In exercise of powers under section 18(2) of the Iqbal Academy Ordinance 1962 (XXVI of 1962) and in pursuance of the decision of Governing Body vide item No.14 of its 23rd meeting held on 21.11.1987 the Academy is pleased to frame the following Pension and Gratuity Rules.
1. Short title and Commencement.-- (1:1) These Rules may be called the Iqbal Academy Pension Rules 1993.
(1:2) These shall come into force at once.
2. Extent of Application.-- These Rules shall apply to:
(2:1) all the existing and future direct employees of the Academy.
(2:2) These Regulations shall not apply to:-
(2:2:1) the employees engaged on daily wages;
(2:2:2) Academy's employees engaged on contract which contains no stipulation for pension under these rules;
(2:2:3) any employee of the Academy or class of Academy's employees who may be specially excluded by the Academy from the application of these rules;
(2:2:4) any employee of the Academy who holds a post which has been declared by the Academy to be non-pensionable;
(2:2:5) any person whose whole time is not retained for Academy's service but is merely paid for work done;
3. Where these Regulations are silent, the rules/regulations/instructions framed/issued by the Federal Government on the subject shall apply.
4. Option.-- (4:1) The existing employees of the Academy mentioned in clause (i) of rule 2 above will exercise the option whether they would be governed by these regulations in lieu of the existing Iqbal Academy "C.P. Fund Rules" within a period of six months from the date of application of these Regulations. The option shall be communicated in writing to the Director Iqbal Academy. The option once so exercised shall be final. Employee who fails to exercise option within the stipulated period shall be deemed to have opted for the Iqbal Academy Pension Rules.
(4:2) The employees who have retired/died or invalidated on or after application of these Regulations shall be deemed to have opted for these Regulations provided these Regulations were otherwise applicable to them.
(i) The amount subscribed to the contributory Provident Fund by an Academy's employee who opts for these Rules or is deemed to have so opted or to whom these Rules have been applied, shall be refunded to him/her alongwith the amount of interest accrued thereon unless he/she declares that the amount at his/her credit may not be refunded and may be converted to the G.P. Fund.
(ii) The amount contributed by the Academy to the Provident Fund of an Academy's employee who opts for Rules or is deemed to have so opted or to whom these Rules have been applied shall be surrendered as the case may be to the Academy along with the amount of interest accrued thereon:
Provided that these provisions shall not apply to the Academy's employees who are appointed on contract basis for a limited period and have been extended the benefit of Provident Fund under the terms and conditions of their appointments.
5. Definitions.--In these Regulations, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them:
(5:1) "Governing Body" means the Governing Body of the Academy.
(5:2) "Executive Committee" means the Executive Committee of the Academy.
(5:3) "Director" means the Director of the Iqbal Academy:
(5:4) "Medical Authority" means an authority appointed to conduct medical examination of Academy's employees for the purpose of granting invalid pension, extraordinary pension or commutation of pension. This authority shall be:-
(5:4:1) In the case of an employee in BPS 1 to 16 the approved medical attendant of the Academy.
(5:4:2) In the case of all other employees standing medical board consisting of not less then two medical officers appointed by the Executive Committee/Governing Body.
(5:5) "Pension Fund" means the fund maintained under Rules 6.
(5:6) "Employee" means an employee of the Academy.
(5:7) "Service" means the Service of the Academy.
(5:8) "Government" means the Federal Government of Pakistan.
(5:9) "Pension" means the amount of Pension admissible to Government Servant of the equivalent or comparable scale in pensionable service of the Government of Pakistan.
(5:9:1) In the case of male employee, the wife or wives and children of the employee and the widow or widows, and children of a deceased son of the employee provided that if an employee proves that his wife has been judicially separated from him or has been ceased under the customary law of the community to which she belonged.
(5:9:2) In the case of female employee, the husband and children of the employee and the widow or widows or widows and children of a deceased son of the employee provided that if a female employee, by notification in writing to the office of the Academy, expresses her desire to exclude her husband from the family, the husband shall no longer be deemed to be a member of the family in matters to which these Regulations relate unless the employee subsequently cancels formally in writing her notification excluding him.
(5:9:3) "Children" means legitimate children.
(5:10) The words and expressions used but not defined shall bear the same meanings as they bear in the Iqbal Academy Service Rules/the Federal Government Services Employees Pension Rules.
6. Pension Fund.-- There shall be maintained a Pension Fund to the credit whereof shall be placed:
(6:1) the amount contributed by the Academy to the Provident Fund accounts of the Academy employees who have under these Rules opted for pension; and
(6:2) The pension charges at the rate of 10% of the basic pay per month for every employee of the Academy.
(6:3) All profits accruing to the fund on its investments.
7. General Conditions governing entitlements to Pension.-- (7:1) Good conduct is an implied condition and a prerequisite for the grant of pension of every kind. Pension will not be allowed to the employee of the Academy who did not take keen interest in his work or remained indisciplined or indulged in absenteeism or took part in politics or violated other provisions of the Govt. Employees Conduct Rules, 1964 or committed misconduct as defined by the Government Employees Efficiency and Discipline Rules applicable at the time. The Academy may withhold or withdraw a pension or any part of it if the pensioner be convicted of a crime involving moral turpitude or be found to have been guilty of misconduct as defined by the Government Efficiency and Discipline Rules either during or after the completion of his service, provided that before any order to this effect is issued, the procedure as laid down in the Government Efficiency and Discipline Rules applicable at the time regarding imposition of penalty shall be followed.
(7:2) The Academy reserves to itself the right of recovery from the pension of a pensioner on account of losses found in judicial or departmental proceedings to have been caused to the Academy by the negligence or fraud of such pensioner during his service, provided that such departmental proceedings shall not be instituted after more than a year from the date of retirement of the pensioner.
(7:3) In case the amount of pension granted to an employee be afterwards found to be excess of that to which he is entitled under the Regulations, he shall be called upon to refund such excess.
(7:4) No pension may be granted to an employee dismissed from service.
Note.--All inquiries are to be initiated/finalised within one year of the retirement of an employee, failing which full pension/gratuity has to be sanctioned in favour of the retired employee.
(7:5) Any of these Regulations may, for reasons to be recorded in writing, be relaxed in individual cases by the Director of the Academy if he is satisfied that a strict application of the regulations will cause hardship to the individual.
8. Authority competent to grant Pension.-- The authority competent to grant pension shall be the authority competent to make appointment to the post last held by the Academy's employee at the time of retirement.
9. Maintenance of Pension fund.-- If the amount in the Pension Fund is surplus to the requirements for the purpose of pension, the surplus fund may, with the previous sanction of the Director, be invested in such manner as may be necessary, and if the pension is running short of the requirement of the purpose of pension the Academy may raise its contribution to the Pension Fund under rule 6:2 to such extent as may be specified.
10. Previous Service.-- The previous service of an employee of the Academy who leaves a pensionable post under a Government department/autonomous organization to join the Academy service may be counted towards his pension provided that his parent department contributes proportionately towards the Pension Fund of the Academy for the services rendered by him under that department before joining the Academy.
1. Conditions of qualifications.--The service of an employee will qualify for pension provided it is rendered under the Academy or prior to that under the Govt. or an organization and is continuous, provided that Academy will accept the pensionary liability in respect of employees of other organization, only if:-
(1:1) the former employers had pension scheme, and/or
(1:2) the former employing organization is prepared to accept the proportionate liability for the period such an employee was in its service.
(1:3) in the case of an employee of the Academy who renders service in a Government department the concerned department will make payment of pension contribution to the Academy at the prescribed rates subject to the following conditions:-
(1:3:1) The appointment of the individual concerned in the Government department was made with the consent of the Director of the Academy and with the approval of the competent authority in the Government department concerned in accordance with the normal procedure for making such appointments.
(1:3:2) The regular employees of the Academy will be entitled to the same benefits of pensions as will be admissible to the servants of the Federal Government and the employee concerned had rendered qualifying service for pension in the Academy before his appointment in the Govt. department concerned.
(1:3:3) The Academy agrees to count the service of the individual concerned under the Government for the purpose of pension; and
(1:3:4) In case of a Government servant who resigns from the service to take up an appointment in the Academy as its regular employee, his resignation will not be treated as resignation of the public service in terms of Article 418(b). C.S.R. and the Academy will count Government service of such an employee for the purpose of pension and accept the full pensionary liability; the Government department will, however, pay pension contribution to the Academy at the prescribed rates in respect of the Government service rendered by the said employee. This will be subject to the following conditions:-
(a) The application for appointment to the relevant post in the Academy was made by the Government servant concerned through proper channel, or it was with the consent of the competent authority in the Government department concerned that the new appointment in the Academy was taken up.
(b) The Government servant concerned had, while tendering resignation from public service, stated clearly that he was doing so to take up another appointment in the Academy. This should be supported by his letter of resignation and its acceptance of the competent authority.
(c) The service rendered by the Government servant concerned in the previous Govt. Department was pensionable.
(d) Pension contribution shall be made at the rate prescribed in Finance Division's O.M. No.F.5(5)-Reg. 7/79-1407, dated 15th December, 1981.
2. Temporary and Officiating Service.-- Temporary and officiating service shall count for pension as indicated below:
(2:1) Temporary and officiating service subsequently declared regular shall count for pension or gratuity.
(2:2) The service of an employee on probation who is subsequently declared regular without interruption qualifies for pension.
3. Training.-- The time spent by an Academy employee in approved training shall count as service qualifying for pension.
Note.-- The period of training before actual appointment in the Iqbal Academy shall not count for pension.
4. Leave.--All leave (other than extraordinary leave) counts as qualifying service for purposes of pension.
5. Deputation.-- Time spent by an employee working against regular post, on deputation to:-
(5:1) Any Government or Autonomous or Semi-Autonomous Body or any other agency or firm approved by the Academy in or out of Pakistan;
(5:2) Service on a temporary or non-pensionable post as mentioned in (5:1) above will count for pension including the joining time as if it were a time spent under the Academy provided pension contribution for the period involved is duly made by the foreign employer or the employee as the case may be.
6. Suspension.-- Time passed under suspension followed by reinstatement shall count for pension irrespective of whether the Academy's employee was or was not allowed full pay and allowances for that period.
7. Resignation, dismissals, removals & reinstatement.-- (7:1) Resignation from the Academy's service or dismissal, removal from it for misconduct, insolvency, inefficiency not due to age entails forfeiture of past service.
(7:2) In the case of employees retired/removed/terminated and reinstated subsequently, their service for the period for purposes of pension shall be governed by the Government instructions issued from time to time.
8. Interruptions.-- An interruption in the service of an employee entails forfeiture of his past service, except in the cases:-
(8:1) Authorised leave of absence.
(8:2) An authorised absence in continuation of authorised leave of absence so long as the office of absentee is not substantively filled, if his office is substantively filled, the past service of the absentee will be forfeited.
(8:3) Suspension immediately followed by reinstatement which need not be to the same office or by compulsory retirement.
(8:4) Abolition of office or loss of appointment owing to reduction of establishment.
(8:5) Transfer to non-qualifying service in an establishment under the Iqbal Academy provided the employee does not voluntarily resign from qualifying service and the transfer was made by a competent authority.
(8:6) Time occupied in transit from one appointment to another, provided that the employee is transferred under the orders of competent authority.
(8:7) Due to any other reason, provided the interruption is not due to any fault or willful act of Academy's employee, such as unauthorized absence, resignation or removal from service.
9. Deficiencies.-- (9:1) A deficiency of six months or less in the qualifying service of an employee shall be deemed to have been condoned.
(9:2) A deficiency of more than six months but less than a year may be condoned by the Academy if both conditions