PROVINCIAL ASSEMBLY OF THE PUNJAB
N O T I F I C A T I O N
Lahore, Wednesday, April 03, 2019
No.PAP/Estb/E-830/1976.— In exercise of the powers conferred by Section 26 of the Provincial Assembly of the Punjab Services Act 2019 (IX of 2019), the Speaker Provincial Assembly of the Punjab, with the concurrence of the Finance Committee of the Provincial Assembly of the Punjab, accorded in its sitting held on April 3, 2019, is pleased to make the following rules:
Part-I
PRELIMINARY
1. Short title and commencement.– (1) These Rules may be cited as the Provincial Assembly of the Punjab Secretariat (Services) Rules 2019.
(2) They shall come into force at once.
2. Definitions.– (1) In these Rules, unless there is anything repugnant in the subject or context,-
(a) “Act” means the Provincial Assembly of the Punjab Secretariat Services Act 2019 (IX of 2019);
(b) “ad hoc appointment” means appointment of a duly qualified person made otherwise than in accordance with the prescribed method of recruitment, pending recruitment in accordance with such method;
(c) “appointing authority” means the person authorized to make appointment to a post;
(d) “Assembly” means the Provincial Assembly of the Punjab;
(e) “Basic Pay Scales (BPS)” means pay scales prescribed by the Government and adopted by the Speaker;
(f) “civil servant” shall have the same meaning as assigned to it in the Punjab Civil Servants Act 1974 (VIII of 1974);
(g) "competent authority" means the appointing authority;
(h) “Constitution” means the Constitution of the Islamic Republic of Pakistan;
(i) “Departmental Promotion/Selection Committee” means a committee constituted for the purpose of making selection for initial appointment, promotion or transfer to posts in the Secretariat under these Rules;
(j) “deputation” means temporary transfer of the services of an employee from the Secretariat or transfer to the Secretariat of a person from the Federal Government, or any Provincial Government or local authority or a corporation or a body setup or established by any such Government;
(k) “directions” means written directions of the Speaker as notified in the official Gazette;
(l) “employee” means a person appointed in the Secretariat, who shall have the status of a civil servant subject to such modifications as the Speaker may make from time to time but does not include a person who is employed on work-charge basis or who is paid from contingencies;
(m) “Finance Committee” means the Finance Committee of the Provincial Assembly of the Punjab constituted under Article 88, read with Article 127, of the Constitution;
(n) “Government” means Government of the Punjab;
(o) “initial appointment” means appointment made otherwise than by promotion or transfer;
(p) “pay and allowances” means the amount drawn by an employee and includes pay, technical pay, special pay, personal pay, qualification pay, allowances and emoluments declared as such by the Speaker, the Finance Committee, as the case may be, or by the Government and adopted by the Speaker;
(q) “permanent post” means a post sanctioned without limit of time;
(r) “post” means a post sanctioned in the Secretariat;
(s) “prescribed” means prescribed by these rules, regulations or directions of the Speaker, as the case may be, notified in the official Gazette from time to time;
(t) “Punjab Civil Secretariat” means the Departments of the Provincial Government of the Punjab when referred to collectively;
(u) “regulations” means regulations framed or deemed to have been framed under these rules;
(v) “Schedule” means the schedule to these Rules;
(w) “Secretariat” means the Provincial Assembly of the Punjab Secretariat;
(x) “Secretary” means the Secretary of the Secretariat who shall have the status of a Secretary to the Government and includes any other person authorized by the Speaker to act as Secretary for the time being;
(y) “selection authority” means a Departmental Selection Committee or other authority or body on the recommendation of or in consultation with which any initial appointment, promotion or transfer, as the case may be, is made;
(z) “Speaker” means the Speaker of the Assembly; and
(aa) “temporary post” means a post other than a permanent post.
(2) All words and expressions used but not defined in these Rules, shall, unless the context otherwise requires, have the same meanings as are assigned to them in the Act.
Part-II
THESecretariat
3. Secretariat.– There shall be a separate Secretariat of the Assembly headed by the Secretary.
4. Strength and Composition of the Secretariat.– (1) The Secretariat shall have such permanent and temporary posts as specified in the Schedule, as may, from time to time, be sanctioned.
(2) The Secretariat shall be organized as specified in the Schedule.
5. Creation, etc. of posts.– (1) Posts in the Secretariat shall be created, upgraded, re-designated and abolished in the following manners:
(a) the Speaker may create, upgrade, re-designate or abolish any post:
Provided that no post in BPS-17 or above shall be created or upgraded for a period exceeding six months, except after consultation with the Finance Committee;
(b) the Speaker may, by order, direct that his power under clause (a), in such circumstances and under such conditions, if any, as may be specified in the order, shall also be exercisable by the Secretary.
(2) When a post is created or upgraded or re-designated, permanently or temporarily, or abolished, it shall be notified in the official Gazette.
Part-III
POWERS and Functions of Speaker, Secretary and Management of theSecretariat
6. The Speaker.– (1) The Speaker shall have the powers to manage, control and administer different affairs of the Secretariat as he deems fit and necessary.
(2) Notwithstanding anything contained in these Rules, the Speaker may, by general or special orders in writing, direct that any of his powers, subject to such conditions as may be specified in the orders, be exercised by the Secretary.
7. Powers and functions of the Speaker.–In addition to the powers and functions conferred by the Constitution, the Act, these rules and any other law or rules, the Speaker shall have the following powers and functions:
(a) to give directions for improvement, modernization, training of human resource and policies of the Secretariat;
(b) to develop linkages with legislatures within and outside Pakistan to benefit from their parliamentary experiences and procedures to improve working of the Assembly and the Secretariat;
(c) to make, or cause to be made, and execute such policies and programs that are necessary for improving the human resource, infrastructure, development and better utilization of existing infrastructure and facilities of the Secretariat; and
(d) to perform and carry out any other act or function which is in the interest of the Secretariat.
8. The Secretary.– (1) The Secretary shall be the head of the Secretariat and responsible for supervision of, and coordination among all divisions of the Secretariat.
(2) The Secretary shall assist the Speaker in managing and organizing the Secretariat.
(3) The Secretary may delegate any of his powers or functions as provided in the Act and these Rules, to any officer subordinate to him, in writing, from time to time.
Part-IV
TERMS& Conditions of Service
9. Terms and conditions of service.– Unless otherwise provided in the Act and these Rules or prescribed by separate rules to be framed under the Act, the terms and conditions of service, including appointment policy, eligibility for appointment to a post, rank, status, promotion policy, pay and allowances, advances, allotment of Government accommodation, retirement, deputation, pension, gratuity, provident fund, benevolent fund, group insurance, financial or family assistance packages including in service death, leave or all other rights, perks, privileges, prerogatives, concessions, entitlements, memberships, facilities, including medical, housing, education and all other schemes of the Government, of an employee, notwithstanding any judgment or order of any court, tribunal or a quasi-judicial authority, shall be such as governed by the law, rules, policies, instructions and guidelines for the time being in force and applicable, admissible or enjoyed or available to the civil servants of the Punjab Civil Secretariat, whatsoever their cadre may be, in the corresponding posts or rank or BPS, subject to such modifications, variations or exceptions as may be made by the Speaker with concurrence of the Finance Committee:
Provided that, in case of urgency, the Speaker may make such modifications, variations or exceptions in anticipation of the concurrence of the Finance Committee.
Part-V
APPOINTMENTS
10. Appointing authority.– Appointment to all posts in BPS-17 and above shall be made by the Speaker and appointment to posts in BPS-16 and below shall be made by the Secretary or by any other officer of the Secretariat authorized by the Secretary in this behalf.
11. Methods of appointment.– (1) Appointment to a post or category of posts may be made by one or more of the following methods:
(a) by promotion of a person employed in the Secretariat;
(b) by transfer within the Secretariat in the same BPS;
(c) by direct recruitment through internal circulation of posts amongst employees; and
(d) by direct recruitment.
(2) The Speaker may, from time to time, by general or special orders, -
(a) specify the method or methods of appointments to a post or category of posts in the Secretariat; and
(b) specify the percentage of the vacancies to be filled by each method of appointment.
(3) Where a percentage has been specified under sub-rule (2) for departmental promotion and direct appointment, appointment against the posts reserved for departmental promotion shall be made first and the posts reserved for direct appointment shall be filled later.
(4) Notwithstanding anything contained in these Rules, short-term vacancies reserved for direct appointment may be filled by any other method of appointment prescribed in these Rules.
(5) The qualification, age limit, experience and criterion for appointment to various posts by any method of recruitment shall be such as provided in the Schedule:
Provided that the Speaker may, from time to time, by general or special order, make amendments to the Schedule.
12. Appointment by promotion.– (1) Appointment by promotion to a post may be made, -
(a) in case of selection posts, on the basis of selection on merit; and
(b) in case of non-selection posts, on the basis of seniority-cum-fitness.
(2) Appointment to posts from one grade to another and from one category of posts to another within a grade shall be made on the recommendations of a Departmental Promotion/Selection Committee, consisting of not less than three members, to be constituted, -
(a)in case of posts in BPS-17 and above, by the Speaker; and
(b) in case of posts in BPS-16 and below, by the Secretary.
(3) No employee shall have any claim for appointment by promotion as a matter of right.
13. Appointment by transfer.– Subject to rule 12, appointment by transfer to posts provided in the Schedule shall be made as prescribed therein.
14. Direct recruitment through internal circulation and appointment by direct recruitment.– Appointment by direct recruitment through internal circulation to the posts and appointment by direct recruitment to the posts reserved for direct recruitment shall be made upon the recommendations of a Departmental Promotion/Selection Committee constituted under these rules.
15. Appointment on deputation.– (1) There shall be no appointment to a post on deputation except in case of a technical post where the expertise is not available within the Secretariat.
(2) The tenure and other terms and conditions of deputation shall be regulated as per deputation policy of Government, subject to such modifications, variations or exceptions as may be made, by the Speaker.
(3) The appointing authority may repatriate an employee to his parent department before the expiry of the period of deputation.
16. Appointment on contract.– (1) The Speaker may appoint any person in the interest of the Secretariat on contract basis.
(2) The terms and conditions of a person appointed on contract shall be regulated as per contract policy of Government subject to such modifications, variations or exceptions as may be made by the Speaker.
[1][(3) The Speaker, with consultation of Finance Committee, may temporarily hire the services of a person in the Secretariat in the public interest for a maximum period of five years.]
17. Time scale promotion.– (1) Time scale promotion to the employees holding promotion/non-promotion posts shall be granted, on the recommendations of Departmental Promotion/Selection Committee constituted under these rules, on satisfactory completion of each seven years of service in the same scale, as under–
|
(a) |
BPS-1 to 4 |
4 Steps |
|
(b) |
BPS-5 to 17 |
3 Steps |
(2) Subject to sub-rule (1), the Speaker may grant time scale promotion to employees in BPS-18 and above on case to case basis.
Part VI
Probation, Confirmation, Termination of Service, Reversion and Retirement from Service
18. Probation.– (1) Appointment to a post by direct recruitment, not being an ad hoc appointment, shall be on probation for a period of two years.
(2) Any person appointed to a post by promotion or transfer shall also be placed on probation for a period of one year.
(3) The appointing authority may, for reasons to be recorded in writing, extend the period of probation for one year.
(4) If in the opinion of the appointing authority, the work or conduct of an employee on probation is unsatisfactory or shows that he is unlikely to become efficient, or where, in respect of any post, the satisfactory completion of probation includes the passing of a prescribed examination, test or course or successful completion of any training, a person appointed on probation to such post who, before the expiry of the original or extended period of his probation, has failed to pass such examination or test or to successfully complete the course or the training shall, except as may be prescribed otherwise–
(a) be on probation for such extended period not exceeding one year, as deemed appropriate; or
(b) if he was appointed to such post by initial recruitment, be discharged; or
(c) if he was appointed to such post by promotion or transfer, be reverted to the post from which he was promoted or transferred and against which he holds a lien:
Provided that, in the case of initial appointment to a post, an employee shall not be deemed to have completed his period of probation satisfactorily until his competence, character and antecedents have been verified as satisfactory in the opinion of the appointing authority.
(5) On the satisfactory completion of probation, the appointing authority may confirm a probationer in his appointment provided a clear vacancy exists.
19. Confirmation.– (1) An employee appointed to a post on probation shall, on satisfactory completion of his probation, be eligible for confirmation in that post:
Provided that the confirmation shall be made only against a permanent post:
Provided further that two or more employees shall not be confirmed in the same post and at the same time or in a post on which another employee holds a lien:
Provided further that an employee shall not be confirmed on two or more posts at the same time.
(2) An employee shall be considered for confirmation in order of seniority.
(3) No confirmation shall be made against the post vacated on dismissal, removal or compulsory retirement of an employee until his appeal against such dismissal or, as the case may be, removal or retirement is finally decided.
(4) The confirmation shall be made by the Speaker for posts in BPS-17 and above and, by the Secretary for posts in BPS-16 and below.
(5) An employee who, during the period of his service, was eligible to be confirmed against any post, retires from service before being confirmed, shall not, merely by reason of such retirement, be refused confirmation against such post or any benefits accruing there from.
(6) If no orders have been made by the day following the completion of the initial probationary period, the period of probation shall be deemed to have been extended.
(7) Subject to the provision of sub-rule (6), if no orders have been made by the day on which the maximum period of probation expires, the probationer shall be deemed to have been confirmed in his appointment from the date on which the period of probation was last extended or may be deemed to have been so extended:
Provided that in case of grant of extraordinary leave during the period of probation, the name of person will be removed from the seniority list and placed on a static list with no claim to promotion, seniority or confirmation for the period he remained on extraordinary leave.
20. Lien.– Notwithstanding anything in these rules, a confirmed employee shall acquire lien against the substantive post held by him when he is relieved as a consequence of his selection against some other post, cadre or service in the service of Pakistan, and he shall retain his lien in the relieving department until he is confirmed in the said other post, cadre or service or for a maximum period of three years whichever is earlier and the said period of lien shall in no case be extended.
21. Posting and transfer.– The competent authority may transfer an employee to serve anywhere within or outside the province, in any equivalent or higher post under the Government, the Federal Government, or any other provincial government or local authority or a corporation or a body set up or established by any such government:
Provided that, where an employee is required to serve in a post outside his service or cadre, his terms and conditions of service as to his pay and allowances shall not be less favorable than those to which he would have been entitled if he had not been so required to serve.
22. Termination of service.– (1) The service of an employee may be terminated without notice–
(a) during the initial or extended period of his probation:
Provided that where such employee is appointed by promotion on probation or, as the case may be, is transferred from one service, group, category or post to another service, group, category or post, his service shall not be so terminated so long as he holds a lien against his former post in such service, group, category or post but he shall be reverted to his former service, group, category or post as the case may be;
(b) if appointed on contract, on the expiry of the initial or extended period of his contract; or
(c) if the appointment is made ad hoc, terminable on the appointment of a person on the recommendation of the selection authority, on the appointment of such person or conclusion of the selection process.
(2) Where, on the abolition of a post or reduction in the number of posts in a group, the services of an employee are required to be terminated, the person whose services are terminated shall ordinarily be the one who is the most junior in such group.
(3) Notwithstanding the provisions of sub-rule (1), but subject to the provisions of sub-rule (2), the services of an employee in temporary employment or appointed ad hoc shall be liable to termination on fourteen days' notice or pay in lieu thereof.
23. Reversion to a lower post, etc.– (1) An employee appointed to a higher post on ad hoc, temporary or officiating basis shall be liable to reversion to his lower post.
(2) No employee shall be dismissed or removed from service or reduced in rank by an authority subordinate to that by which he was appointed.
(3) No such employee as aforesaid shall be dismissed or removed from service or reduced in rank until he has been given a reasonable opportunity of showing cause against the action proposed to be taken against him:
Provided that this rule shall not apply –
(a) where an employee is dismissed or removed from service or reduced in rank on the grounds of misconduct which has led to his conviction on a criminal charge; or
(b) where the employee is still on probation or working on ad hoc basis; or
(c) where the Speaker or any person authorized by him is satisfied, for reasons to be recorded in writing, that in the interest of the security of Pakistan or any part thereof it is not expedient to give to that employee such an opportunity.
24. Retirement from service.– (1) An employee shall retire from service-
(a) on such date after he has completed twenty years of service qualifying for pension or other retirement benefits as the competent authority may, in public interest, direct; or
(b) where no direction is given under clause (a), on the completion of the sixtieth year of his age or at the option of an employee on completion of twenty-five years of his service qualifying for pension and other retirement benefits.
(2) No direction under clause (a) of sub-rule (1) shall be made until the employee has been informed in writing of the grounds on which it is proposed to make the direction and has been given a reasonable opportunity of showing cause against the said direction.
Part VII
Employment after Retirement
25. Employment after retirement.– (1) A retired employee shall not ordinarily be re-employed in the Secretariat, unless such re-employment is necessary in the public interest and is made with the prior approval of the authority next above the appointing authority:
Provided that where the appointing authority is the Speaker, such re-employment may be ordered with the approval of the Finance Committee.
(2) Subject to law and rules, an employee may, during leave preparatory to retirement or after retirement from the Secretariat, seek any employment and profession:
Provided that where employment is sought by an employee while on leave preparatory to retirement, he shall obtain prior approval of the competent authority.
Part VIII
Seniority
26. Seniority on direct recruitment.– (1) The persons appointed by direct recruitment through an open advertisement shall rank senior to those appointed through a subsequent open advertisement.
(2) If two or more persons are appointed by direct recruitment through an open advertisement, the Departmental Promotion/Selection Committee shall determine their inter se seniority in order of merit:
Provided that if seniority is not determined in order of merit, the older in age shall rank senior.
(3) If only one candidate is appointed, his seniority shall be counted from the date of his regular appointment against the post after being recommended by the Committee.
27. Seniority on promotion.– Seniority to a post or category of posts, to which an employee is promoted, shall take effect from the date of regular promotion to that post or category of posts:
Provided that, –
(a) employees selected for promotion to higher posts on an earlier date shall be senior to those selected for such promotion on a later date;
(b) employees selected for promotion to higher posts in one batch shall on their promotion to the higher post, retain their inter se seniority as in the lower post;
(c) in case of selection for promotion and transfer on the same date, the older in age shall rank senior; and
(d) employees eligible for promotion who could not be considered for promotion in the original reference in circumstances beyond their control or whose case was deferred, without any shortcoming on their part, while their juniors were promoted to the higher post, shall, on promotion, without supersession, retain their inter se seniority as in the lower post.
Part IX
Conduct, Efficiency and Discipline
28. Conduct.– Unless otherwise provided in the Act and these Rules or prescribed by separate rules to be framed under the Act, or by specific orders made by the Speaker from time to time, the conduct of employees shall be regulated by rules made, or instructions issued, from time to time, by the Government.
29. Efficiency and discipline.– Unless otherwise provided in the Act and these Rules or prescribed by separate rules to be framed under the Act, or by specific orders made by the Speaker from time to time, an employee shall be liable to disciplinary action and penalties in accordance with the prescribed procedure as laid down for efficiency and discipline of civil servants by rules made, or instructions issued, by the Government or under any law applicable on civil servants for the time being in force.
Part X
Pay, Allowances and Financial Benefits
30. Pay, allowances, pension, commutation and gratuity.– (1) An employee appointed to a post shall be entitled, in accordance with these rules, to the pay and allowances sanctioned for such post:
Provided that where an employee has, under an order which is later set aside, been dismissed or removed from service or reduced in rank, he shall, on the setting aside of such order, be entitled to such arrears of pay as the authority setting aside such order may determine.
(2) On retirement from service, an employee shall be entitled to receive such pension, commutation or gratuity as may be prescribed by the Government.
(3) No pension shall be admissible to an employee who is dismissed or removed from service for reasons of discipline:
Provided that the competent authority may sanction compassionate allowance to such an employee, not exceeding two-thirds of the pension, commutation or gratuity which would have been admissible to him had he been invalidated, on the recommendations of a medical board, from service on the date of such dismissal or removal:
Provided further that an authority who, on revision or appeal, reverses an order dismissing or removing an employee may declare that the employee’s past service shall be counted.
(4) If the determination of the amount of pension, commutation or gratuity admissible to an employee is delayed beyond one month of the date of his retirement or death, he or his family, as the case may be, shall be paid provisionally such anticipatory pension, commutation or gratuity as may be determined by the competent authority, according to the length of service of the employee which qualifies for pension, commutation or gratuity; and any over payment consequent on such provisional payment shall be adjusted against the amount of pension or gratuity finally determined as payable to such employee or his family.
(5) Notwithstanding anything contained in these rules, on retirement of Secretary, one Driver shall be provided by the Secretariat for his life time.
(6) Notwithstanding anything contained in these Rules and unless otherwise provided by the appointing authority, the matters relating to pay, pension, allowances, commutation and gratuity, etc., of the employees of the Secretariat shall be regulated in accordance with rules, instructions and orders issued by the Government, from time to time, as are or shall be applicable to civil servants in Punjab Civil Secretariat.
(7) The appointing authority may, in addition to basic pay admissible under the rules, allow up to three advance increments to any employee, keeping in view his experience, expertise or outstanding performance which is in the interest of the Secretariat.
(8) To promote and encourage education, competence and further acquisition of education and knowledge, the appointing authority may allow two advance increments as a matter of policy to employees already possessing or acquiring higher educational qualifications over and above the educational qualifications prescribed for the post.
(9) Employees shall also be entitled to such other allowances and financial benefits as may be sanctioned by the Finance Committee from time to time.
31. Provident Fund, Benevolent Fund and Group Insurance.–In these Rules, the matters relating to provident fund, benevolent fund and group insurance, etc., and all other related matters regarding the employees of the Secretariat shall be regulated in accordance with the rules, instructions and orders issued by the Government, from time to time, as are or shall be applicable to civil servants in Punjab Civil Secretariat.
32. Government Schemes and Chief Minister’s Packages etc.– The Government schemes and Chief Minister’s packages etc. regarding death in service, post-retirement benefits, such as housing schemes, medical, insurance etc. for employees of the Government shall be admissible to the employees of the Secretariat.
Part XI
Financial Matters and Finance Committee
33. Control of expenditure and other financial matters.– Control over expenditure of the Secretariat shall be exercised by the Secretary in accordance with the general or special directions of the Speaker or the Finance Committee, as the case may be.
34. Principal Accounting Officer.– (1) The Secretary shall be the Principal Accounting Officer in respect of all expenditures of the Secretariat.
(2) In addition to the duties and functions under directions of the Speaker or the Finance Committee, the duties and responsibilities of the Principal Accounting Officer shall be such as may, from time to time, be determined by the Government for the Principal Accounting Officers in the administrative departments of the Government.
(3) The Secretary may appoint an officer, not below the rank of an Assistant Secretary, as Finance and Accounts Officer to assist him in financial and accounting matters.
(4) Unless there is a special authorization by the Speaker or the Finance Committee, as the case may be, in this behalf, the financial powers delegated to the Administrative Departments of the Government shall be exercised by the Secretary.
35. Finance Committee and its powers.– (1) There shall be a Finance Committee of the Assembly as constituted under Article 88 read with Article 127 of the Constitution under the Chairmanship of the Speaker.
(2) The Finance Committee shall have the power to,–
(a) approve the annual and supplementary budget; and schedule of new expenditure for the Assembly and its Secretariat; and the same shall be admitted by the Finance Department;
(b) advise the Secretariat in regard to control over the expenditure;
(c) sanction all amounts including the budget of any post in the Secretariat or subject to such supplementary financial appropriations as may, from time to time, be considered appropriate; and
(d) sanction or incur such expenditure as may be necessary or regularize any expenditure incurred by the Secretariat with the approval of competent authority while discharging functions under the Act, these rules and any other law or rules applicable to the administrative departments of the Government.
Part-XII
Representations and Appeals
36. Right of representation and appeal.– (1) Where a right to prefer an appeal or apply for review in respect of any order relating to the terms and conditions of his service is provided to an employee under these Rules, such appeal or application shall, except as maybe otherwise provided, be made within thirty days of the date of such order.
(2) Where no provision for appeal or review exists under the rules in respect of any order or class of orders, an employee aggrieved by any such order may, within thirty days of the communication to him of such order, make a representation against it, to the authority next above the authority which made the order:
Provided that no 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:
Provided further that any order made by the Speaker may be reviewed by the Speaker on a formal review petition made by the aggrieved person giving all facts and details of his grievances which shall be decided by the Speaker within sixty days after its receipt.
(3) Unless otherwise provided by the appointing authority in these Rules, the matters relating to filing of representations, appeal or review and all other related matters regarding the employees of the Secretariat shall be regulated in accordance with rules, instructions and orders issued by the Government, from time to time, as are or shall be applicable to civil servants.
Part XIII
Miscellaneous
37. Saving.– (1) Nothing in the Act, these rules or in any other rules shall be construed to limit or abridge the power of the Speaker to deal with the case of an employee in such manner as may appear to him to be just and equitable.
(2) The case of an employee to whom the provisions of the Act, these rules or any other rules are applicable, his case shall not be dealt in the manners less favourable to him as provided therein.
38. Indemnity.–No suit, prosecution or other legal proceedings shall lie against an employee for anything done in his official capacity which is in good faith done or intended to be done under the Act, these rules or the rules, instructions or directions made or issued or adopted from time to time.
39. Jurisdiction barred.– Save as provided under the Act, these rules, the Punjab Service Tribunals Act, 1974 (IX of 1974) or the rules, no order made or proceedings taken under the Act or these rules, by the Speaker or any officer authorized by him, shall be called in question in any court and no injunction shall be granted by any court in respect of any decision made or proceedings taken in pursuance of any power conferred by, or under the Act, these rules or any other rules.
40. Removal of difficulties.– If any difficulty arises in giving effect to any of the provisions of these rules, the Speaker may make such order, not inconsistent with the provisions of the Act and these rules, as may appear to him to be necessary for the purpose of removing the difficulty.
41. Interpretation.– All questions relating to interpretation of provisions of these rules shall be referred to the Speaker whose decision thereupon shall be final.
42. Regulations and directions.– (1) All matters not specifically provided for in the Act or these rules and all questions relating to the detailed working of the Secretariat shall be regulated in such manner as the Speaker may, from time to time, order, in writing, to be notified in the official gazette.
(2) Any regulations, orders, directions or instructions in respect of any terms and conditions of service of employees duly made or issued by an authority competent to make them and in force immediately before the commencement of these rules shall, in so far as the same are not inconsistent with the provisions of these rules, be deemed to be made under these rules.
43. Relaxation of rules.– Where the Speaker is satisfied that the operation of any provision of these rules cause any hardship in any particular case, he may, by order, dispense with or relax the requirements of that provision to such extent and subject to such conditions as he may consider necessary for dealing with the case in a just and equitable manner:
44. Leave.– (1) Unless otherwise prescribed by the Speaker, the Revised Leave Rules, 1981, shall be applicable to the employees of the Secretariat, as amended from time to time.
(2) Notwithstanding anything contained in these rules, the employees shall be entitled to encashment of leave, up to a maximum of 48 days in a calendar year, subject to availability of leave balance at the credit for the specific year:
Provided that,–
(a) total balance of leave available at the credit of an employee will be considered for encashment and at least one year (365 days) leave shall remain in balance of an employee all the times out of the total leave so accumulated;
(b) an employee may apply annually for encashment of leave on or after 31stDecember but no later than 15thJanuary of the next calendar year;
(c) formal request of an employee for his leave encashment is necessary, failing which his case will not be considered for that specific year and such leave shall be credited to his leave account;
(d) calculation for encashment shall be made on the basic pay of an employee as drawn on 1stDecember of that particular year; and
(e) persons appointed on deputation can also avail the facility however contract or ad hoc appointees shall not be eligible for encashment of leave.
45. Official/Gratis passport.– The Secretary shall be entitled to the facility of official/gratis passport.
46. Designated house for Secretary.– The Government shall designate a house for the residence of Secretary as per his entitlement.
47. Health Insurance of employees.– There shall be a health insurance policy for the employees called the Assembly Secretariat Employees Health Insurance Policy to be made by the Speaker with the concurrence of Finance Committee and notified in the official gazette.
48. Appointment of one child or spouse of an employee.– (1) On death during service or retirement on medical grounds of an employee, his spouse or one of the children shall be appointed in the Secretariat to the posts of BPS-1 to BPS-16 according to his qualification, experience and age.
49. Residuary powers.– (1) All matters not specifically provided for in the Act, these rules, regulations and directions referred to in rule 42, shall be regulated in accordance with such orders as the Speaker may make, from time to time.
(2) Any policy decision taken, instructions issued, cut or ban imposed by the Government or the Federal Government for its administrative departments, attached departments, autonomous bodies etc. shall not per se be applicable to the Assembly and the Secretariat, unless the same is adopted by the Speaker, or as the case may be, the Finance Committee, with or without such modifications, changes or amendments as may be necessary.
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MUHAMMAD KHAN BHATTI Secretary |