THE PAKISTAN WAPDA EMPLOYEES (CONDUCT) RULES, 1978

      [10TH May, 1978]

Notification No. SO (R&CM)-35 (WECR)/489-1049.—In exercise of the powers conferred by Section-18 of the Pakistan Water and Power Development Authority Act, 1958 (West Pakistan Act No. XXXI of 1958), the Pakistan Water and Power Development Authority is pleased to make the following rules namely:—

1.         Short Title and commencement.—(1) These rules may be called the Pakistan Wapda Employees (Conduct) Rules, 1978.

(2)        They shall come into force at once.

2.         Extent of Application.—(2) These rules shall apply to all directly recruited Wapda employees, including, those engaged on contract/re-employed, except the officials/officers serving the Authority on deputation.

3.         Definition.—(1) In these rules, unless there is anything repugnant in the subject or context:

(a)        “Authority” means, Pakistan Water and Power Development Authority;

(b)        “Employee” means, an employee to whom these rules apply;

(c)        “Members of a Wapda employee’s family” includes:

(i)              his wife/wives, real/step children, residing with him and wholly dependent upon him.

(ii)         any other relation of the Wapda employee or his wife, when residing and wholly dependent upon him.

(2)        Reference to a wife in clause (c) of sub-rule (1) shall be construed as reference to the husband where the Wapda employee is a woman.

4.         Gifts.— (1) Save as otherwise provided in the Federal Government Instructions, no Wapda employee shall accept or permit any member of his/her family to accept from any person any gift, the receipt of which will place him/her under any form of official obligation to the donor.

(2)        If any question arises whether receipt of a gift places a Wapda employee under any form of official obligation to the donor, the decision of the Authority thereon shall be final.

5.         Acceptance of Foreign Awards.— No Wapda employee shall except with the approval of the Chairman, Wapda, accept a foreign award, title or decoration.

Explanation:—For the purposes of this rule, the expression “approval of the Chairman” means prior approval in ordinary cases and ex-post-facto approval in special cases where sufficient time is not available for obtaining prior approval.

6.         Public Demonstration in Honor of Wapda Employee.— No Wapda employee shall encourage meetings to be held in his/her honor or presentation of addresses of which the main purpose is to praise him/her.

7.         Gift to Medical Officers.— Subject to the departmental rules in this behalf, a medical officer may accept any gift of moderate value offered in good faith by any person or body of persons in recognition of his/her professional services.

8.         Subscriptions.— No Wapda employee shall except with the previous sanction of the Authority, ask for, or accept, or in any way participate in the raising of any subscription or other pecuniary assistance in pursuance of any object whatsoever.

9.         Lending and Borrowing.— (1) No Wapda employee shall lend money to, or borrow money from, or place himself/her self under any pecuniary obligation to, any person within the local limits of his/ her authority or any person with whom he/she has any official dealings :

Provided that a Wapda employee may—

(i)              deal in the ordinary course of business with a joint-stock Co., bank or a firm of standing or the House Building Finance Corporation; and

(ii)         accept a purely temporary loan of small amount, free of interest, from a personal friend or the operation of a credit account with a bona fide tradesman.

(2)        When a Wapda employee is appointed or transferred to a post of such a nature that person from whom he/she has borrowed money or to whom he/she otherwise placed himself/herself under a pecuniary obligation will be subject to his/her official authority, or will reside, possess immovable property, or carry on business within the local limits of such authority, the Wapda employee shall forthwith declare the circumstances, if he is an officer in NPS-16 and above to the Authority, through the usual channel, and where he is in NPS-15 and below to the head of his office.

I0.        Buying and Selling of valuable properly, movable and immovable.— A Wapda employee who intends to transact any purchase, sale or disposal by other means of move or immovable property exceeding in value of Rs. 100,000/- (one Hundred thousand rupees) in case of officer in Grade-16 and above and Rs. 30,000/- (thirty thousand rupees), in case of employees in Grade-15 and below with any person shall apply for permission to the Head of the Division or the Authority as the case may be. Any such application shall state fully the circumstances, the price offered or demanded and in the case of disposal otherwise than by sale, the method of disposal. Thereafter such Wapda employee shall act in accordance with such orders as may be passed by the Authority;

Provided that all transactions with a person, who is an official subordinate of the Wapda employee should be reported to the next higher authority.

Explanation :– In this Rule the term “Property” includes agricultural or urban land, bonds, shares or securities but does not include a plot purchased for the first time for building a house from a Co-operative Housing Society or a Government housing Scheme.

10-A.    Construction of building, etc.— No Wapda employee shall construct a building, whether Intended to be used for residential or commercial purposes, except with the previous sanction of the Authority obtained upon an application made in this behalf disclosing the source from which the cost of such construction shall be met.

(Subs.vide OM No.S/DD(Rules)/07458/22/Vol-II/14612-15571, dated 23.3.1986)11.       Declaration of property.—(1)  Every Wapda employee in BSP-5 to 20 shall, at the time of entering Wapda service, make a declaration to the Authority, through the usual channel, of all immovable and movable properties including shares, certificates, securities, insurance policies, cash and jewellery having a total value of Es. 50,000 (fifty thousand rupees) or more, belonging to or held by him/her or by a member of his/her family individually or collectively and such declaration shall:—

(a)        state the district within which the property Is situated;

(b)        show separately, individual items of jewellery exceeding Rs. 50,000 (fifty thou sand rupees) in value, and;

(c)        give such further information, as the authority may, by general or special order, require.

(2)        Every Wapda employee shall submit to the Authority, through usual channel, an annual return of assets, in the month of(amended vide No.GM(A)/DD(R)/07456/22/6794-7943, dated 14.1.1988) December, showing any increase or decrease of property as shown in the declaration under sub-rule (1) , or, as the case may be, the last  annual return.

12.        Disclosure of Assets, Immovable, Movable and Liquid.— A Wapda employee shall, as and when he/she is so required by the Authority, by a General, or Special order, furnish information as to his/her assets, disclosing liquid assets and all other properties, immovable or movable, including, shares, certificates, insurance policies, cash and jewellery.

13.        Speculation and Investment.— (1) No Wapda employee shall speculate in investments. For the purpose of this sub-rule, the habitual purchase and sale of securities of notoriously fluctuating value shall be deemed to be speculation in investments.

(2)        No Wapda employee shall make, or permit any member of his/her family to make, any investment likely to embarrass or influence him/her in the discharge of his/her official duties.

(3)        No Wapda employee shall make any investment information of the value of which is available to him/her as a Wapda employee and is not equally available to the general public.

(4)        If any question arises whether a security or an investment is of the nature referred to in any of the foregoing sub-rules, the decision of the Authority thereon shall be final.

(added vide OM No.S/DD(Rules)/07456/22/Vol-I/66588-67367, dated 31.3.1983)13-A.   No Wapda employee shall take up a course of study during evening at educational institutions without the prior permission of his appointing authority. No such permission shall be granted unless the competent authority is satisfied that the prosecution of studies will not interfere with the Wapda employee’s official duties. Such permission may be withdrawn if the competent authority is convinced that the Wapda employee is taking part in politics or prosecution of such studies is interfering with the satisfactory performance of his duties.

(Clarification issued vide No.DG/DD(R)/07456/23/318, dated 20.5.1985)Clarification.— Rules 13-A of the “Pakistan Wapda Employees (Conduct) Rules, 1978” is quite clear. Permission of the appointing authority is not required in case an employee intends to appear in an examination as a private candidate and does not seek admission in the evening classes.

14.        Private Trade, Employment or Work.— (1) No Wapda employee shall, except with the previous sanction of the Authority, engage in any trade, or undertake any employment or work, other than his/her official duties :

Provided that he/she may, without such sanction, undertake honorary work of a religious, social or charitable nature or occasional work of a literary or artistic character, subject to the condition that his/her official duties do not thereby suffer and that the occupation or undertaking does not conflict or is not inconsistent with his/her position or obligation as a Wapda employee; but he/she shall not undertake or shall discontinue such work if so directed by the Authority. A Wapda employee who has any doubt about the propriety of undertaking any particular work should refer the matter for the orders of the Authority:

Provided further that a Wapda employee (below Grade-16) may, without such sanction, undertake a small enterprise which absorbs family labor and where he/she does so, shall file details of enterprise, along with the declaration of assets.

(2)        Notwithstanding anything contained in sub-rule (1), no Wapda employee shall associate himself/herself with any private trust, foundation or similar other institution which is not sponsored by the Authority/Government.

(3)        This rule does not apply to sports activities and membership of recreation clubs.

14-A.    Subletting of Residential Accommodation Allotted by the Authority.— No Wapda employee shall, except with the prior permission of the Authority, sublet residential accommodation or any portion thereof, let to him/her by the Authority

14-B.    Wapda Employee not to Live Beyond his Means etc.— No Wapda employee shall live beyond his/her means or indulge in ostentation on occasions of marriage or other ceremonies.

15.        Insolvency and Habitual Indebtedness.— A Wapda employee shall avoid habitual indebtedness. If a Wapda employee is adjudged or declared insolvent or if the whole of that portion of his/her salary which is liable to attachment, is frequently attached for debt, has been continuously so attached for a period of two years, or is attached for a sum, which, in ordinary circumstances, he/she cannot repay within a period of two years, he she shall be presumed to have contravened this rule unless he/she proves that the insolvency or indebtedness is the result of circumstances which, with the exercise of ordinary diligence he/she could not have foreseen, or over which he/she had no control and has not proceeded from extravagant or dissipated habits.

(2)        A Wapda employee who applies to be or is adjudged or declared insolvent, shall forthwith report his/her insolvency to respective Head of the Division/Authority, as the case may be.

16.        Unauthorized Communication of Official Documents or Information.— No Wapda employee shall, except in accordance with any special or general order of the Authority, communicate directly or indirectly any official information or the contents of any official documents, to a Wapda employee not authorized to receive it, or to a nonofficial person, or to the press.

17.        Approach to Members of the Assemblies, etc.— No Wapda employee shall, directly or indirectly, approach any Member of the National Assembly or Provincial Assembly or any other non-official person, to intervene on his/ her behalf, in any matter.

(added vide OM No.S/DD(Rules)/07456/22/Vol-III/11605-2404, dated 24.12.1984)[17-A. Approach to President/Senior Officers of the Government. — No Wapda Officer/ employee should address representations direct to the President of Pakistan / Senior Officers of the Government.

18         Management etc.. of Newspapers or Periodicals. — No Wapda employee shall, except with the previous sanction of the Authority, own wholly, or in part, or conduct, or participate in the editing, or management of any newspaper or other periodical or publications.

19.        Radio Broadcast or T.V. Programme and Communications to the Press. — No Wapda employee shall, except with the previous sanction of the Authority or any other authority empowered by it in this behalf, or in the bonafide discharge of his/her duties, participate in a radio broadcast or T.V. Programme, or contribute any article or write any letter, either anonymously or in his/her own name, or in the name of any other person, to any newspaper or periodical:

Provided that such sanction shall generally be granted, if such broadcast or T.V. Programme, or such contribution, or letter is not, or may not be considered likely to jeopardize the integrity of the Wapda employee, the security of Pakistan or friendly relations with foreign States, or to offend public order, decency or morality, or to amount to contempt of court, defamation or incitement to an offence:

Provided further that no such sanction shall be required if such broadcast or T.V. Programme or such contribution or letter is of a purely literary artistic or scientific character.

19-A     Where a Wapda employee submits the draft of a literary, artistic or scientific article or book for obtaining previous sanction for its publication, he shall be informed within three months of his doing so whether he has or has not such sanction; and, if no communication is issued to him within that period, he shall be entitled to presume that the sanction asked for has been granted.

(Subs Vide O M. No. S DD {Rules) 07456/22/312-119, dated 3-1-1984)20.    Publication of Information and Public speeches capable of embarrassing the Authority/ Government. — No Wapda employee shall, in any document, published or in any public utterance, or T.V. Programme or in any Radio broadcast delivered by him, make any statement of fact or opinion which is capable of embarrassing the Authority/Government:

Provided that technical staff (of all grades) may publish research papers on technical, subjects if such papers do not express views on political issues, or on the Authority’s/Government’s policy and do not include any information of a classified nature.

21.        Evidence before Committee. — (1) No Wapda employee shall give evidence before a public committee, except with the previous sanction of the Authority.

(2)        No Wapda employee, giving such evidence, shall criticize the policy or decision of the Authority.

(3)        This rule shall not apply to evidence given before statutory committees which have power to compel attendance and the giving of answers, nor to evidence given in judicial inquiries.

22.        Taking Part in Politics and Elections. — (1) No Wapda employee shall take part in, subscribe in aid of, or assist in any way, any political movement in Pakistan, or relating to the affairs of Pakistan.

(2)        No Wapda employee shall permit any person dependent on him for maintenance or under his care or control to take part in, or in any way assist, any movement or indirectly to-be, subversive of Government as by law established in Pakistan.

(3)        No Wapda employee shall canvass or otherwise interfere or use his/her influence in connection with or take part in any election to a legislative body, whether in Pakistan, or elsewhere:

Provided that a Wapda employee who is qualified to vote at such election may exercise his/her right to vote; but if he/she does so, he/she shall give no indication of the manner in which he/she proposes to vote, or has voted.

(4)        No Wapda employee shall permit any member of his/her family to act in a manner in which he/she himself/herself is not permitted by sub-rule (3) to act.

(5)        A Wapda employee who issues an address to electors, or in any other manner, publicly announces himself/herself, or allows himself/herself to be publicly announced as a candidate or prospective candidate for election to a legislative body, shall be deemed for the purpose of sub-rule (3) to have taken part in an election to such body.

(6)        The provisions of sub-rule (3) and (5) shall so far, as may be, apply to elections to local authorities or bodies, save in respect of Wapda employees required or permitted by, or under any law or order of the Authority, for the time being in force, to be candidates at such elections.

(7)        If any question arises whether any movement or activity falls within the scope of this rule, the decision of the Authority thereon shall be final.

23.        Propagation of Sectarian Creeds, etc.— No Wapda employee shall propagate such sectarian creeds or take part in such sectarian controversies or indulge in such sectarian partiality and favoritism, as are likely to affect his/her integrity in the discharge of his/her duties, or to embarrass the administration, or create feelings of discontent or displeasure amongst the Wapda employees.

23-A.    Wapda Employees not to express views against ideology of Pakistan. — No Wapda employee shall express views detrimental to the ideology or integrity of Pakistan.

(Subs Vide O M. No. S DD {Rules) 07456/22/312-1191, dated 3.1.1984)23-B.            Wapda employees not to take part in or assist, any public demonstration against Government/Wapda decisions etc. No Wapda employee shall take part in, or in any manner assist, any public demonstration directed against a Government/Wapda decision or policy, or permit any member of his family dependent upon him to do so.

24.        Nepotism, Favouritism and Victimization, etc. — No Wapda employee shall indulge in provincialism, parochialism, nepotism, favoritism or wilful abuse of office.

25.        Vindication by Wapda Employees of their Public Acts or Character. — (1) A Wapda employee may not, without the previous sanction of the Authority, have recourse to any Court or to the Press, for the vindication of his/her public acts or character, from defamatory attacks. When the Authority grants sanction, to a Wapda employee to have recourse to a Court, the Authority will ordinarily bear the cost of the proceedings, but may leave the Wapda employee to institute them, at his own expense. In the later case, if he/she obtains a decision in his/her favor, the Authority may reimburse him/her to the extent of the whole or any part of the cost.

(2)        Nothing in this rule limits or otherwise affects the right of a Wapda employee to vindicate his/her private acts or character.

26.        Membership of Service Associations. — No Wapda employee shall be a member, representative or officer of any association, representing or purporting to represent Wapda employees or any class of Wapda employees, unless such association satisfies the following conditions, namely:—

(a)        Membership of the association and its office-bearers shall be confined to, a distinct class of Wapda employees and shall be open to all Wapda employees of that class.

(b)        The association shall not be in any way connected with, or affiliated to any association, which does not, or any federation of associations, which do not satisfy condition (a) above.

(c)        The association shall not be in any way connected with any political party or organization, or engage in any political activity.

(d)        The association shall not—

(i)         issue or maintain any periodical publication except in accordance with any general or special order of the Authority; and

(ii)         except with the previous sanction of the Authority, publish any representation on behalf of its members, whether in the press or otherwise.

(e)        The association shall not, in respect of any election to a legislative body, or to a local authority or body, whether in Pakistan or elsewhere.—

(i)         pay or contribute towards, any expenses incurred in connection with his/ her candidature by a candidate for such election;

(ii)         by any means support the candidature of any person for such election; or (hi) undertake or assist in the registration of electors, or the selection of a candidate for such election.

(f)         The association shall not—

(i)         maintain, or contribute towards the maintenance of, any member of a legislative body, or of any member of a local authority or body, whether in Pakistan or elsewhere; or

(ii)         Pay, or contribute towards the expenses of any trade union which-has constituted a fund under section 16 of the Trade Unions Act, 1926 (XVI of 1926).

(Subs.vide OM.No.S/DD(Rules)07456/22/83031-810, dated 19.10.1983)27.   Use of Political or other Influence. — No Wapda employee shall bring or attempt to bring political or other outside influence, directly or indirectly, to bear on the Authority or any Wapda employee in support of any claim arising in connection with his/her employment as such.

28.        Approaching Foreign Missions, Aid-Giving Agencies and submission of Applications for Employment etc. to other Organizations within the country and abroad

(a)        No Wapda employee shall directly or indirectly—

(i)         approach a Foreign Mission in Pakistan or any Foreign Aid-Giving Agency etc. in Pakistan or abroad, to secure for himself/herself invitation to visit a foreign country or to elicit offers of training facilities abroad; and

(ii)         submit application for employment or training facilities etc. to other Organizations within the country or abroad except through the authority competent to accord such permission.

(b)    Communication in any manner, whatsoever, written or verbal on service matter including postings and transfer etc. and forwarding advance copies of requests to the Agencies/Organizations to above shall not be made by any employee except through the appropriate channel within the Authority.

29.        Delegation of powers. — The Authority may, by genera or special order, delegate to any officer or authority subordinate to it, all or any of its powers under these rules, and may, by such order, prescribe the channel through which reports shall be made to the Authority and the Officers, except by whom of such reports shall be regarded as receipts of the reports by the Authority within the meaning of these rules.

30.        Rules not to be in derogation of any Law, etc.— Nothing in these rule shall derogate from the provisions of any law, or of any order of any competent Authority, for the being in force, relating to the conduct of Wapda employees.

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