IQBAL ACADEMY EMPLOYEES
Service, Appointment, Promotion and Transfer) Rules 1993.
In exercise of Powers conferred by section-18 (2) of the Iqbal Academy Ordinance 1962 (XXVI of 1962) the Competent Authority is pleased to make the following rules, namely:-
1. Short title, application and commencement--
(i) These rules may be called the Iqbal Academy Employees (Service, Appointment, Promotion and Transfer) Rules 1993.
(ii) They shall come into force at once and shall apply to all employees.
2. Definitions--(2:1) In these rules, unless there is anything repugnant in the subject or context:-
(a) "Ordinance" means the Iqbal Academy Ordinance 1962;
(b) "ad-hoc appointment" means appointment of a duly qualified person made otherwise than in accordance with the prescribed method of recruitment;
(c) "appointing authority", in relation to a post means the person authorised under rule 6 to make appointment to that post;
(d) "Academy" means the Iqbal Academy Pakistan;
(e) "Employee" means an employee of the Academy but does not include;--
(i) a person who is on deputation to the Academy from the Federal Government or any Province or other authority; or
(ii) a person who is employed on contract, or on work-charged basis or who is paid from contingencies;
(f) "Scale" means a revised basic pay scale (applicable to the employees of the Federal Government); in which a post or group of posts is placed;
(g) "initial appointment" means appointment made otherwise than by promotion or transfer;
(h) "pay" means the amount drawn monthly by an employee as pay and includes special pay, deputation pay, personal pay and any other emoluments declared by the competent authority to be paid;
(i) "Allowances" mean any additional monetary grant attached to the pay according to the policy of the competent authority;
(j) "permanent post" means a post sanctioned without limit of time;
(k) "prescribed" means prescribed by rules;
(l) "Selection authority" means the Academy's Governing Body or Executive Committee or Director or any other authority or Body on the recommendations of or in consultation with which any appointment or promotion, as may be prescribed, is made;
(m) "Selection Committee" means the Committee constituted by the Academy for the purpose of selection for initial appointment, promotion or transfer to posts in Grade 7 to 16 and 17 and above and consisting of such persons as may be appointed to it by the Academy from time to time;
(n) "Temporary post" means a post other than a permanent post;
(o) "Literate persons" means a person who is certified by an authority to be able to read a newspaper and write a simple letter in any language.
(2:2) For the purpose of these rules an appointment whether by promotion or otherwise shall be deemed to have been made on regular basis if it is made in the manner prescribed in these rules.
(3) Terms and Conditions-- The terms and conditions of service of an employee shall be as prescribed under these rules.
(4) Appointments--(4:1) Appointments to posts shall be made by any of the following methods, namely:-
(a) by promotion or transfer in accordance with Rules.
(b) by initial appointment in accordance with Rules 8-12.
Note.-- Only a literate person shall be eligible for employment under a local body or an establishment or institution under the control of the Federal Government.
(4:2) The qualifications and other conditions applicable to a post shall be as laid down in the Appendix-A provided that the appointing authority may relax the conditions in exceptional cases for reasons to be recorded in writing.
(4:3) The Academy may amend, modify, add, or delete any conditions laid down in the Appendix from time to time.
(5) There shall be two selection Committees in the Academy the composition of which shall be determined by the Academy.
(5:1) Each Committee shall consist of at least three members one of whom shall be appointed as Chairman. Where an appointing authority for scale 7 to 16 and 17 and above does not accept the recommendations of the Selection Committee, it shall record reasons therefore and obtain orders of the next higher authority.
(6) The authorities competent to make appointments to the various scale shall be as follow:-
|| Appointment Authority
|| 20 and above
|| Governing Body
|| 17 to 19
|| Executive Committee
|| 1 to 16
7. Appointments by promotion or transfer-- Appointments by promotion, moveover to next higher scale and transfer to posts in scale 1 to 16 shall be made by the Director and appointments, promotions, moveover to next higher scale and transfer to posts in scale 17 and above shall be made on the recommendations of the appropriate selection committee.
8. Initial appointments-- Under Section-20 of the Iqbal Academy Ordinance the Director of the Academy shall be appointed by the Governing Body for such period and on such terms and conditions as may be prescribed. Other initial appointments to the posts in scale 17 and above shall be made on the basis of interview or test to be held by the Selection Committee.
9. Initial appointments to posts in scale 3 to 16 shall be made on the recommendations of the Selection Committee after the vacancies had been advertised in the newspapers.
10. A candidate for appointment shall be a citizen of Pakistan. Provided this requirement may be relaxed with the approval of the competent authority.
11. A candidate for appointment must be in good mental and bodily health and free from any physical defect likely to interfere with the discharge of his duties. A candidate who after such medical examination as the Academy may prescribe is found not to satisfy these requirements, shall not be appointed.
12. Ad-hoc and Temporary Appointments-- When the Director considers it to be in the interest of the Academy to fill a post falling within the purview of the selection committee he may fill it on ad-hoc basis for a period not exceeding six months.
13. Short-terms vacancies in the post falling within the purview of the Selection Committee and vacancies occurring as a result of creation of temporary posts for a period not exceeding six months, may be filled by the Director otherwise than through the Selection Committee on a purely temporary basis.
14. Probation.-- (i) An appointment not being an ad-hoc appointment shall be on probation for a period of one year. This period may be curtailed for good and sufficient reasons to be recorded, or if considered necessary, it may be extended for a period not exceeding one year. If no orders are passed by the competent authority on the expiry of the initial or the extended period of probation the appointment will be deemed to be held until further orders.
(ii) If an employee fails to show satisfactory progress during the initial and even the extended period of probation or has failed to pass any prescribed examination or test or to successfully complete course or the training shall:-
(a) If he was appointed to such service or post by initial recruitment be discharged; or
(b) If he was appointed to such post by promotion or transfer be reverted to the service or post from which he was promoted or transferred and against which he holds a lien or, if there be no such post be discharged.
15. Confirmation--(i) A person appointed on probation shall, on satisfactory completion of his probation, be eligible for confirmation in a post as may be prescribed.
(ii) Any employee promoted on regular basis shall be eligible for confirmation after rendering satisfactory service for the period prescribed for confirmation therein.
(iii) There shall be no confirmation against any temporary post.
(iv) An employee who during the period of his service, was eligible to be confirmed but retires from service before being confirmed shall not, merely by reason of such retirement, be refused confirmation or any benefit occurring therefrom.
(v) Confirmation of an employee shall take effect from the date of occurrence of permanent vacancy in the post or from the date of continuous officiation in such post, whichever is later.
16. Seniority-- (i) The appointing authority shall cause a seniority list of the members for the time being of each scale to be prepared, but nothing herein contained shall be construed to confer any vested right to particular seniority in such scale as the case may be.
(ii) Subject to the provisions of sub-rule (i) the seniority of an employee shall be reckoned in relation to other employees belonging to the same scale.
(iii) Seniority on initial appointment shall be determined as may be prescribed,
(iv) Seniority in the scale to which an employee is promoted shall take effect from the date of regular appointment to a post in that grade:Provided that employees who are selected from promotion to a higher scale in one batch shall, on their promotion to the higher scale, retain their interse-seniority as in the lower grade. For the purpose of appointment/promotion and interse-seniority, the academic and the administrative staff of the Academy will be treated as separate units.
17. Promotion.-- (i) An employee possessing the minimum prescribed qualifications shall be eligible for promotion to a post in the next higher scale.
(ii) A post referred to in sub-rule (i) may either be a selection post or a non-selection post to which promotion shall be made as may be prescribed.
(a) In the case of a selection post, on the basis of selection on merit; and
(b) In the case of non-selection post, on the basis of seniority-cum-fitness:Provided that, where an employee is required to serve in a post outside the Academy his terms and conditions of service as to his pay shall not be less favourable than those to which he would have been entitled if he had not been so required to serve.
(18) Termination of Service--(1) The service of an employee may be terminated without notice;
(i) 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 grade to another grade, his service shall not be so terminated so long as he holds a lien against his former post in such grade, as the case may be;
(ii) On the expiry of the initial or extended period of his employment;or
(iii) If the appointment is made on ad-hoc basis, terminable on the appointment of the person on the recommendations of the selection authority on the appointment of such person.
(2) Where, on the abolition of post or reduction in the number of posts in a scale 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 grade.
(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 on ad-hoc basis shall be liable to termination on fourteen day's notice or pay in lieu thereof.
19. Reversion to a lower scale-- Any employee appointed to a higher post or scale on ad-hoc temporary or officiating basis shall be liable to reversion to his lower post or scale without notice.
20. Resignation from Service-- (a) If an employee resigns from his post he shall have to give atleast one month's notice or one month's pay in lieu of notice, if he is a confirmed employee
(b) One month notice or one month pay in lieu of notice, if he has successfully completed his period but he is not yet confirmed.
(c) 14 days notice or 14 days pay if he is on probation.The competent authority excepting resignation may relax the condition of notice.
21. Retirement from Service--An employee shall retire from service:-
(i) On such date after he has completed 25 years of service as the competent authority may in the interest, direct; or
(ii) where no direction is given under sub-rule (i) on the completion of the sixty years of his age.
Explanation-- In this rule, "competent authority" means the appointing authority or a person duly authorised by the appointing authority in that behalf, not being a person lower in rank than the employee concerned.
22. Employment after retirement.-- (i) A retired employee shall not be re-employed under the Academy unless such re-employment is necessary in the interest and made with the prior approval of the authority next above the appointing authority;
(ii) Subject to the provisions of law on the subject in force an employee may during L.P.R. or after retirement seek any private employment:Provided that, where employment is sought by an employee while on L.P.R. or within 2 years of the date of his retirement he shall obtain the prior approval of the appointing authority.
23. Conduct.--The conduct of an employee shall be regulated by the Federal Government Employees (Conduct) Rules, or instructions issued by the Academy whether generally or in respect of a specific group or class of employees.
24. Efficiency and Discipline.--An employee shall be liable to disciplinary action and penalties in accordance with the Federal Government Employees (Efficiency and Discipline) Rules 1973 as amended from time to time or the instructions issued by the Governing Body/Executive Committee in respect of the specific group or class of employees.
25. Pay-- An employee appointed to a post shall be entitled, in accordance with the rules, the pay sanctioned for that post.Provided that when the appointment is made on a current charge basis or by way of additional charge, his pay shall be fixed in the prescribed manner;Provided further 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.
26. Allowances.-- An employee shall be entitled to such compensatory allowances as may be sanctioned by the Academy from time to time.
27. Honorarium.-- (1) The Director may grant an honorarium not exceeding one month's pay in each case to an employee for such work performed by him which is occasional in character and either so laborious or of such nature as justifies a special reward.
28. Increments.--(1) The annual increment will accrue only on the 1st day of the month of December following the completion of at least six months of such service at the relevant stage in that scale and will be allowed as a matter of course unless withheld under a specific order.
(2) Leave without pay shall not count towards annual increment and increment in the pay of an employee who is granted leave without pay shall be postponed by the period or periods of such leave:Provided that the competent authority may, in any case, if it is satisfied that the leave was taken on account of illness or for any other cause beyond the employees' control, direct that leave without pay shall be counted for increment.
(3) Advance increments may be granted to an employee in deserving case at any stage of service, by the appointing authority.
29. Leave.--An employee shall be allowed leave in accordance with the Iqbal Academy Leave Rules 1993 provided that the grant of leave will depend on the exigencies of service and be at the discretion of the competent authority.
30. General Provident Fund.-- The employees of the Academy shall be governed by the Federal Government General Provident Fund Rules.
31. Benevolent Fund and Group Insurance.-- The employees and their families shall be entitled to the benefits under the Federal Employees Benevolent Fund and Group Insurance Act and the rules made thereunder.
32. T.A./D.A.-- The employees of the Academy shall be considered at par with the Federal Government employees and will be entitled to travelling and daily allowance admissible to employees of corresponding class and status in government service.
33. Pension and Gratuity.-- On retirement from service from the Academy, the employees shall be governed under Iqbal Academy Pension and Gratuity Rules.
34. Deputation and Deputationists.-- The appointing authority may, on its discretion and in pursuance of the objectives of the Academy send any of its employee on deputation to an other institution subject to its concurrence and may similarly borrow staff from other institutions on deputation to work in the Academy for specific periods, provided that the terms of deputation will in no case be less favourable than those applicable to the deputee in his parent department.
(34:1) The maximum period of deputation shall be three years, extendable for an other two years subject to the concurrence of both organizations after which deputee shall be repatriated to his parent department unless absorbed by the borrowing department permanently with the depute's consent.
(34:2) The deputee shall be under full disciplinary control of the Academy during the period of deputation and all the rules and regulations shall apply to him as applicable to the employees of the Academy.
(34:3) The Director shall transfer the A.C.Rs. maintained in the Academy to the loaning institutions after the termination of the period of deputation.
35. Right of appeal or representation.-- (i) 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 any rules applicable to him, such appeal or application shall, except as may be otherwise prescribed be made within thirty days of the date of such order.
(ii) 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 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 grade.
36. Saving.--Nothing in these Rules or in any rule shall be construed to limit or abridge the power of the Academy to deal with the case of any employee in such manner as may appear to the Academy to be Just and equitable.
37. Removal of Difficulties.-- (i) If any difficulty arises in giving effect to any of the provisions of these Rules, the Academy may make such order, not inconsistent with the provisions of these rules, as may appear to be necessary for the purpose of removing the difficulty.
(ii) Any orders or instructions in respect of any terms and conditions of service of any employee 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 such orders or instructions are not inconsistent with the provisions of these rules, be deemed to be orders or instructions made under these rules.
38. Relaxation.-- Any of these rules may, for reasons to be recorded in writing, be relaxed by the Governing Body on the recommendations of the Academy's Director.