National Electric Power Regulatory Authority

(NEPRA) Service Regulations, 2003

S.R.O. 544(I)/2003, dated 12.6.2003. — ln pursuance of Section 10(1) and Section 47(2) of the Regulation of Generation, Transmission and Distribution of Electric Power Act (XL of 1997), the National electric Power Regulator Authority (NEPRA) is pleased to make the following Regulations, namely:—

CHAPTER 1

GENERAL PROVISIONS

1.         SHORT TITLE, APPLICATION AND COMMENCEMENT.

(1)        These regulations may be called the National Electric Power Regulatory Authority (NEPRA) Service Regulations, 2003.

(2)        They shall come into force at once.

(3)        These Regulations shall apply to all the employees appointed in NEPRA on regular basis, by the Authority except the following:

            (a)        a person employed on contract, including consultants.

            (b)        a person who is serving on deputation to the Authority.

            (c)        a person who is employed on daily wages/per diem basis.

 

2.         DEFINITIONS. —  Unless there is something repugnant in the subject or context, the words defined below shall have the meanings ascribed to them hereunder. Subject to the foregoing, all words defined in the NEPRA Act and appearing in these regulations shall have the meanings ascribed to them in the Act.

(1)        “Appointing Authority” means the Authority or any Member of the Authority or an officer of the Authority no less than the DG of a section to whom such powers are conferred by the Authority.

(2)        “Authority” means the National Electric Power Regulatory Authority established under section 3 of the Regulation of Generation, Transmission and Distribuition of Electric Power Act (XL of 1997).

(3)        “Authorized Officer” means an officer authorized by the Authority to perform functions under these Regulations.

(4)        “Competent Authority” means the Authority, the appointment authority or any officer/senior employee of NEPRA who is designated by the Authority to exercise the powers of the Competent Authority.

(5)        “Controlling Officer”  means an officer declared as such for exercising supervision over the traveling allowance bills etc., of NEPRA employees or a class of employees.

(6)        “Conveyance allowance” means a payment to an employee, as a percentage of the pay package, for day to commuting between his/her residence and place of normal duty.

(7)        “Daily Allowance” means a payment ot an employee for each day of stay outside his/her own duty station of posting as approved by the Competent Authority.

(8)        “Day” means a calendar day, beginning and ending at midnight..

(9)        “Dental treatment” will cover treatment for cure of all types of dental ailments and shall not include cosmetic orthodontics, provision of removable dentures, gold crowns and gold inlays.

(10)       “Emergency” means cases where the patient requires immediate medical attention and any delay may be detrimental to his/her health.

(11)       “Employee”  means a regular employee of NEPRA.

(12)       “Family” means wife and dependent legitimate children of the employee. For the purpose of medical facilities the parents of the employee are also included in the family.

(13)       “Fare” means cost of tickets by the class of accommodation to which an employee is entitled to travel or if he travels by a lower class, the cost of ticket of such lower class.

(14)       “Fund” means the Contributory Provident Fund (CPF) established by NEPRA.

(15)       “Grade” means a grade as prescribed by the Authority in these regulations.

(16)       “Holiday” means a holiday notified by the Government.

(17)       “Indoor treatment” means all types of major ailments; specialized or prolonged treatment for chronic diseases; physical injuries; for the treatment of which the employee or a member of his/her family is required to be admitted for stay in a hospital. It shall include stay in hospital of less than 24 hours if required for carrying out diagnostic tests, treatment or minor surgery.

(18)       “Misconduct” includes

a.         breach of service discipline required pursuant to an administrative order or instructions issued by the Authority from time to time;

b.         commission of theft, fraud, dishonesty or any other offence involving moral turpitude;

c.         divulgence of any secret/restricted information relating to regulatory matters of the Authority for the purpose of any kind of benefit to himself/herself or favouring any person;

d.         willful insubordination or disobedient whether alone or in combination with others, to any lawful and reasonable order of an officer superior in rank according to the Administrative structure of the Authority.

e.         willful damage to or loss of the Authority’s goods or property;

f.          habitual absence without leave or habitual late attendance without sufficient cause;

g.         habitual negligence or neglect of work; and

h.         continuous absence without permission and without satisfactory cause of willful absence for more than two weeks.

(19)       “Outdoor treatment” means ailments of minor nature requiring occasional consultation with a physician/general practitioner, where the patient is not required to stay in hospital.

(20)       “Penalty” means a penalty, which may be imposed under these Regulations.

(21)       ”public CONVEYANCE” means a plane, train, or other mode of conveyance used for travel and is not owned by the employee.

(22)       “Road Journey Allowance” means an allowance calculated on the distance of travel, paid to an employee to meet the cost of a particular journey.

(23)       “Salary” means the amount drawn by an employee on monthly basis as

            a.         basic pay

            b.         Technical/Special pay

            c.         House rent allowance

            d.         Conveyance allowance

            e.         Utilities allowance

            f.          Cost of living allowance and

            g.         any other emoluments which may be calculated as salary by the Authority.

(24)       “Specialist” means a doctor, individually or as a member of the panel constituted by the Authority from time to time, to attend to the patients needing specific or prolonged treatment.

(25)       “Subscriber” means a regular employee of NEPRA subscribing to the CPF established by NEPRA, who has satisfactorily completed the probation period.

(26)       “Transfer” means the movement of NEPRA employee from oen station to which he is employed, to another station on permanent basis or temporary basis for not less than three months, either:

            a.         to take up the duties of a new post, or

            b.         in consequence of change of his duty station.

(27)       “Vehicle maintenance and usage allowance” means an allowance indicating vehicle maintenance and fuel usage, as an equivalent price of petrol prevailing on 25th of the month (the month for which salary is payable to the employee), allowed to an empl9yee who owns a vehicle registered in his/her own name, in accordance with his/her pay scale as per Appendix-5.

(28)       “Year” means a financial year.

CHAPTER 2

SERVICE OF THE AUTHORITY

3.         SERVICE AND CADRE

            There shall be two cadres of service as follows :

(a)    Professionals. This cadre will comprise of employees who are employed for providing professional assistance to the Authority in Regulatory maters and shall generally posses basic qualification and experience in the profession of law, business, engineering, finance, accounting, economics or the electric utility business. Initial induction in this cadre will be made in the NEPRA pay scales NPG 1 to 4 and NEG 1 & 2.

(b)    Support Staff. This cadre will comprise of employees who are employed for provision of services to the staff, professionals and Members of the Authority. This group shall include Private Secretaries, Stenographers, Stenotypists, Drivers, Qasids and those approved by the Authority as support staff employees. Generally the support staff shall be appointed in NEPRA pay scales NSG 1 to 6, however in special cases were an employees is considered suitable and for reasons recorded in writing, the Authority may allow employees serving in NSG-6 from among the support staff to be placed NPG-1 level-B employees in accordance with the provisions made in the eligibility criterion given in Appendix-2. Provided that such placement shall not entitle the employee to a change of cadre.

(c)    Change of Cadre.

The Authority may for reasons to be recorded in writing change the cadre of an employee from a Support staff cadre to the Professional cadre provided that the employee possesses the required qualification of the professional cadre and the Authority is satisfied that the employee’s experience and expertise is relevant and that the employee is suitable for induction on competitive basis in the Professional cadre.

(2)                   The current organizational requirement of staff is indicated in the organogram of the Authority (attached as Appendix-1) subject to future modification through creation /abolition of cadres and/or posts ass required by the Authority from time to time.

4.         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 Authority.

(2)             In all matters not expressly provided for in these Regulations, the decision taken by the Authority in the matter shall be applicable to the employees.

5.         EMPLOYMENT TO BE FOR WHOLE TIME

 

Unless otherwise provided, the employee shall be considered a whole time employee and he may be employed in any manner required by the Authority with or without any claim for additional remuneration.

6.         CLAIMS TO BE REFERRED WITHIN 6 MONTHS

No monetary claim by the employee will be entertained if it is not submitted within six months of its becoming due, unless the time-limit is specifically relaxed in individual cases by Chairman, Vice-Chairman or by a person to whom powers have been delegated in this regard by the Authority.

CHAPTER 3

APPOINTMENTS

7.         INITIAL APPOINTMENT

Appointments to various posts of the cadre shall be made by the Competent Authority as described in these Regulations. The appointments will generally be made at the minimum of the various pay scales. The Authority may however grant advance increments on initial appointment to deserving candidates possessing specific qualification and/or relevant experience required for the job.

(1)        Citizen of Pakistan – Eligibility

 

Only persons having citizenship of Pakistan shall be eligible for appointment. A person who himself/herself or whose spouse is a citizen of any country other than Pakistan shall not be eligible for appointment against a regular post.

Provided that the above requirement may be relaxed by the Authority for dual nationality holders in addition to being citizen of Pakistan, for reasons to be recorded in writing, in case where the required expertise or qualification for a specific job is not available or expected to be available within the citizens of Pakistan holding only Pakistani nationality and where the Federal Government has not placed any bar on such induction.

(2)        Minimum Age

Only persons who have attained the following age shall be eligible for appointment:

            NSG 1 – 4                                18 years

            NSG 5 – 6                                21 years

            and NPG 1

(3)        Medical Fitness

(a)        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 the medical board or medical officer as may be specified by the Authority and in the prescribed form which shall be appended to his first pay bill.

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

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

(ii)             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, by a medical officer for the same medical standards as are applicable to the post in which he is proposed to be appointed.

8.         CHARACTER AND ANTECEDENTS

The prospective employee shall have to provide at least two reference giving confirmation of the sound social and moral character of the prospective employee from persons who are either already employed at a responsible position in any Federal / Provincial Government or attached department or are persons of known social standing in the urban or rural communal setup. The Authority may at its discretion, ask for the comments from the referred persons regarding the concerned employee.

THE Authority I addition to the above confirmation may carry out confirmation of the moral and social character of the prospective employee through its own source or those of the Federal or Provincial Government.

9.         VACANCIES TO BE ADVERTISED

 

All vacancies required to be filled shall be advertised in such newspaper as may be considered appropriate, provided that the Authority may allow the requirement of the advertisement to be waived off in cases where the requirement of the post to be filled can be met with by employing only specific person / persons suitable for the task or there is urgency of filling the post and delay due to the publication or where a post has already been advertised but suitable candidates are not found to be available, the publication for the second or third time may result in an advertise effect on the performance of the Authority’s functions under the Act. Provided however that such an appointment shall be made only for a limited period of upto six months, extendable by further six monthly periods, till the post is filled after due publication subject to a maximum period of such adhoc appointment of not more than two years.

10.        AGE OF SUPERANNUATION

The superannuation age for retirement from NEPRA service will be sixty (60) years. However an employee may leave NEPRA service upon tendering his/her resignation to the Authority by giving one month notice or one month’s salary in lieu thereof.

11.        OBSERVANCE OF MERIT

All posts in NEPRA shall be filled on an all-Pakistan basis in accordance with merit except for appointment sin NPG-1 and NSG-1 to 6. For induction in NPG-1 and NSG-1 to 6 the following criteria will be observed.

a)         Merit                 60%

b)         Quota                40%     (to be equally distributed among the four                                                                 provinces of Pakistan)

12.        APPOINTMENT OF AN EMPLOYEE

The Authority in order to carry out its functions may, from time to time, according to the requirement, appoint such persons, in accordance with the terms and conditions laid down in these Regulations. The selection for the vacant posts shall generally be made by direct appointment or if found suitable, by promotion from amongst the relevant cadre of existing employees in accordance with these Regulations. Direct appointment may be made at any level and in any cadre depending upon the requirement of the job at that time.

13.        COMPETENT AUTHORITY TO MAKE APPOINTMENT

The authority competent to make appointment to various posts shall be as follows:

(1)        Posts in pay scale NEG-1 & 2     Authority

            and NPG-3 & 4

(2)        Posts in pay scale NPG-1 & 2     Authority or Committee constituted

            and NSG-1 to 6                          by the Authority comprising of

                                                            V.C, one Member and D.G of the

                                                            Concerned section.

14.        METHOD OF APPOINTMENT, QUALIFICATIONS ETC.

(1)             Appointment to various posts shall generally be made on regular basis by initial appointment in accordance with these Regulations. However if deemed expedient and for reasons recorded in writing the Authority may appoint persons on contract or contingency basis; provided however that employment on contract basis shall be restricted to consultants & advisors and employment on contingency basis shall be restricted to NSG 1 to 4.

(2)             The method of appointment, qualifications and experience of the incumbent to a sanctioned post and other conditions relating to various posts shall be as laid down in Appendix-2 with subsequent additions/modification as approved by the Authority from time to time. The pay scales and allowances for NEPRA employees for various levels shall be as laid down in Appendix-3.

 

15.        SELECTION COMMITTEE

The Authority may constitute a selection committee comprising of member/members of the Authority, or the professionals, which shall make recommendations to the Authority for initial appointment or promotion. All appointments selections and promotions etc. will be subject to approval of the Authority.

16.        PROBATION, EXTENSIONS & TERMINATION OF PROBATION

(1)             A person appointed to a regular post by initial appointment hall be on probation for a period of one year.

(2)             The period of probation may be extended for a further period of one year before the expiry of the initial probation period if the performance of the incumbent is not satisfactory during the initial probation period.

(3)             On successful completion of the period of probation or otherwise, which ever the case may be, the employee will be informed accordingly.

(4)             Where, in the opinion of the Authority, the performance or conduct of a person on probation has been unsatisfactory or where he/she has failed to pass such examination or test or to complete successfully any mandatory course or training, the services of the employee shall be terminated.

(5)             An employee who satisfactorily completes the probation period, shall be eligible for confirmation.

17.        ADDITIONAL CHARGE OF AN EQUIVALENT POST

(1)             Where considered in the interest of the Authority’s work an employee may with the approval of the Authority be given additional charge of a vacant post (for which he is qualifies and considered suitable) till such time as determined by the Authority.

(2)             In all cases of additional charge of an equivalent post, the employee entrusted with the additional charge shall be paid 20% of his basic pay as an additional charge allowance.

18.        CURRENT CHARGE OF A HIGHER POST

(1)             Where considered in the interest of the Authority’s work, an employee who is the senior most amongst his cadre, may with the approval of the Authority be given the current charge of a higher position against a vacant post (for which he is otherwise considered eligible for promotion) till such time as determined by the Authority.

(2)             In all cases of current charge of a higher post, the employee entrusted with the current charge of another post shall be paid 20% of his basic pay as current charge allowance.

19.        ANNUAL INCREMENTS

(1)             Annual increments shall be due on the first of December every year to all regular employees of the Authority, provided that: (i) the employee has completed at least six months of service by December 1, in that year; (ii) the Incharge Officer, the next senior officer or the Member incharge has not declared in writing the performance of the employee as unsatisfactory, during the year for which the increment is due. This report should be submitted to the Admin. Section by 15th of November of the year. Non intimation of the repot would be considered that the performance of the employee is satisfactory. Provided that a satisfactory report as aforementioned would be required prior to allowing the 1st increment accruing to an employee under NEPRA service.

(2)             The Authority may grant more than one increment to an employee on the basis of his meritorious performance and the recommendation of the IO, SRO, NSRO and the Member concerned.

(3)             The grant of increment may be denied if, a) the employee has not satisfactorily completed the probation period, b) the performance of an employee is not satisfactory as declared by his Incharge Officer pursuant to sub rule (1) and (2) above or c) the annual increment has been withheld by the Competent Authority in a disciplinary case.

(4)             The increments so denied as per clause 19(3) may be compensated in the following year subject to the approval of the Authority.

20.        APPOINTMENT BY CONTRACT

(1)             Where under special circumstances, it is not possible to appoint a person, under the prescribed manner, the Authority may employ by contract a Consultant or advisor, for carrying out a specialized assignment or a specific job with a specified time and at a suitable remuneration as approved by the Authority.

(2)             Where under special circumstances due to exigency of tasks required to be performed by the professionals to assist the Authority in performing its functions and where the appointment of a person, under the prescribed manner is considered to delay the availability of a required professional, the Authority may employ through contract or a job requiring specialized expertise within a specified time. Such appointment may be made at suitable remuneration as approved by the Authority on a case to case basis, after due assessment of the prevailing market rates for the acquisition of the similar services.

21.        INDUCTION BY DEPUTATION

In case where a person possessing specific skills or expertise is required to assist the Authority in performing its functions and the required services can not be immediately availed through direct recruitment, vacant posts in NEPRA may be filled by acquiring the services of any person from other Federal/Provincial Government departments or Autonomous/Semi Autonomous bodies.

22.        CONDITIONS OF DEPURATION

(1)             The Authority may induct a person; who is an employee in the service of a Federal or a Provincial Government or of an autonomous/statutory organization set-up, managed or controlled by the Federal Government or Provincial Government, on depuration to equivalent post and in exceptional cases one step higher in the service of the Authority. Such induction shall be made for such period and on such terms and conditions as mutually agreed by the lending authority and NEPRA. The pay and perquisites offered by the Authority to the deputationist may be equivalent to or higher than those, the deputationist was drawing in his/her parent department, in accordance with such terms and conditions as agreed between the Lending authority and NEPRA. The Authority may allow an officer on deputation to draw the salary in NEPRA pay scale commensurate with the post against which the deputationist is assigned to work on NEPRA.

(2)             Unless it is otherwise provided in any specific case, the person on deputation shall be a whole time employee of the Authority. The employee shall devote his whole time to his duties, abide by the rules and Regulations and other orders and instructions issued by the Authority.

(3)             The employee on deputation shall himself/herself be responsible for all deductions and financial obligations to his/her parent department or any other department.

23.        ABSORPTION OF A PERSON SERVING ON DEPUTATION IN THE AUTHORITY

(1)             A person serving in the Authority on deputation basis may be appointed on regular basis against a post for which is is considered suitable by the Authority, subject to the following conditions:

(a)             The person concerned applies in writing for such appointment in the Authority.

(b)             The lending organization to which he belongs agrees to such appointment in the Authority.

(c)             The person he possesses the minimum qualification and experience laid down for initial appointment to the post in Appendix-2 and is considered suitable by the Authority to be employed for a specific post.

(d)             The person concerned resigns from the lending agency and his resignation is accepted by his parent department.

(2)             Save as may otherwise be provided by these Regulations, the benefit of his previous service with the parent department which is relevant ot his assignment at NEPRA may be considered by the Authority for the purpose of fixing his/her pay in NEPRA pay scales.

(3)             The period of service in NEPRA on deputation before being absorbed as a regular NEPRA employee, may be considered towards seniority purposes provided there is no break in service between the termination of deputation period and joining NEPRA as a regular employee and the previous experience is considered relevant by the Authority.

(4)             Nothing contained in this regulation shall be construed to confer any right on such a person on deputation to claim absorption in the Authority.

CHAPTER – 4

POSTING, TRANSFER AND TRAINING

24.        LIABILITY TO SERVE IN ANY POST

An employee shall be liable to serve anywhere within the country as assigned by the Authority within its head office and other offices setup by the Authority or in any organizational setup, controlled or managed by the Authority.

25.        TRANFER FROM ONE POST TO THE OTHER WITHIN THE AUTHORITY:

The Authority or a Member of the Authority, to whom powers are delegated may transfer an employee within the cadre to another post within the Authority.

26.        DEPUTATION TO OTHER REGULATORY ORGANIZATIONS

(1)             The Authority may with the consent of the employee transfer his/her services to another regulatory organization or in associated agency oon deputation, on such terms and conditions as may be agreed to with the borrowing agency.

(2)             While on deputation, an employee except as may be mutually agreed to with the borrowing agency, shall continue to be governed by the rules and Regulations applicable to him as an employee of the Authority.

(3)             An employee on deputation shall draw pay from the borrowing agency from the date on which he relinquishes charge of his/her post in the Authority. Subject to any restriction which the Authority may by general order impose, the amount of his pay, the amount of joining time admissible to him/her and his/her pay during such joining time will be fixed by the Authority in consultation with the borrowing agency.

(4)             On expiry of the deputation period an employee will take the charge of the same post in NEPRA, held by him/her before proceeding on deputation.

(5)             During the deputation period, leave shall be allowed to the employee in accordance with the rules of the borrowing agency. The deputation period shall ot be counted for, earning leave under the Authority.

(6)             The employee shall, during the period of his deputation pay to the Authority pension contribution or other mandatory contributions such as provident funds as and when specified by the Authority and as amended from time to time.

(7)             During the period of deputation, the person concerned will not be entitled to any medical facility in respect of himself and family members at the expense of the Authority.

(8)             Any extension beyond the original period of deputation without prior approval of the Authority will be treated as misconduct on the part of the employee concerned and may call for disciplinary action.

(9)             Promotion of an employee who on deputation will be considered in accordance with his seniority only after he resumes duty with NEPRA.

27.        TRAINING

The Authority may require an employee to undergo such training within or outside Pakistan at any time and for any duration and on such terms and conditions as it may specify in each case.

CHAPTER – 5

PROMOTION

28.        ELIGIBILITY FOR PROMOTION

An employee proceeding such minimum qualifications and length of service as specified in Appendix-2 for appointment in NEPRA shall be eligible for promotion to a higher post subject to (a) suitability of the incumbent for the next higher post to be determined by the Authority and (b) the successful completion of any course, training or examination or such other criteria determined by the Authority and considered mandatory for promotion to the higher post.

29.        PROCEDURE FOR PROMOTION

(1)             In case where the Authority decides to fill a vacancy through promotion, the Promotion shall be made either directly by the Authority on a case to case basis or on recommendation of the Promotion Committee constituted by the Authority for the purpose.

(2)             The committee constituted by the Authority for recommending the cases of employees eligible for promotion may,

(a)             recommend an employee for promotion to the next higher post; pr

(b)             recommend an employee as unfit for promotion for the time being and recommend to delay the promotion of the employee for a period of upto three years to improve his performance and review of his case after the said period; or

(c)             recommend to defer consideration of the case of an employee on account of non-availability of one or more confidential reports or other documents or information considered necessary to enable the Committee to determine his fitness for promotion, or the employee being 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 or departmental examination, until such time as the deficiency is made good by the employee.

(3)             An employee who is superseded and his case deferred for promotion will not be considered again for promotion unless be has earned one more confidential report for one full year. 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 and on expiry of the period of deferment. Provided that an employee whose case was deferred because he was on extraordinary leave, whether in or ex-Pakistan, shall be considered for promotion after he resumes duty on the expiry of the sanctioned period of his extraordinary leave.

(4)             An employee shall be promoted to a Post only within his own cadre and subject to the fulfillment of all other conditions laid down in these Regulations.

(5)             An employee who is on extraordinary leave for a period of less than one year will be considered for promotion on his resumption of duty and if found fit and approved by the approving Authority, his promotion shall take effect and pay of the higher post shall accrue, from the date he assumes the duties of the higher post.

(6)             For the purpose of promotion to the next higher scale/grade in NEPRA, the duration of previous service of the employee before joining NEPRA which is relevant ot his assignment at NEPRA would be given due consideration.

30.        PROMOTIN 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 or length of service only.

CHAPTER – 6

ANNUAL ASSESSMENT REPORT OF EMPLOYEES

31.        ANNUAL ASSESSMENT REPORTS

(1)             Annual Assessment Report of each employee who has served the Authority for more than six months without any break during that year shall be prepared on a calendar year basis, in the first month of the following year, on the prescribed form to be approved by the Authority.

(2)             The Initiating Officer (IO), Senior Reporting Officer (SRO) and Next Senior Reporting Officer (NSRO) for the Annual Assessment Reports of the employees in various may scales will be as follows:

Employee in NSG-6 and below IO – the officer in NPG-1 or above SRO – the officer in NPG-2 or above NSRP – the officer in NPG-3 or above

 

Employee in NPG-1 IO – the officer in NPG-2 or above SRO – the officer in NPG-3 or above NSRP – the officer in NPG-4 or above

 

Employee in NPG-2 IO – the officer in NPG-3 or above SRO – the officer in NPG-4 or above NSRP – the officer in NEG-1 or above

 

Employee in NPG-3 IO – the officer in NPG-4 or above SRO – the officer in NEG-1 or above NSRP – the officer in NPG-2 or above

 

Employee in NPG-4 IO – the officer in NEG-1 or above SRO – the officer in NEG-2 or above NSRP – the Member concerned

 

Employee in NEG-1 IO – the officer in NEG-2 or above SRO – the Member concerned NSRP – the Chairman

 

Employee in NEG-2 IO – the Member concerned SRO /NSRP – the Chairman

 

(3)             The remarks of the IO endorsed in the assessment report will be discussed by the IO with the employee concerned and the signatures of the employee will be obtained on the assessment report whether or not he agrees with the IO.

(4)             All Annual Assessment Reports are to be maintained by the confidential section of the Administrative Directorate.

CHAPTER – 7

LEAVE

  1. 32.            GENERA

(1)             Leave cannot be claimed as a matter of right but is a privilege and its grant shall be subject to exigencies of service, at the discretion of the Competent Authority;

(2)             When the exigencies of service so require, the Competent Authority may refuse the grant of leave or cancel the leave already granted or recall an employee before the expiry of the leave; Provided that the reason for such refusal, cancellation or recall, as the case may be, shall be conveyed in writing to the employee concerned in time as far as practicable.

(3)             No employee shall leave unless he applies for the same in advance to the Competent Authority for its sanction, provided that where an employee is unable to apply for such leave in advance due to reasons beyond his control the leave so availed may be approved ex post facto by the Competent Authority on provision of evidence to the inability of the employee to inform the Authority in advance.

(4)             Every employee shall be allowed holidays with pay on all days declared by the Federal Government as closed holidays. If, however, an employee is called for duty on a close holidays, he shall be allowed off-day with pay, within three days before or after the day a close holiday falls in lieu of the holiday or if he does not avail the compensatory leave, he/she shall claim compensatory allowance as prescribed by the Authority from time to time.

33.        CASUAL LEAVE

(1)             An employee may be granted casual leave up to a maximum of 20 days in a calendar year. However, the casual leave shall not be combined with any other kind of leave. The casual leave shall not be claimed as a matter of right.

(2)             An employee shall avail no more than 10 days casual leave continuously at a time, provided that the limit may be extended by the Competent Authority under special circumstances at the request of the employee.

(3)             Casual leave may be prefixed or suffixed to a closed, holiday.

(4)             A holiday or sequence of holidays cannot be combined in between two casual leaves i.e. if a closed holiday falls in between two casual leave periods the holiday(s) shall also be counted as casual leave.

(5)             Un-availed casual leave shall lapse at the end of each calendar year provided however, if an employee is granted leave at the end of the calendar year which is spread over the next calendar year, the leave will be accounted for against each calendar year to which the period relates.

(6)             An employee who does not avail the entire casual leave allowed during a calendar year, he/she will be entitled to compensation for the un-availed leave at the rate of 1/25% of his/her gross monthly salary for each day of the leave un-availed.

(7)             An employee who avails the leave in excess of the casual leave admissible, the number of extra days so availed, shall be adjusted against his earned leave account. If there is no earned leave at the credit of an employee, he/she shall be charged for the extra days at the rate of 1/25% of his/her gross month salary for each extra day of the leave availed by him/her

34.        EARNED LEAVE

(1)        A regular employee of NEPRA shall earn leave at the rate of two days for every calendar month or duty period rendered by him/her or as may be amended or prescribed from time to time. This leave will be admissible to the employee on full pay drawn just before proceeding on leave less the allowance i.e. daily allowance messing, and other allowance related to the performance of duty in office.

(2)        The maximum period of earned that may be granted to an employee at a time shall be as under:-

(i)         without medical certificate             60 days

(ii)         with medical certificate                             120 days

(iii)        On medical certificate only once                365+180 =545 days

            In entire service

(3)        The employee will have the option to convert the full pay leave to half pay in which case the leave earned would be twice the actual due. In such a case earned leave can be availed by the employee for the period of leave available to him/her, up to a maximum of one year at a time at the discretion of the Authority.

(4)        Earned leave shall not be encashable except at the time of retirement from NEPRA service and refusal of leave due.

35.        EARNING AND ACCUMULATION OF LEAVE

(1)        A NEPRA employee shall earn leave on full pay at the rate of two days of every calendar month of the period of duty rendered and credited to the leave account as ‘leave on full pay’. Duty period of 15 days or more than 15 days in a month shall be treated as a full calendar month for the purpose.

(2)        The employee will not earn any earned leave during the leave period of any type.

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

36.        STUDY LEAVE

Leave for higher studies within Pakistan or abroad may be allowed by the Authority, whre the Authority is convinced that the acquisition of additional qualification by the employee will be in the interest of Authority provided that such leave shall be adjusted against the earned leave available to the employee. Where no earned leave or insufficient earned leave is available such period of leave shall be treated as extra ordinary leave.

(1)             Eligibility

(a)             Applicant should have completed at least five years continuous service in NEPRA.

(b)             The employee shall have to provide sufficient evidence regarding acceptance of his/her admission by the University/Institution at the time of applying for leave.

(c)             Study must be relevant to the assignment of the employee.

(d)             Application must be recommended by the concerned Member.

(e)             Source of financing for the study or award of any scholarship, assistantship or grant for the study must be clearly indicated.

(f)              Consent of the Member concerned to relieve the applicant for the full period of training with or without replacement.

(g)             A declaration that the employee shall return and resume service in NEPRA for a further period of five years failing which the employee shall be liable to return the entire leave salary paid to him and all other cost born by NEPRA as a consequence of the study.

(2)             Bond

 

The employee shall also have to furnish a bond in prescribed form, for an amount of five hundred thousand rupees or such amount as may be specified from time to time, by the Authority to the effect that he/she and/or his/her surety or sureties shall be liable to pay the specified amount to the NEPRA if the employee violates any terms and conditions of the bond.

(3)             Duration of Study Leave

 

(a)             Study leave may be granted for a maximum period of two years.

(b)             Extension of study leave beyond initial two years may be granted by the Competent Authority, providing the employee demonstrates the need and requirement for such an extension to be justified.

(4)             Benefits During Study Leave

The officer will have lien with the NEPRA and his seniority will be maintained as per NEPRA Regulations applicable from time to time.

37.        EXTRAORDINARY LEAVE (LEAVE WITHOUT PAY)

Where earned leave is not available to an employee or is inadequate, Extraordinary Leave (EOL) without pay may be granted on any ground upto a maximum period of two years at a time, provided that the NEPRA employees to whom such leave is granted has been in continuous service for a period of not less than ten years. Provided that the maximum period of two years shall be reduced by the period of leave on full pay or half pay, if granted in combination with the extra ordinary leave.

38.        DISABILITY LEAVE

(1)        An employee may be granted disability leave in case he is disabled by an injury or disease contracted in or in consequences of performance of his duty.

(2)        Such leave:

(i)              shall not be debited to the leave account of the employee.

(ii)             Shall be granted on production of a medical certificate signed or countersigned by the authorized medical attendant, and

(iii)            Shall not exceed a period of two years unless required otherwise on medical advice duly verified by the authorized medical attendant.

(3)        An employee shall be entitled to draw leave salary for the entire period of disability leave, provided that the disability is duly verified by the approved panel hospital/doctor of NEPRA as the case may be.

39.        LEAVE PREPARATORY TO RETIREMENT

An employee may be granted leave on average pay, subject to availability, not exceeding 365 days, as leave preparatory to retirement.

40.        MATERNITY LEAVE

A female employee may be granted maternity leave for a period not exceeding ninety (90) days. Maternity leave may not be granted for more confinements beyond the second one the female employee would have to take leave from her normal leave account.

41.        LEAVE NO DUE

Leave not due may be granted on full pay, on medical ground upto a period not exceeding 180 days, subject to the following conditions namely :-

(1)             The employee has sufficient amount to his credit in his General Provident Fund Account to cover the pay for the period of leave not due that may be granted to him; or

(2)             Such employee furnishes surety from an officer of the NEPRA to the effect that in case the employee leave the service of NEPRA before making good the amount equal to the leave not due availed by him, the surety shall refund to the NEPRA an amount equal to the period of leave not due, remaining in debt against the employee at the time of his/her leaving the NEPRA.

(3)             The not due shall not be granted to the employee reaching the age of superannuating in any case.

(4)             Leave not due shall not be granted unless the Competent Authority is satisfied that, as far as can be reasonably foreseen, the employee will return to duty and earn it.

42.        LEAVE SALARY DURING LEAVE ON AVERAGE PAY

An employee shall be entitled to draw during the period of leave on average pay, leave salary comprising his pay and allowance, (except the daily allowance, messing, and other allowance related to the performance of duty in office of the employee) as were last drawn by him before the commencement of such leave.

43.        MEDICAL LEAVE

            Medical leave may be granted to an employee in the following manner:-

(1)             Leave on full pay as medical leave for a period not exceeding 120 days at a time, may be allowed to an employee on production of a medical certificate signed or countersigned by the medical attendant authorized by NEPRA for the purpose and also by the patient (employee) himself/herself. Medical leave so availed shall be debited to the earned leave account of the employee.

(2)             The employee returning to duty after availing of such leave shall produce a fitness certificate signed or countersigned by authorized medical attendant.

(3)             Medical certificate and fitness certificate produced by the employee in support of his/her ailment must bear the signature of the patient (employee).

(4)             Medical leave shall not be refused to an employee. However the Competent Authority may refer the employee to another authorized medical doctor/board as the case may, for a second option.

44.        RETURN TO DUTY BEFORE EXPIRY OF LEAVE

An employee on leave may be required by the Authority to resume duty or return to duty before expiry of the period of leave granted to him/her

45.        RECALL FROM LEAVE

If an employee is compulsory recalled to terminate his/her leave and resume duty due to exigencies of the work of the Authority, the employee shall be entitled to single return fare plus allowance as admissible to him/her on tour, from station where the employee is spending his/her leave to the place of duty as indicated in his/her leave application, with the approval of the Competent Authority.

46.        LEAVE WHEN START AND ENDS

Leave shall commence from the day following that on which a NEPRA employee hands over the charge of his post or does not report attendance for duty and shall end on the day preceding that on which he resumes duty.

47.        OVERSTAY AFTER SANCTIONED LEAVE

(1)             Unless the leave of a NEPRA employee is extended by the competent Authority, a NEPRA employee who remains absent after the end of his leave shall not be entitled to any remuneration of the period of such absence, and without prejudice to any disciplinary action that may be taken against him, twice the period of such absence shall be debited against the leave available in his leave account.

(2)             Such debit shall, if there is insufficient credit in the leave account, be adjusted against future earning.

48.        COMBINATION OF DIFFERENT TYPES OF LEAV E

One type of leave may be combined with joining time or any other type of leave otherwise admissible to the NEPRA employee,

49.        CASH COMPENSATION ON REFUSAL OF LEAVE DUE

On refusal to grant leave by the Competent Authority due to exigencies of work or otherwise, to be recorded in writing, the employee shall be granted cash compensation as admissible to him at the rates as 1/20% of the monthly gross salary of the employee for the requested leave, for each day of the leave requested by him/er.

50.        EMPLOYMENT DURING LEAVE

An employee of NEPRA on leave shall not take any service or accept any employment, except in the case of leave preparatory to retirement where the employee is allowed to accept an employment provided it does not create a conflict with the interests of the Authority.

CHAPTER – 8

GRATUITY

51.        GENERAL

(1)             A regular NEPRA employee on retirement from service (a) at the age of superannuation or (b) at an earlier age allowed by the Authority shall be entitled to receive such gratuity as is prescribed in these Regulations provided that he/she has completed at least five years of continuous service with NEPRA.

(2)             In the event of the death of an employee his family shall be entitled to receive such gratuity, as is prescribed, in these Regulations and admissible to the employee prior to his demise.

(3)             No gratuity shall be admissible to an employee who is dismissed ore removed from service for reasons of misconduct. However if the Appellate Authority on appeal sets aside the order of the removal, the employee’s service prior to this removal from service shall count towards gratuity.

52.        CLAIM NOT ADMISSIBLE

For the purpose of these Regulations an employee will not be considered as a regular employee and shall not be entitled to gratuity in the following cases:

(1)             Where an employee is appointed for a limited period only, or for a specified duty, on the completion of which he is to be discharged.

(2)             When an employee is employed under a contract for a limited period.

(3)             When an employee is paid from contingencies.

53.        SERVICE QUALIFYING FOR GRATUITY

(1)             Unless it be otherwise specifically provided, the service of an employee shall commence to qualify for gratuity from the date he takes charge of the post to which he is initially appointed on regular basis.

(2)             The following periods shall count as service qualifying for gratuity:-

(a)             The period an employee remains in regular service.

(b)             All periods of leave, other than extraordinary leave.

54.        SERVICE NOT COUNTED TOWARDS GRATUITY

The period of an interruption in the service of an employee shall be counted towards service qualifying for gratuity as:

(1)             Period of suspension in cases leading to compulsory retirement, removal from service.

(2)             Un-authorized absence from duty which is not condoned by the Authority and adjusted against leave due to the employee.

55.        CALCULATION OF GRATUITY

An employee shall be entitled to the gratuity, at the rate of one and a half time the basic pay last drawn by the employee, for each completed year of qualifying service provided that if, an employee dies in service, his family shall be entitled in addition to the due gratuity of the employee an additional amount equal to three months, gross salary of equal to the period of remaining service years at the time of death (one month’s salary for each year) till his/her date of superannuation which ever is less. For the purpose of this regulation service of 6 months or more shall be treated as full one month.

The ‘Family’ for the purpose of payment of gratuity to ‘Family’ means –

(1)             in the case of a male subscriber, the wife or wives and children of the subscriber, and the widow or widows and children of a deceased subscriber. Provided that if a subscriber proves that his wife has been judicially separated from him or has ceased under the customary law of the community to which she belongs to be entitled to maintenance she shall henceforth deemed to be no longer a member of the subscriber’s family in matters to which these regulations relate, unless the subscriber subsequently indicates by express notification in writing to the Finance section that she shall continue to b so regarded.

(2)             in the case of a female subscriber, the husband and children of the subscriber, and the widower and children of the deceased subscriber. Provided that if a subscriber by notification in writing to the Finance Section expresses her desire to exclude her husband from her family, the husband shall henceforth be deemed to be no longer a member of the subscriber’s family in matters to which the regulations in this chapter relate, unless the subscriber subsequently cancels formally in writing her notification excluding him

Note I               ‘Children’ means legitimate children

Note II              An adopted child shall be considered to be a child when the Competent Authority is satisfied that under the personal law of the subscriber, adoption is legally recognized as conferring the status of a legitimate child, but in this case only.

(3)             All the employees after completion of four years qualifying service, will be required to make a nomination, conferring on one or more members of his/her family, the right to receive any gratuity that may be sanctioned under these Regulations in the event of the death of the employee or his/her becoming unable to receive such gratuity.

(4)             If an employee nominates more than one person under sub-Regulation (2) above he/she shall specify in the nomination the amount or share payable to each nominee in such a manner as to dispose of the whole amount of the gratuity mentioned therein.

(5)             An employee may provide in a nomination –

(a)             in respect of any specified nominee, that in the event of his predeceasing the employee, the right conferred upon that nominee in sub-Regulations (2) above shall pass to such other member or members of the employee’s family as may be specified in the nomination.

(b)             that the nomination shall become void in the event of the happening of a contingency specified therein.

(6)             Every nomination shall be made in the prescribed form set forth in Appendix-4 or as may be appropriated in the circumstances

(7)             An employee may at any time cancel a nomination by sending a notice in writing to Admin section provided that the employee shall, alongwith such notice, send a fresh nomination made in accordance with these Regulations.

(8)             Immediately on the death of a nominee in respect of whom so special provision has been made in the nomination under sub-Regulation (1)(a) above or on the occurrence of any event by reason of which the nomination becomes so void by reason of sub-Regulations (4 (b) above, the employee shall send to the Admin section a notice in writing formally canceling the nomination together with a fresh nomination made in accordance with this Regulations.

(9)             Every nomination made, and every notice of cancellation given by an employee under this Regulations shall be sent by the employee to the Admin section.

(10)          Every nomination made, and every notice of cancellation given by an employee shall, to the extent that it is valid, take effect on the date on which it is received by the Admin. Section mentioned in sub-Regulations (9).

56.        COMPETENT AUTHORITY TO SANCTION GRATUITY

Gratuity shall be sanctioned –

(i) In the case of employees in NEPRA Pay Scales NSG-1 to NSG-6 by the Member (Admn)/VC
(ii) In the case of employees in NEPRA Pay Scales NPG-1 and above by the Authority

CHAPTER – 9

PROVIDENT FUND

57.        GENERAL

The Authority shall manage a contributory provident fund wherein contributions of the employee, equal contribution from the Authority and profit earned on such deposits will be made in this fund in accordance with these regulations.

58.        CONSTITUTION AND MANAGEMENT OF THE FUND

(1)             There shall be established a provident fund by the name of Contributory Provident Fund (CPF) to which monthly subscriptions of the subscribers shall be credited in their individual account and an equal amount shall be credited by the Authority by way of addition to such subscriptions. Each subscriber will be allotted an account number of his/her CPF account to which his/her contributions, the Authority’s contributions and profit thereon will be credited.

(2)             All sums paid into the Fund under these regulations shall be credited in the books of the NEPRA to an account named “The Contributory Provident Fund Account”.

(3)             The Fund shall be administered by the Authority and shall be maintained in Pakistan rupees.

59.        EMPLOYEES ELIGIBLE TO JOINT THE FUND

Employees holding appointment on regular basis shall be eligible to join the Fund subject to satisfactory completion of the probationary period.

60.        COMPULSORY SUBSCRIPTION TO THE FUND

All existing regular employees and such employees who are appointed on regular basis on or after the commencement of these regulations shall subscribe to the fund in accordance with these Regulations.

61.        NOMINATION

(1)             As soon as may be after joining the Fund, every subscriber shall be required to make a nomination on the prescribed form conferring on one or more persons the right to receive the amount that may stand to his credit in the fund in the event of his/her death. Provided that a nomination made under this sub-regulation shall be deemed to have been duly made in accordance with these regulations only for so long as the subscriber does not change it.

(2)             If a subscriber nominates nomination more than one persons under sub-regulation (1) he shall specify in the nomination the amount or share payable to each of the nominee in such manner as to cover the whole of the amount that may stand to his credit in the Fund at any time.

(3)             A nomination may be cancelled by a subscriber and replaced by a new one at any time.

(4)             Every nomination made and every notice of cancellation given shall take effect to the extent that it is valid on the date on which it is received by the Finance Section.

62.        SUBSCRIBERS ACCOUNT

A separate account shall be maintained in the name of each subscriber, in which shall be credited –

(1)        the subscriber’s subscription;

(2)        Contribution made by NEPRA

63.        CONDITIONS AND RATES OF SUBSCRIPITIONS

Every subscriber shall subscriber monthly to the Fund, at the rate of either 5% or 10% (at the option of the employee) of the monthly emoluments (basic pay, technical pay and utilities allowance) paid to the employee. The option shall be exercised before the 30th of June of the year to be effective from 1st July of the next Financial Year and shall remain in force for at least one year.

64.        REALIZATIONI OF SUBSCRIPTIONS

The recovery of subscriptions on account of CPF or repayment of the advance drawn from the CPF will be made through the salary of the subscriber payable to him.

65.        CONTRIBUTION BY THE AUTHORITY

(1)             The Authority shall, each month make a contribution in the CPF for crediting the same an amount equivalent to that subscribed by the employee to the account of each subscriber.

(2)             The amount of contribution payable by the employee shall be rounded to the nearest ten rupees (five rupees or more will be counted as the next ten rupees while less than five rupees will be ignored.

66.        PROFIT ON THE ACCOUNT

(1)             The amount of CPF (comprising of the employees’ contribution and the equivalent amount provided by the Authority) will be invested in such profitable ventures or placed in a bank account as approved by the Management Committee of the Fund. The Management Committee shall comprise of four members as, one Member of the Authority, two employees one each from the professionals in NPG-1 and above and the other from staff serving in NSG-1 to 6 and DG/Director Finance. The annual profit accruing to the Fund will be credited to the account of each subscriber in the same ratio of his/her contributions to the fund during the financial year, while accounting for the period of contribution. The withdrawals and additions in the account during the year will also be taken into account. The total amount of profit shall be rounded to the nearest whole rupee, fifty paisa counting as the next higher rupee. Provided that no profit shall be paid in respect of any period from the start of a financial year till close of the year, if a subscriber or his family (in case of his death) is paid the total amount of the CPF standing at his credit during the year.

(2)             Profit shall not be credited to the account of a Muslim subscriber, if he informs in writing that he does not wish to receive it; but if he subsequently asks for profit it shall be credited with effect from the first day of the year in which he asks for it.

67.        ADVANCE FROM THE FUND

(1)             Subject to the employee having completed five years of regular service, a maximum of 50% of the amount standing at the credit of a subscriber may be granted to him as a temporary advance, subject to the following conditions:-

(a)             to pay expenses incurred in connection with the prolonged illness of a subscriber or any persons actually dependent on him;

(b)             to pay for the overseas passage for reasons of health or education of a subscriber or any person actually dependent on him

(c)             to pay expenses on a scale appropriate to the subscriber’s status in connection with building a house or purchase of land for the purpose of building a house.

(d)             To pay for such social ceremonies of his children as the Authority may approve on a case to case basis.

(2)             An advance shall not, except for special reasons, to be recorded in writing by the sanctioning authority, be granted under sub-regulation (1) before at least twelve months after the final repayment of the previous advance.

(3)             The subscriber will be allowed advance in a manner that only one advance will remain outstanding at one time.

(4)             An advance shall be recovered from the subscriber in such number of equal monthly installments as the sanctioning authority may direct, but such number shall not be less than twelve unless the subscriber so elects, or in any case more than forty eight installments. Each installment will be a number of whole rupees.

(5)             Recovery of advance shall be made in the manner provided these regulation and shall commence from the next month after the advance is made to the subscriber. Recovery shall not be made except with the subscriber’s consent, while he is in receipt of subsistence grant.

(6)             If an advance has been granted to a subscriber and drawn by him and the advance is subsequently disallowed before repayment is completed, the whole or balance of the amount withdrawn, shall be repaid by the subscriber to the Fund, or in default, shall be recovered by deduction from the emoluments of the subscriber in installments or otherwise, as may be directed by the Competent Authority.

(7)             Recoveries made under this regulation shall be credited, as they are made, to the account of the subscriber in the Fund.

68.        CIRCUMSTANCES IN WHICH ACCUMULATIONS ARE PAYABLE

When a subscriber retires from the service, or resigns from service (resign accepted by the Authority) after at least five years of continuous service with NEPRA, the total amount standing to his credit in the Fund shall, become payable to him.

(1)             Provided that a subscriber, who has been compulsory retired, removed or dismissed from service and is subsequently reinstated in the service shall repay any amount paid to him from the Fund in pursuance of his regulation. The amount so repaid shall be credited to his account in the Fund, the part which represents his subscriptions and the part which represents the NEPRA’s contribution with profit thereon, being accounted for in the manner provided in regulation 10.

(2)             When a subscriber, while on leave, has been permitted to retire or has been declared by a competent medical authority to be unfit for further service, the amount standing to his credit in the Fund shall, upon application made by him in that behalf to the Competent Authority, become payable to the subscriber. Provided that the subscriber, if he returns for duty, shall, if required by the Competent Authority, repay to the Fund, for credit to his account, the whole or part of any amount paid to him from the Fund in pursuance of this regulation in cash or by installments or otherwise, by recovery from his emoluments or otherwise, as the Competent Authority may direct.

(3)             Payment in case of death of the employee.

(a)             When the subscriber leaves a family, if a nomination made by the subscriber in accordance with the provisions of regulation 61 in favour of a member or members of his family subsist, the amount standing to his credit in the Fund or the part thereof to which the nomination relates, shall become payable to his nominee or nominees in the proportion specified in the nomination. If no such nomination in favour of a member or members of the family of the subscriber subsists, or if such nomination relates only to a part of the amount standing in his credit in the Fund, the whole amount or the part thereof to which the nomination does not relate, as the case may be, shall, notwithstanding any nomination purporting to be in favour of any person or persons other than a member or members of his family become payable to the members of his family as per Islamic law determined by a court. If however the subscriber is a non-Muslim the payment will be made as per the orders of the court.

(b)             When the subscriber leaves no family and no nomination(s) have been made by him in accordance with the provisions of regulation 61 in favour of any person or persons subsists, the amount standing to his credit in the Fund will be paid as per orders of the court.

69.        DEDUCTION

Subject to the condition that no deduction may be made which reduces the credit in the CPF of a subscriber, by more than the amount contributed by the Authority with profit thereon, and before the amount standing to the credit of a subscriber in the Fund is paid out, the Competent Authority may direct the following deductions from the amount standing at the credit of the subscriber for payment to NEPRA:

(1)             any amount, if a subscriber has been dismissed from the service for misconduct provided that if the order of removal  from service is subsequently cancelled, the amount so deducted shall, on his reinstatement in the service, be replaced at his credit in the Fund.

(2)             any amount, if a subscriber resigns within five years of his joining NEPRA, otherwise than by reasons of superannuation or a declaration by competent medical authority that he is unfit for further service.

(3)             any amount due under a liability incurred by the subscriber to the NEPRA.

70.        PAYMENT

(1)             When the amount standing to the credit of a subscriber in the Fund, or the balance thereof after any deduction under regulation 14 becomes payable, it shall be the responsibility of the Deputy Director Audit of the Finance Section, to satisfy himself, that no deduction is to be made, to make payment as soon as possible but in no case later than fifteen working days after the payment becomes due or the subscriber will be entitled to a profit @ 10% per annum from the date of the payment becomes due.

(2)             If the person to whom, under these regulations any amount is to be paid is a lunatic for whose estate a manager has been appointed in this behalf under the Lunacy Act, 1912, the payment will be made to such manager, and not to the lunatic.

(3)             Any person who desires to claim payment under these regulation shall send a written application in that behalf to the Finance Section. Payment shall be made in Pakistan only. The persons to whom the amounts are payable shall make their own arrangement to receive payment in Pakistan.

Note:- When the amount standing to the credit of a subscriber has become payable under regulation 1.14, 1.15 or 1.16 the Finance Section shall authorize prompt payment to that portion of the amount standing to the credit of a subscriber in regard to which there is no dispute or doubt, the balance being adjusted as soon after as may be.

71.        FUND NUMBER TO BE QUOTED

When paying subscription in Pakistan either b deduction from salary or in cash, a subscriber shall quote the number of his amount in the Fund, which shall be communicated to him by the Finance Section. Any change in the number shall similarly be communicated to the subscriber by the Finance Section.

(1)             As soon as possible after the 20th June of each year, the Finance Section shall sent to each subscriber a statement of his account in the Fund, showing the opening balance, the amount credited or debited during the year, the amount of profit credited and the closing balance on the 30th June. The Finance Section shall attach to the statement of account an enquiry whether the subscriber desire to make any alteration in the nomination made under regulation 1.05.

(2)             Subscribers should satisfy themselves as to the correctness of the annual statement and errors should be brought to the notice of the Finance Section within one month from the date of receipt of the statement.

(3)             The Finance Section shall, if required by a subscriber in writing but not more than once in a year, inform the subscriber of the total amount standing to his credit.

CHAPTER – 10

TRANSPORTATION

72.        GENERAL

(1)             Employees will have the option to avail either the conveyance allowance or a vehicle maintenance and usage allowance. An option exercised once as above shall not be altered during the currency of the financial year.

(2)             Those employees who are already getting the conveyance allowance (@ 10% of the basic pay) as part of their pay package shall be given the option of retaining the conveyance allowance or avail the vehicle maintenance and usage allowance (VMUA) as a replacement of conveyance allowance as per Appendix-5.

(3)             An equivalent price of quantity of fuel shall be paid to the employee on monthly basis to cover the expense of maintenance as well as fuel usage in accordance with the Appendix-5 attached to these regulations. Provided that this allowance will be available on acquisition of a vehicle (Car/Motor Cycle). Till such time the employee is in the process of acquisition of the vehicle, he/she shall be entitled to the conveyance allowance in lieu of VMUA.

73.        ADVANCE BY WAY OF LOAN

(1)             Employees shall be allowed an interest free advance by way of loan, equivalent to fifteen basic monthly salaries of the employees, which shall be payable by the employee in sixty equal installments through monthly deduction from salary.

(2)             The vehicle for which an interest free loan is granted to an employee, shall be mortgaged in the name of NEPRA and shall remain as such till the entire loan amount is repaid by the employee.

(3)             Employees requesting for an interest free loan under this arrangement shall have to provide:

(i)              A surety bond equivalent to the amount of loan and guarantee of two responsible persons (acceptable to the Authority) to ensure the repayment of the loan within the specified time.

(ii)             An affidavit that the employee will serve NEPRA for at least 5 years after receipt of the loan, failing which the employee will have to deposit the remaining amount of the loan alongwith the interest at the rate of eight percent on the amount of loan for the period, the loan amount was utilized by the employee.

(iii)            Proof of purchase and registration in the name of the employee shall have to be provided within six months of the receipt of the loan provided that extension in such period may be allowed by the Authority wher a new car has been booked by the employee and is not available within the six months of the receipt of the loan from NEPRA.

(4)             Loans shall be allowed to employees according to the budget/finance availability as per pay-scale wise quota decided by the Authority from time to time.

(5)             Those employees who already own a vehicle in their name and have exercised the option for vehicle maintenance & usage shall be allowed the VMUA, however the loan facility shall be allowed only to the extent of the replacement price of the existing vehicle with the new one subject to a limit of 12 basic monthly salaries of the employee.

74.        PRIVATE USE OF THE OFFICE VEHICLE

Office vehicles may be allowed for private use on request from an employee for use within or out side the city (subject to availability) on payment basis as determined by the Authority from time to time. The rates for the financial year 2003-04 would be as under:-

1300 cc vehicle              Rs. 5.00 per km

1000 cc vehicle              Rs. 4.00 per km

800 cc vehicle                Rs. 3.00 per km

CHAPTER – 11

TRAVELING

75.        CIRCUMSTANCES IN WHICH TRAVELING EXPENSES WOULD BE ADMISSIBLE

Traveling expenses would be admissible to an employee, traveling on duty, on tour or transfer. Prior approval of the Competent Authority shall normally be obtained on the prescribed form before under taking the journey. In specific cases where prior approval is not possible within reasonable means of the employee or may result in any delay or adverse impact on the discharge of functions of the Authority, the Competent Authority may allow verbal approval and confirm the approval after the travel. After conclusion of an authorized journey the details of expenses should be submitted by the employee within one month for approval of the Competent Authority and adjustment of account.

76.        KINDS OF TRAVELLING ALLOWANCE

(1)             Air fare

(2)             Rail fare

(3)             Daily allowance

(4)             Road journey allowance

(5)             Out of Pocket expenses

77.        ENTITLEMENT FOR DIFFERENT CATEGORIES OF EMPLOYEE

(1)             For the purpose of calculating traveling allowance, the employees of NEPRA have been divided into the following categories:

Category           Scale                            Class of accommodation

(a)        NEG 1 & 2 and NPG 1 to 4        Highest class of accommodation by rail or                                                              economy class by air

(b)        NSG 1 to 6                                1st class by rail or actual expenses by Air-                                                             conditioned bus/coach

Note:    in case of exigencies of services an employee may be allowed to travel in a class higher than his entitlement, in case booking is not available in the entitled class.

(2)             For journeys performed on tour or temporary transfer, an employee shall be entitled to a single fare for himself.

78.        RATE OF DAILY ALLOWANCE FOR OFFICERS AND STAFF

The rupee rates of daily allowances for office and staff will be as follows, subject to indexation with CPI on six (6) monthly basis on 1st of January and 1st of July of each calendar year.

                                                            Rupees

(a)        NEG 1 & 2                                1000

(b)        NPG 1 – NPG 4                                    800

(c)        NSG 5 & NSG 6                                   400

(d)        NSG 1 – NSG 4                                    200

(2)        Rates of daily allowance for foreign travel including transit, would be the higher of rates as approved by the Federal Government or as approved by NERA from time to time.

(3)        The expenses incurred on official telegrams postage and by charged separately on actual basis.

79.        STAY IN HOTEL / REST HOUSE ETC. IN OUTSTATION CITIES

NEPRA employee while on tour may stay in a hotel of their choice or in a rest house while on official duty other than the station of their posting and claim reimbursement of the room rent. The reimbursement will be admissible upto a ceiling of four times of their allowed daily allowance and shall be paid on actual basis subject to production of receipt. Taxes, duties and service charges etc. paid will be reimbursed in addition to these charges. In case of self arranged accommodation for which no receipt is produced, the rates for each night staty will be allowed as equal to 1.5 times of the daily allowance.

80.        ALLOWANCE FOR ROAD JOURNEY

            Mode of Travel                                                   Rate per Kilometer

(1)        By personal car or engaging a taxi where              Rs.7

            official transport is not provided

(2)        Other modes of travel where official transport                      R. 3

            is not provided.

Note: (a)      The employees in Scale NPG-1 and above will only be entitled to travel in own car or hire a taxi if official transport is not provided.

        (b)      No road journey allowance will be admissible within a journey is performed through transport provided by NEPRA.

(c)             if in an emergency an employee has to reach a particular point immediately, and when other means of transport are not available, he may hire a taxi and claim reimbursement on the certificate of the controlling authority that hiring of a taxi was necessary to complete an assignment given to the employee.

81.        GENERAL CONDITIONS

(1)             Reimbursement of conveyance/taxi charges will be made as actually paid by the employee. Employees in category NSG 1-4 shall avail the Bus/Wagon service plying at an outstation and claim conveyance expense accordingly. In emergency, when it is necessary to reach a point immediately and when other means of conveyance are not available, Competent Authority may allow hiring of a taxi.

(2)             Daily allowance will not be admissible to a NEPRA employee for traveling within the Municipal limits of the station in which his headquarter is situated. For travel from Headquarter at Islamabad to Rawalpindi one daily allowance shall be admissible.

(3)             Subject to the ocnditins laid down in these Regulation daily allowance may be drawn during a halt on tour or on  a holiday occurring during a tour.

(4)             Daily allowance shall be paid for the day of departure If the departure time is not later than 2200 hours of that day and for the day of arrival if the arrival time is not earlier than 0200 hours of that day.

(5)             The period of forced delays in transit will be treated as total transit.

(6)             Road mileage journey allowance between railway station or airport and the place of residence/temporary residence at the outstation shall also be admissible, provided that official transport is not provided for the purpose.

(7)             An employee in NPG 1 and above may be allowed  to perform journey by road in personal car between places connected by rail/air, with the prior approval of the Member in-charge of the Division/Section.

(8)             Daily allowance at full rate shall be admissible for the entire period of continuous halt on temporary duty, without any reduction in rate.

(9)             If casual leave is taken immediately on the conclusion of temporary duty, daily allowance will be admissible for the day of departure from the out-station, at the same rate as would have been allowed if casual leave was not taken.

82.        TRAVELLING ALLOWANCE FOR JOURNEYS ON TRANSFER

On transfer, the following payments would be allowed:

(1)        Transfer Grant :

Employee possessing a family                 Employee not possessing a family

One month’s basic pay                            Half month’s basic pay

As per entitlement of the employee, one side fare for self and each member of his family who accompanies him/her or actual fare paid whichever is less.

(2)        Daily allowance during period of journey

One daily allowance at special rate shall be payable for every 480 kilometers of road distance.

(3)        Daily allowance on arrival at the new place of posting

One daily allowance at the rate applicable to the station shall be payable in respect of the employee and in respect of each member of his family above 12 years and one-half of the full rate for every child above the age of 12 months, for the day or arrival at the new place of his/her posting.

83.        RELATED TRAVEL BY FAMILY ON TRANSFER

When the family of a employee does not travel with him/her but travels separately within 6 months of his departure, fares for the members of the family by the class of accommodation to which the employee is entitled will be paid by NEPRA, subject to the conditions that in no case shall the total cost to NEPRA be more than what it would have been if the family had accompanied him.

84.        TRAVELLING ALLOWANCE FOR JOURNEY ON RETIREMENT

(1)             Traveling allowance (TA) shall be allowed to the extent specified below in respect of the journey from the place of last posting to home town, performed during leave preparatory to retirement or on retirement.

(2)             Actual fare by air or rail of the class to which the employee was entitled immediately before his retirememtn, for himself and for each member of his family shall be allowed.

(3)             Cost of transportation of personal effects to the extent admissible to him immediately before retirement for journeys on transfer.

(4)             Advance payment for expenditure as at (a) above shall be made and be treated as final payment.

(5)             The home town shall be determined according to entries pertaining to the permanent address of the employee to his service record.

Note :   The term “retirement” shall mean retirement on attaining the age of superannuation, or on completing prescribed service limit, or voluntary retirement on completion of 25 years of service with NEPRA.

85.        TRAVELING ALLOWANCE TO THE FAMILY OF A DECEASED EMPLOYEE

The family of a deceased employee would be allowed TA for journey from the place of last posting to the home town of the deceased, to the same extent as admissible for journeys on retirement of an employee.

86.        OTHER JOURNEYS

(1)             An employee who is summoned in his official capacity by a court of law, or any other authority in Pakistan, shall be entitled to traveling allowance as on tour, but if an employee receives any payments from the summoning authority to meet his traveling expenses he will either refund the same to NEPRA or will not claim any payment/allowance from NEPRA.

(2)             For treatment of an employee or a member of his family on medical advice, at a station other than his headquarter, TA would be admissible from his headquarter to the place of treatment and back, as on tour, but no daily allowance would be admissible. An attendant will also be allowed the same facility, if certified by the Medical Officer that it would not be safe for the patient to travel unattended.

87.        CONTROLING AUTHORITY

Bill for traveling expenses shall be approved and countersigned by such persons as may be designated by the Authority for the purpose, from time to time.

88.        NO TRAVLING ALLOWANCE ON FIRST APPONTMENT

No traveling allowance shall be paid to a person to join his first appointment in NEPRA.

89.        CONCESSIONAL FARE TO BE AVAILED OF

Where concessional return fares, whether ordinary, week end or seasonal, are allowed by railway, shipping or air companies, an employee traveling on duty, otherwise than on transfer, will, whenever possible, avail himself of the concessional fares and, in the event of his doing so, he shall be entitled to claim from NEPRA only the actual cost of such fares. In such cases the employee may avail of a higher class of travel than that authorized to him provided that the concessional rate of the higher class is not more than the regular fare of the class of travel to which he is entitled.

90.        FOR JOURNEYS NOT PROVIDED FOR IN THESE REGULATIONS

For a journey undertaken by an employee for which no provision is made in these Regulations, for example by a ship, he shall be paid traveling allowance on such scale as may be determined by the Authority on a case to case basis.

91.        TRAVELING ALLOWANCE NOT TO BE A SOURCE OF PROFIT

As a general rule, traveling allowance paid to an employee is intended to cover the actual traveling expenses and is not supposed to be a source of income.

92.        REIMBURSEMENT OF CANCELLATION EXPENSES

Reimbursement of expenses incurred on account of cancellation of reserved seat may be allowed if the cancellation was due to the eleventh hour change in the tour, program due to unavoidable reasons or on account of direction from the Authority, subject to the production of cancellation voucher.

93.        DRIVER OF THE CAR SUPPLIED/OWNED BY nepra

(1)             The Driver of a NEPRA vehicle traveling by road, in his official capacity as driver of the vehicle in his charge, may draw traveling allowance at rates admissible under the Regulations.

(2)             An employee of NEPRA in transit from one post to another will rank in the grade to which, holding of the higher of the two posts would entitle him.

(3)             Upon a request by an employee and if considered essential by the Member incharge an advance may be paid in respect of traveling allowance subject to the condition that the advance is not more than 80% of the expected expenses of the journey to be undertaken. Advances shall be adjusted against traveling expenses as soon as possible but in any case no later than a month, after completion of the tour. If accounts are not rendered within a month, the accounts department shall recover the amount of advance from the next salary due to the employee.

CHAPTER – 12

MEDICAL CARE FACILITIES

94.        GENERAL

Medical care facilities will be available to all employees of NEPRA.

(1)        Out-door Treatment Including Hospitalization

Outdoor Treatment for Minor Ailments – This will cover ailments of minor nature when the patient does not require stay in hospital and requires only consultation with a physician/general practitioner to obtain prescription and purchase of related medicines at facilities or hospitals designated by the Authority or from the open market. 80% payment for such treatment shall be paid by NEPRA and 20% shall be charged to the employee. This facility shall be available to all the employees and their families.

(2)        In-door Treatment Including Hospitalization

This will cover all types of major ailments and physical injuries to an employee or his/her family members requiring treatment through admission and stay in the hospitals or prolonged preventive medicare under advice of the specialist. Dental treatment requiring hospitalization shall also be include in this category. Such treatment shall include stay in hospitals of less than 24 hours if required for carrying out diagnostic tests, treatment or minor surgery. In case the employee receives medical treatment in a hospital on NEPRA penal, 90% of such charges for hospitalization shall be paid by NEPRA and 10% shall be borne by the employee. For treatment in a hospital/clinic of employees’ own choice other than that on NEPRA penal,  80% of the expenses on hospitalization will be paid by NEPRA and 20% by the employee. However if the required treatment is not available in NEPRA designated panel hospitals and employee is referred to a specific hospital or medical facility other than on NEPRA panel, 90% of the treatment expenses will be paid by NEPRA and 10% by the employee. If however the employee receives medical treatment in a government hospital, the entire expenditure will be paid by NEPRA.

(3)        Dental Treatment

This will include treatment of all types of dental ailments except provisions of dentures, cosmetics, ortho dental treatment, tooth implants, gold/silver crown/bridges and gold inlays, Dental treatment can be availed from (a) any Medical and Dental care until designated by NEPRA or (b) any Medical and Dental care until of the employee’s own choice or (c) Government hospital.

(a)             In case of dental treatment related to Gums and teeth including extraction, filling, root canal and allied procedures, 80% of the cost will be paid by NEPRA and 20% will be charged to the employee.

(b)             In case of restoration of tooth/teeth through ceramic/metal bridge or metallic crowns other than gold or silver, 60% of the cost will be paid by NEPRA and 40% will be charged to the employee.

95.        APPOINTMENT OF MEDICAL AND DENTAL CARE UNITS

The Authority will designate Units from among public/private hospital for indoor treatment from time to time. In places, where units are either unavailable or are too – costly, the Authority will designate individual medical officer(s)/dental surgeon(s).

96.        DECLARATION ABOUT FAMILY AND REGISTRATION

Each employee will be required to make a declaration about his family, containing the names, relationships and ages of his family members in the form specified for the purpose.

97.        ACCESS TO MEDICARE

(1)             An employee or his family member will normally obtain treatment from his preferred unit or officer or surgeon, as the case may be. However, he may also obtain treatment from any other NEPRA appointed medicare unit or officer of surgeon, as the case may be, or any other qualified and registered private practitioner, in case of an emergency. In that case, treatment may also be received through house visit(s) arranged by an appointing medicare unit. If for any reason, an appointed medicare unit or officer or surgeon is not available and due notification therefore has been issued by NEPRA, the employee may resort to the emergency procedure prescribed above, even if an emergency does not exit.

(2)             Any out-of-pocket expenses incurred on emergency treatment including without limitation, for consultation, surgery, medicines and diagnostic testing, will be reimbursed by NEPRA to the employee on production of payment receipt for the same verified by the attending unit or officer or surgeon as the case may be to the extend authorized under the regulations.

(3)             When an appointed medicare unit or officer or surgeon is of the opinion that an employee or any of his family members need hospitalization, the patient may be admitted to an appointed unit. In case of any special illness, the unit will arrange admission into an appropriate hospital under intimation to NEPRA.

(4)             During hospitalization, the employees or their family members will be entitled to the following types of accommodation :-

NSG 1 to 6                                General wards

NPG 1 to 3                                Semi-private rooms

NPG 4 and above                      Private rooms

98.        SPECIALIZED/PROLONGED TREATMENT

For the purpose of specialized or prolonged treatment including chronic diseases, the Authority will constitute a panel or specialists either within the appointed medicare units or independently. The names and addresses of panel specialists will be notified by NEPRA from time to time.

If an appointed medicare unit or officer or surgeon is of the opinion that consultation or treatment by a specialist is required, he may refer the patient to an appropriate specialist on the approved panel of the Authority.

99.        SUPPLY OF MEDICINES

The appointed medicare unit or officer or surgeon, as the case may be, will supply medicines to the entitled patients against their medical prescriptions. In case, the prescribed medicines are not available with the attending medicare unit or officer or surgeon, as the case may be, the employee will purchase them fro the market and claim direct reimbursement from NEPRA by providing payment receipts therfor to the extent authorized.

Explanatory Note:

If the payment receipts are accompanied by a certificate from the attending medicare unit or officer or surgeon, as the case may be, that the prescribed medicines were not available with them,, reimbursement to the employee shall be made without waiting for any intimation from the attending medicare unit or officer or surgeon, as the case may be.

Exception

If, in any NEPRA office, the number of employees is five or less, the above provisions for Indoor medicare will not apply. In such cases, employees and their familieis may receive medical or dental treatment from any registered medical practitioner or dental surgeo0n, as the case may be, and consult any specialist recommended by him. The treatment will be obtained preferably in a Government hospital except in any emergency when the treatment could be obtained in a private hospital. Expenses incurred by an employee shall be reimbursed by NEPRA upon production of payment receipts therefore to the extent allowed in these regulations.

100.      MEDICARE RELATED PAYMENTS TO HOSPITALS MEDICAL FACILITIES

(1)        General

All charges in connection with indoor treatment of employees and their family members will be billed monthly by the appointed medicare unit or officer or surgeon or specialist, as the case may be, directly to NEPRA. An advance payment could be allowed by the Authority in exceptional cases.

(2)        Payment for Hospitalization

Charges in connection with hospitalization or confinement of an employee or his family members will be billed monthly to NEPRA by the concerned medicare unit or other approved hospital. If credit facilities are not available in a hospital, the employee will make cash payment and claim reimbursement from NEPRA. If the employee avails a private hospital of his own choice, which has not been approved by the Authority, he may make cash payment. In such cases, only 80% of the amount so paid for treatment will be reimbursed by NEPRA on the basis of supporting payment/receipts therfor.

101.      MEDICAL TREATMENT OF EMPLOYEE ON TOUR OR ON LEAVE OUTSIDE HIS STATION OF POSTING

(1)             If an employee falls sick while on official business or on leave within Pakistan, outside his station of posting, he may, if no medicare arrangements exit for NEPRA employees at the station, receive treatment from a qualified and registered medical practitioner, purchase medicines form chemists and on return to his station of posting, submit the bills and relevant payment receipts to NEPRA for reimbursement of expenses so incurred. If an employee requires hospitalization, it should be obtained preferably at the Government hospital.

(2)             For covering the emergency treatment of a NEPRA employee while on official duty outside Pakistan, special medical insurance policies are generally available. NEPRA will reimburse the expenses incurred by an employee on purchase of such insurance in equivalent Pakistani currency.

102.      MEDICAL TREATMENT OF FAMILY MEMBER RESIDING AT A PLACE OTHER THAN THE STATION OF POSTING OF THE EMPLOYEE

(1)             In case the family member(s) of an employee reside at a place other than the place of his posting and no NEPRA arrangements exist for medicare at such place, they will be entitled to the same facility as if residing with the employee. In case of indoor treatment in a hospital, this should be obtained from a Government hospital except in case of an emergency when a private hospital may also be used. If a private hospital is availed in cases other than in an emergency then on 80% of the cost incurred for treatment shall be reimbursed by NEPRA on the basis of supporting payment/s receipts therefore. Any amount paid for medicines shall, nevertheless, be reimbursed in full.

(2)             However, if the family is residing at a place wher NEPRA medicare arrangements for indoor treatment exist, all treatment should be received through NEPRA appointed medicare unit or officer or surgeon, as the case may be.

103.      TRAVEL UNDERTAKEN FOR MEDICAL TREATMENT

(1)             Indoor treatment of an employee or a member of his family, on medical adice, to a station other than his headquarters will be allowed with prior approval of Authority. The patient will be entitled to tavel from the headquarters to the place of treatment and back on NEPRA expense. For such journey, only travel expenses without daily allowance, as admissible under the regulations/orders issued therefore, shall be payable.

(2)             Travel expenses for one attendant will also be payable if it is certified by the Medical unit or officer that it will not be safe for, the patient to travel unattended.

 

CHAPTER – 13

EFFICIENCY AND DISCIPLINE

104.      GENERAL

An employee shall be liable to penalties described hereinafter in the opinion of Competent Authority he/she :

(1)             is in-efficient or has ceased to be efficient; or has become incapable of performing his assigned duties to the satisfaction of the Authority;

(2)             is guilty of misconduct;

(3)             has assumed a style of living beyond his ostensible means;

(4)             is guilty of disclosure of official secrets to any unauthorized person; and/or

(5)             is guilty of acting in a manner prejudicial to the national interest.

105.      PENALTIES

The Competent Authority may impose one or more of the following penalties after taking into account the gravity of the grounds for punishment, the previous record of the accused employee and/or any other extending or aggravating circumstances that may exist.

(5)             Minor Penalties :

(c)             Censure;

(d)             Warning

(e)             With-holding of promotion or increment for a specific period;

(f)              Recovery from the pay of the whole or any part of any pecuniary loss caused to the Authority by negligence of breach of orders.

(6)             Major Penalties:

(a)             Demotion to a lower grade post, time-scale or to a lower stage in a time-scale.

(b)             Withholding of increment/promotion;

(c)             Compulsory retirement;

(d)             Removal from service; and

106.      PROCEDURE FOR INITIATING DISCIPLINARY PROCEEDINGS

The following procedure shall be observed when a NEPRA employee I proceeded against under these Regulations :

(1)             where a mater requiring disciplinary action comes to the notice of the Competent Authority or is brought to its notice, the Competent Authority shall decide whether in light of the facts of the case or in the interest of justice an inquiry should be conducted through an Inquiry Officer or Inquiry Committee. If it so decides, the procedure provided under clause 107 shall be adopted.

(2)             If the Competent Authority decides that it is not necessary to have an inquiry conducted through an Inquiry Officer or Inquiry Committee an Explanation letter shall be issued in writing informing the accused of the grounds of action and the action proposed to be taken against him, providing an opportunity to the employee to submit a written explanation in the matter within a period of not more than 14 days from the day the explanation letter has been served upon him and to require the accused to express whether a personal hearing is required.

(3)             In case the explanation submitted is found unsatisfactory, the Competent Authority shall, before deciding in the matter :-

(a)             determine the punishment/penalty;

(b)             issue show cause notice and

(c)             provide opportunity of hearing to the accused.

(4)             In case where a NEPRA employee is accused of corruption or misconduct, which in the opinion of the Competent Authority, may lead to his removal from service, the Competent Authority may require the employee to proceed on leave or, suspend his/her service, provided that any continuation of such leave or suspension shall require approval of the next higher authority or the Authority after every three months. Before issuing any suspension order under this rule the Competent Authority shall consider the following factors in deciding whether or not to issue the suspension order.

(a)             that there is a prima facie case against the accused;

(b)             that if the misconduct is established, removal will be the probable punishment, or that it is advisable that the accused should be allowed to continue to perform the duties of his office pending decision of the case;

(c)             he is police custody for an investigation with regard to an alleged crime.

(5)             Sub-clauses (2), (3) and (4) shall not apply to a case, where the accused is removed from service or reduced in rank, on the ground of criminal prosecution which has led to a sentence of fine or of imprisonment.

107.      PROCEDURE TO BE OBSERVED BY AN INQUIRY OFFICER OR AN INQUIRY COMMITTEE

On the appointment of an Inquiry Officer or an Inquiry Committee, the Competent Authority shall :-

(1)             Frame charge and communicate it to the accused together with statement of allegations, explaining the charge and any other relevant circumstances which are proposed to be taken into consideration.

(2)             Require the accused within a reasonable time, which shall not less than seven days or more than fourteen days from the date the charge has been communicated to him, to put in a written defense and to state at the same time whether the accused desires to be heard in person.

(3)             The Inquiry Officer or the Committee, as the case may be, shall inquir into the charge/or circumstances and may examine such oral or documentary evidence in support of the charge/plea or in defense of the accused, as may be considered necessary, and the accused shall be entitled to cross-examine the witness and other evidence against him.

(4)             The Inquiry Officer or the Committee, as the case may be, shall hear the case on day to day basis and no adjournment shall be given except for reasons to be recorded in writing. However every adjournment with reasons therefore shall be reported forthwith to the Competent Authority. Adjournment shall not be granted for more than a week unless there are specific circumstances (to be recorded in writing) justifying further extension for which approval is obtained in writing from the Authority.

(5)             Where the Inquiry Officer of the Committee, as the case may be is satisfied that the accused is hampering, or attempting to hamper the progress of the inquiry, or is not making available information or evidence relating to the inquiry, he/it shall administer a warning and if thereafter he/it is satisfied that the accused is acting in discharged of the warning, he/it shall record finding to that effect and proceed to complete the inquiry in such manner as deemed fit to do substantial justice.

(6)             The Inquiry Officer or the Committee, as the case may be, shall within ten days of the conclusion of the proceedings or such longer period as may be allowed by the Competent Authority submit findings and the grounds to the Competent Authority.

(7)             On receipt of the report of Inquiry Officer of Inquiry Committee, the Competent Authority shall consider the same and a provisional determination of penalty to be imposed shall be informed to the accused, alongwith a copy of the report, and call upon him to show cause within a reasonable time not less than seven day and not more than fourteen days from the date the notice is served upon him, as to why the penalty proposed shall not be imposed. The Competent Authority shall take into consideration the cause shown by the accused, hear him in person and determine whether charge has been proved.

(8)             On determination by the Authority that the charges against accused or proved, the Authority will approve the penalty to be imposed on the accused as per the seriousness of the case. The penalty so imposed will be communicated to the accused in writing.

108.      PROCEDURE FOR DETERMINING THE EFFICIENCY OF AN EMPLOYEE

(1)             Where it is brought to the notice of the Authority or the Authority becomes aware of the fact that an employee has ceased to be efficient or is incapable of performing his assigned duties to the satisfaction of the Authority, the Authority shall consider the matter through an enquiry/assessment of performance committee constituted as follows:

(a)        Member or DG incharge of administration   Convener

(b)        DG coordination or registrar                                  Member

(c)        Professional working in a section                          Member

            Other than that of the accused (not lower

            In rank that the accused).

(2)             The committee constituted as in sub para (1) will examine the record and previous performance of the accused and the opinion of the senior officers under whom the accused has served.

(3)             The committee shall after making such enquiry (examination of any evidence/record available and considering the comments/views of any professional staff member who has remained associated with or has worked together in a group/team with the accused), as deemed necessary by the committee submit its findings/report to the Authority along with recommendation whether:

(a)             The employee (accused) has ceased to be efficient and is not expected to achieve the desired level of the efficiency within a reasonable time and therefore the service of the employee be terminated;

(b)             The employee may be given a chance to improve his/her efficiency over a period of one/two years with a warning that if no improvement is observed (to be made upon review of his/her performance) his/her services shall be terminated without further enquiry; or

(c)             The performance of the employee is reasonably efficient and may be allowed to continue.

(4)             Appeals against any decisions involving termination of service or discharge consequent to sub clause (3) above shall be heard and considered by the Authority.

109.      PROCEDURE FOR SERVICE OF SHOW-CAUSE NOTICE OR CHARGE-SHEET IN CERTAIN EVENTUALITIES

The letter calling for explanation of the accused under clause 197 (2) or the letter communicating the charges to the accused under clause 108, shall be sent to him at the last known address under registered cover, acknowledgement due. In case the letter is received back with a report of refusal, or with a report that it has been received by a member of the family or it is not returned within a period of 10 days from the date of the issue, it shall be presumed that the notice has been duly served upon the accused.

110.      TIME TO CONCLUDE DISCPLINARY CASES

Disciplinary proceedings/inquiries initiated under clauses 107, 108 and 110 of these Regulations shall normally be concluded within a maximum period of three (3) months. In case the enquiry committee or the enquiry officer is not able to complete the proceedings within 3 months, he may request the Authority for an extension which may be granted by the Authority on the basis of one month at a time if adequate justification is provided by the enquiry committee or enquiry officer.

111.      REINSTATEMENT

(1)             In case an employee is suspended from service on account of his involvement in a criminal case or disciplinary proceedings (during the course of discharge of his official duties) as the case may be, his period of suspension, upon his honorable acquittal may be regularized by treating the period of suspension as duty. The employee upon re-instatement shall be entitled to all the benefits, as would have been admissible, had he not been suspended;

(2)             In case of an employee who is suspended from service because of his involvement in a criminal case in his private capacity, his period of suspension, upon his acquittal shall not be treated as duty, but may be regularized by grant of leave of the kind due.

112.      RETIREMENT ON MEDICAL GROUNDS

(1)             If an employee is unable to perform his official duties on medical grounds the Authority may after exercising its powers under sub section (2) here in below retire him as per Regulation governing retirement form NEPRA.

(2)             Where it is proposed to proceed against an employee on the ground of inefficiency by reason of infirmity of mind or body, the Competent Authority may, at any stage, require, an employee to undergo a medical examination by a Medical Board or the Medical Officer authorized by the Authority for the purpose. The Competent Authority may remove or retire an employee from service on the report of the Medical Board or the Medical Officer by giving him a reasonable opportunity of showing cause, within a period of not less than seven days and not more than fourteen days. A copy of the medical report will form part of such proceedings.

(3)             If the employee refuses to undergo such an examination, his refusal may, subject to any grounds that he may given in support of it, be taken into consideration against him as showing that he had reason to believe that the result of the examination would prove unfavourable to him.

113.      APPEALS

(1)             An employee, on whom a penalty is imposed, shall have a right to appeal to the Authority or a Competent Authority (Appellate Authority) constituted for the purpose by the Authority. The Appellate Authority may enhance, remit or reduce the penalty imposed by the Competent Authority. An employee, on whom te Appellate Authority has imposed higher penalty than the one appealed against, shall have a right of further appeal to the Authority.

(2)             In case of termination of services the employee concerned shall have the right to appeal direct to the Authority and the Authority shall give a final decision in the matter after allowing the employee concerned an opportunity to be heard in person. In all cases in which decision is made by the Authority the employee concerned shall have the right to appeal to the Authority.

(3)             The appeal shall comply with the following requirements :

(a)             It shall contain al material statements and grounds relied upon, and shall be complete in itself;

(b)             It shall specify the relief desired; and

(c)             It shall be filed within two months of the date on which orders were passed

(4)             The appeal shall be forwarded by the personnel section, as soon as possible, to the Appellate Authority with all relevant records and with the comments of the Inquiry Committee against whose recommendations the appeal has been filed.

(5)             The Appellate Authority shall consider:

(a)             whether the facts on which the orders were based have been established;

(b)             whether the facts established afford sufficient grounds for taking action;

(c)             whether the penalty imposed is adequate or inadequate; and

(d)             there has been substantial compliance of these Regulations and after such consideration shall pass such orders as it thinks proper.

(6)             In case where the Appellate Authority decides to enhance the penalty imposed by the Competent Authority, a Show Cause Notice shall be issued and the accused/appellant should be given an opportunity of being heard in person.

(7)             An appeal to the Authority against an order of the Appellate Authority, shall be filed with in one month of the date of decision of the Appellate Authority.

CHAPTER – 14

OTHER BENEFITS

114.      COMPULSORY GROUP LIFE INSURANCE

All regular employees of the NEPRA shall be entitled to Group Life Insurance against natural death, permanent total/partial disability and death or injury arising due to an accident. The Authority shall in all cases contribute to payment of fifty percent (50%) of the insurance premia to an insurance company for all the employees serving in NEPRA. The remaining fifty percent (50%) will be borne by the employee and shall be deducted monthly from the salary of the employee for this purpose. The value of group life insurance will be determined by the employee from the various rates provided by the insurance company.

115.      ADVANCES BY WAY OF LOAN

The Authority may allow an advance by way of loan to a deserving regular employee of NEPRA at terms determined by the Authority subject to a limit of 12 month’s gross salary availed by the employee at the time of approval of advance, provided that the employee has completed at least six years of continuous regular service with NEPRA.

116.      UNIFORM

The Uniform/dress (Summar and Winter) shall be supplied to the Employees, such as Qasids, Drivers, Security personnel and to those approved by the Authority from time to time.

(AMIR ZIA)

Director (L & C)

APPENDIX – 2

PROPOSED GRADES AND ELIGIBILITY CRITERIA FOR NEPRA EMPLOYEES

Grade

Eligibility Criteria

a) NEPRA Executive Grade (NEG)
NEG-2 Generally the top level of management reporting either to a Member or Chairman of the Authority. These will be the Heads of Division. The basic eligibility qualification will be an engineering degree or a master’s degree in business administration (major in finance), economics, finance, law and Chartered/Cost and Management Accountant with 30 and 33 years of relevant experience for Level B and Level A respectively. A person with Ph.D degree and or foreign/special training will be eligible for direct placement in Level A, whereas Level B incumbents will have to put in 3 years satisfactory performance.
NEG-1 Generally the second tier of senior management reporting to divisional head or in some case to a Member/Chairman of the Authority. These will be the Departmental Heads. Basic qualification will be similar to NEG-2 but with 24 and 27 years of relevant experience for Level B and Level A respectively. A person with Ph.D degree and or foreign/special training will be eligible for direct placement in Level A, whereas Level B incumbents will have to put in 3 years satisfactory performance. The outstanding incumbents in Level A could be considered for placement in Level B of NEG-2 after gaining the requisite minimum experience.
b) NEPRA Professional Grade (NPG)
NPG-4 Generally the top tier of professionals reporting to Departmental Heads. These will be Deputy Departmental Heads having the same qualification as NEG-1 with relevant experience of 18 & 21 years for Level B and Level A respectively. A person with Ph.D degree and or foreign/special training will be eligible for direct placement in Level A, whereas Level B incumbent will have to put in 3 years satisfactory performance. The outstanding incumbents in Level A could be considered for placement in Level B of NEG-1 after gaining the requisite minimum experience.
NPG-3 Generally the second or middle tier of professionals reporting to Deputy Departmental Heads and mostly handing the operation of a Unit having the same qualification as for NPG-4 with relevant experience of 12 & 15 years for Level B and Level A respectively. A person with Ph.D degree and or foreign/special training will be eligible for direct placement in Level A, whereas Level B incumbents will have to put in 3 years satisfactory performance. The outstanding incumbents in Level A could be considered for placement in Level B of NPG-1 after gaining the requisite minimum experience.
NPG-2 Generally the core level of professionals group responsible to the Unit heads and mostly heading a Sectioin, having the same qualification as for NPG-4 with relevant experience of 6 and 9 years for Level B and Level A respectively. A person with MSPh.D degree will be eligible for direct placement in Level A, whereas Level B incumbent will have to put in 3 years satisfactory performance. The outstanding incumbents in Level A could be considered for placement in Level B of NPG-3 after gaining the requisite minimum experience.
NPG-1 Generally the induction-cum-basic Level of professionals with the same qualification as for NPG-4. They will be placed in Level B and work under the Section Head after induction and initial training. A person with MS/Ph.D degree or 3 years of relevant experience will be eligible for direct placement in Level A, whereas Level B incumbent will have to put in 3 years satisfactory performance. The outstanding incumbents in Level A could be considered for placement in Level B of NEG-2 after gaining the requisite minimum experience.
c) NEPRA Support Grade (NSG)
NSG-6 Principal Staff Officer; Private Secretaries to Chairman, Members of the Authority, Heads of Divisions/DGs and Senior Advisors and Assistant Directors (Record Management:

Basic qualification for placement in this grade will be a bachelor’s degree with 20 years relevant experience including proficiency in secretarial, short-hand, word processing and administrative matters. In special cases relaxation could be made in educational qualification and experience. The outstanding incumbents will be eligible for placement in level A of NPG 1 after fulfilling the prescribe requirement/criteria.

NSG-5 Personal Assistants; Technical Assistants; Senior Stenographers / Word Processors:

Basic qualification of bachelor’s degree with 15 years relevant experience. In special cases relaxation could be made in educational experience. In special cases relaxation could be made in educational qualification and experience. The outstanding incumbents will be eligible for placement in NSG-6 after gaining the requisite proficiency/experience.

NSG-4 Stenographers; Word Processors; Junior Secretaries (Stenotypist); and Receptionists:

Basic qualification will be intermediate with relevant experience of 10 years. The outstanding incumbents will be eligible for placement in NSG-5 after gaining the requisite proficiency / experience.

NSG-3 Assistants; Care-takers; and Supervisor/Senior Drivers:

Basic qualification except drivers will be intermediate with relevant experience of 7 years. For Senior Drivers, matriculation with relevant experience of 20 years will be needed. The outstanding incumbents, excepting Senior Drivers, will be eligible for placement in NSG-4 after gaining the requisite proficiency/experience.

NSG-2 Drivers; Dispatch Riders; Qasids; Photocopiers; and Cooks:

The minimum qualification will be matriculation with adequate proficiency, but in special cases could be relaxed to under matric. For Cooks, the requirement will be primary education. The outstanding incumbents will be eligible for placement in NSG-3 after gaining the requisite proficiency/experience.

NSG-1 Naib Qasids; Helpers; Security Guards; Orderlies; Office Boys; Messengers, Gardeners, Watchmen and Sanitary Workers:

The minimum qualification will be the primary education with adequate proficiency.

APPENDIX – 3

PAY SCALES AND ALLOWANCES FOR NEPRA EMPLOYEES

Scale #

Levels

Stages

Rupees

NEG-2

Level A

7

52000-2600-70200

Level B

7

49000-2500-66500

NEG-1

Level A

7

46000-2300-62100

Level B

7

41000-2050-55350

NPG-4

Level A

7

36000-1800-48600

Level B

7

31000-1650-42550

NPG-3

Level A

7

26000-1560-36920

Level B

7

72000-1320-31240

NPG-2

Level A

7

18000-1080-25560

Level B

7

15000-900-20300

NPG-1

Level A

7

12000-720-17040

Level B

7

10000-600-14200

NSG-6

10

9000-540-14400

NSG-5

10

8000-480-12800

NSG-4

10

6000-360-9600

NSG-3

10

4500-270-7200

NSG-2

10

3000-180-4800

NSG-1

10

2300-140-3700

Note:    Following allowances will be admissible.

a)         House rent allowance      @ 60% of basic pay

b)         Conveyance allowance   @ 10% of basic pay

c)         Utilities allowance           @ 30% of basic pay

APPENDIX – 4

Appendix———–

(Sub-Regulations (1) of Regulations 55)

Nomination for Gratuity

            I hereby nominate the person/persons mentioned below, who is/are member(s) of my family, and confer on them the right to receive, to the extent specified, any gratuity that may be sanction by the NEPRA in the event of my death while in service.

Name and address of the nominee Relationship with the Employee

Age

Contingencies on the happening of which the nomination shall become invalid Name and Relationship of the person if any to whom the rgith conferred on the nominee shall pass in the event of the nominee predeceasing the employee
         

N.B.     The employee should draw lines across the blank space below the last entry to prevent the insertion of any name after he has signed.

Dated this ………..  day of …………….. 20   at …………………

Witnesses to signature     ……………………………………………..

Signature of the employee

1.         …………………………….

2.         ……………………………

Note:    This column should be filled in so as to cover the whole amount of the gratuity.

(To be filled in by the head office in the case of employees in NEPRA NSG-6 and below …………………………………………………..

Nomination by ………………………         Signature of head of office ……………………..

Designation …………………………          Designation …………………………………….

Office ………………………………..         Date …………………………….

APPENDIX – 5

 

VEHICLE MAINTENANCE AND USAGE ALLOWANCE

Pay Scale

 

Quantity of petrol allowed per month (liters)

NEG-2

Level A

520

Level B

230

NEG-1

Level A

220

Level B

200

NPG-4

Level A

175

Level B

150

NPG-3

Level A

120

Level B

110

NPG-2

Level A

90

Level B

70

NPG-1

Level A

55

Level B

50

NSG-6

40

NSG-5

35

NSG-4

25

NSG-3

20

NSG-2

15

NSG-1

10

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