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REGULATION, 2011

PAKISTAN ELECTRONIC MEDIA REGULATORY AUTHORITY EMPLOYEES SERVICE REGULATIONS, 2011

[Gazette of Pakistan, Extraordinary, Part-II, 5th October, 2011]

S.R.O. 944(I)/2011, dated 25.7.2011.–In exercise of powers conferred under sub-section (3) of Section 4 of the PEMRA Ordinance, 2002 (XIII of 2002), the Pakistan Electronic Media Regulatory Authority is pleased to make and promulgate the following service regulations for appointment, promotion, termination and other terms and conditions of employment of its staff, experts, consultants, advisors etc.

1.         Short title and commencement.—(1) These Regulations may be called the Pakistan Electronic Media Regulatory Authority Employees Service Regulations, 2011.[1]

(2)        These Regulations shall come into force at once.

(3)        These Regulations shall apply to all officers, officials, appointed on regular basis except the following unless specifically provided otherwise:—

(a)        a person who is employed for a specific term;

(b)        a person who is awarded a consultancy;

(c)        a person engaged as an expert or technical advisor; and

(d)       a person hired on daily wages.

2.         Definitions.—In these Regulations unless the context or the subject otherwise requires,

(i)         "Ordinance" means the Pakistan Electronic Media Regulatory Authority Ordinance, 2002,

(ii)        "Authority" means the Pakistan Electronic Media Regulatory Authority established under PEMRA Ordinance, 2002;

(iii)       "Appellate authority" means a person or authority next higher to the appointing person or authority authorized by these Regulations to make appointment to a post;

(iv)       "Appointing authority" means a person or an authority authorized by these Regulations to make appointment to a post;

(v)        "PS" means PEMRA Scale;

(vi)       "Cadre" means the strength of the service or part of the service sanctioned as a separate title / unit;

(vii)      "Chairman" means the Chairman of the Authority;

(viii)     "Commercial employment" means employment in any capacity including that of an agent under a company, firm or individual engaged in trading or in a commercial, industrial, agricultural, financial, or professional business and also includes a directorship of such company and a partnership of such firm;

(ix)       "Day" means a calendar day;

(x)        "Departmental Promotion Committee" means a committee constituted for the purpose of promotion from one post / scale to next post / scale or so on;

(xi)       "Departmental Selection Committee" means a committee constituted for the purpose of making selection for initial appointment to posts in PS 10 and below in the Authority;

(xii)      "Director-General concerned" means the Director-General in whose jurisdiction the employee concerned is for the time being serving or, as the case may be, who is concerned with the administration of the cadre to which the post or, as the case may be, the employee belongs;

(xiii)     "Duty" includes time spent on.—

            (a)        Joining time;

            (b)        Probation;

            (c)        Apprenticeship / internship provided it is followed by appointment on regular basis;

            (d)       a course of training in or out of Pakistan after becoming a regular employee of the Authority unless otherwise specified generally or in an individual case;

            (e)        attending an obligatory departmental examination; and

            (f)        Compulsory waiting for posting.

(xiv)     "Employee" means an officer/official appointed on regular/ contract basis;

(xv)      "Family" means employee's spouse, children, step-children and parents wholly dependant upon the employee other than contractual/contingent.[2]

(xvi)     "Federal Government" means Government of Pakistan;

(xvii)    "Government" means the Federal Government;

(xviii)   "Initial appointment" means appointment made otherwise than by promotion or transfer or deputation;[3]

(xix)     "Leave Salary" means the gross emoluments paid to an employee during leave period;

(xx)      "Lien" means the title of an employee to hold, substantively either immediately or on termination of a period or periods of absence, the permanent post in which he has been confirmed;

(xxi)     "Pay" means the amount drawn monthly by an employee as:

            (a)        pay other than special pay, personal pay, qualification pay and technical pay which has been sanctioned for a post held by the employee in which he has been confirmed or which is held by him in an officiating capacity;

            (b)        special pay, personal pay, qualification pay and technical pay; and

            (c)        any other emoluments classed as pay by the Authority,

(xxii)    "Salary" means gross emoluments to the post/scale of employee;

(xxiii)   "Penalty" means a penalty prescribed in these Regulations;

(xxiv)   "Personal pay" means additional pay granted to an employee.—

            (a)        to save him from a loss of substantive pay in respect of a permanent post due to revision of pay or to any reduction of such substantive pay otherwise than as a disciplinary measure; and

            (b)        in exceptional circumstances on other personal considerations.

(xxv)    "Permanent post" means a post carrying a definite rate of pay sanctioned without limit of time;

(xxvi)   "Prescribed" means prescribed by or under these Regulations;

(xxvii)  "Prescribed form" means a form prescribed under these Regulations and includes a form approved by the Chairman from time to time;

(xxviii) "Probation" means the period of one or two years from the date of joining for which an employee is placed on trial in a vacancy on initial appointment or otherwise;

(xxix)   "Provincial Government" means Government of a province;

(xxx)    "Selection Board" means the Selection Board constituted by the Authority from time to time;

(xxxi)   "Service" means the service constituted under these Regulations;

(xxxii)  "Special pay" means an addition of pay to the emoluments of a post or of an employee in consideration of:–

            (a)        the specially arduous nature of the duties;

            (b)        specific addition to the work or responsibility; or

            (c)        un-healthiness of the locality in which work is performed.

(xxxiii) "Subsistence grant" means a monthly grant made to an employee who is not in receipt of pay or leave pay; and

(xxxiv) "Time scale" means a pay scale including a basic pay scale, corporate scale, PEMRA pay scale and Management pay scale, which is subject to any condition prescribed in these regulations, rising periodically through increments from a minimum to a maximum.

PART II 

APPOINTMENTS

3.  Appointment.—Subject to Regulations 31 and 32 for the purpose of these Regulations, an appointment made by initial appointment, promotion or transfer in accordance with these Regulations shall be deemed to have been made on regular basis if it is made in the prescribed manner.

4.         Number and gender.—In these Regulations, unless there is anything repugnant in the subject or context, words importing the masculine gender shall be taken to include feminine and words in the singular shall include the plural and vice versa.

PART III 

GENERAL PROVISIONS

5.         Service and cadre.—(1) There shall be a service of the Authority divided into different cadres which shall [4]be specified.

(2)  The Chairman may create / sanction or re-designate posts in different cadres with the approval of the Authority. [5]

6.         Removal from and addition to cadre post.–The Chairman may from time to time, abolish or create any post(s), with the approval of the Authority. [6]

7.         Terms and conditions of service.—(1) Terms and conditions of an employee shall be as laid down in these Regulations or in such subsidiary orders and instructions which may be issued from time to time with the approval of the Chairman.

(2)        Any orders or instructions made by or issued with the approval of the Authority and in force immediately before the commencement of these Regulations shall in so far as such orders or instructions are not inconsistent with the provisions of the Ordinance, or these Regulations shall be deemed to be subsidiary orders and instructions issued under these Regulations.

(3)        In all matters not expressly provided for in these Regulations, employee shall be governed by, orders and instructions of the Federal government issued from time to time made applicable to the employee by orders of the Authority.

8.  An employee may be required to appear before a medical board.—(1) The Authority competent to fill the post held by an employee (hereinafter referred to as competent authority) may require an employee to appear for medical examination before a medical board as may be constituted by general orders or by specific order in individual cases if, in the opinion of the competent authority, the employee is suffering;

(a)        from a disease which renders him unfit for the proper and efficient discharge of his duties, or

(b)        from a disease which is communicable and is likely to endanger the health of other employees.

(2)        The competent authority shall in all cases supply to the medical board a statement showing name of the employee, name of his father or, as the case may be, her husband, designation, PS, total qualifying service and date of birth as per service record and also a succinct statement of the medical case, if possible.

(3)        If the medical board concerned, after examining the employee, certifies that the employee requires a period of absence from duty for the purpose of rest and treatment and that there is a reasonable prospect of his recovery, the competent authority may grant him leave including extraordinary leave for such period as the Medical Board recommends.

(4)        If the Medical Board, after examining the employee, certifies that the employee is permanently incapacitated for service, the findings of the Medical Board shall be communicated to the employee immediately.

(5)        The employee may, within thirty days of the receipt of the official intimation of the findings of the medical board, apply to the competent authority for review of the case by a second Medical Board.

(6)        On receipt of such an application, the case shall be referred to a reviewing Medical Board to be constituted by Chairman by specific orders in individual cases, which shall review the case.

(7)        If the reviewing medical board also certifies that the employee is permanently incapacitated for further service, the competent authority may require him to retire from service and may grant him subject to provisions of Regulations such invalid pension or gratuity as may be admissible to him under these Regulations and it may do so as if the employee had himself applied for invalid pension or gratuity.

(8)        In case the reviewing medical board holds that the employee is fit for service he should be reinstated forthwith and the period of his absence will be treated as duty. If however, the board certifies that the employee is not fit but there is reasonable prospect of his recovery, the case will be regulated under the provisions of sub-Regulation (3).

(9)        In case the employee concerned does not apply for the review of his case within 30 days of the receipt of the official intimation of the findings of the first Medical Board, the competent authority may require the employee to retire from service and may grant him invalid pension and/or gratuity as provided in these Regulations.

9.         Findings of Medical Board.—An employee who is sent for medical examination under sub-regulation (3) of Regulation 8 shall be examined by the medical board which shall submit its findings to the competent authority.

10.       Employment to be whole time.—Unless in any case it is otherwise provided, the whole time of an employee is at the disposal of the Authority.

11.       Claims to be preferred within six months.—Any claim against the Authority not preferred within six months of its becoming due shall not be paid unless the time-limit is specifically relaxed in individual cases by Chairman or a person delegated the power on his behalf in his discretion.

Provided that claims which are more than three years old shall not be paid without the previous sanction of the Chairman. Such sanction shall be granted only if there are very strong reasons to do so such as their effect on pension etc.:

Provided further that this Regulation does not apply to payment of claims on account of pension including pension of deceased pensioners, which shall be regulated by appropriate Regulation relating to withdrawn pension or payment of arrears of the pension of deceased pensioner.

PART-IV 

APPOINTMENT (GENERAL PROVISIONS)

12.       Appointment of employees.—(1) For performance of its functions, the Authority may, from time to time, employ, within the sanctioned strength, such persons and on such terms and conditions as it may consider necessary.

(2)  Without prejudice to the generality of the foregoing powers, the Authority may:

(a)        Appoint and remove its employees and exercise discipline and control over them;

(b)        Regulate and manage its organization, set up by wings within the Authority; and

(c)        Appoint advisory bodies, consultants and advisers on contract basis to advise the Authority in relation to its functions or powers subject to the fulfillment of all the legal formalities/requirements defined in these regulations:[7]

                        Provided that if no suitable regular employee in the cadre is available or otherwise does not complete the required length of service, an employee can be hired on contract for a specified period and after advertisement in newspapers as per prescribed recruitment criteria. [8]

13.       Appointments.—(1) The Authority may select persons with suitable emoluments and employ staff on such terms and conditions as it considers necessary the mention of grades is notional:–

(2)  The appointments to posts in the Authority shall generally be made by initial appointment, by contract and by promotion in accordance with these Regulations.

14.       Authorities competent to make appointment.—Authorities competent to make appointments to various posts in PEMRA shall be as follow:

S. No.

Appointments in Post

Appointing Authority

(1)

Posts in PS- 7 and above

Chairman

(2)

Posts in PS 1 to 6

Executive Member[9]

15.       Methods of appointment.—The appointment to posts shall be made by any of the following methods :

(a)        Initial appointment;

(b)        Promotion;

(c)        Contract[10]

(d)       Deputation[11]

16.       Selection Board.—(1) The Board will consider the cases of appointments of officers of PS 9 and 10 against the various posts.

(2)  The method of appointment, qualifications, experience and other conditions relating to various posts shall be as laid down in Annexure-B and C with subsequent additions / modifications by the Authority from time to time as applicable.

17.       Constitution of Selection Board.—The Selection Board shall be constituted by the Chairman for initial appointment, contract appointment and or[12] for appointment by promotion and transfer to posts in Pay Scale 7 to 10.

18.       Departmental Selection Committee.—Departmental Selection Committee shall be constituted by Chairman for initial appointment to posts in PEMRA Scale 6 and below.

19.       Departmental Promotion Board/Committee.—For appointment by promotion, the Departmental Selection Board/ Committee, shall function as departmental promotion Board/Committee.

PART V 

APPOINTMENT BY PROMOTION

20.       Selection and Non-Selection Posts for Promotion.—(1) Posts in PS 9 and 10 are selection posts promotion to which shall [13]be made on the basis of selection on merit.

(2)  Posts in PS 8 and below are non-selection posts promotion to which shall [14]be made on the basis of seniority-cum-fitness.

21.       Eligibility to Promotion.—(1) An employee possessing such minimum qualifications and conditions as may be prescribed shall be eligible for promotion to a higher post for the time being reserved for departmental promotion quota.

22.       Procedure for Promotion.—(1) Promotion to posts in PS 7 to 10 shall be made by the Chairman on the recommendation of the Selection Board/Committee.

(2)        Promotion to posts in PS 1 to 6[15] shall be made by the Executive Member on recommendation of the Departmental Promotion Committee.

(3)        Subject to these Regulations, the Selection Board or, as the case may be, the Departmental Promotion Committee, shall consider the cases of eligible employees for promotion to higher posts in the order of their seniority and either:–

(a)        Recommend an employee for promotion to the next higher post; or

(b)        Recommend an employee for supersession on the ground of his, for the time, being unfit for such promotion; or

(c)        defer consideration of the case of an employee for good and sufficient reasons like non-availability of one or more Performance Evaluation Reports or other documents or information considered necessary to enable the Board or, as the case may be, the Departmental Promotion Committee to determine his fitness for promotion, or where the employee is on deputation abroad to a foreign government, private organization or an international agency, or the employee is on extraordinary leave in Pakistan or ex-Pakistan for a period of one year or more or the employee does not possess the requisite length of service, or the employee has not undergone any prescribed training.

Provided that:

(i)         In case of deferment a vacancy shall normally be kept reserved for the employee for promotion subject to the fulfillments of promotion criteria ;

(ii)        an employee who is superseded for promotion will not be considered again for promotion unless he has earned one more Performance Evaluation Report for one full year;

(iii)       an employee superceded thrice shall not be considered for promotion again.

(iv)       an employee whose case is deferred will be considered as soon as the reason on the basis of which deferment took place ceases to exist;

(v)        an employee whose case was deferred because he was on deputation whether in Pakistan or abroad shall be considered for promotion in accordance with these Regulations; and[16]

(vi)       an employee whose case was deferred because he was on extraordinary leave, whether within or ex-Pakistan, shall be considered for promotion in accordance with the above Regulations after he resumes duty in the Authority on the expiry of the sanctioned period of his extraordinary leave.

(4)  An employee who is for the first time being posted outside his cadre in Pakistan or is on extraordinary leave in Pakistan for a period of less than one year will be considered for promotion on his turn along with his juniors and if found fit and approved by the appointing authority for promotion, his promotion shall take effect and pay of the higher post shall accrue from the date he returns to his cadre / assumes the duties of the higher post.

Provided he does so before or immediately on expiry of the approved period of deputation or, as the case may be on the expiry of the sanctioned period of the extraordinary leave failing which the approval for promotion shall stand cancelled and he will be considered for promotion only after he resumes duty in the Authority and has earned one Performance Evaluation Report covering a period of at least one year.[17]

23.  Promotion of an employee on extraordinary Leave of one Year or more in Pakistan or abroad.—An employee on extraordinary leave of one year or more in Pakistan or abroad whose case was deferred in accordance with above Regulations shall be considered in accordance with his seniority only after he resumes duty on the expiry of the sanctioned period of his extraordinary leave and earns at least one Performance Evaluation Report covering a period of not less than one year[18] from the date on which he resumes duty on expiry of the extraordinary leave.

24.       Promotion to posts in PS 8 and above subject to length of service in PEMRA.—No promotion shall be made to posts in PS 8 and above unless the employee has completed a minimum five years[19] of service in previous scale in PEMRA subject to conditions laid down in Annexure-D.

25.       Promotion cannot be claimed by virtue of seniority only.—No employee shall have a claim to be promoted to any particular post or scale by virtue of seniority only.

PART VI 

INITIAL APPOINTMENT

26.  Initial appointment to posts in PS 6 and above.

(1)        A candidate for appointment in PEMRA shall be a citizen of Pakistan.

(2)        No person who is less than 18 years of age shall be appointed by initial appointment to a post.

(3)        A person married to a person who is not a citizen of Pakistan shall not be appointed to a post in the Authority except with the prior approval of the Authority. [20]

(4)        All vacancies to be filled by initial appointment shall be advertised in National dailies.

(5)        A candidate for initial appointment must possess the educational qualifications and experience and must be within the age limit for the post as laid down in Annexure- B to these Regulations.

(6)        Chairman may relax age limit and experience up to maximum of three years[21] on initial appointment to a person having exceptional qualifications and or relevant experience. [22]

(7)        Chairman may grant up to maximum of three[23] advance increments on initial appointment to a person having exceptional qualifications and or relevant[24] experience. The employee appointed in Authority against any post can claim benefits under this provision only at the time of appointment. [25]

27.  Observance of Merit and Provincial Quota.—(1) The vacancies in all posts in PS 6 and above and such posts in PS 1 to 5 which serve the whole of Pakistan shall be filled on an all Pakistan basis in accordance with the merit and provincial or regional quotas prescribed by the Federal Government for civil posts from time to time:

Provided that where in the case of a professional or technical post the quotas cannot be observed, prior[26] sanction of the Competent [27]Authority / Chairman shall be obtained before making appointment to such post.

(2)        The vacancies in posts in PS -1 shall be filled on local basis.

(3)        The posts in each PS shall be considered separately for purposes of allocation to the prescribed merit and provincial/regional quotas.

(4)        The merit and the provincial/regional quotas in respect of the vacancies to be filled on the basis of the same advertisement should be worked out upto at least three decimal points.

(5)        The share of the province or region which cannot or is not filled by candidates belonging to that province or region shall be carried over and filled on subsequent recruitment.

(6)        The domicile and date of birth [28]of an employee as declared by him at the time of his first entry in the service of the Authority and accepted by the Appointing Authority shall be treated as final throughout his service career and no subsequent change shall be recognized for the purpose of terms and conditions of his service.

28.       Certificate of Good Conduct.—(1) No person not already in the service of the Authority or the Federal or Provincial Government or a body set up, managed or controlled by such Government shall be appointed unless he produces a certificate of good conduct and character from the principal academic officer of the academic institution last attended, and or[29] from any of the officers specified below, not being his relative, who is well acquainted with his character and antecedents:

(a)        an officer in BPS-17 and above in the service of the Federal Government or a Provincial Government; or

(b)        an Officer in PS- 7 and above or equivalent in the service of PEMRA or any Autonomous / statutory organization set up, managed or controlled by the Federal Government or a Provincial Government.

(2)  Any person, not already in the service of the Authority or the Federal or a Provincial Government, shall be required, before he is appointed, to furnish a written declaration to the effect that he has not previously been convicted by a Court of law of an offence involving moral turpitude or dismissed or retired from the service of the Federal or a Provincial Government or any body or set up, managed or controlled by such Government or a local body as a result of disciplinary action against him:

Provided that if such a declaration is subsequently proved to be false, it will amount to misconduct for which he would be liable to dismissal from service.

29.       Medical Fitness for Initial Appointment.–(1) A candidate for initial appointment must be in good mental and bodily health and free from any physical defect likely to interfere with the discharge of his duties.

(2)  Except as otherwise provided in these Regulations, no person shall be initially appointed unless he is declared physically and mentally fit in all respects and furnishes a certificate to that effect from medical board or medical officer as may be specified by the appointing authority and in the prescribed form which shall be appended to his first pay bill.

(3)  Except where the appointing authority may by order direct otherwise, the following persons are exempt from producing the medical certificate of health:

(a)        a person appointed to a post in the Authority for a period not exceeding 6 months; and

(b)        a person already in the service of the Authority who has earlier been medically examined at the time of his initial appointment by a Medical Board or, as the case may be, a medical officer by the same medical standards as are applicable to the post in which he is proposed to be appointed.

            Explanation: All persons not already in the service of Authority should ordinarily be examined by a medical board if the initial appointment is in a post in PS-7 or above and by a Civil Surgeon or equivalent in other cases.

30.       Character and Antecedents.—The character and antecedents of a candidate other than a candidate already in the service of the Authority or holding a post in the Federal Government or any Provincial Government on regular basis shall be verified and the appointment shall be made only if, in the opinion of the appointing authority, the character and antecedents are satisfactory.

PART-VII 

APPOINTMENT ON CONTRACT

31.       Procedure.—Appointment on contract or otherwise shall be made with the approval of Chairman in following circumstances:

(a)        Against Vacancies: All vacancies shall be filled after fulfillments of prescribed recruitment criteria if it is[30] necessary and in the interest of the Authority to do so.

(b)        As Consultant: When any specialized job is required to be done, not covered by post sanctioned, the appointment as consultant on contract for a specific period[31] may be made by the Chairman for that specified[32] job and at suitable remunerations after advertising in national dailies. [33]

32.       Conditions of appointment.—(1) Appointment on contract may be made on specific terms and conditions which shall be accepted by the person who is being appointed.

(2)  Notwithstanding anything contained in clause (a) of Regulation 31 the appointment on contract shall be made for specific period and given equivalence to specific grade / cadres.

PART-VIII 

PROBATION AND CONFIRMATION

33.       Probation, extension & termination of probation.—(1) A person appointed on regular basis to a post by initial appointment, promotion or transfer[34] shall be on probation for a period of one year.

(2)        The period of probation may be curtailed by the appointing authority for good and sufficient reasons to be recorded in writing or if considered necessary, it may be extended for a period not exceeding one year as may be specified at the time of appointment.

(3)        An employee appointed by initial appointment other than a person exempted from verification of character and antecedents shall not be deemed to have completed his period of probation satisfactorily until his character and antecedents have been verified as satisfactory in the opinion of the appointing authority.

(4)        The probation period shall be deemed to have been extended automatically provided no order thereon is issued after one year. [35]

(5)        Where in the opinion of the appointing authority performance or conduct of a person on probation, in respect of any post, filled by initial appointment, has not been satisfactory, he may be discharged from service during the period of probation.

(6)  Wherein the opinion of the appointing authority, performance or conduct of a person on probation, in respect of any post filled by promotion, has not been satisfactory, he may be reverted to the Post from which he was promoted or transferred during the period of probation.

34.       Eligibility for confirmation.—(1) An employee appointed by initial appointment to a post on probation shall, on satisfactory completion of his probation be eligible for confirmation in that post.

(2)        There shall be no confirmation against any temporary post.

(3)        An employee who during the period of his service was eligible to be confirmed in any Post, retires from service before being confirmed shall not, merely by reason of such retirement, be refused confirmation in such post or any benefits accruing there from.

(4)        Confirmation of an employee on a post shall take effect from the date of occurrence of permanent vacancy in that post or from the date of continuous regular officiating in such post, whichever is later.

Explanation: Confirmation means substantive appointment to a permanent post.

35.       Procedure.—(1) An employee shall not be considered for confirmation until he has completed period of probation.

(2)        After completion of the period of probation, he shall be eligible for confirmation from the date of his first joining PEMRA or the date the post is declared permanent, which ever is applicable.

(3)        An employee shall be considered for confirmation, strictly, in the order of his seniority.

(4)        The confirmation shall be approved by the appointing authority on the basis of his service record/performance.

(5)        The appointing authority may scrutinise the service record of the employee including his performance evaluation reports and determine whether he is fit for confirmation.

(6)        In case an employee is not for the time being found fit, or a disciplinary case is pending against him, the Authority, will defer the case and a vacancy shall be reserved for him.

(7)        Whenever the case of an employee is deferred, he should be considered for confirmation again as soon as the reason on the basis of which deferment took place ceases to exist or, if the deferment was due to unfitness, as soon as he has earned one or more performance evaluation reports, for one year or years.

(8)        As and when the employee is confirmed, confirmation shall take effect from the date of approval as such.

36.  Trainings.–(1) A yearly plan for the trainings of officers/officials including promotion related trainings shall be prepared by the concerned wing. The areas to be covered in these trainings will primarily include finance law, technical knowledge, management, office procedure and practices and any other job related skills.[36]

2.  An employee on official training shall be regarded as on duty.[37]

37.       Lien.—(1) Unless in any case or otherwise provided in these Regulations and subject to successful completion of probation period an employee on confirmation in a permanent post acquires a lien on that post and ceases to hold any lien previously acquired on any other post.

(2)        An employee cannot be confirmed in two or more permanent posts at the same time.

(3)        Except as otherwise specifically provided in these Regulations an employee cannot be confirmed in a post on which another employee has been confirmed and has acquired a lien.

38.       Retention of lien.—Unless his lien is suspended an employee confirmed in a permanent post retains a lien on that post:

(a)        while performing duties of that post,

(b)        while on deputation outside the Authority,

(c)        while holding a temporary post or officiating in another post,

(d)       during joining time on transfer to any other post unless he is transferred Substantively to a post on lower pay in which case his lien is transferred to the new post from the date on which he is relieved of his duties of the old post,

(e)        while on leave; and

(f)        while under suspension.

39.       Suspension of lien.—(1) The appointing authority may at its option suspend the lien of an employee on a permanent post in which he is confirmed if the employee is transferred on deputation outside the Authority or is transferred or appointed to another post in another cadre and if in any of these cases there is reason to believe that he would remain absent from the post on which he holds a lien for a period of not less than three years.

(2)        If the lien of an employee on a post is suspended under sub-Regulation (1) of this Regulation another employee eligible for confirmation may be provisionally confirmed in that post provided the arrangement shall be automatically reversed as soon as the officer / official suspended lien revive.

(3)        The lien of an employee which has been suspended shall revive as soon as he ceases to be on deputation or ceases to hold a post in another cadre provided that the suspended lien shall not revive because the employee takes leave if there is reason to believe that he will on return from leave, continue to be on deputation or to hold a post in another cadre and the total period of absence of duty will not fall short of three years.

(4)        When it is known that the employee transferred to a post outside his cadre is due to retire on superannuation within 3 years of his transfer, his lien on the permanent post shall not be suspended.

40.       When lien cannot be terminated.—The lien of an employee on a post may in no circumstances be terminated, even with his consent, if the result will be to leave him without a lien or suspended lien on a permanent post.

PART-IX 

SENIORITY

41.  Particular seniority not a vested right.—For proper administration of a cadre or post, the appointing authority shall cause a seniority list of the members for the time being of such cadre or holders of such posts to be prepared but nothing herein contained shall be construed to confer any vested right to a particular seniority in such cadre or post.

42.       Seniority in relation to other employees.—Subject to these Regulations seniority of an employee shall be reckoned in relation to other employees belonging to the same cadre or post, whether serving in the same cadre or post or not, as is provided in these Regulations.

43.       Seniority on initial appointment.—Subject to these Regulations the seniority of an employee on initial appointment to a cadre or post shall take effect from the date of regular appointment to the post to which he has been initially appointed:

Provided that:

(a)        Persons initially appointed on the recommendations of Selection Board or as the case may be through an earlier open advertisement shall rank senior to those appointed through a subsequent open advertisement.

(b)        If two or more persons are recommended in open advertisement by the Selection Board / Committee or as the case may be their inter se seniority shall be determined in order of merit assigned by the Selection Committee.

44.       Seniority on promotion.—Subject to these Regulations, seniority in a cadre or post to which an employee is promoted shall take effect from the date of regular appointment to that post:

Provided that–

(a)        employees selected for promotion to a higher post on an earlier date shall, be senior to those subsequently selected for such promotion;

(b)        the employees who are selected for promotion to a higher post in one batch shall, on their promotion to the higher post, retain their inter se seniority as in the lower post; and

(c)        an employee eligible for promotion who is inadvertently omitted from consideration in the original reference or whose case is held up in circumstances beyond his control, while his junior or juniors are promoted to the higher post, shall, when he is subsequently considered and is promoted without any supersession, take his seniority with the original batch.

45.       Seniority of the officers of the Armed Forces on appointment on contract in the Authority.—Retired officers of the Armed Forces employed on contract shall not be assigned any seniority and their names shall not be placed on the regular seniority list of the employees concerned.

46.       Date of regular appointment of persons of one batch.—If two or more persons are selected for initial appointment or, for promotion in one batch, the earliest date on which a person of that batch assumes charge of the post after approval of such appointment by the appointing authority shall be deemed to be the date of regular appointment of all persons of that batch for purposes of seniority only.

47.       Inter se seniority of employees appointed by promotion or initial appointment in the same Calendar Year.–Employees promoted to higher posts in a particular calendar year shall as a class be senior to those appointed by initial appointment to such posts in that year.

PART-X 

APPOINTMENT BY DEPUTATION

48.       Procedure.—Appointment by deputation to a post may be made in the interest of the Authority.

49.       Conditions of Deputation.—(1) Posts in PEMRA may be filled by deputation of employees of other organization only under the following conditions;–

(a)        If any vacant post is available against which no regular officer/official possessing relevant skills / qualification is available or does not meet the required length of service.[38]

(b)        The person opted for deputation must possess relevant qualification, skills and experience for the said post. [39]

(c)        NOC from the parent department of the employee proposed to be appointed on deputation, has been obtained.

(d)       Employee holds post on regular basis in the same basic pay scale or equivalent in his parent department in which the post is placed in PEMRA.

(e)        The borrowed employee would be scrutinized / interviewed by the selection committee appointed by the competent authority for appointment, as the case may be, before hiring of person on deputation in PEMRA.[40]

PART-XI 

APPOINTMENT ON ACTING CHARGE BASIS

50.  Circumstances in which acting charge appointment may be made.—(1) Where the appointing authority considers it to be in the public interest to fill a post in PS 8 or above reserved for promotion and the senior and suitable regular employee having minimum of three years of service[41] belonging to the cadre concerned who is otherwise eligible for promotion does not possess the length of service as specified in these Regulations, the appointing authority may appoint him to the post on acting charge basis.

(2)  On appointment on acting charge basis, the employee shall assume full duties and responsibilities of the post and exercise all statutory, administrative and financial powers vested in the regular incumbent of the post.

(3)        So long as an employee holds the acting charge appointment, an employee junior to him shall not be considered for promotion on regular basis but he may be appointed to a higher post on acting charge basis.

(4)        In the case of a post in PS-7 and above reserved for initial appointment, where the appointing authority is satisfied that no suitable employee in the relevant pay scale in which the post exists is available in that category to fill the post and it is expedient to fill the post, may appoint to that post on acting charge basis the most senior and suitable[42] employee otherwise eligible for promotion in the cadre concerned.

(5)        Acting charge appointment shall be made against posts, which are likely to fall vacant for a period of six months or more. In vacancies occurring for less than 6 months, current charge appointment may be made in accordance with these Regulations.

(6)        Appointment on acting charge basis shall be made on the recommendations of the Departmental Promotion Committee or Selection Board as the case may be.

(7)        Appointment on acting charge basis shall not amount to promotion on regular basis for any purpose including seniority.

(8)        Acting charge appointment shall not confer any vested right for regular promotion to the post held on acting charge basis.

(9)        An employee during the period he holds charge of a post on acting charge basis shall draw pay equal to the minimum stage at which his pay would have been fixed had he been appointed to that post on regular basis but the service rendered on acting charge basis in the scale applicable to the post shall have to be counted for increment in that scale from the date on which he completes the length of service specified in these Regulations:

Provided that the service rendered on acting charge basis irrespective of the completion of the specified length of service shall count towards increment in the scale of the post held immediately before appointment on acting charge basis so that on reversion of the employee from the acting charge appointment his pay in the lower post is fixed at the stage which he would have reached had he not been appointed to the higher post:

Provided further that if at any time during his appointment on acting charge basis the pay of the employee in the lower post exceeds his pay on acting charge appointment, he will draw his pay of the lower post.

PART-XII 

ADDITIONAL CHARGE & CURRENT CHARGE OF POSTS

51.  Additional charge of an equivalent post.—(1) If a post falls vacant and it is not possible to fill it immediately in the prescribed manner, the work of the post should, as far as possible, be distributed among more than one employee of the same status and designation.

(2)  However, where this is not feasible, the charge of the vacant post may be entrusted in its entirety, with the approval of the Chairman[43]/Executive Member as the case may be to another employee at the same station.

(3)        This arrangement shall not be made for a period of less than one month or more than six months.

(4)        The Chairman may further extend the additional charge for such period or periods as he may deem fit if he is satisfied that there is sufficient justification to do so.

52.  Current charge of a higher post.—(1) Where a temporary vacancy occurs for not more than six months or when a regular vacancy occurs and no arrangement for carrying out the day to day routine work of the post is possible, the charge of the vacant post may, with the approval of the authority competent to make appointment to that post, be given temporarily, in addition to the duties of his own post, to the senior and suitable[44] employee in the cadre present at the place if he is otherwise fit and eligible for promotion.

(2)  This arrangement shall be subject to the following conditions:—

(a)        The arrangement shall not be made for a period of less than one month and should not exceed six months with the approval of Chairman[45]/Executive Member as the case may be:[46]

                        Provided that any extension beyond six months shall require prior [47]approval of the Chairman.

(b)        As soon as the current charge is given, a proposal for regular appointment should be initiated and processed; and

(c)        In making current charge arrangement, the senior and suitable[48] employee of the cadre and present at the place where the vacancy may have occurred, if he is otherwise fit and eligible for promotion may[49] be considered.

                        Provided that in the case of current charge appointments to posts in PS-8 or above, the length of service specified in these Regulations shall not apply.

PART-XIII

53.  Absorption of a person on Deputation in the Authority.—(1) A person serving in the Authority on deputation basis may be appointed on regular basis to an equivalent post for which he is considered suitable by the Authority subject to the following conditions:

(a)        He holds the equivalent post on regular basis in the lending organization;

(b)        If the recruitment relating to that post contain a provision for appointment on deputation;

(c)        Person concerned possesses the relevant qualification / experience prescribed for initial recruitment to that gost;

(d)       The lending organization to which he belongs agrees to such appointment in the Authority;

(e)        For the purpose of absorption, he seeks retirement from the lending organization if he has completed the qualifying service for such retirement otherwise he shall have to resign his post for appointment to a post in the Authority.

(f)        Save as may otherwise be provided by Regulations, no benefit of his previous service shall be admissible to for any purpose including seniority in the Authority;

(g)        He will need specific approval of the competent authority for employment in PEMRA during LPR or within 2 years of his retirement. In case the competent authority declines permission, further employment, in PEMRA will not be made;

(h)        A civil servant desiring regular appointment in PEMRA who has not completed 25 years of service qualifying for pension and other retirement benefits has to resign from his post in the Government. A civil servant who has completed 25 years of service can seek voluntary retirement under the law;

(i)         Such absorption is to be made on the recommendations of the Departmental Promotion Committee /Selection Board, as the case may be, and with the approval of Chairman; which shall be treated as "initial appointment".

PART-XIV 

LEAVE

54.  Grant of Leave.—An employee shall be allowed leave in accordance with these Regulations provided that the grant of leave will depend on the exigencies of service and at the discretion of the authority competent to grant leave.

55.       Authorities competent to grant leave.—The authorities competent to grant leave, shall be as follows:–

(i)         Ex-Pakistan leave (all employees)       Chairman

(ii)        For employees in PS 9 and above       Chairman[50]

(iii)       For employees in PS 1 to 8                 Executive 

Member[51]

56.       Leave cannot be claimed as a matter of right.—(1) Leave cannot be claimed as a matter of right.

(2)  The grant of leave shall depend on the exigencies of service.

Provided that when the exigencies of service or the interests of the Authority so require the discretion to grant, refuse or revoke leave of any kind is reserved to the authority empowered to grant it.

57.       Earning of Leave.—(1) Leave is earned by duty only.

(2)        Leave is not reckoned as duty for purposes of earning leave.

(3)        The leave earned but not taken by an employee or allowed to him during the period of deputation in Pakistan or outside, the leave will be credited to leave account of the employee on his resumption of duty in PEMRA on termination of his deputation.

(4)        Encashment of leave shall not be admissible in the case of an employee on deputation in Pakistan outside the Authority on the basis of these Regulations.

(5)        Earned leave to employee on deputation in PEMRA would be admissible to the extent of leave earned during period served in PEMRA.[52]

58.       Earning and Accumulation of Leave.—(1) An employee shall earn leave only on full pay which shall be calculated at the rate of four days for every calendar month of the period of duty rendered and credited to the leave account as "Earned Leave on Full pay", duty period of fifteen days or less in a calendar month being ignored and that of more than fifteen days being treated as a full calendar month for the purpose.

(2)        If an employee proceeds on leave during a calendar month and returns from it during another calendar month and the period of duty in either month is more than fifteen days, the leave to be credited for both the incomplete months shall be restricted to that admissible for one full calendar month only.

(3)        There shall be no maximum limit on the accumulation of such leave.

(4)        The employees shall have the option to encash, at the end of each calendar year, the leave earned in a particular calendar year up to maximum of 30 days. Once the leave is encashed, the same shall not be credited to employee's leave account.[53]

59.       Earned Leave on Full Pay.—The maximum period of earned leave on full pay that may be granted at one time shall be as follows:—

(a)        Without medical certificate    120 days

(b)        With medical certificate          180 days

(c)        On medical certificate from leave 

account in entire service.         365 days

Explanation.–Leave on half pay converted into leave on full pay on the strength of medical certificate and leave on full pay on medical certificate taken by an employee before commencement of these Regulations shall be debited against the maximum limit of 365 days fixed under this Regulation.

60.  Leave on Half Pay.—(1) Earned Leave on full pay may, at the option of the employee, be converted into earned leave on half pay; the debit to the leave account will be at the rate of one day of the former for every two days of the latter, fraction of one-half counting one full day's leave on full pay.

(2)        The request for conversion of earned leave referred to shall be specified by the employee in his application for the grant of leave.

(3)        There shall be no limit on the grant of earned leave on half pay so long as it is available by conversion in the leave account.

61.       Earned Leave to be applied and sanctioned in terms of days.—Earned leave shall be applied for, expressed and sanctioned in terms of days.

62.       Extraordinary Leave.—(1) Extraordinary leave may be granted in special circumstances when no other leave is admissible under these Regulations or, while the leave being admissible, the employee applies in writing for the grant of extraordinary leave.

(2)        Such leave may be granted at the discretion of the leave sanctioning authority if it is satisfied that good and sufficient reasons exist for its grant.

(3)        The extraordinary leave may be granted upto the maximum of 5 years at a time in the case of an employee who has been in continuous service for a period of not less than eight years and upto the maximum of 2 years if the employee has not completed eight years of continuous service:

Provided that the maximum period of five years shall be reduced by the period of earned leave on full pay or half pay, if granted in combination with the extraordinary leave.

(4)        Extraordinary leave may be granted to commute retrospectively absence without leave into extraordinary leave.

(5)        No leave pay shall be admissible during extraordinary leave.

63.       Recreation leave.—(1) Recreation leave may be granted for fifteen days once in a calendar year.

(2)        The debit to the leave account may, however, be for ten days earned leave on full pay.

(3)        The concession in these Regulations shall be available to those employees only who do not avail themselves of recreation leave in lieu of 10 days casual leave in a calendar year.

64.       Earned Leave not Due.—(1) Earned Leave not due may be granted on full pay to offset against leave to be earned in future, for the maximum period of three hundred and sixty five days in the entire period of service, subject to the condition that during the first five years of service it shall not exceed ninety days in all.

(2)        Such leave may be converted into earned leave on half pay.

(3)        Such leave shall be granted only when there are reasonable chances of the employee resuming duty on the expiry of leave.

(4)        Such leave shall be granted sparingly and to the satisfaction of the sanctioning authority and shall be granted only to a confirmed employee.

(5)        When an employee returns from leave not due which was debited against his leave account, no earned leave will become due to him until the expiration of a fresh period spent on duty sufficient to earn a credit of earned leave equal to the period of earned leave which he took before it was due.

65.       Iddat Leave.—(1) A female employee, on the death of her husband, may be granted Iddat leave on full pay calculated according to these Regulations when applied, for a period not exceeding one hundred and thirty days:

Provided that such leave shall commence from the date of death of her husband:

Provided further that for this purpose she shall produce death certificate issued by the competent authority either alongwith her application for Iddat leave or, if that is not possible, the said certificate may be furnished to the leave sanctioning authority separately but as soon as possible.

(2)  Iddat leave shall not be debited to her leave account.

66.       Maternity Leave.—(1) Maternity leave on full pay calculated according to these regulations may be granted to a female employee to the extent of ninety days in all from the date of its commencement or 45 days from the date of her confinement, whichever be earlier:

Provided that such leave shall not be debited to her leave account. However, a record shall be kept.

(2)        Such leave may not be granted for more than three times in the entire service of a female employee.

(3)        For confinement beyond the third one, the female employee may take earned leave from her normal leave account.

(4)        The spells of maternity leave taken prior to the coming into force of these Regulations shall be deemed to have been taken under these Regulations.

(5)        Leave of any other kind including extraordinary leave as may be due and admissible may be granted in continuation of or in combination with, maternity leave.

67.       Hospital Leave.—(1) The employees may be granted, on such medical advice as the leave sanctioning authority, may consider necessary, hospital leave while under medical treatment for illness or injury if such illness or injury is directly due to risks incurred in the course of official duties.

(2)        The hospital leave may be granted on full pay or half pay calculated according to these regulations as the authority granting it may consider necessary.

(3)        The amount of hospital leave which may be granted to an employee is limited to 90 days on full pay in any period of three years.

(4)        The hospital leave on full pay may be converted, with the approval of the leave sanctioning authority, into leave on half pay.

(5)        Hospital leave on half pay for the purpose of this limit counts as half the amount of hospital leave on full pay.

(6)        Hospital leave is not debited against the leave account of earned leave on full pay.

(7)        Hospital leave may be combined with any other kind of leave which may be due and admissible provided that the total period of leave after such combination shall not exceed seven hundred and twenty days.

68.       Disability Leave.—(1) Disability leave may be granted, outside the leave account on each occasion, up to the maximum of seven hundred and twenty days on such medical advice as the authority competent to sanction leave may consider necessary, to an employee other than an employee specified in Regulations disabled by injury, ailment or disease contracted in course or in consequence of duty or official position.

(2)  The leave pay during disability leave shall be equal to full pay for the first one hundred and eighty days and to half pay for the remaining period calculated according to these regulations.

69.       Earned Leave Ex-Pakistan.—(1) Earned Leave ex-Pakistan on full pay may be granted by the Chairman to all employees, who applied for such leave or who proceeds abroad during leave, or takes leave while posted abroad or is otherwise on duty abroad, and makes a specific request to that effect.

(2)        Earned Leave ex-Pakistan shall be regulated and be subject to the same limits and conditions as prescribed in these Regulations.

(3)        Leave pay shall be drawn in rupees in Pakistan irrespective of the country where leave is spent.

(4)        Subject to sub-regulations (2) and (3) leave pay shall be payable for the actual period of leave spent abroad subject to the maximum of one hundred and twenty days at a time.

70.       Study Leave.—(1) Study leave may be granted as additional leave to an employee for the study of scientific, technical or similar nature, or in order to undertake special courses of instruction.

(2)        Extra leave on half pay for the purpose of study leave may be taken either in or outside Pakistan.

(3)        Study leave shall be granted to an employee of the Authority with at least three years service to his credit. It shall not be granted to an employee within three years of the date on which he has the option of retiring or who has attained the age of 55.

(4)        Study leave shall not be granted to an employee against whom disciplinary action is in progress.

(5)        The study leave may be granted with due regard to the exigencies of service and subject to the condition that the employee proves it to the satisfaction of the sanctioning authority that he is actually proceeding for specific studies:

Provided that a period of 24 months in case of Masters and 36 months in case of Ph.D studies at one time shall ordinarily be regarded as the suitable maximum and may not be exceeded save for exceptional reasons.

(6)        An employee whose study leave is combined with any other kind of leave should be required to take his period of study leave at such a time as to retain, at its conclusion, a balance of other previously sanctioned leave sufficient to cover the period spent in returning to duty.

(7)        When an employee has been granted a definite period of study leave and finds subsequently that his course of study will fall short of the sanctioned period to any considerable extent, his absence from duty should be reduced by the excess period of study leave unless he produces the assent of the sanctioning authority in Pakistan to his taking it as ordinary leave.

(8)        Except as provided all applications for study leave shall be submitted through the Human Resource Wing[54] to the sanctioning authority for approval through the prescribed channel and the course or courses of study contemplated and any examination which the candidate proposes to undergo should be clearly specified therein.

Provided that the application shall accompany proof of admission along with detail regarding length of study, recognition of the institution by HEC etc.[55]

(9)        An employee on earned leave ex-Pakistan who wishes to convert part of the earned leave into study leave or to undertake a course of study during earned leave, should before commencing study and before incurring any expenses in connection therewith, submit a programme of his proposed course of study to the sanctioning authority for approval.

(10)      The programme shall be accompanied by an official syllabus of the course, if one is available, and by any documentary evidence.

(11)      An employee granted study leave is ordinarily required to meet the cost of fees paid for courses of study.

Provided that in exceptional cases the Authority may consider proposals to pay the fee for courses of studies of its employees.

(12)      On completion of a course of study a certificate together with certificate of examinations passed or of special study shall be forwarded to the authority which sanctioned the earned leave.

(13)      Study leave will count as service for promotion and pension but not for leave.

(14)      During study leave an employee will draw half pay as calculated according to these regulations.

71.       Leave Preparatory to Retirement.—(1) The maximum period upto which an employee may be granted leave preparatory to retirement shall be three hundred and sixty five days.

(2)  Leave preparatory to retirement may be taken, subject to availability, either on full pay, or partly on half pay, or entirely on half pay, at the discretion of the employee.

72.       Encashment of refused Leave Preparatory to Retirement.—(1) If in case of retirement on superannuation or voluntary retirement on completion of twenty five years qualifying service an employee cannot, for reasons of public service, be granted leave preparatory to retirement duly applied for in sufficient time, he shall in lieu thereof be granted lump-sum leave pay for the leave refused to him subject to the maximum of one hundred and eighty days.

(2)        Such leave can be refused partly and sanctioned partly but the cash compensation shall be admissible for the actual period of such leave so refused not exceeding one hundred and eighty days.

(3)        The payment of leave pay in lieu of such refused leave may be made to the employee either in lump sum at the time of retirement or may, at his option, be drawn by him month-wise for the period of leave so refused.

(4)        For the purpose of lump-sum payment in lieu of such leave, only the "senior post allowance" will be included in "leave pay" so admissible.

(5)        In case an employee on leave preparatory to retirement dies before completing the period of such leave, his family shall be entitled to lump-sum payment equal to the period falling short of that period.

73.       Power to refuse Leave Preparatory to Retirement.—(1) Ordinarily, leave preparatory to retirement shall not be refused.

(2)  All orders refusing leave preparatory to retirement to an employee and recalling an employee from leave preparatory to retirement shall be passed only by the authorities specified below:

S.No.

Category of employees

Leave Refusing/Re-calling authority

(i)

For employees holding posts in PS-7 and above.

Chairman

(ii)

For employees holding posts in PS 1 to 6

Executive Member[56]

(3)        The authorities specified in sub-Regulations (2) shall not delegate these powers to any other authority.

(4)        All proposals regarding refusal of such leave to an employee shall be referred to the competent authority or, as the case may be, with detailed justification at least three months before an employee is due to proceed on such leave.

74.  Encashment of Leave preparatory to retirment at the option of the employee.—(1) An employee may, fifteen months before the date of superannuation or, as the case may be, before completion of twenty five years qualifying service, at his option, be allowed to encash his leave preparatory to retirement if he undertakes in writing to perform duty in lieu of the whole period of three hundred and sixty-five days or lesser period of such leave which is due and admissible:

Provided that an employee who does not exercise the option within the specified period shall be deemed to have opted for encashment of leave preparatory to retirement:

Provided further that employee on deputation shall not be eligible to claim LPR leave encashment from PEMRA.[57]

(2)        In lieu of such leave, leave pay be claimed for the actual period of leave subject to the maximum of one hundred eighty days.

(3)        If at any time during such period, leave is granted on account of ill health supported by medical certificate or for performance of Hajj, the amount of cash compensation on account of leave pay shall be reduced by an amount equal to the leave pay for half the period of leave so granted.

(4)        The employee shall submit the option to the authority competent to sanction leave preparatory to retirement, who shall accept the option and issue formal sanction for the payment of cash compensation.

(5)        For the purpose of payment in lieu of such leave:

(a)        the rate of pay shall be the rate admissible at the time of the leave pay is drawn;

(b)        the leave pay may be drawn at any time for the period for which duty has already been rendered; and

(c)        only the "Senior Post Allowance" shall be included in the leave pay as admissible.

75.       Lump-Sum payment in Lieu of Leave in case of in-Service death or Invalidment.—(1) In case an employee dies, or is declared permanently incapacitated for further service by a Medical Board, while in service, a lump-sum payment equal to leave pay for the admissible period of the leave preparatory to retirement out of the leave at his credit shall be made to his family as defined for the purposes of family pension or as the case may be, to the employee.

(2)  For the purpose of lump-sum payment under sub-rule (1) only the "Senior Post Allowance" shall be included in the "leave pay".

76.       Leave on the grounds of Illness.—(1) Unless otherwise decided by the leave sanctioning authority, an application for leave on the ground of illness shall be accompanied by a medical certificate granted by the authorised medical attendant concerned of the Authority or in the case of outstation, by a Government medical officer or registered medical practitioner in the prescribed form:

Provided that the authority competent to sanction leave may, at its discretion, secure a second medical opinion from such medical authority or Medical board, as the case may be, as may be specified.

(2)  Grant of a medical certificate does not in itself confer upon the employee concerned any right to leave:

Provided that the order of the authority competent to grant leave to whom the medical certificate is submitted shall be awaited.

77.       Leave due and report on admissibility of Leave.—(1) The amount of leave due to an employee is the balance of leave at his credit in the leave account.

(2)  No leave may be granted until a report on the admissibility of leave has been obtained.

78.       Commencement and end of Leave.—(1) Leave ordinarily begins on the day on which an employee hands over the charge of his post and ends on the day preceding the day on which charge is resumed.

(2)        If holidays are prefixed to leave, the leave shall commence with effect from the first day after the holiday.

(3)        If holidays are suffixed to leave, the leave shall end on the day on which the leave would have ended if holidays had not been suffixed.

79.       Recall from Leave.—(1) All orders recalling an employee to duty before the expiry of his leave should state whether the return to duty is optional or compulsory.

(2)        If the return is optional the employee is entitled to no concession. If it is compulsory he is entitled to concessions specified in the succeeding sub-Regulations.

(3)        If the leave from which he is compulsorily recalled is in Pakistan, which he is spending away from his headquarters, he may be granted a single return fare plus daily allowance as admissible on tour from the station where he is required to report for duty.

(4)        In case the employee is recalled to duty and his remaining leave is cancelled, the fare then admissible shall be for one way journey only.

(5)        If the leave from which he is compulsorily recalled is out of Pakistan, he is entitled to receive a free passage to and from Pakistan and to draw single return fare for the journey in Pakistan provided that if the remaining leave is cancelled, the fare shall be for one way journey only.

(6)        Recall from leave in Pakistan shall require previous approval of the Chairman.

(7)        An employee may be recalled from leave out of Pakistan with the previous approval of the Chairman if such a recall is unavoidable.

80.       Absence after the end of sanctioned Leave.–(1) Unless the leave of an employee is extended by the leave sanctioning authority, an employee who remains absent after the end of his leave shall not be entitled to any remuneration, pay or salary for the period of such absence.

(2)  Without prejudice to any disciplinary action that may be taken against him, double the period of such absence shall be debited against his leave account. If there is insufficient credit in the leave account such debit shall be adjusted against future earning.

81.       Any kind of Leave may be applied.—An employee may apply for any kind of leave which is due and admissible to him and it shall not be refused on the ground that another kind of leave should be taken in the particular circumstances.

82.       Combination of different kinds of Leave.—One kind of leave may be combined with joining time of any other kind of leave otherwise admissible to the employee (except casual leave).

Provided that leave preparatory to retirement shall not be combined with any other kind of leave.

83.       An employee on Leave not to join duty before its expiry without Permission.—Unless he is permitted to do so by the authority which sanctioned his leave, an employee on leave may not return to duty before the expiry of the period of leave granted to him.

84.       Leave due may be granted on abolition of post.—(1) When a post is abolished, earned leave due to the employee, whose services arc terminated in consequence thereof, shall be granted without regard to the availability of a post for the period of leave.

(2)  The grant of earned leave in such cases shall, so long as the employee concerned does not attain the age of superannuation, be deemed automatically to have also extended the duration of the post and the tenure of its incumbent.

85.       Manner of handing over Charge when proceeding on Leave.—(1) An employee proceeding on leave shall hand over the charge of the post, and if he is holding a post in basic pay scale 16 and above, he shall, while handing over charge of the post, sign the charge relinquishment report.

(2)  If leave ex-Pakistan has been sanctioned on medical grounds, the employee shall take abroad with him a copy of the medical statement of his case.

86.       Assumption of Charge on return from Leave.—(1) An employee, on return from leave, shall report for duty to the authority that sanctioned his leave and assume charge of the post to which he is directed by that authority unless such direction has been given to him in advance.

(2)        An employee who proceeds on earned leave on full pay not exceeding one hundred and twenty days may, as far as possible and practicable, be given charge of the post from which he proceeded on leave.

(3)        The provision shall not be construed to vest any right in the employee to claim that he should be posted to the post from which he proceeded on leave.

87.       Human Resource Wing [58]to maintain Leave account.—(1) Leave account in respect of an employee shall be maintained in the prescribed form as part of his service record.

(2)  The Human Resource Wing[59] shall maintain the leave accounts of employees.

88.       Leave to lapse when an employee quits Service.—(1) All leave at the credit of an employee shall lapse when he quits service whether by retirement or otherwise.

89.       Leave Pay.—(1) Leave pay admissible to an employee during earned leave on full pay shall be the greater of:

(a)        the average monthly pay earned during the twelve complete months immediately preceding the month in which the earned leave begins; and

(b)        the rate equal to the rate of pay drawn on the day immediately before the beginning of the leave.

(2)        When earned leave on half pay is taken, the amounts calculated under clauses (a) and (b) of sub-Rule (1) shall be halved to determine the greater of the two rates.

(3)        An employee shall be entitled to leave at the revised rate of pay, if a general revision in pay of the employee takes place or an annual increment occurs during the period of leave of employee.

(4)        In case an employee is permitted to take up any service or accept any employment during leave preparatory to retirement under Regulation, leave pay shall be restricted to the amount of anticipated pension.

(5)        No subsequent adjustment of such leave pay shall be made on the basis of actual pension / gratuity.

90.       Quarantine Leave.—An employee may be granted quarantine leave outside his leave account to the extent the competent medical authority recommends and the period of such leave shall be treated as duty with full pay and allowances of the post held by him at the time of proceeding on leave.

91.       Leave Application.—(1) Except where otherwise slated, an application of leave or for an extension of leave must be made to the leave sanctioning authority through proper channel and the extent of leave due and admissible shall be stated in the application.

(2)        A report on admissibility of leave shall be necessary before the leave is sanctioned.

(3)        When an employee submits a medical certificate for the grant of leave, it shall be by the authorised medical attendant or if he falls ill outside the station, by a Government medical officer or a registered medical practitioner in the prescribed form.

(4)        An employee who has submitted an application for leave must wait for sanction of leave.

(5)        An employee who wishes to spend his leave elsewhere than his headquarters station shall take permission of the authority sanctioning the leave before leaving his headquarters station and keep it advised of the change of address.

(6)        These Regulations shall also apply to employees who leave the headquarters station during holidays.

92.       Return to duty from Leave on Medical Certificate.—No employee who has been granted leave on medical certificate may return to duty without first producing a medical certificate of fitness in the prescribed form.

93.       Employment during Leave not permissible without Prior Approval of the Chairman.—(1) An employee on leave may not take any service or accept any employment without obtaining prior approval of the Chairman.

(2)  However, such permission shall be granted only during leave preparatory to retirement if the employee actually proceeds on such leave:

Provided that an employee who has been granted permission to take any service or accept any employment during leave preparatory to retirement shall be precluded from withdrawing his request for permission to retire and returning to duty.

Explanation.–These Regulations shall not be construed as permitting an employee who avails himself of leave on medical certificate to undertake any employment during such leave.

94.       Leave not admissible during Suspension.—Leave shall not be granted to an employee under suspension.

95.       Casual Leave.—(1) Casual Leave is technically not treated as absence from duty and the employee's pay is not terminated:

(2)  Casual leave must not, however, be given so as to cause evasion of the Regulations regarding:

(a)        date of reckoning pay and allowances;

(b)        charge of duty;

(c)        commencement and end of leave; and

(d)       return to duty; or so as to extend the term of leave beyond the time admissible under these Regulations.

96.       Maximum amount of Casual Leave in a Year.—(1) Casual leave shall be admissible for the maximum period of 20 days in a calendar year.

(2)  No one can claim the maximum number of days of casual leave as a matter of right.

(3)        Casual leave at one time shall not exceed 10 days.[60]

(4)        The Regulations requiring an employee to take permission to leave headquarters station shall also apply to employees who want to spend their casual leave elsewhere than at their headquarters station.

97.       Casual Leave Account.—A proper record of casual leave shall be maintained in the prescribed form.

98.       Prefixing and Suffixing Holidays.–(1) Casual leave may be prefixed or suffixed to a closed or optional holiday.

(2)  If a closed or optional holiday falls between two days of casual leave, it shall be counted as casual leave.

99.       Casual Leave Ex-Pakistan.—The Chairman in the case of an employee holding a post in PS-10 and above and any other officer authorized by the Chairman, in other cases may permit an employee to avail himself of casual leave ex-Pakistan in special circumstances subject to the condition that the limit of 20 days is not exceeded.

100.     Authorities Competent to grant Casual Leave.—(1) Casual leave to employee holding various scales / grades will be allowed as under:–

(i)         MP-II / BPS-21/PS-11            Chairman[61]

(ii)        PS10                                        Executive Member[62]

(iii)       All Heads of wings for their subordinates staff at Headquarters. [63]

(iv)       RGM for all subordinate staff in the Regional offices. [64]

(2)  An application for grant of leave under sub-regulation (1) shall be made through the officer to whom the employee is reporting.

101.     Joining Time.—(1) The joining time is granted to an employee to enable him:

(a)        to join a new post to which he is appointed while on duty in his old post; or

(b)        to join a new post:

            (i)         on return from leave on full pay not exceeding 120 days;

            (ii)        when he has not had sufficient notice regarding his appointment to the new post, on return from any leave other than that specified in (i) above; or

            (iii)       to travel from the port of disembark or in case of air journey from first airport of call in Pakistan to organize his domestic HR, when he returns from leave out of Pakistan for more than 120 days.

102.     Joining time treated as duty.—An employee on joining time shall be regarded as on duty and shall be entitled to be paid as follows:

(a)        if on joining time he would be entitled to the pay which he would have drawn if he had not been transferred or the pay which he will draw on taking charge of his new post, whichever is less; or

(b)        if on joining time the leave pay to which he is entitled under these Regulations but no joining time pay is admissible on return from extraordinary leave except extraordinary leave not exceeding 14 days in continuation of other leave.

103.     Not joining the post within joining time.—(1) An employee who does not join his post within his joining time is not entitled to any pay or leave pay after the end of joining time.

(2)  Willful absence from duty after the expiry of joining time may be treated as misconduct for purposes of taking disciplinary action against the employee concerned.

104.     Calculation of joining time.—(1) Not more than one day is allowed to an employee to join a new post when the appointment to such post does not necessarily involve a change of residence from one station to another.

Explanation: A holiday counts as a day for this purpose.

(2)        The joining time of an employee involving transfer from one station to another is subject to the maximum of 30 days.

(3)        Six days are allowed for preparation and in addition, a period to cover the actual journey calculated as follows:

(a)        For journey by railway One day for each 250 miles (403 kilometers) or any longer time actually occupied in the journey.

(b)        For journey by motor car or conveyance plying for hire. One day for each 80 miles (129 kilometers).

(c)        For journey by air. Number of days actually taken in the air journey.

(4)        One day is allowed for any fractional portion of any distance prescribed in Clause (a).

(5)        The joining time is normally calculated by the route which travelers ordinarily use irrespective of the route by which the employee has actually traveled.

(6)        A Sunday is not included for the purpose of the calculation in this Regulation but is included in the maximum period of 30 days.

(7)        The authority sanctioning the transfer may reduce the period of joining time admissible under this sub-regulation but it shall not be less than the time actually and unavoidably occupied in the journey.

(8)        By whatever route an employee actually travels, his joining time shall, unless the Chairman for special reasons may otherwise order, be calculated by the route which travelers ordinarily use.

(9)        The authority sanctioning the transfer may for reasons to be recorded extend the joining time calculated under sub-regulation (2) but not beyond 30 days.

(10)      The Chairman may, at his discretion, allow a longer joining time than is admissible under sub-regulation (3) if he is satisfied that the employee, notwithstanding due diligence on his part, had to spend more time on the journey than is allowed by these Regulations or when the Regulations have in a particular case operated harshly, e.g., where the employee was prevented from circumstances beyond his control to join within the joining time.

(11)  Nothing in this sub-rule shall be construed to vest any right in the employee to claim extension of joining time whatever be the circumstances.

105.     Time and place from where joining time is calculated.—(1) If an employee is authorised to make over charge of a post elsewhere than his headquarters, his joining time shall be calculated from the place at which he makes over charge.

(2)        If an employee is appointed to a new post while in transit from one post to another his joining time begins on the day following the day on which he receives the order of appointment.

(3)        When an employee takes leave while in transit from one post to another, the period which has elapsed since the relinquished charge of his old post should be included in his leave, unless the leave is taken on medical certificate. In the latter case, the period may be treated as joining time.

(4)        If an employee is appointed to a new post while on leave on full pay of not more than 120 days, his joining time will be calculated from his old station or from the place in which he received the order of appointment, whichever shall entitle him to the less joining time.

PART-XV 

REVERSION, RETIREMENT, RESIGNATION AND TERMINATION OF SERVICE

106.     Reversion to Lower Post.—An employee appointed to a higher post/higher scale on temporary or officiating basis shall be liable to reversion to his lower post/pay scale without prior notice.

107.     Age of retirement from Service.—(1) An employee shall retire from service on completion of the sixtieth year of his age.

Explanation:—When an employee is required to retire on attaining a specified age the day on which he attains that age is reckoned as a non-working day, and he must retire with effect from and including that day.

108.     Optional Retirement from Service.—Notwithstanding anything contained in these Regulations or in the terms and conditions of his service, an employee may opt for retirement on such date after he has completed twenty five years service qualifying for pension / gratuity or other retirement benefits as the competent authority may specify in the interests of the Authority.

109.     Resignation with previous notice in writing.—(1) An employee under bond to serve the Authority for a specified period can resign only after paying the contractual amount of the bond or the proportion of the amount for the unserved period of the bond.

(2) A temporary or a permanent employee may resign from his post in writing:

Provided that:–

(a)        the resignation shall not become effective unless the competent authority accepts it;

(b)        the employee concerned continues to be in service and cannot absent himself from his duties without proper leave till his resignation is accepted.

(c)        any violation of this requirement shall constitute misconduct and the employee shall make himself liable to disciplinary action on that ground.

110.     Withdrawal of resignation.—(1) If an employee submits his resignation from service and withdraws it before it is accepted by the competent authority, the resignation shall be deemed to have been withdrawn.

(2)  If the employee withdraws his resignation after its acceptance by the competent authority but before it becomes effective, i.e., before the employee concerned is relieved, it shall be open to authority, which accepted the resignation to allow the employee concerned, on merits of the case, to withdraw the resignation.

111.     Non-acceptance of resignation.—No resignation shall be accepted if any disciplinary proceedings against the employee concerned are in progress.

112.     Clearance of dues before resignation.—An employee submitting his resignation shall clear all the dues which are payable by him.

113.     Procedure for submitting resignation.—The resignation of an employee shall be submitted through his immediate officer to the competent authority accompanied by the original letter of resignation and the following information:–

(a)        whether any disciplinary proceedings are pending against him;

(b)        whether the employee concerned is required to serve the Authority for any specified period in accordance with the terms and conditions of his appointment or any bond or undertaking executed by him in connection with the grant of leave, course of instructions of training or in any other connection;

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By |2016-06-27T10:18:25+00:00June 15th, 2016|Laws|0 Comments

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