29th March, 1984¬
No.F.1-1/82-CS.— In exercise of the powers conferred by section 26 of the Pakistan Agricultural Research Council Ordinance, 1981 (XXXVIII of 1981), the Board of Governors of the Pakistan Agricultural Research Council is pleased to make, with the sanction of the Federal Government, the following regulations namely:—
CHAPTER I — GENERAL
1. Short title and Commencement.— (1) These regulations may be, called, the Pakistan Agricultural Research Council Employees (Service) Regulations, 1984.
(2) They shall come into force at once.
2. Application.— Subject to the provisions of the Ordinance and the rules, these regulations shall apply to all employees in the whole-time employment of the Council and its research establishment other than:—
(i) persons appointed on deputation;
(ii) persons appointed on contract unless their terms of appointment on contract make these regulations applicable; and
(iii) persons paid from contingencies or on daily wages.
3. Interpretation.— (1) Nothing in these regulations be interpreted in respect of the employees referred to in sub-section (3) of section 15 and sub-section (1) of section 16 of the Ordinance as may in any way be derogatory to the terms and conditions of the service applicable to such employees immediately before the coming into force of the Ordinance.
(2) In all matters not provided for in these regulations the rules and ¬orders applicable to Federal Government employees shall apply to the employees.
(3) All rules, regulations and bye-laws continued in force under clause (c) of section 33 of the Ordinance so far as they relate to matters provided for under those regulations, are hereby repealed.
4. Definitions:— In these regulations, unless there is any thing repugnant in the subject or context:—
(a) “Competent authority” means the Board, the Executive Committee or the Chairman or an officer of the Council to whom the power is delegated under sub-section (5) of section 9 of the Ordinance;
(b) “Departmental Promotion Committee” means the Committee constituted by the Board or the Chairman for the purpose of recommending employees for promotions to posts in the Council;
(c) “Employee” includes all officers and staff of the Council;
(d) “Ordinance” means the Pakistan Agricultural Research Council Ordinance; 1981 (XXXVIII of 1981);
(e) “Research establishment” includes the Agricultural Experiment Stations, Field Stations. Institutes, Centres, Laboratories and other units of the Council, how-so-ever they may be designated; and
(f) “Selection Committee” mean the committee Constituted by the Board or the chairman for the purpose of making selection for initial appointment to the posts in the Council.
CHAPTER II — DESIGNATIONS OF POSTS, PAY AND ALLOWANCE
5. Designation of posts.— The designations of posts in different B.P.S. in the Council shall be approved by the Council from time to time.
6. Pay scales, allowances other concessions.— (1) An employee appointed to a post shall be entitled to the same pay and allowances as prescribed by the Federal Government under the Basic Pay Scales from time to time.
(2) The Government orders and instructions for advances and loans shall mutatis-mutandis apply to the employees provided that such advances and loans to persons appointed on contract or on ad-hoc basis or on deputation shall not ordinarily be allowed.
(3) The employees shall be governed by such Medical Attendance and Treatment Regulations as the Council may from time to time, with the previous approval of the Federal Government, Prescribe:
Provided that these regulations shall not be less favourable to employees as compared to the corresponding medical treatment facilities admissible to the civil servants of the Federal Government.
CHAPTER III —
EMPLOYMENT POLICY AND PROCEDURE
7. Recruitment.— (1) All initial appointment to posts shall be made by the appointing authority on the recommendations of the appropriate Selection Committee:
Provided that if the recommendations of the Selection Committee are not accepted, the appointing authority shall record in writing the reasons for not accepting the recommendations.
(2) The post in BPS-3 to 19 shall be filled by initial appointment and by departmental promotion in the manner prescribed by the Chairman on the basis of requisite qualifications. Seniority specified conditions for appointment and back ground of research contribution. If suitable officers and staff for promotion are not available, initial appointment may be made to fill the posts, and vice versa.
(3) Noting in sub-regulation (1) shall apply to persons on deputation from Government Department, local bodies, semi-Government or quasi-Government bodies or institutions and in the case of such ¬persons appointments shall be made by the Chairman on such terms and conditions as are applicable to civil servants on Deputation.
8. Conditions for appointment.— (1) No person shall be eligible for appointment in the Council unless he is a Pakistani National:-
Provided that technical experts or advisers of non-Pakistan origin may be appointed with the prior approval of the Federal Government.
(2) A candidate for initial appointment in the Council shall not be less than eighteen years and not more than thirty-five year of age at the time of appointment.
Provided that the age limit may, for reasons to be recorded in writing, be relaxed by the Chairman in suitable cases.
(3) The minimum educational qualifications and experience for appointment and promotion to various posts in the Council shall be, such as may be specified by the Council from time to time.
(4) Initial appointment shall be made at the minimum pay of the B.P.S.
Provided that where a person possesses additional experience or special qualifications, are where a person of the prescribed qualifications or experience for the post is not available the appointing authority may allow a higher ‘ initial pay in the time scale or that post on the recommendation of the Selection Committee concerned:
Provided further that not more than six increments may be granted in any case.
(5) No person shall be appointed any post in the Council without a medical fitness certificate from the authorized medical attendant of the council or such other medical authority as the Council may specify:
Provided that, in special cases, a scientist, technical, adviser or consultant declared medically unfit may be appointed if he is not suffering ¬from a communicable disease and the infirmity notified by the medical authority is not likely to hamper his work.
9. Probation.— (1) The candidate appointed to various posts in the Council shall be on probation for a period of one year, but the Chairman may reduce the period in exceptional cases.
(2) In the event of an employee failing to show satisfactory progress during the probationary period, the competent authority may, at its discretion, extend his period of probation for a maximum period of one year or dispense with his services without assigning any reason.
(3) Where, in respect of any post, the satisfactory, completion of probation includes the passing of a prescribed examination test or course or successful completion of any training or assignments person appointed on probation to such post who, before the expiry of the original or extended period of his probation, has failed to pass such examination or test or to successfully complete the course or the training or assignment shall:
(a). If he was appointed to such post by initial appointment, be discharged, or
(b). If he was appointed to such post by promotion be reverted to the post from which he was promoted or if there be no such post, discharged:
Provided that, in the case of initial appointment, an employee shall not be deemed to have completed his period of probation satisfactorily until his character and antecedents have been verified as satisfactory in the opinion of the appointing authority.
10. Increment.— (1) Subject to an employee’s service being satisfactory, the next annual increment in his pay scale shall accrue on completion of every year of service on the first day of December, each year, provided that the last annual increment was granted on or before the 1st of June or that year.
(2) Annual increment shall on such accrual be granted by the Chairman or officer authorized by him in this behalf.
(3) Special increments within the scale may be granted by the Board up to B.P.S. 19, on the recommendation of the Chairman duly processed and endorsed by the assessment committee appointed for the purpose.
11. Promotion.— (1) An employee, possessing such minimum qualifications and standards as may be specified by the Council from time to time, shall be eligible for promotion to a post reserved for departmental promotion in the higher post or cadre to which he belongs, but no employee shall have a claim for promotion.
(2) A post referred to in sub-regulation (1) for the purpose of promotion may either be a selection post or a non-selection post, as the Executive Committee may specify from time to time.
(3) The competent authority may for reasons to be recorded in writing, relax, in special cases, such of the conditions of promotion as it may deem fit.
12. Seniority.— (1) For the proper administration of a cadre or post, the appointing authority shall cause a seniority list of the members for the time being of such cadre or post to be prepared separately, but nothing herein contained shall be construed to confer any vested right to a particular seniority in such cadre of post, as the case may be.
(2) The seniority of all employee in B.P.S. 16 and above and other centralized cadres in B.P.S. 15 and below, as may be specified by the Council from time to time, shall be reckoned in relation to other employees belonging to the same cadre, whether serving in the Head Office or in any of the Centres or projects of the Council in the manner laid down in this regulation.
(3) On initial appointment, seniority shall be reckoned from the date of joining the post and when two or more persons are inducted in a cadre and they join on the same day, seniority shall be decided in the order in which they were placed by the Selection Committee.
(4) When appointments to a post are made by promotion that is to say, on the basis of seniority-cum-fitness or selection, effective from the same day for two or more persons, then seniority shall be determined on the basis of their inter se seniority in the lower post, and in the case of tie in the lower post, the seniority in the higher grade shall be determined on the basis of merit obtained by them in selection. In case of further tic, the seniority among the two candidates for promotion to the higher post shall be fixed on the basis of length of service in the Council.
(5) The employees in any project of the Council transferred and appointed in another project or Head Office or vice versa in the interest of the Council may be given the benefit of seniority in the new cadre or post from the date of initial appointment in the previous project, on the merit of each case, based on the recommendations of the assessment committee formed by the Council for this purpose, but nothing herein contained shall be construed to confer any vested right to a particular seniority in such cadre or post.
13. Confirmation.— (1) Subject to the availability of a permanent post, an employee shall on satisfactory completion of his probation be eligible for confirmation in his post.
CHAPTER IV —
TRANSFER, TRAINING, LEAVE AND JOINING TIME
14. Transfer.— The Council may transfer an employee to the Head Office or to any of the research establishments or projects under its administrative control. ¬
15. Training¬.— (1)The Council may transfer an employee to undergo training within or outside Pakistan at any time for any duration under such terms and conditions as it may specify from time to time.
(2) The Council may determine procedure to be followed for execution of bond and securities by its employees proceeding on scholarships, fellowship or study leave abroad.
(3) In case a bonded employee is permitted to leave the service before the expiry of the specified period, the Council may determine the amount of bond money which he may be required to pay to the Council.
(4) In case of an officer proceeding on leave abroad without pay for higher studies and without any financial obligation on the part of the Council. The condition of execution of surety bond may be waived.
16. Leave.— The employees shall be govern by such leave regulations and are applicable to the civil servants of the Federal Government.
17. Joining Time.— The employees shall be entitled to the joining time on transfer from one station to another on such terms and conditions as are admissible to the civil servants of the Federal Government.
CHAPTER V —
18. Record of Service.— (1) Service record of each employee shall be maintained in such form as may be specified by the Council.
(2) Annual Confidential Report about the work and conduct of each employee except the employees BPS 1 & 2 shall be recorded in such form as may be specified by the Council.
(3) Individual Career Planning record of each employee shall be maintained on the prescribed card as for Government employees or on service folders specified by the Council.
(4) All employees shall not have access to his confidential report, but the adverse remarks, if any, shall immediately be communicated to the employee concerned for remedial measures and improvement.
CHAPTER VI —
GENERAL CONDUCT AND DISCIPLINE
19. Conduct and Discipline.— For the purposes of conduct and discipline, the Government Servants (Conduct) Rules 1964 and the Government Servants (Efficiency and Discipline) Rules, 1973, shall apply to the employees as far as may be and with the necessary modification.
20. Compliance with Order’s.— Every employee shall conform to and abide by these regulations and shall comply with and obey all orders and directions which may from time to time be given by any person under whose jurisdiction, Superintendents or control he may, for time being, be placed.
CHAPTER VII — RESIGNATION AND TERMINATION OF SERVICE
21. Resignation.— (1) A temporary employee may resign from his post by giving one month previous notice in writing or on payment to the Council a sum equal to his pay for one month.
(2) A permanent employee may resign from his post by giving three months prior notice in writing or on payment to the Council a sum equal to his basic pay for three months.
(3) The condition of recover of pay in lieu of notice period may be waived by the appointing authority in special cases.
(4) Notwithstanding the provisions of sub-regulations (1) and (2), an employee shall continue to perform his duties till such time as his resignation is formally accepted by the appointing authority.
(5) The appointing authority at its discretion may, in the interest of the Council, refuse to accept the resignation of an employee.
22. Termination of service.— (1) The service of an employee may be terminated without notice:-
(i) during the initial or extended period of his probation provided that where such employee is appointed by promotion on probation, his service shall not be terminated so long as he holds a lieu against his formal post but he shall be reverted to his former post; or
(ii) if the appointment is made ad-hoc terminable on the appointment of a person on the recommendation of the Selection Committee, on the appointment of such person, or
(iii) on the expiry of the initial or extended period of his employment.
(2) Where, on the abolition of a post or reduction in the number of posts in a cadre, the services of an employee are required to be terminated, the services of the employee who is the most junior in such cadre or post shall be terminated.
(3) Notwithstanding the provision of sub regulation (1), but subject to the provision of sub regulation (2), the services of an employee in temporary employment or appointed ad-hoc shall be liable to termination on one months notice or pay in lieu thereof, without assigning any reason.
(4) Nothing contained in sub regulation (3) shall affect the dismissal or removal from service or reduction in rank of an employee by way of punishment for misconduct, breach of trust or neglect of duty.
23. Employment after retirement.— A retired employee or a retired civil servant having exceptional qualifications and experience may be re-employed in the service of the Council provided that such re-employment is necessary in the interest of the Council and is made with the prior approval of the authority next above the appointing authority:
Provided that such re-employment shall be made very restrictively and for clearly specified period strictly in accordance with the instructions issued by the Federal Government from time to time.
CHAPTER VIII —
RETIREMENT, PENSION, GRATUITY
AND PROVIDENT FUND
24. Retirement from service.— An employee shall retire from service:-
(i) on such date, after he has completed twenty-five years of service qualifying for pension or other retirement benefits, as the competent authority may, in the public interest, direct; or
(ii) where no direction is given under clause (i), on the completion of sixty years of age.
25. Pension, Gratuity and Provident Fund.— An employee shall be entitled to the same benefits of pension, gratuity and General Provident Fund as are admissible to the corresponding civil servants of the Federal Government and the rules and orders of the Federal Government on these matters shall mutatis mutandis apply to the employees:
Provided that those employees who are governed by the Pakistan Agricultural Research Council Contributory Provident Fund Rules, 1966, and Regulations there under and opt to continue as such shall continue to be entitled to such benefits as were available under the said rules and regulations.
CHAPTER IX —
26. Benevolent fund and Group Insurance.— The employees shall be governed by the Benevolent Fund and Group Insurance Scheme as may be laid down by the Board from time to time:
Provided that such scheme shall not be less favourable to the employees as is applicable to the corresponding civil servants of the Federal Government.