1.	Anti Money Laundering Ordinance, 2009
2.	Anti Terrorism Act (ATA), 1997
3.	Anti Terrorism Ordinance, Amended (2009)
4.	Central Depositaries Act 1997
5.	Copyright Ordinance 1962
6.	Pakistan Companies Act 1974
7.	Consumer Laws
8.	Copyright Rules
9.	Pakistan Customs Act 1969
10.	Customs Rules 2001
11.	Value Added Tax Act, 2010-Federal (27-02-10)
12.	Integrated Circuits Ordinance 2000
13.	Sales, Finance Ordinance 2009.
14.	Income Tax Rules 2008
15.	Income Tax Ordinance 2001 (updates 28-10-2009)
16.	Insurance Ordinance 2000
17.	Intellectual Property Ordinance
18.	Labor laws Pakistan-child labor laws
19.	Patent Ordinance 2000
20.	Law and Justice Commission Ordinance
21.	Listed Companies Ordinance 2002
22.	Patent Rules 2003
23.	Sales Tax Act 1990
24.	Securities and Exchange Commission of Pakistan Act 1997
25.	Securities and Exchange Ordinance 1969
26.	The Sales Tax Rules 2006
27.	The Sales Tax Special Procedure (Withholding) Rules 2007
28.	The Sales Tax Special Procedures Rules 2007
29.	Trademark Rules 2004
30.	Trademark Ordinance 2001
31.	Trademark Act 1940

WRITING OF SUBORDINATES CONFIDENTIAL REPORT

(Writing of PERs)

• Extent of application:

• The instructions will apply to all government servants serving in connection with the affairs of the province of the Punjab, except of the following who need not be reported upon:

– i) Judges of the Punjab High Court;

– ii) Members of the Punjab Public Service Commission.

2. When should a Report be written: The report shall relate to a calendar year. It shall be initiated in the first week of January by the initiating authority and forwarded to the higher authority in the same week. The higher authority shall give its remarks within one week. In case it is necessary to send the report to a third authority, it will be sent to the authority immediately. The final authority shall also record its views within a week. Time schedule has been laid down so that the remarks are based on the performance of government servants during the calendar year to which they relate. Otherwise, consciously or sub-consciously subsequent events can contribute towards the formation of opinion in respect of the past year. Thus the reports should be completed within the month of January each year.

3. Responsibility of the final authority to ensure prompt writing of confidential reports: Generally, the writing of confidential reports gets delayed, which affects the disposal of cases in which it is necessary to consult Character Rolls. This also leads to frustration among the government servants. The final authority about the writing of confidential report will be responsible for obtaining confidential reports for the preceding calendar year within the month of January, each year. It would then furnish a certificate to Services, General Administration and Information Department that all the confidential reports which were due to be completed have actually been completed and placed on the Character Rolls. This certificate should reach Services, General Administration and Information Department (Section R-IV) in the first week of February. The defaulting authorities shall be brought to the notice of government for appropriate disciplinary action.

4. Minimum period for writing of reports: The minimum period during which an officer is expected to form judicious opinion about the work of his subordinate for the purpose of writing a report on his work and conduct has been prescribed as three months. The report recorded in respect of period less than the minimum prescribed period should be ignored.

[Note: (i) The period spent on leave of any kind (except casual leave) shall not be included and the said minimum period of 3 months will mean and include only the actual periods, spent on duty in which the work, performance and conduct of the government servant reported upon has been seen by the reporting officer]

[Note: (ii) PER for the period a govt. servant remains under suspension will not be required to be recorded. Instead a certificate indicating the reasons for not recording ACR will be placed in his CR Dossier.]

5. Action when a reporting officer or a subordinate is transferred: If the reporting officer is transferred during the course of a calendar year he should be required to write a report if his transfer occurs more than two months from the date, the last report was due. Such reports must be written before relinquishing charge. The report shall be sent to the higher authority when all the reports for the year have been written. If a subordinate is transferred during the course of a calendar year and he has worked for more than two months under the reporting officer then the latter shall record his opinion. In case he is being transferred from the jurisdiction of the higher authority then the views of the higher authority shall be obtained and forwarded to the department/office where a subordinate has been transferred.

6. Special Report: If a government servant is placed on Special Report for any reason the special report recorded on him should be placed on the Character Roll.

7. Reporting channel: the Services, General Administration and Information Department has laid down a chart showing the details of authorities for the initiation, counter-signature, communication and expunction of adverse remarks in the confidential reports in respect of officers/officials of the Punjab Secretariat Departments and sub-offices/institutions under the administrative control of SGA&I Department, vide appendix I. The Administrative Departments should use it as a model to lay down similar charts in respect of all other services and posts and furnish copies of the same to the Services, General Administration and Information Department.

8. It is, however, explained that while framing the chart, the following principles should be kept in view:

• i) The Report should be initiated by the immediate superior authority.

• ii) It should be countersigned by the next higher authority.

• iii) The final countersigning authority in the case of officers holding posts in BS-16, shall be the Head of the Attached Department or Regional Head concerned as the case may.

9. Reports of persons on deputation: The annual confidential report will be written by the borrowing authority/department. These organizations will decide about the initiating authority and the channel of submission. But in the case of government servants deputed to work under a private firm, no confidential report need be written on his work by the firm.

Note: [No reports on officers on deputation to foreign organizations shall be obtained. Such reports if received from foreign governments should not find place in the Character Roll dossier of the officer concerned.]

9-A. The borrowing government/department should communicate the adverse remarks to the civil servant concerned and take further action thereon in department should, however, keep the lending government/department informed of the adverse remarks communicated to the civil servant concerned during the period of his deputation, and of the decision of competent authority to expunge such remarks, by furnishing a copy each of such communications/orders to the lending government/department]

10. Reporting by Commissioners on District/Divisional and Regional level officers- The Commissioner shall record remarks in the annual confidential reports of officers of all the departments holding divisional or regional charges in his division except the judicial officers mentioned in Appendix II. Such reports may be written in the form prescribed for the purpose, vide Appendix III.

– II The report by the Commissioner shall only be written on the following points:

• i) Integrity;

• ii) Cooperation with other departments;

• iii) Relations with the public;

• iv) Interest shown in development and public welfare.

12. The Commissioner may also write reports on the same points even in respect of district officers of all departments, other than the judiciary, if he so desires. In that event he should send a copy of his remarks to the Divisional/Regional officer and the Head of the Attached Department concerned. These remarks shall be placed on the Character Roll of the officer reported upon.

13. The Commissioner of the division in which the headquarters of such an officer is situated shall initiate the report and send it to the Head of Attached Department through the other Commissioner to whose division the charge of the officer extends. But in the departments where there is no Head of Attached Department it should be sent to government. These remarks will be placed on the Character Roll.

14. Note by the D.C. on officers belonging to other departments- The D.C. may if he considers advisable send a note independently about the exceptionally good or bad work an officer of district level other than the judiciary to the Head of Administrative Department who will take appropriate action.]

15. Reports by Deputy Commissioner on Revenue and APUG Officers doing magisterial work: The Deputy Commissioner will give his remarks in the case of Revenue Officers, exercising magisterial powers of the First Class in his capacity as a District Magistrate as well as Deputy Commissioner and forward the same to the District and Sessions Judge for his remarks on magisterial work. The latter will transmit it to the Commissioner, after adding his own remarks.

16. So far as APUG Officers functioning as Trying Magistrates in districts are concerned, the Deputy Commissioners will obtain the views of the District and Sessions Judges on their judicial work and incorporate the same under column “Pen Picture” in part III of the form (Appendix IV). The opinion will be quoted as the opinion of District and Sessions Judge and will mention the name of the reporting officer; the Deputy Commissioner will further say whether he agrees with District and Sessions Judge or not.

17. Character Rolls: A face-sheet should be inserted at the beginning of each Character Roll giving the following information:-

i) Name and qualification;

ii) Father’s name:

iii) Date of birth;

iv) Place of domicile;

v) Place where immovable property, if any, is held.

18. Forms for the writing of reports have been prescribed in Appendices IV to VI. The reports should be written on one of these forms according to the nature of the post held by the government servant reported upon.

19. Instructions for reporting officers: Annual Confidential Report is an assessment of the conduct and the quality of the work that a government servant has performed during the calendar year. On this assessment depend important decisions such as promotion or suitability for different appointments. It is imperative that the report should be written impartially. It should be forthright and unambiguous. Particularly the work of the reporting officer should also be assessed by the higher authority on the quality of his reporting.

20. The report if written in hand, should be legible; the name and designation of the reporting officer should be clearly written in block letters or typed under the signatures. The date on which the report is signed should also be given.

21. Reporting by Relations: Whenever a reporting officer is related to the officer reported upon, this fact should invariably be mentioned in the confidential report and he should submit the case to the higher officer for writing of report without recording his remarks.

23. Report on Integrity: Integrity is the most important trait of character of a government servant. It should be assessed without fear or favour. The report should not be vague, but definite An officer may be reasonably believed to be corrupt, if--

i) He has a general and persistent reputation of being corrupt; or

ii) any of his dependents or any other person through him or on his behalf is in possession of pecuniary resources or property disproportionate to his own sources of income or which he cannot account for satisfactorily; or

Explanation: The dependents will include wife/wives, children, step-children, parents, sisters and minor brothers, residing with and wholly dependent on the reported officer.

iii) he has assumed a style of living beyond his means.

24. If any official dabbles in politics, it should be specially brought out in the general remarks.

25. Action where more than one reporting officer is eligible to record report: In case where a government servant has served under more than one reporting officer, during the year, a separate report shall be recorded by each officer provided the condition about minimum period prescribed for writing a report is fulfilled.

25-A. More than one countersigning officer: Where there are more than one countersigning officers during a year, the one who has seen the performance of his subordinate for the major part of the year is entitled to countersign their confidential reports.

26. Action in case of inquiry, warning or communication of displeasure: A formal displeasure conveyed to a government servant must appear in his Character Roll. The result of representation, if filed, should also be reflected in the report.

27. Every order of punishment imposed on a government servant as a result of formal inquiry under the Efficiency & Discipline Rules, 1975 should be placed on his C.R. dossier, provided that such an order shall be placed on the C.R. dossier of the accused after he has exhausted all remedies available for appeal or review before the competent authority or the Punjab Service Tribunal, as the case may be, or in case of his failure to do so after the time limit prescribed for making an appeal or review petition has expired.]

28. A warning administered to a government servant should ordinarily not find its way into the Character Roll, as it is not a penalty in accordance with the Efficiency and Discipline Rules, 1975 and as such is not appealable. Where it is decided in any particular case to place it on the Character Roll of an officer, he should be informed accordingly. In case of representation, if any, made by the officer, the order passed by the competent authority on such representation, should also be placed on the Character Roll.

29. It is decided by the competent authority to withdraw statutory powers conferred on a government servant, for reasons of misuse of such powers by him, the order of withdrawal of such powers should be placed on his Character Roll. Representation filed by the officer, if any, and the result thereof should also be placed in the C.R.

30 Manner of writing the reports: The opinion expressed should be the result of careful consideration; no personal bias, ire or favouritism should colour the report. The reporting officer should be in a position to justify his views, if called upon, to do so.

31. Confidential reports which are not in accordance with the above instructions should be returned by the higher authority to the reporting officer for revision in compliance with these instructions.

32. Communication of adverse remarks: The Heads of Attached Departments, Secretaries to Government and other authorities dealing finally with the reports should see that the government servants reported upon are made aware of any defects pointed out in the confidential reports/evaluation reports recorded by Heads of Training Institutes.

33. It is emphasized that the annual Confidential Reports contain the assessment of the superior officers about a civil servant’s character. If the confidential report of a civil servant contains any adverse remarks, whether remediable or not, a copy of the whole report should be furnished to him at the earliest opportunity, with a D.O. letter, a copy of which should be signed and returned by the civil servant concerned in acknowledgement of the report. It is essential that the civil servants should be given a fair deal by communicating to them the whole report containing adverse remarks, so that they may endeavor to remove the defects and improve their performance or be in a position to represent where necessary.

34. The timely communication of the report containing adverse remarks is of paramount importance. The authorities designated to communicate the adverse remarks should, therefore, ensure that the whole report containing adverse remarks is communicated to the civil servant concerned at the earliest opportunity and in any case within one month from the date the report is countersigned and completed. A serious view should be taken of any failure on the part of the officer/official concerned to furnish a copy of the report containing adverse remarks to the civil servant reported upon, within the stipulated period and disciplinary action taken against the person(s) responsible therefore. In any case the report containing adverse entries should be furnished to the civil servant at any time it comes to the notice.

35. When a report consists of opinions of different departmental superiors in gradation, it is only the opinion as accepted by the highest reporting officer which need be considered from the point of view of communication.

36. If the highest officer does not comment on any remark of a lower authority, it will be presumed that he has accepted it.

37. If the report containing the adverse remarks is not communicated, or if communicated there is no record of its having been communicated and acknowledged by the civil servant concerned, the adverse remarks contained therein should be ignored for purposes of promotion and premature retirement. But in the C.R. Dossier of the person responsible for failure or delay in communication of such a report, adverse entry should be recorded, which would be in addition to the disciplinary action required to be taken under para 34 and which has to take its course.

*38 (i) The reporting officer should specifically state whether the defects reported have already been brought in an other connection to the notice of the civil servant concerned. The effort of communication of adverse remarks should be carefully watched and the reporting officer should, when drawing up a report in the next year, state whether the officer/official reported upon has or has not taken steps to remedy the defects to which his attention was drawn in the previous year. Such remarks should also be communicated to the civil servant concerned so that he may know that his efforts to improve have not passed unnoticed.

*38(ii) Where criticism is proposed to be withheld, the final authority to consider the report should record instructions, with reasons, according to the nature of the defects discussed as to the period for which communication is to be kept back. In such cases (where judgment is suspended) the remarks should not be communicated during the specified period.

39. If a person’s integrity is adjudged as “average”, it shall not be construed to be an adverse remarks and shall not be communicated.

40. Action in case of exceptionally good work: The facts that an officer has done exceptionally good work in a particular year, shall be communicated by June each year in suitable cases. Care should be taken to see that such communications are not made for the performance of normal duties satisfactorily, but are made only when an officer has done work above the ordinary call of duty or has performed his ordinary duties in a particularly commendable manner. The precise nature of the work or of the manner in which it was carried out should be cited in the letter of appreciation as well as in the confidential report of the officer.

41. Action in case of recording adverse remarks by same reporting officer for two successive years: In order to guard against personal likes and dislikes an official receiving adverse remarks for two successive years from the same reporting officer should be placed under another reporting officer.

42. Expunction of adverse remarks: a person who is communicated adverse remarks can apply for the expunction of such remarks. But this should be done not later than one month from the date of receipt of the communication. The representation must be made in temperate and dignified language and no allegations of personal and malicious nature should be made. Indiscreet and irresponsible allegations against reporting offices will result in disciplinary action.

42-A. An officer/official adversely reported upon will have only one right of making a representation and absolute finality would attach to the decision taken thereon, whether in favour of the officer or against. The decision on representation for expunction of adverse remarks should be taken within 90 days of the making of representation. The orders of the expunging authority will not be subject to review by the successor authorities.

43. All representations about expunction fo adverse remarks will be made to the authority designated as expunging authority under these instructions;

Provided that in cases where no expunging authority has been designated the representation shall be made to the authority next above the officer recording/countersigning the remarks last of all;

Provided further that where Governor is the initiating authority or the last countersigning authority a review petition shall be made to the Governor himself.

44. If the final authority dealing with a report considers it to be biased or unjustified or inconsistent with the facts and decides that the entries should be expunged, then the adverse entries should be scored out in such manner as to render these illegible. The letter of communication of adverse remarks and the order of expunction should not be placed on the Character Roll but should be retained on a “keep with” file to be separately maintained along with every Character Roll.

Note: the departmental authorities shall exercise the power (of expunction of adverse remarks) only in respect of adverse remarks by the respective departmental officers. In respect of adverse remarks recorded by Divisional Commissioners or Deputy Commissioners on:-

i) Integrity;

ii) Co-operation with other departments;

iii) Relations wit the public; and

iv) Interest shown in development & public welfare. On the ACR of a divisional or district level officer, as the case may be the “final authority” competent to expunge shall be the Chief Secretary/Additional Chief Secretary (in SGA& ID).

44-A. The competent Authority while expunging the adverse remarks, should give his own assessment about the work and conduct of the representationist in the light of his own information and overall record previous and subsequent to the entries being expunged.

45. Under no circumstances should any entry in a confidential report be mutilated or papers physically removed from the file of confidential reports.

46. Safe custody: Except to the extent of communicating the remarks in accordance with the above instructions, the contents of the reports should not be divulged to the government servant concerned. In no case should an officer have access to his own reports. In order to guard against the confidential reports being tempered with, the reports when filed in the Character Rolls will be page-numbered in ink and entered in the index on first page after the face sheet prescribed in paragraph 17, in the form prescribed in Appendix VIII

47. The borrowing authorities should under no circumstances change the order in which the various confidential reports have been filed and indexed on the first page or carry out any other alteration in the Character Roll. However, such documents should be returned immediately to the lending authority.

48. The same principle applies to borrowing authorities to which government officers are sent on deputation.

49. Maintenance of Character Rolls: The Character Rolls shall be maintained in duplicate except where specified otherwise. The Administrative Department/Head of the Attached Department or the Head of the Office concerned shall take a decision about each class or category of posts where the original and the duplicate copy shall be maintained. The original shall be maintained at a level where it is not required to be moved, whereas, the duplicate copy may move, to the appropriate authority, with each transfer of a government servant.

51. General instructions: The letters of appreciation issued by a committee or a commission appointed by government to government officers serving with them and also attested copies of such remarks or paragraphs concerning them as have been embodied in the reports of the committee/commission may be placed in the Character Rolls of the officers concerned.

52. In case an officer has received Honour/Award, suitable entry should be made in the Character Roll and copy of citation placed in it.

53. The order rewarding officers/officials in connection with their suggestions found useful and worth adopting may be placed in the personal file and not the Character Roll of the government servant concerned. The reporting officer should keep the fact in view and mention the same while recording annual confidential report. It is the duty of the branch/section concerned to bring to the notice of reporting officer, for the calendar year, that the person on whose work and conduct a report is to be written, has been rewarded by government for a suggestion found useful and worth adopting.

54. No chits or certificates should be granted to the subordinates by any officer and the assessment of the work of government servant should be confined to the Annual Confidential Report. Such chits/certificates, if still issued will be ignored by government for any purpose.

55. Letters of commendation which may be issued to the officers in recognition of their meritorious work or commendable efficiency, should be placed on the C.R. Dossier of the officers concerned, and a copy should be endorsed to the officer concerned.

56. The letters of appreciation earned by government servants from Army Authorities, due to their outstanding devotion and zeal, in national cause, should be placed in their Character Rolls.

57. The photographs to be pasted on the folders attached to the revised forms for confidential reports on officers in pay scale 16 and above should be furnished by the concerned officers, at their expense.

58. The reporting officers may, if he likes, maintain a Katcha Register for keeping rough notes relating to the work of the subordinates including cases of outstanding good or poor work. This will avoid writing of reports based on vague impression and will make the reports more realistic in character and it will be easier to assess the performance of the subordinates from such memoranda and thus present a true picture in the report. The pro forma of this register is at Appendix VIII. This register will not be a permanent record, but will be destroyed as soon as it has outlived its utility.

59. The reports of officers detailed for training at various institutions e.g., Administrative Staff college, N.I.P.A., Pakistan Academy for Rural Development etc., will be placed on the Character Rolls of the officers. Similarly the assessment reports on the officers attending training courses abroad shall also form part of their Character Rolls.

60. A note may be recorded in respect of the periods for which reports do not exist in the Character Rolls due to long leave or other causes which should be stated in proper sequence of the filling of the reports.

61. Preservation of Character Rolls: The Character Rolls of retired government servants should be maintained for ten years after retirement or up to the age of sixty five years whichever is later. In the case of persons relieved from government service otherwise than by retirement, the Character Rolls shall be retained at least for ten years, after the date of release from government service. On the expiry of the prescribed period the Character Roll will be destroyed by burning.

62. Supply of copies or extracts from Character Rolls is prohibited. It is, however, permissible for the Head of the Attached Department, or government whichever may be the final authority having custody of the record to give to the officers who have retired, a letter in which their confidential record is summed up to give an overall picture of their work and conduct during service.

63. The nomination form completed by a government servant duly attested by the head of the office or the supervisory authority:-

i) in respect of his G.P. Fund account;

ii) under the Punjab Employees Welfare Fund Ordinance, 1969, and

iii) under the Punjab Govt. Servants Benevolent Fund Ordinance, 1960 and the rules issued thereunder, will, apart from being sent to the authorities concerned, or in respect of officials of and below BS-15 being placed in their Service Books, be filed in their C.R. Dossiers.

64. If a Government servant makes a nomination, conferred on a person, the right to receive any gratuity that may be sanctioned under Rule 4.6. Of the Punjab Civil Services Pension Rules, 1963 or any gratuity which having become admissible to him/her has not been paid to him/her before death, the nomination will be filed in his/her C.R.

64-A. If an Officer or Official fails to complete successfully any prescribed test or examination or training during the period of probation each such failure shall be recorded in his C.R.

65. Writing/countersigning of ACRs by retired officers: The officers proceeding on retirement, whether voluntarily or on attaining the age of superannuation, should be asked to write/countersign reports, on the officers and staff who have worked under them for more than three months, before their retirement. If an officer proceeds on retirement without writing/countersigning the reports and cannot be contacted or fails to oblige despite repeated requests, the following procedure should be adopted:-

1) The officer who would have countersigned, had the report been initiated by the retired officer, should initiate the report provided he has seen work of the officer reported upon, for a minimum period of 3 months. The next higher officer, if any, should countersign it;

2) If the report has already been initiated but the countersigning officer has retired, the next higher officer, if any, should countersign, provided he has personal knowledge of the work of the officer concerned;

3) If both the initiating and the countersigning officers have retired, the officer next higher than both of them, if any, should initiate and the next higher officer, if any, should countersign it. In such cases both the initiating and countersigning officers must have personal knowledge of the officer reported upon;

4) In case the report cannot be initiated at all, a suitable note to this effect be recorded in the C.R. dossier. If the report has been initiated but cannot be countersigned, the reasons, therefore, be recorded in part-IV of the Annual Confidential Report.

5) In case the post of report Initiating Officer remained vacant for 9 months or more, the following procedure may be adopted for completing the ACRs of the subordinate staff:

i) In case the Countersigning Officer has seen their work for at least 3 months, he may initiate the ACRs and the next higher authority may countersign the ACRs.

ii) In case the condition at (i) above is not fulfilled, a suitable note may be placed in the CR Dossier of a civil servant explaining as to why the ACR could not be written.

66. Bar to writing/countersigning of reports by officers compulsorily retired under the E&D rules or on completion of 10 years of service, etc.--the officer retired compulsorily under the Punjab Civil Servants (E&D) rules, 1975 or under Section 12(i) of the Punjab Civil Servants Act 1974 should not be allowed to write/countersign the ACRs of their subordinates. The same will be the position during the LPR of these officers, if allowed to them. In such cases the following procedure should be followed for writing/countersigning the ACRs of the concerned civil servant:-

i) The authority next higher to the retired reporting officer may initiate the report provided he has seen the performance of the civil servant reported upon for a minimum period of 3 months.

ii) The report so initiated will be countersigned by the officer higher than the reporting officer, if available, provided that the former has personal knowledge about the performance of the civil servant concerned. In case there be no officer available to countersign, the report need not be countersigned instead the circumstances under which the report could not be countersigned will be mentioned in the report indicating the name of the officer who was supposed to countersign, had he not been retired under the E&D Rules, etc.

iii) In case both the reporting and countersigning officers have been compulsorily retired, the officer higher than both of them, if available, may initiate the report and the next higher officer, if any, will countersign it, provided both the reporting/countersigning officers have personal knowledge about the work of the civil servant concerned. In case no countersigning officer be available, the fact should be noted in the report.

iv) Where no officer is available to write or countersign the report, a suitable note may be recorded in the C.R. dossier of the civil servant concerned.

...........END..........

Benevolent Fund

The Punjab Government Servants Benevolent Fund

• Constituted through the Punjab Government Servants Benevolent Fund Ordinance 1960

• For relief of Government servants and their families

Utilization of Benevolent Fund

— Financial assistance to the families of deceased GS

— Financial assistance to GS invalided out of service

— Special grants to GS in exceptional cases

Relevant Rules

— The P G Servants Benevolent Fund Rules, 1960

— The P G Servants Benevolent Fund,

Part- I (Disbursement) Rules, 1965

— The P G Servants Benevolent Fund

Part- II (Disbursement) Rules, 1966

Parts of Benevolent Fund

— Part – I For Gazetted Government Servants

— Part – II For Non-Gazetted Government Servants

Management of Benevolent Fund

— Provincial Board of Management - Part 1

— Provincial Board of Management - Part 2

— District Board of Management for each District

— Secretariat Board of Management

Provincial Board of Management (Gazetted)

Chief Secretary (Chairman)

Additional Chief Secretary (Vice Chairman)

Member (Consolidation) BOR

Secretary Finance

Secretary I & P

Secretary Health

Representative of Private Secretaries Association

Representative of Superintendents Association

Secretary (Fund), S & GAD (Secretary)

Provincial Board of Management

(Non - Gazetted)

Chief Secretary (Chairman)

Additional Chief Secretary (Vice Chairman)

Member (Consolidation) BOR

Secretary Finance

Secretary C & W

Secretary Health

Secretary (Fund), S & GAD (Secretary)

District Board of Management

District Coordination Officer of the District (Chairman)

Executive District Officer Works

Executive District Officer Education

District Officer (Coordination) (Secretary)

(two members shall be appointed by the Chairman in each Board from amongst the non–Gazetted Government Servants serving in the district)

Secretariat Board of Management

Secretary (Services) – Secy. Funds (S & GAD) (Chairman)

Administrative Officer (BF) (Secretary)

President, Clerks Association, Civil Secretariat

President, Class IV employees association Civil Secretariat

Sources of Fund

— Compulsory contributions by Government servants ( 3% of basic pay)

— Income from investments

— Income from the rent of Alfalah Building

— Income on investment made in LDA Plaza

Rate of Contribution

— 3 % of the running basic Pay from monthly salary

Grants out of Benevolent Fund

• Monthly Grant

• Marriage Grant

• Funeral Grant

• Scholarship for education of children

• Farewell Grant at retirement (for officers)

Monthly Grants

• On death of a Government Servant

• On death of a retired Government Servant
• To Government Servant invalidated out of service on medical ground

Stoppage of Monthly Grant

— Monthly Grant is sanctioned subject to the condition that widow/widower does not re-marry

— Furnish no marriage and life certificate every six months

— If these certificates are not furnished or a widow or widower re-marries grant is stopped

Marriage Grant

On marriage of each daughter during service or within 15 years of retirement.
— To the family of a retired GS in case his/her death occurs within 15 years of retirement.
— To the family of a GS who dies while in service with no time limit

Funeral Grant

On death of GS Or dependent family member Rate

For Non-Gazetted GS Rs.4000/-

— For Gazetted GS Rs.10,000/-

Entitlement of Funeral Grant

To GS on the death of dependent family member

To the family on death of GS

To the family on death of a retired Non-Gazetted G S

Education Scholarship

For education of children of working , retired & deceased GS

Upto PhD classes

Limitations of Scholarship Grant

Must pass matric or post matric examination with 60% marks

Studying in next class in a recognized educational institution

Application is verified by head of department and head of College etc.

Application is submitted within due date announced by PBF Board

Farewell Grant

For Gazetted Government Servants

On the eve of retirement

To family of a GS who dies during service

Rate equal to last basic pay

Time Line of Application

(Marriage-Funeral-Farewell Grant)

Application be submitted within 275 days of Nikah, death or retirement to the parent office of GS

Office shall submit it to concerned B F Board within one year from the date of Nikah, death or retirement.

Applications received after the prescribed period are not entertained

THE PUNJAB GOVERNMENT EMPLOYEES WELFARE FUND

(Group Insurance Scheme)

Constituted through the Punjab Government Employee’s Welfare Fund Ordinance, 1969

Group Insurance

ENTITLEMENT

— Provincial Employees

— In−service Death

— Death up to 5 years after Superannuation

CONTRIBUTION

• Through Salaries

• 25% Premium for employees in BS. 1−4 is paid by Government

DISBURSEMENT

• through Pakistan State Life Insurance Corporation

Financial Assistance on In−service Death

Why BF Grants Cases are Dealt

— In offices BF Grant forms are often not available

— Applications are kept pending by officials-----Require attention by senior officers

— Incomplete applications are sent to BF office

— Document required by BF Office often sent late

— Proper & timely guidance be provided to family of deceased Govt. Servant

PUNJAB EMPLOYEES EFFICIENCY,

DISCIPLINE AND ACCOUNTABILITY ACT, 2006

NOTIFICATION

17^th October 2006

No. PAP-Legis-2(32)/2005/871. The Punjab Employees Efficiency, Discipline and Accountability Bill 2005, having been passed by the Provincial Assembly of the Punjab on 2 October 2006, and assented to by the Governor of the Punjab on 13 October 2006, is hereby published as an Act of the Provincial Assembly of the Punjab.

THE PUNJAB EMPLOYEES EFFICIENCY,

DISCIPLINE AND ACCOUNTABILITY ACT 2006

ACT XII OF 2006

[First published, after having received the assent of the Governor of the Punjab,

in the Gezette of the Punjab (Extraordinary) dated 17 October 2006.]

An Act

to provide for proceedings against the employees in government and corporation service in relation to their efficiency, discipline and accountability.

Preamble.- Whereas it is expedient and necessary in the public interest and for good governance to provide measures for improvement of efficiency, discipline and accountability of employees in government and corporation service and matters connected therewith or ancillary thereto;

It is hereby enacted as follows:-

1. Short title, extent, commencement and application.- (1) This Act may be called the Punjab Employees Efficiency, Discipline and Accountability Act, 2006.

(2) It extends to the whole of the Punjab.

(3) It shall come into force at once.

(4) It shall apply to-

(i) employees in government service;

(ii) employees in corporation service; and

(iii) retired employees of government and corporation service; provided that proceedings under this Act are initiated against them during their service or within one year after their retirement.

2. Definitions.- In this Act, unless there is anything repugnant in the subject or context-

(a) ‘accused’ means a person who is or has been an employee and against whom action is initiated under this Act;

(b) ‘appellate authority’ means the authority next above the competent authority to which an appeal lies against the orders of the competent authority;

(c) ‘appointing authority’ in relation to an employee or class of employees means an appointing authority declared or notified as such by an order of the Government or organization or under the rules, etc., as may be applicable to such employee or class of employees;

(d) ‘charge’ means allegations framed against the accused pertaining to acts of omission and commission cognizable under this Act;

(e) ‘Chief Minister’ means the Chief Minister of the Punjab;

(f) ‘competent authority’ means-

(i) the Chief Minister; or

*(ii) in relation to any employee or class of employees, any officer or authority authorized by the Chief Minister to exercise the powers of competent authority under this Act; provided that such officer or authority shall not be inferior in rank to the appointing authority prescribed for the post held by the employee against whom action is to be taken; or

(iii) in relation to an employee of a tribunal or court, functioning under the Government, the appointing authority or the chairman or presiding officer of such tribunal or court, as the case may be, authorized by the appointing authority to exercise the powers of competent authority under this Act:

Provided that where two or more employees are to be proceeded against jointly, the competent authority in relation to senior most employee in rank shall be the competent authority in respect of all the accused:

Provided further that where the competent authority, other than the Chief Minister, has any interest in the result of proceedings under this Act, and does not desire to act as competent authority due to personal reasons, he shall not proceed with the case and shall report the matter to the next higher authority who shall authorize another officer of the corresponding rank and status to act as the competent authority in a specific case;

(g) ‘corruption’ means-

(i) accepting or obtaining or offering any gratification or valuable thing, directly or indirectly, other than legal remuneration, as a reward for doing or for bearing to do any official act: or

(ii) dishonestly or fraudulently misappropriating, or indulging in embezzlement or misusing Government property or resources; or

(iii) possession of pecuniary sources or property by an employee or any of his dependents or any other person, through him or on his behalf, which cannot be accounted for and which are disproportionate to his known sources of income; or

(iv) maintaining standard of living beyond known sources of income; or

(v) having a reputation of being corrupt; or

(vi) entering into plea bargain under any law for the time being in force and return the assets or gains acquired through corruption or corrupt practices, voluntarily;

(h) ‘employee’ means a person-

(i) in the employment of a corporation, corporate body, autonomous body, authority, statutory body or any other organization or institution set up, established, owned, managed or controlled by the Government, by or under any law for the time being in force or a body or organization in which the Government has a controlling share or interest and includes the chairman and the chief executive and the holder of any other office therein; and

(ii) in government service or who is a member of a civil service of the province or who holds a civil post in connection with the affairs of the province or any employee serving in any court or tribunal set up or established by the Government, but does not include a Judge of the High Court or any court subordinate to the High Court, or any employee of such courts;

(i) ‘Government’ means the Government of the Punjab;

(j) ‘hearing officer’ means an officer, senior in rank to the accused, appointed by any authority competent to appoint hearing officer, to afford an opportunity of personal hearing to the accused on behalf of the authority concerned;

(k) ‘inefficiency’ means failure to-

(i) efficiently perform functions assigned to an employee in the discharge of his duties; or

(ii) qualify departmental examination in three consecutive attempts;

(l) ‘inquiry committee’ means a committee of two or more officers, headed by a convener, as may be appointed by the competent authority under this Act;

(m) ‘inquiry officer’ means an officer appointed by the competent authority under this Act;

(n) ‘misconduct’ includes—

(i) conduct prejudicial to good order or service discipline; or

(ii) conduct contrary to the conduct rules, for the time being in force; or

(iii) conduct unbecoming of an officer and a gentleman; or

(iv) involvement or participation for gain directly or indirectly, in industry, trade or speculative transactions by abuse or misuse of official position to gain undue advantage or assumption of such financial or other obligations in relation to private institutions or persons, as may compromise the performance of official duties or functions; or

(v) any act to bring or attempt to bring outside influence directly or indirectly to bear on the Governor, the Chief Minister, a Minister, or any other authority in respect of any matter relating to the appointment, promotion, transfer, punishment, retirement or other conditions of service; or

(vi) making appointment or promotion or having been appointed or promoted on extraneous grounds in violation of any law or rules; or

(vii) absence from duty without prior approval of leave; or

(viii) acquittal by a court of law as a result of compounding of an offence involving moral turpitude or affecting human body; or

(ix) conviction for an offence by a court of law;

(o) ‘prescribed’ means prescribed by rules made under this Act; and

(p) ‘section’ means section of this Act.

3. Grounds for proceedings and penalty.- An employee shall be liable to be proceeded against under this Act, if he is -

(i) inefficient or has ceased to be efficient for any reason; or

(ii) guilty of misconduct; or

(iii) guilty of corruption or is reasonably considered to be corrupt; or

(iv) engaged or is reasonably believed to be engaged in subversive activities, and his retention in service is prejudicial to national security, or is guilty of disclosure of official secrets to any unauthorized person.

4. Penalties.- (1) The competent authority may, notwithstanding anything contained in any law or the terms and conditions of service of the accused, by an order in writing, impose one or more of the following penalties, namely:-

a) Minor penalties-

(i) censure;

(ii) withholding of increment or increments, for a specific period, subject to a maximum of five years;

(iii) fine not exceeding basic pay of one month;

(iv) reduction to a lower stage or stages in pay scale, subject to a maximum of five stages; and

(v) withholding of promotion for a specific period, subject to a maximum of five years; provided that this period shall be counted from the date when a person junior to the accused is considered for promotion and is promoted on regular basis for the first time;

(b) Major penalties -

(i) recovery from pay, pension or any other amount payable to the accused, the whole or a part of any pecuniary loss caused to the Government or the organization in which he was employed, and if the amount due from any such person cannot be wholly recovered from the pay, pension or any other amount payable to him, such amount shall be recovered under the law for the time being in force;

(ii) reduction to a lower post and pay scale from the substantive or regular post for a specific period subject to a maximum of five years;

(iii) forfeiture of past service for a specific period subject to a maximum of five years;

(iv) compulsory retirement;

(v) removal from service; and

(vi) dismissal from service; and

(i) withholding of pension or any part thereof;

(ii) withdrawing of pension or any part thereof; and

(iii) recovery from pension or any other amount payable to the accused, of pecuniary loss caused to Government or the organization in which he was employed, and if the amount due from any such person cannot be wholly recovered from the pension or any other amount payable to him, such amount shall be recovered under the law for the time being in force.

(2) Dismissal from service under this Act shall disqualify the employee for future employment under the Government or under any organization to which the provisions of this Act apply.

(3) Any penalty under this Act shall not absolve an employee or accused from liability to any punishment to which he may be liable for an offence, under any law, committed by him while in service.

5. Initiation of proceedings.- (1) If on the basis of its own knowledge or information placed before it, the competent authority is of the opinion that there are sufficient grounds for initiating proceedings against an employee under this Act, it shall either-

(a) proceed itself against the accused by issuing a show cause notice under section 7 and, for reasons to be recorded in writing, dispense with the enquiry:

Provided that no opportunity of showing cause or personal hearing shall be given where-

(i) the competent authority is satisfied that in the interest of security of Pakistan or any part thereof, it is not expedient to give such an opportunity; or

(ii) an employee has entered into plea bargain under any law for the time being in force or has been convicted of the charges of corruption which have led to a sentence of fine or imprisonment; or

(iii) an employee is involved in subversive activities; or

(iv) it is not reasonably practicable to give such an opportunity to the accused; or

(b) get an inquiry conducted into the charge or charges against the accused, by appointing an inquiry officer or an inquiry committee, as the case may be, under section 10:

Provided that the competent authority shall dispense with the inquiry where-

(i) an employee has been convicted of any offence other than corruption by a court of law under any law for the time being in force; or

(ii) an employee is or has been absent from duty without prior approval of leave:

Provided further that the competent authority may dispense with the inquiry where it is in possession of sufficient documentary evidence against the accused or, for reasons to be recorded in writing, he is satisfied that there is no need to hold an inquiry.

(2) The orders of inquiry or the show cause notice, as the case may be, shall be signed by the competent authority; provided that where the Chief Minister is competent authority, the same shall be signed by such officer as may be authorized by him in this behalf.

6. Suspension.- An employee against whom action is proposed to be initiated under section 5 may be placed under suspension for a period of ninety days, if in the opinion of the competent authority, suspension is necessary or expedient, and if the period of suspension is not extended for a further period of ninety days within thirty days of the expiry of initial period of suspension, the employee shall be deemed to be reinstated:

Provided that the continuation of the period of suspension shall require the prior approval of the competent authority for each period of extension.

7. Procedure where inquiry is dispensed with.- If the competent authority decides that it is not necessary to hold an inquiry against the accused under section 5, it shall-

(a) inform the accused by an order in writing, of the grounds for proceeding against him, clearly specifying the charges therein, alongwith apportionment of responsibility and the penalty or penalties proposed to be imposed upon him;

(b) give him a reasonable opportunity of showing cause against the proposed action, within seven days of receipt of the order or within such extended period as the competent authority may determine;

(c) on receipt of reply of the accused within the stipulated period or after the expiry thereof, if no reply is received, determine whether the charge or charges have been proved against the accused or not;

Provided that after receipt of reply to the show cause notice from the accused, the competent authority, except where the Chief Minister himself is competent authority, shall decide the case within a period of ninety days, excluding the time during which the post held by the competent authority remained vacant due to certain reasons:

Provided further that if the case is not decided by the competent authority within the prescribed period of ninety days, the accused may file an application before the appellate authority for early decision of his case, which may direct the competent authority to decide the case within a specified.

(d) afford an opportunity of personal hearing either itself or through the hearing officer, before passing any order of penalty under clause (f), if it is determined that the charge or charges have been proved against him; provided that the hearing officer shall only be appointed where the competent authority is of the rank of Secretary to Government of the Punjab or above; and

(e) exonerate the accused, by an order in writing, if it is determined that the charge or charges have not been proved against him; and

(f) impose any one or more penalties mentioned in section 4, by an order in writing, if the charge or charges are proved against the accused:

Provided that –

(i) Where charge or charges of grave corruption are proved against an accused, the penalty of dismissal from service shall be imposed, in addition to the penalty of recovery, if any; and

(ii) Where charge of absence from duty for a period of more than one year is proved against the accused, the penalty of compulsory retirement or removal or dismissal from service shall be imposed upon the accused.

8. Action in case of conviction or plea bargain under any law.- Where an employee is convicted by a court of law or has entered into plea bargain or has been acquitted by a court of law as a result of compounding of an offence involving moral turpitude or affecting human body under any law for the time being in force, the competent authority, after examining facts of the case, shall-

(a) dismiss the employee, where he has been convicted of charges of corruption or has entered into plea bargain and has returned the assets or gains acquired through corruption or corrupt practices voluntarily or;

(b) proceed against the employee under section 7, where he has been convicted of charges other than corruption; or

(c) proceed against the employee under section 9, where he has been acquitted by a court of law as a result of compounding of an offence involving moral turpitude or affecting human body.

9. Procedure to be followed by competent authority where inquiry is necessary.- (1) If the competent authority decides that it is necessary to hold an inquiry against the accused under section 5, it shall pass an order of inquiry in writing, which shall include-

(a) appointment of an inquiry officer or an inquiry committee; provided that the inquiry officer or the convener of inquiry committee, as the case may be, shall be of a rank senior to the accused and where two or more accused are proceeded against jointly, the inquiry officer or the convener of the inquiry committee shall be of a rank senior to the senior most accused;

(b) the grounds for proceeding, clearly specifying the charges along with apportionment of responsibility;

(d) direction to the accused to submit written defense to the inquiry officer or the inquiry committee, as the case may be, within seven days of the date of receipt of orders or within such extended period as the competent authority may determine.

(2) The record of the case and the list of witnesses, if any, shall be communicated to the inquiry officer or the inquiry committee, as the case may be, along with the orders of inquiry.

10. Procedure to be followed by inquiry officer or inquiry committee.- (1) On receipt of reply of the accused or on expiry of the stipulated period, if no reply is received from the accused, the inquiry officer or the inquiry committee, as the case may be, shall inquire into the charges and may examine such oral or documentary evidence in support of the charge or in defense of the accused as may be considered necessary and where any witness is produced by one party, the other party shall be entitled to cross examine such witness.

(2) If the accused fails to furnish his reply within the stipulated period, or extended period, if any, the inquiry officer or the inquiry committee, as the case may be, shall proceed with the inquiry ex parte.

(3) The inquiry officer or the inquiry committee, as the case may be, shall hear the case from day to day and no adjournment shall be given except for reasons to be recorded in writing, in which case it shall not be of more than seven days.

(4) Where the inquiry officer or the inquiry committee, as the case may be, is satisfied that the accused is hampering or attempting to hamper the progress of the inquiry, he or it shall administer a warning and if, thereafter, he or it is satisfied that the accused is acting in disregard the warning, he or it shall record a finding to that effect and proceed to complete the inquiry in such manner as may be deemed expedient in the interest of justice.

(5) If the accused absents himself from the inquiry on medical grounds, he shall be deemed to have hampered or attempted to hamper the progress of the inquiry, unless medical leave, applied for by him, is sanctioned on the recommendation of a Medical Board; provided that the competent authority may, in its discretion, sanction medical leave upto seven days without recommendation of the Medical Board.

(6) The inquiry officer or the inquiry committee, as the case may be, shall submit his or its report, containing clear findings as to whether the charge or charges have been proved or not and specific recommendations regarding exoneration or, imposition of penalty or penalties, to the competent authority within sixty days of the initiation of inquiry:

Provided that where the inquiry cannot be completed within sixty days, the inquiry officer or the inquiry committee, as the case may be, shall seek extension for specific period from the competent authority, for reasons to be recorded in writing.

Provided further that the inquiry shall not be vitiated merely on the grounds of non-observance of the time schedule for completion of inquiry:

Provided further that the recommendations of the inquiry officer or the inquiry committee, as the case may be, shall not be binding on the competent authority.

11. Powers of the Inquiry Officer or Inquiry Committee.- (1) For the purpose of an inquiry under this Act, the inquiry officer and the inquiry committee shall have the powers of a Civil Court trying a suit under the Code of Civil Procedure, 1908, (Act V of 1908), in respect of the following:-

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of documents, and receiving evidence on affidavits; and

(2) The proceedings under this Act shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Pakistan Penal Code 1860 (Act XLV of 1860).

12. Duties of the departmental representative.- The departmental representative shall perform the following duties, namely-

(a) render full assistance to the inquiry officer or the inquiry committee or hearing officer or the authority concerned, as the case may be, during the proceedings where he shall be personally present and fully prepared with all the relevant record relating to the case, on each date of hearing;

(b) cross-examine the witnesses produced by the accused and with permission of the inquiry officer or inquiry committee, as the case may be, the prosecution witnesses in case of their turning hostile; and

c) rebut the grounds of defense offered by the accused before the hearing officer or the authority concerned.

13. Order to be passed by the competent authority on receipt of report from the inquiry officer or inquiry committee.- (1) On receipt of the report from the inquiry officer or inquiry committee, as the case may be, the competent authority shall examine the report and the relevant case material and determine whether the inquiry has been conducted in accordance with the provisions of this Act.

(2) If the competent authority, is satisfied that the inquiry has been conducted in accordance with the provisions of this Act, it shall further determine whether the charge or charges have been proved against the accused or not.

(3) Where the charge or charges have not been proved, the competent authority shall exonerate the accused by an order in writing.

(4) Where the charge or charges have been proved against the accused, the competent authority shall issue a show cause notice to the accused by which it shall-

(a) inform him of the charges proved against him and the penalty or penalties proposed to be imposed upon him by the inquiry officer or inquiry committee;

(b) give him reasonable opportunity of showing cause against the penalty or penalties proposed to be imposed upon him and to submit as to why one or more of the penalties as provided in section 4 may not be imposed upon him and to submit additional defense in writing, if any, within seven days of the receipt of the notice, before itself or the hearing officer, as the case may be;

(c) indicate the date of personal hearing or appoint a hearing officer to afford an opportunity of personal hearing on his behalf; provided that the hearing officer shall only be appointed where the competent authority is of the rank of Secretary to Government of the Punjab or above.

(d) provide a copy of the inquiry report to the accused; and

(e) direct the departmental representative to appear, with all the relevant record, on the date of hearing before himself or the hearing officer, as the case may be.

(5) After affording personal hearing to the accused or on receipt of the report of the hearing officer, the competent authority shall, keeping in view the findings and recommendations of the inquiry officer or inquiry committee, as the case may be, facts of the case and defence offered by the accused during personal hearing, by an order in writing-

(i) exonerate the accused; or

(ii) impose any one or more of the penalties specified in section 4:

Provided that –

(i) Where charge or charges of grave corruption are proved against an accused, the penalty of dismissal from service shall be imposed, in addition to the penalty of recovery, if any; and

(6) Where the Competent Authority is satisfied that the inquiry proceedings have not been conducted in accordance with the provisions of this Act or the facts and merits of the case have been ignored or there are other sufficient grounds, it may, after recording reasons in writing, either remand the inquiry to the inquiry officer or the inquiry committee, as the case may be, with such directions as the competent authority may like to give, or may order a de novo inquiry.

(7) After receipt of inquiry report, the competent authority, except where the Chief Minister himself is the competent authority, shall decide the case within a period of ninety days, excluding the time during which the post held by the competent authority remained vacant due to certain reasons.

(8) If the case is not decided by the competent authority within the prescribed period of ninety days, the accused may file an application before the appellate authority for early decision of his case, which may direct the competent authority to decide the case within a specified period.

14. Personal hearing.- (1) The authority affording personal hearing or the hearing officer on receiving an order of appointment shall, by an order in writing, call the accused and the departmental representative, along with relevant record of the case, to appear before him for personal hearing on the fixed date and time.

(2) After affording personal hearing to the accused, the authority or the hearing officer shall, in relation to the case and the connection of the accused during the hearing, record his remarks in writing and, in case hearing officer, submit a report to the authority so appointed him which shall include:-

(i) summary of the inquiry report where inquiry was conducted under section 10, or summary of the defence offered by the accused to the show cause notice under section 7, or grounds of appeal or review filed under section 16, as the case may be;

(ii) summary of defence offered by the accused during the hearing, if any; and

(iii) views of the departmental representative, if any.

15. Procedure of inquiry against officers lent to other governments, etc.- (1) Where the services of an employee are transferred or lent to any other government, department, corporation, corporate body, autonomous body, authority, statutory body or any other organization or institution, hereinafter referred to as the borrowing organization, the competent authority for the post against which such employee is posted in the borrowing organization may-

(a) suspend him under Section 6; and

(b) initiate proceedings against him under this Act:

Provided that the borrowing organization shall forthwith inform the lending organization of the circumstances leading to the order of his suspension and the commencement of the proceedings:

Provided further that the borrowing organization shall obtain prior approval of the lending organization before taking any action under this Act, against an employee holding a post in Basic Pay Scale 17 or above.

(2) If, in the light of the findings of the proceedings taken against the accused in terms of sub-section (1), the borrowing organization is of the opinion that any penalty may have to be imposed on him, it shall transmit the record of the proceedings to the lending organization, and the competent authority in the lending organization shall thereupon take action against the accused under Section 13.

(3) Notwithstanding anything to the contrary contained in sub-sections (1) and (2), the Chief Minister may, in respect of certain employees or class of employees, authorize any officer or authority in the borrowing organization to exercise all the powers of competent authority under this Act.

16. Departmental appeal and review.-(1) An accused who has been awarded any penalty under this Act may, except where the penalty has been imposed by the Chief Minister, within thirty days from the date of communication of the order, prefer departmental appeal directly to the appellate authority:

Provided that where the order has been passed by the Chief Minister, the accused may, within the aforesaid period, submit a review petition directly to the Chief Minister.

(2) The authority empowered under sub-section (1) shall call for the record of the case and comments on the points raised in the appeal from the concerned department or office, and on consideration of the appeal or the review petition, as the case may be, by an order in writing-

(a) uphold the order of penalty and reject the appeal or review petition; or

(b) set aside the orders and exonerate the accused; or

(d) set aside the order of penalty and remand the case to the competent authority, where it is satisfied that the proceedings by the competent authority or the inquiry officer or inquiry committee, as the case may be, have not been conducted in accordance with the provisions of this Act, or the facts and merits of the case have been ignored, with the directions to either hold a de novo inquiry or to rectify the procedural lapses or irregularities in the proceedings:

Provided that where the appellate or review authority proposes to enhance the penalty, it shall by an order in writing-

(i) inform the accused of the action proposed to be taken against him and the grounds of such action; and

(ii) give him a reasonable opportunity to show cause against the action and afford him an opportunity of personal hearing either itself or through a hearing officer; Provided that the hearing officer shall only be appointed where the appellate or the review authority is of the rank of Secretary to Government of the Punjab or above.

(3) An appeal or review preferred under this section shall be made in the form of a petition, in writing, and shall set forth concisely the grounds of objection to the impugned order in a proper and temperate language.

17. Revision- (1) The Chief Minister, Chief Secretary or the Administrative Secretary or any other appellate authority may call for the record of any proceedings within one year of the order of exoneration or imposition of a penalty, passed by the competent authority or the order of appellate authority, as the case may be, for the purpose of satisfying himself as to the correctness, legality or propriety of such proceedings or order.

(2) On examining the record of the case, such authority may-

(i) uphold the orders of the competent authority or the appellate authority, as the case may be; or

(ii) order the competent authority to hold de novo inquiry; or

(iii) impose or enhance a penalty or penalties:

Provided that no order, prejudicial to the accused, shall be passed under this section unless the accused has been given a reasonable opportunity of showing cause against the proposed action and an opportunity of personal hearing.

18. Appearance of counsel.- The accused, at no stage of the proceedings under this Act, except proceedings under section 19, shall be represented by an advocate.

19. Appeal before Punjab Service Tribunal.- (1) Notwithstanding anything contained in any other law for the time being in force, any employee aggrieved by any final order passed under Section 16 or 17 may, within thirty days from the date of communication of the order, prefer an appeal to the Punjab Service Tribunal established under the Punjab Service Tribunals Act, 1974 (Punjab Act, IX of 1974).

(2) If a decision on a departmental appeal or review petition, as the case may be, filed under section 16 is not received within a period of sixty days of filing thereof, the affected employee may file an appeal in the Punjab Service Tribunal within a period of thirty days of the expiry of the aforesaid period, whereafter, the authority with whom the departmental appeal or review is pending, shall not take any further action.

20. Act to override other laws.- The provisions of this Act shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force.

21. Proceedings under this Act.- Subject to this Act, all proceedings initiated against the employees having retired or in service, shall be governed by the provisions of this Act and the rules made thereunder:

Provided that in case of retired employee, the proceedings so initiated against him shall be finalized not later than two years of his retirement.

(2) The competent authority may, by an order in writing, impose one or more penalties specified in clause (c) of section 4, if the charge or charges are proved against the retired employee.

22. Indemnity.- No suit, prosecution or other legal proceedings shall lie against the competent authority or any other authority for anything done or intended to be done in good faith under this Act or the rules, instructions or directions made or issued thereunder.

23. Jurisdiction barred.- Save as provided under this Act, no order made or proceedings taken under this Act, or the rules made thereunder, shall be called in question in any court and no injunction shall be granted by any court in respect of any decision so made or proceedings taken in pursuance of any power conferred by, or under this Act, or the rules made thereunder.

24. Power to make rules.- The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.

25. Removal of difficulties.- If any difficulty arises in giving effect to any of the provisions of this Act, the Chief Minister 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 that difficulty.

26. Repeal.- (1) The Punjab Removal from Service (Special Powers) Ordinance, 2000 (Ord. IV of 2000), is hereby repealed.

(2) Notwithstanding the repeal of the Punjab Removal from Service (Special Powers) Ordinance, 2000 (Ord. IV of 2000), all proceedings pending immediately before the commencement of this Act against any employee under the said repealed Ordinance or under the Punjab Civil Servants Act, 1974 (Pb. Act, VIII of 1974), and rules made thereunder, or any other law or rules shall continue under that law and rules, in the manner provided thereunder.

MODEL DRAFT ORDER OF APPOINTMENT OF INQUIRY OFFICER/COMMITTEE TO BE SIGNED/ISSUED BY THE COMPETENT AUTHORITY UNDER SECTION 9 READ WITH SECTION 5(1)(b) OF THE PUNJAB EMPLOYEES EFFICIENCY, DISCIPLINE AND ACCOUNTABILITY ACT 2006

ORDER OF INQUIRY

WHEREAS, the undersigned as Competent Authority under the Punjab Employees Efficiency, Discipline and Accountability Act, 2006 is of the opinion that there are sufficient grounds to proceed against Mr./M/s. (name/names and designation of the accused) under Section 3 of the Act ibid on the charges (of inefficiency, misconduct, corruption and engagement in subversive activities). I, therefore, order initiation of disciplinary proceedings against the accused under the Punjab Employees Efficiency, Discipline and Accountability Act 2006.

2. AND WHEREAS, I consider that in the light of facts of the case and in the interest of justice, it is necessary to hold an inquiry. I, therefore, appoint Mr. (name & designation) as inquiry officer/ inquiry committee consisting of the following:

1) Mr. (Name & Designation/Convener)

2) Mr. (Name & Designation/Member)

3) Mr. (Name & Designation/Member)

to proceed against the accused in terms of Section 5 read with Section 9 of the Act ibid and to conduct inquiry into the following charge(s):

i. (give full description of the charge)

ii. -do-

iii. -do-

3. The accused official/officials is/are directed to submit his/their written defence to the Inquiry Officer/the Inquiry Committee, within seven days of the date of receipt of this order (or within such extended period as may be determined by the Competent Authority). If he/they fail to submit his/their written defence within the prescribed period, it shall be presumed that either he/they have no defence to offer or he/they have declined to offer the same and he/they have accepted the charge(s).

4. Mr. (name & designation) is appointed as Departmental Representative in terms of Section 9(1)(c) read with Section 12 of the Act ibid.

5. In case the accused official/officials desires/desire to consult any record on which the aforesaid charges are based or is relevant to the aforesaid charge(s), he/ they may do so with prior arrangement with the undersigned or the Departmental Representative within days of the receipt of this order.

6. The Inquiry Officer or Inquiry Committee shall submit his/its report and recommendations to the undersigned within sixty days of the initiation of inquiry in terms of Section 10 (6) of the Act ibid.

SIGNATURE OF THE COMPETENT AUTHORITY

NAME & DESIGNATION

Note: Model is only for guidance and may be modified keeping in view the requirements of the case.

MODEL DRAFT SHOW CAUSE-CUM-PERSONAL HEARING NOTICE

UNDER SECTION 13 (4)

________________

(name of the accused)

Subject:- SHOW CAUSE-CUM-PERSONAL HEARING NOTICE UNDER SECTION 13(4) OF THE PUNJAB EMPLOYEES EFFICIENCY, DISCIPLINE AND ACCOUNTABILITY ACT, 2006

WHEREAS, disciplinary proceedings were initiated against you by the undersigned /competent authority under the provisions of the Punjab Employees Efficiency, Discipline and Accountability Act 2006, on the charge(s) of (inefficiency, misconduct, corruption and engagement in subversive activities) vide Order No. ______________ dated _______________.

2. AND WHEREAS, the Inquiry Officer/Committee submitted his/its inquiry report, according to which the following charge/charges have been proved against you:

Sr. No.	Charge No.	Extent to which charge proved
1.		(Fully proved or partially proved)
2.		(Fully proved or partially proved)

The inquiry Officer/Committee has recommended imposition of penalty (give details) upon you in terms of Section 4 of the Act. A copy of the inquiry report is enclosed.

3. AND WHEREAS, after perusal of the inquiry report and other relevant record, I have found no reason to differ/I have reasons to differ (give detailed reasons for differing) with the findings and recommendations of the Inquiry Officer/Committee. Hence the charge/charges leveled vide above referred order have been proved against you for which you are liable to be imposed the following penalty/penalties in terms of Section 4 of the Act:

i. ______________ (specific penalty/penalties)

ii. ______________ -do-

iii. ______________ -do-

4. NOW, THEREFORE, in exercise of the powers conferred upon me as Competent Authority under Section 13(4) of the Punjab Employees Efficiency, Discipline and Accountability Act, 2006, you are hereby called upon to show cause within seven days, of the receipt of this notice, as to why the abovementioned penalty/penalties may not be imposed upon you. You are also allowed to submit your additional defence in writing, if any.

5. You are also offered an opportunity of personal hearing and directed to appear before the undersigned {or before Mr.______________ Hearing Officer appointed by the competent authority (in case competent authority is Secretary to the Government of Punjab or above)} on ____________ for this purpose.

SIGNATURE OF THE COMPETENT AUTHORITY

NAME & DESIGNATION

Note: Model Notice is only for guidance and may be modified keeping in view the requirements of the case.

MODEL SHOW CAUSE NOTICE UNDER SECTION 7 (b) READ WITH SECTION 5(1)(a) OF THE PUNJAB EMPLOYEES EFFICIENCY, DISCIPLINE AND ACCOUNTABILITY ACT 2006 TO BE ISSUED BY THE AUTHORITY

Subject: SHOW CAUSE NOTICE

WHEREAS, the undersigned as Competent Authority, under the Punjab Employees Efficiency, Discipline and Accountability Act, 2006, in due consideration of the facts of this case is of the view that you, Mr. While posted as ______________________________ during the period from to have committed the following irregularities and there are sufficient grounds to proceed against you:

i. _________________ (give full description of the allegations)

ii. _________________ -do-

iii. ________________ -do-

2. AND WHEREAS, the undersigned is of the opinion that it is not necessary to hold an inquiry into the matter in view of the provisions contained in Section 5 (1)(b) of the Act ibid. It is, therefore, proposed to proceed against you under Section 7(b) read with Section 5(1)(a) of Punjab Employees, Efficiency, Discipline and Accountability Act, 2006.

3. NOW, THEREFORE, you are hereby called upon to show cause in writing within seven days (or within such period as may be extended by the competent authority) of the receipt of this notice as to why one or more of the penalties as prescribed in Section 4 of the Punjab Employees Efficiency, Discipline and Accountability Act, 2006 should not be imposed upon you.

4. Your reply to this show cause notice should reach the undersigned within the said period, failing which it shall be presumed that you have no defence to offer.

5. In case you desire to consult any record, on which the aforesaid charges are based or is relevant to the aforesaid charge(s) you may do so with prior arrangement with the undersigned within _________ days of the receipt of this notice.

SIGNATURE OF THE COMPETENT AUTHORITY

NAME & DESIGNATION

Note: Model Notice is only for guidance and may be modified keeping in view the requirements of the case.

MODEL DRAFT OF PERSONAL HEARING NOTICE UNDER SECTION 7(d) OF THE PUNJAB EMPLOYEES EFFICIENCY, DISCIPLINE AND ACCOUNTABILITY ACT, 2006

________________

(name of the accused)

Subject: PERSONAL HEARING NOTICE UNDER SECTION 7(d).

WHEREAS, inquiry proceedings were initiated against you by the undersigned as competent authority under the Punjab Employees Efficiency, Discipline and Accountability Act, 2006, on the charge(s) of (inefficiency, misconduct, corruption and engagement in subversive activities) and it was decided to dispense with the inquiry in terms of Section 5(1)(b).

2. AND WHEREAS, a show cause notice was served upon you in terms of Section 7(b) read with Section 5(1)(a) of the Act ibid, bearing No. dated to submit your written reply within _________ days.

3. AND WHEREAS, your reply to the said show cause notice has been considered and it has been determined that the following charge(s) as contained in the show cause notice has/have been proved against you:

Sr. No.	Charge No.	Extent to which charge proved
1.		(Fully proved or partially proved)
2.		(Fully proved or partially proved)

Hence, it is proposed to impose to impose the following penalty/penalties upon you in terms of Section 4 of the Act ibid:

i. (specific penalty/penalties)

ii. -do-

iii. -do-

4. NOW, THEREFORE, you are afforded an opportunity of personal hearing in terms of Section 7(d) of the Act and directed to appear before the undersigned {or before

Mr. _________________ Hearing Officer appointed by the competent authority (in case competent authority is Secretary to the Government of Punjab or above)} on __________for this purpose.

SIGNATURE OF THE COMPETENT AUTHORITY

NAME & DESIGNATION

Note: Model Notice is only for guidance and may be modified keeping in view the requirements of the case.

Processing ...

C.S.R.

CIVIL SERVICE RULES (PUNJAB)

PART 1

Chapter I

EXTENT OF APPLICATION

1.1. These rules, which have been issued by the Governor of Punjab under section 241 of the Government of India Act, 1935, (see Appendix I), may be called the Civil Services Rules (Punjab). They shall come into force from the 1st April, 1941.

COMMENTS

The Punjab Civil Servants Act, 1974 was enacted on 4th June, 1974 and as per clause 23 of the said Act which is reproduced, these Rules are enforce so far 'as these rules are not inconsistent with the provisions of this Act or rules framed thereafter.

(2) Any rules, orders or instructions in respect of any terms and conditions of service of civil servants duly made or issued by an authority competent to make them and in force immediately before the commencement of this Act shall, in so far as such rules, orders or instructions are not inconsistent with the provisions of this Act, be deemed to be rules made under this Act.

1.2. (a) Except as otherwise provided in rule1.4 infra, or in any other rule or rules, these rules shall apply to all Government servants belonging to the categories mentioned below, who are under the administrative control of the Punjab Government and whose pay is debitable to the revenues of the Punjab:-

1. Members of Provincial Services;

2. Members of Subordinate Services;

3. Holders of Special Posts; and

4. any other Government servant or class of Government servants to whom the competent authority may, by general or special order, make them applicable.

COMMENTS

The Punjab Government has framed rules for the abolition of classes on 3rd July, 1974 by Notification No. SOR-III-1-52/73, which is reproduced with subsequent amendment

No. SOR- III-1- 52/73.---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 :-

These rules may be called the Punjab Civil Servants (Change in Nomenclature of Services and Abolition of Classes) Rules, 1974.
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 any 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 national 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 reference 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

Class Corresponding Grades

1. Class I 1. Grades 17 to 23.

2. Class II 2. Grade No. 16.

3. Special Gazetted. 3. Grade No. 16.

Non-Gazetted Posts

4. Class III 4. Grades 3 to 15.

5. Class IV 5. Grades 1 and 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.

-------------

No. SOR-III-1-52/73

The dated 23rd July, 1974

Subject—Punjab Civil Servants (Change in Nomenclature of Services and

Abolition of Classes) Rules, 1974.

I am directed to refer to the-correspondence resting with this Department's circular

Letter No. SORI (SGA&ID) 11-1/74, dated the 13th July, 1974, with which a copy of the

Rules mentioned in the subject has already been forwarded in the context of abolition of

Service Associations. The above Rules have, inter alia, abolished classification of posts

as gazetted and non-gazetted and also reservation of posts for promotion and initial

recruitment. In pursuance, and as a consequence, of these provisions the Government of

the Punjab has further taken the following decisions:-

that reservation of posts for the purposes of initial/direct recruitment, promotion or

transfer, in favour of persons belonging to a particular service or cadre or holding a

particular post, which have been abolished by the above rules, should continue to

be followed in accordance with the existing quotas for promotion and initial/direct

recruitment laid down in various service rules till the position is reviewed in the

context of Administrative Reforms; and

ii. that the practice of notifying appointment to Grade-16 and above in Government

Gazette should continue to be followed.

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