Miscellaneous Rules

Miscellaneous Rules
C o n t e n t s
Sr. No. Subject Page
MISCELLANEOUS RULES
1. Punjab Essential Services (Maintenance) Act, 1958………………………………. 1
2. Ex-Government Servants (Employment with Foreign Government) (Prohibition) Act, 1966……………………………………………………………………… 7
3. Punjab Service Tribunals Act, 1974 ………………………………………………….. 10
4. Punjab Service Tribunals Act (Procedure) Rules, 1975 and related instructions…………………………………………………………………………………….. 16
5. Punjab Government Servants Benevolent Fund Ordinance, 1960 ………….. 26
6. Punjab Government Servants Benevolent Fund Rules, 1960…………………. 31
7. Punjab Government Servants Benevolent Fund, Pat-I (Disbursement) Rules, 1965 ……………………………………………………………………………………………… 35
8. Punjab Government Servants Benevolent Fund, Part-II (Disbursement) Rules, 1966 and related instructions ………………………………………………….. 44
9. Punjab Government Employees Welfare Fund Ordinance, 1969……………. 68
10. Punjab Government Employees Welfare Fund Rules, 1969 ………………….. 74
11. Punjab Public Service Commission Ordinance, 1978…………………………… 91
12. Punjab Public Service Commission (Functions) Rules, 1978 ………………. 100
13. Punjab Public Service Commission (Terms and Conditions of Service) Rules 2012 …………………………………………………………………………………… 105
14. Punjab Public Service Commission Regulations, 2000 and instructions regarding appointment through the Commission ……………………………….. 109
15. Punjab Civil Services (Application for Posts) Rules, 1987………………….. 124
16. Punjab Civil Servants (Change in Nomenclature of Services and Abolition of Classes) Rules, 1974………………………………………………………………….. 127
17. Punjab Civil Services (Ratios of Recruitment) Rules, 1973 ………………… 130
18. Punjab Civil Servants (Minimum Length of Service for Promotion) Rules, 2010 ……………………………………………………………………………………………. 132
19. Punjab Civil Servants (Restriction on Marriages with Foreign Nationals) 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 Punjab Office of Ombudsman Act, 1997……………………………………. 163
23. Ombudsman for the Province of Punjab (Regulations, Investigation and Disposal of Complaints) Regulations, 2005………………………………………. 178
24. Punjab Pension Fund Rules 2007 ……………………………………………………. 191
25. Provincial Management Service Rules, 2004 ……………………………………. 203
Punjab Essential Services
(Maintenance) Act, 1958
ACT XXXIV OF 1958
WEST PAKISTAN ESSENTIAL SERVICES (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 Punjab;
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 Punjab, except the Federal Capital and the Special Areas.
(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 Punjab.
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).
) 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 PUNJAB ESSENTIAL SERVICES
(MAINTENANCE) ACT, 1958
cations:
(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: WEST PAKISTAN ESSENTIAL SERVICES (MAINTENANCE) ACT,
1958 – POWERS OF SUPERINTENDENTS OF POLICE AND
DISTRICT MAGISTRATES
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
(EMPLOYMENTWITH 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 Pakistan, it is expedient to prohibit ex–Government servants from seeking or taking up employment with a foreign Government or foreign agency;
And whereas the national interest in relation to the security of Pakistan requires Central legislation in the matter under clause (2) of Article 131 of the Constitution;
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 Pakistan.
(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.
(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 Punjab Service Tribunals
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 PUNJAB SERVICE TRIBUNALS ACT, 1974
PUNJAB ACT NO. IX OF 1974
(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 Punjab.
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 Punjab *Service Tribunals Act, 1974.
(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 Punjab;
(d) “Governor” means the Governor of the Punjab;
(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 Pakistan if his remuneration is hereby increased.
(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 Pakistan to be appointed by the Governor.
*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 (Punjab Ordinance No. II of 1980).
*Inserted, vide Section 2 of the Punjab Service Tribunal (Amendment) Ordinance, 1980 (Punjab Ordinance No. II of 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.
*6. Deleted.
*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 Punjab Civil Services (Appellate Tribunals) Ordinance, 1970 (Punjab Ordinance No.IV of 1970) is hereby repealed.
(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 Punjab Ordinance No.V of 1974 – The Punjab Administrative Tribunals Ordinance, 1974 (Punjab Ordinance No.V of 1974) is hereby repealed.
Punjab Service Tribunals (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, (Punjab Act, No. IX of the 1974), the Governor of the Punjab is pleased to make the following rules, namely –
THE PUNJAB SERVICE TRIBUNALS (PROCEDURE) RULES, 1975
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;
(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.
(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.
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)
Sr. No.
Date of presentation of appeal
Name and address of the appell-ant
Name and address of the respondent
Date of registration of the appeal
Whether admitted or dismissed in limine with date of order
Amount of cash security and costs deposit–ed by the appellant
Date of final order
Brief substance of the final order
Date on which copy of the final order sent to the competent authority
ANCILLARY
INSTRUCTIONS
THE PUNJAB SERVICE TRIBUNALS (PROCEDURE) RULES, 1975
No.SOR–III(S&GAD)1–18/74(Pt–II) Dated the 8th September 1979
Subject: IMPLEMENTATION OF DECISIONS OF PUNJAB SERVICE
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 Punjab is please to make the following rule:
(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.
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 Punjab has now been pleased to decide that pension and retirement benefits of civil servants who retired or expired on or after the 1st March, 1972, should be determined in accordance with the provisions that follow.
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
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:
CHILDREN’S PENSION
Class of Injury
Pension
Gratuity
Child without own mother
Child with own mother living
A.
20% of pay subject to a maximum of Rs.600 and a minimum of Rs.100 P.M.
(Note – After death it will devolve on the widow)
6 months pay
5% of pay, subject to a maximum of Rs.100 and minimum of Rs.50 per child
2 ½% of pay subject to a maximum of Rs.50 and minimum of Rs. 25 per child
B.
15% of pay subject to a maximum of Rs.450 and a minimum of Rs.75 P.M.
Nil
4% of pay, subject to a maximum of Rs.80 and a minimum of Rs.40 per child
2% of pay subject to a maximum of Rs.50 and a minimum of Rs.25 per child
C.
15% of pay subject to a maximum of Rs.150 and a minimum of Rs.75 P.M.
Nil
Nil
Nil
In case of death these shall be allowed at the following scale:
20% of pay subject to a maximum of Rs.600 and a minimum of Rs.100 P.M.
6 months pay
5% of pay subject to a maximum of Rs.100 and a minimum of Rs.50 per child
2 ½ of pay subject to a maximum of Rs.50 and a minimum of Rs.25 per 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.
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
Page:65
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.
(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
Page:67
“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 Punjab Government Employees Welfare Fund Ordinance, 1969

THE *(PUNJAB) GOVERNMENT EMPLOYEES
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 Punjab) Government and their families.
Preamble–Whereas, it is expedient to establish Welfare Fund for the relief and security of the employees of the *(Punjab) Government and their families;
And Whereas the Provincial Assembly of *(the Punjab) is not in session and the Governor of *(the Punjab) is satisfied that circumstances exist which render immediate legislation necessary;
Now, therefore, in exercise of the powers conferred on him by clause (I) of Article 79 of the Constitution, the Governor of *(the Punjab) is pleased to make and promulgate the following Ordinance:
1. Short title, extent and commencement–(1) This Ordinance may be called the *(Punjab) Government Employees Welfare Fund Ordinance, 1969.
(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 Punjab);
*Substituted for the words “West Pakistan” vide Punjab Laws (Adaptation), Order, 1974.
*Substituted by the ‘Punjab Government Employees Welfare Fund (Amendment) Ordinance, 1980’, given effect from 1st July 1979.
**Substituted for the words “Government of West Pakistan” vide Punjab Laws (Adaptation) Order, 1974.
(d) “Governmentservant” 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*** (Punjab) Employees Welfare Fund.
(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 “West Pakistan” vide Punjab Laws (Adaptation) Order, 1974.
***Substituted for the words “West Pakistan” vide Punjab Laws (Adaptation) Order, 1974.
(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 (Punjab) Amendment) Act, 1975.
*Inserted vide the West Pakistan Employees Welfare Fund (Punjab Amendment) Act, 1975.
**The words “West Pakistan” deleted by Punjab Laws (Adaptation) Order, 1975.
♥Sub-section (2) was added vide the West Pakistan Government Employees Welfare Fund (Punjab Amendment) Act, 1975.
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.
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.
*NPS 1 to 4 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.
GOVERNMENT OF ♣[WEST PAKISTAN] PUNJAB
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 “West Pakistan” vide Punjab Laws (Adaptation) Order, 1974, wherever occurs.
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.
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 Lahore, Karachi and Peshawar and by the Treasury Officer concerned in the case of payments made in their respective districts.
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;
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.
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 PUNJAB
_________________DEPARTMENT/OFFICE
Dated _______________
To
__________________________
(Address of the Insurance Co.)
Dear Sirs,
Claim No._______________________________________________
GROUP INSURANCE SCHEME FOR THE EMPLOYEES OF
THE GOVERNMENT OF THE PUNJAB
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
Page:81
ANNEXURE “C”
(NON–GAZETTED)
GOVERNMENT OF THE PUNJAB
_________________DEPARTMENT/OFFICE
Dated _______________
To
__________________________
(Address of the Insurance Co.)
Dear Sirs,
Claim No._______________________________________________
GROUP INSURANCE SCHEME FOR THE EMPLOYEES OF
THE GOVERNMENT OF THE PUNJAB
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 PUNJAB GOVERNMENT EMPLOYEES 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.
(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.
2. The annual and monthly rates of premia for different categories of employees with effect from 01.07.1984 will be as under:
_________________________________________________
Category of Sum Annual Monthly
Govt. Servants Assured premia deduction
_________________________________________________
BS 1 to 4 7,500.00 27.37 2.28
BS t to 10 10,000.00 36.50 3.04
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
Page:85
6. The Punjab Employees Welfare Fund Rules, 1969 are being amended separately to the extent of modification in the rate of premium
NO.SOWF.III(S&GAD)3–1/87 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)72Dated 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 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 Punjab is pleased to constitute the following Welfare Boards; namely:
a) PROVINCIAL WELFARE BOARD (GAZETTED)
1. Secretary to Govt. of the Punjab, Chairman
Finance Department
2. Secretary to Govt. of the Punjab, Member
Law & Parliamentary Affairs Deptt.
3. Addl. Secretary (Budget), Govt. of the Member
Punjab Finance Department.
4. Economic Advisor (BF).Deputy Member/
Secretary (Fund), S&GAD. Secretary
b) PROVINCIAL WELFARE BOARD (NON–GAZETTED)
1. Secretary to Govt. of the Punjab, Chairman
Finance Department
2. Secretary to Govt. of the Punjab, Member
Law & Parliamentary Affairs Department
3. Addl. Secretary (Budget), Govt. of the Member
Punjab, Finance Department.
4. Economic Advisor (BF).Deputy Member/
Secretary (Fund), S&GAD. Secretary
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 Pakistan in case death occurs within five years after retirement.

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
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 Pakistan in case death occurs within five years after retirement.
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
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 Pakistan in case death occurs within five years after retirement.
Punjab Public Service Commission Ordinance, 1978

GOVERNMENT OF THE PUNJAB LAW DEPARTMENT
No. Legis:3(II)/78
Dated the 18th January 1978
The following Ordinance promulgated by the Governor of the Punjab is hereby published for general information:
THE PUNJAB PUBLIC SERVICE COMMISSION
ORDINANCE, 1978
PUNJAB ORDINANCE NO. II OF 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 Punjab is satisfied that circumstances exist which render it necessary to take immediate action;
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 Punjab is pleased to make and promulgate the following Ordinance:
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 Pakistan in basic scale 21 or above;
(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.
Term of Office.–
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).
Substituted 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).
(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.–
∇6. Omitted.
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.
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.
Rules *and Regulations.–
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.
♣SCHEDULE
(See section 4–A)
I, do solemnly swear that I will bear true faith and allegiance to Pakistan.
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 PUNJAB PUBLIC SERVICE COMMISSION ORDINANCE, 1978
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.”
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 Pakistan:
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 Pakistan.”
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.”
Punjab Public Service Commission (Functions) Rules, 1978

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 Punjab is pleased to make the following rules:
1. (1) These rules may be called the Punjab Public Service Commission (Functions) Rules, 1978.
(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
**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
___________________________________________________________________
*(1) Services & General Administration Posts of Additional
Department. District &
Sessions Judges and
posts of District &
Sessions Judges.
@(2) Governor’s House. Comptroller.
**(3) Deleted.
♠(4) Deleted.
*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.

PREVIOUS VERSIONS OF AMENDED RULES OF PUNJAB PUBLIC SERVICE COMMISSION (FUNCTIONS) RULES, 1978 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, Punjab 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.”
Punjab Public Service Commission (Terms and Conditions of Service)
Rules 2012
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 Punjab is pleased to make the following rules:
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:
(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.
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SCHEDULE (see rule 2)
Salary, Allowances & Utilities
Sr. No.
Items
Chairman
Member
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
Total
Rs. 3,57,000/- per month
Rs. 2,79,750/- per month
Facilities
Sr. No.
Items
Chairman
Member
1.
One Chauffeur driven car maintained at the Government expense for official and private use.
1600 CC capacity
1300 CC capacity
2.
Petrol Limit
340 Liter per month
270 Liter per month
3.
TA/DA
As admissible to civil servants of highest grades
As admissible to civil servants of highest grades
4.
TA/DA on official
duty abroad
As admissible to civil servants in Category-I
As admissible to civil servants in Category-I
5.
Medical facilities
Reimbursement of medical and hospitalization charges for self, spouse and children for treatment received at Government or Government recognized institution in Pakistan.
Reimbursement of medical and hospitalization charges for self, spouse and children for treatment received at Government or Government recognized institution in Pakistan.

Punjab Public Service Commission Regulations, 2000
PUNJAB PUBLIC SERVICE COMMISSION
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 Punjab.
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).
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.
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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 Punjab basis or as decided by the Government. However, zonal or regional allocation, if and where applicable, will be provided with the requisition strictly in accordance with such instructions of the Government as are issued from time to time.
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.
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 Pakistan, he/she may apply on plain paper indicating particulars of his/her age, qualification, experience and domicile along with supporting documents, as asked for. The candidate, shall, however, have to go through all the stages of the process of selection as required in case of others.
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:
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
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 Punjab.
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 ServiceCommission 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.
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.
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 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
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 Pakistan will be counted as practical experience.
51. Experience gained as Medical Officer/Casualty Officer in a Civil Hospital/Dispensary of Pakistan or of a Provincial/Local Government and similar experience in the Army Medical Institutions is to be counted toward specialty only if it is acquired after post–graduate qualification.
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.
56. 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.
57. The allocation of posts to Committees for interview will be made by the Chairman.
58. 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
Representative or two Subject Specialists
ii) Two–Member Committee: One Member of the Commission with one Subject Specialist and Departmental
Representative or two Subject Specialists
iii) Full Commission: Two Members of the Commission with one Subject Specialist and Departmental
Representative or two Subject Specialists
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.
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.
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.
Punjab Civil Services
(Applications for Posts) Rules, 1987
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 Punjab is pleased to make the following rules, namely:
1. Short Title & Commencement.– (1) These rules may be called the Punjab Civil Services (Applications for Posts) Rules, 1987.
(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.
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 Punjab Province) are hereby repealed.
Punjab Civil Servants (Change in Nomenclature of Services & Abolition of Classes) Rules, 1974

No.SOR.III–1–52/73D ated 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 Punjab is pleased to make the following rules:
1. (1) These rules may be called the Punjab Civil Servants (Change in Nomenclature of Services and Abolition of Classes) Rules, 1974.
(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 Punjab;
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
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
No.SOR.III–1–24/74 Dated the January, 1974
1. Short title, application and commencement.— (1) These Rules may be called the Punjab Civil Services (Ratios of Recruitment) Rules, 1973.
2) These Rules shall apply to the recruitment of all the posts and Services under the rule making power of the Governor of the Punjab.
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 Punjab.
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.
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 Punjab is pleased to direct that the following rules shall be made:
1. Short title, extent and commencement.– (1) These rules may be called the Punjab Civil Servants (Minimum Length of Service for Promotion) Rules, 2010.
(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.
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.
(ii)
For posts in Basic Scale 19
12 years service against posts in Basic Scale 17 and above.
(iii)
For posts in Basic Scale 20
17 years service against posts in Basic Scale 17 and above.
(iv)
For posts in Basic Scale 21
22 years service against posts in Basic Scale 17 and above.
2. Where initial recruitment has taken place in Basic Scale 18:
(i)
For posts in Basic Scale 19
7 years service against posts in Basic Scale 18.
(ii)
For posts in Basic Scale 20
12 years service against posts in Basic Scale 18 and above.
(iii)
For posts in Basic Scale 21
17 years service against posts in Basic Scale 18 and above.
3. Where initial recruitment has taken place in Basic Scale 19:
(i)
For posts in Basic Scale 20
5 years service against posts in Basic Scale 19.
(ii)
For posts in Basic Scale 21
10 years service against posts in Basic Scale 19 and above.
4. Where initial recruitment has taken place in Basic Scale 20:
(i)
For posts in Basic Scale 21
5 years service against posts in Basic Scale 20.
∗5. Where initial appointment of a person was made to posts in Basic Pay Scale 16 or below, 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 Civil servants (Restriction on Marriages with Foreign Nationals) Rules 2011
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 Punjab is pleased to make the following rules, namely.–
1. Short title, commencement and application.– (1) These rules may be cited as the Punjab Civil Servants (Restriction on Marriages with Foreign Nationals) Rules 2011.
(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 Pakistan;
(b) “Government” means Government of the Punjab;
(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
Islamabad, the 11th March, 2010
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 Pakistan.
(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;
(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;
(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
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.

(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.
(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
vi. The Ombudsmn 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.
(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
(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 Pakistan
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), ISLAMABAD
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.
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 Punjab 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, Lahore
14. Ms. Bushra Khaliq, Executive Director, WISE, Lahore
15. Dr. Shehla Javed Akram, President, WCOC&C, Lahore
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, Lahore
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.
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.
Punjab Estacode 2013
Page :152
Extract From Civil Services Rules Punjab
(Volume I – Part–I)
JOINING TIME
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 Pakistan and paragraph 2 (iii) and 14 of the Defence Services Regulations, India Passage Regulations, respectively read with Fundamental Rule 3. These rules admit of the grant of joining time and traveling
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 Punjab 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.
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
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 Pakistan and the order of appointment to the new post reaches him before he arrives at the port of debarkation, the port of debarkation is the place in which he received the order for the purpose of this rule.
(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 Pakistan port in the
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 Pakistan.
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.
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:
JOINING TIME
Name of
Department
Charge to
be transferred
Authority competent to determine whether the period spent in completing the transfer of charge is not excessive
1.Jail
2.Reclamation
3.Industries
4.Agriculture
i) Dy. Superintendents and store–keepers.
ii) Assistant store–keepers at the following jails:
(1)Borstal Institution & Juvenile Jail, LHR.(2) Jhelum (3) D.G. Khan (4) Campbellpur (5) Jhang (6) Gujrat (7) Shahpur Camp (8) Sargodha (9) Sheikhupura (10) Kasur.
Asstt: Managers, Adult and Bostal, Reformatory Farms, Burewala
Teachers and clerks holding charge of stores in the Government industrial schools and institutes.
Store–keepers in the Mayo School of Arts, Lahore, Government Institute of Dyeing and Calico printing and Demonstration Weaving Factory, Shahdara and Arts and crafts Depot, Lahore.
Lady Superintendent and Head Mistresses who held charge of Stock and Stores in Government Zenana Industrial Schools.
Store–keepers and clerks in marketing sections, wool section and sericulture section and sericulture section laboratory assistants in the industrial research laboratory, demonstrators of all demonstration parties in the Punjab.
Store–keepers, Well Supervisors and Well Borers sections and agriculture assistants and clerks attached to farms.
Inspector General of Prisons, Punjab.
Reclamation Officer.
Director of Industries.
Director of Industries.
Director of Industries.
Director of Industries.
Director of Industries.
5.Judicial
Ahlmads and Record–keepers in the courts of District and Sessions Judges including Additional District and Sessions Judges.
Ahlmads, Execution Moharrirs, Guardian Moharrirs in the courts of senior and other subordinate judges and administrative subordinate judges and readers to administrative subordinate judges.
Ahlmads, Naib Sheriffs–in–charge of execution work and insolvency clerk in small courts.
District and Sessions Judge concerned up to 10 days.
Presiding officer of the court up to 7 days and District and Sessions judges up to 10 days.
Ditto
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.
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 Punjab.
THE PUNJAB OFFICE OF THE OMBUDSMAN ACT 1997
Act X of 1997
[First published, after having received the assent of the Governor of the Punjab, in the Gazette of the Punjab (Extraordinary) dated June 30, 1997]
An Act to provide for the establishment of the office of Ombudsman in the Province of the Punjab.
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 Punjab.
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 Punjab and its Secretariat.
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
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 Province of Punjab appointed under section 3;
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 Province of Punjab who shall be appointed by the Government.
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 Pakistan; or
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).
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 Pakistan or for election as a member of Parliament or a Provincial Assembly or any local body, unless a period of four years has elapsed since his dismissal.
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 Pakistan’ inserted vide the Punjab Office of the Ombudsman (Amendment) Act 2003 (Act III of 2003).
(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 Pakistan or the relations or dealings of Pakistan with any foreign state or Government; or
(c) relate to, or are connected with, the defence of Pakistan or any part thereof, the Military, Naval and Air Forces of Pakistan, or the matters covered by the laws relating to those forces.
(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 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:
(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. Defiance of recommendations
(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.
14. Powers of the ombudsman
(1) The Ombudsman shall, for the purposes of this Act have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908, in respect of the following matters, namely:
(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;
(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 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.
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
No Court or other authority shall have 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.
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
(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.
FIRST SCHEDULE
[see section 3(3)]
I, ………………. do solemnly swear that I will bear true faith and allegiance to Pakistan.
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 Pakistan and the Province of the Punjab.
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)
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 Punjab.
THE PUNJAB OFFICE OF THE OMBUDSMAN (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 Punjab (Extraordinary) dated 10 February 2003]
An Act further to amend the Punjab Office of the Ombudsman Act, 1997.
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 Province of Punjab (Registration, Investigation and Disposal of Complaints)
Regulations, 2005
OFFICE OF THE OMBUDSMAN PUNJAB LAHORE
NOTIFICATION
No. (Registrar) 1–21/2004 Dated Lahore the January 31, 2005
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 Province of Punjab (Registration, Investigation and Disposal of Complaints) Regulations, 2005.
(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 Lahore;
(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;
(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 Province of Punjab;
(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.
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.
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
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.
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.
15. 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
(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 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;
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 Report.— (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.
(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
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(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
NAME OF OFFICE
DISTRICTS
HEAD OFFICE, LAHORE
Lahore, Sheikhupura, Kasur, Okara, Gujranwala, Sialkot, Narowal, Gujrat, Hafizabad, Mandi Bahauddin, Rawalpindi, Jhelum, Chakwal, Attock, Sargodha, Mianwali, Khushab, Bhakkar, Faisalabad, Jhang, T.T. Singh, Bahawalnagar, Pakpattan.
REGIONAL OFFICE, MULTAN
Multan, Sahiwal, Khanewal, Lodhran, Vehari, D.G.Khan, Muzaffargarh, Rajanpur, Layyah, Bahawalpur, R.Y.Khan.
OMBUDSMAN FOR THE PROVINCE OF PUNJAB
Miscellaneous
Page:191
Punjab Pension Fund Rules 2007
GOVERNMENT OF THE PUNJAB FINANCE DEPARTMENT
Dated Lahore, the 2nd October, 2007
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 Punjab is pleased to direct that the following rules shall be made:
CHAPTER–I
PRELIMINARY
1. Short title and commencement.– (1) These rules may be cited as the Punjab Pension Fund Rules 2007.
(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 Pakistan;
(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
Page:193
(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;
(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.
(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.
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.
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 Pakistan and operating as trustee internationally; or
(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;
(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.
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.
(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;
(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
(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.
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 Punjab 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 Punjab;
d) “Department” means Services & General Administration Department;
e) “Government” means Government of the Punjab;
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, Lahore.
3. Nomenclature of the posts: The Provincial Management Service shall consist of the posts as specified in Schedule-II.
4. Method of Recruitment: The method of recruitment, minimum qualifications, age limit and other matters related thereto for the service shall be as given in Schedule-II.
5. Repeal: The following rules are hereby repealed:
i) The West Pakistan Secretariat (Section Officers) Service Rules, 1962;
ii) The West Pakistan Deputy Secretaries’ Recruitment Rules, 1963;
iii) The Punjab Extra Assistant Commissioners’ Recruitment Rules, 1992;
♥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.
**6. Transitional: The condition of graduation shall not apply for a period of nine years from the date of promulgation of these rules for existing incumbents for promotion against BS-17 posts, as given in column 6 para (2)(b) of Schedule-I.
BY ORDERS OF THE GOVERNOR OF THE PUNJAB
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)
Name of the Deptt.
Functional Unit
Name/Scale of the post
Appointing Authority
Qualification for appointment by
Method of Recruitment
Age for initial recruitment
Examination, Training and other conditions required for confirmation
Initial Recruit-ment
Promo-tion
Min
Max
1
2
3
4
5
6
7
8
9
10
S & G A D
Provincial Management Service
@PMS (BS-17) as per details in Schedule-II
Additional Chief Secretary
Graduate (2nd Div.) from a recognized University
(1) 50% by initial recruitment on the recommendations of the Punjab Public Service Commission based on the result of combined competitive examination.
(2) 45% to be filled by promotion:
(a) 22.5% on the basis of seniority-cum-seniority from amongst Tehsildars, who are graduates, and have five years service as Tehsildar∗; and
(b) 22.5% on the basis of seniority-cum-fitness from amongst the Superintendents and Private Secretaries, who are graduates, in the ratio of 50:50, respectively.
(3) 05% by selection on merit from amongst the civil servants holding
21
In the case of officials serving in connection with the affairs of the Federal Govt. who are domiciled in the Punjab as well as officials serving in connection with the affairs of the Punjab Govt. having at least four years service as such, the upper age limit shall be 35 years.
28
Prescribed Departmental Examination.
Note: Those promoted against 45% quota or selected on merit against 5% quota would also undergo comprehensive post-induction training at MPDD.
Contd. . . . .
@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.

S & G A D
Provincial Management Service
Respective posts on regular basis in BS-5 to BS-16 with Master’s Degree or Bachelor’s Degree (4 years) or LL.B from a recognized
University, serving under the Government and having the following experience:
(a) For officials in (BS-11 to 16)
= 05 years;
and
(b) For officials in (BS-5 to 10)
= 08 years.
Note: The selection against this quota of 5% shall be made by the Punjab Public Service Commission.
PMS (BS-18) as per detail at Schedule-II
Chief Secretary
100% by promotion
By promotion on seniority-cum-fitness basis from amongst the cadre of PMS/BS-17 having at least five years service.
Prescribed Depart-mental Training/ Examinations
PMS
(BS-19) as per detail at Schedule-II
Chief Minister
100% by promotion
♦By promotion on the basis of selection-on-merit from amongst PMS officers holding posts in BS-18 and having at least 12 years service against posts in BS-17 and above.
Prescribed Depart-mental Training/ Examinations
PMS
(BS-20) as per detail at Schedule-II
Chief Minister
100% by promotion
♦By promotion on the basis of selection-on-merit from amongst PMS officers holding posts in BS-19 and having at least 17 years service against posts in BS-17 and above.
Advance Training Course from NIPA or from any other training course prescribed by the Govt.
Contd. . . . .
♦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.
S & G A D
Provincial Management Service PMS
(BS-21) as per detail at Schedule-II
Chief Minister
100% by promotion
♦By promotion on the basis of selection-on-merit from amongst PMS officers holding posts in BS-20 and having at least 22 years service against posts in BS-17 and above.
Course from Pakistan Administrative Staff College/ National Defence College or from any other training Institute prescribed by Government.
♠SCHEDULE-II
(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:
(1)
PMS: (BS-17)
Section Officer/Assistant Commissioner/Collector (Consolidation)/General Assistant (Revenue)/Colony Assistant/Sub Registrar and other equivalent posts as per details at Annex-Part-I.
(2)
PMS: (BS-18)
Deputy Secretary/Additional Collector of the District and other equivalent posts as per details at Annex-Part-II.
♦(3)
PMS: (BS-19)
Additional Secretary/District Coordination Officer/ Additional Commissioner (Revenue)/ Additional Commissioner (Consolidation)/Additional Commissioner (Coordination)/Collector of the District and other equivalent posts as per details at Annex-Part-III.
(4)
PMS: (BS-20)
Secretary to Government of the Punjab/Commissioner of the Division/District Coordination Officer and other equivalent posts as per details at Annex-Part-IV.
(5)
PMS: (BS-21)
Secretary to Government of the Punjab/Commissioner of the Division and other equivalent posts as per details at Annex-Part-V.
Note: The share of technical services in the Secretariat posts shall be as under:
i. S.Os in the Secretariat 20%
ii. Deputy Secretaries in the Secretariat 20%
iii. Additional Secretaries in the Secretariat 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.
ANNEX-PART-I
(Posts in BS-17)
Sr. No.
Name of the Post
% share of total posts
1.
Section Officer
100%
2.
Assistant Commissioner
100%
3.
Collector (Consolidation)
100%
4.
General Assistant (Revenue)
100%
5.
Colony Assistant
100%
6.
Sub-Registrar
100%
7.
Deputy District Officer (Human Resource Management)
100%
8.
Deputy District Officer (Finance)
100%
9.
Deputy District Officer (Judicial)
100%
10.
Tehsil Municipal Officer
20%
11.
Such other equivalent posts, as may, from time to time, be specified by the Government.
ANNEX-PART-II
(Posts in BS-18)
Sr. No.
Name of the Post
% share of total posts
1.
(1) Additional Collector of the District
(2) District Officers
(i) Coordination
(ii) Human Resource Management
(iii) Finance
(iv) Works and Services/Transport (Secretary, District Regional Transport Authority)
(v) Planning
(vi) Literacy
(vii) Cooperative
100%
100%
100%
100%
60%
30%
50%
33%
2.
Tehsil Municipal Officer
33%
3.
Deputy Secretary in the Secretariat and Board of Revenue
100%
4.
Such other equivalent posts, as may, from time to time, be specified by the Government.
∗ANNEX-PART-III
(Posts in BS-19)
Sr. No.
Name of the Post
% share of total posts
1.
District Coordination Officer
56%
2.
Additional Commissioner:-
(i) Revenue
(ii) Consolidation
(iii) Coordination
100%
100%
100%
3.
Collector of the District
100%
4.
Executive District Officer
(i) Finance & Planning
(ii) Community Development
80%
50%
5.
Additional Secretary in the Secretariat
100%
6.
Secretary (Revenue/Settlement & Rehabilitation), Board of Revenue, Punjab
100%
7.
Director, Land Records, Board of Revenue, Punjab
100%
8.
Settlement Officer
100%
9.
Tehsil Municipal Officer
45%
10.
Other equivalent posts, as may be specified by the Government from time to time.
ANNEX-PART-IV
(Posts in BS-20)
Sr. No.
Name of the Post
% share of total posts
1.
Secretary to Government of the Punjab
100%
2.
Commissioner of the Division
100%
∇3.
District Coordination Officer
44%
4.
Member (Judicial), Board of Revenue at Rawalpindi
100%
5.
Such other equivalent posts, as may, from time to time, be specified by the Government.
ANNEX-PART-V
(Posts in BS-21)
Sr. No.
Name of the Post
% share of total posts
1.
Additional Chief Secretary
100%
2.
Chairman, Planning & Development Board
100%
3.
Chairman, CMIT
100%
4.
Secretary to Government of the Punjab
100%
5.
Sr. Member/Member, BOR, Punjab/Chief Land Commissioner/Relief Commissioner
100%
6.
Commissioner of the Division
100%
7.
Such other equivalent posts, as may, from time to time, be specified by the Government.
∗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.