----------------------- Page 1201-----------------------
25
The question regarding keeping of G.P. Fund/Pension
contributions of Public Sector Enterprises/Autonomous
Bodies/Corporations of the Federal Government whose services have
been declared pensionable has been under consideration in the
Finance Division for some time.
2. It has been decided in consultation with the Auditor General
of Pakistan that all such accumulations may initially be deposited in
PLS Account with the Nationalized Commercial Banks. The amounts
available over and above the normal disbursement requirements may
be invested in the Federal Investment Bonds/Defence Saving
Certificates by opening Account with National Savings Centres. A
quarterly report of these accounts and investment will be supplied to
Finance Division through respective Ministries/Divisions.
3. It is requested that all Public Sector Enterprises may be
directed to strictly adhere to these instructions.
[Authority.- Finance Division O.M.No.F.3(6)BR-II/93-552, dated 25-4-1994].
Deduction of Zakat at the time of
final payment of G.P. Fund
Accumulation to the subscribers
Sl. No. 10
According to the provision contained in serial No.11 of First
schedule to the Zakat and Ushr Ordinance, 1980, Zakat @ 2.5% of
the balance standing to the credit of the subscriber as on the
Valuation Date, is required to be deducted at the time of final
settlement. But contrary to the above provision, it has been observed
that the audit offices are deducting Zakat @ 2.5% on the balance at
the time of final settlement instead of as on the Valuation Date. This
practice is against the Law.
----------------------- Page 1202-----------------------
26
2. Mst. Kaisar Jahan a retired Associate Professor of English
Government College for Women Baghbanpura, Lahore has
complained/represented that she retired from Government service on
7-7-1993. The Zakat was required to be deducted on the balance as
stood on 24-2-1993 i.e. Valuation Dates whereas the Zakat has been
deducted on the balance as stood on 12/93 i.e. on the date of final
payment.
3. It is, requested that the position may please be reexamined
and over deducted amount of Zakat may be refunded to her. It may
also please be ensured that the Law is implemented in its true sense
and all the subordinate offices are instructed in this regard.
4. This issues with the approval of the Administrator General
Zakat.
[Authority.- Central Zakat Administrators letter No.16-CE 806(3), dated 2-1-1994].
CHAPTER X
----------------------- Page 1203-----------------------
27
RETIREMENT AND
RE-EMPLOYMENT
( 983 - 984 )
RETIREMENT & RE-EMPLOYMENT
Retirement from service
(Statutory provisions)
Sl. No. 1
Retirement from service.- A civil servant shall retire from
service on the completion of the sixtieth year of his age.
----------------------- Page 1204-----------------------
Sl. No. 2
Authorities competent to accept requests for retirement.- A
reference is invited to the Establishment Division's Office
Memorandum No. 1/2/67-CV, dated the 6th December, 1967
(Annexure) in which it was stated that it was not necessary to submit
requests for retirement on completion of 25 years' qualifying service to
the President for orders where the appointing authority was the
President. This was so because Government had allowed all civil
servants the right to apply for retirement and the intimation of intention
to retire once submitted by a civil servant was final and could not be
modified or withdrawn. This right of the civil servant is, however,
subject to the provisions of the Essential Services (Maintenance) Act,
and is not available to a civil servant against whom a departmental
enquiry is pending. The question has, therefore, arisen as to which
authority is competent to accept such requests for retirement. It has
been decided that requests for retirement of officers of grade
mentioned in column 1 below should be submitted to the Authority
mentioned in column 2 for orders:-
Grade of officers Authority competent to accept
request for retirement
(i) Grade 21 and above......... Prime Minister. The summary after approval by the
Minister concerned would be submitted through the
Establishment Division.
(ii) Grade 17 to 20 ............ Secretary of the Ministry/Division which
administratively controls the cadre or department to
which the post belongs.
(iii) Grade 16................... Head of Department
(iv) Grade 1 to 15.............. Head of Department or Head of Office.
[Authority.- Estt. Division O.M.No.1/5/73-CV, dated 6-6-1974].
ANNEXURE I
Copy of Establishment Division O.M. No. 1/2/67-CV, dated
06.12.1967
----------------------- Page 1205-----------------------
SUBJECT:- Right to retire on a retiring pension after completing
25 years qualifying service-POLICY.
A point has been raised whether or not the approval of the
President (where the President is the appointing authority) is required
for the termination of services of a Class I Officer who opts for
retirement in pursuance of paragraph (5) of the Ministry of Finance
O.M. No. O.B. 2/12/63-IMP (I), dated the 18th August, 1966.
2. The point has been examined in the Establishment Division
and it has been decided in consultation with the Law Division that it is
unnecessary to submit such cases to the President. Only such cases
of officers of and above the level of Heads of major Departments and
Joint Secretaries to the Federal Government may be submitted to the
President for information.
Retirement on completion of 25
years service qualifying for
pension (General Instructions)
Sl. No. 3
Retiring Pension.- Subject to the provisions of the Essential
Services (Maintenance) Act, all Government servants shall have the
right to retire on a Retiring Pension after completing 25 years
qualifying service, provided that a Government servant, who intends
to retire before attaining the age of superannuation, shall, at least
three months before the date on which he intends to retire, submit a
written intimation to the authority which appointed him, indicating the
date on which he intends to retire. Such an intimation, once
submitted, shall be final and shall not be allowed to be modified or
*
withdrawn. [The right given by this paragraph shall not however be
available to Government servant against whom a departmental
enquiry is pending].
[Authority.- Para 5 of the Finance Division O.M. No. O.B.2/12/63-IMP(I),
----------------------- Page 1206-----------------------
dated 18-8-1966].
Sl. No. 4
A question has been raised whether a Government servant
who intends to retire after completing 25 years service qualifying for
pension, can submit a written intimation of his intention to retire even
before completing 25 years qualifying service.
2. The matter has been examined, in consultation with the Law
Division and the Finance Division, and it has been decided that the
right to retire from service accrues to a Government servant only after
he has completed 25 years' service qualifying for pension. As such,
he can exercise the said option and submit a written intimation of his
intention to retire only after the date of completion of his 25 years'
service qualifying for pension. Application for L.P.R., if due, shall also
be submitted after that date.
3. If a Government servant desires to leave service before
completion of his 25 years' service qualifying for pension, he may do
so by tendering resignation from service. In that case he will not be
entitled to any pensionary benefits.
4. The above position may please be brought to the notice of
all concerned.
[Authority.- Estt. Division O.M. No. 23/2/81-CV (A), dated 12-4-1981].
----------------------- Page 1207-----------------------
*
Read with Finance Division O.M.No.OB. 2/12/63-Imp. (I), dated 14-12-1967.
Sl. No. 5
Notifying retirement of an officer on attaining the age of
superannuation.- It has come to notice of the Establishment Division
that in some cases no notification was issued regarding retirement of
the officer who retired from service on attaining the age of
superannuation, i.e., the age of 60 years. The absence of a
notification regarding their retirement led to delay in payment of their
pension and other dues. The matter has, therefore, been considered
by the Establishment Division and it is stated that while a notification
may not be necessary in the case of officers who attain the age of
superannuation for retiring them from service, it is necessary to notify
the retirement of such officers to all concerned for the recovery of
dues from the officers if any, and to facilitate payment of pension and
other dues of the officer. The Ministries/Divisions are, therefore,
requested to ensure that retirement of officers working under them are
notified well in time even if the officer concerned does not take leave
preparatory to retirement. In case the retiring officer is on deputation
with the Ministry/Division or with any of their Attached Departments/
Subordinate offices and the orders regarding his retirement are to be
issued by his parent Ministry/Department, that Ministry/ Department
may please be informed of the date of retirement of the officer so that
they may issue notification regarding his retirement.
[Authority.- Estt. Division O.M.No.8/22/75-C.I., dated 26-2-1976].
Sl. No. 6
Withdrawal of applications for premature retirement.-
----------------------- Page 1208-----------------------
According to "Note 1" below Article 465-B/CSR, a written intimation
once submitted by a Government servant who intends to retire after
completing 25 years service qualifying for pension, shall be final and
shall not be allowed to be modified or withdrawn.
2. The matter has been examined, in consultation with the Law
Division and the Finance Division and it has been decided that, in
partial modification of the existing rules/orders, if a Government
servant withdraws his application for premature retirement or modifies
the date of retirement, before its acceptance by the competent
authority, the application or the date of retirement shall be deemed to
have been withdrawn or modified, as the case may be.
3. The above position may please be brought to the notice of
all concerned.
[Authority.- Estt. Division O.M. No. 23/2/81-CV (B), dated 12-4-1981].
Sl. No. 7
Recall to duty after Premature retirement.- Attention is invited
to Establishment Division's O.M. No.23/2/81-CV(B) dated 12.4.1981
according to which option to withdraw or modify the request for
premature retirement is available to a government servant only before
the said request is accepted by the competent authority. Requests for
premature retirement once accepted by the competent authority
cannot, repeat cannot, be allowed to be withdrawn or modified. Recall
to duty after acceptance of request for voluntary retirement amounts
to re-employment for which approval of the Prime Minister is required.
2. Ministries/Divisions are requested to bring the above
position to the notice of all concerned including their attached
departments and subordinate offices, autonomous and semi-
autonomous organizations, etc., to ensure strict compliance with the
----------------------- Page 1209-----------------------
above stated provision.
[Authority.- Estt. Division O.M. No. F. 14/10/95-R.2 dated 25-8-1996].
Sl. No. 8
Form for the verification of 25 years qualifying service.-
Government servants can be retired on completion of 25 years
qualifying service. It is accordingly necessary to ensure that when the
career of a Government servant is reviewed in accordance with the
relevant instructions of the Establishment Division (vide O.M. No.
4/15/65-CV, dated the 13th August, 1966), he should have in point of
fact, completed 25 years' qualifying service. It has now been decided
in consultation with the Ministry of Finance that Part I of the enclosed
proforma should be filled, in each case relating to a Gazetted
Government servant, by the Ministry/Division/ Office concerned and
thereafter the proforma should be sent to the Audit Officer concerned
so that Part II of the proforma is filled by the Audit Officer and
transmitted back to the administrative authority concerned. This
exercise should be undertaken well in advance of the date on which
the Government servant would complete 25 years qualifying service,
so that the formal certificate of the Audit Office is available to the
competent authority in time, if it decides to retire the Government
servant. However, the review of the career of a Government servant
should be taken up at the appropriate time on the basis of the details
of his service available with the Administration concerned, but the
orders of the competent authority regarding the retirement of a
Government servant should be passed only after the receipt of the
formal certificate from the Audit Officer concerned as in Part II of the
proforma (reproduced under Serial No. 9).
[Authority-.Estt. Division O.M. No. 2/4/72-CV. dated 18-9-1972].
Sl. No. 9
----------------------- Page 1210-----------------------
With the issue of Ministry of Finance Notification No. F.
1(15)/Reg. 6/72, dated the 31st January, 1973, clause (i) of serial No.
8 (d) of the proforma appended to the Establishment Division's O. M.
No. 2/4/72-CV dated the 18th September, 1972 has become
redundant. It has, therefore, been decided in consultation with the
Ministry of Finance that this clause may be deleted from the proforma
prescribed for the verification of 25 years qualifying service of
Government servants for the purposes of review of their careers and
renumber the clauses of serial No. 8(d). A copy of the revised
proforma is enclosed for reference (Annexure).
[Authority.- Estt. Division O.M. No. 1/8/73-CV, dated 25-3-1974].
----------------------- Page 1211-----------------------
ANNEXURE
FORM OF CALCULATION OF 25 YEARS QUALIFYING
SERVICE OF A GAZETTED GOVERNMENT SERVANT
PART I
(For use in the Ministry/Division/Department)
(To be completed by the Office/Department in which the
Government servant is serving):
1. Name of Government servant.
2. Father's name.
3. Nationality.
4. Post held.
5. Date of birth.
6. Date of commencement of service.
7. Date of completion of 25 years qualifying service.
8. Details of calculation of 25 years qualifying service:-
(a) Length of service, including interruption, etc. (No.
7-8).
----------------------- Page 1212-----------------------
(b) Add:
(i) Military service, if any, which has been
allowed to count as qualifying for pension.
(ii) Any other addition to qualifying service.
(c) Total length of service (a)+(b).
(d) Deduct:-
i) Extraordinary leave.
ii) Suspension not treated as duty or leave.
iii) Periods of break in service.
iv) Service rendered before break if break
not condoned.
v) Service forfeited by resignation.
vi) Unauthorized absence.
Total (i) to (vi) =
(e) Net qualifying service.
(c) - (d)
Head of Office/Department
PART II
FOR USE IN THE ACCOUNTANT GENERAL'S OFFICE
Calculations contained in Part I have been checked. Length of
----------------------- Page 1213-----------------------
qualifying service accepted in Audit.
OR
Reasons for difference, in any, between this and the length of
service worked out by the Department.
Assistant Accountant General.
Assistant Accounts Officer.
Sl. No. 10
Indication of date of superannuation of Officers proposed for
Appointment to Tenure Posts.- Cases have come to the notice in
which some officers who were about to attain the age of
superannuation within a few months time were recommended for
appointment to tenure posts, and in the Summary for the Prime
Minister, there was no indication that the tenure of the proposed
appointment would last much beyond the age of superannuation of
the recommendee. Submission of such proposals to the Prime
Minister without indication of date of birth amounts to disguised
recommendation for re-employment. The competent authority has
viewed the aforesaid lapse with displeasure and has directed that all
proposals entailing to appointment to tenure posts should, besides
providing other relevant information, specifically mention the date of
superannuation of the recommendee so that the competent authority
may be able to exercise conscious discretion in regard to appointing a
person to a tenure post involving his retention in public service
beyond the date of his superannuation.
2. The Ministries/Divisions are accordingly requested to please
note the above direction of the Prime Minister and also bring it to the
notice of all concerned for strict compliance.
----------------------- Page 1214-----------------------
[Authority.- Estt. Division O.M. No.1/134/99-E.6, dated 3-9-1999].
Sl. No. 11
Future good conduct of pensioners.- Attention is invited to
clause (1) of Article 351 of the Civil Service Regulations which reads
as follows :-
"Future good conduct is an implied condition of every grant of
a pension. The Local Government and the Government of
Pakistan reserve to themselves the right of withholding or
withdrawing a pension or any part of it, if the pensioner be
convicted of serious crime or be guilty of grave misconduct."
2. It has been decided that the provision of the above Article
should be strictly enforced in all cases by the pension sanctioning
authorities. In cases where a pensioner commits misconduct prompt
action should be taken to withhold or withdraw his pension or any part
of it.
3. Misconduct in such cases would mean conduct prejudicial to
good behaviour or unbecoming of a gentleman. The decision of the
President on any question whether any act on the part of the
pensioner is misconduct or not shall be final and binding.
[Authority.- Establishment Secretary's D.O. letter No.5/4/73-D, IV, dated 11-8-1973].
Sl. No. 12
Taking part in politics by pensioners.- Attention is invited to
clause (2) of Article 351 of the Civil Service Regulations which reads
as follows :-
"(2) Except with the previous sanction of the Central
Government, no pensioner shall, within a period of two
years from the date of his retirement, take part in any
----------------------- Page 1215-----------------------
election or engage in political activity of any kind."
2. It would be noticed from the above that the pensioner can
participate in political activity within two years of his retirement from
service only with the previous sanction of the Federal Government. It
has, however, been decided that as a matter of policy no permission
should in future be granted to any pensioner to engage in political
activity of any kind.
3. It may be clarified that political activity would include
activities like affiliation with political parties, public speeches, writing
articles, giving statements, attending political meetings, making
monetary contribution for political purposes etc. This clarification may
be brought to the notice of the Government servants and also to
pensioners who have not yet completed two years from the date of
their retirement.
[Authority.- Establishment Secretary's D.O.letter No. 5/3/73-D.IV, dated 31-7-1973].
Sl. No. 13
Medical facilities to retired Government servants and their
families.- The question of affording free medical treatment to retired
Federal Government servants and their families has been under
consideration of Government from some time. The President has
been pleased to decide that retired Government servants and
members of their families shall be allowed at Government expense
out-door and in-door medical attendance and treatment in accordance
with the Central Services (Medical Attendance) Rules, 1958, to the
extent admissible to them while in service immediately before
retirement subject to the following modifications:-
*
(i) The term `family' would include [parents, husband,
wife, legitimate children and step children, sisters and
minor brothers residing with and wholly dependent upon
him];
----------------------- Page 1216-----------------------
(ii) Out-door and in-door treatment will be admissible only
in hospitals and dispensaries maintained by the Federal
Government or by a Provincial Government in a place
where there is no Federal Government hospital;
(iii) Treatment will not be admissible at residence or in a
hospital not maintained by the Federal Government or
Provincial Government or by special arrangements at
some other place; and
(iv) Drugs and medicines may be supplied if available at the
hospitals/dispensaries in which a patient receives
treatment but cost of drugs and medicines purchased
from the market will not be re-imburseable.
2. No charges will be recovered from retired Government
servant or his family receiving treatment in a hospital maintained by
the Federal Government except such charges as were
*
Amended vide Ministry of Health Notification No. S.R.O. 842(1)/90, dated 11-8-1990.
recoverable from him under the rules while in active Government
service. If treatment is received in a hospital maintained by Provincial
Government, retired Government servants shall pay the required
charges to the hospital authorities and claim reimbursement on the
strength of a certificate signed by the Administrator/Superintendent of
the hospital himself from the Accounts Officer/Treasury Officer
concerned to the extent mentioned above. A copy of such claim will
be supplied to the Health Division. The Accounts Officer/Treasury
Officer shall deal with such claims like similar claims of serving
Government servants.
3. This issues with the concurrence of the Ministry of Finance.
----------------------- Page 1217-----------------------
[Authority.- Health Division O.M. No.F.25-24/ 63-MF, dated 12-10-1963].
Sl. No. 14
According to the present instructions which were issued by this
Division under O.M.No.F.17-44/76-MF, dated 20th December, 1976 in
terms of Section 3 of the Discontinuance of Medical Reimbursement
Act, 1972 (No. XXV of 1972), Government servants may obtain
medicines prescribed by the authorized medical attendant for them, or
for member of their family, from a medical store administered by
Government or from a chemist approved by the Government; the bill
of the chemist is reimbursed to the chemist by the Government. This
arrangement has not worked satisfactorily and cases came to the
notice where supply of medicines even in emergencies was not made
available to the Government servant or to his family. The position has
accordingly been reviewed and it has been decided that if a medicine
(which expression includes protective and curative vaccine/sera)
prescribed by an authorized medical attendant is not available in
Government store, in the Government hospital or dispensary, the
Government servant may purchase it from a licensed chemist on
proper cash receipt, the expenditure incurred on this account will be
reimbursed to him on the authority of a certificate of the authorized
medical attendant to the effect that the medicine was not available
from Government stock and that it was necessary for the
treatment/restoration of health of the Government servant or a
member of his family, as the case may be.
2. The procedure to be followed for reimbursement of
expenditure incurred in purchase of medicines by a Government
servant will be the same as was in vogue prior to the promulgation of
the Discontinuance of Medical Re-imbursement Act, 1972.
3. It has also been decided that each Ministry/
----------------------- Page 1218-----------------------
Division/Department/Office shall maintain a register containing ledger
account of each Government servant, prescription by prescription,
and another register containing a consolidated abstract of monthly
expenditure showing the name of each Government servant and the
total expenditure incurred during a month, on medical bills. These
registers will be scrutinized for purposes of budgetary and expenditure
control (at regular intervals) by one of the existing officers to be
specifically assigned this task by each
Ministry/Division/Department/Office for its own employees. It will be
open to the administrative authorities to refer to the Director General
(Health), for his technical scrutiny, cases where it is apprehended that
excessive or unreasonable amounts have been claimed. If it is found
that the privilege has been abused, the concerned Government
servants shall lay themselves open to suitable action.
4. An amendment has been made in rule 3(2) of the Central
Services (Medical Attendance) Rules, 1958, the revised version of
which is as follows:-
"B (2) Where a Government Servant is entitled under
sub-rule (1), free of charge, to receive medical
attendance, any amount paid by him on account
of such treatment shall, on production of a
certificate in writing by authorized medical
attendant in this behalf and subject to such
instructions as may be issued by the Federal
Government from time to time, be reimbursed to
him by the Central Government."
5. These orders shall take effect as from the 23rd November,
1976 and shall supersede Health Division's Office Memorandum No.
F. 17-44/76, dated the 20th December, 1976.
[Authority.- Health Division O.M. No.F. 17-44/76-MF, dated 15-2-1977].
----------------------- Page 1219-----------------------
Sl. No. 15
In partial modification of Health Division Office Memorandum
No. F.17-44/76-MF(I), dated the 15th February, 1977 it has been
decided that Federal Government Servants/ Pensioners and their
families will be supplied all drugs and medicines from
hospitals/dispensaries as will be prescribed by their authorized
medical attendants. The reimbursement will be occasional and will be
made by the Ministry of Health to any employee of any
Ministry/Division who may have not been supplied medicines from
Hospitals/Dispensaries on production of a certificate from the head of
the institution concerned to that effect.
2. The hospital authorities have been issued instructions to
ensure that the drugs/medicines prescribed by the authorised medical
attendants of the Government servants/pensioners, are supplied to
them. The Provincial Governments also have been asked to consider
the Federal Government servants and their families who are admitted
in their hospitals as entitled patients, to receive medical treatment free
of charge.
3. These orders have taken effect from 1st July, 1978.
[Authority.- Health Division O.M.No.17-44/76-MF(I) dated 16-7-1978].
----------------------- Page 1220-----------------------
Sl. No. 16
The Cabinet was briefed on the state of economy by the
Finance Division and the following decisions were taken:-
ii) the Cabinet decided that the facility for medical
treatment abroad at public expenditure should be
withdrawn. The decision should not apply to persons
already under treatment abroad;
[Authority.- Cabinet Decision in Case No.1(X)/26/96, dated 6-11-1996].
Sl. No. 17
In pursuance of Economic Coordination Committee of the
Cabinet decision in case No. ECC-275/21/95 dated 18-12-1995 and
the Federal Services Medical Attendance Rules, 1990, reference is
made to Health Division's O.M. No.F.20-5/92-MF.I dated the 19th
December, 1993 laying down procedure for reimbursement of medical
charges to the retired Government servants or members of their
families. It is stated that the Government, in partial supersession of
the Health Division's aforesaid O.M. dated 19th December, 1993 has
decided that the procedure laid down in para 2 below shall henceforth
be followed for reimbursement of charges incurred on account of
medical attendance and treatment of the retired Government servants
and members of their families.
2. All claims/bills shall be prepared by the retired Government
servants in the prescribed application/bill form at Appendix-I as
revised, and:-
i) The bill shall be supported by the prescription chits
indicating medicines not available in hospital/ medical
store/dispensary duly signed by the authorised medical
----------------------- Page 1221-----------------------
attendant.
ii) the application/bill, duly completed and countersigned
by the competent medical authorities specified in para 5
of Appendix-II as revised, shall be submitted by the
retired Government servant to the Head of the office
from where he retired and which prepared his pension
papers.
iii) The Head of the office or the officer authorized by him,
as in the case of corresponding Government servants
receiving the bill, shall subject the bill to scrutiny in
accordance with the guidelines laid down in Appendix-II
and to the same scrutiny and procedure, mutatis
mutandis, as is observed in the case of medical bills of
serving Government servant; of equivalent status and
shall countersign it in full or, as the case may be, for the
reduced amount if found admissible and transmit it to
the Health Division after approval of the Secretary of the
Ministry concerned. The Health Division shall scrutinize
all the claims and authorize payment to the AGPR out
of the budget provision, on the above account, placed
at the disposal of the Health Division.
iv) After scrutiny, the bill alongwith vouchers shall be sent
to the AGPR for issue of Cheque to the retired
Government servant or, as the case may be, member
of the family drawing family pension and claiming
reimbursement or payment through authority letter in
Appendix-III, as revised, issued to the branch of the
National Bank of Pakistan or, as the case may be, the
Treasury Office from where the retired Government
servant is receiving his pension. The vouchers would be
retained by the Accounts Officer.
----------------------- Page 1222-----------------------
3. As a safeguard against any possibility of double or
fraudulent claim, cent percent post-payment checks shall be carried
out by the AGPR in the following form:
1 2 3 4 5 6 7 8
S.No. Month Name No. & No & Amount Date Certification
to which of the date qty of claimed/ of by Audit
relates Chemist of cash medicine paid payment
memo
4. The expenditure on account of reimbursement of medical
expenses to the retired Government servants shall be debitable to:-
Functional Head
00000 - General Administration
02000 - Fiscal Administration
02800 - Pensions
Objective Head
Minor - 66000 - Pensionary Benefits
Detailed- 66600 - Reimbursement of medical charges to pensioners
5. The retired Government servant or member of his family as
defined in Rule 2(a)(d) of the Federal Services Medical Attendance
Rules, 1990 shall not be required to pay for the indoor treatment in the
----------------------- Page 1223-----------------------
Government hospital as in the case of serving Government servants.
In the case of a private hospital, provided it is authorized by the
competent authority, retired Government servant concerned shall
submit bills of hospital charges paid by him for indoor treatment as in
the case of serving government servants i.e. to their head of
department etc.
6. The Government hospitals in the case of retired
Government servant shall follow, mutatis mutandis, the instructions
laid down in respect of serving Government servants.
7. These instructions shall take effect from Ist July, 1996. All
claims for reimbursement of medical charges on account of a medical
attendance and treatment of retired Government servants or member
of their families pending prior to the Ist of July, 1996 (since issuance
of Federal Services Medical Attendance Rules, 1990) shall be
disposed of in accordance with the procedure laid down in this Office
Memorandum. The budget provision for financial year 1996-97 will
also cover payment of such pending claims.
[Authority.- Health Division O.M. No.F.20-5/92-MF-I, dated 01-10-1996].
Appendix-I
Application/Bill for Reimbursement of Medical Charges in
respect of retired Government servant and his dependents:
PART A
1. Name of the retired Federal Government servant or member of
his family in case of deceased Government servant
----------------------- Page 1224-----------------------
2. Designation and basic pay scale of the Government servant at
the time of retirement
3. Name of the patient and relationship being member of family
as defined in rule 2(1)(D) of the Government Servants (Medical
Attendance and Treatment) Rules 1990
4. Diagnosis of the patient
5. Ministry/Division/Department/Office from where the
Government servant named at S.No.1 retired
6. Number and date of pension payment order
7. Accounts Office which issued pension payment order
8. District Accounts Office/Treasury/branch of the National Bank
of Pakistan and the station from where the pension is being
drawn
Received from the Manager/Treasury Officer/District Accounts
Officer (here give the name of the branch of the National
Bank of Pakistan, or as the case may be of the Treasury or the
District Accounts Officer concerned) the sum of Rs.
(Rupees only), on account of the
reimbursement of charges on medical attendance and treatment of
(here give the name of the patient and in case the
patient is a member of the family, his name, age and relationship with
the Government servant) as detailed below:-
List of medicines with quantity/hospital bill/laboratory charges
etc., for which reimbursement is claimed through this bill.
Name & date Name of the Name of drug/ Amount
----------------------- Page 1225-----------------------
of bill/ Chemist Shop/ medicine with
Cash Memo Hospital/Clinic/ quantity/details
Dispensary of tests etc.
Dated
Signature
Name
(in block letters)
----------------------- Page 1226-----------------------
PART B
Certificate by Government servant (or member of his family in
case of deceased Government servant).
Certified that:-
1. The claim was not drawn before.
2. The member of my family for whose treatment
reimbursement has been claimed is wholly dependent
on me.
3. The children for whom reimbursement has been
claimed are minor and wholly dependent on me.
4. I shall have no objection to the recovery of any amount
over paid, if any, from my pension or otherwise.
*5. I am a dependent family member of Mr.
a Government servant.
6. I/Mr. retired from the post of
from (name of office/department).
Full name of the Government servant
(in block letters)
Signature
Full name of the Govt. Servant
(in block letters)
----------------------- Page 1227-----------------------
----------------------- Page 1228-----------------------
PART C
CERTIFICATE BY THE AUTHORISED MEDICAL
ATTENDANT
1. Certified that the medicines/drugs/hospitalisation/clinic
test/examination, listed below, were essential for the recovery and
restoration of health of Mr./Mrs./Miss
name of the retired Government servant/members of the family of Mr.
as defined in Rule 2(1)(d) of the Government
Servants (Medical Attendance Rules, 1990) (in the case of a member
of the family, his name, age, and relationships also be stated).
2. It is further certified that neither the medicine/drugs etc. nor
their effective substitutes could be supplied from the
hospital/dispensary.
3. Also certified that all the above mentioned tonics/ vitamins
have been prescribed as medicines and not as tonic or food.
4. Certified that the treatment received at unauthorized private
hospital/clinic was due to emergency situation.
Signature
Dated Designation
Official Stamp
COUNTERSIGNATURE BY HOSPITAL AUTHORITIES
SPECIFIED IN APPENDIX II
Signature
Dated Designation
Official Stamp
----------------------- Page 1229-----------------------
*
To be given if the serving member of the family as defined in Rule 2(1)(D) of the Federal Government
servants Medical Attendance Rules, 1990 is submitting the claim.
COUNTERSIGNATURE BY THE DEPARTMENTAL
CONTROLLING AUTHORITY
Signature
Dated Designation
Official Stamp
Certificate from the office of the retired Government servant.
Functional Head
00000 - General Administration
02000 - Fiscal Administration
02800 - Pensions
Objective Head
Minor - 66000 - Pensionary Benefits
Detailed- 66600 - Reimbursement of medical charges to pensioners
Signature
(Full Name)
Dated (Designation)
(Official Stamp)
PART D
For use in the audit office which
issued the pension payment order
----------------------- Page 1230-----------------------
Pensioners P.P.O. No.
----------------------- Page 1231-----------------------
Appendix-II
GUIDELINES FOR SCRUTINY OF CLAIMS:
1. Only prescribed application/bill (specimen Appendix I)
duly filled in and not any other form/proforma is used.
2. Duly attested copy or copies of proper prescription or
prescriptions bearing OPD No., name, age, sex and
disease of the patient and admission/discharge slip (in
case of indoor treatment) are attached.
3. Names and quantity of the medicines purchased by the
claimant are clearly indicated on application/ bill.
4. Application/bill must be signed by the Authorized
Medical Attendant.
5. The following officers are authorised to countersign the
application/bill.
Places Officers authorised to
countersign Application/Bill.
(a) Islamabad (i) Medical Superintendent, F.G.S.H.
Islamabad
(ii) Executive Director, P.I.M.S., Islamabad
(iii) Joint Executive Director, Children
Hospital (PIMS), Islamabad.
----------------------- Page 1232-----------------------
(iv) Civil Surgeon (Federal Govt.), Islamabad.
(b) Rawalpindi/ (i) Civil Surgeon (Federal Govt.),
Peshawar/
Quetta (ii) The Medical Superintendent, T.B. Centre,
Rawalpindi.
(c) Karachi (i) Civil Surgeon (Federal Govt.)
(ii) Director, Jinnah Postgraduate Medical
Centre, Karachi.
(iii) Executive Director, National Institute of
Cardiovascular Diseases, Karachi.
(iv) Director, National Institute of Child Health,
Karachi.
(d) Lahore (i) Civil Surgeon (Federal Govt.)
(ii) Chairman/Administrator, Shaikh Zayed
Postgraduate Medical Institute, Lahore.
(e) Quetta Civil Surgeon, Federal Government Quetta.
(f) Peshawar Civil Surgeon, Federal Government
Peshawar.
(g) Other places where Medical Superintendent/Officer
there is no Federal Incharge or Head of the Provincial
Govt. Hospital Government Hospital concerned.
6. In case the patient is referred to some other hospital by
----------------------- Page 1233-----------------------
his authorized medical attendant, a copy of such
reference letter/move sanction, as the case may be, is
attached with the claim.
7. No receipt written on private pad/chit of the Doctor
except on proper hospital printed form is to be
accepted.
8. Cash memos must be on proper printed form with
license number of the chemist alongwith official stamp
of the Authorized Medical Attendant showing his name
and designation.
9. In case of indoor treatment, diet charges are not to be
reimbursed.
10. Cost of Unani eruvedic and Homoeopathic medicines
will not be reimbursed.
11. The transportation charges except to the extent of
entitlement of the patient would not be reimbursable.
12. In addition to above, if a patient has to get medical
treatment from any unauthorized private hospital/ clinic
in emergency he is required to produce emergency
certificate from the treating doctor showing nature of
disease and treatment given and get the claim
(Appendix I) signed by the nearest authorized medical
attendant and countersigned by the officers indicated in
item 4 above. The office receiving the bill will pass the
bill for the amount found reimbursable and transmit the
bill to the Health Division for scrutiny and authorizing
payment to the AGPR.
----------------------- Page 1234-----------------------
Appendix-III
Registered AD/Special Sealed
From
To
Subject:- Reimbursement of Medical Charges to Retired
Government Servant/Member of his families as
defined in Rule 2(1)(d) of the Federal Services
Medical Attendance Rules, 1990.
In pursuance of Ministry of Health read with
you are hereby authorised to make
payment of Rs. only (in figures) Rupees
only (in words) to the following pensioner/member of his family as
defined in Rule 2(1) of Federal Services Medical Attendance Rules,
1990 on proper identification. He has been drawing pension from your
counter.
(a) Name
(b) Father's Name/Husband Name
(c) National Identity Card No. (d)
Post held by the Government servant concerned
at the time of retirement and the office from which he
retired.
(e) Number and date of pension payment order and the
name of issuing office.
2. The expenditure is debitable to the head
3. Debit may be raised to this office quoting No and date of this
authority letter.
----------------------- Page 1235-----------------------
Signature (Accounts Officer)
Official Stamp
Seal
Copy to:-
1. Ministry of Health
2.
3. (Govt. Servant) Complete postal address
Signature
(Accounts Officer)
Sl. No. 18
Travelling allowance on retirement.- 1. (a) A Government
servant is allowed T.A.to the extent specified below, in respect of the
journey from the place of his last posting to his home town, performed
during leave preparatory to retirement on or after retirement :-
(i) Actual fare by rail or steamer of the class to which he
was entitled immediately, before his retirement for
himself and for each member of his family. For
journeys by road between places not connected by rail
or steamer, mileage allowance will be allowed.
(ii) Cost of transportation of personal effects to the extent
admissible to him immediately before retirement for
journeys on transfer.
(b) Advance payment for expenditure as at (a) above shall be
----------------------- Page 1236-----------------------
made and be treated as final payment.
(c) The home town shall be determined according to entries
pertaining to the permanent address of the Government servant in his
service record or according to the declaration made by him for
purpose of leave travel concession.
(d) That term "retirement" shall mean retirement on attaining
the age of superannuation, or on completing prescribed service limit,
or voluntary retirement on completion of 25 years qualifying service,
or on invalid pension, or compulsory retirement. (Para 17 of Finance
Division's O.M. dated 20th December, 1972).
2. Government servants whose home towns are in Gilgit,
Baltistan and Chitral and have, of necessity, to perform journey on
retirement, by air, shall be allowed travelling allowance as under:-
(i) For the portion of journey connected by rail; rail fare of
the class of entitlement.
(ii) For the portion of journey connected by road; mileage
allowance at prescribed rate.
(iii) Air fare (economy class) for self and family from the
Airport of Rawalpindi/Peshawar, as the case may be,
upto the airport near the home town; and
(iv) The cost of transportation of personal effects at paisa
*
0.148 per Kilometer Per Kilogram from the residence at
the old station of posting to the residence at his home
town irrespective of mode by which the personal effects
are carried.
[Para 2, Finance Division O.M. No. F. 2(16)-R 9/77 dated 29-6-1977].
----------------------- Page 1237-----------------------
3. A civil servant who did not avail himself of the concession of
retirement T.A. during leave preparatory to retirement, may do so
within six months after the actual date of his retirement. If, however, a
retired civil servant dies during this period without having availed
himself of the concession, it may be allowed to the family on
application to the Head of Department and should be availed of
before the expiry of six months from the date of retirement of the
deceased Government servant or within three months of the date of
his death, whichever may be later.
4. In the case of a retired Government servant who is re-
employed immediately after, or within six months from the date of
his retirement, the time limit prescribed above shall commence from
the date on which the period of re-employment concludes.
[Authority.- Finance Division O.M. No. F. 2(5)-R 9/76, dated 3-3-1976].
Note.- For subsequent orders regarding grant of T.A. to Government servants proceeding
on retirement including payment of Transfer Grant, see Finance Division's
Compilation of General Orders relating to Travelling Allowance. (1947--30th June,
1981).
*
Revised vide Finance Division O.M.No.1(16)Reg.9/91, dated 3-10-1991.
Sl. No. 19
Reference Finance Division's O.M. No. F.2(1)-Rev.I/72 dated
the 20th December, 1972, on the above mentioned subject, as
amended from time to time, it is stated that the President has been
pleased to decide that the existing rates of Transfer Grant,
Transportation of Motor Car/Motorcycle/Scooter by road and the
Mileage Allowance shall be revised with immediate effect, as under:
(I) TRANSFER GRANT
----------------------- Page 1238-----------------------
Category of Employees Existing Rates Revised Rates
a) Employees One month's pay subject No change in the existing rules
having family. to a maximum of but the condition of maximum of
Rs.4000/- Rs.4000/- and Rs.2000/- has
been removed.
b) Employees not Half month's pay subject
having family. to a maximum of
Rs.2000/-
(II) TRANSPORTATION OF MOTOR CAR/MOTOR CYCLE
OR SCOOTER BY ROAD.
Existin Revised Rates
g Rates per per kilometer
kilometer
i) Motor Car 60 Paisa Rs.1.20
ii) Motor Cycle or 20 Paisa Rs.0.40
Scooter
----------------------- Page 1239-----------------------
(III) MILEAGE ALLOWANCE
Existing Rates Revised Rates
per Kilometer per Kilometer
a) Personal car or by engaging Rs.2.00 Rs.3.00
a full taxi.
b) Motor Cycle or Scooter. Rs.0.65 Rs.1.00
c) Bicycle, animal back Rs.0.50 Rs.0.75
or foot.
d) Public transport plying for hire Rs.0.32 Rs.0.50
on single seat asis:-
Rs.0.20 Rs.0.30
i) For Govt. Servants
in
BPS-
7 and
abov
e.
ii) For Govt.servants in BPS-6
and below.
(IV) TRAVEL BY AIR:
Government servants in BPS-17 and above and those in receipt of pay exceeding
*
[Rs. 5400/- P.M.] shall be allowed to travel by air.
**
2. [Transportation of Motor Car may be permitted by any means of
transport but its transportation cost be restricted to the expenditure for
EVK transport].
[Authority.- Finance Division O.M. No.F.1(16)-Reg.(9)/91, dated 21-8-1991].
Employment after retirement
Policy and procedure
Sl. No. 20
----------------------- Page 1240-----------------------
Re-employment after superannuation.- It has been noticed that
Ministries/Divisions initiate proposals for re-employment of
*
Subs vide Finance Division O.M. No. F.1(33)-Reg.9/94, dated 19-10-1994.
**
Added vide Finance Division O.M. No.F.1(16)-Reg.(9)/ 91, dated 26-9-1991.
Government servants after superannuation as a routine measure. It is
emphasized that re-employment beyond superannuation should be
an exception and not the rule. It may be recommended only in cases
where Government considers that the experience gained by the
retiring person is of vital importance and can be gainfully utilized,
particularly in fields where suitably qualified and experienced persons
are not available.
2. For achievement of the objective mentioned above, the
present Government has framed a policy for re-employment of
Government servants and cases for re-employment would, in future,
be considered in accordance with the following criteria:
(i) Non availability of suitably qualified or experienced
officers to replace the retiring officer;
(ii) the officer is a highly competent person with distinction
in his profession/field;
(iii) the re-employment does not cause a promotion block;
and
(iv) retention of the retiring officer, for a specified period, is
in the public interest.
----------------------- Page 1241-----------------------
This policy would also apply to government controlled corporations
and other autonomous bodies.
3. Proposals for re-employment are required to be
accompanied with the following documents/information:-
(a) The proposal duly signed by Secretary or Additional
Secretary Incharge of the Ministry concerned is
received in the Establishment Division 6 months before
the officer is due to attain the age of superannuation
and has the approval of the Minister Incharge;
(b) the steps taken to train the substitute, if any;
(c) ACRs with photograph, ICP chart and bio-data on
prescribed proforma; and
(d) certificate that the officer is medically fit.
4. Re-employment beyond the age of superannuation in all
cases requires the approval of the Prime Minister.
5. It is requested to instruct all concerned in Ministries/
Divisions and Attached Departments/autonomous bodies to strictly
follow the guidelines given above.
[Authority.- Establishment Secretary's d.o. letter No.7/3/ 89-OMG-II dated 28-01-1989].
Sl. No. 21
Re-employment of Civil Servants after compulsory retirement
or termination of service.- A person, whose services have been
terminated as a result of a disciplinary action against him, or
----------------------- Page 1242-----------------------
retrenched due to winding up of an organization (where he was
serving) on grounds of its having been set up irregularly, will not be
re-employed without obtaining the orders of the President.
2. Such cases for re-employment of persons, in all grades,
both in Government service and Corporations etc., should be
submitted by the Ministry concerned (together with its
recommendations and bio-data of the proposed person), through the
Establishment Division, to the President for orders. Such a proposal
shall be made in the form of a "Summary", containing the approval of
the Minister-in-charge, and signed by the Secretary or Additional
Secretary Incharge.
3. Ministries/Divisions are requested to bring these instructions
to the notice of all Attached Departments/Subordinate
Offices/Corporations etc. under their administrative control, for
information and necessary action.
[Authority.- Estt. Division O.M. No. 2/6/78-CV, dated 08-1-1979].
Sl. No. 22
A question has arisen whether a Government Servant, whose
L.P.R. has been refused, should be recommended for re-employment
on the same post, after superannuation.
2. It has been decided that as a matter of policy, re-
employment, beyond superannuation, may not be initiated as the
period of refused L.P.R. gives ample time to find out replacement of
the retiring officer. In exceptional cases, where re-employment
beyond superannuation is inevitable, the reasons therefor may
specifically be brought out in the "Summary for the President".
3. Ministries/Divisions may please bring these instructions to
----------------------- Page 1243-----------------------
the notice of the autonomous bodies/corporations etc.
[Authority.- Estt. Division O.M. No. 3/60/81, dated 17-11-1982].
Sl. No. 23
It has time and again been stressed that the approval of the
President would be necessary in all cases of re-employment after the
age of superannuation in Government as well as in the autonomous
bodies. In this connection attention is invited to Establishment
Secretary's d.o. letter No. 8/l/72-CV, dated 29-5-1972 and
Establishment Division O.M. No. 2/2/78-CV, dated 24-12-1978.
According to these instructions the age of superannuation of all
Government servants should be 60 years and this should apply
equally to Government controlled corporations/ autonomous bodies
etc. and if such organizations have prescribed age beyond 60 years
they were required to amend their Recruitment/Service Rules and
inform the Establishment Division of compliance. It was abundantly
made clear that in case no communication was received it would be
assumed that the age of superannuation, as prescribed in their rules,
is 60 years.
2. Contrary to the explicit instructions referred to above it has
come to notice that corporations/autonomous bodies have been re-
employing persons after the date of superannuation without obtaining
prior approval of the President.
3. It is, therefore, reiterated that no person who has already
attained the age of 60 years should be allowed to be in employment
without obtaining prior approval of the President.
[Authority.- Estt. Division O.M. No. 2/48/84-ABC dated 23-1-1985].
Sl. No. 24
----------------------- Page 1244-----------------------
The Prime Minister has taken serious notice of cases in which
civil servants were allowed to continue in service beyond the date on
which they attained the age of superannuation or completed the
specified period of their re-employment on contract simply on the
grounds that proposals for their re-employment beyond the age of 60
or beyond the period of re-employment had been submitted or were
being submitted. This practice is in violation of Government's clear
instructions issued time and again. In this connection, attention is
invited to circular (d.o. letter No. 4/1/84-R.I dated 20-6-1984).
2. The procedure for employment of civil servants after
retirement should be strictly followed. It should particularly be ensured
that all proposals for re-employment beyond the age of 60 or for
extension of the period of current re-employment are made at least 6
months before the date of attaining the age of superannuation or the
date of expiry of the current period of re-employment, as the case
may be.
3. In case a proposal for re-employment has been submitted
and no decision has been received by the date on which the civil
servant concerned attains the age of 60 or completes the current
period of reemployment, it is the responsibility of the head of office to
ensure that the civil servant relinquishes the charge on such date.
[Authority.- Estt. Secretary's d.o. No. 4/1/84-R.I, dated 8-8-1985].
Sl. No. 25
In continuation of the Establishment Division's Office
Memorandum No.2/2/78-CV, dated the 24th December, 1978, it is re-
emphasized that re-employment of Government servants beyond
----------------------- Page 1245-----------------------
superannuation is allowed in exceptional cases to meet the shortage
of experienced and competent persons where replacements from
present cadres are not available. Proposals for re-employment, to
be submitted by the Ministry concerned through the Establishment
Division to the President, are to indicate reasons for non-availability of
substitute, steps taken to train a substitute and that the re-
employment/extension is not likely to block the promotion prospects of
other officers. The instructions have been circulated in our Office
Memorandum referred to above under which detailed information is
required to be provided along with the proposal for re-employment.
2. It is requested that while submitting Summaries for re-
employment/extension in re-employment, detailed information may
also be furnished on the prescribed proforma attached as Annexure-I.
[Authority.- Estt. Division D.O. letter No. 5/10/83-E.4, dated 23-4-1983].
----------------------- Page 1246-----------------------
Annexure-I
BIO-DATA FORM
(TO BE USED IN RE-EMPLOYMENT CASES)
1.
(Name of the Officer)
a. Grade
b. Date of Birth & Age on
(Years months days)
c. Date of joining & Length of Service
(Years months days)
d. Date of Re-Employment(approved earlier)(Only
in case of
extension in Re-employment
period).
e. Total ACRs V.Good Good Average Below Average
(Years to be shown against Average &
Below Average ACRs)
NOTE:
(1) Any missing ACRs with reasons
(2) Photo of the officer affixed in the CR dossier or not, if
not affixed.
f. Adverse Remarks in the ACRs
g. Service (Showing Appointment Held)
2. Promotion in Blockade (Indicate if Promotion blockade is
created due to his re-
employment).
----------------------- Page 1247-----------------------
----------------------- Page 1248-----------------------
Sl. No. 26
Re-employment of government servants beyond
superannuation is to be recommended in exceptional cases
particularly to meet the shortage of experienced and competent
persons where replacement from the existing cadres is not available.
2. The Prime Minister has been pleased to observe that no
case for re-employment/extension in re-employment should be put up
unless specifically asked for.
[Authority.- Estt. Division d.o. letter No.1/2/90-D.S. dated 07-3-1990].
Sl. No. 27
It has been observed by the Establishment Division that
officers appointed on contract or serving on re-employment and
secondment in the Federal Government continue in their posts after
the expiry of their tenure without specific orders of the competent
authority.
2. All Ministries/Divisions are requested to please adhere to the
instructions issued by the Establishment Division and not to allow any
officer to continue in service beyond the age of superannuation or
contractual appointment without the priorapproval of the competent
authority.
[Authority.- Estt. Division O.M.No.4/1/84-R.I, dated 2-9-1990].
Sl. No. 28
The Cabinet in its meeting held on 12-11-1990 has decided
that no re-employment beyond the age of superannuation should be
allowed except in very exceptional cases for which approval of the
Prime Minister would need to be obtained.
----------------------- Page 1249-----------------------
2. This decision is also applicable to autonomous bodies/semi-
autonomous bodies and may please be brought to their notice for
strict compliance.
[Authority.- Estt. Division O.M. No.4/2/90-R.I dated 5-12-1990].
Sl. No. 29
The Ministries/Divisions are advised not to initiate cases of re-
employment of civil servants beyond the age of superannuation
unless that is considered unavoidable due to non-availability of his
replacement and the importance and sensitivity of the job which must
be clearly brought out while initiating any such proposal.
[Authority.- Estt. Division O.M.No.4/1/93-R.I dated 27-8-1995].
Sl. No. 30
As per existing policy of the Government, re-employment of
retired civil servants beyond superannuation is not encouraged except
in cases when a civil servant possesses such expertise that his
services are irreplaceable.
2. The Prime Minister has been pleased to decide that
requests for re-employment of ex-civil servants who have voluntarily
retired from service shall be summarily rejected. Ministries/Divisions
are advised not to initiate any such proposal in future.
[Authority.- Estt. Division O.M. No.4/1/96-R.I, dated 16-11-1996].
Sl. No. 31
Guard against unauthorised overstayal after
superannuation/on expiry of the period of contract re-employment.-It
----------------------- Page 1250-----------------------
has been observed by the Establishment Division in certain cases that
officers on superannuation or on expiry of contract re-employment
continue in office which is violation of the existing instructions issued
on the subject from time to time. Attention is invited to this Division's
D.O. letters No. 5/10/83-E-4, dated 23-4-1983 (Sl.No.25),
No.4/1/84-R.1, dated 20-11-1986 (Annexure to Sl.No.27, Chapter-III),
O.M.No.4/1/84-R.1, dated 2-9-1990 (Sl.No.27) and O.M. No.4/2/90-
R.1, dated 5-12-1990 (Sl.No. 28).
2. In view of the above, all the Ministries/Divisions are
requested to ensure that the instructions already issued by the
Establishment Division are complied with in letter and spirit and no
officer is allowed to continue in office after superannuation/on expiry
of the period of contract re-employment unless prior approval of the
competent authority is obtained in advance. In case of unauthorized
overstayal, the financial liability for such an irregularity shall rest upon
the head of the department and the officer concerned himself.
3. If it is intended to get the retiring person re-employment on
contract in public interest to get his contract extended, a proposal in
the form of a summary for the Prime Minister should be submitted to
this Division about six months in advance from the date of his
retirement from service/expiry of the contract so that Establishment
Division could have sufficient time to process it properly.
4. The proposal for re-employment on contract/extension in
contract should invariably contain the following information:-
(a) A brief report on the performance of the officer during
the period of his contract re-employment (only for the
cases for extension in contract).
(b) Certificate that the proposed re-employment/ extension
----------------------- Page 1251-----------------------
in contract will not create promotion blockade for the
departmental officers.
(c) Steps taken to train a substitute of the officer and a
statement of circumstances in which no officer could be
groomed to take up the assignment.
5. No request for grant of ex-post-facto approval to the contract
re-employment/extension in contract, in any circumstances, will be
entertained.
6. All the Ministries/Divisions are requested to strictly abide by
the above guidelines. If a proposal, floated on the subject, either fails
to give adequate information, as mentioned above or is not received
in the Establishment Division in time, the same will be liable to be
summarily rejected by the Establishment Division and will not be
processed further.
7. All the Ministries/Divisions are requested to bring the above
instructions to the notice of the Attached Departments/ organizations
for strict compliance.
[Authority.- Estt. Division O.M. No.3/16/99-CP-6, dated 26-5-1999].
Ex-Government Servants (Employment
with Foreign Governments)(Prohibition)
Act,1966 (Act No. XII of 1966)
Sl. No. 32
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
----------------------- Page 1252-----------------------
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
----------------------- Page 1253-----------------------
(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
*
Federal Government or a person [or authority authorized by it in this
behalf] seek or take up employment as an officer or servant of a
foreign government or a foreign agency.
(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.- The Act Published in the Gazette of Pakistan Extraordinary Part-I,
dated 7-7-1966].
Sl. No. 33
3. Ex-Government servants employed by U.N. or its Agencies
are not affected by the ex-Government servants (Employment with
Foreign Governments) (Prohibition) Act, 1966 (Act No.XII of 1966).
[Authority.- Para 3 of Ministry of Foreign Affairs Circular No. SS (A) EGS/66, dated 17-12-
1966].
Production of certificate of
physical fitness by retired
----------------------- Page 1254-----------------------
Government servants on re-
employment to Gazetted posts
Sl. No. 34
Under S. R. 4-A (6), retired Government servants re-
employed immediately after retirement are exempted from
*
Section 3, as amended vide Ordinance No.XXIX of 1984 dated 27-6-1984.
**
Subs vide Ordinance No.XI of 1982, dated 18-5-1982.
producing medical certificate of the health. It has, however, been
noticed that the appointing authorities do not insist upon the
production of a medical certificate even where there has been a break
between the retirement and re-employment of the Government
servants. The attention of the Ministries/Divisions is drawn to the
provisions of the said rules and it is stated that the medical certificate
of health should be obtained in all cases in which an interval occurs
between Government servant's retirement and re-employment.
[Authority.- Estt. Division O.M. No. 5/5/49-Ests. (SE), dated 23-8-1949].
Sl. No. 35
The orders contained in the Ministry of Finance Office
Memorandum No. 20-F. 38(I) RI/(2)/54, dated the 17th August, 1954
(Annexure) also apply to the cases of re-employment to Gazetted
posts when an interval occurs between the retirement and
re-employment of a Government servant. A medical certificate of
health is necessary in such cases under the orders contained in the
Establishment Division Office Memorandum No. 5/5/49- Ests.
(SE),dated the 23rd August, 1949.
[Authority.- Estt. Division O.M. No. 15/28/ 54-SEII, dated 4-5-1955].
ANNEXURE
----------------------- Page 1255-----------------------
Copy of Finance Division O.M. No. 20-F. 38(I) RI/(2)/54, dated
the 17th August, 1954.
The question has been raised whether candidates appointed
direct to Gazetted posts under Central Government should be
examined by a Medical Board or by a Civil Surgeon. Since those
orders are not clear on some points the question has been
reconsidered and it has been decided that -
(i) all persons not already in service under the Federal
Government should be required to undergo medical
examination. The examination should be by a Medical
Board if the post is permanent, or quasi-permanent or is
likely to last for more than a year and by a Civil Surgeon
if the post is likely to last for not more than a year. If an
appointment initially made for a period not more than a
year is subsequently extended beyond that period, the
person concerned should be required to undergo
medical examination by a Medical Board.
(ii) Persons already in temporary service under Federal
Government whether in Gazetted or non-Gazetted
posts will also be subject mutatis mutandis to the
general rules in (i) above; provided that any person
appointed to a post not likely to last for more than a
year who has already been medically examined by an
authority not lower than a Civil Surgeon in respect of a
previous post need not undergo examination again until
and unless the period of the post is extended beyond
one year. If such a person has already been examined
by a Medical Board in respect of his previous
appointment and if standard of medical examination
prescribed for the new post is the same, then he need
----------------------- Page 1256-----------------------
not be required to undergo a fresh medical examination
before confirmation.
(iii) A person who is already, permanent or
quasi-permanent in a post under the Federal
Government need not be medically examined on
appointment to a Gazetted post; provided that if the
new appointment is not in normal line of promotion of
the person concerned and requires a different medical
standard from that required in his permanent or quasi-
permanent appointment or the rules for recruitment to
the new appointment prescribe a fresh Medical
examination in respect of all candidates, he shall
undergo a fresh medical examination by the prescribed
standard and by the prescribed medical authority.
2. These orders will not have retrospective effect and cases
already decided need not be re-opened.
3. These orders do not apply to the medical examination of
persons recruited through competitive examinations held by the
Federal Public Service Commission, the rules for which make
separate provision for the purpose.
Note:- The above orders also apply to female candidates appointed to Gazetted posts vide
Establishment Division letter No. 1/15/58-SEI, dated 27-5-1958, reproduced at
Serial No. 5 of Part IV of the Ministry of Finance's Compilation of General Orders
(2nd Edition).
Fixation of pay and
allowances of re-employed
Government servants
Sl. No. 36
----------------------- Page 1257-----------------------
Principles for fixation of pay.- The question of formulating a
uniform policy in regard to the fixation of pay of retired Government
servants re-employed under the Government of Pakistan and in
autonomous bodies had been under the consideration of the Ministry
of Finance for some time past. The President has now been pleased
to decide that in supersession of all previous orders on the above
subject, the pay of retired Government servant on re-employment
shall be fixed in accordance with the following principles :-
(i) Where the new post carries a fixed pay, he should be
allowed the pay of that post less pension.
(ii) Where the new post carries a time-scale of pay:-
(a) If the substantive pay last drawn by the officer
before retirement was less than the minimum of
the scale of the new post, he should be allowed
the minimum of the scale less pension.
(b) If the substantive pay last drawn was more than
the minimum of the scale but less than the
maximum of the scale of the new post, his pay
should be fixed at the stage in the scale
corresponding to the pay last drawn, or if there
be no such stage, at the next lower stage in the
scale. From the pay so fixed the amount of
pension should be deducted.
(c) Where the substantive pay last drawn was more
than the maximum of the scale of the new post
the pay should be fixed at the maximum less
pension.
----------------------- Page 1258-----------------------
(iii) A re-employed Government servant should earn
increments in all cases where pay has been fixed in a
scale at a stage lower than the maximum.
(iv) In case a re-employed pensioner is promoted to a
higher post, his pay should be fixed in such a manner
as if he was a serving officer with the difference that
from the pay so determined the pension would be
deducted.
(v) In a case where officiating pay higher than the
substantive pay was drawn for a continuous period of 3
years or more immediately before retirement, the
officiating pay drawn before retirement may be treated
as substantive pay for the purpose of these orders.
2. The above principles should be made applicable to
employment in Autonomous Bodies and Public Limited Companies in
which Government holds controlling shares.
3. These principles should be followed in case of appointments
to statutory posts as those of Governors, Speakers, Ministers etc. A
retired official appointed to any statutory post should draw the pay of
the post less the amount of pension drawn by him.
4. The pay of the retired military personnel re-employed in civil
posts may also be fixed in accordance with the above principles. In
their case substantive pay shall also include the following elements;
provided that they were drawn before retirement/release/leave/leave
pending retirement for a continuous period of 3 years or more:-
(a) Command/Staff/Charge Pay.
(b) Instructional pay.
(c) Qualification pay.
----------------------- Page 1259-----------------------
(d) Disturbance Pay.
5. The word `pension' wherever used in these orders means
pension before commutation and/or surrender.
6. These orders will have effect from the date of issue of this
Office Memorandum.
[Authority.- Finance Division O.M.No.F. 4(7)- Regs.7/72, dated 1-1-1973].
Sl. No. 37
Grant of Allowances during re-employment/contractual
appointment.- The queries have been received from different quarters
about the payment of Orderly Allowance, Senior Post Allowance and
Qualification Allowance (where admissible) during re-
employment/contractual appointment. It is clarified that these
allowances are not admissible during re-employment/contractual
appointment because:-
(1) 100% Orderly Allowance is already included in pension,
as Special Additional Pension.
(2) Similarly, Senior Post Allowance also forms part of
pension. Move-over, this allowance is admissible to civil
servants: whereas a contractual appointee is not a civil
servant.
*
(3) Qualification Pay also forms part of pension. This has
been examined many times in the past. The view has
been:
"QP is not admissible because, the philosophy at
the time of its introduction was to encourage the
----------------------- Page 1260-----------------------
government officers in service to do the higher
courses and was made a condition for future
promotion. It was meant as an incentive for
government's regular, permanent officers who
are in service. More-over, the Qualification Pay
is counted towards pension. As such, there can
not be two benefits at the same time, as the
officer was already drawing."
2. If these allowances are again granted on re-employment, it
will amount to duplication. This policy is being kept in mind while
vetting the terms and conditions of contractual appointments and the
payment of the above discussed allowances is not allowed to retired
government servants.
[Authority.- Finance Division O.M. No. 5(4)R-3/96 dated 16-4-1996].
Sl. No. 38
Fixation of pay of retired Government servants civil/military
re-employed under the Government and in autonomous bodies.- The
question of fixation of pay of retired government servants, civil and
military, on re-employment in civil posts under Federal Government
and in autonomous bodies has been reviewed by government and the
President has been pleased to decide that re-employment and re-
employment pay of retired government servants shall henceforth be
regulated in accordance with the following principles:-
(I) Post on which re-employment shall be made
(i) Re-employment of retired civil servants shall be
made in grades equivalent to substantive grade
or temporary grade if held for one year by the
Government servant before retirement.
(ii) In the case of officers of Armed Forces,
----------------------- Page 1261-----------------------
re-employment shall be made on contract in
accordance with the instructions contained in the
Establishment Division O.M. No. 14/5/78-D. III,
dated 10-2-1980 in the case of civil posts and in
the light of orders issued in pursuance of the
Establishment Division No.14/5/78-D.III, dated
11-2-1980 in the case of autonomous bodies.
The equivalent grade in the civil post shall be
determined according to the equivalence formula
approved by the President, (Sl.No.39).
*
Amended vide Finance Division O.M. No.5(4)R.3/96, dated 16-4-1996.
(II) Pay on re-employment under clause (I) above.
(i) (a) When a retired civil servant is
re-employed under Federal Govern-ment
after superannuation or after completion
of 30 years pensionable service, his initial
pay shall be fixed at the minimum of the
pay scale of the post in which he is re-
employed.
(b) When a retired civil servant is
re-employed under the Government
owned/controlled autonomous/semi-
autonomous bodies and corporations
after superannuation or after comple-tion
of 30 years pensionable service, the initial
----------------------- Page 1262-----------------------
pay of such a government servant shall
be fixed at the minimum of the scale of
pay of the post in which he is
re-employed.
(c) A re-employed government servant would
earn increments under normal rules.
(d) In addition to pay, as indicated in clause
(a) and (b), full pension shall be
admissible to the re-employed civil
servant.
(ii) (a) When a retired military officer of the rank
of Major/equivalent and above is
re-employed under Federal Government
or under an autonomous body in
accordance with clause I (ii), his pay may
be fixed at the minimum of the equivalent
grade in which re-employment is made
and, in addition, full service pension as
admissible under the rules shall be paid.
The pay scale of the post shall for this
purpose be determined with reference to
the equivalence formula mentioned in
Clause I (ii).
(iii) The pay of retired Government servants other
than those covered by I & II shall be fixed in
accordance with the Ministry of Finance O. M.
No. F. 4(7) Reg. 7/72, dated 1-1-1973 (Sl.No.36)
referred to above, as amended from time to time.
2. Existing re-employed retired civil servants may opt to be
----------------------- Page 1263-----------------------
governed by the existing rules/orders or by the revised orders in this
Office Memorandum. Where such a government servant opts to be
governed by the revised orders, his initial pay should be re-fixed at the
minimum of the scale of the post held by him with effect from the 1st
of the month in which option is given and pension may be allowed in
addition as provided in part (II) (i) above.
3. Existing retired officers of the Armed Forces of the rank of
Major/equivalent and above who were re-employed in civil posts for a
specified period may opt either to be governed by their existing terms
and conditions or by the revised orders in this Office Memorandum.
Where such re-employed officers opt to be governed by the revised
orders, they will be brought on the revised terms and conditions with
effect from 23rd December, 1979 on which date the President was
pleased to approve the scheme published vide Establishment Division
O.M. No.14/5/78-D. III, dated 10-2-1980. From that date, their
re-employment would be converted into re-employment on contract
on the terms and conditions laid down in the O.M. of 10-2-1980 for the
remaining term of their re-employment or for a period of 3 years,
whichever is less. Their pay will be refixed at the minimum of the
scale of the post held by them w.e.f 23-12-1979, and if the pay so
fixed plus pension is less than the pay received by them immediately
before 23-12-1979, the difference shall be allowed as personal pay to
be absorbed in future increase of pay.
4. The option will be submitted to the Audit Officer concerned
under advice to the Ministries/Divisions, Departments or offices
administratively concerned.
[Authority.- Finance Division O.M. No.F.4(4)-Reg.7/78 dated 20-3-1980].
Sl. No. 39
The President has been pleased to approve the following
----------------------- Page 1264-----------------------
`principle of equivalence' between the rank held in the Defence
Services with appointment in National Pay Scales.
Defence Service Rank
Major General Grade-21 or 22 at the
and equivalent discretion of the
Government.
Brigadier and Grade-20.
equivalent.
Colonel and Grade-19
Lt.Colonel(with
18 to 20 years
commissioned
service) and
equivalent.
Major and Grade-18
equivalent.
Captain and Grade-17
equivalent and
Lt. 2/Lt. and
equivalent.
[Authority.- Estt. Division's Circular No. 16/4/79-AV, dated 8-8-1979].
Sl. No. 40
Refixation of pay after introduction of Revised National Pay
Scales.- Under the existing orders the pay of a retired Government
servant who has been re-employed under the Federal Government or
----------------------- Page 1265-----------------------
in an autonomous body or Public Limited Company in which
Government holds controlling shares and who has not attained the
age of 60 years, is required to be fixed after taking into account the
amount of gross pension, i.e. pension before commutation and/or
surrender. Consequent upon the liberalisation of pension rules for civil
servants vide Finance Division O.M. No. F. 6(l)-Rev. 1/75, dated
7-1-1977 (please see Manual of Pension Procedure) the amount of
gross pension in the case of existing pensioners is also required to be
enhanced with effect from 1-2-1977 in accordance with the provisions
of paras 3 and 8 of the above mentioned O.M., with resultant
adjustment in the pay.
*
2. It has been decided that consequent upon the introduction
of Revised National Scales of Pay, the pay of retired Government
servants re-employed since before 1-5-1977 who have been drawing,
or may elect to draw, pay in, or with reference to the National Scales
of Pay shall, with effect from 1st May, 1977, be fixed in the relevant
revised National Scales of Pay in the manner indicated below:-
(i) In the case of a re-employed Government servant who
has not attained the age of 60 years on 1-5-1977, the
initial pay in the relevant Revised National Scale of Pay
shall be fixed at the stage equal to, or if there is no such
stage, at the stage next above, the amount arrived at by
allowing an increase of 10% over the aggregate of the
basic pay, which for this purpose shall be taken as
inclusive of gross pension, i.e. pension before
commutation and/or surrender, and the dearness
allowances that would have been admissible thereon,
but for these orders, on the Ist May, 1977. The pay so
re-fixed shall then be reduced by the amount of gross
pension and the amount of pension will continue to be
drawn separately in addition to the pay so determined,
subject to the condition that pay plus pension shall be
----------------------- Page 1266-----------------------
limited to the maximum of the Revised National Scale of
pay or the last pre-retirement substantive pay inclusive
of dearness allowances, whichever is more.
(ii) In the case of a re-employed Government servant who
has already crossed the age of 60 years before
1-5-1977 and is thereby entitled to draw pension in
addition to pay of the post vide this Division O.M.
No.F.4(3)-R.7/76, dated 17-2-1976 (Annexure), the
initial pay in the relevant Revised National Scale of Pay
will be fixed as in (i) above on the basis of the pay he is
entitled to draw in accordance with the above
mentioned O.M., together with the dearness allowances
subject to the pay so fixed not exceeding the maximum
of the Revised National Scale of Pay. The amount of
pension shall not figure in the calculation anywhere and
shall in his case continue to be drawn separately in
addition to the pay so fixed.
3. When the pay of an existing re-employed Government
servant is fixed in the revised National Scale of Pay, the amount of
Dearness Allowance, Special Dearness Allowance and Additional
Dearness Allowance shall cease to be admissible with effect from 1st
May, 1977.
4. In the case of a retired Government servant employed on or
after 1-5-1977, the initial pay shall be fixed in the revised National
Scale of Pay in accordance with the relevant orders for the time being
in force, provided that the last pre-retirement pay in his case would be
taken as inclusive of the amount of Dearness Allowance, Special
Dearness Allowance and Additional Dearness Allowance, actually
drawn or which would have been drawn, on the date of retirement.
*
Subs vide Finance Division O.M. No.F.1(4) Imp./77, dated 30-7-1977.
5. For the purpose of grant of allowances, the pay or basic pay
----------------------- Page 1267-----------------------
on which the allowances are to be calculated would, in addition to
actual pay drawn, also include the amount of gross pension which
had been taken into account for the purpose of determination of pay
during the period of re-employment.
[Authority.- Finance Division O.M. No. F. 1(4)-Imp.11/77, dated 14-5-1977].
ANNEXURE
Copy of Finance Division O.M. No. F. 4(3)-R. 7/76, dated the
17th February, 1976.
SUBJECT:- Fixation of pay, of retired civil servants re-employed
in the Government of Pakistan and in Autonomous
Bodies.
A reference is invited to the Finance Division's O. M. No. F. 4
(7)Reg. 7/72, dated the 1st January, 1973 (Sl.No.36) read with O.M.
No. F. 4(6)-Reg. 7/73, dated the 22nd August, 1974 and it is stated
that according to the instructions issued therein the salary of a
re-employed pensioner, as determined with reference to the scale of
pay of the post to which he is appointed, is to be reduced by the
amount of his gross pension. The position has been further reviewed
and it has been decided that in partial modification of the instructions
referred to above a retired civil servant who is re-employed after, or
continues to be re-employed beyond, the age of 60 years, he may
with effect from the date of his appointment or of attaining the age of
60 years, as the case may be, allowed to draw his pension in addition
to the pay of the post.
2. The above decision will be applicable to retired Government
servants appointed to posts, other than statutory posts, under
Government or in Autonomous Bodies and Public Limited Companies
in which Government hold controlling shares.
----------------------- Page 1268-----------------------
3. The pay of the existing re-employed pensioners of the
above categories shall be re-fixed in accordance with these orders
with effect from the date of issue of this Office Memorandum.
Sl. No. 41
Reference sub-clauses (i) (b) and (ii) (a) of clause II of para 1
of this Division's O.M. No. F. 4(4) Reg. 7/78, dated 20th March, 1980
(Sl. No. 38) laying down the method of fixation of pay of retired civil
and military officers on appointment to posts in Government
owned/controlled autonomous and semi- autonomous bodies. The
position has been further reviewed with particular reference to re-
employment against a post in an autonomous/semi-autonomous body
or corporation included in Management Grades vide Finance Division
O. M. No. F. 6(27) Imp. I/79, dated 30th April, 1980, and appointment
to which is, by law, required to be made and the salary of which is
required to be fixed, by the Federal Government. It is clarified that in
the case of such re-employment, the re-employed officer, civil or
military, shall be entitled to draw minimum of the rank/grade from
which he has retired. In addition, he will be entitled to pension and
pre-requisites attached to the management post concerned.
[Authority.- Finance Division O.M.No.F.4(4)-Reg.7/78-1520, dated 30-11-1980].
Leave salary admissible
during re-employment
Sl. No. 42
The Government servants who proceed on leave preparatory
to retirement on voluntary premature retirement on proportionate
pension on completing 25 years of qualifying service and re-employed
during LPR under the Central or a Provincial Government or in an
autonomous or semi-autonomous corporation or body set up by or
----------------------- Page 1269-----------------------
under the control of the Central or Provincial Government or in a local
body or Local Fund, will be entitled to leave salary, which shall be
restricted to the amount of anticipated pension in accordance with
Government decision below F.R. 69.
[Authority.- Finance Division O.M. No. F.2(59)-R.I/79, dated 22-7-1979, read with O.M. No. F.
2(59)-R.I/79, dated 5-7-1980].
CHAPTER - XI
BENEVOLENT FUND
AND
GROUP INSURANCE
( 1039 - 1040 )
----------------------- Page 1270-----------------------
BENEVOLENT FUND AND
GROUP INSURANCE
*
[Federal] Employees Benevolent
Fund and Group Insurance Act,
1969 (Act No. II of 1969)
Sl. No. 1
An Act to establish a benevolent fund for the common benefit of the
*
employees of the [Federal] Government and certain autonomous bodies and
to provide for their group insurance.
WHEREAS it is expedient to establish a benevolent fund for the
common benefit of the employees of the *[Federal] Government and certain
autonomous bodies and to provide for their group insurance;
It is hereby enacted as follows:-
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.- (1) This act may be
*
called the [Federal] Employees Benevolent Fund and Group Insurance Act,
1969.
(2) It extends to the whole of Pakistan and applies to every
employee wherever he may be.
**(3) It shall come in to force on such date as the *[Federal]
Government may, by notification in the official Gazette, appoint; and
different dates may be appointed in respect of different provisions of this
Act for different classes or categories of employees.
----------------------- Page 1271-----------------------
* Subs vide Act No. XXV of 1975
**Note.- The Act shall come in to force w.e.f. 3-4-1969 in respect of all employees as defined in it
except employees in the Civil Armed Forces.
2. Definitions.- In this Act, unless there is anything repugnant in
the subject or context,-
(1) "Article": means an Article of the Constitution;
*
(2) "Benevolent Fund" means the Federal Employees Benevolent
Fund established under section 11;
(3) "Board" means the Board of Trustees set up under section 4;
*(4) "Employee" means -
(a) any person who is a member of an All-Pakistan
Service or of a civil service of the Federation, or
who holds a civil post in connection with the affairs
of the Federation;
(b) any person appointed to the secretarial staff of the
National Assembly or of the Senate whose terms
and conditions of service are governed by Rules or
Law made under Article 87;
(c) any officer or servant of the Supreme Court whose
terms and conditions of employment are governed by
rules made under Article 208;
(d) any officer or servant employed in connection with
the functions of the Chief Election Commissioner or
----------------------- Page 1272-----------------------
an Election Commission whose terms and conditions
of employment are governed by rules or law made
under Article 221;
* Subs vide Act No. XXV of 1975
(e) any officer or servant of such body corporate,
institution, organization or autonomous body, as the
Federal Government may, by notification in the
official Gazette, specify; and includes any such
person, officer, servant or member of the staff who
is-
i) on deputation elsewhere or on foreign service within the
meanings of the Fundamental Rules,
ii) undergoing study or training in or outside Pakistan,
iii) on leave, or
iv) under orders of suspension, but does not include any person
who:-
(a) is an employee of the Railways; or
(b) has attained the age of sixty years; or
(c) is an officer or servant of a provincial government
on deputation to the Federal Government;
----------------------- Page 1273-----------------------
(5) "family" means -
(a) in the case of a male employee, the wife or wives, and in the
case of a female employee the husband of the employee; and
*(b) the legitimate children, parents, minor brothers, unmarried,
divorced or widowed sisters of the employee wholly
dependent upon him.
*Subs vide Act No. I of 1989
(6) Insurance Fund means the Federal Employees Insurance Fund
established under section 17;
*[(7) "Pay" includes emoluments which reckon for pension and the
pay an employee would have drawn but for his deputation, suspension or
leave;]
(8) "Prescribed" means prescribed by rules;
(9) "Rules" mean rules made under this Act.
3. This Act and rules to override other laws, but not to affect
retirement benefits etc.- The provisions of this Act and the rules shall
have effect notwithstanding anything contained in any other law, rule,
order, notification, contract or other document or instrument; but nothing
herein contained shall affect the right to receive any pension, provident
fund, gratuity or other benefits accruing to the employee on his retirement
or invalidation or to his family upon his death otherwise than under this
----------------------- Page 1274-----------------------
Act.
CHAPTER II
BOARD OF TRUSTEES
4. Board of Trustees.- (1) There shall be set up a board to be
**
known as the Board of Trustees of the Federal Employees Benevolent and
Insurance Funds which shall consist of the following namely:-
(a) Secretary to the **Federal Government in the Establishment
Division, who shall be the Chairman of the Board;
*Subs vide Act No. I of 1989
**Subs vide Act No. XXV of 1975.
(b) an officer not below the rank of Joint Secretary concerned
with the welfare of the employees of the *Federal
**
Government appointed by the [Federal Government] by
notification in the official Gazette, to be a member of the
Board;
(c) five persons from amongst the employees whom the
**[Federal Government] may, by notification in the official
Gazette, appoint to be the members of the Board:
Provided that at least one such member shall be from amongst the
officers of the Ministry of Finance and one from amongst the officers of the
*Labour and Local Bodies Division.
----------------------- Page 1275-----------------------
**[(d) The Managing Director of the Board who shall be the ex-
officio member of the Board;]
(2) The members appointed by the **[Federal Government] shall
hold office during **[its] pleasure.
5. Board to be body corporate.- The Board shall be a body
corporate having perpetual succession and a common seal with power,
subject to the provisions of the Act, to acquire, hold and dispose of
property both movable and immovable and shall by the aforesaid name sue
or be sued.
6. Head Office.- The head office of the board shall be at Islamabad
or at such other place as the *Federal Government may, by notification in
the official Gazette, appoint.
7. Powers of the Board.- The Board shall have powers:-
(a) to settle claims for benevolent grants and sums
assured under this Act and all matters connected with
such claims;
*Subs vide Act No. XXV of 1975.
**Subs and added vide Act No.I of 1989
(b) to sanction grant from the Benevolent Fund to the
employees or their families in accordance with the
provisions of this Act and the rules;
(c) to do or cause to be done all acts and things
necessary for the proper administration and
management of the moneys or properties in the
Benevolent Fund & the Insurance Fund;
----------------------- Page 1276-----------------------
(d) to sanction expenditure connected with the
administration and management of the Benevolent
Fund and the Insurance Fund;
(e) to make arrangement for the insurance of the life of
the employees to give effect to the provisions of this
Act;
(f) to invest moneys held in the Benevolent Fund in
Government securities and units of Investment
Corporation of Pakistan or National Investment
Trust, in the construction of buildings for purposes
of raising rent income, and in other profitable
ventures the plans whereof having been previously
*
approved by the Federal Government;
(g) to set up regional boards and invest them with the
administrative and financial powers to deal with such
matters as may be assigned to them by the Board;
(h) to appoint or employee such persons **[ ] as it
considers necessary for the efficient performance of
its operations on such terms and conditions as it
may, subject to rules, determine;
*Subs vide Act No. XXV of 1975.
**Omitted vide Act No. I of 1989
(i) to do or cause to be done all things ancillary or
incidental to any of the aforesaid powers or to the
purposes of the Benevolent Fund and the Insurance
----------------------- Page 1277-----------------------
Fund.
8. Meetings of the Board.- (1) The meetings of the board shall be
held at such times and places as may be prescribed, but the Chairman may
convene the meetings of the Board at any other time and place.
(2) To constitute a quorum at a meeting of the Board, the number
of members present shall be three.
(3) Each member of the Board shall have one vote and in the event
of equality of votes the Chairman shall have a second and casting vote.
(4) The meetings of the board shall be presided over by the
Chairman and in the absence of the Chairman by the person elected for the
purpose by the members present from amongst themselves.
(5) All orders and decisions of the Board shall be authenticated by
the signature of the Chairman or of such other member as may have been
authorized by the Board by a resolution.
*[9. Managing Director of the Board.- (1) The Federal
Government may appoint a Managing Director of the Board on such terms
and conditions as it may determine.
(2) The Managing Director of the Board shall be the ex-officio
Secretary of the Board.]
*Subs vide Act No. I of 1989.
----------------------- Page 1278-----------------------
10. Delegation of powers.- The Board may, for facilitating the
discharge of its functions and ensuring efficient operation of the Benevolent
Fund and the Insurance Fund, by a resolution published in the official
Gazette, delegate to the Secretary, or to the managing director, if any, or
any other officer of the Board, subject to such conditions and limitations, if
any, as may be specified therein, such of its powers and duties under this
Act as it may deem necessary.
CHAPTER III
BENEVOLENT FUND
*
11. Federal Employees Benevolent Fund.- (1) There shall be
*
established a Fund to be called the Federal Employees Benevolent Fund.
(2) To the credit of the Benevolent Fund shall be placed -
(a) all sums paid by the employees as subscriptions to
the Benevolent Fund;
*
(b) all grants made by the Federal Government,
autonomous bodies, organizations, institutions or
other authorities;
(c) donation made by private individuals or institutions;
(d) all income, profits or interest accruing from the
assets belonging to the Benevolent Fund or from
investments made out of the moneys of the Fund;
(e) loans raised by the Board with the previous approval
*
of the Federal Government.
----------------------- Page 1279-----------------------
*Subs vide Act No. XXV of 1975.
(3) The moneys credited to the Benevolent Fund shall be kept in
such bank as may be prescribed.
12. Subscriptions to be paid by the employees.- (1) *[Every
employee in service -
(a) before the fourth day of September, 1988, shall be liable to
pay to the Benevolent Fund a monthly subscription at the
rates specified in column (2) of the First Schedule; and
(b) on or after fourth day of September, 1988, shall be liable to
pay to the Benevolent Fund a monthly subscription at the
rates specified in column (3) of the Second Schedule;
and, as far as possible, the amount of such subscription shall be deducted at
source from the pay of such employee and credited or remitted to the
benevolent Fund].
(2) Where the amount of subscription cannot for any reason be
deducted from the pay of the employee, the employee shall remit to such
officer as may be prescribed for the purpose the sum of subscription
payable by him and any amount of subscription remaining unpaid due to
inadvertence or negligence of the employee or otherwise shall be
recoverable from him in such manner as may be prescribed.
(3) Default in the payment of the subscription either for the reason
that the pay of the employees was not drawn or due to his inadvertence,
negligence or fault or any other reasons whatsoever shall not affect his right
or the right of his family to receive the benevolent grant provided for in
----------------------- Page 1280-----------------------
section 13, but the amount of unpaid subscriptions may be deducted from
the benevolent grant.
*Subs vide Act XIII of 1996 Schedule 2 (to be effective from 4-9-1988)
*[13. Benevolent grants to be paid from the Benevolent Fund:-
1. Where, prior to the fourth day of September, 1988, an employee-
(a) was declared by the prescribed medical authority to have
been completely incapacitated physically or mentally to
discharge the duties of his employment and for that reason
was retired or removed from service; or
(b) had died during the continuance of his employment or dies
after retirement before attaining the age of sixty-five years.
he or, in the event of his death, his family shall be entitled to receive
benevolent grant from the Benevolent Fund according to the rates specified
in column (3) of the First Schedule, for a period of fifteen years or upto the
date on which the employee attains or might have attained if he were alive,
the age of sixty-five years, whichever is earlier:
Provided that in the case of an employee who dies after having
drawn benevolent grant under this sub-section, the said period of fifteen
years shall be reckoned from the date from which he became eligible to the
grant.
----------------------- Page 1281-----------------------
(2) Where, on or after the fourth day of September, 1988, an
employee is declared by the prescribed medical authority to have been
completely incapacitated physically or mentally to discharge the duties of
his employment and for that reason is retired or removed from service, he
shall be entitled to receive for life such benevolent grant from the
Benevolent Fund as specified in column (4) of the Second Schedule; or
where the employee dies during the continuance of his employment, or
during retirement before attaining the age of seventy years, his spouse shall
be entitled to receive for life such benevolent grant from the Benevolent
Fund as specified in column (4) of the Second Schedule:
*Subs vide Act XIII of 1996 Schedule 3&3A (applicable w.e.f. 4-9-1988.
Provided that; if the deceased employee has no spouse or the spouse
dies, other members of his family shall be entitled to receive benevolent
grant from Benevolent Fund as prescribed for a period of fifteen years or
upto the date the deceased employee would have attained the age of seventy
years, whichever is earlier:
Provided further that the said period of fifteen years shall be
reckoned from the date from which the deceased employee or as the case
may be, the spouse became eligible for such grant].
14. Payment of benevolent grant.- (1) On the death of an
employee, the amount of benevolent grant payable under section 13, shall
be paid to such member or members of his family as he might have
nominated in accordance with the rules in full or in the shares specified by
him at the time of making of nomination.
(2) Where no valid nomination made by the employee subsists at the
time of his death, the amount of benevolent grant shall be paid to such
----------------------- Page 1282-----------------------
member or members of his family, subject to such conditions imposed with
a view to ensuring that the amount is justly and equitably utilized for the
maintenance and benefit of all the members of family as may be prescribed
or may, consistently with the rules, be determined by the Board or an
officer authorized by the board in that behalf.
*[14A. Utilitization of Benevolent Fund in other beneficial
Schemes.- The Board may, where it considers expedient and keeping in
view the availability of funds after discharging its liability under this Act,
make schemes for disbursement of any amount for the benefit of
employees, including retired employees and their families].
*Added vide Act XIII of 1996 (w.e.f. 4-9-1988).
----------------------- Page 1283-----------------------
CHAPTER IV
GROUP INSURANCE
15. Insurance of employees.- Subject to the provisions of this Act
and the rules, in the event of the death of an employee, occurring by
whatsoever cause, during the continuance of his employment, the Board
shall pay to the family of the deceased employee a sum *[as may be
prescribed].
16. Arrangements with Insurance Company etc.- The Board
may from time to time arrange for the insurance of the life of the
employees in sums *[as may be prescribed] with such insurance company or
other insurer and for such period as it deems fit, and where any such
arrangement subsists, the liability to pay the said specified sums shall
directly devolve upon the insurance company or other insurer.
17. Federal Employees Insurance Fund.- (1) There shall be
established a fund to be called the Federal Employees Insurance Fund
which shall vest in and be held and administered by the Board.
(2) All sums received from the employees as premia for the group
insurance of the employees and any interest or profit accruing thereon shall
be credited to the Insurance Fund.
(3) The moneys credited to the Insurance Fund shall be kept in such
bank as may be prescribed.
(4) All *[payments made under section 15, the] expenses on any
arrangement entered into by the *[Board] with any insurance company or
other insurer as provided for in section 16 and all expenses on the
administration of the Insurance Fund shall be defrayed from the Insurance
----------------------- Page 1284-----------------------
Fund.
* Added & Subs. vide Act No. I of 1989.
----------------------- Page 1285-----------------------
(5) Any sums remaining in the Insurance Fund after refrying the
expenses referred to in sub-section (4) may be utilized for such purposes
connected with the benefit of the employees, *including retired employees
and their families as the Board may direct.
18. Payment of premia.- (1) Every employee shall be liable to pay
to the Insurance Fund such sum of money as may be prescribed as premium
for the insurance, of his life as provided for in this Chapter and the amount
of such premium shall as far as possible be deducted at the source from his
pay and credited or remitted to the Insurance Fund.
(2) Where the amount of premium cannot for any reason be
deducted from the pay of the employee, the employee shall remit to the
prescribed officer the sum of premium payable by him, and any premia
remaining unpaid due to inadvertence or negligence of the employee or
otherwise shall be recoverable from him in such manner as may be
prescribed.
(3) Default in the payment of premia either for the reason that the
pay of the employee was not drawn or due to his negligence or fault or for
any other reason whatsoever shall not affect the right of his family to
receive the sum assured in the event of the death of the employee, but the
premium remaining unpaid at the time of his death may be recovered from
the assured amount.
19. Payment of the sum assured.- (1) On the death of an
employee, the sum assured shall be paid to such member or members of his
family as he might have nominated in accordance with the rules in full or in
the shares specified by him at the time of making the nomination.
(2) Where no valid nomination made by the employee subsists at
the time of his death, the sum assured shall be paid to such member or
members of his family subject to such conditions
----------------------- Page 1286-----------------------
*Subs vide Act No.XXV of 1975
imposed with a view to ensuring that the sum is justly and equitably,
utilized for the maintenance and benefit of all the members of the family as
may be prescribed or may consistently with the rules, be determined by the
Board or any officer authorized by the Board in that behalf.
CHAPTER V
GENERAL
20. Audit and accounts.- (1) The accounts of the Benevolent Fund
and of the Insurance Fund shall be maintained in such manner and form as
*
the Auditor General of Pakistan may, from time to time, direct, by such
officer or authority as the Board may appoint.
(2) The accounts of the Benevolent Fund and the Insurance Fund
shall be audited by such authority or agency as the Federal Government
*
may, after consulting the Auditor General of Pakistan, appoint.
21. Protection of action taken in good faith.- No suit,
*
prosecution or other proceedings shall lie against the Federal Government,
the Board or any officer or other authorized person for anything in good
faith done or purporting to have been done in pursuance of this Act or the
rules.
22. Exemption from taxes.- The *Federal Government may by
order in writing,
----------------------- Page 1287-----------------------
(a) exempt the Benevolent Fund and the Insurance Fund from
any tax, rate or duty leviable by such Government or by a
local authority under the control of such Government;
*Subs vide Act No. XXV of 1975.
(b) exclude the amount of premium or subscription paid by an
employee from his assessable income under the Income Tax
Act, 1922 (XI of 1922).
*
23. Power to make rules.- The Federal Government may make
rules for the purpose of giving effect to all or any of the provisions of this
Act.
[Authority.- National Assembly of Pakistan Notification No 6/1/69,O&M(RP)AI,
dated 3-2-1969].
**
[THE FIRST SCHEDULE
[see sections 12(1) and 13]
BENEVOLENT FUND
The rates of subscription to the Benevolent Fund and the amount of
monthly benevolent grant payable under section 13 out of such Fund before
the 4th September, 1988.
Pay Range Rate of monthly Rate of monthly
subscription Benevolent grant
----------------------- Page 1288-----------------------
1 2 3
In the case of an One per cent of
employee whose pay pay subject to
last drawn was: maximum of
Between _________ Rs.26/-
(Rs) (Rs)
250 and 300 - 150
301 and 400 - 175
401 and 500 - 200
501 and 600 - 225
601 and 700 - 250
701 and 800 - 275
*Subs vide Act No. XXV of 1975.
**The 1st and 2nd schedules added vide Federal Employees Benevolent Fund and
Group Insurance (Amendment) Act No. XIII of 1996.
1 2 3
801 and 900 - 300
901 and 1000 - 325
1001 and 1100 - 350
1101 and 1200 - 375
1201 and 1300 - 400
1301 and 1400 - 425
1401 and 1500 - 450
1501 and 1600 - 475
1601 and 1700 - 500
1701 and 1800 - 525
1801 and 1900 - 550
1901 and 2000 - 575
2001 and 2100 - 600
2101 and 2200 - 625
2201 and 2300 - 650
2301 and 2400 - 675
2401 and 2500 - 700
2501 and 2600 - 725
2601 and above - 750
----------------------- Page 1289-----------------------
THE SECOND SCHEDULE
[see sections 12(1) and 13]
BENEVOLENT FUND
The rates of subscription to the Benevolent Fund and the amount of monthly
benevolent grant payable under section 13 out of such fund applicable on and
after the 4th September, 1988.
S. Monthly Pay Rate of monthly Rate of monthly
No. subscription Benevolent grant
1 2 3 4
(Rs) (Rs) (Rs)
1. 501 to 600 11 270
2. 601 to 700 13 300
3. 701 to 800 15 330
4. 801 to 900 17 360
1 2 3 4
(Rs) (Rs) (Rs)
5. 901 to 1000 19 390
6. 1001 to 1100 21 420
7. 1101 to 1200 23 450
8. 1201 to 1300 25 480
9. 1301 to 1400 27 510
10. 1401 to 1500 29 540
11. 1501 to 1600 31 570
12. 1601 to 1700 33 600
13. 1701 to 1800 35 630
14. 1801 to 1900 37 660
15. 1901 to 2000 39 690
16. 2001 to 2100 41 720
----------------------- Page 1290-----------------------
17. 2101 to 2200 43 750
18. 2201 to 2300 45 780
19. 2301 to 2400 47 810
20. 2401 to 2500 49 840
21. 2501 to 2600 51 870
22. 2601 to 2700 53 900
23. 2701 to 2800 55 930
24. 2801 to 2900 57 960
25. 2901 to 3000 59 990
26. 3001 to 3100 61 1020
27. 3101 to 3200 63 1050
28. 3201 to 3300 65 1080
29. 3301 to 3400 67 1110
30. 3401 to 3500 69 1140
31. 3501 to 3600 71 1170
32. 3601 to 3700 73 1200
33. 3701 to 3800 75 1230
34. 3801 to 3900 77 1260
35. 3901 to 4000 79 1290
36. 4001 to 4100 81 1320
37. 4101 to 4200 83 1350
38. 4201 to 4300 85 1380
39. 4301 to 4400 87 1410
40. 4401 to 4500 89 1440
41. 4501 to 4600 91 1470
42. 4601 to 4700 93 1500
43. 4701 to 4800 95 1530
44. 4801 to 4900 97 1560
45. 4901 to 5000 99 1590
46. 5001 and above 100 1620]
*
[Federal] Employees
Benevolent Fund and
Group Insurance
Rules, 1972
Sl. No. 2
In exercise of the powers conferred by section 23 of the *[Federal]
----------------------- Page 1291-----------------------
Employees Benevolent Fund and Group Insurance Act, 1969 (II of 1969),
*
the [Federal] Government is pleased to make the following rules, namely:-
1. Short title and commencement.- (1) These rules may be called
*
the [Federal] Employees Benevolent Fund and Group Insurance Rules,
1972.
(2) They shall come into force at once.
2. Definitions.- In these rules, unless there is anything repugnant in
the subject or context,
(a) "Accounts Officer" in relation to an employee means the
concerned officer specified in the **[First Schedule];
*
(b) "Act" means the [Federal] Employees Benevolent Fund and
Group Insurance Act, 1969 (II of 1969);
(c) "Form" means a form annexed to these rules;
(d) "Organization" means such body corporate, institution,
organization or autonomous body as has been specified by
*
the [Federal] Government under sub-clause (e) of clause (4)
of section 2;
*
Subs vide Act No. XXV of 1975.
**Subs vide Estt. Division Notification No. S.R.O. 754(1)/88, dated 4-9-1988.
(e) "Secretary" means the Secretary of the Board; and
(f) "Section" means a section of the Act.
3. Meeting of the Board.- (1) The meeting of the Board shall be
----------------------- Page 1292-----------------------
held at Islamabad or any other place approved by the Board at least once in
each quarter.
(2) An extraordinary meeting of the Board may be called on the
requisition of not less than three members thereof by the Chairman to
consider any urgent matter:-
Provided that the members requisitioning the meeting shall clearly
state the object of the meeting.
(3) Not less than seven clear days' notice shall be given for
convening an extraordinary meeting:
Provided that the Chairman may, if he considers necessary, convene
a meeting at a shorter notice.
(4) The members shall not be paid any remuneration by the Board
for attending meetings or any daily allowance or travelling allowance to and
from the place of their official duties to the place of the meeting.
4. Duties of the Secretary.- (1) All decisions of the meetings of
the Board shall be recorded in a minute book to be maintained by the
Secretary.
(2) Subject to the general control and supervision of the Chairman,
the Secretary shall be responsible for -
(a) the conduct of correspondence on behalf of the Board;
(b) the maintenance of all records of the Board;
(c) the presentation of the budget for each financial year to the Board;
(d) the preparation of the agenda and all matters ancillary to the
meetings of the Board; and
(e) the performance of such other functions as may be assigned
to him by the Board.
5. Custody of the Funds.- The moneys credited to the Benevolent
Fund and the Insurance Fund shall be deposited in the National Bank of
Pakistan or in such other scheduled bank as may be approved by the Board
for the purpose.
----------------------- Page 1293-----------------------
*[6. Contribution to and benefits from Benevolent Fund.- (1)
Every employee shall make a monthly payment to the Benevolent Fund at
the rate specified in column (3) of the Second Schedule.
(2) The monthly Benevolent grant under section 13 shall be paid in
accordance with the scale specified in column (4) of the Second Schedule].
*[6A. Subscription to and benefits from Group Insurance Fund.-
(1) Every employee shall make a monthly payment to the Group Insurance
Fund at the rate specified in column (3) of the Third Schedule.
(2) A sum specified in column (4) of the Third Schedule shall be
paid to the family of an employee who dies while in service].
7. Payment of subscriptions or premia in default.- (1) Where the
amount of subscription to the Benevolent Fund or the premium to the
Insurance Fund cannot, for any reason, be deducted from the pay of an
employee the employee shall-
(a) in case he is serving abroad, remit the amount to the head of
his department; and
(b) in any other case, remit the amount to the Secretary.
----------------------- Page 1294-----------------------
*
Subs & Ins vide Estt. Division Notification No. S.R.O. 754(1)/88, dated 4-9-1988
(2) In the case referred to in clause (a) of sub-rule (1), the head of
the department, and in the case referred to in clause (b) of sub-rule (1), the
Secretary shall deposit the amount received by him to the credit of the
Benevolent Fund or, as the case may be, the Insurance Fund, in the
National Bank of Pakistan or any other scheduled bank approved by the
Board under rule 5.
(3) Any amount of subscription to the Benevolent Fund or any
premium to the Insurance Fund remaining unpaid due to inadvertence or
negligence of the employee or otherwise shall, upon a direction in writing
of the Board, be deducted, in the case of an employee of an organization,
by the head of the organization, and in any other case, by the Accounts
Officer, from the salary of such employee.
(4) Where the Accounts Officer or the head of the organization, as
the case may be, upon a request being made in writing by the employee
finds that deduction of the amounts remaining unpaid will result in any
hardship to the employee, he may deduct the amount in such number of
installments, not exceeding twelve, as he may decide.
*[8. Medical authority for declaring an employee incapacitated.-
The Medical authority for purposes of clause (a) of section 13 shall be a
Board constituted by the Ministry of Health and consisting of three Medical
Officers one of whom shall be a specialist in the field to which the
incapacity of the employee to be examined relates].
----------------------- Page 1295-----------------------
**9. [ x x x ]
*Subs vide Estt.Division Notification No.S.R.O.94(I)/84 dated 24-1-1984.
**Omitted vide Estt. Division Notification No.S.R.O.754(I)/88 dated 4-9-1988.
10. Nomination of beneficiaries of the benevolent grant and of
the sum assured.- (1) Every employee shall make a nomination conferring
on one or more members of his family the right to receive a specified share
of the benevolent grant or the sum assured that may be payable under
section 13 or section 15.
(2) The employee may provide in the nomination -
(a) that, in the event of any one of the nominees pre-deceasing
the employee, the right conferred upon that nominee under
sub-rule (1) shall pass to such other member or members of
the employee's family as he may specify in the nomination;
and.
(b) that the nomination in respect of all or any of the nominees
shall become void in the event of the happening of any
contingency specified therein
(3) Every nomination shall be in Form "A".
(4) An employee may at any time cancel a nomination made under
sub-rule (1) and make a fresh nomination.
----------------------- Page 1296-----------------------
(5) A nomination under sub-rule (1), or a fresh nomination under
sub-rule (4), made by an employee shall be in triplicate and one copy of the
nomination or, as the case may be, fresh nomination shall be signed by the
head of the office and returned to the employee, one copy shall be placed in
the Confidential Report or, as the case may be, Service Book of the
*
employee and the [third copy shall be placed in the Master Folder to be
maintained by the department concerned].
(6) A nomination under sub-rule (1), or a fresh nomination under
sub-rule (4), made by an employee shall, to the extent it is valid, take effect
on the date on which it is received by the *[department] to whom it is sent
under sub-rule(5).
*Subs vide Estt. Division Notification No. S.R.O.754(I)/88 dated 4-9-1988.
11. Payment of benevolent grant and the sum assured where no
valid nomination subsists.- Where no valid nomination made by the
employee subsists at the time of his death in relation to the whole of the
amount of the benevolent grant and the sum assured or any part thereof, the
whole amount or, as the case may be, the part to which the nomination does
not relate, shall be paid to the member or members of the family of the
deceased employee in the manner hereinafter appearing:-
(a) The Board or an officer authorized by it in this behalf, may
determine the members of the family of the deceased
employee who are eligible to receive the benevolent grant
and the sum assured:
Provided that if the members of the family of the
deceased employee are determined by an officer authorized
by the Board, any member may, within thirty days of such
determination, appeal to the Board.
----------------------- Page 1297-----------------------
(b) If the members of the family of the deceased employee agree
to nominate any one of them to receive the benevolent grant
and the sum assured, the payment shall be made to that
member.
(c) If there is no such agreement, the payment shall be made in
the following manner:-
(i) if the deceased employee is survived by wife or as
the case may be, husband, the benevolent grant and
the sum assured shall be paid to her or, as the case
may be, him; and, in case the deceased employee is
survived by more than one wife, the amount of the
benevolent grant and the sum assured, shall be
distributed between them in the ratio of the number
of members each one of them will maintain:
Provided that the recipient shall undertake to
utilize the amount so received for the maintenance
and benefit of all the members of the family of the
deceased employee;
(ii) if the deceased employee is not survived by wife or,
as the case may be, husband, the amount of the
benevolent grant and the sum assured shall be
distributed amongst the members of the family of the
deceased employee keeping in view the requirement
of each member.
12. Submission of application for benevolent grant, etc.- (1) On
the death of an employee during the continuance of his employment, the
head of the office of such employee shall forward through the head of the
department, an application in Form `B' to the Board for payment of the
benevolent grant and the sum assured.
----------------------- Page 1298-----------------------
(2) When an employee is declared by the medical authority to have
been completely incapacitated physically or mentally to discharge the duties
of his employment and is, for that reason, removed from service, the head
of the office of such employee shall forward, through the head of the
department, an application in Form `B' to the Board for payment of the
benevolent grant.
(3) Upon receipt of an information that a retired employee has died
within the period laid down in rule 9, the head of the office wherefrom such
employee retired shall forward, through the head of the department, an
application in Form `B' to the Board for payment of the benevolent grant.
(4) Upon receipt of an application under this rule, the board shall,
after making such enquiry and taking such evidence in the case of an
application under sub-rule (3) as it may consider necessary, pay the
benevolent grant, or the sum assured, or both as the case may be, to the
person entitled to receive it under section 13, or rule 10, or, rule 11, as the
case may be.
*[13. Life time arrears.- The Benevolent Grant which was not
drawn by the beneficiary during his life shall be paid to his family members
up to Rs 5000 on production of an Indemnity Bond:
Provided that, the total amount exceeds Rs 5000 it shall be paid on
production of a Succession Certificate].
**[14. Neglect of Receipt of Benevolent Grant.
----------------------- Page 1299-----------------------
If the benevolent grant is not drawn for a continuous period of
***[one year] or more, further payment will be stopped and shall be resumed
on obtaining fresh instructions of the Board of Trustees in deserving cases.
*[15. Discontinuance of Grant.- (1) The Benevolent Grant shall be
discontinued if-
(a) an employee retired on medical grounds under clause (a) of
section 13 gets usefully employed or sets up viable business
and his monthly income exceeds @ [Rs 2100;] or
(b) the recipient of the grant ceases to be a member of the
family as defined in sub-section (5) of section 2.
(2) The recipient of grant shall be required to furnish a certificate
every quarter that he has not ceased to be eligible for the grant on account
of marriage, employment or setting up business as the case may be].
*Subs. vide Estt. Division Notification No. S.R.O. 754(I)/88 dated 4-9-1988.
**Added vide Estt. Division Notification No. S.R.O.95(I)/84 dated 24-1-1984.
***Subs vide Estt. Division Notification No. S.R.O.560(I)/86 dated 20-5-1986.
@Revised vide Estt. Division Notification No. S.R.O. 218(1)/96, dated 13-3-1996.
* [16. Monthly Income of the dependent Family Member upto
**[Rs.2100/-] to be Ignored.- A person having a monthly income of
**[Rs. 2100/-] or less ***[may in appropriate cases] be considered to be
----------------------- Page 1300-----------------------
wholly dependent upon the deceased employee.
@[17. Payment of Benevolent Grant to Insane Person.- In case of
insane persons benevolent grant shall be paid to the nominee or in case no
nomination exists through the eligible family member under rule 11 (a).]
@@[18. Exemption of Personal Appearance for Receipt of
Benevolent Grant from Bank: A female grantee not accustomed to appear
in public or any grantee who is unable to appear in consequence of bodily
illness or infirmity may receive his or her monthly benevolent grant through
a representative upon the production of life certificate signed by a Gazetted
officer of Basic Scale 17 or above or by some other well known trustworthy
person].
@@@[19. Payment of grant to an incapacitated or a deceased
employee for the marriage of one daughter:-
A lump sum amount of Rs.5000/- (Rupees five thousand only) shall
be payable to an incapacitated employee or the family member(s) of a
deceased employee who is/are in receipt of a Benevolent Grant on or after
1-1-1995 for the marriage of one daughter, subject to the following
conditions:-
(a) The incapacitated or the deceased employee must be in basic
pay scale 1 to 16 (excluding employees who are in BPS-16
but have been moved to BPS-17).
(b) The marriage of the daughter takes place on or after 1st
January, 1995; and
*Added vide Estt. Division Notification No.S.R.O.95(I)/84 dated 24-1-1984.
** Subs vide S.R.O. No. 218(1)/96, dated 13-3-1996 with effect from 1-1-1996
***Subs vide Estt. Division Notification No. S.R.O. No. 754 (I)/88, dated 4-9-1988
@Subs vide Estt. Division Notification No. S.R.O. 95(1)/84 dated 24-1-1984.
----------------------- Page 1301-----------------------
@@ Added vide Estt. Division Notification No. S.R.O. 1123(1)/84, dated 16-12-1984.
@@@Added vide Estt. Division Notification No. S.R.O. No. 540(1)/96, dated 5-6-1996.
(c) The grant shall be paid on production of a marriage
certificate issued by the competent authority,
within the period of six months from the date
of marriage. A relaxation of six months in the
time period may be sanctioned by the
Managing Director, Federal Employees
Benevolent and Group Insurance Funds.
2. This notification shall be deemed to have been effect from 1st
January, 1995].
*[20. A lump sum payment of Rs.3,500/- shall be made as burial
charges to the bereaved family on the death of an employee if he/she dies
on or after 8-1-1996 while in service or after invalidation/retirement before
attaining the age of seventy years, provided that the deceased was a non-
gazetted employee (BPS 1 to 15) or equivalent as defined in the "Federal
Employees Benevolent Fund and Group Insurance Act, 1969".
2. This notification shall be deemed to have taken effect from 8th
January, 1996].
**[21. Payment of Sum Assured.- The Board shall directly pay to
the family member(s) of a deceased employee, a sum specified in column
(4) of the third Schedule, as sanctioned under section 15 of the Federal
Employees Benevolent Fund and Group Insurance Act, 1969 (II of 1969].
2. This notification shall be deemed to have taken effect from 1st
July, 1995.
**"[22. Medical Incapacitation.- (1) Where a Board, constituted
under rule 8, recommends eighty per cent or more disability for an
----------------------- Page 1302-----------------------
incapacitated employee shall be treated as completely incapacitated
physically or mentally for the purposes of section 13 of the FEBF & GI Act
(II of 1969).
2. This notification shall come into force on 1st January, 1999].
*Added vide Estt. Division Notification No.S.R.O.No.1165(1)/96, dated 2-10-1996(w.e.f. 8-1-1996).
**Added vide Estt. Division Notification No. S.R.O. 1227(1)/98, dated 15-10-1998.
THE FIRST SCHEDULE
[ See Rule 2 (a)]
1. Accountant General, Pakistan Revenues, Islamabad.
2. Accountant General, Pakistan Revenues, Sub-office, Lahore.
3. Accountant General, Pakistan Revenues, Camp Office Karachi.
4. Accountant General, Pakistan Revenues, Sub-office, Karachi.
5. Accountant General, Pakistan Revenues, Sub-office, Quetta.
6. Accountant General, Pakistan Revenues, Camp Office Gilgit.
7. Director Pakistan Post Office Accounts, Lahore.
8. Director Telegraph and Telephones, Accounts, Lahore.
9. Chief Accounts Officer, M/o Foreign Affairs, Islamabad.
10. Directorate of Accounts M/o Food and Agriculture, Karachi.
11. Pakistan Mint, Lahore.
12. Geological Survey of Pakistan, Quetta.
13. Directorate of Accounts National Savings, Rawalpindi.
14. Controller of Military Accounts, Air Force, Peshawar.
15. Controller of Military Accounts, (RC), Rawalpindi.
16. Controller of Military Accounts, (DPP & ISO's), Rawalpindi.
17. Controller of Military Accounts, (FWO), Rawalpindi.
18. Controller of Military Accounts, (DP), Rawalpindi.
19. Controller of Military Accounts, (O), Rawalpindi.
20. Controller of Military Accounts, (LC), Lahore.
21. Controller of Military Pension, Lahore.
22. Controller of Military Accounts, (FC), Lahore.
23. Controller of Military Accounts, (KC), Karachi.
----------------------- Page 1303-----------------------
24. Controller of Naval Accounts, Karachi.
25. Deputy Controller of Military Accounts N.A Gilgit.
26. Controller of Local Audit, Lahore.
27. Military Engineering Services.
28. Controller of Factories Accounts, Wah Cantt.
----------------------- Page 1304-----------------------
THE SECOND SCHEDULE
[See Rule 6]
BENEVOLENT FUND
The rate of contribution to the Benevolent Fund and the amount of
monthly grants payable out of the Benevolent Fund will be as under:
Sl. Monthly Rate of Rate of
No. Pay monthly monthly
contri- Benevolent
bution Grant
1 2 3 4
Rs. Rs.
1. 501 to 600 ........... 11 270
2. 601 - 700 ........... 13 300
3. 701 - 800 ........... 15 330
4. 801 - 900 ........... 17 360
5. 901 - 1000 ........... 19 390
6. 1001 - 1100........... 21 420
7. 1101 - 1200........... 23 450
8. 1201 - 1300........... 25 480
9. 1301 - 1400........... 27 510
10. 1401 - 1500........... 29 540
11. 1501 - 1600........... 31 570
12. 1601 - 1700........... 33 600
13. 1701 - 1800........... 35 630
14. 1801 - 1900........... 37 660
15. 1901 - 2000........... 39 690
16. 2001 - 2100........... 41 720
17. 2101 - 2200........... 43 750
18. 2201 - 2300........... 45 780
----------------------- Page 1305-----------------------
1 2 3 4
19. 2301 - 2400 ........... 47 810
20. 2401 - 2500 ........... 49 840
21. 2501 - 2600 ........... 51 870
22. 2601 - 2700 ........... 53 900
23. 2701 - 2800 ........... 55 930
24. 2801 - 2900 ........... 57 960
25. 2901 - 3000 ........... 59 990
26. 3001 - 3100 ........... 61 1020
27. 3101 - 3200 ........... 63 1050
28. 3201 - 3300 ........... 65 1080
29. 3301 - 3400 ........... 67 1110
30. 3401 - 3500 ........... 69 1140
31. 3501 - 3600 ........... 71 1170
32. 3601 - 3700 ........... 73 1200
33. 3701 - 3800 ........... 75 1230
34. 3801 - 3900 ........... 77 1260
35. 3901 - 4000 ........... 79 1290
36. 4001 - 4100 ........... 81 1320
37. 4101 - 4200 ........... 83 1350
38. 4201 - 4300 ........... 85 1380
39. 4301 - 4400 ........... 87 1410
40. 4401 - 4500 ........... 89 1440
41. 4501 - 4600 ........... 91 1470
42. 4601 - 4700 ........... 93 1500
43. 4701 - 4800 ........... 95 1530
44. 4801 - 4900 ........... 97 1560
45. 4901 - 5000 ........... 99 1590
46. 5001 - and above ........ 100 1620
----------------------- Page 1306-----------------------
*[THE THIRD SCHEDULE
(See rule 6A)
GROUP INSURANCE
The rate of contribution to the Group Insurance Fund and
the amount of sum assured to be paid to the family of an employee, with
effect from first January, 1996, shall be as
under:-
Sl. Monthly pay Rate of Monthly Sum assured
No. (Rs) Contribution(Rs) (Rs)
1 2 3 4
1. Upto 1500 24.50 70,000
2. 1501 2000 29.75 85,000
3. 2001 2500 35.00 100,000
4. 2501 3000 40.25 115,000
5. 3001 3500 45.50 130,000
6. 3501 4000 50.75 145,000
7. 4001 4500 56.00 160,000
8. 4501 5000 61.25 175,000
9. 5001 5500 66.50 190,000
10. 5501 6000 71.75 205,000
11. 6001 6500 77.00 220,000
12. 6501 7000 82.25 235,000
13. 7001 7500 87.50 250,000
14. 7501 8000 92.75 265,000
15. 8001 8500 98.00 280,000
16. 8501 9000 103.25 295,000
17. 9001 9500 108.50 310,000
18. 9501 10000 113.75 325,000
19. 10001 10500 119.00 340,000
20. 10501 11000 124.25 355,000
----------------------- Page 1307-----------------------
21. 11001 11500 129.50 370,000
*Subs vide Estt. Division S.R.O. No.21(1)/96 dated 28-12-1995.
1 2 3 4
22. 11501 12000 134.75 385,000
23. 12001 12500 140.00 400,000
24. 12501 13000 145.25 415,000
25. 13001 13500 150.50 430,000
26. 13501 14000 155.75 445,000
27. 14001 14500 161.00 460,000
28. 14501 15000 166.25 475,000
29. 15001 15500 171.50 490,000
30. 15501 16000 176.75 505,000
31. 16001 & above182.00 520,000]
----------------------- Page 1308-----------------------
FORM `A'
[See Rule 10]
Name and Designation of the employee
Service/Department
I hereby nominate the person/persons mentioned below who is/are
member/members of my family as defined in section 2 of the Federal
Employees Benevolent Fund and Group Insurance Act, 1969 (II of 1969),
to receive the benevolent grant and the sum assured in the event of my
death.
PART I
(For wife/husband only)
Name of nominee/nominees Relationship Age Specification Remarks
of share
PART II
(For members of family other than wife/husband)
Name of nominee/nominees Relationship Age Specification Remarks
of share
----------------------- Page 1309-----------------------
Certified that the member or members of my family mentioned in
Part II reside with me and are wholly dependent upon me.
The earlier nomination made by me may kindly be treated as
cancelled.
( )
Dated
Signature or thumb impression
of the employee
Witnesses:
(Name in block letters)
Service and Department
1.
(Signature/thumb impression)
(Name and Designation in block letters)
2.
(Signature/thumb impression)
(Name and Designation in block letters)
Signature and seal of
the head of the office
FORM `B'
[See Rule 12]
----------------------- Page 1310-----------------------
PART I
1. (a) Name of the deceased/incapacitated employee
(b) Father's/Husband's name
(c) His/her service or department
(d) Head of Office
(e) Station/Place of last posting
2. Pay per month i.e......... a) Basic pay
b) Special pay
c) Technical pay
d) Personal pay
e) Indexation pay
f) ..............
3. Date of Birth
4. Date of entry into service
5. Date of death (death cases only)
6. Date of removal from service on account of
a) Incapacitation
b) Retirement
c) Death during service
7. Name/Names of nominee/nominees (Nomination required both in
death and invalid cases)
Name Age Relationship Profession Marital Monthly
status Income
(a)
(b)
(c)
(d)
----------------------- Page 1311-----------------------
(e)
(f)
8. Address of nominee(s) of the deceased or incapacitated employee where
correspondence can be made. (In death cases where there is no nomination
similar particulars of eligible dependent may be given).
9. Branch of National Bank of Pakistan nearest to the residence of
beneficiary/beneficiaries.
10.Period for which contributions to Benevolent and Group
Insurance Funds were not paid
PART II
11.Following Documents must be submitted with Claim:
(a) Annex "A".- A copy of last pay certificate by the Head of the
Office duly attested by the Head of Department.
(b) Annex "B".- Attested photostat copy of the page of service
book/document showing date of birth.
(c) Annex "C".- Attested photostat copy of the page of service book
showing date of entry in service.
(d) Annex "D".- (Death cases only). Three copies of death certificate
duly attested. These may be in the form of office order notifying the
death, certificate by a medical officer or extract from the register of
births/death of Union Council/ Union Committee/Municipal
----------------------- Page 1312-----------------------
Committee.
(e) Annex "E".- (Invalid Cases) A copy of the Medical Board
proceedings duly attested by the Head of the Department. Medical
Board must comprise of three Medical Officers one of them being a
specialist. Medical Board proceeding must record the case history
and the exact nature of disability. (See Part IV).
(f) Annex "F".- Nomination form duly attested.
(g) Annex "G".- List of family members and dependents i.e wife/wives,
children, father, mother, minor brothers and unmarried/divorced
sisters. The list should indicate name, relationship, age, marital
status, profession, monthly income and present address.
(h) Annex "H".- Wholly dependence certificate (other than wife and
husband) by the Head of Department.
(i) Annex "I".- Envelop containing four copies of photographs duly
attested in respect of each nominee or the incapacitated employee
bearing the name of the person on the reverse of three photos and
one on the face. In case of purdah observing ladies, photographs
will not be required. A certificate that they are purdah observing
must be attached.
(j) Annex "J".- Four signatures/thumb impressions on separate sheets
(four on each sheet) of each nominee/dependents/ incapacitated
employee duly attested by the competent authority.
PART III
CERTIFICATES BY THE HEAD OF DEPARTMENT
1. Certified that the information contained above is correct according
----------------------- Page 1313-----------------------
to our record.
2. Certified that the above named employee is/was neither a
contingency work charged employee nor a deputationist from any
provincial Government (In case of a deputationist from one Federal
Government Department to another, the case will be preferred by
his parent Department).
3. Certified that the employee died during the continuance of his
service (death cases only).
4. Certified that the employee died after retirement before attaining the
age of seventy years (death after retirement cases only).
5. Certified that the above claim has been preferred for the first time
and has not been sent previously.
N.B.- Score out which is not applicable.
Dated:
Seal & Signature
Head of the office
Forwarded to the Assistant Director, Regional Board, Federal Employees
Benevolent and Group Insurance Funds, Karachi/Islamabad.
Dated:
Seal & Signature
Head of the Department
PART IV
----------------------- Page 1314-----------------------
INVALIDATION CERTIFICATE FEDERAL EMPLOYEES
See CSR Articles 442 (d),(e),443(a),(b)&(c) and 447
1. Important Instructions
(a) All columns must be typed.
(b) All columns must be filled. Those not applicable must be
crossed.
(c) Head of the Department is personally responsible for
accurate completion of this form.
(d) An individual will not be removed from service until Head
of the Department has approved the Medical Board
proceedings.
(e) Medical Board must comprise three members one being a
Specialist.
Name S/o,D/o,W/o,
Designation Office
Department Total service
Age:Per statement/documents per appearance
Identification marks
Left hand thumb impressions/signatures duly attested.
Opinion: (A detailed statement of medical case, and of the treatment
adopted as per CSR 443 (a). If necessary attach documents).
----------------------- Page 1315-----------------------
2. Opinion of the Medical Board
In consequence of
We consider him/her (name)
a) To be completely and permanently incapacitated for further
service of any kind.
b) Completely and permanently incapacitated for service in the
Department to which he/she belongs.
c) Incapacitated for service in the appointment which he now
holds but we are of the opinion that he/she is (or may after
resting for months be) fit for further service of less
laborious character than that which he/she has been doing.
d) His/her degree of disability
e) His/her incapacity does/does not appear to have been
caused/aggravated or accelerated by irregular or intemperate
habits.
Dated:
Preside
nt
(Name,
signature & seal)
Member Member
(Name,Signature & Seal) (Name,Signature & Seal)
APPROVED/NOT APPROVED
----------------------- Page 1316-----------------------
(For partial disability See CSR Article 447 (b). If a person is likely
to improve after a certain period he may be given long leave admissible to
him instead of invaliding him out of service.
Place
Dated
HEAD OF DEPARTMENT
(Name, Signature and Seal)
(12) The aforesaid amendments in the Federal Employees
Benevolent Fund and Group Insurance Rules, 1972 will take effect from 4th
September, 1988.
Secretary
Administrative instructions relevant
to the Federal Employees Benevolent
Fund and Group Insurance Act and the
Rules made thereunder
Sl. No. 3
Deductions in pursuance of the Federal Employees Benevolent Fund
and Group Insurance.- All the provisions of the Federal Employees
Benevolent Fund and Group Insurance Act, 1969 have come into force as
from the 3rd April 1969, in respect of all employees as defined in that Act
except the employees in the civil armed forces. It is, therefore, necessary
that the deductions on account of subscriptions to Benevolent Fund and
premia for Insurance Fund should be started from the salaries of all affected
employees for the month of April 1969, payable on the 1st May, 1969.
----------------------- Page 1317-----------------------
2. The monthly rates of subscriptions to the Benevolent Fund and
premia to the Insurance Fund have been prescribed as follows for the
present:-
*
(a) Federal Employees Benevolent Fund.- [Two per cent of the
pay (maximum Rs 100] as defined in the aforesaid Act.
*
(b) Federal Employees Insurance Fund.- [1.05 + 11.375 per
cent of pay (maximum Rs 182).]
3. The government of Pakistan has been pleased to decide that
insurance premia on behalf of all non-gazetted employees shall be paid by
the Government itself to the Board of Trustees of the Insurance Fund.
4. The procedure for collection and accounting of subscriptions and
premia to the Benevolent and Insurance Funds has been laid down in the
Ministry of Finance letter No.F.6-11/69-B.III, dated the 12th April, 1969,
addressed to the Comptroller and Auditor General of Pakistan, (Annexure).
According to the procedure two new Forms TR-55 (Small) for Gazetted
Employees and TR-55-A (Large) for Non-Gazetted Establishment have
been introduced to account for subscriptions and premia to these Funds. As
gazetted officers are self-drawing officers the deductions toward the Federal
Employees Benevolent Fund and Insurance Fund shall be made by the
officers themselves from their pay- bills. In the case of non-gazetted
establishment, the Drawing and Disbursing Officer shall make deductions
from the establishment
*Subs vide Finance Division Letter No.14/7/Admn-BT dated 15-9-1988.
pay bills in respect of Benevolent Fund only. However, the amount which
----------------------- Page 1318-----------------------
is to be contributed by Government to the Insurance Fund on account of
premia for its non-gazetted employees shall also be worked out and shown
in the relevant columns of Form TR 55-A (large) which is to be attached
with establishment pay bills. The Drawing and Disbursing Officers shall
make sure that the amounts pertaining both to non-gazetted employees'
subscriptions to the Benevolent Fund and Government's contribution of
premia to the Insurance Fund shown in the schedule in Form TR 55-A
(Large) attached to establishment pay bills are correct in all respects.
Column 1 of TR Forms 55 and 55-A and space for Code No. of Drawing
and Disbursing Officer in TR 55-A may be left blank for the present.
Entries therein should be made when Identification and Code Numbers are
communicated in due course.
5. It is requested that necessary instructions on the above lines may
kindly be issued to all concerned so that deductions in pursuance of the
Federal Employees Benevolent Fund and Group Insurance Act, 1969 may
be made without fail from the pay bills of Federal Government employees
for the month of April, 1969 payable on the 1st of May, 1969.
6. This office Memorandum has been issued with the concurrence
of the Ministry of Finance vide their U.O No 686-B/69, dated the 12th
April, 1969.
[Authority.- Estt. Division O.M. No. 6/3/69-O&M (RP)-AI, dated 12-4-1969].
ANNEXURE
Copy of Ministry of Finance letter No. F.6-11/69-B.III dated the
12th April, 1969.
SUBJECT.- Federal Employees Benevolent Fund and Insurance Fund --
Procedure for collection and accounting of subscriptions and
premia.
I am directed to refer to the correspondence resting with your u.o
----------------------- Page 1319-----------------------
No. 497-Pro.II/124, dated 5th April, 1969, on the subject mentioned above
and to convey the approval of the Government of Pakistan to the following
basic procedure being observed for the collection and accounting of
subscriptions to and premia for the Federal Employees' Benevolent Fund
and Insurance Fund:-
(i) In the case of gazetted officers the deductions towards
Federal Employees Benevolent Fund and Insurance Fund
shall be made by officers themselves from their pay bills. A
schedule in Form TR 54-A showing the deductions made
shall be prepared in triplicate. Two copies of the schedule
shall be attached to the pay-bill and the third copy shall be
retained by the Administrative Department as office copy
with the pay bill.
(ii) In the case of non-gazetted establishment the Drawing and
Disbursing Officer shall make deductions from the
establishment pay bills in respect of Benevolent Fund only.
A schedule in Form TR 54-B shall be prepared in triplicate.
Two copies of the schedule shall be submitted with the
establishment pay bill and the third copy shall be retained
with the office copy of the bill.
(iii) No deductions on account of premia of Federal Employees
Insurance Fund shall be made from the salaries of the non-
gazetted establishment because it has been decided that
insurance premia on behalf of the all non-gazetted
employees shall be paid by Government itself to the Board
of Trustees of the Insurance Fund. However, the amount
which is to be subscribed by Government on that account
shall be worked out according to the prescribed rate and
shown in the relevant columns of Form TR 54-B referred to
in the preceding sub-para.
----------------------- Page 1320-----------------------
iv) The Treasury Officer/Accounts Officer (in the case of pre-
audited bills) and officers empowered to order payment of
salaries in Post Office and T&T Departments shall check
that the amount of deductions shown in the schedules tally
with the amounts so included in the pay bills of the officers
and the establishment pay bills of non-gazetted employees.
In token of this check they shall affix their signatures on
both copies of the certificates printed at the foot of the
Forms TR 54-A and 54-B.
(v) By 10th day of the month, the Treasury Officer/ Accounts
Officer/Deputy Comptroller of Posts,
Telegraphs and Telephones, Lahore and
other officers authorised to order payment of
salaries of employees of Post Offices and
T&T Departments shall pass on the first copy
of the certified schedule with proper covering
lists to the branches of the National Bank of
Pakistan at their respective stations, which
will work as bankers and representatives of
the Board of Trustees of the Federal
Employees Benevolent and Insurance Funds.
vi) Treasury Officers and other officers who are required to
submit monthly accounts to Accounts Offices will pass on
the second copy of the certified schedules to the Accounts
Offices concerned.
vii) After receipt of the monthly accounts from the treasuries
together with the certified copies of the schedules, the
Accounts Offices shall credit the deductions on account of
Benevolent Fund and Insurance Fund in respect of Gazetted
employees and on account of Benevolent Fund in respect of
non-gazetted employees to the deposit heads indicated
----------------------- Page 1321-----------------------
below:-
Benevolent Fund.- Cr. Minor Head "Federal Employees
Benevolent Fund" in section P-Deposits Advances - Part II-
Deposits not bearing Interest-(C) Other Deposit Accounts -
Other Accounts.
Insurance Fund.- Cr. Minor Head "Federal Employees
Insurance Fund" in section P-Deposits and Advances-Part II-
Deposits not bearing Interest-(C) Other Deposit Accounts-
Other Accounts.
The Accounts Offices shall also furnish a consolidated
statement of receipts in respect of each Fund to the Board of
Trustees.
viii) Every Audit Officer will authorise every month the State
Bank of Pakistan to pay to the National Bank of Pakistan as
bankers of the Board, the amounts recovered and accounted
for by them (ie. exclusive of Government's contribution
pertaining to non-gazetted employees) in respect of
Benevolent Fund and Insurance Fund by debiting the same
to the respective deposit heads mentioned in sub-para (vii)
above in the Federal Government's accounts. This means
that the above mentioned deposit accounts will be cleared at
regular monthly intervals so that the balances in these
deposit accounts at the close of the financial year are nil.
ix) For claiming payment of the Federal Government's
contribution to the Insurance Fund in respect of non-gazetted
Federal employees, the Board of Trustees of the Fund will
prepare, from the schedules received by the National Bank
of Pakistan in accordance with sub-para (v) above, a bill for
the amount due and submit it to the concerned Accounts
----------------------- Page 1322-----------------------
Offices for getting payment. The bills on payment shall be
debited to the detailed head "Contributed to the Federal
Employees Insurance Fund in respect of non-gazetted
employees" under the head "57-Miscellaneous -
Miscellaneous and Unforeseen Charges" and will be
accounted for in the grant "Other Expenditure of the
Establishment Division" under a distinct sub-head of same
nomenclature.
----------------------- Page 1323-----------------------
FORM T.R 54-A
(For Gazetted Employees)
(See Rule 604)
SCHEDULE OF FEDERAL
EMPLOYEES BENEVOLENT FUND AND INSURANCE FUND DEDUCTIONS
Office of the
Schedule of deductions for the month of 2000
Federal Employees Benevolent Federal Employees Insurance
Fund Fund
Identification Name of the employee Pay
Reasons for variation
No. Amount Variation from
Amount Variation from
realised previous month realised
previous month
if any(-) if
any(-)
Rs. Rs. or (+) Rs. or
(+)
1
2 3 4 5 6 7
8
Signature...................
----------------------- Page 1324-----------------------
Date............................................... Designation.................
FOR USE IN TREASURY/ACCOUNTS OFFICE
Certified that the deductions shown in the above schedule in respect of Benevolent Fund and Insurance Fund tally with the amounts so
included in the Pay Bill of the employee.
Treasury Officer/Disbursing Officer
Date............... Accountant General/Comptroller
----------------------- Page 1325-----------------------
FORM T.R 54-B
(For Non-gazetted
Establishment)
See Rule 604)
SCHEDULE OF FEDERAL
EMPLOYEES BENEVOLENT FUND AND INSURANCE FUND DEDUCTIONS/SUBSCRIPTIONS
Office of the ..........................................................................................................................(Code No. of Drawing and
Disbursing Officer.)
Schedule of deductions/subscription for the month of
..............................................................................................................................2000
Federal Employees Benevolent Federal Employees Insurance
Fund Fund
Identification Name and Designation Pay
Reasons for variation
No. of employee Amount Variation from Amount to
Variation from
Rs. realised previous month be subscribed
previous month
if any(-) by Government if any(-)
Rs. or (+) for non-gazetted or (+)
employees
1
2 3 4 5 6 7
----------------------- Page 1326-----------------------
8
Signature...................
Designation.................
Date............... (Drawing and Disbursing Officer)
----------------------- Page 1327-----------------------
Sl. No. 4
Instructions regarding nomination Forms.- The matter regarding
filling of nomination forms by the Federal Employees came under
discussion in the meeting of the Board of Trustees held on 5th June, 1971.
2. It was pointed out that instructions issued by the Board for
acknowledging the receipt of nomination forms of the employees do not
meet the requirements. It was also pointed out that the Accounts Officers
were receiving a copy of nomination form of the employees under the new
instructions. As the Accounts Officers are not concerned with settlement of
claims, it was stated that the filling of one form with them was unnecessary.
3. It was, therefore, decided that nomination forms under Federal
Employees Benevolent and Group Insurance Act of 1969, should continue
to be filed in triplicate. One copy should be signed by the Head of the
Office and returned to the employee; one should be placed in CR/Service
Books of the gazetted and non-gazetted employees respectively and one
should be sent to the Director, Regional Board, in whose jurisdiction an
employee is serving.
4. This supersedes all previous instructions.
[Authority.- Estt. Division O.M.No.1(4)-BT-A/RP/70 dated 24-8-1971].
Sl. No. 5
According to the Establishment Division O.M. No. 1(4)BT-
A/RP/70, dated the 24th August, 1971 one copy of the nomination forms
duly signed by the Head of the Office is to be returned to the employee, one
to be placed in the CR/Service Book of the gazetted/non-gazetted
employees respectively and one to be sent to the Director, Regional Board
in whose jurisdiction an employee is serving. The following questions have
been raised by certain Ministries/Divisions:-
----------------------- Page 1328-----------------------
(1) One copy of the nomination form is to be sent to the
Regional Board concerned for record. Difficulty will arise in
the case of employees who are liable to be transferred
throughout Pakistan and where transfers are frequent. It is
for consideration whether the forms will have to be
transferred to the region where the individual is transferred
or these are to be kept by the Regional Board which
originally received them.
(2) Under the revised orders, one copy of the nomination forms
in respect of gazetted officers is required to be placed in the
ACR dossier. In the case of CSS Officers and Economic
Pool Officers whose CR Dossiers are maintained in
duplicate, it is not clear whether the Forms is to be kept in
the original or the duplicate file.
The position is clarified as under:-
(a) As regards (1) above, the forms should remain with
the Regional Board who originally received. These
can be collected when need arises. One copy of
forms will remain with the Department and as there
would be three copies no such difficulty is
anticipated in their location.
(b) Regarding(2) above, nomination form be kept by the
Ministry concerned who has to process the case.
[Authority.- Estt. Division O.M. No. 1 (4) BT-A/RP/70, dated 28-2-1972].
Sl. No. 6
----------------------- Page 1329-----------------------
Submission of applications for Benevolent Grants.- It has been
noticed that applications for the sanction of benevolent grant and sum
assured are not being properly completed by the Heads of the
Offices/Departments concerned, which results in delay in the disposal of
cases. This causes hardship to the beneficiaries.
2. According to rule 12 of the CEBF & GI Rules, 1972, the head of
an Office of the employee shall forward through the Head of the
Department, an application in Form `B' to the Director, Regional Board,
Rawalpindi or Karachi as the case may be, upon his death during
continuance of employment or within five years of retirement and when he
is declared by the prescribed medical authority to have been completely
incapacitated physically or mentally to discharge the duties of his
employment and is, for that reasons, removed from service. All the
columns of the form are to be completed and the following documents are
also required to be furnished with the Form:-
(1) Certificate of the Head of the Department regarding the pay
of the employee at the time of his death and incapacitation.
(2) Three copies of the certificate from the Head of the
Department or Medical Officer or extract from the Register
of birth/death of Union Council/Union
Committee/Municipal Committee in support of the date of
death.
(3) Copy of Nomination Form.
(4) Four copies of duly attested photographs of each nominee/or
the incapacitated employee.
(5) Four signatures/thumb impressions on separate sheet (four
on each sheet) of each nominee/ incapacitated employee duly
attested.
----------------------- Page 1330-----------------------
(6) In case of incapacitated, employee, a certificate in original
from the Medical Authority and a copy of the order
removing/retiring the incapacitated employee.
3. Heads of Offices/Departments while signing the application form
will please ensure that it is properly completed in all respects and all the
requisite documents are sent alongwith it.
[Authority.- Board of Trustees,CEB & IF letter No.7-16/71-BT, dated 5-9-1972].
Sl. No. 7
Determination of Benevolent Grant on the basis of pay last drawn.-
In case of retired Government servants who die before the age of sixty
years, the Federal Government Employees Benevolent Fund and Group
Insurance Act, 1969 (II of 1969), provides for the sanction of Benevolent
Grant under section 13. A retired Government servant receives pension
and not pay. The term pay as defined in the Act does not include pension.
A question was raised as to whether the Benevolent Grant should be
determined on the basis of the pay last drawn or the pension. On a
reference being made to the Law Division it has been confirmed that in
such cases, the Benevolent Grant payable under section 13 of the Act will
not be on the basis of pension which is not pay, but on the basis of the pay
last drawn.
[Authority.- Board of Trustees, CEB & IF letter No. 1/1I/BT/RP/71, dated 15-1-1972].
CHAPTER XII
----------------------- Page 1331-----------------------
APPEALS, PETITIONS AND
REPRESENTATIONS
( 1091 - 1092 )
----------------------- Page 1332-----------------------
APPEALS, PETITIONS AND REPRESENTATIONS
Civil Servants (Appeal)
Rules, 1977
Sl. No. 44:
In exercise of the powers conferred by section 25 of the Civil Servants Act,
1973 (LXXI of 1973), the President is pleased to make the following rules, namely:–
1. (1) These rules may be called the Civil Servants (Appeal)
Rules, 1977.
(2) They shall come into force at once.
2. In these rules unless there is anything repugnant in the subject or
context,–
*[(a) Appellate authority means.–
(1) in cases relating to discipline.–
(i) where the order is made by the authorised officer, the
officer designated as authority under the
Government Servants (Efficiency and
Discipline) Rules, 1973.
(ii) **[where the order is made by the officer, designated as
authority under the rules specified in paragraph (1), the
officer or authority next above the authority; and].
(iii) where the order is made by the Prime Minister, the
President; and
(2) in other cases, the officer or authority next above the
authority against whose order the appeal is preferred and where the
order is made by the Prime Minister, the President; and]
----------------------- Page 1333-----------------------
(b) *[ ]
(c) "penalty" means a penalty provided for in the Government Servants
(Efficiency and Discipline) Rules, 1973.
*Subs. and omitted vide Establishment Division Notification S.R.O.No.178(1)/99, dated 24-3-1999.
**Subs vide Establishment Division Notification SRO No.335(I)/2000, dated 14-6-2000.
3. Every civil servant shall be entitled to appeal, to the appellate authority
from an order passed by an authority *[or an authorized officer] imposing upon him
any penalty:
Provided that, where the penalty is imposed by an order of
the President, the civil servant shall have no right to appeal but he
may apply for review of the order.
4. (1) A civil servant shall be entitled to appeal to the appellate authority
from an order passed by an authority which–
(a) alters to his disadvantage, his conditions of service, pay,
allowances or pension; or
(b) interprets to his disadvantage the provisions of any rules whereby
his conditions of service, pay, allowances or pension are regulated;
or
(c) reduces or withholds the maximum pension, including an additional
pension, admissible to him under the rules governing pensions; or
(d) terminates his employment or gives notice of such termination
otherwise than–
i) on his reaching the age of superannuation, or
ii) in accordance with the pro-visions of the Civil Servants Act,
1973 (LXXI of 1973);
Provided that a person appointed by the President shall have no right to
appeal from an order passed by the President, but he may apply for review of the
order:
Provided further that no appeal or review shall lie on matters relating to the
determination of fitness of a person to hold a particular post or to be promoted to a
higher post or grade.
----------------------- Page 1334-----------------------
(2) A member of an All-Pakistan Unified Grades serving under a Provincial
Government may appeal, from the order of the Provincial Government, to the
President.
(3) A civil servant appointed by the President may appeal to the President from
an order passed by an authority subordinate to the President.
*Amended vide Establishment Division Notification No.3/7/79-DI, dated 28-1-1981.
5. (1) Every person preferring an appeal should do so separately and in his
own name.
(2) Every appeal preferred under these rules shall contain all material
statements and arguments relied upon by the appellant, shall contain no
disrespectful or improper language, and shall be complete in itself.
(3) Every appeal shall be submitted through the Head of the office to
which the appellant belongs or belonged, and through the authority from whose
order the appeal is preferred.
(4) Every appeal shall be submitted within a period of thirty days of the
communication of the order appealed against.
6. (1) In the case of an appeal under rule 3, the appellate authority shall
consider–
(a) Whether the facts on which the order appealed against was based
have been established;
(b) Whether the facts established afford sufficient ground for taking
action; and
(c) Whether the penalty is excessive adequate, or inadequate, and,
after such consideration shall confirm, set aside or modify the
previous order,*[and the appellant shall be informed of the reasons
for passing such order].
(2) In the case of an appeal under rule 4, the appellate
----------------------- Page 1335-----------------------
authority shall pass such order as, having regard to all
circumstances of the case, appears to it just and equitable.*[and the
appellant shall be informed of the reasons for passing such order].
(3) The authority from whose order an appeal is preferred under these rules
shall give effect to any order made by the appellate authority.
7. (1) An appeal may be withheld by an authority not lower than the
authority from whose order it is preferred if:–
(a) it is an appeal in a case in which no appeal lies under these rules;
or
(b) it does not comply with the provisions of sub-rule (1), (2) or
(3) of the rule 5; or
*Added vide Establishment Division Notification S.R.O. No.582 (1)/93, dated 26-6-1993.
(c) it is not preferred within the time specified in sub-rule (4) of rule 5
and no reasonable cause is shown for the delay; or
(d) it is addressed to an authority to which no appeal lies under these
rules; or
*[(e) it is a repetition of a previous appeal and is made to the same
appellate authority by which such appeal has been decided, and
no new facts or circumstances are adduced which afford grounds
for a reconsideration of the case]:
Provided that in every case in which an appeal is withheld,
the appellant shall be informed of the fact and the reasons for it:
Provided further that an appeal withheld on account only of failure to comply
with the provisions of sub-rule (2) or (3) of rule 5 or clause (d) may be resubmitted
within one month of the date on which the appellant is informed of the withholding of
the appeal and, if resubmitted in a form which complies with those provisions or is
----------------------- Page 1336-----------------------
addressed to the proper appellate authority, as the case may be, shall not be
withheld.
(2) No appeal shall lie against the withholding of an appeal by an authority
competent to do so.
8.(1) Every appeal which is not withheld under these rules shall be
forwarded to the appellate authority with an expression of opinion by the authority
from whose order the appeal is preferred.
(2) Every appeal by a civil servant serving under a Provincial Government
or a local authority, which is not withheld under these rules shall be forwarded by the
Provincial Government or the local authority to the Federal Government with an
expression of its opinion.
(3) A list of appeals withheld under rule 7, with reasons for withholding them
shall be forwarded quarterly by the with-holding authority to the appellate authority.
(4) An appellate authority may call for any appeal admissible
under these rules which has been withheld by a subordinate
authority and may pass such orders thereon as it considers fit.
*Added vide Establishment Division Notification No. 5/l/81-R.I., dated 26-12-1981.
9. (1) Nothing in these rules shall operate to deprive any person of any right
of appeal which he would have had if these rules had not been made, in respect of
any order passed before they came into force.
(2) All appeals pending immediately before the coming into force of these
rules shall be deemed to be appealed under these rules.
10. The Civil Services (Classification, Control and Appeal) Rules, 1930, are
hereby repealed, but the repeal thereof shall not affect any action taken or anything
done thereunder.
[Authority.–Establishment Division Notification S.R.O. No. 54(I)/77, dated 17-1-1977].
Guidelines for Submission of
----------------------- Page 1337-----------------------
Appeals/Representations to
the Chief Executive/President
Sl. No.45:
It has been observed that Ministries/Divisions/Departments
generally do not forward to the Establishment Division complete/
comprehensive references on the appeals/representations filed by the
aggrieved Civil Servants before the Chief Executive/President, for orders
in the capacity of the Appellate Authority. It results in back-referencing
and inordinate delay in processing/finalization of such cases.
2. In order to facilitate objective analysis and speedy
disposal, the appeals/representations preferred by the Civil Servants
under the Civil Servants (Appeal) Rules, 1977, or Section 9 of the
Removal from Service (Special Powers) Ordinance, 2000, as the case
may be, should invariably be submitted in the form of self contained
Summary supported by copies of the following essential documents as
annexures:–
(i) charge sheet;
(ii) reply of the accused to the charge sheet;
(iii) inquiry report;
(iv) Show Cause Notice;
(v) reply of the accused to the Show Cause Notice;
(vi) recommendations/order of the Authorized Officer or the
Authority, as the case may be, regarding the imposition of
penalty upon the accused;
(vii) notification of the penalty;
(viii) appeal/representation (in original) alongwith its enclosures;
and
----------------------- Page 1338-----------------------
(ix) detailed parawise comments of the concerned
Ministry/Division/Department on the appeal/representation, in
juxtaposition as per prescribed format, annexed herewith.
2. All Ministries/Divisions/Departments and Provincial
Governments are requested to bring these guidelines to the notice of all
concerned for guidance/compliance.
[Authority.–Establishment Division O.M.No.5/4/94/Rev/D.3 dated 19-9-2001].
PARAWISE COMMENTS ON THE APPEAL SUBMITTED
BY…………..……….
(NAME, DESIGNATION, OFFICE, BPS), AGAINST MINOR/MAJOR
PENALTY
OF ………………………………………………………………………….…………….
Sl. Contention of the accused Comments of the Comments to be offered by
No. (Relevant paras in appeal to Ministry/Division/ Establishment Division.
be reproduced. Department.
1 2 3 4
Submission and Transmission
of Petitions (on service matters)
to the President
Sl. No. 2
----------------------- Page 1339-----------------------
The following instructions for the submission, receipt and
transmission of petitions to the President are published for general
information in supersession of all previous orders on the subject:-
PART I.- PRELIMINARY
1. Definitions.- In these instructions:-
(1) "Provincial Government" includes the authorities
mentioned in the Schedule to these instructions; and
(2) "Petition" includes memorials, letters and applications of
the nature of petitions.
2. Scope of instructions:-
(1) Save as hereinafter provided, these instructions shall
apply so far as may be, to all petitions addressed to the
President by persons who are, or have been, members
of an All Pakistan Service or of a Civil Service of the
Centre or who hold, or have held, a civil post in
connection with the affairs of the Centre or a civil post
where appointment is made by or with the approval of
the President, in respect of matters arising out of such
employment or in respect of termination of such
employment.
(2) Notwithstanding anything contained in clause (1), the
instructions shall not apply to persons who are, or have
been, civilian employees in the Defence Services, nor
shall they affect any rules or orders made by competent
authority in respect of representations submitted by
recognized associations of Government servants.
PART II.- FORMS AND MANNER OF SUBMISSION OF
----------------------- Page 1340-----------------------
PETITIONS
3. Form of Petition.-
(1) A petition may be either in typescript or in print.
(2) Every petition shall be authenticated by the signature of
petitioner, and submitted by the Petitioner in his own
behalf.
(3) Every petition, and the document accompanying it, shall
be in English or accompanied by a translation into
English.
4. Contents of Petition.- Every petition shall -
(1) contain all material statements and arguments relied
upon by the petitioner;
(2) be complete in itself;
(3) if any recorded order of a public authority is complained
against, be accompanied by a copy of the order and by
a copy of any order in that case passed by a
subordinate authority; and
(4) end with a specific prayer.
5. Method of submission.- (1) Every petition shall be
submitted through -
(a) the Provincial Government mentioned in the Schedule
in respect of the petitioner; or
----------------------- Page 1341-----------------------
(b) if no Provincial Government is mentioned in the
Schedule in respect of the petitioner, the Provincial
Government of the Province in which the petitioner is or
has last been residing or employed, and shall be
accompanied by a letter requesting the Provincial
Government to transmit the petition to the President.
(2) If there is no Provincial Government within the meaning of
clause (1), the petition shall be submitted to the President direct.
6. (1) Every petition shall be submitted through the superiors
under whom the petitioner is serving, or if he has left the service,
under whom he last served before leaving.
(2) The superiors, on receipt of any petition submitted through
them in accordance with clause (1), shall forward the petition through
the proper official channel to the authority provided in paragraph 5.
PART III.- WITHHOLDING OF PETITIONS BY THE
PROVINCIAL GOVERNMENTS
7. Circumstances in which Petitions may be withheld.- The
Provincial Government may, at discretion, withheld a petition when:-
(1) the petitioner has not complied in full with the provisions
of Part II of these instructions;
(2) the petition is illegible or unintelligible or contained
language which is, in the opinion of the Provincial
Government, disloyal, disrespectful or improper;
(3) a previous petition from the petitioner on the same
subject has been disposed of by the President and the
petitioner, in the opinion of the Provincial Government,
discloses no new facts or circumstances which afford
----------------------- Page 1342-----------------------
grounds for a reconsideration of the subject;
(4) the petition is a representation against a decision which
is declared to be final by any law or statutory rule;
(5) the petition is:-
(a) an application for employment in Government
service not made in pursuance of any rule or
announcement regarding applications for such
employment; or
(b) a request for exemption from the provisions of
any law or rule prescribing qualifications to be
possessed by persons in the service of
Government or by persons engaging in any
profession or employment;
(6) the petition relates to a subject on which the Provincial
Government is competent to pass orders, and no
application for redress has been made to the Provincial
Government by the petitioner;
(7) the petition is a representation against an order
communicated to the petitioner more than six months
before the submission of the petition, and no
satisfactory explanation of the delay is given;
(8) the petition is representation against a failure to
exercise a discretion vested in the Provincial
Government:
Provided that no petition which is a
representation against such failure and is submitted by
----------------------- Page 1343-----------------------
an officer appointed by the President or by an Officer
appointed substantively to a listed post, shall be
withheld;
(9) the petition is a representation against the discharge of
a person -
(a) appointed on probation, during such probation;
(b) appointed, otherwise than under contract, to hold
a temporary appointment, or the expiration of the
period of such appointment; or
(c) engaged under contract, in accordance with the
terms of such contract;
(10) the petition is a representation against the reduction to
a lower post of a person promoted to a post on
probation, during such probation;
(11) the petition is a representation against an order -
(a) from which the petitioner has exercised, or
possesses a right of appeal under -
(i) rules or orders regulating his conditions of
service; or
(ii) the terms of his contract of service;
(b) passed by any authority in the exercise of
appellate or revisional powers conferred by any
rule or order regulating his conditions of service
or by any term of his contract of service such as
----------------------- Page 1344-----------------------
is referred to in sub-clause (a); or
(c) from which, not being an order of punishment
passed by the President on an officer appointed
by the President, an appeal is expressly barred
by any rule, order or contract such as is referred
to in sub-clause (a);
(12) the petition is a representation relating to:-
(a) the application of -
(i) rules or orders made by the President; or
(ii) the terms of the contract of service of the
petitioner; or
(b) an order of the Provincial Government refusing
to grant or to recommend -
(i) a special pension;
(ii) a compassionate pension; or
(iii) any pecuniary or other concession to
which the petitioner is not entitled under
any law or statutory rule:
Provided that no petition which is representation
relating to the application of the rules, orders or
terms of the contract of service referred to in
sub-clause (a) or to an order referred to in
sub-clause (b), and is submitted by an officer
appointed by the President or by an officer
----------------------- Page 1345-----------------------
appointed substantively to a listed post, shall be
withheld;
(13) the petition is submitted, otherwise than in accordance
with any rule, order or contract such as is referred to in
sub-clause (a) of clause (11) with regard to the
prospective claim of the petitioner to pension;
(14) the petition is a representation against the withholding
of the petition by an authority competent to do so; *[ ]
(15) the petition is submitted by a member of an All-Pakistan
Service serving in connection with the affairs of a
Province, against the orders of the Provincial Governor
in matters relating to transfer, promotion etc., on which
*
he is competent to pass orders [;or]
*[(16) after examination, in consultation with the **[ ] the Law
Division and/or the Ministry of Finance, where
necessary, it is unanimously agreed between the
Ministry/Division etc., in Provincial Governments and
the Establishment Secretary that prayer is not covered
by the existing rules/ instructions];
**
[(17) the petition is a representation relating to the expunction
of adverse remarks in the Confidential Report of the
person concerned].
8. Petitioner to be informed when petition is withheld.- The
Provincial Government shall, when it withholds a petition under
paragraph 7, inform the petitioner of the
withholding and the reason therefor.
*9. List of petitions withheld.- (1) The Provincial Government
----------------------- Page 1346-----------------------
shall send a quarterly return to the President in the months of
January, April, July and October each year, specifying all petitions
from officers serving under, or under the rule making control of the
authority or an authority subordinate thereto withheld under paragraph
7 and the reasons for withholding them.
(2) The President may call for any petition specified in the
quarterly return mentioned in clause (1), together with full facts of and
all the papers relevant to the case to which the petition relates.
*
`Or' Omitted and added vide Estt.Division Notification No.12/3/57-F1,dated 5-11-1970.
**
"CPSC" Omitted and added vide Estt. Division Notification No.12/3/57-F1,dated 11-2-1974.
----------------------- Page 1347-----------------------
PART IV.- TRANSMISSION OF PETITIONS BY THE
PROVINCIAL GOVERNMENT
10. Procedure for Transmission.- The Provincial
Government shall transmit within two months of receipt, all petitions
not withheld under paragraph 7, together with a concise statement of
facts material thereto, to the Cabinet Secretariat (Establishment
Division), Government of Pakistan. The Provincial Governments shall
also express its opinion on the petition while transmitting it, unless
there are special reasons to the contrary. If, in any case the Provincial
Government is unable to transmit the petition with the specified
period, a report to that effect, with reasons for the delay and an
estimate of any further time required, shall be forthwith submitted to
the Cabinet Secretariat (Establishment Division), Government of
Pakistan.
11. Submission to the President.- When a petition is
transmitted in accordance with paragraph 10 the Cabinet Secretariat
(Establishment Division), Government of Pakistan, shall submit the
petition and other papers received therewith, together with an
expression of its own opinion on the petition, to the President for
orders.
12. Notwithstanding anything contained in paragraph 11, if
Provincial Government, while transmitting a petition in accordance
with paragraph 10, recommends its acceptance and the Cabinet
*
The return will be transmitted to the President's Secretariat (Public). A copy to be endorsed to the
Cabinet Secretariat (Establishment Division), Government of Pakistan, Islamabad.
Secretariat (Establishment Division), Government of Pakistan, agrees
that the petition should be accepted, that Secretariat shall return the
petition to the Provincial Government for issue of an order in
accordance with its own and the Provincial Government's agreed
----------------------- Page 1348-----------------------
opinion.
----------------------- Page 1349-----------------------
SCHEDULE
LIST OF AUTHORITIES INCLUDED IN THE TERM
"PROVINCIAL GOVERNMENT"
[See paragraph 1 (1).]
1. The Provincial Governments.
2. Secretaries of Ministries/Divisions under the Government of
Pakistan or Joint Secretary where there is no Secretary.
3. Heads of departments of the status of Secretary to the
Government of Pakistan, in respect of the non-gazetted staff working
under their administrative control.
[Authority.- Estt. Division Notification No. S.R.O. 1313 (K)/67, dated 27-7-1967]. Estt. Division
Endorsement No. 12/3/57-F.I, dated 27-7-1967].
Determination of the `Appellate
Authority' in terms of the Civil
Servants (Appeal) Rules, 1977
Sl. No. 3
It has been observed that Ministries/Divisions/Departments do
not generally follow the prescribed procedure regarding submission of
appeals/petitions to the Establishment Division, for obtaining orders of
the Prime Minister or the President, as the case may be in terms of
Civil Servants (Appeal) Rules, 1977 read with rule 15-A of Rules of
Business, 1973. In a number of cases the appeals/petitions
processed by the respective Ministries/ Divisions etc have been found
to have not been addressed to the proper appellate authority. In such
----------------------- Page 1350-----------------------
a case, to avoid delay, the receiving authority, should withhold the
appeal and simultaneously inform the appellant to re-submit the same
duly addressed to the proper Appellate Authority to be indicated as
required under rule 7 of the said rules. The case relating to an appeal
should invariably be submitted to the Establishment Division in the
form of a Summary titled as "Summary titled as "Summary for the
Prime Minister" seeking orders of the President where the President is
an Appellate Authority alongwith the appeal (in original) with parawise
comments to be given in juxta position in the form of a statement as
indicated therein (Annexure).
2. In this connection, it may be pointed out that an appeal from
a civil servant in BPS-17 and above against imposition of any minor
penalty, as prescribed in rule 4(i) (b) of Government Servants (E&D)
Rules, 1973, by an authorised Officer or a major penalty by the
authority i.e. the Prime Minister under rule 4(1)(a) shall lie to the
President, in his capacity as the appellate authority, and shall be
processed in accordance with rule 15-A of the Rules of Business,
1973.
3. All Ministries/Divisions/Provincial Governments are
requested to bring the said position to the notice of all concerned for
their information and guidance.
[Authority.- Estt. Division O.M.No.5/4/94-Rev./D.3, dated 17-3-1997].
Annexure
PARAWISE COMMENTS ON THE APPEAL SUBMITTED
BY...........................(NAME, DESIGNATION, OFFICE,
BPS), AGAINST MINOR/MAJOR PENALTY OF..............
Sl. Contention of the accused Comments of the Ministry/ Comments to be offered No.
(Relevant paras in appeal Division/Department by Establishment
----------------------- Page 1351-----------------------
to be reproduced Division
1 2 3 4
----------------------- Page 1352-----------------------
Petitions not to be
transmitted to the
President
Sl. No. 4
Instances have come to notice in which petitions which do not
either conforming to the provisions of Part II of the Petition
Instructions or which do not lie under rule 7, and should be withheld,
are often transmitted to the Establishment Division for submission to
the President. In such cases a Ministry/Division concerned is advised
to withhold the petition and inform the petitioner accordingly. This
creates an anomalous position in that the discretion to withhold a
petition rests with the Provincial Government as defined in the Petition
Instructions and once a petition has been transmitted to the
Establishment Division that discretion has been exercised and it
should be submitted for the orders of the President which may not be
justified in the circumstances of the case.
2. All Ministries/Divisions are, therefore, requested to exercise
greatest care to see whether in any case a petition to the President is
or not and only such petitions should be transmitted to the
Establishment Division as strictly conform to the provision of Petition
Instructions and should not be withheld under rule 7, ibid.
[Authority.- Estt. Division O.M. No.1/5/64-D.II, dated 7-8-1974].
Sl. No. 5
General Instructions regarding Appeals/Petitions
representations on service matters submitted by the civil servants.- It
has been observed that the Civil Servants have been sending their
appeals/petitions/representations without regard to the prescribed
----------------------- Page 1353-----------------------
channel of communication to authorities other than the authorities
designated in various rules for this purpose. Such
appeals/representations on the one hand create avoidable work load
for the authorities to whom these are addressed and on the other
delay the redressal of the grievances of concerned officials. This
course of action is also a violation of the Government Servants
(Conduct) Rules, 1964. In order to ensure speedy redressal of their
grievances and to maintain the sanctity of the rules. It is imperative
that the civil servants address their appeals/ representations etc. to
the authorities designated in the rules with due regard to the
prescribed channels of communication.
2. Instructions issued from time to time indicating authorities for
submission of appeals/representations/petitions and their mode of
submission etc. are given below -
(a) APPEAL (Civil Servants/Appeals) Rules, 1977.- A civil
servant is entitled to appeal to the appropriate appellate
authority. In terms of Civil Servants (Appeal) Rules,
1977, through proper channel within a period of thirty
days of the communication of the order passed by an
authority or an authorised officer imposing upon him
any of penalty under Government Servants (E&D)
Rules, 1973 or otherwise as provided in Rule 4 of the
Appeal Rules. In case the penalty is imposed by an
order of the President, the civil servant has no right to
appeal but he may apply, through proper channel, for
review of the order;
(b) REPRESENTATION (Section 22 of the Civil Servants
Act, 1973).- Where no provision for appeal or review
exists under the rules, in respect of any order or class of
orders, a civil servant aggrieved by any such order, may
within thirty days of communication to him of such
----------------------- Page 1354-----------------------
order, make a representation against it, through proper
channel, to the Authority next above the authority which
made the order provided that no such representation
shall lie on matters relating to the determination of
fitness of a person to hold a particular post or to be
promoted to a higher post or grade.
(c) PETITION, (Petition Instructions).- A civil servant may
also submit a petition which includes memorials, letters,
and application of the nature of the petitions to the
President in accordance with the instructions contained
in Notification No. SRO. 1313(k)/67, dated 27.7.1987.
(d) GENERAL INSTRUCTIONS.
3. In addition to the above laws and rules/instructions, the
following general guidelines are issued for compliance by all civil
servants:-
(i) All civil servants should refrain from sending advance
copies of their appeals/petitions/ representations, direct
to higher authorities and that
appeal/petitions/representations should be addressed
only to the prescribed authority and submitted through
proper channel;
(ii) The appeal/petition/representation should be in their
own behalf only and that joint representation by
Government servants shall not be entertainable under
the Rules;
(iii) The civil servants should discourage their wives/wards
----------------------- Page 1355-----------------------
and relations to address the petitions/ applications in
respect of service matter on their behalf;
(iv) The civil servants should refrain from using intemperate
and in-appropriate language in their
petitions/representations etc. as use of such language
constitutes misconduct and order them liable to
disciplinary action against them;
(v) The Civil Servants Act, 1973 as well as Civil Servants
(Appeal) Rules, 1977 and the instructions issued on the
subject from time to time envisage only one
appeal/petition/representation etc. from a civil servant in
respect of particular order by which he is aggrieved.
Once an appeal or representation etc is rejected by the
competent authority, the civil servant can go to Federal
Service Tribunal but he has no right under these rules
to submit further appeal/petition/
representation/application or a service of it to the
appellate authorities; and
(vi) Each representation appeal petition etc. should be
accompanied by a prescribed proforma (Annexure) duly
completed by the civil servant, making the
representation/appeal/petition. This will enable the
competent authority to properly attend to and finalize
the matter quickly. In cases where the competent
authority has already rejected the first
appeal/petition/representation on the subject case, the
second or subsequent appeal/petition/ representation
need not necessarily be replied to;
3. All Ministries/Divisions/Departments etc. are requested to
circulate these instructions to all concerned for their guidance/ strict
----------------------- Page 1356-----------------------
compliance.
4. The Secretary/Head of the Departments are also requested
to devise an appropriate mechanism to ensure and monitor
expeditious disposal of representations/appeals/petitions of civil
servants to eliminate the root-cause of each appeal. This will also
enable the officials to devote their assignments besides effecting
economy in public expense on account of available litigations.
[Authority.- Estt. Division letter No.5/4/94-Rev.D.3, dated 21-6-1997].
----------------------- Page 1357-----------------------
Annexure
PROFORMA
1. Name of the Ministry/Department/Office.
2. Name of the applicant.
3. Designation and grade of the applicant.
4. Number and date of the order against which aggrieved.
5. Brief subject matter of the order giving to the applicant's
grievances.
6. Date on which the first appeal/application for review or
representation was filed.
7. Particulars of the authority to which the first appeal, application
for review or representation mentioned in column 6 was
addressed.
8. Whether any reply to the appeal, review application or
representation mentioned in column 6 has been received. If so,
on what date?
9. Number of appeals,
review applications, or (i) Appeal )in
representations (ii) Application for )red
submitted subsequent review )ink
to the one mentioned (iii) Representation )
in column 6 and the
date on which these were
submitted.
10. Authority to which the appeals, review applications or
representations mentioned in column 9 were submitted.
11. Whether any reply to appeal, application for review or
representation mentioned in column 9 was received. If so,
indicate the date or dates.
12. Date of present appeal/review/application/representation.
----------------------- Page 1358-----------------------
Sl. No. 6
Bar against making joint representations.- According to the
existing instructions a petition, memorial or a representation should be
submitted by a Government servant in his own behalf only. An
implication of these instructions is that joint representations cannot be
made to the Government. It has been observed that some
Government servants have submitted representations in
contravention of the spirit of these instructions in that they have
individually signed copies of petitions containing the same text.
Government is of the view that although these petitions are signed
and sent separately, they are in effect tantamount to joint
representations. No action can, therefore, be taken on such
representations.
2. The correct procedure is that if any category of Government
servants have a grievance of a common nature, they should bring the
matter to the notice of the head of the Department concerned so that
he may take such action as may be necessary in the circumstances
of the case.
3. Ministries/Divisions are requested to advise officers and
members of the staff under their control to keep these instructions in
mind while making representations in respect of a common grievance.
As joint representations are not permitted, a breach of these
instructions will amount to an act of indiscipline.
[Authority.- Estt. Division O.M.No.3/1/67-D.II, dated 18-2-1967].
Sl. No. 7
Appeals/Petitions/Representations by the civil servants
addressed to the Prime Minister.- The Prime Minister's Secretariat
have pointed out that disciplinary action has been initiated and
----------------------- Page 1359-----------------------
explanations have been called for in respect of officials whose
applications were forwarded by that Secretariat to different Ministries
and agencies for consideration and redressal. While this may well be
within the existing rules, it is not in harmony with demands of a
democratic order as it infringes upon the privilege of Prime Minister's
Secretariat to forward grievances and requests to the concerned
quarters for action and redressal under the directives of the Prime
Minister as, indeed, it takes away from the civil servants an
opportunity of access to the Chief Executive of the country through
the quickest means possible.
2. It is, therefore, advised that steps may please be taken
whereby officials whose cases are referred for redressal by Prime
Minister's Secretariat are not victimized and harassed on that
account.
[Authority.- Estt. Division O.M.No.6/3/89-D.3, dated 12-10-1989].
Sl. No. 8
Disposal of appeals/petitions of Section Officers.- The
Ministries/Divisions are requested that they should themselves
examine the appeals/petitions of Section Officers posted therein and
should try to redress their grievances promptly. It will be appreciated if
in future only those appeals/petitions are referred to the Establishment
Division which merit consideration by this Division.
[Authority.- Estt. Division O.M. No. 1/6/85-OMG1 dated 6-10-1985].
Sl. No. 9
Defence of cases before Service Tribunals and Law Courts by
Ministries/Divisions.- The following guidelines and instructions are to
----------------------- Page 1360-----------------------
be observed by the Ministries/Divisions/Attached Departments in
regard to Appeals/Writ Petitions/Suits preferred by the aggrieved Civil
Servants before Service Tribunals, High Courts and Civil Law Courts
against final orders effecting the terms and conditions of service,
including cases where penalty has been awarded under the
Government Servants (Efficiency and Discipline) Rules:-
i) After the promulgation of the Tribunal Act, 1973, the
jurisdiction in all matters pertaining to the terms and
conditions of the Civil Servants, including orders passed
under Government Servants (Efficiency and Discipline)
Rules rest with the Tribunal and to that extent the
jurisdiction of the High Courts and the Civil Courts has
been ousted. In cases where Writ Petitions/Civil Suits
are filed they should be contested on the point of
Jurisdiction.
ii) In appeals/Writ Petitions/Civil Suits against orders
passed by the Ministries/Divisions, the responsibility of
defending such cases is of the
Ministry/Division/Attached Department concerned.
However, in view of the fact that Establishment Division
is made proforma party in most of the cases, the cases
are referred routinely to this Division which results in
loss of time. It is clarified that where the final orders
have been passed by the Ministry/Division other than
the Establishment Division no reference should be
made to the Establishment unless there is a specific
point of reference, in which case the issue should be
clearly specified and necessary papers supplied as
annexure in a self contained reference. It would not be
possible for the Establishment Division to respond to
general queries or a general request for advice in such
cases.
----------------------- Page 1361-----------------------
iii) In cases where the Ministries/Divisions are the principal
respondent, arrangement for submission of parawise
comments well in time and appointment of counsels to
defend the case should be made in consultation with
the Law Division. The Federal Service Tribunal is
presently not happy about the delays in filing parawise
comments and the proper defence of the cases before
them by the Ministries/ Divisions.
iv) In defending the appeals, before the Service Tribunals,
the question of limitation should be carefully examined,
and the appeals contested on this ground where
appeals are time barred.
v) The Ministries/Divisions are also required to examine
those cases which are decided against the Government
by the Service Tribunal in their capacity as the main
respondent, with a view to filing an appeal before the
Supreme Court in consultation with the Law Division
directly. Such cases need not to be referred to this
Division for examination.
[Authority.- Estt. Division O.M. No. 14/5/80-Lit.Misc., dated 7-3-1982].
Notes.- For detailed instructions regarding the conduct of cases of the Federal Government
in Courts (including service appeals before the Service Tribunals) please see
Appendix `F' of the Secretariat Instructions (1996 edition).
CHAPTER XIII
----------------------- Page 1362-----------------------
MERGER OF SERVICES/
CADRES INTO A UNIFIED
GRADED STRUCTURE
----------------------- Page 1363-----------------------
MERGER OF SERVICES/CADRES INTO A UNIFIED
GRADED STRUCTURE
Sl. No. 1
The Government have taken the following decisions:-
(a) All the services and cadres would be merged
into a single unified graded structure with
equality of opportunity for all who enter the
service at any stage based on the required
professional and specialized competence
necessary for each job.
(b) All `classes' among Government servants would
be abolished and replaced by a single unified
graded structure, a Peon or equivalent at the
bottom, a Secretary or Departmental Head at the
top. The existing classification of dividing the
services into Class I to Class IV would no longer
operate. The road upwards to the very top to be
open to all on merit and required educational and
professional qualifications.
(c) The use of `service' labels would be
discontinued forthwith.
(d) The Unified Structure would be designed to
provide for entitlement to promotions to the
higher posts throughout the range of public
service; for horizontal movement from one cadre
to another including the movement of technical
personnel to the cadre of general management
----------------------- Page 1364-----------------------
carrying posts of an executive nature; there
would also be scope for out of turn promotion to
the exceptionally meritorious officers.
(e) The correct grading of each post would be
determined by job evaluation, job description,
professionalism and specialization.
(f) With the merger of all classes and services into a
single Unified Graded Structure, the various
functional and professional services will become
branches of a single service.
(g) There would be provision that Government may
take talented officers from the private sector
such as banking, insurance, industry and trade
as well as from other professions for jobs at the
appropriate levels in the Central and Provincial
Secretariats and Departments as well as
Government sponsored corporations,
autonomous and semi-autonomous bodies.
2. These orders are being put into operation with immediate
effect. Each post would be appropriately graded taking into account
the duties and responsibilities attached to the post. This would
involve a detailed exercise. It has been decided that this exercise will
be done by the Establishment Division in consultation with the
Ministries and other organizations and the Provincial Governments.
For this purpose a special cell has been created in the Establishment
Division called the Administrative Reforms Cell. The Establishment
Secretary will be incharge of this Cell and he will be assisted by an
officer of the rank of Joint Secretary. The Joint Secretary will be
visiting the Ministries and Provinces for the implementation of
Government decisions and will hold discussions at the appropriate
----------------------- Page 1365-----------------------
levels, if necessary. Before finalizing, the Establishment Secretary
will hold discussions with the Secretaries of the Ministries concerned.
Thereafter orders of the Prime Minister will be obtained wherever
necessary. For Services and Cadres for which the Establishment
Division is responsible the necessary action will be initiated by the
Establishment Division.
3. As there will be one Unified Cadre for posts included in the
All Pakistan Services, the CSP Composition and Cadre Rules have
been suitably amended.
4. As under the new Constitution, Government is committed to
enact a law to govern the terms and conditions of Government
*
servants, an Ordinance has been issued by the President on this
subject.
5. The present Efficiency and Disciplinary Rules are extremely
cumbersome and dilatory in their operation. These Rules have also
been revised on the recommendations of the Administrative Reforms
Committee.
6. It is provided in the Constitution that suitable laws will be
issued on the functions of the Public Service Commission.
[Authority.- Estt. Secretary's D.O.Letter No.1/1/73-ARC, dated 21-8-1973].
Sl. No. 2
Discontinuance of the use of service labels on the name plates
etc. of the officers.- The Prime Minister in his address to the nation on
Administrative Reforms on the 20th August, 1973, announced that the
use of `service labels' should be discontinued forthwith. All Ministries
and Divisions are requested to ensure strict compliance with this
----------------------- Page 1366-----------------------
decision within the Ministries/Divisions and their Attached
Departments and Subordinate Offices. Use of service labels on name
plates whether at office or residence of officers or on visiting cards
should be discontinued forthwith.
[Authority.- Estt. Division Letter No.1/2/73-ARC, dated 24-8-1973].
Sl. No. 3
Instances have come to notice where abbreviations like
D.M.G., T.A.G., etc., have been used in Gazette notifications
*
Note.-Civil Servants Ordinance 1973 (Ordinance No. XIV of 1973) replaced by Civil Servants Act, 1973
(Act No. LXXI of 1973).
and in other official communications after the names and designations
of officers belonging to these groups. The abbreviations S.A.S.
(Subordinate Accounts Service) has also been used in certain
notifications. The use of such abbreviations is against Government
instructions on the subject.
2. All Ministries and Divisions are requested to ensure that
abbreviations of the above type are not used as they are apt to take
the place of former service labels which is against the spirit of the
Administrative Reforms.
[Authority.- Estt. Division O.M. No. 1/2/73-ARC, dated 26-1-1977].
Sl. No. 4
Notification of appointments in Grade 16 and above.- The
classification of posts into gazetted and non-gazetted has also been
abolished. However, the practice of notifying all appointments to
Grade 16 and above in the Gazette will continue to be followed.
----------------------- Page 1367-----------------------
[Authority.- Para 2 of Estt. Secretary's d.o.letter No.1/1/73-ARC, dated 10-11-1973].
Sl. No. 5
Discontinuance of the practice of notifying appointments in
terms of Grades.- Attention is invited to the Finance Division O.M. No.
l(l)Imp/83, dated 18-8-1983 laying down a scheme of basic pay scales
and fringe benefits for the civil employees of the Federal Government
as shown in the schedule to that O.M. It is laid down in the aforesaid
O.M. that basic scales shall not be regarded as `grades' and shall not
be referred to as `grades' in official communications and that the
officials shall henceforth be appointed/promoted to posts and not in
grades.
2. In pursuance of the aforesaid decisions, necessary
amendments to the Civil Servants Act, 1973 and the rules made
thereunder have been carried out replacing references to `grades' by
corresponding basic pay scales.
3. It is requested that in future all the notifications and orders
relating to initial appointment, appointment by promotion or by transfer
and other appointments like ad hoc appointments should invariably
mention appointments to posts and not to grades.
[Authority.- Estt. Division O.M. No. 3/11/83-R2(Pt), dated 15-4-1984].
All Pakistan Services (Change
in Nomenclature) Rules, 1973
Sl. No. 6
In exercise of the powers conferred by section 25 of the Civil
Servants Ordinance, 1973 (XIV of 1973), the President is pleased to
make the following rules:-
(1) These rules may be called the All-Pakistan Services
----------------------- Page 1368-----------------------
(Change in Nomenclature) Rules, 1973, and shall come
into force at once.
(2) These rules apply to all members of the Civil Service of
Pakistan and the Police Service of Pakistan.
(3) Notwithstanding anything contained in any rule, order,
resolution or instruction, the names of the Civil Service
of Pakistan and the Police Service of Pakistan are, with
immediate effect, changed to All-Pakistan Unified
Grades and all references to Civil Service of Pakistan
and Police Service of Pakistan in any rule, order,
resolution or instruction shall be construed as
references to All-Pakistan Unified Grades.
(4) All persons who, immediately before the coming into
force of these rules, were members of the Civil Service
of Pakistan or the Police Service of Pakistan are
appointed, in their existing posts, to All Pakistan Unified
Grades.
[Authority.- Estt. Division Notification No. S.R.O. 1307(1)/73, dated 14-9-1973].
Civil Servants (Change in
Nomenclature of Services and
Abolition of Classes) Rules, 1973
Sl. No. 7
The rules (Annexure) provide that all Federal Services and
posts, other than those included in All-Pakistan Unified Grades, shall
be called Federal Unified Grades. There shall thus be three
Unified Grades namely:
----------------------- Page 1369-----------------------
(1) All-Pakistan Unified Grades.
(2) Federal Unified Grades.
(3) Provincial Unified Grades.
The Provincial Governments are being requested to issue
similar orders to designate the services and posts under them as
Provincial Unified Grades.
2. Attention in particular is invited to rule 8 of the Civil Servants
(Change in Nomenclature of Services and Abolition of Classes)
Rules, 1973 whereby all reservations of posts for purposes of
appointment, promotion or transfer in favour of persons belonging to a
particular service or cadre or a particular post have been abolished.
The intention of this rule is that no individual Government servant
should claim promotion or appointment to a particular post as a matter
of right on the basis of provisions in existing recruitment rules or other
instructions. Action is in hand to frame fresh rules in the light of
Administrative Reforms. For example, certain rules for posts in
All-Pakistan Unified Grades have already been issued in S.R.O.
1238(I)/73 (Sl.No.10), dated the 21st August, 1973. In other cases,
discussions are in progress with Ministries and Divisions concerned.
However, in order not to create a vacuum, the existing quotas for
promotion and direct recruitment for various posts may continue to be
observed until further orders.
[Authority.- Paras 3&4 of Estt. Division D.O. letter No. 1/1/73-ARC, dated 10-11-1973].
ANNEXURE
Copy of Establishment Division, Notification No.
S.R.O.1530(I)/73, dated the 3rd November, 1973.
In exercise of the powers conferred by Section 25 of the Civil
Servants Act, 1973 (LXXI of 1973), the President is pleased to make
----------------------- Page 1370-----------------------
the following rules:-
1. (1) These rules may be called the Civil Servants (Change in
Nomenclature of Services and abolition of Classes) Rules, 1973.
(2) They shall come into force at once.
2. In these rules, unless there is anything repugnant in the
subject or context, -
(1) `Classes' means Class I, Class II, Class II
(non-Gazetted) Class III and Class IV, in which the civil
posts and services are classified under the Civil
Services (Classification, Control and Appeal) Rules or
any other rules or orders for the time being in force;
(2) `Federal Unified Grades' comprise all services and civil
posts connected with the affairs of the Federation other
than those included in the All-Pakistan Unified Grades
under the All-Pakistan Services (Change in
Nomenclature) Rules, 1973;
*(3) `Grade' means a National Scale of Pay in which a post
or group of posts is placed;
(4) `Services' means the civil services of the Federation.
3. Notwithstanding anything contained in any rule, order,
*
Pl. see also Civil Servants (Amendment) Ordinance, 1984.
resolution or instruction, the names of services are, with immediate
effect, changed to Federal Unified Grades and all references to a
----------------------- Page 1371-----------------------
service in any rule, order, resolution or instruction
shall, consistent with the subject and context, be construed as
reference to the respective Federal Unified Grade.
Explanation.- For the purposes of this rule and rule 5,
`respective Federal Unified Grade' means the Grade to which a civil
servant is entitled in respect of his existing post under the National
Scales of pay.
4. All civil posts connected with the affairs of the Federation,
not being posts in the All-Pakistan Unified Grades, shall belong to one
of the Federal Unified Grades.
5. All persons 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 Federation, not being a post in the
All-Pakistan Unified Grades, are appointed in their existing posts to
the respective Federal Unified Grades.
6. Notwithstanding anything contained in the Civil Services
(Classification, Control and Appeal), 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.
7. For the purposes of applications 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:-
Class - Gazetted posts Corresponding Grades
(1) Class I .............(1) Grade 17 to 23.
(2) Class II ............(2) Grade 16.
----------------------- Page 1372-----------------------
*
The word `Grade' wherever appeared in the present context may be construed to have been amended
as basic pay scale.
Non-Gazetted posts
(3) Class II ............(3) Grades 11 to 15.
(4) Class III............(4) Grades 3 to 10.
(5) Class IV.............(5) Grades 1 and 2.
8. Notwithstanding anything contained in any rule, order or
instruction, all reservations or 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.
[Authority.- Estt. Division D.O. Letter No. 5/1/73-ARC.II, dated 30-10-1973].
Civil Service of Pakistan
(Composition and Cadre)
Rules, 1954
Sl. No. 8
WHEREAS the Governor-General and the Governors of East
Bengal, the Punjab, Sindh and the North-West Frontier Province have
agreed that there shall be constituted a Service of the Federation to
be known as the Civil Service of Pakistan and that certain posts in
connection with the affairs of the Provinces shall be filled by members
of that Service and specify, as far as need be, the conditions of
service of its members, whether serving in posts in connection with
the affairs of the Federation or of a Province:
NOW, THEREFORE, in pursuance of that agreement and in
exercise of the powers conferred by sub-sections (1) and (2) of
----------------------- Page 1373-----------------------
section 241 of the Government of India Act, 1935, and of all other
provisions empowering him in this behalf, the Governor-General is
pleased to make the following Rules:-
1. These Rules may be cited as the Civil Service of Pakistan
(Composition and Cadre) Rules, 1954.
2. In these Rules, unless the context otherwise requires:
(a) "Cadre post" means any duty post included in the
Schedule.
*
(b) "Commission" means the [Federal Public Service
Commission];
(c) "Schedule" means the Schedule to these Rules;
(d) "Service" means the Civil Service of Pakistan.
**[3. (1) Appointments to the Cadre posts shall be made by the
President in accordance with rules to be made by him for the purpose.
(2) Every person, not being a member of the Service, who is
appointed to a Cadre post in accordance with the rules regulating
such appointment shall, -
(a) on his appointment to that post, become a member of
the Service; and
(b) on his confirmation in the Service, cease to be a
member of the Service, if any, to which he belonged
immediately before such confirmation].
----------------------- Page 1374-----------------------
4. Persons appointed to the Service shall, unless the
***
[President] otherwise directs, be appointed on probation and the
***
[President] may make rules specifying the terms and incidents of
such probation. In particular, he may provide for the removal from the
Service during his term of probation of any person whose conduct and
progress is unsatisfactory or for the withholding of increments from
such persons.
*
Subs for "Pakistan Public Service Commission" vide Estt. Division Notification
No. S.R.O. 1237(I)/73, dated 21-8-1973.
**
Subs ibid, for Rule 3.
***
Subs ibid, for "Governor General"
*[5-7]
**
8. (1) The [President], in the case of posts in connection with
the affairs of the Federation, and the Governor in the case of posts in
connection with the affairs of a Province, may, as the exigencies of
the public service require, appoint a person not being a member of
the Service to any Cadre post.
(2) Every such appointment made by a Governor shall be
provisional and, if the person so appointed is intended to hold the
appointment, for a period exceeding 3 months, shall forthwith be
**
reported to the [President] with the reasons for making it and if the
**
[President] so directs the Governor shall thereupon cancel the
appointment.
(3) Any person appointed to hold a Cadre post under this rule
shall not be employed in the post for a period exceeding 12 months
**
save with the previous sanction of the [President].
9. (1) If a Governor proposes to keep any Cadre post in
connection with the affairs of a Province vacant for a period exceeding
**
3 months, he shall forthwith make a report to the [President] of the
----------------------- Page 1375-----------------------
reasons for the proposal, the period for which he proposes to keep
the post vacant and whether it is proposed to make any and, if so,
what arrangements for the performance of the duties of the post held
in abeyance.
**
(2) If the [President] directs that the post shall be filled, the
Governor shall appoint a person to fill it in accordance with the
provisions of these rules.
**
10. The [President] may by special or general order
temporarily dispense with the provisions of rules 8 and 9 requiring a
**
Governor to report to the [President] any case in which a Cadre post
is filled otherwise than under rule 7 by a person not being a member
of the Service or in which a Cadre post is kept vacant for a period
exceeding 3 months.
*
Rules 5 to 7 omitted, ibid
**
Subs ibid, for "Governor General"
11. The Governor of a Province may direct that two Cadre
posts in connection with the affairs of a Province shall be held jointly if
he considers this necessary for the purpose of facilitating any leave
arrangement or for a period not exceeding 3 months if he considers
this necessary for any other purpose.
12. No change shall be made in the duties of the holder of any
*
reserved post if, in the opinion of the [President], the character of that
post would thereby be altered:
Provided that this shall not apply to a temporary change
consequential on leave arrangements or to a change not arising from
leave arrangements which will not last more than three months.
*
13. (1) The [President] may from time to time, and in the case
of posts in connection with the affairs of a Province, after consultation
with the Governor of that Province, remove any post from the
----------------------- Page 1376-----------------------
Schedule or include any post therein.
**[(2) A Governor may, if the exigencies of the public service so
require, create a cadre post in connection with the affairs of a
Province below the rank of a Commissioner of a Division, for a period
not exceeding three months. If subsequently the Governor proposes
to retain that cadre post for a further period, he shall forthwith make a
*
report to the [President] of the reasons for the proposal and the
period for which he proposes to retain that post and shall act in
*
accordance with such directions as the [President] may give].
14. An officer belonging to the Service shall be liable to serve
***
anywhere in Pakistan under the [Federal Government] and
*
Subs ibid, for "Governor General".
**
Added vide Estt. Division Notification No. S.R.O. 830(K), dated 7-7-1960.
***
Subs for "Central Government" vide Estt. Division Notification No. S.R.O. 1237(I)/73,
dated 21-8-1973.
may be deputed by that Government to serve under a Provincial
Government. He shall submit himself to the orders of the Government
under which he is serving for the time being and of all the officers and
authorities under whom he may from time to time be placed by that
Government. His whole time shall be at the disposal of the
Government under which he is serving.
15. The transfer of an officer belonging to the Service from one
Province to another or from the Centre to a Province or from a
*
Province to the Centre shall be made by the [Federal Government] in
consultation with the Provincial Government or Governments
concerned.
**
16. The [President] may by rules provide for the conduct and
----------------------- Page 1377-----------------------
discipline of officers of the Service, and officers of the Service shall at
all times obey such rules, and shall perform such duties as may be
assigned to them.
17. Subject to the provisions of section 10 of the Indian
**
Independence Act, 1947, the [President] may frame rules regulating
the remuneration and other conditions of service of officers of the
Service.
[Authority.- Estt. Division Notification No. F.25/12/51-SEI, dated 1-6-1954].
***
Schedule of Cadre strength of the Civil Service of Pakistan
FEDERAL GOVERNMENT
Superior posts
All posts of Deputy Secretary under the Federal Government
and all posts of and above the rank of Joint Secretary under the
Federal Government or borne on the strength of a Corporation set up
or established by, or an organization or an establishment subordinate
to, the Federal Government.
*
Subs for "Central Government" vide Estt. Division Notification No.S.R.O.1237(I)/73,
dated 21-8-1973.
**
Subs ibid, for "Governor General".
***
Subs vide Estt. Division Notification No.S.R.O. 1237(I)/73, dated 21-8-1973.
BALOCHISTAN
Superior posts of Commissioner's
level and above....................... 5
Chief Secretary.................... 1
Member, Board of Revenue........... 1
Revenue Commissioner............... 1
Home Secretary..................... 1
Commissioner, Planning and Development. 1
----------------------- Page 1378-----------------------
Superior posts of senior scale level.. 37
Junior posts.......................... 3
SINDH
Superior posts of Commissioner's level and
above................................. 13
Chief Secretary.................... 1
Member, Board of Revenue........... 1
Additional Member, Board of Revenue.. 2
Secretary.......................... 6
Revenue Commissioner............... 1
Land Commissioner.................. 1
Commissioner, Social Security Institution. 1
Superior posts of senior scale level.. 43
Junior posts.......................... 28
PUNJAB
Superior posts of Commissioner's level and
above................................. 24
Chief Secretary.................... 1
Additional Chief Secretary......... 2
Additional Chief Land Commissioner. 1
Member, Board of Revenue........... 4
Land Commissioner.................. 2
Divisional Commissioner............ 5
Secretary.......................... 9
Superior posts of senior scale level.. 51
Junior posts.......................... 40
----------------------- Page 1379-----------------------
N.W.F.P.
Superior posts of Commissioner's level and
above................................. 8
Chief Secretary.................... 1
Development Commissioner........... 1
Divisional Commissioner............ 3
Member Board of Revenue............ 1
Secretary.................................. 2
Senior posts of senior scale level.... 32
Junior posts.......................... 15
Sl. No. 9
Under Rule 5 (1) of rules promulgated vide S.R.O. 1238 (I)/73,
dated the 21st August, 1973, the President is pleased to approve the
appointment of all Government servants who were holding a cadre
post on the 21st August, 1973, to All-Pakistan Unified Grades.
[Authority.- Estt. Division Notification No. 1/1/73-ARC, dated 14-9-1973].
Sl. No. 10
In exercise of the powers conferred by rule 3 of the Civil
Service of Pakistan (Composition and Cadre) Rules, 1954, the
President is pleased to make the following rules:-
1. In these rules, "Cadre post" and "Service" have the same
meaning as in the Civil Service of Pakistan (Composition and Cadre)
Rules, 1954.
----------------------- Page 1380-----------------------
2. Appointments to the Cadre posts may be made at the
following stages, namely:-
(i) Posts of the rank of Assistant Commissioner or
Sub-Divisional Officer and equivalent posts under the
Federal Government or a Provincial Government;
(ii) Posts of the rank of Deputy Secretary under the Federal
Government and equivalent posts under that
Government or a Provincial Government;
(iii) Posts of the rank of Joint Secretary under the Federal
Government and equivalent posts under that
Government or a Provincial Government;
(iv) Posts of the rank of Additional Secretary under the
Federal Government and equivalent posts under that
Government or a Provincial Government;
(v) Posts of the rank of Secretary under the Federal
Government and equivalent posts under that
Government or a Provincial Government.
3. (1) Appointments to the post of Assistant Commissioner or
Sub-Divisional Officer or an equivalent post shall be made through
competitive examination except that a certain percentage of posts
determined by the President may be filled by promotion from lower
ranks or through induction of persons from outside Government
service.
(2) Persons serving under the Federal Government or a
Provincial Government who have completed service as specified in
the second column of the table below shall be eligible for appointment
to the post in the first column of the table:
----------------------- Page 1381-----------------------
TABLE
Cadre post of the rank 8 years service as Assistant
of Deputy Secretary Commissioner or SDO or in an
equivalent post.
Cadre post of the rank 15 years service as Assistant
of Joint Secretary Commissioner or SDO or in an equivalent
or higher post or 5 years service as
Deputy Secretary or an equivalent post.
Cadre post of the rank 20 years service as Assistant
of Additional Commissioner or SDO or in an
Secretary equivalent or higher post or 5
years service as Joint Secretary.
Cadre post of the 23 years service as Assistant
rank of Secretary Commissioner or SDO or in an
equivalent or higher post or 7 years
service as Joint Secretary or 2 years
service as Additional Secretary.
(3) The President may relax the condition as to the length of
service in suitable cases.
4. A person engaged in a profession or in the service of a
private Organisation who possesses such minimum educational
qualifications as the President may from time to time determine and
has to his credit experience or, as the case may be, length of service
comparable with that indicated in rule 3 shall also be eligible for
appointment to a Cadre post.
----------------------- Page 1382-----------------------
5. (1) Every Government Servant, not being a member of the
Service, who is holding a Cadre post, at the commencement of these
rules shall, subject to the approval of the President, become a
member of the Service.
(2) A Government servant referred to in sub-rule (1) who has
not completed one year of service in the Cadre post shall be on
probation until he completes one year and one who has been holding
the Cadre post for a year or more may, subject to the approval of the
President be confirmed in that post.
(3) Upon his confirmation in a Cadre post under sub-rule (2) a
Government servant shall-
(a) if he was a member of any service immediately
before such confirmation, cease to be such
member; and
(b) if he held a lien on any post immediately before
such confirmation, cease to hold such lien.
*[(4) A person confirmed in a Cadre post before the
commencement of these rules shall, for the purposes of sub-rule (3),
be deemed to have been confirmed, in that post under sub-rule (2)
immediately after such commencement].
[Authority.- Estt. Division Notification No. S.R.O.1238(I)/73, dated 21-8-1973].
Occupational
Groups and Services
(Probation, Training
and Seniority)
Rules, 1990
----------------------- Page 1383-----------------------
Sl. No. 11
In exercise of the powers conferred by section 25 of the Civil
Servants Act 1973 (LXXI of 1973), the President is pleased to make
the following rules, namely:-
*
Added vide Estt. Division Notification No.S.R.O. 1308(I)/73, dated 14-9-1973.
1. Short title and commencement.-(1) These rules may be
called the Occupational Groups and Services (Probation, Training and
Seniority) Rules 1990.
(2) These rules shall take effect from Ist October, 1990.
2. Definitions.- In these rules, unless there is anything
repugnant in the subject or context:-
i) "Commission" means the Federal Public Service
Commission;
ii) "Examination" includes any exercise approved by the
Government which is intended to test a probationer in a
field of training during the training programme;
iii) "Final Passing Out Examination" means the Final
Passing Out Examination conducted by the
Commission or the department concerned after
conclusion of specialized training;
iv) "Government" means the Federal Government;
v) "Head of training institution" means the head of a
training institution or place where members of an
occupational group or service are imparted training;
----------------------- Page 1384-----------------------
vi) "Inductee" means a person transferred to any
occupational group or service by induction from the
Armed Forces;
vii) "Initial training" means the training prior to specialized
training undertaken by the probationers of any one
occupational group or service or jointly by combination
of any occupational groups or services at a training
institution or place that the Government may specify;
viii) "Occupational group or service" means any group or
service recruitment to which is made through the
competitive examination conducted by the Commission
from time to time against BPS-17 posts under the
Federal Government or any occupational group or
service transfer to which is made from the Armed
Forces by induction and includes the following:-
a) Accounts Group
b) Commerce and Trade Group
c) Customs and Excise Group
d) District Management Group
e) Foreign Service of Pakistan
f) Income Tax Group
g) Information Group
h) Military Lands and Cantonment Group
i) Office Management Group
j) Police Service of Pakistan
k) Postal Group
l) Railways (Commercial and Transportation)
Group; and
m) any other service or group which may be notified
by the Government as such.
----------------------- Page 1385-----------------------
ix) "Probationer" means a person appointed to any
occupational group or service on probation and includes
an inductee; and
x) "Specialized training" means training subsequent to the
initial training undertaken by the probationers of an
occupational group or service at a training institution or
place that the Government may specify.
3. Training programme and examination.- (1) Every
probationer shall undergo training in such training institutions and at
such places and for such periods as the Government may specify.
(2) A probationer shall qualify every examination to the
satisfaction of the head of the training institution where he is
undergoing training.
(3) In addition to 1400 marks of CSS examination, 500 marks
shall be allocated for initial training programme, 600 marks for
specialized training programme and 1000 marks for the final passing
out examination.
(4) Every probationer shall be required to qualify the Final
Passing Out Examination in the subjects approved by the
Government.
(5) The maximum of 1000 marks allocated for Final Passing
Out Examination shall be distributed among the subjects as approved
by the Government.
(6) A probationer who fails to qualify in any subject in the Final
Passing Out Examination shall be allowed two more chances to
appear in the examination to be held subsequently in such subject or
subjects.
----------------------- Page 1386-----------------------
4. Effect of unsatisfactory completion of training
programme.- If on the conclusion of a training programme, the
performance or conduct of a probationer is determined by the head of
the training institution to be unsatisfactory, the Government may
require such probationer to undergo such further training as it deems
fit.
(2) If a probationer is prevented by sickness or any other
adequate cause from completing a training programme to the
satisfaction of the head of the training institution, the Government may
require him to undergo such further training as it deems fit.
5. Probationer missing the Final Passing Out
Examination.- If after completing his training to the satisfaction of the
head of training institution, a probationer is prevented by ill health or
other adequate cause from taking, in full or in part, the Final Passing
Out Examination, the Government may arrange for him to be
examined specially.
6. Probationer failing to qualifying in the Final Passing Out
Examination.- (1) A probationer who fails to qualify in the Final
Passing Out Examination shall have his increments withheld until
such time he qualifies such examination.
(2) A probationer who fails to qualify in the Final Passing Out
Examination in three attempts shall be liable to be removed from
service.
(3) Absence from the Final Passing Out Examination, without
permission of the Government, shall be deemed to be a failure to
qualifying in that examination.
7. Seniority.- (1) The seniority of the probationers shall be
----------------------- Page 1387-----------------------
determined by the Government after Final Passing Out Examination.
(2) Inductees who join the initial training programme shall be
given notional marks in a manner that each inductee has the same
marks as the senior most probationer of the occupational group in
which the inductee has been inducted.
(3) Inductees who join a specialized training programme
directly shall be given notional marks equal to the marks obtained by
the senior most probationer of the occupational group including the
marks in the initial training programme.
(4) For the purpose of determining the inter-se seniority of the
probationers who commence their training with initial training
programme the marks obtained by a probationer in the competitive
examination of the Commission or his notional marks, as the case
may be, shall be added to the marks obtained by him in the initial
training programme, specialized training programme and the marks
obtained by qualifying the Final Passing Out Examination in his first
attempt.
(5) For the purpose of determining the inter-se seniority of the
inductees who commence their training with the initial training
programme or a specialized training programme, the notional marks
given to such an inductee and the marks obtained by him in the initial
training programme and specialized training programme, as the case
may be, shall be added to the marks obtained by him
by qualifying the Final Passing Out Examination in the first attempt.
8. Probation.- The period of probation of a probationer shall
be two years or for such period as the Government may extend for
successful completion of training programme.
9. Bond.- A probationer shall, before the commencement of
----------------------- Page 1388-----------------------
the training, execute a Bond, with a surety, to refund in the event of
his failing to complete his training or resigning from his service during
the period of training or within three years thereafter, all such amounts
paid to him or spent in connection with his training.
10. Penalty.- (1) A probationer who fails to comply with the
provisions of these rules, or to obey any orders which he may receive
from the Government, or from the Provincial Government under which
he is serving, or from the head of institution or from any faculty
member of the training institution or an officer under whom he may be
receiving field training, or who neglects his probationary studies, or is
guilty of conduct unbecoming of an officer shall be liable for removal
from service or to such other action as the Government may direct.
(2) Before a probationer is removed from service he shall be
given an opportunity to show cause.
11. Over-riding effect.- The provisions of these rules shall
have effect notwithstanding anything contained in any other rule or
rules for the time being in force with regard to any occupational group
or service.
12. Repeal.- The Civil Service of Pakistan (Probation, Training
and Seniority) Rules, 1954, are hereby repealed.
[Authority.- Estt. Division Notification No. S.R.O.874(I)90, dated 23-8-1990].
Sl. No. 12
Promotion of officers of the All-Pakistan Unified Grades from
----------------------- Page 1389-----------------------
Grade 17 to Grade 18.- According to All-Pakistan Unified Grades
(Probation, Training and Seniority) Rules, 1954, probation of a
probationer appointed to Grade 17 does not terminate unless he has
passed the following examinations:
(i) the Academy test;
(ii) an examination held by the FPSC, generally called the
Final Passing Out Examination.
The Officers are also required to pass such departmental
examinations within 3 years of joining a province by such standards
as may be prescribed by the Provincial Government concerned.
Failure (i) to pass the Academy test and the Final Passing Out
Examination or (ii) to pass the Final Passing Out Examination in two
attempts or (iii) to pass the departmental examinations makes a
probationer liable to removal from the service.
2. It has been observed that the Provincial Governments have
in the past promoted officers from Grade 17 (then known as junior
scale) to Grade 18 (senior scale) without the officers having passed
the departmental examinations or the Final Passing Out Examination.
Promotion of officers from Grade 17 to Grade 18 with-out their having
fully cleared the Academy test, the Final Passing Out Examination
and departmental examinations is irregular.
3. It has, therefore been decided that in future:
(i) an officer of the All-Pakistan Unified Grades in Grade
17 should not be promoted to Grade 18 unless:-
(a) he has completely passed all the examinations
prescribed by the All-Pakistan Unified Grades
(Probation, Training and Seniority) Rules; and
----------------------- Page 1390-----------------------
(b) the probation period has been successfully
completed and formally terminated.
(ii) the probation period should in future be terminated by
issue of a Gazette notification on successful completion
of the probation period. This notification will be issued
by the Establishment Division in consultation with the
Provincial Government concerned.
[Authority.- Estt. Division Letter No.10/4/73-CI, dated 29-11-1973 to all Provincial
Governments].
Sl. No. 13
Creation/abolition of posts of Joint Secretary, Deputy
Secretary and Section Officers.- Posts of Secretary, Joint Secretary
and Deputy Secretary at the Centre are borne on the C.S.P. Cadre,
which is administered by the Establishment Division. It has, however,
been noticed that additions to/deletion from this Cadre are made by
Ministries without consulting the Establishment Division. It has,
therefore, been decided that prior concurrence of the Establishment
Division in addition to that of the Ministry of Finance, should invariably
be obtained before any additional post is created on the C.S.P. or any
existing post is abolished.
[Authority.- Estt. Division O.M. No. 1/9/61-CI, dated 14-9-1961].
Sl. No. 14
The Ministry of Finance are requested that they should
withhold financial approval unless the proposal has first been cleared
by the Establishment Division.
----------------------- Page 1391-----------------------
[Authority.- Para 4 of Estt. Division O.M.No. 26(1)/ 68-AI(CI), dated 20-2-1968].
CHAPTER XIV
RULES AND PROCEDURES
APPLICABLE TO
OCCUPATIONAL GROUPS
( )
----------------------- Page 1392-----------------------
RULES AND PROCEDURES APPLICABLE
TO OCCUPATIONAL GROUPS
Accounts Group
Sl. No. 1
Following the introduction of the Administrative Reforms by the
Prime Minister on 20th August, 1973 and the abolition of services as a
result thereof, the question of formation of new occupational groups to take
the place of services has been under consideration of the Government.
Necessary information was called for from the Ministries/Divisions and
Joint Secretary, Administrative Reforms, had detailed discussions with
them. The first Ministry to be taken up was the Ministry of Finance. In
respect of the Departments etc. under the Ministry of Finance, the President
is now pleased to constitute an occupational group called the Accounts
Group which shall comprise all posts in:-
i) the Pakistan Audit and Accounts Department, the Military
Accounts Department and the Railway Accounts
Department;
*[(ii) thMonday, May 23, 2011
esta code part 4
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