dated the 13th August 1979
Subject: REVISION OF SUM ASSURED UNDER GROUP INSURANCE SCHEME AND BENEVOLENT FUND CONTRIBUTION
For sometime past revision of sum assured under Group Insurance Scheme and other benefits have been under the consideration of the Government. Finally on the recommendation of a high level Committee, the Governor has been pleased to approve of the following:
GROUP INSURANCE SCHEME
(A)
(i) Sums assured of different categories of Government
Servants have been increased as under:
____________________________________________________________
|
Category of Govt. |
Sum |
Annual premium |
|
Servants |
Assured |
(Rs.3.00 per thousand |
|
|
|
per annum. |
____________________________________________________________
|
NPS 1 to 4 |
7,500.00 |
22.50 |
|
NPS 5 to 10 |
10,000.00 |
30.00 |
|
NPS 11 to 15 |
20,000.00 |
60.00 |
|
NPS 16 to 17 |
30,000.00 |
90.00 |
|
NPS 18 |
50,000.00 |
150.00 |
|
NPS 19 |
80,000.00 |
240.00 |
|
NPS 20 and above |
1,00,000.00 |
300.00 |
(ii)
The premium of Government servants in NPS 1 to 4 shall be
contributed by the Government and remaining categories of Government servants
shall pay their premium at three rupees per thousand per annum.
iii)
Re–employed Government servants shall also be covered by
Group Insurance scheme up to the age of 62 years on regular payment of premium
according to their category.
BENEVOLENT FUND
(B)
(i) Monthly aid to widow children is increased from Rs.300/–
per month to Rs.500/– per month under Part–I (Gazetted).
(ii)
Monthly aid to widow children is increased from Rs.150/– to
Rs.250/– per month under Part–II (Non–Gazetted).
(iii)
The benefits of marriage grant are extended to retired
deceased Government servants subject to the condition that the grant will be
admissible to two daughters only at the rate of Rs.500/– each.
Punjab Estacode 2013
(iv)
In order to meet the increase in expenditure the rate of
contribution from Government servants is increased from 1% to 2% in case of
Government employees in Grade 5 and above. The rate of contribution in case of
employees in NPS–1 to 4 remain un–changed and they will continue to contribute
at 1 % of their pay.
2.
The Punjab Employees Welfare Fund Ordinance 1969 and the
Punjab Government Servants Benevolent Fund Ordinance 1960 and rules made
hereunder are being amended simultaneously.
3.
New
rates will be effective from 1st July 1979.
NO.SOWF.III(S&GAD)3–3/74.
Dated the 23rd August 1984
Subject: RATE OR PREMIUM IN RESPECT OF GROUP TERM INSURANCE SCHEME
I am directed to refer to this Department's circular letter of even number, dated 13.08.1979 relating to the subject noted above and to state that the rate of premium for Group Insurance Scheme, which was fixed at Rs. 3/– per thousand sum assured per annum on 01.07.1979 has now been increased and fixed at Rs. 3.65 per thousand sum assured per annum with effect from 01.07.1984.
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2. |
The annual and monthly rates of premia for different categories of employees |
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with effect from 01.07.1984 will be as under: |
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_________________________________________________ |
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Category of |
Sum |
Annual |
Monthly |
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Govt. Servants |
Assured |
premia |
deduction |
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_________________________________________________ |
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|
BS 1 to 4 |
7,500.00 |
27.37 |
2.28 |
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BS t to 10 |
10,000.00 |
36.50 |
3.04 |
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BS 11 to 15 |
20,000.00 |
73.00 |
6.08 |
|
|
BS 16 to 17 |
30,000.00 |
109.50 |
9.12 |
|
|
BS 18 |
50,000.00 |
182.50 |
15.20 |
|
|
BS 19 |
80,000.00 |
292.00 |
24.33 |
|
|
BS 20 & above |
100,000.00 |
365.00 |
30.41 |
3.
The balance of premia that may remain unpaid at the above
monthly deduction may all be paid and adjusted in the last month of the year.
4.
The premium of the employees in BS–1 to 4 shall be paid by
the Government as usual.
5.
You are requested to issue instructions to all Drawing and
Disbursing Officers of your Department to ensure that, while passing the pay
bills of the employees working under them, deduction of Group Insurance Premia
is made according to new rates.
Miscellaneous
6. The
NO.SOWF.III(S&GAD)3–1/87
Dated the 9th July 1987
Subject: RATE OR PREMIUM IN RESPECT OF GROUP TERM INSURANCE SCHEME
I am directed to refer to this Department's circular letter No. SOWF.III (S&GAD)3–3/74, dated 23.08.1984 relating to the subject noted above and to state that the rate of premium for Group Insurance Scheme, which was fixed at Rs. 3.65 per thousand sum assured per annum on 01.07.1984 has now been decreased and fixed at Rs. 3.60 per thousand sum assured per annum with effect from 01.07.1987.
2. The annual and monthly rates of premia for different categories of employees w.e.f 01.07.1987 will be as under:
___________________________________________________________________
|
Category of |
Sum |
Annual |
Monthly |
|
Govt. Servants. |
Assured |
premia |
deduction |
___________________________________________________________________
|
BS 1 to 4 |
7,500.00 |
27.00 |
2.25 |
|
BS 5 to 10 |
10,000.00 |
36.00 |
3.00 |
|
BS 11 to 15 |
20,000.00 |
72.00 |
6.00 |
|
BS 16 to 17 |
30,000.00 |
108.00 |
9.00 |
|
BS 18 |
50,000.00 |
180.00 |
15.00 |
|
BS 19 |
80,000.00 |
288.00 |
24.00 |
|
BS 20 & above |
100,000.00 |
360.00 |
30.00 |
3.
The premium of the employees in BS–1 to 4 shall be paid by
the Government as usual.
4.
You are requested to issue instructions to all Drawing and
Disbursing Officers of your Department to ensure that, while passing the pay
bills of the employees working under them, deduction of Group Insurance Premia
is made according to new rates.
5.
The Punjab Government Employees Welfare Fund Rules, 1969 are
being amended separately to the extent of modification in the rate of premium.
NO.SOWF.III(S&GAD)3(2)72
Dated the 20th August 1990
Subject: FEDERAL INSURANCE FEE
I am directed to refer to the subject noted above.
2. As notified in the Finance Act, 1989 (V of 1989) (copy enclosed) the Federal Government has levied, the Federal Insurance Fee to be charged from all the Government employees at the rate of 1% of the premium paid on all types of
Punjab Estacode 2013
insurance. Accordingly the Provincial Government has decided to levy the Federal Insurance Fee from their employees w.e.f. 01.07.1989 at the rate of 1%.
3. Government is paying premium of Group Insurance for its employees in BS– 1 to BS–4, therefore, deductions of Federal Insurance Fee from their pay bill will not be needed. However, the deduction of Federal Insurance Fee will be made from the pay bills of the employees in BS–5 and above on the total Group Insurance premium paid during 12th Calendar month at the rate of 1% in the month of June paid in July. This may kindly be notified to all Government Servants in BS–5 and above for information.
NO. SOWF.III(S&GAD)3–8/90
Dated the 25th November 1990
Notification
In exercise
of the powers conferred on him under Section 4 (1) of the Punjab Government
Employees Welfare Fund Ordinance, 1969 (1 of 1969) and in supersession of the
Government of West Pakistan Punjab Finance Department’s Notification No. BI–32
(3)/69, dated 19th March 1990, the Governor of the
a)
PROVINCIAL
WELFARE BOARD (GAZETTED)
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1. |
Secretary to Govt.
of the |
Chairman |
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Finance Department |
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2. |
Secretary to Govt.
of the |
Member |
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Law & Parliamentary Affairs Deptt. |
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3. |
Addl. Secretary (Budget), Govt. of the |
Member |
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Punjab Finance Department. |
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4. |
Economic Advisor (BF).Deputy |
Member/ |
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Secretary (Fund), S&GAD. |
Secretary |
b)
PROVINCIAL
WELFARE BOARD (NON–GAZETTED)
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1. |
Secretary to Govt.
of the |
Chairman |
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Finance Department |
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Secretary to Govt.
of the |
Member |
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Law & Parliamentary Affairs Department |
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3. |
Addl. Secretary (Budget), Govt. of the |
Member |
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Economic Advisor (BF).Deputy |
Member/ |
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Secretary (Fund), S&GAD. |
Secretary |
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Miscellaneous
NO. SOWF.III(S&GAD)6–1/96 (P)Enh–85
Dated the 28th January 1997
Subject: ENHANCEMENT OF SUM ASSURED IN RESPECT OF GROUP TERM INSURANCE SCHEME AND COVERAGE FOR FIVE YEARS AFTER RETIREMENT OF GOVERNMENT SERVANT
I am directed to state that the Punjab Government Employees Welfare Funds Ordinance has been amended vide Government of Punjab Law and Parliamentary Affairs Department Notification No. Legis.3(v)97 dated 22nd January 1997 with effect from 01.09.1996.
2.
Apart from the enhancement of the sum assured the coverage
shall also be extended to five years after retirement of Government Servant
without requiring the retired Government servant to pay premium after his
retirement.
3.
The revised sum assured annual and monthly rates of premium
for different categories of employees shall be as follows with effect from 01.09.1996.
|
BPS |
Sum Assured |
Annual Premium |
Monthly Premium |
|
1–4 |
Rs. 30000 |
Rs. 109.50 |
Rs. 9.13 |
|
5–10 |
Rs. 35000 |
Rs. 127.75 |
Rs. 10.65 |
|
11–15 |
Rs. 60000 |
Rs. 219.50 |
Rs. 18.25 |
|
16 |
Rs. 90000 |
Rs. 328.00 |
Rs. 27.38 |
|
17 |
Rs. 120000 |
Rs. 438.00 |
Rs. 36.50 |
|
18 |
Rs. 175000 |
Rs. 638.00 |
Rs. 53.22 |
|
19 |
Rs. 210000 |
Rs. 766.50 |
Rs. 63.87 |
|
20 |
Rs. 250000 |
Rs. 912.50 |
Rs. 76.04 |
As regards the Government Employees in BS–1–4 the premium of Rs. 2.28 per employees per month will be paid by the Government and the balance of premium of Rs. 6.85 per month shall be deducted form their monthly salary.
4.
You are requested to issue instructions to all drawing and
disbursing officers of your Department to ensure that while passing the pay
bill of the employees working under them deduction of Group Insurance premium
is made according to new rates with effect from 01.09.1996. The arrears of
balance premium for the period for the month of September 1996 to January 1997
may be deducted in installments within next three months.
5.
The Department Heads are requested to ensure that apart from
the cases of death during service claim of retired Government Servants may also
be lodged with State Life Insurance Corporation of
Punjab Estacode 2013
NO. SOWF.III(S&GAD)6–1/96 (P)Enh–86
Dated the 28th January 1997
Subject: AMENDMENT OF SECTION 5 OF ORDINANCE 1 OF 1969
I am directed to state that the Punjab Government Employees Welfare Funds Ordinance 1969 has been amended vide Government of Punjab Law and Parliamentary Affairs Department Notification No. Legis.3(xiv)/96 dated 06.11.1996 with effect from 06.11.1996.
2.
According to this amendment if a Government Servant dies
without having a valid nomination for Group Insurance and without being
survived by any family member of surviving relative, the amount of his/her
Group Insurance will be paid to his legal heirs i.e. to the person/s in whose
favour the succession certificate is issued by the competent court of law.
3.
You are requested to issue instruction conveying this
amendment to all the offices of your department.
NO. AS (Funds) S&GAD (G.I)–1/2002
Dated the 5th October 2002
Subject: ENHANCEMENT OF SUM ASSURED IN RESPECT OF GROUP TERM INSURANCE SCHEME AND COVERAGE FOR FIVE YEARS AFTER RETIREMENT
I am directed to state that the Punjab Government Employees Welfare Funds Ordinance has been amended vide Government of Punjab Law and Parliamentary Affairs Department Notification No. Legis.13–22/91 dated 23rd September 2002 with effect from 01.07.2002.
2.
Apart from the enhancement of the sum assured the coverage
shall continue to remain extended to five years after retirement of Government
Servant without requiring them to pay premium after retirement. The Government
Servants retiring on or after 01.07.2002 shall be covered for the revised
enhanced sums, while Government Servants who retired on or before 30.06.2002
shall be covered for the previous sums assured.
3.
With effect from 01.07.2002 the annual and monthly rates of
premium for the revised assured sums, in respect of different categories of
employees of the Punjab Government shall be as follows:
|
BPS |
Sum Assured |
Annual Premium |
Monthly Premium |
|
1–4 |
Rs. 120000 |
Rs. 450 |
Rs. 37.50 |
|
5–10 |
Rs. 140000 |
Rs. 525 |
Rs. 43.75 |
|
11–15 |
Rs. 240000 |
Rs. 900 |
Rs. 75.00 |
|
16 |
Rs. 360000 |
Rs. 1350 |
Rs. 112.50 |
|
17 |
Rs. 480000 |
Rs. 1800 |
Rs. 150.00 |
|
18 |
Rs. 700000 |
Rs. 2625 |
Rs. 218.75 |
|
19 |
Rs. 840000 |
Rs. 3150 |
Rs. 262.50 |
|
20 & above |
Rs. 1000000 |
Rs. 3750 |
Rs. 312.50 |
Miscellaneous
As regards the Government Employees in BS–1–4, 1/4th of total premium (i.e. Rs. 9.37 per employee per month) will be paid by the Government and the balance of premium of Rs. 28.13 per month shall be deducted form their monthly salaries.
4.
You are requested to issue instructions to all drawing and
disbursing officers of your Department to ensure that while passing the pay
bills of the employees working under them deduction of Group Insurance premium
is made according to new rates with effect from 01.07.2002. The arrears of
balance premium from the month of July, 2002 to September, 2002 may be deducted
in installments within next four months.
5.
The Department Heads are requested to ensure that apart from
the cases of death during service, claim of retired Government Servants may
also be lodged with State Life Insurance Corporation of
NO. Secy (Funds) S&GAD/GI/1–2/2008
Dated the 6th February 2008
Subject: ENHANCEMENT OF SUM ASSURED IN RESPECT OF GROUP TERM INSURANCE SCHEME AND COVERAGE FOR FIVE YEARS AFTER RETIREMENT
I am directed to state that the Punjab Government Employees Welfare Fund Ordinance has been amended vide Government of Punjab Law and Parliamentary Affairs Department Notification No. Legis.13–73/2007 dated 17.11.2007 with effect from 01.07.2007.
2.
Apart from the enhancement of the sum assured the coverage
shall continue to remain extended to five years after retirement of Government
Servant without requiring them to pay premium after retirement. The Government
Servants retiring on or after 01.07.2007 shall be covered for the revised
enhanced sums, while Government Servants who retired on or before 30.06.2007
shall be covered for the previous sums assured.
3.
With effect from 01.07.2007 the annual and monthly rates of
premium for the revised assured sums, in respect of different categories of
employees of the Punjab Government shall be as follows:
|
BPS |
Sum Assured |
Annual Premium |
Monthly Premium |
|
1–4 |
Rs. 1,50,000 |
Rs. 719.00 |
Rs. 60.00 |
|
5–10 |
Rs. 1,75,000 |
Rs. 838.00 |
Rs. 70.00 |
|
11–15 |
Rs. 3,00,000 |
Rs. 1437.00 |
Rs. 120.00 |
|
16 |
Rs. 4,50,000 |
Rs. 2156.00 |
Rs. 180.00 |
|
17 |
Rs. 6,00,000 |
Rs. 2874.00 |
Rs. 240.00 |
|
18 |
Rs. 8,75,0000 |
Rs. 4191.00 |
Rs. 349.00 |
|
19 |
Rs. 10,50,000 |
Rs. 5030.00 |
Rs. 419.00 |
|
20 & above |
Rs. 12,50,000 |
Rs. 5988.00 |
Rs. 499.00 |
Punjab Estacode 2013
As regards Government Employees in BS–1–4, 1/4th of total premium (i.e. Rs. 15.00 per employee per month) will be paid by the Government and the balance premium of Rs. 45.00 per month shall be deducted form their monthly salaries.
4.
You are requested to issue instructions to all drawing and
disbursing officers of your Department to ensure that while passing the pay
bills of the employees working under them deduction of Group Insurance premium
is made according to new rates with effect from 01.07.2007. The arrears of
balance premium from the month of July, 2007 to January, 2008 may be deducted
in 05 installments.
5.
The Department Heads are requested to ensure that apart from
the cases of death during service, claim of retired Government Servants may
also be lodged with State Life Insurance Corporation of
Commission Ordinance, 1978
GOVERNMENT OF THE
LAW DEPARTMENT
No. Legis:3(II)/78
Dated the 18th January 1978
The
following Ordinance promulgated by the Governor of the
THE
ORDINANCE, 1978
AN
ORDINANCE
to repeal and, with certain modifications, re–enact the Punjab Public Service Commission Act, 1974.
Preamble.–
WHEREAS it is expedient to repeal and, with certain modifications, re–enact the Punjab Public Service Commission Act, 1974;
AND
WHEREAS the Governor of the
NOW,
THEREFORE, in pursuance of the proclamation of the fifth day of July, 1977,
read with the Laws (Continuance in force) Order, 1977 (CMLA Order No. 1 of
1977), the Governor of the
Short Title and Commencement.–
1. (1) This Ordinance may be called the Punjab Public Service Commission Ordinance, 1978.
(2)
It
shall come into force at once.
Definitions.–
2. In this Ordinance, unless there is anything repugnant in the subject or context:
(a)
“Commission”
means the Punjab Public Service Commission;
(b)
“Member” means a member of the Commission and includes the
Chairman thereof; and
(c)
“Service of Pakistan” means the Service of Pakistan as
defined in the Constitution of Islamic Republic of Pakistan.
∗Composition of the Commission etc.–
3. (1) There shall be a Commission consisting of a Chairman and such number of members as the Governor may determine.
(2)
The Governor shall appoint the Chairman and the members of
the Commission but no person who is sixty-five years of age or above and no
serving Government servant shall be so appointed.
(3)
The Government shall determine the terms and conditions of
service of the members but the Government shall not, during the term of office
of a member, vary salary, allowances and privileges to the disadvantage of the
member.
(4)
The
Commission shall have–
(a)
not less than one-half of the members who have held office in
the service of
(b)
at
least one Member each from–
(i)
retired
judges of the superior judiciary;
(ii)
retired
officers not below the rank of Major General or
equivalent of the Armed Forces;
**(iii) women from public or private sector possessing such qualification and experience as the Government may, by rules, prescribe; and
(iv)
retired professionals in basic scale 20 or above of the
Government with not less than fifteen years experience in the filed of
engineering, agriculture, education, medicine or dentistry, forensics,
environment, information technology, law or any other professional filed.
(5)
No proceedings or act of the Commission shall be invalid
merely on the ground of existence of any vacancy or defect in the constitution
of the Commission.
4.
***(1) A member shall be appointed for a term of three
years and shall not
be eligible for reappointment but a member may be appointed as the Chairman for the residual period of the term; provided that the residual period of the member is not less than six months.
(2) Notwithstanding anything contained in sub-section (1), a member shall cease to hold office on completion of his term or on attaining the age of sixty-five years, which ever is earlier.
∗Substituted vide Notification No. Legis-2(110)/2011/543 dated 11.02.2012.
**Paragraph (iii) substituted vide Notification No. PAP-Legis-2(157)/2012/820 dated 14.01.2013 (previous version is available at page 98).
uSubstituted vide Notification No. Legis-2(110)/2011/543 dated 11.02.2012.
***Sub-section (1) of Section 4, substituted vide Notification No. PAP-Legis-2(157)/2012/820 dated 14.01.2013 (previous version is available at page 98).
Punjab Estacode 2013
(3) A member may resign his office by writing under his hand addressed to the Governor.
Oath of office.–
♣4.A. Before entering upon the office the Chairman and members shall make oath in the form set out in the Schedule to this Ordinance before the Governor in case of Chairman and before the Chairman in case of a member.
Removal from Office.–
5. (1) A member shall not be removed from office during the term of his office except in the manner hereinafter provided.
(2)
If,
the Governor is of the opinion that a member:
(a)
may
have been guilty of misconduct; or
(b)
may be incapable of properly performing the duties of his
office by reason for physical or mental incapacity;
the
Governor shall appoint a Judge of the High Court to inquire into the matter.
(3)
If, after inquiring into the matter the Judge reports to the
Governor that he is of the opinion that the member has been guilty of
misconduct or is incapable of performing the duties of his office, the Governor
may remove the member from office.
Ineligibility for
further employment.–
Functions of Commission.–
∗7. The functions of the Commission shall be:
(a)
to
conduct tests and examinations for recruitment to–
(i)
such Provincial Services and posts connected with the affairs
of the Province, as may be prescribed; and
(ii)
such posts in or under a Corporation or other body or
organization set up by Government under any law, as may be prescribed;
(b)
to advise the Government on such matters as may be prescribed
relating to the terms and conditions of service of persons who are
♣New clause added vide Notification No. Legis: 13-42/97 (P-I) dated 22.11.2002. ∇Omitted vide Notification No. Legis-2(110)/2011/543 dated 11.02.2012. ∗Substituted vide Notification No. Legis. 3(18)/78 dated 22.08.1978.
Miscellaneous
members of a Provincial Service or hold posts in connection with the affairs of the Province; and
(c)
such
other functions as may be prescribed.
Commission to be informed when its advice is not accepted.–
8. Where the Governor does not accept the advice of the Commission he shall inform the Commission accordingly.
Report of Commission.–
9. (1) The Commission shall, not later than 15th day of February in each year, prepare report as to the work done by it during the preceding year ending on the
31st day of December and submit the report to the Governor.
(2)
The report shall be accompanied by a statement setting out,
so far as known to the Commission:
(a)
The cases, if any, in which the advice of the Commission was
not accepted and the reasons therefore; and
(b)
The matters, if any, on which the Commission ought to have
been consulted but was not consulted and the reasons therefore.
(3)
The Governor shall cause a copy of the report to be laid
before the Provincial Assembly.
10. (1) The Government may, by notification in the official gazette, make rules for carrying out the purpose of this Ordinance.
*(2) Subject to the provisions of this Ordinance and the rules the Commission may make regulations for carrying out the purposes of this Ordinance and the rules.
Repeal.–
11.
The
Public Service Commission Act, 1974 (1 of 1974) is hereby repealed.
*The words “and Regulations” added vide Law Department Notification No. Legis: 3(32)/85 dated 27th February 1985.
Punjab Estacode 2013
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(See section 4–A) |
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I, |
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do solemnly swear that I will bear true faith |
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and allegiance to |
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That, as Chairman (or Member) of the Punjab Public Service Commission, I will discharge may duties, and perform and functions, honestly, to the best of my ability and faithfully in accordance with the Constitution of the Islamic Republic of Pakistan and the law, and always in the interest of the solidarity, integrity, well being and prosperity of Pakistan.
That, I will not allow my personal interest to influence my official conduct or my official decisions and that in the performance of my functions, whether in the selection of persons for recruitment or appointment or in any other way, I will act without fear or favour, affection or ill will.
May Allah Almighty help and guide me (A’meen).
♣Added vide Notification No. Legis: 13-42/97(P-I) dated 22.11.2002.
PREVIOUS
VERSIONS OF AMENDED SECTIONS, OF THE
Previous version of section 3, which was substituted vide Notification No. Legis-2(110)/2011/543 dated 11.02.2012:
“Composition of Commission etc.–
3. (1) There shall be a Commission consisting of such number of members as may be determined by the Governor.
(2)
The
members of the Commission shall be appointed by the
Governor.
(3)
The terms and conditions of service of the members shall be
such as may be prescribed by rules.
Provided that the salary, allowances and privileges of a member shall not be varied to his disadvantage during his term of office.
(4)
The
Commission shall have:
(a)
not less than one half of the members who shall be persons
having held office in the Service of Pakistan in basic pay scale 21 or above
post:
Provided
that no serving Government servant shall be appointed as a Member;
(b)
at
least one Member each from:
(i)
retired
judges of the superior judiciary;
(ii)
retired officers not below the rank of Major General or
equivalent of the Armed Forces; and
(iii)
women and the private sector possessing such qualification
and experience as the Provincial Government may by rules prescribe.
(5)
No proceeding or act of the Commission shall be invalid
merely on the ground of existence of any vacancy in, or any defect in the
constitution of the Commission.
(6)
The Governor shall nominate one of the members to be the
Chairman of the Commission.
(7)
A person appointed as member and holding office as such
immediately before the commencement of this Ordinance shall be deemed to have
been appointed as member under this Ordinance.
(8)
Deleted.”
Punjab Estacode 2013
Previous version of section 3, sub-section (4), in clause (b) paragraph (iii) which was substituted vide Notification No. PAP-Legis-2(157)/2012/820 dated 14.01.2013:
“(iii) women and persons from private sector possessing such qualification and experience as the Government may by rules prescribe; and”
Previous version of section 4, which was substituted vide Notification No. Legis-2(110)/2011/543 dated 11.02.2012:
“Terms of Office of a Member–
4.
(1) The term of office of a member shall not exceed 3 years:
Provided that a member may be reappointed for another term not exceeding two
years.
(2)
A Member may resign his office by writing under his hand
addressed to the Governor.
(3)
A Member shall cease to hold office on completion of his term
or on attaining the age of 65 years, whichever is earlier.”
Previous version of sub-section (1) of Section 4, which was substituted Notification No. PAP-Legis-2(157)/2012/820 dated 14.01.2013
“(1) A member shall be appointed for a term of three years and shall not be eligible for reappointment as such.”
Previous version of section 6, which was omitted vide Notification No. Legis-2(110)/2011/543 dated 11.02.2012:
“Ineligibility for further employment–
6. (1) On
ceasing to hold office a member shall not be eligible for further employment in
the service of
Provided that the Government may in an individual case and in public interest allow such employment on such terms and conditions as may be prescribed, in the case of a member who had ceased to hold office either as a result of completing the terms of office or had resigned.
(2)
Nothing
contained in sub–section (1) shall be deemed–
(i)
to prevent a member, other than the Chairman, from being
appointed as Chairman; and
(ii)
to apply to a person, who, at the time of the commencement of
this Ordinance, was holding the office of the member and immediately before his
appointment as member, was holding an office in service of
Miscellaneous
Previous version of section 7, which was substituted vide Notification No. Legis-2(20)97/43 dated 21.06.1998:
“7. The functions of the Commission shall be:
Functions of Commission
(a)
to conduct tests, examinations or interviews for selection of
suitable persons for appointments to Civil Services of the Punjab and posts
connected with the affairs of the Province in Grade–16 and above or equivalent
posts and such other posts as may be prescribed;
Explanation:
In this clause, “appointment” means initial appointment otherwise than by
transfer or promotion.
(b)
to advise the Governor on matters relating to qualifications
for and method of recruitment to the civil services of the Province and posts
connected with the affairs of the Province; and
(c)
such
other functions as may be prescribed.”
Miscellaneous
No. SORIII–1–49/73.
The 26th October 1978
NOTIFICATION
In
exercise of the powers conferred by Section 10 of the Punjab Public Service
Commission Ordinance, 1978, the Governor of the
1.
(1) These rules may be called the
(2)
They
shall come into force at once.
2.
In
these rules, unless there is anything repugnant in the subject or context–
(1)
“Grade” means the National Scale of Pay in which a post or
group of posts is placed:
Provided that in the case of a post or group of posts which have not been placed in any National Scale of Pay, Grade means the “National Scale of Pay”, corresponding to the “existing scale of pay”, in which a post or group of posts would have been placed; and
♦(2) “Test” includes written examination, psychological test, appraisal of record, interview and viva voce.
3. (1) The Commission shall conduct tests and examinations ×[and take all steps ancillary thereto] for recruitment to:
(i)
the Provincial services and civil posts connected with the
affairs of the Province falling in Grade *[(16 to 22) except those specified in Schedule–I];
(ii)
such posts in or under a Corporation or other body or
Organization set up by Government under any law carrying a scale of pay the
maximum of which is Rs. 2,750/– per mensem or above as may be referred to the
Commission;
(iii)
any other posts which may be referred to the Commission for
recruitment by the **(Governor) Chief Minister; and
•(iv) the posts to be filled on contract for a period not less than two years as may be referred to the Commission by Government Departments.
♦Substituted vide Notification No. SO(CAB-I)/1-3/85 dated 24.06.1985. ×Added vide Notification No. SO(CAB-I)/1-3/85 dated 24.06.1985.
*Substituted vide Notification No. SOR-III-1-49/73 dated 5th June 1979 (History of amendments are available at page 104).
**The word “Governor” substituted with the words “Chief Minister” vide Notification No. SOR.IV(S&GAD)15-4/85 dated 24th December 1985.
•Sub-clause (iv) of Rule 3, added vide Notification No. SO.CAB-I/1-16/2002 dated 07.05.2007.
(2) The Government may associate the Commission in the framing of rules regulating appointments to Provincial Services or such posts connected with the affairs of the Province, as may be prescribed, in such manner as it may determine.
4. Notwithstanding anything contained in rule 3, the Commission shall not conduct test for recruitment to posts which are filled –
♣i) for a period of #[one year] or less pending selection of a candidate on the basis of test conducted by the Commission;
Provided that the above period may be extended:
(a)
for a further period of six months with the approval of the
Commission if a requisition for filling the post was sent to the Commission
before filling of the post on ad hoc basis and the Commission had failed to
nominate a candidate; or
(b)
in any other case, by order of the *[Governor] Chief
Minister; or
ii)
by transfer of an officer of the Armed Forces of Pakistan or
an officer already holding a post on regular basis in equivalent grade under
the Federal or a Provincial Government.
Explanation: For the purpose of ♣clause (ii), “regular basis” means other than ad hoc, contract or temporary basis for a specified period.
5. Notwithstanding anything contained
in rule 3, the *[Governor] Chief Minister may, in the public
interest, specify posts which may be filled, without reference to the
Commission, by persons possessing such qualifications and experience and in
such manner as he may determine.
♣Clause (i) deleted and (ii) & (iii) renumbered as (i) & (ii) also in the ‘Explanation’ clause (iii), substituted with “clause (ii)” vide Notification No. SO.CAB-I/1-16/2002 dated 07.05.2007.
#Substituted, vide Notification No. SOR.III-1-29/81 dated 14th June 1982.
*Word “Governor” substituted by the word “Chief Minister” vide Notification No. SOR.IV (S&GAD)15-4/85 dated 24th December 1985.
SCHEDULE–I
(See Rule 3)
Posts excluded from the purview of the Commission.
___________________________________________________________________
Sr. No. Department Name of posts
___________________________________________________________________
|
Services & General Administration |
Posts of Additional |
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Department. |
District & |
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Sessions Judges and |
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posts of District & |
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Sessions Judges. |
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Governor's House. |
Comptroller. |
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**(3) |
Deleted. |
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Deleted. |
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*This entry was numbered as “1” vide Notification No. SOR-III-1-29/81 dated 21.12.1981. (History of amendments are available at page 104).
@Added vide Notification No. SOR-III-1-29/81 dated 21.12.1981. **Deleted, vide Notification No. SORIV(S&GAD)15-2/86 dated 25.12.1987. ♠Entry deleted vide Notification No. SOR-III-2-87/90 dated 18.04.1992.
Punjab Estacode 2013
PREVIOUS VERSIONS OF AMENDED RULES OF
AND HISTORY OF AMENDMENTS
Previous version of rule 3.(1)(i) and 4(ii) which were substituted vide Notification No. No. SOR.III–1–49/73 dated 5th June, 1979.
“3. (1) (i) the provincial services and civil posts connected with the affairs of the Province falling in Grade 17 to 22 except those specified in Schedule–I;
The figures "17 to 22" in the above previous versions of rule 3 (1) (i) were substituted by the figures "16 to 22" vide Notification No. SOR.III–1–49/73 dated 5th June, 1979.”
4.
(ii) for a period of six months or less pending selection of
a candidate on the basis of test conducted by the Commission;
Provided that the above period may be extended:
a)
for a further period of six months with the approval of the
Commission if a requisition for filling the post was sent to the Commission
before filling of the post on ad hoc basis and the Commission had failed to
nominate a candidate; or
b)
in
any other case, by order of the Governor; or
The words
"six months" appearing in the first line of clause (ii) of Rule 4
were substituted vide Notification No. SOR.III– 1–29/81 dated 14th June 1982 with the words one year.”
Addition was made at Sr.No.3 of the Schedule No.I vide Notification No.SORIV(S&GAD)15–2/86 dated 19.05.1986 as under, which was subsequently deleted vide Notification No.SORIV(S&GAD)15–2/86 dated 25.12.1987.
"All Departments Posts to be filled in under Rule 16(2) of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974."
Previous version of Sr. No. (4) in Schedule No. I, which was inserted vide Notification No. SORIII-1-29/81 dated 02.10.1986, subsequently withdrawn vide Notification No.SOR-III-2-87/90 dated 18.04.1992:
|
“(4) |
Board of Revenue, |
Tehsildar. |
|
|
(Revenue Department).” |
|
Previous version of rule 2(2) which was substituted vide Notification No. CAB–I/1– 3/85 dated 24th June, 1985:
“2. (2) “Test” includes written examination, interview and Viva Voce.”
Miscellaneous
Commission (Terms and
Conditions of Service)
Rules 2012
Punjab Estacode 2013
No.SORIII(S&GAD)1-20/2012
Dated the 17th September, 2012
NOTIFICATION
In
exercise of the powers conferred under section 10 of the Punjab Public Service
Commission Ordinance 1978 (II of 1978), hereinafter referred to as the
Ordinance, Governor of the
1.
Short title and commencement.– (1) These rules may be cited as the
Punjab Public Service Commission (Terms and Conditions of Service) Rules
2012.
(2)
They
shall come into force at once.
2.
Pay, allowances and other terms and conditions.– In addition to the provisions
of the Ordinance, the pay, allowances and other terms and conditions of service
of the Chairman and members of the Commission shall be such as mentioned in the
Schedule appended to these rules.
3.
Qualification and experience for women and persons from
private sector.– For purposes of clause (iii) of subsection (4) of section 3 of the
Ordinance:
(a)
minimum qualification for women and persons from private
sector shall be Master’s degree (at least second division) from a
recognized university in the field of economics, engineering, agricultural, finance, business administration, public administration, basic sciences, social sciences or information technology; and
(b)
minimum
experience:
(i)
for a person from private sector shall be twenty years at top
management position in a private organization relating to industry, commerce,
trade, finance, banking, information technology or academia; and
(ii)
for women shall be twenty years experience at top management
position in public sector or in private organization relating to industry,
commerce, trade, finance, banking, information technology or academia.
4.
Seniority.– (1) The inter se seniority of the members shall be
determined in accordance with the dates of their entering upon office as
members.
(2)
In case two or more members enter on office the same day,
their inter se seniority shall be determined on the basis of seniority in age.
5.
Leave.– The Governor may grant leave to the Chairman or a
member as
follows:
Miscellaneous
(a)
on leave salary equivalent to full pay up to one eleventh of
the period spent on duty as Chairman or member, subject to a maximum of four
months at any one time;
(b)
on medical certificate on leave salary equivalent to half pay
up to two elevenths of the period spent on duty as Chairman or member, subject
to a maximum of three months at any one time; and
(c)
extraordinary
leave without salary.
6.
Post to be non-pensionable.– The appointment of the Chairman or
member shall be non-pensionable, and he shall not contribute to benevolent
fund, general provident fund or group insurance.
7.
Repeal.– The Punjab Public Service Commission (Conditions of
Service) Rules, 1978 are hereby repealed.
Punjab Estacode 2013
SCHEDULE
(see rule 2)
Salary, Allowances & Utilities
|
Sr. |
Items |
|
|
Chairman |
|
Member |
|
|||||
|
No. |
|
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|
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|
|
1. |
Salary |
|
Rs. 2,40,000/- per month |
Rs. 1,95,000/- per month |
|
|||||||
|
2. |
House Rent Allowance |
|
Rs. 1,05,000/- per month |
Rs. 75,000/- per month |
|
|||||||
|
3. |
Utilities |
|
Rs. 12,000/- per month |
Rs. 9,750/- per month |
|
|||||||
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|
Total |
|
Rs. 3,57,000/- per month |
Rs. 2,79,750/- per month |
|
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Facilities |
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Sr. |
Items |
|
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Chairman |
|
Member |
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|
No. |
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1. |
One Chauffeur driven car |
|
1600 CC capacity |
|
1300 CC capacity |
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|||||
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maintained at the |
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Government expense for |
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official and private use. |
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2. |
Petrol Limit |
|
340 Liter per month |
|
270 Liter per month |
|
||||||
|
3. |
TA/DA |
|
As |
admissible |
to |
civil |
As admissible to civil servants |
|||||
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|
|
servants of highest grades |
of highest grades |
|
|
||||||
|
4. |
TA/DA on official |
|
As |
admissible |
to |
civil |
As admissible to civil servants |
|||||
|
|
duty abroad |
|
servants in Category-I |
|
in Category-I |
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|
||||
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5. |
Medical facilities |
|
Reimbursement of medical |
Reimbursement |
of medical |
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and hospitalization charges |
and hospitalization charges for |
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for |
self, |
spouse |
and |
self, spouse and children for |
|||||
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children |
for |
treatment |
treatment |
received |
at |
||||
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received at Government or |
Government |
or |
Government |
||||||
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Government |
recognized |
recognized |
institution |
in |
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institution in |
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Miscellaneous
Service Commission
Regulations, 2000
NOTIFICATION
No. D.S.3–5/2000–PPSC–133 dated 08.04.2000. In exercise of the powers conferred by Sub–Section (2) of Section 10 of the Punjab Public Service Commission Ordinance 1978, the Commission is pleased to make the following regulations:
PART–I
GENERAL
These regulations may be called the Punjab Public Service Commission Regulations, 2000. These regulations shall supersede all previous regulations and shall come into force with immediate effect.
1.
The regulations shall be framed by majority decision of the
full Commission meeting. Quorum for such meeting will be one half of the total
posted strength of the members of the Commission.
2.
The Commission may make policy decision to prescribe detailed
procedure for activities of the selection process and other allied
matters/issues and activities, etc. Such decision will be incorporated in the
Manual of Policy Decisions.
PAR1T–II
DEFINITIONS
3.
In
these regulations, unless the context otherwise requires;
a)
‘Government’
means the Government of the
b)
‘Commission’
means the Punjab Public Service Commission.
c)
‘Member’ means a member of the Commission and includes the
Chairman.
d)
‘Committee’ or Panel means a Committee or Panel constituted
by the Chairman to conduct interviews of the eligible candidates for selection
to specified posts. The strength and composition of such Committee/Panel will
be determined by the Chairman.
e)
Advisor or Subject Specialist means a person selected by the
Commission to assist in the conduct of interviews/ examinations/tests of the
Commission
f)
Department means an administrative department as defined in
the Punjab Government Rules of Business.
g)
Attached Department means a department as defined in the
Punjab Government Rules of Business.
h)
Departmental Representative means a senior officer of the
concerned Department, who is accepted by the commission as member of interview
committee, constituted for selection of candidate(s) against the post(s)
advertised concerning that Department.
i)
‘Appointing Authority’ means an officer or authority
designated as such in the relevant service rules framed by the Government for
the post (s).
Miscellaneous
j)
‘Requisition’ has the same meaning as in Rule 22 (1) of the
Punjab Civil Servants (Appointment & Conditions of Service) Rules, 1974,
whereby an pointing authority sends information on prescribed proforma
regarding vacancies existing in the Department, to the Commission, which are to
be filled through the Commission.
k)
‘Requisition Form’ means the Requisition Form as prescribed
by the Commission.
l)
‘Additional Vacancy’ means an addition in the number of
vacancies already conveyed by the concerned Department through an earlier
requisition.
m)
‘Test’ has the same meaning a assigned to it in Rule 2 (2) of
the Punjab public Service Commission (Functions) Rules, 1978, and includes
short–listing, screening (written test, aptitude/ psychological test, subject
test, relevant to post and its qualifications or any other test in writing and
interview or via voce designed to assess the capabilities of applicants for
their suitability for the job(s) post(s) applied for by them.
n)
‘Written Examination’ means an examination prescribed by the
competent authority for specific jobs either in the relevant Service Rules or
as general policy.
o)
‘Interview’ means an oral examination to assess a candidate’s
suitability for the job/post applied for. In the case of candidates of Combined
Competitive Examination or any other exam/post where it may be so required,
interview, also includes psychological assessment, credit of additional
qualifications, distinctions and achievements.
p)
‘Policy Decisions’ mean such important decisions as are taken
in the Full Commission’s meeting to lay down detailed procedure, etc. for
various activities/proceedings of the selection process, etc and which are
compiled in the Manual of Policy Decisions.
PART–III
REQUISITIONS
4.
Requisitions for posts falling within the purview of the Commission
are to be sent on prescribed form according to prescribed schedule as intimated
to the departments by the Commission from time to time. The purpose of this
schedule is to facilitate planning in selection and to avoid accumulation of
too many requisitions at a time.
5.
The broad parameters of existing schedule for forwarding the
requisitions by the departments to the Commission are as follows:
a)
Requisitions for competitive examinations should be sent by 1st September of each calendar year so
as to enable the Commission to hold the examination within the same year.
Punjab Estacode 2013
b)
All Administrative Departments should forward their
requisitions for filling up vacant posts other than those filled through
competitive examinations from 1st
July to 31st December each year so that the
Commission may process them in the planned programs.
c)
The Administrative Departments, may, in emergent cases forward
their requisitions between 1st
January to 30th June after obtaining approval of the
Chief Secretary/Additional Chief Secretary.
6.
It would be the responsibility of the Head of Department
concerned to ensure that the above time schedule for sending requisition to the
Commission is adhered to strictly.
7.
The requisition shall be signed by the Administrative
Secretary or the Additional Secretary of the Department in respect of posts in
BS–16 and above.
8.
The requisition in respect of posts in BS–11 to 15 and posts
referred to the Commission under Clause (iii) of Sub Rule (1) of Rule 3 of the
Punjab Public Service Commission (Functions) Rules, 1978 shall be signed by the
Appointing Authority and accompanied by the information about the cadre of the
post; i.e. whether District, Divisional, Circle or Provincial cadre and
information as listed at items (a) and (b) of Regulation 9.
9.
a)
Printed or certified copy of Notification of the Service Rules relevant
to the post(s) to which recruitment is to be made, prescribing the conditions of appointment such as academic qualifications, experience, method of recruitment, gender and age limits for the posts.
b)
Job description or vacancies of vacancies in terms of
S&GAD’s circular letter No. SO (ARC)4–1/75 dated 04.04.1975 or in
accordance with any other instructions of the Government issued from time to
time.
10.
Approval of S&GAD (ACS) shall be required, if the
department decided to decrease or increase the number of vacancies subsequently
or for withdrawal of all the vacancies already communicated.
11.
All posts shall be filled on open merit/all
12.
Deficiencies in the requisition, if any, pointed out by the
Commission to the department shall be made up and rectified within 15 days of
the receipt of the letter by the Department failing which the requisition may
be returned to the Department.
Miscellaneous
PART–IV
ADDITIONAL VACANCIES
13.
a) Requisition for additional vacancies (to be added to the
vacancies intimated in the original requisition sent to the Commission
according to the schedule prescribed under Regulation No. 5 shall be accepted
only if no date or test or written examination has been fixed and in cases
where selection is to be made only on the basis of viva voce/interview, before
a date for the viva voce/interview has been fixed. After acceptance of
additional vacancies, a fresh advertisement/ amendment to the previous advertisement
shall be issued inviting fresh applications. The candidate, who had already
applied in response to the original advertisement, will not be required to
apply again.
b)
Specifically in the case of Combined Competitive Examinations
for EAC/SO, etc., variation in the number and nature of posts may be accepted
by the Commission without inviting fresh applications when an indication to
this effect has been given in the original advertisement and the change in the
number and nature of vacancies is received by the Commission before the
commencement of interviews.
PART–V
SUBMISSION OF APPLICATIONS BY
CANDIDATES AND THEIR CONSIDERATION
14.
An application by an eligible candidate shall be submitted on
the form prescribed by the Commission and the instructions to the candidates
attached thereto, before the closing date.
15.
If the prescribed application form is not available to a
candidate residing outside
16.
An application must reach the Commission’s office on or
before the closing date and time advertised by the Commission except as
prescribed in Regulation 18.
17.
Unless otherwise altered and notified, closing date for
receipt of applications from the candidates shall be as declared in the
original advertisement. Normally, such a date shall be 3 to 6 weeks from the
date of publication of advertisement.
18.
If the closing date fixed for receipt of application falls on
an official holiday, the next working day shall be considered as the closing
date.
19.
An application received after the closing date and time,
shall stand rejected except where a candidate:
Punjab Estacode 2013
a)
has been ill and has remained admitted in a
Government/reputed hospital for the period from the publication of the
advertisement till the closing date, and;
b)
has informed the Commission in writing about his/her illness
before the closing date along with a medical certificate in that behalf from a
competent authority. Competent Authority here means the Medical Superintendent
or Medical Officer in charge of the Hospital wherein the candidate has remained
admitted.
20.
No application shall be entertained after the announcement of
date of test or written examination or viva vice/interview, whichever is
earlier.
21.
In case of recruitment to posts on the basis of written examination,
the Commission shall, subject to these Regulations, issue separate notification
giving necessary details for the information of the candidates.
22.
Eligibility of a candidate shall be determined in accordance
with the advertisement for the post, service rules governing appointments to
the relevant post and such other ancillary instructions issued by the
Government and/or the Commission from time to time. For this purpose, the age,
qualifications, experience and other credentials etc., of the candidates
existing on or up to the closing date fixed for such posts as advertised, shall
be taken into account. No relaxation in this regard shall be allowed.
23.
Calls for written examination/test or interview/viva voce,
shall normally be sent to eligible candidates only, whose applications are
found to be complete in all respects. However, in case of large number of
applications for a post, and to save time, a written test or examination may be
held provisionally before scrutiny of applications. Once the result or
short–listing of candidates is finalized the applications of such candidates
will be scrutinized before proceeding further to determine their eligibility
under the relevant Service Rules for the post applied for. Candidates found
ineligible will be rejected regardless of their qualifying the written
test/examination.
24.
Applications which are incomplete or not on proper form in
accordance with the provisions of the foregoing Regulations, or do not meet the
pre–requisites of eligibility shall be rejected by the Commission.
25.
Duly attested/Photostat copies of documents, where asked for,
will be acceptable on the condition that the candidates would bring the
originals if and when they are called for interview. In the written examination
cases, original documents have to be shown by the candidates at the time of
interview.
PART–VI
CALCULATION OF AGE OF CANDIDATES
26. Date of birth shall ordinarily be the date of birth endorsed on Matriculation/ equivalent certificate or, (where such certificate is not available on account of unavoidable circumstances) some other authentic document so admitted by the Commission depending on the fact of the individual case. If a candidate is under–age
Miscellaneous
or becomes over–age even by one day after adding the actual day of his birth, to his age on the last date for the receipt of applications or on 1st January of the year of the Combined Competitive Examination for EAC/SO, etc. as advertised, he/she shall be considered ineligible. No subsequent alteration or amendment in the date of birth including any substitute/revised certificate of Matriculation or any other document, etc. after the closing date of applications will be entertained/accepted.
27.
When an application is received from a candidate, who has
been granted relaxation in upper–age limit by the department beyond ten years
without approval of the S&GAD, subject to relevant Government instructions
the application will be rejected by the Commission. However, if S&GAD
certified that the case of age–limit concession of a candidate is under
process, the candidate may be considered provisionally.
28.
When an additional vacancy is advertised before a date has
been fixed for written examination or test or viva voce/interview with the
direction that the candidates who have already applied need not apply again,
the age will be calculated as under:
a)
For calculating age of those candidates who had applied in
response to the original advertisement, the date would be closing date as
indicated in that advertisement.
b)
For calculating the age of those candidates who apply in
response to the subsequent advertisement, (increasing the number of posts of
the original advertisement) excepting the candidates for Combined Competitive
Examination, the date would be the closing date of the subsequent
advertisement.
c)
Candidates who had applied in response to the original
advertisement and were found underage on the closing date would be eligible if
they attain the requisite lower–age limit on the closing date of subsequent
advertisement.
PART–VII
DOMICILE
29.
A candidate is required to submit his/her valid domicile
certificate in proof of his place of residence as claimed in the application.
Only such candidates would be eligible for selection by the Punjab Public
Service Commission as are domiciled in any District of the Province of the
30.
A permanent resident of Azad Kashmir will be considered to be
the resident of the District of Punjab where he/she is living presently.
PART–VIII
ACTION AGAINST CANDIDATES
ON GROUNDS OF CHEATING, ETC.
31. A candidate may be disqualified and/or debarred from any examination, test or interview for any post held or to be held by the Punjab Public Service
Punjab Estacode 2013
Commission in future and/or criminally prosecuted/debarred from employment under Government, if he/she:
a)
Furnishes any particular or information which is false or
incorrect and from which advantage accrues to the candidate;
b)
Suppresses
material information;
c)
Attempts to influence the Members of the Commissions, the
officers and officials of the Commission, any advisor and departmental
representative called as member of a selection panel/committee;
d)
Canvasses
in any form;
e)
Attempts to obtain support for his/her candidature through
improper means.
f)
Submits
forged certificates;
g)
Tampers
with the entries in his/her age and academic certificates;
h)
Misbehaves
in the examination hall;
i)
Is
found guilty of misconduct during examination test/interview;
j)
Fails
to observe the instructions issued by the Commission;
k)
Uses
unfair means in a test/exam.
32.
If at any stage, i.e. during the process of selection or even
after the recommendations have been sent to the concerned department, a person
has been found to be deficient in any of the conditionalities of eligibility,
his or her eligibility will be cancelled and recommendations (if sent)
withdrawn.
PART–IX
REVIEW PETITIONS AGAINST PPSC DECISIONS
33. Notwithstanding anything to the contrary contained in the Regulations, all orders relating to initial scrutiny, eligibility and short–listing which adversely affect a candidate may be assailed by an applicant for review within 10 days from the date of passing of such order. However, any delay in the matter may be condoned for plausible reasons. The review petition shall be disposed of (expeditiously) by the Member in charge and in his absence by a Member nominated by the chairman, and where considered desirable after providing opportunity of personal hearing to the petitioner. A copy of the final order shall be communicated to the petitioner. The decision of the Commission in that regard shall be final.
PART–X
WRITTEN EXAMINATIONS/TEST/SHORT-LISTING
34. Subject to receipt of requisitions, written examination for the following posts shall normally be held once in a year subject to the relevant service rules:
a)
Provincial Civil Service– Executive Cadre: Extra Assistant
Commissioners (E.A.Cs)/Section Officers (S.Os.) Assistant Directors Local Fund
Audit (A.D.L.F.A.)/Excise and Taxation Officer, Treasury Officer, Labour
Officer, Civil Defence Officer, District Food Controller, Assistant Registrar
Cooperative Societies, District Housing Officer and Tehsildar/any other post as
may be referred by the Government.
Miscellaneous
b)
Civil
Judges–cum–Judicial Magistrates.
c)
Inspector
of Police.
d)
Legal
Inspectors.
e)
Assistant
District Attorneys.
f)
Deputy
District Attorneys.
g)
Additional
Prosecutor General.
h)
District
Public Prosecutor.
i)
Deputy
District Public Prosecutor.
j)
Deputy
Prosecutor General.
k)
Assistant
District Public Prosecutor.
35.
These examinations shall be conducted as part of the total
process of selection including psychological test and viva voce according to
the schedule to be laid down by the Commission.
36.
Syllabus and minimum qualifying marks in each subject and
aggregate shall be as laid down by the Commission.
37.
(a)
Depending on the nature of post, the number of applications
received and the time at the disposal of the Commission, eligible candidates may be required to appear in a written test in the subject related to the post and its qualifications and/or a general ability written test for short–listing of the candidates. When no such written test is held, short–listing may be done by adopting one of the following two methods:
i.
Evaluation of such academic and/or professional record of the
candidates as the Commission may decide to take into consideration.
ii.
Preliminary interviews, for which, parameters may be decided
by the Commission.
(b)
Short–listing can be carried out exclusively on the basis of
written test or academic record or preliminary interview or a combination of
the above methods as may be decided by the Commission on case–to–case basis.
38.
Except where it is already laid down by the Government, the
Commission shall prescribe the scope and the nature of the written test in accordance
with the qualifications, job requirements and experience prescribed for the
posts. The test may be subject–related or of a general nature to assess the
general ability of the candidates. Admission letters will contain the scope,
date, time and place of the test along with other relevant instructions. Where
it is decided to hold a screening test right at the outset and this condition
is reflected in the advertisement, venue, date and time of screening test will
be notified to candidates in the advertisement (as far as possible) and through
a Press note. No formal call–up notice in that case will be issued for this
purpose to the individual candidates. Details for the screening test and
admission sheet will be attached with the application form along with other
necessary instructions explaining the nature and form of such test.
Punjab Estacode 2013
PART–XI
NUMBER OF CHANCES
39.
All candidates (private or in–service) appearing in ‘written
examination’ to be held by the Commission shall be allowed to avail of three
chances only for each particular written examination irrespective of the type
or categories of posts grouped in that examination, unless otherwise prescribed
by the Government. This will be subject to the condition that candidates
fulfill all other requirements of the rules. In case, age relaxation has been
allowed, only one chance shall be given.
40.
For all other posts to be filled through one paper test
followed by interview, or interview alone for which no formal written
examination has been prescribed, the number of chances shall also be restricted
to three with the following exceptions:
a)
One more chance may be given to a candidate who has acquired
either an additional or a higher relevant qualification in the same subject.
b)
For the posts of Lecturer in Education Department or for a
candidate who is applicant for more than one job, he/she shall have three
chances in each subject for which he/she is a candidate or for each job.
c)
The Punjab Public Service Commission, on the advice of the
Government, may allow the Medical Officers/Women Medical Officers, who have
rendered ad hoc service in rural areas and were appointed as such on or before
the fifth day of March, 1992, five chances for appearing before the Punjab
Public Service Commission for selection as Medical Officers/Women Medical
Officers in the Health Department.
PART–XII
EQUIVALENCE AND EVALUATION OF FOREIGN AND LOCAL
DEGREES/CERTIFICATES/DIPLOMA, ETC.
41.
The Commission will accept that equivalence of foreign and
local academic qualifications which are admitted by University Grant
Commission, Pakistan Medical & Dental Council, Engineering Council or any
other competent equivalence Committee/Authority.
42.
The equivalence of marks awarded by foreign university and
local university will be calculated according to the uniform conversion formula
as devised by the Commission.
43.
The Commission will accept degrees/certificates/diplomas,
etc., only of those Foreign Universities which have been recognized by
University Grants Commission or Pakistan Medical & Dental Council (PMDC) or
Engineering Council or any other competent Agency/Authority.
44.
(a)
A candidate shall be required to submit original publication for
research work along with its 4 copies at the time of submission of
Miscellaneous
application form, where so required or as prescribed in the service rules.
(b)
If a candidate fails to submit his/her original research work
in time which is required to determine his/her eligibility to the post or for
award of additional marks, then in the first case, according to the
requirement, his/her application will be liable to be rejected or in the second
case his/her claim for award of additional marks for such work will not be
considered.
(c)
The Commission will not consider research work submitted by
the candidate for determining his/her eligibility or award of marks, if it has
been published after the closing date fixed by the Commission for receipt of
applications for the post advertised.
(d)
A research paper will be accepted for evaluation only if it
is a distinguished research work and has been published in a standard journal
sponsored/published by an academic/professional/Research Institution,
Association, Society, Council and Committee at the Provincial, National or
International level and which is duly recognized by relevant
governing/controlling body/agency/ authority, such as University Grants
Commission, Pakistan Medical & Dental Council/AMIE/Index Media, etc.
45.
a) The professional research publications of only those
foreign universities will be accepted whose degrees are recognized by
University Grants Commission, Pakistan Medical & Dental Council, Local
Competent Authority. Monthly magazines not sponsored by an academic,
professional or research organization will not be considered as standard/research
journal.
b)
Review articles, case studies, translations, briefs,
presentations in conferences, etc., will not be considered for evaluation as
professional research work. However, such work will be considered for
allocation of additional marks according to the criteria laid down by the
Commission.
c)
The research work will be evaluated according to prescribed
procedures by the qualified/selected evaluators.
PART–XIII
REVIEW PETITION REGARDING REJECTION
OF RESEARCH WORK
46. A candidate can file a review petition before Member Incharge in case his Research Work has been rejected on the ground that the level or standard of his Research Work was not up to the required standard or was not relevant to the job description of the post. The Member Incharge will decide the review petition of the candidate according to the prescribed procedure of the Commission and where necessary he may grant personal hearing to the candidate. The decision of the Commission on the candidate’s review petition will be final.
PART–XIV
COUNTING OF EXPERIENCE
Punjab Estacode 2013
47.
The experience required for determination of eligibility or
award of additional marks will not be considered by the Commission unless the
candidate produces in time, the documentary proof in support of his claim.
48.
The experience certificate must be issued only by the
appointing authority in the concerned administrative department. The Commission
will not accept the experience certificate issued by any other authority.
49.
Experience in a specific specialty will not be counted as
experience in a general specialty prescribed for such post. For instance, the
experience in Neurology, Cardiology, Pediatrics, Dermatology and Tuberculosis
will not be counted as experience when the post is of General Medicine. This decision
will not, however, apply in the case of experience gained in sub–specialties
before acquiring the post–graduate qualifications in General Medicine for the
reason that for getting the latter a candidate has to work in the
sub–specialties of Medicine. However, experience in sub–specialties gained
after post–graduate qualification in General Medicine will not be counted as
experience towards General Medicine.
50.
Full–time house job experience in recognized institution in
51.
Experience gained as Medical Officer/Casualty Officer in a
Civil Hospital/Dispensary of
52.
Experience of residency in F.C.P.S./M.S./F.R.C.S./M.D. or
during studies abroad such as Diplomat of American Board/Fellowship will be
counted as experience in the line.
53.
The experience for the teaching post and post of General
Cadre will be counted according to the laid down procedure of the Punjab Public
Service Commission.
PART–XV
COMMITTEE SYSTEM AND CONDUCT OF INTERVIEW
54.
For the purposes of interview, the Commission may work in
committees/ panels as constituted by the Chairman.
55.
A Committee shall normally be composed of one or more Members
of the Commission. In addition, as far as possible, two Advisors (Subject
Specialist) and Departmental Representative may assist each Committee during
the interviews for posts in BS–16 and above. For post in BS–11 to 15, only
Departmental Representative will be associated during interviews, but where
necessary, a subject specialist may also be associated. For posts in BS–18 a
two–member Committee will be formed besides the two Subject Specialists and one
Departmental Representative.
Miscellaneous
1
Candidates for all posts in BS–19 and above will normally be
interviewed by the Full Commission, which will comprise not less than three
Members of the Commission including Chairman, besides two or three Subject
Specialists and one Departmental Representative.
2
The allocation of posts to Committees for interview will be
made by the Chairman.
3
Minimum
quorum of the Committees/Full Commission shall be as under:
|
i) One Member Committee: |
One Member of the Commission with |
||||
|
|
one |
Subject |
|
Specialist |
and |
|
|
Departmental |
|
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|
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|
Representative |
or |
two |
Subject |
|
|
|
Specialists |
|
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|
ii) Two–Member Committee: |
One Member of the Commission with |
||||
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|
one |
Subject |
|
Specialist |
and |
|
|
Departmental |
|
|
|
|
|
|
Representative |
or |
two |
Subject |
|
|
|
Specialists |
|
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|
iii) Full Commission: |
Two Members of the Commission with |
||||
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|
one |
Subject |
|
Specialist |
and |
|
|
Departmental |
|
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|
|
|
|
Representative |
or |
two |
Subject |
|
|
|
Specialists |
|
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|
iv)
In exceptional cases when a subject specialist or Departmental
Representative drops out or fails to turn up at the eleventh hour, the
composition of the Committee may be reduced/changed by the Chairman.
59.
When a near relative or a close associate of a Member of the
Commission or of an Advisor/Departmental Representative being interviewed, the
concerned Member of the Advisor/Departmental Representative will not be allowed
to be present and to participate in the proceedings of the interview of that
candidate. Presiding Member of he interview Committee will clarify this aspect
before the commencement of the interviews.
60.
If a candidate absents himself on the date fixed for his
interview, his candidature will be cancelled and he/she will be deemed to have
lost his/her chance.
a)
However, in exceptional cases of accident or sudden medical
disability, if a candidate immediately or within reasonable time appears or
requests in writing for another date for his interview, the Presiding Member
with the approval of Chairman, may fix some other date for his interview/during
the days, already fixed for interview.
Punjab Estacode 2013
b)
Such a candidate shall be interviewed in so far as
practicable by the same Committee to which he/she was originally allocated.
61.
If a Presiding Member of the Interview Committee finds that
any of the Advisor/Subject Specialists/Departmental Representative is, in his
opinion, unduly biased in favour or against a candidate, then the Presiding
Member may at his discretion disregard the marking of that particular
Advisor/Subject Specialist/ Departmental Representative for that particular
candidate. He will, after the interview, inform the Chairman in writing about
his action and the matter will also be reported to the Full Commission Meeting
for record. The name of such Advisor/Subject Specialist will be deleted from
the approved panel of Subject Specialist/Advisor, etc. Such Departmental
Representative will also not be allowed to sit in the interviews and his
Department will be informed accordingly.
62.
The Commission will allocate aggregate marks of different
categories of interviews, depending on the nature of posts. The distribution of
marks amongst two categories of Members of Interview Committee i.e. Members of
Punjab Public Service Commission and Subject Specialists, Advisor, Departmental
Representative, etc. will depend on the nature of interview. For example, the
aggregate and the distribution of marks among Members in the case of
Competitive Examination will be different as compared with other posts.
PART–XVI
SERVICE ALLOCATING IN COMBINED COMPETITIVE
EXAMINATION FOR EAC/SO, ETC.
63.
a) At the time of psychological assessment, all candidates,
who have qualified in written examination, will be required to give in writing
their personal preference on ‘Option Certificate’ in order of priority for all
the categories of posts/services advertised for recruitment through Combined
Competitive Examination. This option once exercised, will be final as far as
the candidate is concerned.
b)
After the preparation of final merit list, the allocation of
service/post will be made to a candidate on the basis of merit– cum–option of
the candidate.
c)
If a candidate, according to his merit, cannot be allocated
to service/post of his first choice, he will be allocated to service of his
subsequent choice on the basis of his position in the merit list.
d)
Irrespective of his position in the merit list, the
Commission shall not allocate any service/post to a candidate for which he had
not exercised his option even though according to his position in the merit
list he becomes eligible for such post.
e)
Female candidates cannot opt for a post/service exclusively
meant for male candidates and vice versa.
f)
Allocation
announced by the Commission will be considered as final.
g)
Allocation of service will not be changed on the request of a
candidate or the department.
h)
Allocation of service (posts) may change as a consequence of
re– allocation of service (posts) in the light of Regulation 67, on the request
of the Department for substitute. Such re–allocation will be binding on a selected
candidate.
Miscellaneous
PART–XVII
MERIT LIST
64.
Merit list will be strictly in accordance with the policy
decisions taken by the Commission and Rules, Regulations and policy framed by
the Government from time to time.
65.
In case where various posts belonging to the same
service/cadre, but in different subjects (such as those of lectures), are
advertised in one lot, separate merit list in each subject shall be prepared.
Their combined merit list for purposes of inter se–seniority shall be prepared
in accordance with the respective merit of each candidate based on the total
marks obtained by the candidate in the combined list.
66.
If a recommended candidate fails to join the post/tender his
resignation after joining or declared medically unfit or Appointing Authority
refuse to issue offer of appointment under Rule 21.A(2) of Punjab Civil Servant
(Appointment and Conditions of Service) Rules, 1974 during the validity of the
merit list, a substitute can be provided from the same merit list if so
requested by the department concerned.
67.
If a candidate recommended against a vacancy of a particular
zone or area fails to join the post, another candidate from the same zone or
area shall be recommended out of the approved merit list of that selection.
68.
If
a candidate recommended on All Punjab basis does not join a post in BS–
16
or above, the original merit list will be revised and a fresh
list will be prepared excluding the name of the candidate who has not joined. A
new list of recommendees will then be sent to the department in substitution of
the original one.
69.
For recommending substitutes, the Merit List remains valid
for one year from the date of issuance of recommendations or till the next
closing date for submission of applications for similar post, whichever is
earlier. However the Chairman may extend the validity period for sixty days on
case to case basis, if the request from the Administrative Department for
substitutes is received within validity period. For all other purposes, such as
additional vacancies, the Merit List shall cease to be operative.
70.
In the case of Combined Competitive Examination for DDO/SOs
etc. while the merit list will remain valid for one year as under Regulation
69, requests for substitutes by S&GAD will be kept pending till the last
day of expire of one year and revised merit list incorporating all the
substitutes on requests received that far, will be sent to S&GAD on the
expiry of one year. However the Chairman may extend the validity period for
sixty days on case to case basis, if the request from the Administrative
Department for substitutes is received within validity period. For all other
purposes, such as additional vacancies, the Merit List shall cease to be
operative.
71.
If an error or omission is detected in the eligibility of
candidate, result or merit list at any stage after its dispatch to the
Department concerned, the recommendations(s) made on the basis of such a
mistake/error will be corrected and the merit list withdrawn by the Commission
for review.
No.SOR–IV(S&GAD)5–20/85
Dated the 26th January, 1988
NOTIFICATION
In exercise of the powers conferred on him by Section 23 of
Punjab Civil Servants Act, 1974, the Governor of the
1.
Short Title & Commencement.– (1) These rules may be called the
(2)
They
shall come into force at once.
2.
Definitions.– In these rules, unless the context otherwise requires, the
following expressions shall have the meanings hereby respectively assigned
to them, that is to say:
(a)
“Appointing Authority” means the authority as defined in Rule
6 of the Punjab Civil Servants (Appointment & Conditions of Service) Rules,
1974, or an officer authorized by the Appointing Authority under these rules.
(b)
“Competent Authority” means the Appointing Authority or the
officer authorized in that behalf.
(c)
“Commission” means the Punjab Public Service Commission and
the Federal Public Service Commission.
(d)
“Competitive Examination” means a competitive examination
held by the Commission for recruitment to any service or post.
3.
Eligibility.– No Civil Servant shall be eligible for appointment to any
service of the Province or to any post in connection with the affairs of
the Province other than the service or the post to which he is for the time
being appointed, unless he applies with the permission in writing of the
competent authority.
4.
Forwarding of Applications.– (1) If any civil servant applies for
permission and is otherwise eligible to appear at a competitive
examination to be held by the Commission, his application shall be forwarded
thrice but not more than thrice for each examination during whole of his
service.
(2)
If any civil servant applies for permission and is otherwise
eligible for recruitment to any other post his application shall always be
forwarded.
Explanation: The appointing authority may withhold permission to apply, if for reasons to be recorded in writing such permission is considered to be against public interest.
5. Release on Selection for Appointment to a Post for which application has been forwarded.– When a civil servant whose application has been forwarded in accordance with rule 4, is selected for appointment, he shall be released.
Punjab Estacode 2013
6.
Applications made before joining Government Service.– If any person who before
appointment to any service of the Province or to any post in connection with
the affairs of the Province had appeared at any competitive examination or
applied for a post elsewhere, and is, as a result offered for a post, he shall
be released to join such service or post.
7.
Employment in other Departments of Government or under
another Government.– A civil servant shall not apply for any appointment in
another office or department of Government or under another Government
unless the Head of such office or department or such other Government has
invited applications for the post; provided that in the case of an appointment
for which applications are not ordinarily invited, a civil servant may inform
the authority which makes the appointment, by a letter submitted through the
appointing authority of his own post or service, that he wishes his name to be
considered.
8.
Circumstances
in which advance copies of application may be sent.–
Ordinarily, an application for a post
in respect of which selection is to be made by a Provincial or a Federal
Selecting Authority shall be accompanied by permission in writing of the
authority referred to in Rule 3, when, however, there is a likelihood that the
last date prescribed for the submission of applications will expire before such
permission can be obtained, an advance copy may be submitted to the Selection
Authority. The candidature of such applicant will be treated as provisional
until permission has been accorded under these rules. In the event of such
permission not being granted, the Selection Authority concerned will be
informed immediately of the decision, so that the Authority may cancel the
candidature of the applicant.
Provided that if the Selecting Authority does not receive the departmental permission within a period of 30 days from the last date fixed in the press note of the Selecting Authority such permission shall be deemed to have been granted.
9.
Application for private employment.– (1) A civil servant shall not apply
or accept employment in a local body or autonomous body or private
organization, without the previous permission in writing, of his appointing
authority.
(2)
An application for permission to apply for private employment
shall not be entertained unless the appointing authority is satisfied, that on
such employment having been secured, the resignation of the applicant can be
accepted without detriment to the public service.
(3)
If a civil servant, who is refused permission to apply for
private employment, wishes to resign his appointment under the Government, the
authority competent to accept his resignation, subject to general or special
law or order on the subject, may ordinarily accept the resignation but where
the authority is satisfied that the civil servant who is securing the private
employment has taken advantage of his official position, it shall not accept
the resignation.
(4) A civil servant who is
permitted to apply for private employment, must, on accepting it, resign his
appointment under Government. After such acceptance, he shall not be allowed
any leave, nor shall his lien be retained on his appointment under Government.
10.
Repeal.– The West Pakistan Services (Applications for Posts) Rules,
1957 (so far as their application to the
Miscellaneous
Punjab Civil Servants (Change in Nomenclature of Services & Abolition of Classes) Rules, 1974
No.SOR.III–1–52/73
Dated the 3rd July, 1974
NOTIFICATION
In exercise of the powers conferred by Section 23 of the
Punjab Civil Servants Act, 1974, the Governor of the
1.
(1) These rules may be called the
(2)
They
shall come into force at once.
2.
In
these rules unless there is anything repugnant in the subject or context.–
a)
“Classes” means Class–I, Class–II, Class–III and Class–IV in
which the civil posts and services are classified under rules or orders for the
time being in force;
b)
“Functional Unit” means a group of posts or a part of such
group sanctioned as a separate unit in or under a Department;
c)
“Grade” means national scale of pay, in which a number of
posts, in a functional unit, carrying same duties and responsibilities is
placed; provided that in the case of a person who does not opt for the national
scales of pay or the post which has not been placed in the national scales of
pay, “National Scale of Pay” means the presumptive national scale of pay
corresponding to the existing scale of pay in which such person, or as the case
may be, the post would have been placed but for the aforesaid reasons; provided
further that in case of a person whose pay has been fixed in the national scale
of pay corresponding to the pre-national scales selection grades or who moves
over to the next higher scale of pay without change in the nature of duty and
assumption of higher responsibilities or under prescribed conditions after
reaching the maximum of the lower national scale of pay, “national scale of
pay” means the lowest national scale of pay admissible for his post.
d)
“Province”
means the Province of the
e)
“Punjab Unified Grade” means the grade to which a civil
servant is entitled in respect of his existing post; and
f)
“Services” means the Civil Services of the Province and
include civil posts connected with the affairs of the Province.
3.
Notwithstanding anything contained in any rule, order,
regulation or instruction, the names of services are, with immediate effect,
changed to Punjab Unified Grades and all references to a service in any rule,
order, regulation or
Miscellaneous
instruction shall, consistent with the subject and context, be construed as reference to the respective Punjab Unified Grade.
4.
All persons, other than the persons appointed on ad hoc
basis, who immediately before the coming into force of these rules were Members
of a service or held a civil post connected with the affairs of the Province
are, subject to their existing inter se seniority position, appointed in their
existing posts to the respective Punjab Unified Grade.
5.
Notwithstanding anything contained in the Civil Service Rules
and any other rules or orders for the time being in force all classes and
classifications of services and posts as Gazetted and Non-gazetted are
abolished.
6.
For the purposes of application of any existing rule, order
or instruction, reference to a class or to a post as Gazetted or Non-gazetted
shall be construed as reference to the corresponding Grade as specified in the
table below:
|
Gazetted Posts |
Corresponding Grades |
||
|
1) |
Class–I |
1) |
Grades 17 to 22 |
|
2) |
Class–II |
2) |
Grade No. 16 |
|
3) |
Special Gazetted |
3) |
Grade No. 16 |
|
Non–gazetted Posts |
Corresponding Grades |
||
|
4) |
Class–III |
4) |
Grades 3 to 15 |
|
5) |
Class–IV |
5) |
Grades 1 to 2 |
7. Notwithstanding anything contained in any rule, order or instruction, all reservations of posts for purposes of appointment, promotion or transfer in favour of persons belonging to a particular service or cadre, or holding a particular post, are abolished.
Punjab Civil Services (Ratios of Recruitment) Rules, 1973
Miscellaneous
No.SOR.III–1–24/74
Dated the January, 1974
1.
Short title, application and commencement.— (1) These Rules may be called
the
2)
These Rules shall apply to the recruitment of all the posts
and Services under the rule making power of the Governor of the
3)
They
shall come into force at once.
2.
Definitions.— In these rules, unless the context otherwise
requires,—
(a)
“Post” means a civil post in connection with the affairs of
the Province.
b)
“Province”
means the Province of the
c)
“Recruitment” means appointment to any post or Service by
promotion or initial appointment.
d)
“Service”
means a Civil Service of the Province.
3.
Method of recruitment.— Notwithstanding anything contained
in any set of Service/Recruitment Rules, in their application to the
Province of the Punjab whereby certain portion or percentage of vacancies in
any Service or post are to be filled in one manner and the remaining portion or
percentage of such vacancies in another manner, the ratio of recruitment shall
be applied to the total number of the posts in the cadre so as to maintain the
prescribed percentage in the overall strength of the cadre and not to the
actual vacancies existing at a given time.
*Provided that the marginal benefit of fraction exceeding or equal to 50% shall go to the share of departmental promotion wherever a percentage is prescribed both for promotion and initial recruitment.
*Added vide Notification No.SORIII-I-24/74 Dated 17.05.1987.
Page:131
Punjab Civil Servants (Minimum Length of Service for Promotion) Rules, 2010
No.SOR-III(S&GAD)1-4/2003
Dated the 14th November, 2010
NOTIFICATION
. In exercise of the powers conferred upon him under section 23 of the
Punjab Civil Servants Act, 1974 (VIII
of 1974), the Governor of the
1.
Short title, extent and commencement.– (1) These rules may be called the
(2)
They
shall apply to all civil servants.
(3)
They
shall come into force with effect from 1st January, 2011.
2.
Minimum length of service for promotion.– The minimum length of service
required for promotion from lower post or scale to a higher post or scale shall
be as prescribed in the schedule annexed to these rules:
Provided that where minimum length of service, prescribed in the relevant service rules of any service/cadre, is more than that prescribed under these rules, then the minimum length of service prescribed in the relevant service rules shall apply.
3. Repeal.– On coming into force of these rules, the Punjab Civil Servants (Minimum Length of Service for Promotion) Rules, 2003 shall stand repealed.
Punjab Estacode 2013
SCHEDULE
[see rule 2]
1.
Where
initial recruitment has taken place in Basic Scale 17:
|
|
|
(i) |
For posts in Basic Scale 18 |
5 years service against posts in Basic Scale 17. |
|
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|
(ii) |
For posts in Basic Scale 19 |
12 |
years service against posts in Basic Scale |
|
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17 and above. |
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|
(iii) |
For posts in Basic Scale 20 |
17 |
years service against posts in Basic Scale |
|
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17 and above. |
|
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(iv) |
For posts in Basic Scale 21 |
22 |
years service against posts in Basic Scale |
|
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17 and above. |
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2. |
|
Where initial recruitment has taken place in Basic Scale 18: |
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(i) |
For posts in Basic Scale 19 |
7 years service against posts in Basic Scale 18. |
|
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|
(ii) |
For posts in Basic Scale 20 |
12 |
years service against posts in Basic Scale |
|
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|
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18 and above. |
|
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|
|
(iii) |
For posts in Basic Scale 21 |
17 |
years service against posts in Basic Scale |
|
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18 and above. |
|
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3. |
|
Where initial recruitment has taken place in Basic Scale 19: |
|||
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|
|
|
|
|
|
|
(i) |
For posts in Basic Scale 20 |
5 years service against posts in Basic Scale 19. |
|
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|
|
(ii) |
For posts in Basic Scale 21 |
10 |
years service against posts in Basic Scale |
|
|
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19 and above. |
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Where initial recruitment has taken place in Basic Scale 20: |
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(i) |
For posts in Basic Scale 21 |
5 years service against posts in Basic Scale |
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20. |
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one half of the service in Basic Pay
Scale 16 and one–fourth in Basic Pay Scale 15 and below shall be counted as
service in Basic Pay Scale 17 for computing length of service for the purpose
of promotion only to Basic pay Scales 18, 19 or 20.
6. The minimum length of service prescribed under these rules or the minimum length of service prescribed under the relevant service rules of various cadres, whichever is more, shall be applicable.
∗Omitted vide Notification No. SOR-III(S&GAD) 1-4/2003 dated 17.04.2012
Punjab Estacode 2013
No. SOR-III(S&GAD)1-13/2011
Dated the 7th June, 2011
NOTIFICATION
In exercise
of the powers conferred under section 23 of the Punjab Civil Servants Act, 1974
(VIII of 1974), the Governor of the
1.
Short title, commencement and application.– (1) These rules may be cited as the
(2)
They
shall come into force at once.
(3)
They shall apply to the civil servants as defined in the
Punjab Civil Servants Act, 1974 and to such other persons as are regulated by
the rules framed under the Act.
2.
Definitions.– In these rules, unless the context otherwise requires, the
following expressions shall have the meaning hereby respectively assigned
to them, that is to say:
(a)
“foreign national” means a person who is not a national of
(b)
“Government”
means Government of the
(c)
“Government servant” means a Government servant to whom these
rules apply;
(d)
“marriage” means the matrimonial relationship entered into in
accordance with any law for the time being in force or in accordance with any
religion rites or ceremonies, and its grammatical and cognate expressions shall
be construed accordingly; and
(e)
“misconduct” shall have the same meaning as assigned to it in
the Punjab Employees Efficiency, Discipline and Accountability Act 2006 (XII
of 2006).
3.
Prohibition on Marriages with Foreign National.– Save as provided in rule 4, a
Government servant who marries or promises to marry a foreign national shall be
guilty of misconduct and shall be liable to any of the major penalties under
the Punjab Employees Efficiency, Discipline and Accountability Act 2006 (XII
of 2006).
4.
Permission to Marry a Foreign National.– (1) A Government servant may,
with the prior permission of the Government, marry or promise to marry a foreign
national of any country recognized by the Federal Government for the purpose.
(2)
The grant of permission under sub-rule (1) shall be at the
sole discretion of the Government and shall be subject to such conditions, if
any, as the Government may specify.
(3)
The discretion under sub-rule (2) shall be exercised if the
circumstances or public interest so warrant and after recording reasons in
writing.
5.
Repeal.– The West Pakistan Government Servants (Restrictions on Marriages
with Foreign Nationals) Rules 1963 are hereby repealed.
PROTECTION AGAINST HARASSMENT OF WOMEN AT THE WORKPLACE ACT, 2010
(with related Instructions)
THE PROTECTION AGAINST HARASSMENT OF WOMEN
AT THE WORKPLACE ACT, 2010
PART 1
Acts, Ordinance, President’s Orders and Regulations
SENATE SECRETARIAT
No. F.9 (5)/2009-Legis. The following Acts of Majlis-e-Shoora (Parliament) received the assent of the President on 9th March, 2010, are hereby published for general information.–
Act No. IV OF 2010
An Act to make provisions for the Protection Against Harassment of Women at the Workplace.
WHEREAS the constitution of the Islamic Republic of Pakistan recognizes the fundamental rights of citizens to dignity of person;
AND WHEREAS it is expedient to make this provision for the protection of women from harassment at the workplace;
It is hereby enacted as follows:
1.
Short title, extent and commencement.– (1) This Act may be called the
Protection against Harassment of Women at the Workplace Act, 2010.
(2)
It
extends to the whole of
(3)
It
shall come into force at once.
2.
Definitions.– In this Act, unless there is anything repugnant in the
subject or context,–
(a)
“Accused” means an employee or employer of an organization
against whom complaint has been made under this Act;
(b)
“CBA” means Collective Bargaining Agent as provided in the
Industrial Relations Act 2008, (IV of 2008) or any other law for the
time being in force.
(c)
“Code” means the Code of Conduct as mentioned in the Schedule
to this Act;
(d)
“Competent Authority” means the authority as may be
designated by the management for the purposes of this Act;
(e)
“Complainant” means a woman or man who has made a complaint
to the Ombudsman or to the Inquiry Committee on being aggrieved by an act of
harassment;
Miscellaneous
(f)
“Employee” means a regular or contractual employee whether
employed on daily, weekly, or monthly or hourly basis, and includes an intern
or an apprentice;
(g)
“Employer” in relation to an organization, means any person
or body of persons whether incorporated or not, who or which employs workers in
an organization under a contract of employment or in any other manner whosoever
and includes –
(i)
an heir, successor or assign, as the case may be, of such
person or, body as aforesaid;
(ii)
any person responsible for the direction, administration,
management and control of the management;
(iii)
the authority, in relation to an organization or a group of
organization run by or under the authority of any Ministry or department of the
Federal Government or a Provincial government, appointed in this behalf or,
where no authority is appointed, the head of the Ministry or department as the
case may be;
(iv)
the office bearer, in relation to an organization run by or
on behalf of the local authority, appointed in this behalf, or where no officer
is so appointed, the chief executive officer bearer of that authority;
(v)
the proprietor, in relation to any other organization, of
such organization and every director, manager, secretary, agent or office bearer
or person concerned with the management of the affairs thereof.
(vi)
a contractor or an organization of a contractor who or which
undertakes to procure the labour or services of employees for use by another
person or in another organization for any
purpose whatsoever and for payment in any form and on any basis whatsoever; and
(vi)
office bearers of a department of a Division of a Federal or
a Provincial or local authority who belong to the managerial, secretarial or
directional cadre or categories of supervisors or agents and those who have
been notified for this purpose in the official Gazette;
(h)
“Harassment” means any unwelcome sexual advance, request for
sexual favors or other verbal or written communication or physical conduct of a
sexual nature or sexually demeaning attitudes, causing interference with work
performance or creating an intimidating, hostile or offensive work environment,
or the attempt to punish the complainant for refusal to comply with such a
request or is made a condition for employment;
(i)
“Inquiry Committee” means the Inquiry Committee established
under sub-section (1) of section 3;
(j)
“Management” means a person or body of persons responsible
for the management of the affairs of an organization and includes an employer;
Punjab Estacode 2013
(k)
“Ombudsman”
means the Ombudsman appointed under section 7;
(l)
“Organization” means a Federal or Provincial Government
Ministry, Division or department, a corporation or any autonomous or
semi-autonomous body, Educational Institutes, Medical facilities established or
controlled by the Federal or Provincial Government or District Government or
registered civil society, associations or privately managed a commercial or an
industrial establishment or institution, a company as defined in the Companies
Ordinance, 1984 (XLVII of 1984) and includes any other registered
private sector organization or institution;
(m)
“Schedule”
means Schedule annexed to this Act;
(n)
“Workplace” means the place of work or the premises where an
organization or employer operates and includes building, factory, open area or
a larger geographical area where the activities of the organization or of
employer are carried out and including any situation that is linked to official
work or official activity outside the office.
3.
Inquiry Committee.– (1) Each organization shall constitute an Inquiry
Committee within thirty days of the enactment of this Act to enquire into
complaints under this Act.
(2)
The Committee shall consist of three members of whom at least
one member shall be a woman. One member shall be from senior management and one
shall be a senior representative of the employees or a senior employee where
there is no CBA. One or more members can be co-opted from outside the
organization if the organization is unable to designate three members from
within as described above. A Chairperson shall be designated from amongst them.
(3)
In case a complaint is made against one of the members of the
Inquiry Committee that member should be replaced by another for that particular
case. Such member may be from within or outside the organization.
(4)
In case where no competent authority is designated the
organization shall within thirty days of the enactment of this Act designate a
competent authority
4. Procedure for holding inquiry.– (1) The Inquiry Committee, within three days of receipt of a written complaint, shall–
(a)
communicate to the accused the charges and statement of
allegations leveled against him, the formal written receipt of which will be
given;
(b)
require the accused within seven days from the day the charge
is communicated to him to submit a written defense and on his failure to do so
without reasonable cause, the Committee shall proceed ex-parte; and
(c)
enquire into the charge and may examine such oral or
documentary evidence in support of the charge or in defense of the
Miscellaneous
accused as the Committee may consider necessary and each party shall be entitled to cross-examine the witnesses against him.
(2)
Subject to the provisions of this Act and any rules made
thereunder the Inquiry Committee shall have power to regulate its own procedure
for conducting inquiry and for the fixing place and time of its sitting.
(3)
The following provisions, inter alia, shall be
followed by the Committee in relation to inquiry:
(a)
The statements and other evidence acquired in the inquiry
process shall be considered as confidential;
(b)
An officer in an organization, if considered necessary, may
be nominated to provide advice and assistance to each party;
(c)
Both parties, the complainant and the accused, shall have the
right to be represented or accompanied by a Collective Bargaining Agent
representative, a friend or a colleague;
(d)
Adverse action shall not be taken against the complainant or
the witnesses;
(e)
The inquiry Committee shall ensure that the employer or accused
shall in no case create any hostile environment for the complainant so as to
pressurize her from freely pursuing her complaint; and
(f)
The Inquiry Committee shall give its findings in writing by
recording reasons thereof.
(4)
The Inquiry Committee shall submit its findings and
recommendations to the Competent Authority within thirty days of the initiation
of inquiry. If the Inquiry Committee finds the accused to be guilty it shall
recommend to the Competent Authority for imposing one or more of the following
penalties:
(i)
Minor
penalties:
(a)
censure;
(b)
withholding,
for a specific period, promotion or increment;
(c)
stoppage, for a specific period, at an efficiency bar in the
time-scale, otherwise than for unfitness to cross such bar; and
(d)
recovery of the compensation payable to the complainant from
pay or any other source of the accused;
(ii)
Major
penalties:
(a)
reduction to a lower post or time-scale, or to a lower stage
in a time-scale;
(b)
compulsory
retirement;
(c)
removal
from service;
(d)
dismissal
from service; and
(e)
fine. A part of the fine can be used as compensation for the
complainant. In case of the owner, the fine shall be payable to the
complainant.
Punjab Estacode 2013
(5)
The Competent Authority shall impose the penalty recommended
by the Inquiry Committee under sub-section (4) within one week of the receipt
of the recommendations of the Inquiry Committee
(6)
The Inquiry Committee shall meet on regular basis and monitor
the situation regularly until they are satisfied that their recommendations,
subject to decision, if any of Competent Authority and Appellate Authority,
have been implemented.
(7)
In case the complainant is in trauma the organization will
arrange for psycho-social counseling or medical treatment and for additional
medical leave.
(8)
The organization may also offer compensation to the
complainant in case of loss of salary or other damages.
5. Powers of the Inquiry Committee.– (1) The Inquiry Committee shall have power–
(a)
to summon and enforce attendance of any person and examine
him on oath;
(b)
to
require the discovery and production of any document;
(c)
to
receive evidence on affidavits; and
(d)
to
record evidence.
(2)
The Inquiry Committee shall have the power to inquire into
the matters of harassment under this Act, to get the complainant or the accused
medically examined by an authorized doctor, if necessary, and may recommend
appropriate penalty against the accused within the meaning of sub-section (4)
of section 4.
(3)
The Inquiry Committee may recommend to Ombudsman for
appropriate action against the complainant if allegations leveled against the
accused found to be false and made with mala fide intentions.
(4)
The
Inquiry Committee can instruct to treat the proceedings confidential.
6. Appeal against minor and major penalties.– (1) Any party aggrieved by decision of the Competent Authority on whom minor or major penalty is imposed may within thirty days of written communication of decision prefer an appeal to an Ombudsman established under section 7.
(2)
A complainant aggrieved by the decision of the Competent Authority
may also prefer appeal within thirty days of the decision to the Ombudsman.
(3)
The Appellate Authority may, on consideration of the appeal
and any other relevant material, confirm, set aside, vary or modify the
decision within thirty days in respect of which such appeal is made. It shall
communicate the decision to both the parties and the employer.
(4)
Until such a time that the Ombudsman is appointed the
District Court shall have the jurisdiction to hear appeals against the
decisions of Competent Authority and the provisions of sub-sections (1) to (3)
shall mutatis mutandis apply.
Miscellaneous
(5) On the appointment of Ombudsman all appeals pending before the District Court shall stand transferred to Ombudsman who may proceed with the case from the stage at which it was pending immediately before such transfer.
7. Ombudsman.– (1) The respective Governments shall appoint an Ombudsman at the Federal and provincial levels.
(2) A person shall be qualified to be appointed as an Ombudsman who has been a judge of High Court or qualified to be appointed as a judge of High Court. The Ombudsman may recruit such staff as required to achieve the purposes of this Act and the finances will be provided by the respective Governments.
8. Ombudsman to enquire into complaint.– (1) Any employee shall have the option to prefer a complaint either to the Ombudsman or the Inquiry Committee.
(2)
The Ombudsman shall within 3 days of receiving a complaint
issue a written show cause notice to the accused. The accused after the receipt
of written notice, shall submit written defense to the Ombudsman within five
days and his failure to do so without reasonable cause the Ombudsman may
proceed ex parte. Both the parties can represent themselves before the
Ombudsman.
(3)
The Ombudsman shall conduct an inquiry into the matter
according to the rules made under this Act and conduct proceedings as the
Ombudsman deems proper.
(4)
For the purposes of an investigation under this Act, the
Ombudsman may require any office or member of an organization concerned to
furnish any information or to produce any document which in the opinion of the
Ombudsman is relevant and helpful in the conduct of the investigation.
(5)
The Ombudsman shall record his decision and inform both
parties and the management of the concerned organization for implementation of
the orders.
9.
Representation to President or Governor.– Any person aggrieved by a decision
of Ombudsman under sub-section (5) of section 8, may, within thirty days of
decision, make a representation to the President or Governor, as the case may
be, who may pass such order thereon as he may deem fit.
10.
Powers of the Ombudsman.– The Ombudsman shall for the
purpose of this Act have the same powers as are vested in a Civil Court
under the Code of Civil Procedures, 1908 (Act V of 1908), in respect of the
following matters, namely:
i.
Summoning and enforcing the attendance of any person and
examining him on oath;
ii.
Compelling
the production of evidence;
iii.
Receiving
evidence on affidavits;
iv.
Issuing
commission for the examination of witnesses;
v.
Entering any premises for the purpose of making any
inspection or investigation, enter any premises where the Ombudsman has a
reason to believe that any information relevant to the case may be found; and
Punjab Estacode 2013
vi.
The Ombudsman shall have the same powers as the High Court
has to punish any person for its contempt.
(2)
Ombudsman shall while making the decision on the complaint
may impose any of the minor or major penalties specified in sub-section (4) of
section 4.
11. Responsibility of
employer.–
(1) It shall be the responsibility of the employer to ensure
implementation of this Act, including but not limited to incorporate the Code
of Conduct for protection against harassment at the workplace as a part of
their management policy and to form Inquiry Committee referred to in section 3
and designate a competent authority referred to in section 4.
(2)
The management shall display copies of the Code in English as
well as in language understood by the majority of employees at conspicuous
place in the organization and the workplace within six months of the
commencement of this Act.
(3)
On failure of an employer to comply with the provisions of
this section any employee of an organization may file a petition before the
District Court and on having been found guilty the employer shall be liable to
fine which may extend to one hundred thousand rupees but shall not be less than
twenty-five thousand rupees.
12.
Provisions of the Act in addition to and not in derogation of
any other law.–
The provisions of this Act shall be in addition to and not in derogation of
any other law for the time being in force.
13.
Power to make rules.– The Federal Government may make rules to carry out
the purposes of this Act.
Schedule
[See sections 2(c) and 11]
CODE OF CONDUCT FOR PROTECTION AGAINST HARASSMENT
OF WOMEN AT THE WORKPLACE
Whereas it is expedient to make the Code of Conduct at the Workplace, etc., to provide protection and safety to women against harassment it is hereby provided as under:
(i)
The Code provides a guideline for behavior of all employees,
including management, and the owners of an organization to ensure a work
environment free of harassment and intimidation;
(ii)
“Harassment” means any unwelcome sexual advance, request for
sexual favors or other verbal or written communication or physical conduct of a
sexual nature, or sexually demeaning attitudes, causing interference with work
performance or creating an intimidating, hostile or offensive work environment,
or the attempt to punish the complainant for refusal to comply with such a
request or is made a condition for employment;
The above is unacceptable behavior in the organization and at the workplace, including in any interaction or situation that is linked to official work or official activity outside the office.
Explanation:
There are three significant manifestations of harassment in the work environment:
(a) Abuse of authority.
A demand by a person in authority, such as a supervisor, for sexual favors in order for the complainant to keep or obtain certain job benefits, be it a wage increase, a promotion, training opportunity, a transfer or the job itself.
(b) Creating a hostile environment.
Any unwelcome sexual advance, request for sexual favors or other verbal or physical conduct of a sexual nature, which interferes with an individual’s work performance or creates an intimidating, hostile, abusive or offensive work environment.
The typical “hostile environment” claim, in general, requires finding of a pattern of offensive conduct, however, in cases where the harassment is particularly severe, such as in cases involving physical contact, a single offensive incident will constitute a violation.
(c) Retaliation.
The refusal to grant a sexual favor can result in retaliation, which may include limiting the employee’s options for future promotions or training, distorting the evaluation reports, generating gossip against the employee or other ways of limiting access to his/her rights. Such behavior is also a part of the harassment.
Punjab Estacode 2013
(iii)
An informal approach to resolve a complaint of harassment may
be through mediation between the parties involved and by providing advice and
counseling on a strictly confidential basis;
(iv) A complainant or a
staff member designated by the complainant for the purpose may report an
incident of harassment informally to her supervisor, or a member of the Inquiry
Committee, in which case the supervisor or the Committee member may address the
issue at her discretion in the spirit of this Code. The request may be made
orally or in writing;
(v)
If the case is taken up for investigation at an informal
level, a senior manager from the office or the head office will conduct the
investigation in a confidential manner. The alleged accused will be approached
with the intention of resolving the matter in a confidential manner;
(vi) If the incident or the
case reported does constitute harassment of a higher degree and the officer or
a member reviewing the case feels that it needs to be pursued formally for a
disciplinary action, with the consent of the complainant, the case can be taken
as a formal complaint;
(vii)
A complainant does not necessarily have to take a complaint
of harassment through the informal channel. She can launch a formal complaint
at any time;
(viii)
The complainant may make formal complaint through her
incharge, supervisor, CBA nominee or worker's representative, as the case may
be, or directly to any member of the Inquiry Committee. The Committee member
approached is obligated to initiate the process of investigation. The
supervisor shall facilitate the process and is obligated not to cover up or
obstruct the inquiry;
(ix)
Assistance in the inquiry procedure can be sought from any
member of the organization who should be contacted to assist in such a case;
(x)
The employer shall do its best to temporarily make
adjustments so that the accused and the complainant do not have to interact for
official purposes during the investigation period. This would include
temporarily changing the office, in case both sit in one office, or taking away
any extra charge over and above their contract which may give one party
excessive powers over the other's job conditions. The employer can also decide
to send the accused on leave, or suspend the accused in accordance with the
applicable procedures for dealing with the cases of misconduct, if required;
(xi) Retaliation from either
party should be strictly monitored. During the process of the investigation
work, evaluation, daily duties, reporting structure and any parallel inquiries
initiated should be strictly monitored to avoid any retaliation from either
side;
(xii)
The harassment usually occurs between colleagues when they
are alone, therefore, usually it is difficult to produce evidence. It is
strongly recommended that staff should report an offensive behavior immediately
to someone they trust, even if they do not wish to make a formal complaint at
the time. Although not reporting immediately shall not affect the merits of the
case; and
Miscellaneous
(xiii) The Code lays down the minimum standards of behavior regarding protection of women from harassment at workplace, etc., but will not affect any better arrangement that an organization may have developed nor will it bar the grant of protection that employees working in an institute may secure from their employers through negotiation.
STATEMENT OF OBJECTS AND REASONS
The objective of this Act is to create a safe working environment for women, which is free of harassment, abuse and intimidation with a view toward fulfillment of their right to work with dignity. It will also enable higher productivity and a better quality of life at work. Harassment is one of the biggest hurdles faced by working women preventing many who want to work to get themselves and their families out of poverty. This Act will open the path for women to participate more fully in the development of this country at all levels.
This Act builds on the principles of equal opportunity for men and women and their right to earn a livelihood without fear of discrimination as stipulated in the Constitution. This Act complies with the Government’s commitment to high international labour standards and empowerment of women. It also adheres to the Human Rights Declaration, the United Nation’s Convention for Elimination of all forms of Discrimination Against Women and ILO’s convention 100 and 111 on workers’ rights. It adheres to the principles of Islam and all other religions in our country which assure women’s dignity.
This Act requires all public and private organizations to adopt an internal Code of Conduct and a complain/appeals mechanism aimed at establishing a safe working environment, free of intimidation and abuse, for all working women. It shall also establish an Ombudsman at Federal and provincial levels.
Government of
No.1/15/2010-IMP-II
Dated the 29th July 2010
Subject: PRIME MINISTER’S DIRECTIVE FOR IMPLEMENTATION OF PROTECTION AGAINST HARASSMENT OF WOMEN AT THE WORK PLACE ACT, 2010
Kindly enclosed a copy of Prime Minister’s Secretariat U.O. No. 3(183)DS(Imp-I)/2010 dated 22.07.2010 along with its enclosure on the subject mentioned above.
2. It is requested that necessary action may please be taken to implement the Prime Minister’s Directive as per enclosed proforma and a compliance report be furnished to Cabinet Division at the earliest for onward submission to the Prime Minister’s Secretariat (Public).
PRIME MINISTER’S
SECRETARIAT (PUBLIC),
Subject: IMPLEMENTATION OF PROTECTION AGAINST HARASSMENT OF WOMEN AT THE WORKPLACE ACT, 2010
The Parliament has approved a law on “Protection against Harassment of Women at the Workplace Act, 2010” and notified on 11th March, 2010. All Ministries/Divisions/Attached Departments and Provincial Governments were directed vide PS PM’s U.O. No. 65(11)/FSA/2010, dated 23.02.2010 to implement the Law in letter and spirit along with following measures:
i)
Adoption
of Code of Conduct prescribed in the law.
ii)
Constituting the three members committees of credible
persons, with at least one women member. The committees will immediately
address the complaints of sexual harassment as per law, as and when received.
iii)
Ensuring that justice is done swiftly and retaliation against
the complaints is curbed.
iv)
Informing and educating the employees to make them more aware
of the provisions of the Act and to encourage a professional and dignified work
environment for the women in the public and private sections.
2.
Cabinet Division is requested to monitor the compliance with
the PM’s Directive on “Protection against Harassment of Women at the Workplace
Act, 2010” as per enclosed proforma and send a regular report to this
Secretariat till its implementation in all Ministries/Divisions/Departments
etc.
3.
This
issues with the approval of the Competent Authority.
Miscellaneous
PROFORMA
FOR MONITORING COMPLIANCE WITH PROTECTION AGAINST HARASSMENT OF WOMEN AT WORKPLACE ACT, 2010
Name of the Ministry/Department
Date
Kindly answer the following questions:
1)
Have you issued a directive or office memo informing the
staff that the Code of Conduct is a part of your policies?
Yes No
If Yes, its date of issue:
If No, reason for the delay:
2)
Have
you appointed your Inquiry Committee?
Yes No
If Yes, kindly give the names and contacts of he members and attach your notice of appointment;
i)
ii)
iii)
3)
Have
you displayed the Code of Conduct in your office?
Yes No
Location ;
4)
Have you given a briefing to the members of the inquiry
committee on the Code?
Yes No
5)
Would you like these members to go through a training
organized by the Ministry of Women’s Development or AASHA (An Alliance against
Sexual Harassment)?
Yes No
6)
Have
you conducted any Seminar or an Awareness Session for your staff or
related departments on the new legislation?
Yes No
If Yes, its dates:
A DIGNIFIED WORK ENVIRONMENT IS THE RIGHT OF
EVERY WOMAN AND MAN
Women Development Department
No.DSA(WDD)1-2/2012
Dated 2nd April 2012
Notification
The Chief Minister has been pleased to constitute Provincial Implementation Watch Committee, to facilitate, monitor and oversee the implementation process under the Protection Against Harassment of Women At the Workplace Act, 2010, comprising of the following:
1. Ms. Zakia Shahnawaz, Chairperson
Advisor to the Chief Minister
2.
Ms.
Arifa Khalid Pervez, MPA
3.
Ms.
Zeb Jaffar, MPA
4.
Ms.
Anjum Safdar, MPA
|
5. |
Secretary, Women Development Department, |
Member/Secretary |
|
|
Government of the |
of the Committee |
|
6. |
Representative of Higher Education Department |
|
|
7. |
Representative of School Education Department |
Not below the rank of |
|
8. |
Representative of Health Department |
Additional Secretary |
|
9. |
Representative of S&GA Department |
or Grade 19 officer in |
|
10. |
Representative of Special Education Department |
case of officers other |
|
11. |
Representative of Population Welfare Department than Secretariat |
|
12.
Representative
of Police/Home/Law Departments
13.
Ms. Mumtaz Mughal, Sr. Programme Officer Aurat Foundation,
14.
Ms. Bushra Khaliq, Executive Director, WISE,
15.
Dr. Shehla Javed Akram, President, WCOC&C,
16.
Mr.
Almas Haider, Industrialist
17.
Mr. Nadeem Fazil Ayaz, Advocate High Court
18.
Ms. Hina Hafeez Ullah, Advocate High Court
19.
Ms.
Fakhra Tehrim, Daily Jang,
20.
Representative
of Electronic (TV/Radio) Channel
2.
OBJECTIVE
OF THE COMMITTEE
1.
Mobilize support from higher Government offices to intervene
and expedite the implantation process under Protection Against Harassment of
Women at Workplace Act, 2010.
2.
Ensure coordination between all stakeholders, donor partners,
Government organizations, private sector, civil society, working women and
media with the aim of collecting information, maintaining and monitoring
database; developing linkage and disseminating education information.
3.
Facilitate and monitor full compliance with organizations
with the Protection Against Harassment of Women at Workplace Act, 2010.
Miscellaneous
4.
Ensure sensitization of the law enforcing agencies and
facilitate a few harassment cases that can set precedence.
5.
Engage with relevant Government departments to oversee
setting up of the office of the Ombudsperson.
3.
TERMS
OF REFERENCE OF THE COMMITTEE
1.
The
Committee will meet at least once in every three months.
2.
The
Chair can constitute sub-committees for specific tasks.
3.
The
Committee will set strategy and targets.
4.
The Committee will prepare reports for its own members on
quarterly basis.
Extract
From Civil Services Rules
(Volume I – Part–I)
JOINING TIME
Miscellaneous
Extract from Civil Services Rules, (Volume–I Part–I)
CHAPTER IX – JOINING TIME
CONDITIONS UNDER WHICH ADMISSIBLE
9.1
Joining
time may be granted to a Government servant to enable him –
a)
to join a new post to which he is appointed while on duty in
his old post; or
b)
to
join a new post –
i)
on return from leave on average pay of not more than four
months duration in respect of Government servants subject to the leave rule sin
section II of chapter VIII, or from earned leave not exceeding 120, 90 or 30
days as the case may be, in respect of Government servants subject to the leave
rules in section III of chapter VIII; or
ii)
when he has not had sufficient notice of his appointment to
the new post, on return from leave other than that specified in sub clause (i);
or
c)
to travel from the port of debarkation or, in the case of
arrival by air craft, from its first regular port in Pakistan and to organize
his domestic establishment when he returns from leave out of Pakistan of more
than four months duration in respect of Government servants subject to the leave
rules in section II of chapter VIII, or of more than 120, 90 or 30 days
duration as the case may be, in respect of Government servants subject to leave
rules in section III of chapter VIII; or
d)
i) to proceed from a specified station to join a post in a
place in a remote locality which is not easy of access; or
ii)
to proceed on relinquishing charge of a post in a place in a
remoter locality which is not easy of access to a specified station.
Note 1 The authority which granted the leave will decide whether the notice
referred to in clause (b) (ii) was insufficient.
Note 2 Joining time is admissible to a Government servant under clause (c)
of this rule for organizing his domestic establishment even if he does
not make any journey from the port of debarkation.
Note 3 The joining time and traveling allowance of military officers in civil
employ are governed by the civil rules in virtue of the provisions of
paragraph 593 of the
Regulations for the Army in
paragraph 2 (iii) and
14 of the Defence Services Regulations,
Passage Regulations, respectively read with Fundamental Rule 3.
These rules admit of the grant of joining time and traveling
Punjab Estacode 2013
allowance to military officers in civil, employ not only on the occasion of their transfer to the civil employ and retransfer to military employ but also when they are actually serving in civil employ. For the purposes of these rules, privilege leave under the military leave rules should be treated as leave on average pay of not more than four months duration.
Note 4 The time reasonably required for journeys between the place of
training and the stations to which a Government servant is posted
immediately before and after the period of training should be treated
as part of the training period. This does not apply to probationers
holding "training posts" which they may be considered as taken with
them on transfer. Such probationers are entitled to joining time when
transferred.
Note 5 When a Government servant holding a temporary post is offered
through his official superior another such post at some other station
at any time before the abolition of his post, he is entitled to joining
time.
Note 6 No joining time, joining time pay or traveling allowance shall be
granted to a provincial Government servant who is appointed to a
post under the central Government but join his new post after
termination of his employment under the provincial Government by
resignation or otherwise, unless the employment of a particular
Government servant is in the wider public interest. The same applies
to a servant of the central Government or of another provincial
Government who, in similar circumstances, is appointed to a post
under the Punjab Government. Further, when a Government servant
of one department is appointed to a post in another department, both
departments being under the Punjab Government, but joins his new
post after termination of his employment under the old department
no joining time, joining time pay or traveling allowance shall be
allowed unless it is in the public interest to do so. If joining time is
allowed in any case it should be the minimum necessary and should
in no case exceed the transit period.
Note 7 Joining time, joining time pay and traveling allowance of
Government servants
appointed to post
under the
Government on the results of a competitive examination, which is
open to both Government servants and others, is regulated as under:
a)
traveling allowance, joining time and joining time pay should
ordinarily be allowed to all Government servants serving under the central or
provincial Governments who hold permanent posts in a substantive capacity and
that;
b)
no traveling allowance, joining time pay should be granted in
the case of those who are employed in a temporary capacity without the sanction
of Government.
Miscellaneous
9.2
No joining time is allowed in cases when a Government servant
is transferred from one post to another in the same office establishment.
9.3
a)
A Government servant
on transfer during
a vacation may be
permitted to take joining time at the end of the vacation.
b)
When vacation is combined with leave on average pay or earned
leave, joining time shall be regulated under Rule 9.1 (b) (i) if the total
period of leave on average pay and vacation is not more than four months in the
case of Government servants subject to the rules in section II of chapter VIII,
or not more than 120, 90 or 30 days as the case may be in the case of
Government servants subject to leave rules in section III of chapter VIII; and
under clause (c) if vacation combined with leave out of Pakistan exceeds these
limits.
9.4
If a Government servant takes leave while in transit from one
post to another, the period which has elapsed since he handed over charge of
his old post must be concluded in his leave, unless the leave is taken on
medical certificate. In the latter case, the period may be treated as joining
time.
CALCULATION OF JOINING TIME
9.5 When transfer to a new post involves a change of station, joining time is calculated as follows, subject to a maximum of thirty days –
i)
Six
days for preparation, and, in addition thereto:
|
For the portion of the journey |
|
|
|
which the Government servant |
A day for each |
|
|
travels or might travel |
. |
|
|
By railway |
250 miles |
|
|
By ocean steamer |
200 miles |
or any longer |
|
By river steamer |
80 miles |
time actually |
|
By motor car or motor–lorry |
80 miles |
occupied in |
|
By mail cart or other public |
80 miles |
the journey |
|
stage conveyance drawn by horses |
|
|
|
In any other way |
15 miles |
|
An extra day is allowed for any fraction of distance over that prescribed
above.
ii)
When part of the journey is performed by steamer, the days
intervening between the Government servant being set free from his office or,
if he has no office, receiving his orders, and the departure of the steamer or
his start duly regulated to catch the steamer shall be added.
iii)
When air journeys for transfer are performed in the interest
of public service by a Government servant entitled to travel by air or
specially authorized to do so by a competent authority, 6 days for preparation
Punjab Estacode 2013
and in addition, the number of days actually taken in the air journey should be allowed as joining time.
Note 1: The administrative secretary of the department concerned will be the competent authority in such case.
Note 1: Sundays are not included in the above calculations, though they are included in the maximum limit of thirty days.
Note 2: A journey by road of five miles or under, to or from a railway station from or to the chief public office of the place, does not count for joining time.
Note 3: In view of the uncertainty which exists as to the point of departure of the ferry steamer from Ghazi Ghat during the flood season, two days instead of one will be allowed as joining time for the journey of about 29 miles between Dera Ghazi Khan and Ghazi Ghat when the bridge of boats is not up. When this extra day is demanded the claim should be supported by the certificate of the senior officer of the Public Works Department in Dera Ghazi Khan.
9.6
Only one day is allowed for joining a post which does not
necessarily involves a change of residence from one station to another. A
gazetted holiday counts as a day for the purpose of this rule.
9.7
By whatever route a Government servant travels, his joining
time shall, unless a competent authority specially permits otherwise, be
calculated by the route which travelers habitually use.
9.8
(a)
The joining time of a Government servant under clause (b) (i) and
(ii)
of rule 9.1 will be counted from his old station or from the
place where he receives the order of transfer whichever calculation would
entitle him to less joining time. If the leave is being spent out of
(b)
A Government servant taking joining time under clause (b) (i)
of Rule 9.1 who receives, while on leave (whether spent in or out of Pakistan
orders of transfer to a station other than that from which he took leave, will
be granted full joining time admissible under clause
(a)
above and irrespective of the date on which the orders of
transfer are received by him. Should he join his new appointment before the
expiry of leave plus the joining time admissible the period short taken should
be considered as leave not enjoyed, and a corresponding portion of the leave
sanctioned should be cancelled without any reference to the authority which
granted the leave. If in any case, the Government servant desires not to avail
himself of the full period of joining time admissible, the periods of leave and
joining time should be adjusted with reference to such option.
9.9
The joining time admissible under clause (c) Rule 9.1 should
be calculated from the date of debarkation of the Government servant at the
Miscellaneous
manner prescribed in Rule 9.5; provided that it shall, if he so desires, be subject to a minimum of ten days.
Note: The joining time of a Government servant who returns from leave out of Pakistan and disembarks, not at the first port of call in Pakistan but at another such port, should be reckoned from the day of arrival of the vessel at the second or subsequent port at which he actually disembarks, whether the sea journey from the first port of call in Pakistan to the subsequent port of disembarkation is made in the same steamer which takes him to the first port of call or in some other steamer.
9.10
If a Government servant is authorized to make over charge of
a post elsewhere than at his headquarters, his joining time shall be calculated
from the place at which he actually makes over charge.
9.11
If a Government servant is appointed to a new post while in
transit from one post to another, his joining time begins on the day following
that on which he receives the order of appointment.
Note A second period of six days for preparation should not be included in calculating the joining time of a Government servant whose appointment is changed while he is in transit.
9.12 When a Government servant under the administrative control of the Punjab Government is transferred to the control of another Government, his joining time for the journey to join his post under that Government and for the return journey will be governed by the rules of that Government.
PAY DURING JOINING TIME
9.13 A Government servant on joining time shall be regarded as on duty, and shall be entitled to be paid as follows:
a)
If on joining time under clause (a) of Rule 9.1 he is
entitled to the pay which he would have drawn if he had not been transferred;
or the pay which he will draw on taking charge of his new post, whichever is
less.
b)
If
on joining time under clause (b) or (c) of Rule 9.1 he is entitled –
i)
When returning from extraordinary leave, other than
extraordinary leave not exceeding fourteen days granted in continuation of
other leave, to no payments at all; and
ii)
When returning from leave of any other kind, to the leave salary
which he last drew on leave at the rate prescribed for the payment of leave
salary in
c)
If on joining time under clause (d) of Rule 9.1, he is
entitled to pay as though he were on duty in his post.
Punjab Estacode 2013
Note–1: A ministerial servant on transfer is not entitled to be paid while on joining time unless his transfer is made in the public interests.
Note–2: A military officer subject to the Military Leave Rules who retains a lien on his civil post is entitles, on joining time, under sub–clause (ii) of clause of
(b) above, to draw the same amount of leave salary which he would have drawn had he taken leave under Civil Leave Rules, provided that such leave salary shall not be less than that which be actually drew during the last portion of his leave.
Note–3: The words “if he had not been transferred" in clause (a) of this rule should be interpreted in the sense, “if he had continued in his old post”.
Note–4: The words “in his post” occurring in clause (c) of this rule mean the post is the remote locality even in the case of a Government servant on straight transfer.
Note–5: See also notes 1 and 2 under Rule 4.9 (a).
9.14. In the Public Works Department no extra pay (where the transfer involves the grant of extra pay) can be drawn in any case by a relieving Government servant, until the transfer is complete, but as far as ordinary pay and allowances are concerned an exception may be made to the general rule in all cases in which the charge to be transferred (whether a division, a sub–division or other charge) consists of several scattered works which the relieving and the relieved Government servants are required, by the orders of a superior officer to inspect together before the transfer can be completed. The relieving period taken in carrying out these inspections is not considered by the Superintending Engineer to be excessive. While so taking over charge, the relieving Government servant will draw:
i)
if he is transferred from a post which he holds
substantively, his presumptive pay in that post;
ii)
if he is transferred from a post which he has held in an
officiating capacity, the officiating pay admissible in that post provided it
is not more than the pay he would draw after the transfer is complete;
otherwise his presumptive pay in the permanent post on which he had a lien
prior to transfer;
iii)
if he returns from leave his presumptive pay in the post on
which he retained a lien during the leave.
Note: The concession of house–rent allowance or free quarters ordinarily admissible to a Government servant should be treated as “ordinary pay and allowances” within the meaning of this rule and is admissible to both the relieved and the relieving Government servants during the period occupied by them in handing over the taking over charge.
9.15. The application of rule 9.14,
which forms an exception to the general rule and which concerns the Public
Works Department only, has also been extended to the transfer of charge
specified in column 2 of the table below in the case of the following departments.
The authority noted in column 3 against each is to determine whether the period
spent in completing the transfer of charge is not excessive:
|
5.Judicial |
Ahlmads and Record– |
District and Sessions Judge |
|
|
keepers in the courts of |
concerned up to 10 days. |
|
|
District and Sessions Judges |
|
|
|
including Additional District |
|
|
|
and Sessions Judges. |
|
|
|
Ahlmads, Execution |
Presiding officer of the court up to |
|
|
Moharrirs, Guardian |
7 days and District and Sessions |
|
|
Moharrirs in the courts of |
judges up to 10 days. |
|
|
senior and other subordinate |
|
|
|
judges and administrative |
|
|
|
subordinate judges and |
|
|
|
readers to administrative |
|
|
|
subordinate judges. |
|
|
|
Ahlmads, Naib Sheriffs–in– |
Ditto |
|
|
charge of execution work |
|
|
|
and insolvency clerk in small |
|
|
|
courts. |
|
OVERSTAYAL AND EXTENSION OF JOINING TIME
9.16. A Government servant who does not join his post within his joining time is entitled to no pay or leave salary after the end of the joining time. Willful absence from duty after the expiry of joining time may be treated as misbehaves for the purpose of Rule 3.19.
9.17 (a) A competent authority will, if necessary, extend the joining time as calculated by Rule 9.5. provided the general spirit of the rules is observed.
(b) Within the maximum of thirty days, Heads of Departments, may, in the case of Government servants of Provincial Services, Temporary Engineers, Temporary Deputy Collectors and non–gazetted subordinates under their control, extend the joining time admissible by rules –
i)
If the Government servant has been unable to avail himself of
the usual mode of traveling, or if notwithstanding, due diligence on his part,
the journey has occupied more time than is allowed by the rules
– to the extent of time actually necessary.
ii)
If such extension is considered necessary for the public
convenience or for the saving of public expense, as for example, to prevent
unnecessary and merely formal transfers to the extent necessary.
iii)
If the rules have in any particular case operated harshly, as
for example, if a Government servant has through no fault on his part missed a
steamer or fallen sick on the journey – to the extent necessary.
JOINING TIME TO PERSONS NOT IN GOVERNMENT
SERVICE ON JOINING THE GOVERNMENT
SERVICE AND ON REVERSION FROM IT
9.18. If a person in employment other than Government service or on leave, granted from such employment, is, in the interests of Government, appointed to a post under Government, he may, at the discretion of the competent authority, be treated as on joining time while he prepares for and makes the journey to join the post under Government, and while he prepares for and makes the journey on reversion from the post under Government to return to his original employment. During such joining time he shall receive pay equal to the pay, or, in the case of joining time immediately following leave granted from the private employment, to the leave salary, paid to him, by his private employer prior to his appointment to Government service or pay equal to the pay of the post in Government service, whichever is less.
Punjab Estacode 2013
NO. 2319–SO(SR)IV/73
Dated the 16th November 1973
Subject: EXTENSION IN JOINING TIME
I am directed to state that a large number of cases are being referred to the Finance Department for extension of joining time in order to regularize delays in the issue of posting orders on grounds of administrative difficulties. Examination in the finance Department reveals that in most cases the delay is due mainly to the indifference of the officials/officers responsible for issuing the posting orders and no real administrative difficulties are involved. This results in undue hardship to the Government servants concerned and avoidable expenditure to the Government.
2. In this connection, attention is invited to the Government of West Pakistan, Finance Department's circular letter No. 1022–SRVI–64, dated the 9th June, 1964 (copy attached) wherein the administrative authorities were informed that the Government took a serious view of delays in the posting orders and the officials responsible for such delay would be held responsible for loss to the Government. It appears that the instructions in question have been lost sight of with the passage of time. I am to request that the need for exercising due vigilance in issuing the posting orders of the Government servants reporting for duty after joining time, etc. may be re–emphasized and brought home to all the Government functionaries dealing with the cases regarding postings and transfers of other Government servants. In future, whenever a proposal is sent to the Finance Department for extension in joining time of a Government servant detailed reasons for delay in issuing the posting orders must be clearly stated and the action taken against the persons responsible for delay should also be indicated.
Copy of the circular letter No. 1022–SR–VI–64, dated the 9th June 1964, from Sh. Aziz–ud–Din Naik, Deputy Secretary (Service Regulations) to Government of West Pakistan, Finance Department to All Administrative Secretaries, All Heads of attached department etc.
Subject: EXTENSION IN JOINING TIME
I am
directed to say that of late Finance Department has noticed that proposals are
rapidly increasing for the extension of joining time to regularize delays in
issuing posting orders of Government servants on the ground of administrative
difficulties. Examination of these proposals showed that normally the plea of
administrative difficulties was non existent and that the delays were due to
negligence on the part of the department in taking timely decisions. As in such
cases Government servants concerned cannot be made to suffer for no fault of
theirs, the result was that Government had to suffer an unmerited loss involved
in payment of salaries for periods for which the Government servants had not
worked. Government in the Finance Department has taken a serious note of this
situation and desires that it may be brought to the notice of all officers that
in future such omissions on the part of the Government departments and of
officers will be seriously taken notice of and officials responsible for such
negligence will be held responsible for losses to Government.
The Punjab Office of the Ombudsman Act, 1997
N O T I F I C A T I O N
JUNE 30, 1997
No.Legis–2(5)/97/88. The Punjab Office of the Ombudsman
Bill 1997, having been passed by the Provincial Assembly of the Punjab
on June 25, 1997 and assented to by the Governor of the Punjab on June 27,
1997, is hereby published as an Act of the Provincial Assembly of the
THE
Act X of 1997
[First published, after having
received the assent of the Governor of the Punjab, in the Gazette of the
An
Act
to provide
for the establishment of the office of Ombudsman in the Province of the
Preamble WHEREAS it is expedient to provide for the appointment of the Provincial Ombudsman for protection of the rights of the people, ensuring adherence to the rule of law, diagnosing, redressing and rectifying any injustice done to a person through maladministration and suppressing corrupt practices.
It is hereby enacted as follows:
1.
Short
title, extent and commencement
1)
This Act may be called the Punjab Office of the Ombudsman Act
1997.
2)
It
extends to the Province of the
3)
It
shall come into force at once.
2.
Definitions
In this Act, unless there is anything repugnant in the
subject or context –
1)
“Agency” means a Department, Commission or office of the Provincial
Government or a statutory corporation or other institution established or
controlled by the Provincial Government but does not include the High Court and
courts working under the supervision and control of the High Court, and the
Provincial Assembly of the
2)
“maladministration”
includes:
i)
a decision, process, recommendation, act or omission or
commission which:
a)
is
contrary to law, rules or regulations or is a departure from established
practice or procedure, unless it is bonafide and for valid reasons; or
b)
is
perverse, arbitrary or unreasonable, unjust biased,
oppressive, or discriminatory; or
c)
is
based on irrelevant grounds; or
d)
involves the exercise of powers or the failure or refusal to
do so, for corrupt or improper motives, such as, bribery, jobbery, favouritism,
nepotism and administrative excesses; and
Miscellaneous
ii)
neglect, inattention, delay, incompetence, inefficiency and
ineptitude, in the administration or discharge of duties and responsibilities;
3)
“Office”
means the office of the
Ombudsman;
4)
“Ombudsman” means the Ombudsman for the
5)
“Prescribed”
means prescribed by rules
made under this Act;
6)
“Public servant” means a public servant as defined in
section 21 of the Pakistan Penal Code 1860, and includes a
Minister, Advisor, Parliamentary Secretary and the Chief Executive, Director or
other officer or employee or member of an Agency ; and
7)
“Staff” means any employee or commissioner of the Office and includes
co–opted members of the staff, consultants, advisors, bailiffs, liaison
officers and experts.
3.
Appointment
of Ombudsman
1)
There shall be an Ombudsman, for the
2)
An Ombudsman shall be a person who is, or has been or is
qualified to be a judge of the High Court @or any other person of known integrity.
3)
Before entering upon office, the Ombudsman shall take an oath
before the Governor in the form set out in the First Schedule to this Act.
4)
The Ombudsman shall, in all matters, perform his functions
and exercise his powers fairly, honestly, diligently and independently of the
Executive and all executive authorities throughout the Province shall act in
aid of the Ombudsman.
4.
Tenure
of the Ombudsman
1)
The Ombudsman shall hold office for a period of **four years and shall not be eligible for any extension
of tenure or for re– appointment as Ombudsman under any circumstances: *Provided that a sitting Judge of the High Court working
as Ombudsman may be called back by the competent authority before expiry of his
tenure.
2)
The Ombudsman may resign his office by writing under his hand
addressed to the Governor.
5.
Ombudsman
not to hold any other office of profit, etc.
1)
The
Ombudsman shall not
a)
hold any other office of profit in the service of
b)
occupy any other position carrying the right to remuneration
for the rendering of services.
@The words ‘or any other person’ inserted vide the Punjab Office of the Ombudsman (Amendment) Act 2003 (Act III of 2003).
**The word ‘four’ inserted vide the Punjab Office of the Ombudsman (Amendment) Act 2003 (Act III of 2003).
*Proviso added vide the Punjab Office of the Ombudsman (Amendment) Act 2003 (Act III of 2003).
Punjab Estacode 2013
2)
The Ombudsman, **not being a sitting Judge of the High Court shall not
hold any office of profit in the @service of Pakistan before the expiration of two years after he has ceased
to hold that office nor shall he be eligible during the tenure of office and
for a period of two years thereafter for election as a member of Parliament or
a Provincial Assembly or any local body or take part in any political activity.
6.
Terms
and conditions of service and remuneration of Ombudsman
1)
The Ombudsman shall be entitled to such salary, allowances
and privileges and other terms and conditions of service as the Government may
determine and these terms shall not be varied during the term of office of an
Ombudsman.
2)
The Ombudsman may be removed from office by the Government on
the ground misconduct or of being incapable of properly performing the duties
of his office by reason of physical or mental incapacity. The Government shall
provide the Ombudsman a copy of charges before such an order.
Provided that the Ombudsman, may, if he sees fit and appropriate to refute any charges, request an open public evidentiary hearing before a Division Bench of the High Court and if such hearing is not held within thirty days from the date of the receipt of such request or not concluded within ninety days of its receipt, the Ombudsman will be absolved of all stigma. In such circumstances, the Ombudsman may choose to leave his office and shall be entitled to receive full remuneration and benefits for the rest of his term.
3)
If the Ombudsman makes a request under the proviso to sub–
section (2), he shall not perform his functions under this Act until the
hearing before the High Court has concluded.
4)
An Ombudsman removed from office on the ground of misconduct
shall not be eligible to hold any office of profit in the service of
7.
Acting
Ombudsman
At any time when the office of Ombudsman is vacant, or
the Ombudsman is
absent or is unable to perform his functions due to any cause, the Government shall appoint an acting Ombudsman.
8.
Appointment
and terms and conditions of service of staff
(1)
The members of the staff, other than those mentioned in
section 20 or those of a class specified by the Government by order in writing
shall be appointed by the Government in consultation with the Ombudsman.
(2)
It shall not be necessary to consult the Provincial Public
Service Commission for making appointment of the members of the staff or on
matters relating to qualifications for such appointment and method of their
recruitment.
**
The words ‘not being a sitting Judge of the High Court’
inserted vide the Punjab Office of the Ombudsman (Amendment) Act 2003 (Act
III of 2003).
@
The words ‘service of
Miscellaneous
(3)
The members of the staff shall be entitled to such salary,
allowances and other terms and conditions of service as may be prescribed
having regard to salary, allowances and other terms and conditions of service
that may for the time being be admissible to other employees of the Provincial
Government in the corresponding Basic Pay Scale.
(4)
Before entering upon office a member of the staff mentioned
in subsection (1) shall take an Oath before the Ombudsman in the form set out
in the Second Schedule to this Act.
9.
Jurisdiction,
functions and powers of the Ombudsman
(1)
The Ombudsman may on a complaint by any aggrieved person, on
a reference by the Government or the Provincial Assembly, or on a motion of the
Supreme Court or the High Court made during the course of any proceedings
before it or of his own motion, undertake any investigation into any allegation
of maladministration on the part of any Agency or any of its officers or
employees:
Provided
that the Ombudsman shall not have any jurisdiction to investigate or inquire
into any matters which:
(a)
are subjudice before a Court of competent jurisdiction on the
date of the receipt of a complaint, reference or motion by him or
(b)
relate to the external affairs of
(c)
relate to, or are connected with, the defence of
(2)
Notwithstanding anything contained in subsection (1), the
Ombudsman shall not entertain for investigation any complaint by or on behalf
of a public servant or functionary concerning any matters relating to the
Agency in which he is, or has been, working, in respect of any personal
grievance relating to his service therein.
(3)
For carrying out the objectives of this Act and, in
particular for ascertaining the root causes of corrupt practices and injustice,
the Ombudsman may arrange for studies to be made or research to be conducted
and may recommend appropriate steps for their eradication.
10.
Procedure
and evidence
(1)
A complaint shall be made on solemn affirmation or oath and
in writing addressed to the Ombudsman by the person aggrieved or, in the case
of his death, by the legal representative and may be lodged in person at the
Office or handed over to the Ombudsman in person or sent by any other means of
communication to the Office.
(2)
No anonymous or pseudonymous complaints shall be entertained.
(3)
A complaint shall be made not later than three months from
the day on which the person aggrieved first had the notice of the
Punjab Estacode 2013
matter alleged in the complaint, but the Ombudsman may conduct, any investigation pursuant to a complaint which is not within time if he considers that there are special circumstances which made it proper for him to do so.
(4)
Where the Ombudsman proposes to conduct an investigation he
shall issue to the principal officer of the Agency concerned, and to any other
person who is alleged in the complaint to have taken or authorized the action
complained of, a notice calling upon him to meet the allegations contained in
the complaint, including rebuttal: “Provided that the Ombudsman may proceed
with the investigation if no response to the notice is received by him from
such principal officer or other person within thirty days of the receipt of the
notice or within such longer period as may have been allowed by the Ombudsman”.
(5)
Every investigation shall be conducted informally but, the
Ombudsman may adopt such procedure as he considers appropriate for such
investigation and he may obtain information from such persons and in such
manner and make such inquiries as he thinks fit.
(6)
A person shall be entitled to appear in person or be
represented before the Ombudsman.
(7)
The Ombudsman shall, in accordance with the rules made under
this Act pay expenses and allowances to any person who attends or furnishes
information for the purposes of an investigation.
(8)
The conduct of an investigation shall not affect any action
taken by the Agency concerned, or any power or duty of that Agency to take
further action with respect to any matter subject to the investigation.
(9)
For the purpose of an investigation under this Act the
Ombudsman may require any officer or member of the Agency concerned to furnish
any information or to produce any document which in the opinion of the
Ombudsman is relevant and helpful in the conduct of the investigation and there
shall be no obligation to maintain secrecy in respect of disclosure of any
information or document for the purposes of such investigation:
Provided
that the Government may, in its discretion, on grounds of its being a State secret,
allow a claim of privilege with respect to any information or document.
(10)
In any case where the Ombudsman decides not to conduct an
investigation, he shall send to the complainant a statement of his reasons for
not conducting the investigation.
(11)
Save as otherwise provided in this Act, the Ombudsman shall
regulate the procedure for the conduct of business or the exercise of powers
under this Act.
11.
Recommendations
for implementation
(1)
If, after having considered a matter on his own motion, or on
a complaint or on a reference by the Government or the Provincial Assembly, or
on a motion by the Supreme Court or the High Court, as the case may be, the
Ombudsman is of the opinion that the matter considered amounts to
maladministration, he shall communicate his finding to the Agency concerned:
Miscellaneous
(a)
to
consider the matter further;
(b)
to modify or cancel the decision, process, recommendation,
act or omission;
(c)
to
explain more fully the act or decision in question;
(d)
to take disciplinary action against any public servant of any
Agency under the relevant laws applicable to him;
(e)
to dispose of the matter or case within a specified time; and
(f)
take
any other steps specified by the Ombudsman.
(2)
The Agency shall, within such time as may be specified by the
Ombudsman, inform him about the action taken on his direction or the reasons
for not complying with the same.
(3)
In any case where the Ombudsman has considered a matter, or
conducted an investigation, on a complaint or on reference by the Government or
the Provincial Assembly or on a motion by the Supreme Court or the High Court,
the Ombudsman shall forward a copy of the communication received by him from
the Agency in pursuance of sub–section (2) to the complainant or, as the case
may be, the Government, the Provincial Assembly, the Supreme Court or the High
Court.
(4)
If, after conducting an investigation, it appears to the
Ombudsman that an injustice has been caused to the person aggrieved in
consequence of maladministration and that the injustice has not been or will
not be remedied, he may, if he thinks fit, lay a special report on the case
before the Government.
(5)
If the Agency concerned does not comply with the
recommendations of the Ombudsman or does not give reasons to the satisfaction
of the Ombudsman for non–compliance, it shall be treated as “Defiance of
Recommendations” and shall be dealt with as hereinafter provided.
12.
(1)
If there is a ‘Defiance of recommendations’ by any public
servant in any Agency with regard to the implementation of a recommendation
given by the Ombudsman, the Ombudsman may refer the matter to the Government
which may, in its discretion, direct the Agency to implement the recommendation
and inform the Ombudsman accordingly.
(2)
In each instance of “Defiance of Recommendations” a report by
the Ombudsman shall become a part of the personal file or character roll of the
public servant primarily responsible for the defiance;
Provided
that the public servant concerned had been granted an opportunity to be heard
in the matter.
13.
Reference
by Ombudsman
Where, during or after an inspection or an
investigation, the Ombudsman is
satisfied that any person is guilty of any allegations as referred to in subsection (1) of section 9, the Ombudsman may refer the case to the concerned authority for appropriate corrective or disciplinary action, or both and the said authority shall inform the Ombudsman within thirty days of the receipt of reference of the action taken. If no information is received within this period, the Ombudsman may bring the matter to the notice of the Government for such action as he may deem fit.
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14.
Powers
of the ombudsman
(1)
The Ombudsman shall, for the purposes of this Act have the
same powers as are vested in a
(a)
summoning and enforcing the attendance of any person and
examining him on oath ;
(b)
compelling
the production of documents;
(c)
receiving
evidence on affidavits; and
(d)
issuing
commission for the examination of witnesses.
(2)
The Ombudsman shall have the power to require any person to
furnish information on such points or matters as, in the opinion of the
Ombudsman, may be useful for, or relevant to, the subject–matter of any inspection
or investigation.
(3)
The powers referred to in subsection (1) may be exercised by
the Ombudsman or any person authorized in writing by the Ombudsman in this
behalf while carrying out an inspection or investigation under the provisions
of this Act.
(4)
Where the Ombudsman finds the complaint referred to in sub–
section (1) section 9 to be false, frivolous or vexatious, he may award
reasonable compensation to the Agency, public servant or other functionary
against whom the complaint was made; and the amount of such compensation shall
be recoverable from the complainant as arrears of land revenue:
Provided
that the award of compensation under this subsection shall not debar the
aggrieved person from seeking any other remedy.
(5)
If any Agency, public or other functionary fails to comply
with a direction of the Ombudsman, he may, in addition to taking other actions
under this Act, refer the matter to the appropriate authority for taking
disciplinary action against the person who disregarded the direction of the
Ombudsman.
(6)
If the Ombudsman has reason to believe that any public
servant or other functionary has acted in a manner warranting criminal or
disciplinary proceedings against him, he may refer the matter to the
appropriate authority for necessary action to be taken within the time
specified by the Ombudsman.
(7)
The staff and the nominees of the Office may be commissioned
by the Ombudsman to administer oaths for the purposes of this Act and to attest
various affidavits, affirmations or declarations which shall be admitted in
evidence in all proceedings under this Act without proof of the signature or
seal or official character of such person.
15.
Power
to enter and search any premises
(1)
The Ombudsman, or any member of the staff authorized in this
behalf, may, for the purpose of making any inspection or investigation, enter
any premises where the Ombudsman or, as the case may be, such member has reason
to believe that any article, books of accounts, or any other documents relating
to the subject– matter of inspection or investigation may be found, and may –
(a)
search such premises and inspect any article, books of
accounts or other documents;
Miscellaneous
(b)
take extracts or copies of such books of accounts and
documents;
(c)
impound or seal such articles, books of accounts and
documents; and
(d)
make an inventory of such articles, books of account and
other documents found in such premises.
(2)
all searches made under subsection (1) shall be carried out mutatis
mutandis, in accordance with the provisions of the Code of Criminal
Procedure, 1898.
16.
Power
to punish for contempt
(1)
The Ombudsman shall have the same powers, mutatis mutandis,
as the High Court has to punish any person for its contempt who:
(a)
abuses, interferes with, impedes, imperils, or obstructs the
process of the Ombudsman in any way or disobeys any order of the Ombudsman;
(b)
scandalizes the Ombudsman or otherwise does anything which
tends to bring the Ombudsman, his staff or nominees or any person authorized by
the Ombudsman in relation to his office, into hatred, ridicule or contempt.
(c)
does anything which tends to prejudice the determination of a
matter pending before the Ombudsman; or
(d)
does any other thing which, by any other law, constitutes
contempt of Court.
Provided that fair comments made in good faith and in public interest on the working of the Ombudsman or any of his staff, or on the final report of the Ombudsman after the completion of the investigation shall not constitute contempt of the Ombudsman or his Office.
(2)
any person sentenced under subsection (1) may,
notwithstanding anything herein contained, within thirty days on the passing of
the order, appeal to the High Court.
17.
Inspection
Team
(1)
The Ombudsman may constitute an Inspection Team for the
performance of any of the functions of the Ombudsman.
(2)
An Inspection Team shall consist of one or more members of
the staff and shall be assisted by such other person or persons as the
Ombudsman may consider necessary.
(3)
An Inspection Team shall exercise such of the powers of the
Ombudsman as he may specify by order in writing and every report of the
Inspection Team shall first be submitted to the Ombudsman with its
recommendations for appropriate action.
18.
Standing
Committees, etc.
The Ombudsman may, whenever he thinks fit, establish
standing or
advisory committees at specified places, with specified jurisdiction for performing such functions of the Ombudsman as are assigned to them from time to time and every report of such committee shall first be submitted to the Ombudsman with its recommendations for appropriate action.
19.
Delegation
of powers
The Ombudsman may, by order in writing, delegate such
of his powers as
may be specified in the order, to any member of his staff or to a standing or advisory committee, to be exercised subject to such conditions as may be specified and every
Punjab Estacode 2013
report of such member or committee shall first be submitted to the Ombudsman with his or its recommendations for appropriate action.
20.
Appointment
of advisers, etc.
The Ombudsman may appoint competent persons of
integrity as advisors,
consultants, fellows, bailiffs, interns, commissioners and experts as well as ministerial staff with or without remuneration to assist him in the discharge of his duties under this Act.
21.
Authorization
of functionaries, etc.
The Ombudsman may, if he considers it expedient,
authorize a District
Judge or any agency, public servant or other functionary working under the administrative control of the Provincial Government to undertake the functions of the Ombudsman under subsection (1) or subsection (2) of section 14 in respect of any matter falling within his jurisdiction and it shall be the duty of the Agency, public servant or other functionary so authorized to undertake such functions to such extent and subject to such conditions as the Ombudsman may specify.
22.
Award
of costs and compensation and refund of amounts
(1)
The Ombudsman may, where he deems necessary, call upon a
public servant, other functionary or any Agency to show cause why compensation
be not awarded to an aggrieved party for any loss or damage suffered by him on
account of any maladministration committed by such public servant, other
functionary or Agency, and after considering the explanation, and hearing such
public servant, other functionary or Agency, award reasonable costs or
compensation and the same shall be recoverable as arrears of land revenue from
the public servant, functionary or Agency.
(2)
In cases involving payment of illegal gratification to any
employee of any Agency, or to any other person on his behalf, or
misappropriation, criminal breach of trust or cheating, the Ombudsman may order
the payment thereof for credit to the Government or pass such other order as he
may deem fit.
(3)
An order made under subsection (2) against any person shall
not absolve such person of any liability under any other law.
23.
Assistance
and advice to Ombudsman
(1)
The Ombudsman may seek the assistance of any person or
authority for the performance of his functions under this Act.
(2)
All officers of any Agency and any person whose assistance
has been sought by the Ombudsman in the performance of his functions shall
render such assistance to the extent it is within their power or capacity.
(3)
No statement made by a person or authority in the course of
giving evidence before the Ombudsman or his staff shall subject him to, or be
used against him in any civil or criminal proceedings except for prosecution of
such person for giving false evidence.
24.
Conduct
of business
(1)
The
Ombudsman shall be the Chief Executive of the Office.
(2)
The Ombudsman shall be the Principal Accounts Officer of the
Office in respect of the expenditure incurred against budget grant or grants
controlled by the Ombudsman and shall, for this purpose, exercise all the
financial and administrative powers delegated to an Administrative Department.
Miscellaneous
25.
Requirement
of affidavits
(1)
The Ombudsman may require any complainant or any party
connected or concerned with a complaint, or with any inquiry or reference to
submit affidavits attested or notarized before any competent authority in that
behalf within the time prescribed by the Ombudsman or his staff.
(2)
The Ombudsman may take evidence without technicalities and
may also require complainants or witnesses to take lie detection tests to
examine their veracity and credibility and draw such inferences that are
reasonable in all circumstances of the case especially when a person refuses,
without reasonable justification, to submit to such tests.
26.
Remuneration
of advisors consultants, etc.
(1)
The Ombudsman may, in his discretion, fix an honorarium or
remuneration for advisor, consultants, experts and interns engaged by him from
time to time for the services rendered.
(2)
The Ombudsman may, in his discretion fix a reward or
remuneration to any person for exceptional services rendered, or valuable
assistance given, to the Ombudsman in carrying out his functions:
Provided that the Ombudsman shall withhold the identity of that person, if so requested by the person concerned, and take steps to provide due protection under the law to such person against harassment, victimization, retribution, reprisals of retaliation.
27.
Ombudsman
and staff to be public servants
The Ombudsman, the employees, officers and all other
staff of the Office
shall be deemed to be public servant within the meaning of section 21 of the Pakistan Penal Code, 1860.
28.
Annual
and other reports
(1)
Within three months of the conclusion of the calendar year to
which the report pertains, the Ombudsman shall submit an Annual Report to the
Governor.
(2)
Simultaneously, such reports shall be released by the
Ombudsman for publication and copies thereof shall be provided to the public at
reasonable cost.
(3)
The Ombudsman may also, from time to time, make public any of
his studies, research, conclusions, recommendations, ideas or suggestions in
respect of any matters being dealt with by the Office.
(4)
The report and other documents mentioned in this section
shall be placed before the Provincial Assembly as early as possible.
29.
Bar
of jurisdiction
(i)
to question the validity of any action taken, or intended to
be taken, or order made, or anything done or purporting to have been taken,
made or done under this Act ; or
(ii)
to grant an injunction or stay or to make any interim order
in relation to any proceeding before, or anything done or intended to be done
or purporting to have been done by, or under the orders or at the instance of
the Ombudsman.
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30.
Immunity
No suit, prosecution
or other legal proceeding
shall lie against
the
Ombudsman, his staff, Inspection Team, nominees, members of a standing or advisory committee or any person authorized by the Ombudsman for anything which is in good faith done or intended to be done under this Act.
31.
Reference
by the Government
(1)
The Government may refer any matter, report or complaint for
investigation and independent recommendations by the Ombudsman.
(2)
The Ombudsman shall promptly investigate any such matter
report or complaint and submit his findings or opinion within a reasonable
time.
(3)
The Government, may, by notification in the Official Gazette,
exclude specified matters, from the operation of any of provisions of this Act.
32.
Representation
to Governor
Any person aggrieved by a decision or order of the
Ombudsman may,
within thirty days of the decision or order, make a representation to the Governor, who may pass such order thereon as he may deem fit.
33.
Informal
resolution of disputes
(1)
Notwithstanding anything contained in this Act, the Ombudsman
and a member of the staff shall have the authority to informally conciliate,
amicably resolve, stipulate, settle or ameliorate any grievance without written
memorandum and without the necessity of docketing any complaint or issuing any
official notice.
(2)
The Ombudsman may appoint for purposes of liaison counselors,
whether honorary or otherwise, at local level on such terms and conditions as
the Ombudsman may deem proper.
34.
Service
of process
(1)
For the purposes of this Act, a written process or
communication from the Office shall be deemed to have been duly served upon a
respondent or any other person by, inter alia, any one or more of the following
methods, namely :
(i)
by service in person through any employee of the Office or by
any special process–server appointed in the name of the Ombudsman by any
authorized staff of the Office, or any other person authorized in this behalf;
(ii)
by depositing in any mail box posting in any Post Office a
postage prepaid copy of the process, or any other document under certificate of
posting or by registered post acknowledgment due to the last known address of
the respondent or person concerned in the record of the Office, in which case
service shall be deemed to have been affected ten days after the aforesaid
mailing;
(iii)
by a police officer or any employee or nominee of the Office
leaving the process or document at the last known address, abode, or place of
business of the respondent or person concerned and if no one is available at
the aforementioned address, premises or place, by affixing a copy of the
process or other document to the main entrance of such address; and
Miscellaneous
(iv)
by publishing the process or document through any newspaper
and sending a copy thereof to the respondent or the person concerned through
ordinary mail, in which case service shall be deemed to have been effected on
the day of the publication of the newspaper.
(2)
In all matters involving service the burden of proof shall be
upon a respondent to credibly demonstrate by assigning sufficient cause that
he, in fact, had absolutely no knowledge of the process, and that he actually
acted in good faith.
(3)
Whenever a document or process from the office is mailed, the
envelope or the package shall clearly bear the legend that it is from the
Office.
35.
Expenditure
to be charged on Provincial Consolidated Fund
The remuneration payable to the Ombudsman and the
administrative
expenses of the Office, including the remuneration payable to staff, nominees and grantees, shall be an expenditure charged upon the Provincial Consolidated Fund.
36.
Rules
The Ombudsman may, with the approval of the
Government, make rules for
carrying out the purposes of this Act.
37.
Act
to override other laws
The provisions of this Act shall have effect
notwithstanding anything
contained in any other law for the time being in force.
38.
Removal
of difficulties
If any difficulty arises in giving effect to any
provision of this Act, the
Government may make such order not inconsistent with the provisions of this Act as may appear to him to be necessary for the purpose of removing such difficulty.
39.
Repeal
The Punjab Office of the Ombudsman Ordinance 1997 (XIV
of 1997) is
hereby repealed.
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FIRST SCHEDULE [see section 3(3)]
I, ……………….
do solemnly swear that I will bear true faith and allegiance to
That as Ombudsman for the Province of Punjab I will discharge my duties and perform my functions honestly, to the best of my ability, faithfully in accordance with the laws for the time being in force in the Province without fear or favour, affection or ill–will.
That I will not allow any personal interest to influence my official conduct or my official decisions;
That I
shall do my best to promote the best interest of
And that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration, or shall become known to me, as Ombudsman, except as may be required for the due discharge of my duties as Ombudsman.
May Allah Almighty help and guide me (A’meen)
SECOND SCHEDULE [see section 8(4)]
I, ………........ do solemnly swear that I will bear true faith and allegiance to Pakistan.
That as an employee of the office of the Ombudsman for the Province of Punjab, I will discharge my duties and perform my functions honestly, to the best of my ability, faithfully, in accordance with the laws for the time being in force in the Province, without fear or favour, affection, or ill–will;
That I will not allow my personal interest to influence my official conduct or my official decisions;
And that I will not directly or indirectly communicate or reveal to any person any matter, which shall be brought under my consideration, or shall become known to me, as an employee of the office of the Ombudsman.
May Allah Almighty help and guide me (A’meen)
Miscellaneous
N O T I F I C A T I O N
FEBRUARY 10, 2003
No.PAP–Legis–2(5)/2003/429.
– The Punjab Office
of the Ombudsman (Amendment) Bill 2003, having been passed by the
Provincial Assembly of the Punjab on 6 February 2003, and assented to by the
Governor of the Punjab on 8 February 2003, is hereby published as an Act of the
Provincial Assembly of the
THE
(AMENDMENT) ACT 2003
ACT III OF 2003
[First
published, after having received the assent of the Governor of the Punjab, in
the Gazette of the
An
Act
further to amend
the
WHEREAS it is expedient further to amend the Punjab Office of the Ombudsman Act, 1997 (X of 1997), in the manner hereinafter appearing;
It is hereby enacted as follows:
1.
Short
title, extent and commencement.––
(1)
This Act may be called the Punjab Office of the Ombudsman
(Amendment) Act 2003.
(2)
It
shall come into force at once.
2.
Amendment in section 3 of Act X of 1997 – In the said Act, in section 3, in
sub–section (2), the words “and is”, occurring after, the words “High Court”
and before the word “person”, shall be substituted by the words “or any other”.
3.
Amendment in section 4 of Act X of 1997 – In the said Act, in section 4, in
sub–section (1)
(i)
the
word “three” shall be substituted by the word “four”, and
(ii)
full stop at the end shall be substituted by a colon and
thereafter the following proviso shall be added:
“Provided
that a sitting Judge of the High Court working as Ombudsman may be called by
the competent authority before expiry of his tenure”.
4.
Amendment in section 5 of Act X of 1997 – In the said Act, in section 5, in
sub–section (2)
(i)
after
the word “Ombudsman”, the commas and words “not being a
sitting Judge of the High Court”, shall be inserted; and
(ii)
the
words “or the Province” shall be omitted.
Ombudsman
for the
Miscellaneous
OFFICE OF THE
OMBUDSMAN
NOTIFICATION
No.
(Registrar) 1–21/2004 Dated
In exercise of powers conferred by sub–section (11) of section 10 of the Punjab Office of the Ombudsman Act, 1997 (Punjab Act X of 1997), the Ombudsman for the Province of the Punjab is pleased to make the following Regulations laying down the procedure for registration, investigation and disposal of complaints under the Act, namely:
CHAPTER–I
INTRODUCTION
1.
Short title and commencement.— (1) These Regulations may be
called the Ombudsman for the
(2)
They
shall come into force at once.
2.
Definitions.— (1) In these Regulations, unless there is anything
repugnant in the subject or context, —
(a)
“Act” means the Punjab Office of the Ombudsman Act, 1997 (Punjab
Act X of 1997);
(b)
“Authorized Officer” means an officer of the Office of the
Ombudsman authorized by the Ombudsman for scrutiny of complaints at the stage
of preliminary examination;
(c)
“disposal” means the completion of all proceedings in a
complaint, reference or motion;
(d)
“examination” means scrutiny of complaints by the Registrar
or the Authorized Officer at the preliminary stage or by the Investigation
Officer on commencement of investigation;
(e)
“Form”
means a form specified by the Ombudsman;
(f)
“Head Office” means the principal seat of the Office of the
Ombudsman at
(g)
“hearing” means the process of ascertaining facts by hearing
of one or all the parties, examination of the record and spot inspection;
(h)
“investigation” means investigation of allegations raised in
a complaint, reference or motion till its disposal and includes holding of
enquiry;
(i)
“Investigation Officer” means an officer of the Office of the
Ombudsman to whom a complaint, reference or motion has been entrusted for
investigation;
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(j)
“Record Room” means the record room maintained at the Head Office
or at a Regional Office where the files are consigned after disposal;
(k)
“Regional Office” means a Regional Office of the Office of
the Ombudsman established at any place in the
(l)
“Registrar” includes an Additional Registrar, Deputy
Registrar, Assistant Registrar or any other officer who may be assigned the
duties of the Registrar;
(m)
“Registry” means an office in the Head Office or the Regional
Office where the complaints are presented or received; and
(n)
“Secretary” means the Secretary of the Office of the
Ombudsman Punjab.
(2)
All other terms and expressions used in these Regulations but
not defined hereinbefore shall have the same meaning as have been assigned to
them in the Act.
CHAPTER–II
PROCEDURE FOR REGISTRATION OF COMPLAINTS
3. Presentation of complaints.— (1) A complaint written in Urdu or English may be presented by the complainant personally or through his authorized representative or submitted by post or other means at the Head Office, or at a Regional Office having territorial jurisdiction in the matter.
(2) The territorial jurisdiction of the Head Office and the Regional Offices shall be as specified in the Schedule to these Regulations which may, at any time be altered by the Ombudsman by an order in writing:
Provided that the Ombudsman may direct that a complaint falling within the territorial jurisdiction of Head Office or a Regional Office may be investigated at another Regional Office or at the Head Office.
(3)
Every complaint shall be made on solemn affirmation or supported
by an affidavit to the effect that—
(a)
the allegations contained in the complaint are correct and
true to the best of knowledge and belief of the complainant;
(b)
previously no complaint on the subject was filed at the Head
Office or any Regional Office;
(c)
no suit, appeal, petition or any other judicial proceedings
in connection with the subject matter of the complaint are pending before any
Court.
(4)
On
receipt of a complaint the person incharge of the Registry
shall–
a)
diarize
the complaint.
Miscellaneous
b)
issue an acknowledgement receipt to the complainant in person
if he is present or send it by post; and
c)
forward
it to the Registrar.
4.
Examination by the Registrar.— The Registrar shall, on receipt of
the complaint from the Registry—
(i)
allot
a registration number to the complaint;
(ii)
examine
the complaint along with the documents attached thereto; and
(iii)
submit the complaint with his views to the Ombudsman or the
Authorized Officer for orders as to its admission or otherwise.
5.
Admission or rejection of complaint at preliminary stage.— (1) Where the grievance of
a complainant against an Agency or its employee prima facie amounts to
maladministration, and the complaint is not incompetent under the proviso to
sub–section (1) or sub–section (2) of section 9 of the Act, and is not barred
under sub–section (2) of section 10 thereof, the Ombudsman, or the Authorized
Officer, shall admit the complaint for investigation.
(2) Where, prima facie, a complaint is deemed incompetent under sub–regulation(1)or does not require any investigation for any other reason, the Ombudsman or the Authorized Officer may reject the complaint in limine:
Provided that the Ombudsman may, in his discretion, direct that such matter may be resolved informally under section 33 of the Act.
(3)
Where a complaint is rejected in limine, the Registrar
shall inform the complainant the reasons for rejection of the complaint and
consign the file to the record.
(4)
Where the complaint is admitted under sub–regulation (1), the
Registrar shall pass it on to the Investigation Officer authorized to
investigate complaints against a particular Agency and inform the complainant
of the procedure to be followed in investigation of the complaint.
6.
Suo Moto Cognizance.— (1) Whenever suo moto cognizance of maladministration
is taken by the Ombudsman, he may issue to the principal officer or any other
officer of the Agency a notice incorporating brief facts and circumstances or
send a copy of the written material which, in his opinion, appears to have
caused maladministration and call upon him to meet the allegations contained
therein and to submit a detailed report.
(2)
On receipt of report as required under sub regulation (1),
the Ombudsman may close the investigation if he is satisfied that no
maladministration has been committed.
(3)
Where the Ombudsman decides to proceed with the
investigation, he may either investigate the matter himself or entrust it to
any other Investigation Officer to proceed further in the matter as provided in
the Act and these Regulations.
Punjab Estacode 2013
CHAPTER–III
PROCEDURE FOR INVESTIGATION
7.
Entrustment of complaints to Investigation Officers.— (1) For the purpose of
investigation of the complaint, the Ombudsman may, by general or special order
in writing, authorize any officer at the Head Office or at a Regional Office to
exercise powers under sub–sections (1) and (3) of section 14 of the Act.
(2)
The Ombudsman may, where any request is made by a complainant
or an Agency, in the interest of expeditious finalization of investigation,
transfer a complaint registered at the Head Office to a Regional Office or
registered at a Regional Office to the Head Office or to another Regional
Office.
(3)
Where a complaint is not made on solemn affirmation or is not
accompanied by a copy of the National Identity Card and an affidavit in the
specified form, the Investigation Officer shall require the complainant to
provide it, otherwise, the complaint may be dismissed.
(4)
If the Investigation Officer after perusal of the complaint
comes to the conclusion that it should not have been entertained on any of the
grounds mentioned in section 9 or those in section 10(2) of the Act, he shall
submit the complaint with his findings to the Ombudsman for orders.
8.
Report from the Agency.— (1) In respect of every complaint
admitted for investigation under regulation 5 and further scrutinized
under regulation 7, a report in writing shall be called from the Agency
complained against.
Provided that where circumstances so require, the report may be called for through telephone, telex, fax, e–mail or any other means of communication:
Provided further that where an immediate action or redress is called for, the Investigation Officer may call upon the principal officer of the concerned Agency to redress or cause the grievance to be redressed within a specified period and submit a compliance report to the Ombudsman but if he is of the view that the grievance cannot be redressed, he shall submit a detailed report explaining the reasons why the same cannot be done.
(2)
The notice calling for a report shall be accompanied by a
copy of the complaint or relevant extracts therefrom highlighting the
grievances of the complainant, the alleged nature of maladministration and
where necessary, copies of all relevant documents attached with the complaint.
(3)
The notice for submission of report under subsection (4) of
section 10 of the Act shall be addressed to the principal officer of the Agency
as well as to any other officer who is alleged in the complaint to have taken
or authorized the action complained of.
(4)
The report shall be submitted within such period as is
specified in the notice or within such period ordinarily not exceeding 15 days
as may be allowed on the written request of the principal officer or the
officer concerned.
(5)
Where the principal officer or the officer concerned fails to
submit the report as required under sub–regulation (4), the Investigation
Officer shall issue
Miscellaneous
another notice requiring the principal officer or the officer concerned to appear before him or the Ombudsman on the specified date or depute an officer well conversant with the facts of the case with the written report and the relevant record of the case, failing which the Ombudsman may issue directions to the appropriate authority under sub–section (5) of section 14 of the Act for taking disciplinary action against the person who disregarded the direction. If failure or disobedience to submit report on the part of the principal officer or the officer concerned so warrants, the Ombudsman may proceed against him for contempt under section 16 of the Act.
9.
Agency’s Report on allegations of the Complainant.—(1) Where the Agency reports
that the grievance of the complainant already stands redressed or relief has
been provided to him on receipt of the complaint from Ombudsman Office, the
complaint may be disposed of as having borne fruit unless it is considered
necessary to award compensation to the complainant for the loss or damage
suffered by him due to gross maladministration in accordance with section 22 of
the Act.
(2)
In a case where the Agency reports that for the relief
sought, the complainant was required to fulfill certain procedural
requirements, the complainant shall be directed to complete such requirements
and, if no information is received within the time allowed by the Investigation
Officer, it shall be presumed that the complainant does not wish to pursue the
case further and the complaint may be filed as not pressed.
(3)
Where the Agency contests some or all the allegations made by
the complainant, the Investigation Officer may, if he is not satisfied with the
report of the Agency, address a questionnaire to the Agency for elucidation of
specific questions or call for additional information.
10.
Rejoinder.— (1) Where the Investigation Officer is satisfied that, in
the light of the report of the Agency, any clarification in respect of
the allegations contained in the complaint is required from the complainant, he
shall call upon the complainant to submit a rejoinder within a specified time
not exceeding thirty days, or such further period not exceeding 20 days as may
be extended by the Investigation Officer.
Provided that if no rejoinder is received within the extended period, the Investigation Officer may finalize investigation:
Provided further that where the Agency makes a request with plausible reasons that any portion of the report or any document annexed to its report may be kept confidential, such portion of the report or, as the case may be, document shall not be sent to the complainant unless the Investigation Officer decides otherwise.
(2)
Where on receipt of rejoinder from the complainant, the
Investigation Officer finds that the complainant is satisfied with the report
of the Agency and does not desire to pursue his case any further, the complaint
may be deemed to have been disposed of as having borne fruit unless there is
sufficient material to show that there was any gross maladministration which
was the basis of the complaint. In such a case the Ombudsman may pass such orders
as he deems fit.
(3)
Where the complainant reiterates his stand without any
reasonable grounds or justification and the Investigation Officer is of the
opinion that the Agency had not committed any maladministration, the complaint
shall be rejected.
Punjab Estacode 2013
11.
Further investigation.— Where the Investigation Officer is
of the opinion that any further enquiry is called for, he shall bring
out the controversial points between the parties for determination and require
the Agency;–
(a)
to
provide further comments;
(b)
to
make clarification of any specific issue;
(c)
to
produce the relevant record; or
(d)
to
depute a representative for a hearing.
12.
Hearing of cases.— (1) Hearing shall be fixed only when it is
considered necessary in the interest of fair and expeditious disposal of
the complaint.
(2)
As far as may be, no officer of the Agency shall be summoned
by name or rank and the Agency shall ordinarily be required to depute an
officer fully conversant with the facts of the case.
(3)
The officers of the rank of Secretary and above shall be
summoned only with the approval of the Ombudsman.
(4)
Any mutual agreement or undertaking given by parties shall be
recorded by the Investigation Officer and signed by the persons representing
the parties.
(5)
If for any reason, the date of hearing already fixed is
changed, the Investigation Officer shall inform both the parties well in time
of the next date of hearing.
13.
Inspections.— (1) Where an inspection of a place, or site, or the examination
of any record is necessary, the Investigation Officer himself or any official
authorized by him shall, with the approval of the Ombudsman, and after due
intimation to the Agency proceed for the inspection of the spot or, as the case
may be, examination of the record.
Provided that, if the place of such inspection falls within the jurisdiction of another Regional Office or the Head Office, the case file may, with the approval of the Ombudsman, be sent to such Regional Office or the Head Office, highlighting the points in issue involved in the matter for carrying out inspection of the site or examination of the record, as the case may be.
(2)
The file of the case shall be returned to the Investigation
Officer with a report of inspection of the spot or examination of the record,
as the case may be.
14.
Requisitioning of record.— (1) Where the Investigation
Officer considers it necessary, the Agency may be directed to produce
the record under sub–section
(9)
of
section 10 of the Act:
(2)
In case any portion of the record is considered necessary to
be retained by the Investigation Officer, an authenticated copy thereof shall
be prepared and provided to the Agency.
Information from and to the complainant.— (1) If at any stage of the investigation, the Investigation Officer desires to seek any clarification from the complainant, he may ask him on telephone or through post or to appear before him for the purpose.
(2) If the investigation of any case is protracted and its disposal is likely to take more than three months or if the complainant approaches the Investigation Officer to ascertain the position of his case, the complainant shall be kept informed of the progress of his case at least once in every three months.
16. Transfer of cases.— Where in a complaint filed in a Regional Office the Agency complained against is located within the territorial jurisdiction of another Regional Office or the Head Office, the Ombudsman may transfer such complaint to the concerned Regional Office or the Head Office, as the case may be.
CHAPTER–IV
PROCEDURE FOR DISPOSAL OF COMPLAINTS
17. Completion of Investigation — The investigation of a complaint shall, with the approval of the Ombudsman, be closed when it is found that–
(a)
the subject matter of the complaint does not fall within the
purview of the Act; or
(b)
no
case of maladministration is prima facie made out; or
(c)
the Agency is not at fault as a particular procedure has to
be adopted or formalities have to be followed by the complainant for redress of
his grievance; or
(d)
the complainant fails to furnish the required information or
supply relevant documents, or fails to attend hearings, despite notices and it
is not possible to decide the complaint on the basis of the available record;
or
(e)
the relief had already been provided before the complaint was
lodged and the complainant confirms the redress of his grievance or he is
informed of the same through registered post; or
(f)
the complainant and the representative of the Agency agree to
a proposition consequent whereof grievance is redressed without any proof of
maladministration; or
(g)
the complainant without any reasonable ground or
justification continues to press his allegations but the Agency is not guilty
of maladministration; or
(h)
where findings for redress of grievance have been given and
the directions contained therein have been complied with or a representation
has been filed to the Governor under section 32 of the Act; or
(i)
where representation under section 32 of the Act is rejected
or the findings have been modified, and the original or the modified findings,
as the case may be, have been complied with; or
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(j)
the subject matter of the complaint was subjudice before a
court of competent jurisdiction on the date of receipt of the complaint,
reference or motion; or
(k)
the complaint by or on behalf of a public servant or
functionary concerns matters relating to the Agency in which he is or has been,
working, in respect of personal grievance relating to his service therein; or
(l)
the subject matter of the complaint is the same which has
already been disposed of by findings in an earlier complaint; or
(m)
the subject matter of the complaint has already been
adjudicated upon by a Court or Tribunal of competent jurisdiction; or
(n)
the complaint had been made by a person who is not an
aggrieved person; or
(o)
the
complaint was anonymous or pseudonymous.
18.
Findings of the Ombudsman— (1) In all cases where
investigation is proposed to be closed at any stage of investigation and
where a direction to the Agency or any of its officers or employees is or is
not to be issued, the Investigation Officer shall prepare draft findings, as
far as possible in the specified form and submit these to the Ombudsman for
orders/decision.
(2)
The draft findings shall be simple, impersonal, persuasive
and in paragraphs duly numbered in chronological order.
(3)
At the Head Office, the draft findings shall be submitted to
the Ombudsman directly while those at the Regional Offices shall be submitted
through the Registrar at the Head Office or submitted to the Ombudsman during
his tour to the respective Regional office.
(4)
On submission of draft findings, the Ombudsman may pass
orders/decision, make such changes in the draft findings as he considers
necessary in the light of the investigation done, ask the Investigation Officer
to redraft the findings or to carry out further investigation as indicated.
(5)
These draft findings shall be resubmitted to the Ombudsman
after making such changes as have been approved by him or directed by him to be
made or after carrying out such investigation as directed by him, as the case
may be, the draft findings will then be resubmitted to the Ombudsman for
orders/decision.
(6)
In all cases, a copy of the order/decision shall be
communicated to the complainant and the Agency concerned.
19.
Completion of Findings and consignment of files to Record.— (1) After the findings are
signed by the Ombudsman:
(a)
all
drafts shall be destroyed by the Investigation Officer;
(b)
the copies of the Findings shall be authenticated by the
Investigation Officer and dispatched to the complainant and the Agency.
(2)
With the approval of the Ombudsman, important findings may be
circulated amongst Investigation Officers for information
Miscellaneous
and selected cases may be sent to the Public Relations Section at the Head Office for publication.
(3)
Where a complaint is closed or rejected it shall be consigned
to the record room within 14 days of the closure or rejection.
(4)
Where any findings have been communicated to the Agency under
sub–section (1) of section 11, the file shall be retained by the Investigation
Officer and consigned to record room only after confirmation of implementation
of the recommendation has been received from the Agency or the Complainant.
(5)
The Investigation Officer shall send one copy of the findings
in the specified form in duplicate to the Computer Section at the Head Office
for updating the record and place the other copy on the relevant file which
should then be consigned to the record room.
(6)
Where any person is aggrieved by a decision or order of the
Ombudsman and intends to file a representation to the Governor under section 32
of the Act, the file may be consigned to record room within 14 days of the
confirmation of representation having been filed.
(7)
Where a representation to the Governor made under section 32
of the Act is rejected or the findings are modified, the file shall be taken
out from the record room for making an entry about the decision of the Governor
and shall be consigned to the record room within 14 days of the confirmation of
implementation of the original or modified findings.
20.
Reconsideration Petition.— (1) In case an Agency gives reasons
in terms of subsection (2) of section 11 of the Act for not complying
with the directions, a copy of its report shall be supplied to the complainant
on the specified form, for his comments.
(2)
On receipt of a reply from the complainant, he shall be
provided an opportunity of being heard and after considering his pleadings
during the hearing, if any, the Investigation Officer shall submit the case
with draft findings to the Ombudsman for orders.
(3)
On considering the case submitted by the Investigation
Officer under sub regulation (2), the Ombudsman may pass such orders thereon as
deemed appropriate and have them communicated to the complainant and the
Agency.
21.
Procedure
in case of non–compliance.— Where—
i)
no representation to the Governor has been filed by the
Agency under section 32 of the Act; or
ii)
a
representation was filed but has been rejected; or
iii)
a modified findings have been issued as a result of the orders
of the Governor on the representation;
Punjab Estacode 2013
and the Agency fails to implement the original or the modified recommendations wholly or partially and the reasons given by the principal officer or the officer concerned for non–implementation have been rejected by the Ombudsman as unsatisfactory, it shall be treated as “Defiance of Recommendations” and dealt with under section 12 of the Act.
22.
Correction of errors, mistakes, misrepresentation, etc.— (1) Where through any
typographical error, mistake or misrepresentation by the complainant or the
Agency, an incorrect figure, fact or position is reflected in the findings and
directions of the Ombudsman, the Investigation Officer shall, after giving
notice to the complainant and the Agency and providing them an opportunity of
being heard, submit the case with draft findings to the Ombudsman in specified
form for consequential rectification or modification of the original findings
and directions.
(2)
In all cases where the consequential rectification or
modification is made the decision shall be communicated to the complainant and
the Agency on specified form.
23.
Proceedings for Defiance of Recommendations or Disciplinary
Action.— (1)
Where it is decided by the Ombudsman to initiate proceedings for “Defiance
of recommendations” in terms of Section 12 of the Act or for action under
sub–section (5) or (6) of section 14 of the Act, the Investigation Officer
shall submit a self contained note to the Secretary along with a show cause
notice on specified form. In the case of a Regional Office, the Investigation
Officer concerned shall submit the case to the Secretary through the Officer
Incharge of that Office.
(2)
The Secretary shall, with the approval of the Ombudsman,
cause the notice to be served on the public servant concerned to show cause as
to why the proposed action may not be taken against him.
(3)
After considering all the facts of the case, including the
reply to the show cause notice, if any, of the public servant under sub
regulation (2), the Ombudsman may refer the matter to the Government under sub
section (1) of section
12.
24.
Communication of Orders of the Government.— The orders of the Government
passed on a report of the Ombudsman for “Defiance of recommendations” under
section 12 of the Act, shall be communicated by the office of the Ombudsman to
the public servant and the concerned Agency for compliance under intimation to
the Ombudsman on or before the date specified for the purpose.
CHAPTER–V
Miscellaneous
25. Monthly Progress Repor t.— (1) Every Investigation Officer shall submit monthly reports on specified form to the Registrar at the Head Office for onward submission to the Ombudsman.
(2) The Investigation Officers at the Regional Offices shall submit monthly reports through Incharge of the Regional Office concerned who may add his comments on the covering note.
Miscellaneous
(3)
The Secretary shall, by the tenth day of each month, submit
to the Ombudsman, in the specified form a statement about institution and
disposal of complaints for and upto the end of the preceding month.
26.
Notices.— (1) A notice on specified form shall be issued to the complainant
by registered post if he fails to —
(a)
furnish
required information or documents;
(b)
confirm and verify the contents of the complaint on solemn
affirmation or oath;
(c)
submit
rejoinder or rebuttal within the specified time;
(d)
confirm the compliance of the procedural requirements of the
Agency; and
(e)
confirm
the grant of relief.
(2)
Where the Ombudsman rejects a complaint being false,
frivolous or vexatious and decides to award compensation to an Agency, public
servant or other functionary under subsection (4) of section 14, before
awarding such compensation, the Ombudsman may issue a show cause notice to the
complainant on specified form.
(3)
Where the Ombudsman contemplates to proceed against employee
of an Agency or a public servant or the complainant or other person for
contempt of his Office a notice to show cause may be issued to him/them on
specified form.
(4)
Where the Ombudsman considers that the complainant has
suffered loss or damage on account of maladministration of an Agency or any
other public servant or any other functionary and deserves awarding of
compensation under section 22 of the Act, such Agency, public servant or
functionary may be issued a notice to show cause on specified form before
awarding compensation.
(5)
As far as may be, all notices shall be issued under
registered cover and special care shall be taken to record the correct mailing
address.
27.
List of Principal Officers of the Agencies and their nominees.— (1) The Registrar at the
Head Office and the Additional Registrar/Assistant Registrars at the Regional
Offices shall maintain a list of principal officers of Agencies.
(2)
The Investigation Officers shall bring to the notice of the
Registrar at the Head Office or the Additional Registrar/Assistant Registrar at
the Regional Office whenever any information is received by them in respect of
any change of the principal officer of an Agency.
28.
Maintenance of files.— (1) The Investigation Officer shall ensure that the
record of every complaint is properly maintained and the proceedings are
reflected in chronological order in the order sheet as given in specified form.
(2)
The
case file shall contain the following particulars on its cover,
namely:
(a)
registration
number of the complaint;
Punjab Estacode 2013
(b)
date
of registration of the complaint;
(c)
complainant’s
name;
(d)
name
of the Agency complained against;
(e)
brief
subject of the complaint;
(f)
whether
the file contains correspondence or noting or both;
(g)
date
of disposal of complaint; and
(h)
date
of consignment to record.
(3)
The complaint along with cover sheets on specified forms
shall be tagged on the right–hand side of the file, whereas the order sheet on
specified form shall be placed on the left–hand side of the file.
(4)
The pages should be numbered in chronological order with the
last numbered page appearing on the right hand side on the file.
(5)
The order sheet on specified form shall contain record of
actions taken with dates for further processing and shall be used as noting
part of the file for obtaining orders, instructions and directions of the
Ombudsman.
29.
Notwithstanding any provision in these Regulations but
subject to the provisions contained in the Act, the Ombudsman shall continue to
exercise his powers and have absolute discretion to modify the procedure of
handling any particular case or adopt a special procedure keeping in view the
special nature and facts of the case.
SCHEDULE
[see regulation 3 (2)]
TERRITORIAL JURISDICTION OF HEAD OFFICE AND REGIONAL OFFICES
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OMBUDSMAN FOR THE
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Miscellaneous
GOVERNMENT OF THE
FINANCE DEPARTMENT
Dated
NOTIFICATION
No. PA/GM.Pb.Pension Fund/FD/2007. In
exercise of the powers conferred upon him under section 24 of the Punjab
Pension Fund Act 2007 (I of 2007), the Governor of the
CHAPTER–I
PRELIMINARY
1.
Short
title and commencement.– (1)
These rules may be cited as the
(2) These shall come into force at once.
2.
Definitions.– (1) In these rules:
(a)
“Act”
means the Punjab Pension Fund Act 2007;
(b)
“accounting period” means the period ending on the 30th day
of June each year;
(c)
“asset” means property of any kind including shares,
securities, deposits, right and bonus shares, cash, bank balance, profits,
dividends, fee, commission, a receivable, claim, contract, license, privilege,
accrued or accruing or contingent;
(d)
“asset management company” means a company which has been
licensed by the Commission as an asset management company;
(e)
“auditor” means a person qualified under the provisions of
the Ordinance to act as an auditor of a company;
(f)
“Commission” means the Securities and Exchange Commission of
Pakistan established under the Securities and Exchange Commission of Pakistan
Act, 1997 (XLII of 1997);
(g)
“family” means a spouse, a parent, a grand parent, sibling or
adopted sibling, child or an adopted child, or a maternal or paternal first
cousin; or a parent, sibling or adopted sibling, child or an adopted child, or
a maternal or paternal first cousin of the spouse;
(h)
“Government securities” means Government securities defined
in the Securities Act, 1920 (X of 1920) and includes securities repayable or
irrevocably guaranteed to be paid by a Provincial Government or the Federal
Government;
(i)
“life insurance company”, means a company registered or
deemed to have been registered under the Insurance Ordinance, 2000 (XXXIX of
2000) to transact life insurance business and includes the State Life Insurance
Corporation of
(j)
“Ordinance” means the Companies Ordinance, l984 (XLVII of
l984);
(k)
“portfolio” means the amount of the Reserve Fund directly
invested by the Fund and not through a third party;
(l)
“record” includes a ledger, day book, cash book or any manual
or magnetic record, maintained and used by the Fund;
Miscellaneous
(m)
“Schedule”
means the Schedule to these rules;
(n)
“shares”
mean the shares of a company listed on a stock exchange;
(o)
“stock exchange” means a stock exchange registered under the
Securities and Exchange Ordinance, 1969 (XVII of 1969);
(p)
“third party” means an asset management company or a life
insurance company;
(q)
“trustee”
means a trustee appointed under the rules; and
(r)
“value of the Fund” means the aggregate value of all
investments, deposits together with accrued interest and other assets less
liabilities of the Fund.
(2)
A word or an expression used in the rules but not defined
shall have the same meaning as is assigned to it in the Act.
CHAPTER–II
GENERAL
3.
Investment policy.– (1) The Management Committee shall, within six months
from the date of its establishment, make an investment policy establishing
clear investment objectives for investments of the amounts from the Reserve
Fund subject to the limitations prescribed in the Act or the rules.
(2)
The Fund may invest amounts from the Reserve Fund through a
portfolio or through a third party in a transparent, efficacious, prudent and
sound manner.
4.
Obligations
of the Fund.– The Fund shall:
(a)
manage its assets to the best of its ability and without any
undue advantage to its employees or related parties;
(b)
maintain at its principal office, proper accounts and records
to enable a complete and accurate view of its assets and liabilities, income
and expenditure, transactions of the Fund including receipts and payments from
and to the Reserve Fund;
(c)
Prepare and transmit an annual report, together with a copy
of the balance sheet, income and expenditure account and the auditor’s report
of the Fund within three months of end of an accounting period to the
Government; and
(d)
be jointly and severally responsible for an act or omission
of a person to whom it has delegated any of its functions.
5.
General
restrictions on the Fund.– The
Fund shall not:
(a)
merge, acquire or take over management of any other pension
fund unless it has obtained prior approval of the Government for the merger,
acquisition or take over;
(b)
pledge securities owned by the Fund except for the benefit of
the Fund and with prior approval of the Government;
(c)
make a loan or advance money to a person except in connection
with the normal business of the Fund;
(d)
participate
in a joint account with a person in any transaction;
(e)
invest in the real estate except that it may purchase or rent
real estate for its official use;
Punjab Estacode 2013
(f)
employ as a broker, directly or indirectly, a Member, the
General Manager or an employee or a member of the family of such a person; and
(g)
acquire, purchase or sell any security to a Member, the
General Manager or an employee or a member of the family of such a person.
CHAPTER–III
MANAGEMENT COMMITTEE
6.
Management Committee.– Subject to the provisions of the Act and the rules,
the Management Committee may:
(a)
receive,
administer and invest amounts from the Reserve Fund;
(b)
approve the investment policy, standards and procedures for
the operation of the Fund;
(c)
enter
into a contract on behalf of the Fund;
(d)
authorize the General Manager or any other employee to sign a
contract or any other document on behalf of the Fund;
(e)
borrow to pay for the purchase of securities if at the time
of making an investment the Fund anticipates that resources would be available
to pay for the purchase in full;
(f)
institute
or defend any legal or administrative proceedings;
(g)
acquire, hold, alienate movable or immovable property for the
operations of the Fund;
(h)
invest
amounts through a third party;
(i)
make,
amend, or repeal the regulations;
(j)
approve
transfer of amounts from the Fund to the Reserve Fund;
(k)
approve
the budget of the Fund;
(l)
delegate any of its powers or functions to a sub–committee,
the General Manager or any other employee; and
(m)
do
any other act to attain the objectives of the Fund.
7.
Meetings of the Management Committee.– (1) The Management Committee
shall meet at least once every three months and the General Manager, with the
approval of the Chairman or the Vice Chairman, shall convene the meeting.
(2)
The General Manager shall, if so directed by the Chairman or the
Vice Chairman, convene a meeting of the Management Committee.
(3)
At least four ex–officio members including the Chairman or
the Vice Chairman, two members appointed by the Government from the private
sector, and the General Manager shall constitute the quorum of a meeting of the
Management Committee.
(4)
If the quorum is not complete, the General Manager shall
reconvene the meeting to be held within fifteen days.
(5)
The General Manager or any other Member, as the Chairman or
the Vice Chairman may nominate, shall record the minutes of the meeting which
shall be submitted for confirmation in the next meeting.
(6)
The General Manager shall send minutes of the meeting to the
Members within ten working days of the meeting.
(7)
A Member may ask for additional information from the General
Manager with regard to an investment decision or policy of the Fund.
Miscellaneous
(8)
The Management Committee shall take decisions by a simple
majority of Members present and voting and the Chairman shall have the casting
vote in case of a tie.
(9)
The meetings of the Management Committee shall be chaired by
the Chairman and in his absence by the Vice Chairman.
8.
Sub–committees.– (1) The Management Committee may constitute the following
sub–committees:
(a)
investment
sub–committee;
(b)
accounts
sub–committee;
(c)
audit
sub–committee;
(d)
compliance
sub–committee; and
(e)
any
other sub–committee.
(2)
The Management Committee shall nominate a chairperson and
members for a sub–committee.
(3)
No sub–committee shall be constituted without one member
appointed by the Government from the private sector and the General Manager.
(4)
The quorum at a meeting of a sub–committee shall be a
majority of members of the sub–committee including a member appointed by the
Government from the private sector and the General Manager.
(5)
Decisions of a sub–committee shall be made by a simple
majority vote of the members present and voting.
(6)
The recommendations and report of a sub–committee shall be
considered for approval by the Management Committee.
CHAPTER–IV
INVESTMENTS
9.
Investment decisions.– The Management Committee shall approve all investment
decisions regarding amounts from the Reserve Fund.
10.
Permissible investments.– Subject to the Act and the rules
the Fund shall invest, in a portfolio or through a third party, in:
(a)
Government
securities at a fixed or variable rate of interest;
(b)
the National Savings Schemes of the Federal Government at a
fixed or variable rate of interest;
(c)
bonds,
term finance certificates and other forms of debt:
(i)
listed
on a stock exchange; or
(ii)
issued under a prospectus approved by the Commission subject
to a minimum credit rating to be determined by the Management Committee;
(d)
shares listed on a stock exchange as part of the portfolio
investment of the Fund;
(e)
unit trusts, mutual funds and other collective investment
funds authorized by the Commission; and
(f)
deposit in a scheduled bank that has a minimum credit rating
as to be determined by the Management Committee; provided that the aggregate of
deposits in a scheduled bank shall not exceed 20% of the value of the Fund at
the time of making a deposit; provided further that no such deposit may be made
for a period exceeding six months.
Punjab Estacode 2013
11.
Limit on investment in Government securities and the National
Savings Schemes.– The Fund shall not invest in the Government securities or the National
Savings Schemes, if at the time of the investment:
(a)
it would result in any such investment exceeding 25% of the
value of the Fund;
(b)
it would result in the Fund owning more than 25% of the total
issue of such a security; or
(c)
the cumulative investment in such investments exceeds 75% of
the value of the Fund.
12.
Limit on shares, unit trusts and mutual funds and other
collective investment funds.– The Fund shall not invest in shares, unit trusts and
mutual funds and other collective investment funds if at the time of
making an investment the aggregate of such investments exceeds 40% of the value
of the Fund.
13.
Prohibited
investments.– The Fund shall
not invest in:
(a)
land, buildings or real estate of any kind including buying
or making loans of any description except for its official use or in shares as
part of its portfolio;
(b)
exploration or exploitation of minerals or petroleum
including buying or making loans of any description other than in shares as
part of its portfolio; and
(c)
a real estate investment trust or other investment company
that is not listed on a stock exchange.
CHAPTER–V
APPOINTMENTS
14.
Power of appointment.– (1) The Management Committee may employ a person
for the operations of the Fund on such terms and conditions as it may
determine.
(2)
The Management Committee may constitute a sub–committee, to
process and make recommendations for the employment.
15.
Appointment and duties of General Manager.– (1) The Management Committee
shall in the appointment of the General Manager by the Government, after
advertising and an open process of selection submit to the Government a list of
suitable candidates.
(2)
In absence of a General Manager the Government may appoint an
acting General Manager for a maximum period of six months.
(3)
The General Manager shall prepare valuations and commentaries
on the investments of the Fund at least on a monthly basis and shall submit
such information to the Members.
(4)
The General Manager shall arrange for meetings of the
relevant employees of the Fund including the compliance officer, at least on a
weekly basis, to review the investments of the Fund and provide minutes of such
meetings to the Members.
16.
Appointment of auditor.– The Government shall, within six
months of notification of the Management Committee, appoint an auditor
for an accounting period under such terms and conditions as it may determine.
Miscellaneous
17.
Appointment of legal advisor.– The Management Committee shall,
within six months of its notification, appoint a legal advisor on such
terms and conditions as it may determine.
18.
Appointment of trustee.– (1) The Management Committee
shall, within six months of its notification, appoint a trustee with the
approval of the Government.
(2)
The
trustee shall be:
(a)
a scheduled bank with a minimum A+ rating from a credit
rating company registered with the Commission, and has been in business for at
least five years;
(b)
a trust company which is a subsidiary of a scheduled bank
referred to in clause (a);
(c)
a foreign bank operating as a scheduled bank in
(d)
a central depository company registered under the Securities
and Exchange Ordinance, 1969 (XVII of 1969) and approved by the Commission.
(3)
The trustee shall not in any way be related or connected to a
Member or investment advisor or consultant appointed by the Fund.
19.
Appointment
of investment advisor.– (1)
The Management Committee
may
appoint a non–bank finance company to provide
investment advisory services.
(2)
The Management Committee may appoint a person as an
investment advisor, being a person approved by the Commission for such
services, to give advice to the Fund on selection of a third party and
portfolio.
(3)
The person appointed as investment advisor shall attend such meetings
and prepare such reports as the Management Committee may direct.
(4)
The Management Committee shall determine terms and conditions
of an investment advisor.
20.
Appointment of actuary.– The Management Committee may
appoint an actuary being a duly qualified person or a firm to advise on
the pension liabilities of the Government and to advise the Fund generally.
21.
Appointment of compliance officer.– (1) The Management Committee shall
appoint a compliance officer who has sufficient experience in legal and investment
matters to ensure that the Fund complies with the Act, the rules, the
regulations and the laws of Pakistan.
(2)
The compliance officer shall prepare and update a Compliance
Manual for the Fund.
(3)
The compliance officer shall submit a report at least on a
monthly basis to the compliance sub–committee.
CHAPTER–VI
OBLIGATIONS OF THE TRUSTEE
22. Obligations of the trustee.– (1) The trustee shall keep the assets of the Fund in the safe custody and –
(a)
take into its custody or under its control all the assets of
the Fund in accordance with the law;
Punjab Estacode 2013
(b)
collect
interest, dividends and other amounts due;
(c)
settle
purchases and sales of securities;
(d)
ensure that the cash and registerable assets shall be
registered in the name of and to the order of the trustee;
(e)
shall be liable for any act or omission of its agent as if it
is an act or omission of the trustee in relation to any investment forming part
of the assets of the Fund;
(f)
carry out the instructions of the Management Committee in respect
of investments unless the instructions are in conflict with the provisions of
the Act or the rules;
(g)
ensure that the investment limitations and prohibitions as
provided in the Act and rules are complied with; and
(h)
issue a report to be included in the annual report of the
Fund in which in its opinion the Fund has in all material respects operated in
accordance with the Act and the rules and if the Fund has not done so, the
steps which the trustee has taken.
(2)
In the case of assets deposited with the trustee which is a
scheduled bank, the return on such deposits shall be at a rate not lower than
the rate offered on deposits of similar amount and maturity.
CHAPTER–VII
BUDGET, ACCOUNTS AND AUDIT
23.
Budget of the Fund.– (1) The annual budget of the Fund shall be considered
by the Management Committee no later than 1st April each year.
(2)
The Management Committee shall approve the annual budget of
the Fund no later than 30th June each year.
(3)
All expenses estimated in the budget shall be paid from the
Fund, provided that the Government may provide funds for the operations of the
Fund in case no funds are received from the Reserve Fund.
(4)
The Management Committee may constitute a sub–committee for
the preparation of the budget.
24.
Expenses.– Expenses of the Fund, other than the investments, incurred
on the operation of the Fund, including expenses relating to the
functioning of the Management Committee, salaries of employees and other such
expenses shall be met through the establishment of a separate expense account.
25.
Books
of accounts.– The Fund shall:
(a)
maintain such books of accounts and other record as shall
depict a true and fair picture of its state of affairs, including –
(i)
journals, cash book and other records of original entry
forming the basis of entry in any ledger;
(ii)
ledgers or other comparable records reflecting assets,
liabilities, income and expenses;
(iii)
ledgers or other comparable records showing securities in the
portfolio;
(iv)
record
of transactions with banks; and
(v)
record
of all transfers from and to the Reserve Fund; and
(b)
maintain such books of accounts and other records for a
period of not less than ten years.
Miscellaneous
26.
Appointment of chief accounting officer.– (1) The Management
Committee shall appoint on such terms and conditions as it may determine, a
chief accounting officer who is a chartered accountant or a cost and management
accountant or a person with a master’s degree in commerce or business
administration with specialization in finance and senior management level
experience of at least five years in a bank or development finance institution
or modaraba or non–banking finance company.
(2)
The chief accounting officer shall prepare accounts,
establish procedures for financial controls and other matters to be determined
by the Management Committee.
27.
Functions of accounts and audit sub–committees.– (1) The accounts subcommittee
shall ensure compliance with accounting standards, and prudential rules.
(2)
The audit sub–committee shall ensure compliance with audit
standards, recommendations of the auditor and adopt risk management controls
for the Fund.
(3)
The chief accounting officer shall provide quarterly reports
and any such information that any of the above sub–committees may require.
(4)
The accounts sub–committee and the audit sub–committee shall
meet at least once in three months.
28.
Accounts of the Fund.– (1) The accounts of the Fund shall be reported in
the form and manner as specified in the Schedule.
(2)
The annual accounts of the Fund shall be approved by the
Management Committee and shall be signed by the Chairman or the Vice Chairman,
the General Manager and a Member from the private sector authorized by the
Management Committee.
29.
Audit report of the Fund.– (1) The audit report of the Fund
shall be in the form and manner as specified in the Schedule.
(2)
The auditor shall forward to the Management Committee an
audited copy of the annual accounts within three months of the end of the
accounting period.
30.
Directions and guidelines of the Commission.– The Management Committee
shall take into consideration guidelines and directions issued by the
Commission.
SCHEDULE
ACCOUNTS OF THE FUND
1.
General:
(a)
The Annual reports shall comply the accounting requirements
included in this Schedule. The Management Committee shall publish a report for
the six month period following each year to include a statement of income and
expenditure, asset and liabilities and the portfolio.
(b)
All reports shall contain comparative figures for the
previous period except for the investment portfolio.
Punjab Estacode 2013
(c)
The items listed under the statement of assets and
liabilities, income statement, statement of movements in reserves and the notes
to the accounts, where applicable, shall be disclosed.
(d)
All statements and accounts referred hereunder should be
prepared in conformity with the International Accounting Standards notified
under subsection (3) of section 234 of the Companies Ordinance, 1984, and
technical releases issued by Institute of Chartered Accountants of Pakistan
from time to time.
(e)
The Annual Report shall be in both English and Urdu and be
made available to employees and pensioners of the Government on request and be
published on the internet.
2.
Statement
of assets and liabilities:
The following must be separately disclosed for every
accounting period:
(a)
total
value of investments;
(b)
bank
balances;
(c)
dividends
and other receivables;
(d)
bank
loans and overdrafts or other forms of borrowings;
(e)
amounts
received and paid into the Reserve fund ;
(f)
total
value of all assets;
(g)
total
value of all liabilities;
3.
Income
statement:
The following information shall be included in the income statement:
(a)
total investment income net of tax, if any, broken down by
category;
(b)
total
other income, broken down by category;
(c)
an itemized list of various costs which have been debited to
the Fund including:
(i)
fees
paid to a third party;
(ii)
remuneration
of the trustee;
(iii)
safe
custody and bank charges;
(iv)
auditor's
remuneration;
(v)
borrowing
expenses;
(vi)
other
amounts paid to any connected person of the Fund;
(vii)
legal
and other professional fees; and
(viii)
any
other expenses borne by the Fund;
(d)
taxes;
and
(e)
amounts
transferred to and from the Reserve Fund.
4.
Statement
of movements into and from the Reserve Fund:
The following information shall be included in the statement
of movements
in and from the Reserve Fund:
(a)
value
of the pension fund as at the beginning of the period;
(b)
amount
received from the Reserve Fund;
(c)
amount
paid into the Reserve Fund;
(d)
any item resulting in an increase or decrease in value of the
Fund including–
(i)
surplus
or loss on sale of investment;
(ii)
exchange
gain or loss;
Miscellaneous
(iii)
unrealized appreciation or diminution in value of investment;
and
(iv)
net
income for the period; and
(e)
value
of the Fund as at the end of the period.
5.
Notes
to the accounts:
The following shall be set out in the notes to the
accounts:
(a)
principal
accounting policies including:
(i)
the basis of valuation of the assets of the Fund including
the basis of valuation of unlisted securities;
(ii)
the revenue recognition policy regarding dividend income and
other income;
(iii)
foreign
currency translation, if any;
(iv)
taxation;
and
(v)
any other accounting policy adopted to deal with items which
are judged material or critical in determining the transactions.
Any changes to the above accounting policies and their financial effects upon the accounts should also be disclosed;
(b)
disclosure
of transactions with connected persons;–
(i)
details of all transactions entered into during the
accounting period between the Fund and the Management Committee or any entity
in which these parties or their connected persons have a material interest; and
(ii)
name of any member of the Management Committee or of any
employee or contracted if such person becomes entitled to profits from
transactions in securities or from management of the Fund and the amount of
profits to which such person becomes entitled.
(c)
borrowings,–
(i)
whether the borrowings are secured or unsecured and the
duration and maturity of such borrowings;
(ii)
contingent
liabilities and commitments of the Fund; and
(iii)
if the free negotiability of any asset is restricted by
statutory or contractual requirements.
6.
Contents
of the audit report:
The report of the auditor should state,–
(a)
whether in the auditor’s opinion, the accounts prepared for
that period have been properly prepared in accordance with the relevant
provisions of the Act and the rules and according to such International
Accounting Standards as generally apply in Pakistan;
(b)
without prejudice to the foregoing, whether in the auditor’s
opinion, a true and fair view is given of the disposition of the pension Fund
at the end of the accounting period and of the transactions of the pension
fund;
(c)
whether costs and expenses debited to the Fund are as
specified in the Act, rules or regulations;
(d)
if the auditor is of opinion that proper books and records
have not been kept by the Fund or the accounts prepared are not in accordance
with the Fund’s books and records, that fact; and
Punjab Estacode 2013
(e)
if the auditor has failed to obtain all the information and
explanations which, to the best of his knowledge and belief, are necessary for
the purpose of the audit, that fact.
7.
Investment
portfolio:
Information regarding the investment portfolio should
state, –
(a)
number or quantity of each holding of a security together
with the description and market value ;
(b)
the
total cost of each security;
(c)
the value of each security as a percentage of the total
assets less liabilities of the Fund; and
(d)
the statement of movements in securities purchased and sold
during the accounting period.
Miscellaneous
Provincial Management Service Rules, 2004
NOTIFICATION
The 17th January 2004
NO.SOR.III(S&GAD) 1-12/2000. In exercise of the powers conferred on him under Section 23 of the Punjab Civil Servants Act, 1974, (VIII of 1974) the Governor of the Punjab is pleased to direct that the following rules shall be made, namely—
1. Short title and
commencement: (1) These Rules may be
called the
Provincial Management Service Rules, 2004.
(2)
They
shall come into force at once.
2.
Definitions:
In these
Rules unless the
subject or context
otherwise requires:
a)
“Appointing Authority” means the authority specified in
column 4 of Schedule-I;
b)
“Commission” means the Punjab Public Service Commission;
c)
“Chief Minister” means the Chief Minister of the
d)
“Department” means Services & General Administration
Department;
e)
“Government” means Government of the
f)
“Graduate” means holder of a bachelor or equivalent degree
from a recognized university;
g)
“PMS” means the Provincial Management Service;
h)
“Prescribed Departmental Examination” means examination to be
conducted by the department for confirmation within probationary period;
i)
“Prescribed Departmental Training/ Examination” means examination
to be conducted by the department or any other agency after completion of
training course for promotion to BS-18 and BS-19; and
j)
“Secretariat” means the Punjab Civil Secretariat,
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3. Nomenclature of the posts: |
The |
Provincial |
Management Service shall |
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consist of the posts as specified in Schedule-II. |
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4. Method of Recruitment: |
The |
method |
of recruitment, minimum |
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qualifications, age limit and other matters related |
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thereto for the service shall be as given in |
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Schedule-II. |
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5. Repeal: |
The following rules are hereby repealed: |
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i) |
The
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Officers) Service Rules, 1962; |
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ii) |
The
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Recruitment Rules, 1963; |
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Miscellaneous
iii)
The
♥Provided that the existing incumbents of the ex-PCS, ex-PSS in different grades shall stand inducted in the PMS in their respective grades.
Provided further that their inter-se-seniority in respective cadres of ex-PCS and ex-PSS shall continue to be maintained separately and they shall continue to be governed under the existing arrangements regarding sharing of posts in different grades according to the ratio of 07:03 for ex-PCS and ex-PSS respectively.
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6. Transitional: |
The condition of graduation |
shall not |
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BY ORDERS OF THE GOVERNOR OF THE
ADDITIONAL CHIEF SECRETARY
♥Proviso substituted vide Notification No. SOR-III(S&GAD)1-12/2000 dated 02.12.2004. **Rule 6 omitted vide notification No. SORIII(S&GAD)1-16/2006 dated 11.01.2012.
SCHEDULE-I
(See Rule 4)
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Name of |
Functional |
Name/Scal |
Appointin |
Qualification for |
Method of |
Age for initial |
Examination, |
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the |
Unit |
e of the |
g |
appointment by |
Recruitment |
recruitment |
Training and |
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Deptt. |
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post |
Authority |
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other |
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conditions |
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required for |
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confirmation |
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Initial |
Promo- |
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Min |
Max |
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Recruit- |
tion |
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ment |
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1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
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10 |
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S & G A |
Provincial |
Additional |
Graduate |
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(1) 50% by initial |
21 |
28 |
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Prescribed |
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D |
Management |
(BS-17) as |
Chief |
(2nd Div.) |
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recruitment on the |
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Departmental |
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In the case of |
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Service |
per details |
Secretary |
from a |
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recommendations |
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Examination. |
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in |
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recognized |
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of the |
officials |
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Note: Those |
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Schedule-II |
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University |
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Public Service |
serving in |
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promoted |
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Commission |
connection |
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against 45% |
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based on the |
with the |
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quota or |
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result of |
affairs of the |
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selected on |
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combined |
Federal |
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merit against |
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competitive |
Govt. who |
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5% quota |
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examination. |
are domiciled |
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would also |
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(2) 45% to be |
in the |
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undergo |
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filled by |
as well as |
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comprehensive |
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promotion: |
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officials |
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post-induction |
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(a) 22.5% on the |
serving in |
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training at |
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connection |
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basis of seniority- |
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MPDD. |
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cum-seniority |
with the |
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from amongst |
affairs of the |
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Tehsildars, who |
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are graduates, |
having at |
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and have five |
least four |
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years service as |
years service |
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as such, the |
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(b) 22.5% on the |
upper age |
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basis of seniority- |
limit shall be |
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cum-fitness from |
35 years. |
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amongst the |
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Superintendents |
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and Private |
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Secretaries, who |
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are graduates, in |
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the ratio of 50:50, |
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respectively. |
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(3) 05% by |
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selection on merit |
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from amongst the |
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civil servants |
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holding |
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Contd. . . . . |
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@Entry in Column No. 1 to 10 against the post of PMS (BS-17) substituted vide Notification No. SOR-III (S&GAD)1-16/2006 dated 11.01.2012.
∗The words “and have passed the prescribed departmental examination” deleted vide Notification No. SOR-III(S&GAD)1-16/2005 dated 12.01.2013.
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1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
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S & G A D |
Provincial |
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Respective posts |
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Management |
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on regular basis in |
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Service |
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BS-5 to BS-16 |
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with Master’s |
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Degree or |
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Bachelor’s |
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Degree (4 years) |
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or LL.B from a |
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recognized |
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University, |
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serving under the |
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Government and |
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having the |
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following |
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experience: |
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(a) For officials in |
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(BS-11 to 16) |
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= 05 years; |
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and |
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(b) For officials in |
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(BS-5 to 10) |
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= 08 years. |
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Note: The |
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selection against |
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this quota of 5% |
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shall be made by |
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the Punjab Public |
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Service |
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Commission. |
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PMS |
Chief |
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100% by |
By promotion on |
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Prescribed |
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(BS-18) as |
Secretary |
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promotion |
seniority-cum- |
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Depart- |
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per detail at |
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fitness basis from |
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mental |
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Schedule-II |
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amongst the cadre |
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Training/ |
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of PMS/BS-17 |
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Examinations |
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having at least |
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five years |
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service. |
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PMS |
Chief |
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100% by |
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Prescribed |
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(BS-19) as |
Minister |
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promotion |
on the basis of |
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Depart- |
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per detail at |
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selection-on-merit |
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mental |
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Schedule-II |
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from amongst |
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Training/ |
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PMS officers |
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Examinations |
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holding posts in |
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BS-18 and having |
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at least 12 years |
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service against |
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posts in BS-17 |
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and above. |
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PMS |
Chief |
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100% by |
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Advance |
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(BS-20) as |
Minister |
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promotion |
on the basis of |
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Training |
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per detail at |
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selection-on-merit |
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Course from |
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Schedule-II |
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from amongst |
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NIPA or |
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PMS officers |
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from any |
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holding posts in |
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other training |
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BS-19 and having |
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course |
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at least 17 years |
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prescribed by |
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service against |
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the Govt. |
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posts in BS-17 |
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and above. |
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Contd. . . . . |
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♦Amended vide No. SOR-III(S&GAD)1-12/2000 dated 11.01.2011. ♦Amended vide No. SOR-III(S&GAD)1-12/2000 dated 11.01.2011.
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
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8 |
9 |
10 |
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S & G A D |
Provincial |
PMS |
Chief |
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100% by |
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Course from |
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Management |
(BS-21) as |
Minister |
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promotion |
on the basis of |
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Service |
per detail at |
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selection-on- |
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Administrative |
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Schedule-II |
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merit from |
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amongst PMS |
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National |
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officers holding |
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Defence |
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posts in BS-20 |
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College or from |
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and having at |
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any other |
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least 22 years |
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training Institute |
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service against |
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prescribed by |
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posts in |
BS-17 |
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Government. |
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and above. |
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(See rule 3)
After allocating the share of All Pakistan Unified Group (APUG) officers as may, from time to time, be determined by the Competent Authority and the share of technical services in the Secretariat, the balance of the following posts in different grades shall form the cadre strength of PMS in each grade:
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(1) |
PMS: (BS-17) |
Section |
Officer/Assistant |
Commissioner/Collector |
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(Consolidation)/General |
Assistant |
(Revenue)/Colony |
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Assistant/Sub Registrar and other equivalent posts as per |
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details at Annex-Part-I. |
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(2) |
PMS: (BS-18) |
Deputy Secretary/Additional Collector of the District and |
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other equivalent posts as per details at Annex-Part-II. |
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PMS: (BS-19) |
Additional |
Secretary/District |
Coordination Officer/ |
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Additional |
Commissioner |
(Revenue)/ |
Additional |
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Commissioner (Consolidation)/Additional |
Commissioner |
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(Coordination)/Collector of the District and other equivalent |
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posts as per details at Annex-Part-III. |
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(4) |
PMS: (BS-20) |
Secretary to Government of the Punjab/Commissioner of |
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the Division/District Coordination Officer and other |
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equivalent posts as per details at Annex-Part-IV. |
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(5) |
PMS: (BS-21) |
Secretary to Government of the Punjab/Commissioner of |
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the Division and other equivalent posts as per details at |
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Annex-Part-V. |
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Note: |
The share of technical services in the Secretariat posts shall be as under: |
|||||||
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i. |
S.Os in the Secretariat |
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20% |
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ii. |
Deputy Secretaries in the Secretariat |
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20% |
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iii. |
Additional Secretaries in the Secretariat |
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20% |
|||
♦Amended vide No. SOR-III(S&GAD)1-12/2000 dated 11.01.2011.
♠Schedule-II and Annexes appended to it substituted vide Notification No. SORIII(S&GAD)1-12/2000(P-I) dated 30.05.2011.
♦Entries in column 3 against Sr. No. (3) substituted vide Notification No. SORIII(S&GAD)1-12/2000 (P-I) dated 24.03.2012.
(Posts in BS-19)
|
Sr. |
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|
Name of the Post |
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|
% share of |
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No. |
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|
|
|
|
|
total posts |
|
1. |
District Coordination Officer |
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56% |
|||
|
2. |
Additional Commissioner:- |
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|
|||
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(i) |
|
Revenue |
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100% |
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(ii) |
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Consolidation |
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100% |
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(iii) |
|
Coordination |
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100% |
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3. |
Collector of the District |
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100% |
|||
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4. |
Executive District Officer |
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(i) |
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Finance & Planning |
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80% |
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(ii) |
|
Community Development |
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50% |
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5. |
Additional Secretary in the Secretariat |
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100% |
|||
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6. |
Secretary (Revenue/Settlement & Rehabilitation), Board |
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100% |
|||
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|
of Revenue, |
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7. |
Director, Land Records, Board of Revenue, |
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100% |
|||
|
8. |
Settlement Officer |
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100% |
|||
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9. |
Tehsil Municipal Officer |
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45% |
|||
|
10. |
Other equivalent posts, as may be specified by the |
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|||
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Government from time to time. |
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|||
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|
ANNEX-PART-IV |
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|
||
|
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|
|
(Posts in BS-20) |
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|
|
Sr. |
|
|
Name of the Post |
|
% share of |
||
|
No. |
|
|
|
|
|
total posts |
|
|
1. |
Secretary to Government of the |
100% |
|||||
|
2. |
Commissioner of the Division |
100% |
|||||
|
District Coordination Officer |
44% |
||||||
|
4. |
Member (Judicial), Board of Revenue at |
100% |
|||||
|
5. |
Such other equivalent posts, as may, from time to |
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|||
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|
time, be specified by the Government. |
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|||
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|
ANNEX-PART-V |
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||
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|
(Posts in BS-21) |
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|
|
Sr. |
|
|
Name of the Post |
|
% share of |
||
|
No. |
|
|
|
|
|
total posts |
|
|
1. |
Additional Chief Secretary |
|
100% |
||||
|
2. |
Chairman, Planning & Development Board |
|
100% |
||||
|
3. |
Chairman, CMIT |
|
|
|
|
100% |
|
|
4. |
Secretary to Government of the |
|
100% |
||||
|
5. |
Sr. Member/Member, BOR, Punjab/Chief Land |
|
100% |
||||
|
|
Commissioner/Relief Commissioner |
|
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|
|||
|
6. |
Commissioner of the Division |
|
100% |
||||
|
7. |
Such other equivalent posts, as may, from time to time, be |
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|
|||
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|
specified by the Government. |
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|||
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∗Entries in ANNEX-PART-III substituted vide Notification No. SORIII(S&GAD)1-12/2000 (P-I) dated 24.03.2012.
∇Entries in ANNEX-PART-IV, against Sr. No. 3, in column 3, substituted vide Notification No. SORIII(S&GAD)1-12/2000 (P-I) dated 24.03.2012.
Page:210
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