NOTIFICATION

INCOME TAX RULES, 2002

[Gazette of Pakistan, Extraordinary, Part-II, 11th February, 2011]

S.R.O. 112 (I)/2011.—In exercise of the powers conferred by sub-section (1) of Section 237 of the Income Tax Ordinance, 2001 (XLIX of 2001), the Federal Board of Revenue is pleased to direct that the following further amendments shall be made in the Income Tax Rules, 2002, the same having been previously published vide Notification No. S.R.O. 865(I)/2010 dated 7th September, 2010, as required by sub-section (3) of the said section, namely:

In the aforesaid Rules, in Chapter-II, after Part-II the following new Part shall be added, namely:—

"PART III

COMPUTATION OF CAPITAL GAIN ON DISPOSAL OF SECURITIES UNDER SECTION 37A OF THE INCOME TAX ORDINANCE, 2001

13-A.  Acquisition of Securities.—(1) A security may be acquired through purchase, exchange, bonus issue, right issue, gift, bequest, inheritance, leverage schemes and derivative contracts.

(2)        A security may be acquired in the electronic book entry form or in the form of physical certificate.

(3)        A security may be acquired through the trading platform provided by a stock exchange or through off market transactions.

(4)        In case of securities other than units of an open mutual fund, broker's bill for the purchase, broker generated computerized ledger statement of the investor's brokerage account, CDC statement of the investor's CDC sub account and payment of cost of acquisition through cheques shall be supportive evidence of acquisition of securities.

(5)        In case of units of an open end mutual fund, certified statement of investor's account provided by the asset management company shall be supportive evidence of acquisition of securities.

13-B.  Disposal of Securities.—(1) A security may be disposed of through sale, gift, exchange or transfer by the security holder in any other way.

(2)        A security may be disposed of in the electronic book entry form or in the form of physical certificate.

(3)        A security may be disposed of through the trading platform provided by a stock exchange or through off market transactions.

(4)        In case of securities other than units of an open mutual fund, broker's sale proceeds or difference bill, broker generated computerized ledger statement of the investor's brokerage account, CDC statement of the investor's CDC sub-account and proof of payment through cheques shall be supportive evidence of disposal of securities.

(5)        In case of units of an open end mutual fund, certified statement of investor's account provided by the asset management company shall be supportive evidence of disposal of securities.

13-C.  Holding Period.—(1) Securities held for a period upto a maximum of one eighty-two days and for a period upto a maximum of three sixty-five days shall be taken as held for six months and one year respectively.

(2)        In case of short positions, holding period shall be the period intervening between the date when a security is sold short and the date when the security is purchased to cover the short position.

(3)        In case of futures contracts, holding period shall be the period intervening between the date of entry into a futures contract and the date of exit from such contract.

13-D.  Computation of capital gain or loss.—(1) Capital gain or loss arising on the disposal of any security shall be computed on the basis of First In First Out (FIFO) inventory accounting method.

(2)        Capital loss arising on disposal of securities in any tax year shall be set off against capital gain arising from the disposal of securities during that tax year to determine the taxable capital gain arising from the disposal of securities.

(3)        Capital loss arising on disposal of securities in any tax year shall not be carried to a subsequent tax year.

13-E.  Computation of capital gain or loss on derivatives.—(1) In case of long position in deliverable futures contracts, capital gain or loss shall be computed as the difference between cost of acquisition of securities underlying the futures contract and the consideration from disposal of those securities to close the long position at or before maturity of the contract.

(2)        In case of short position in deliverable futures contracts, capital gain or loss shall be computed as the difference between the consideration from short sale of securities underlying the futures contract and the cost of acquisition to purchase those securities to close the short position on or before maturity of the contract.

(3)        In case of cash settled futures contracts, capital gain or loss shall be the cash payment which the investor respectively receives from or makes to the other party to such contract to settle the contract on or before maturity of the contract.

(4)        In case of options, capital gain or loss shall be the difference between exercise price of the options and the consideration from disposal of the securities underlying such options.

(5)  In case of contracts of right, capital gain or loss shall be the difference between cost of acquisition of right shares underlying the contract and the consideration from disposal of those shares.

13-F.  Capital loss adjustment disallowed in certain cases.—(1) Capital loss adjustment as provided in rules 13D and I3E shall not be admissible in the following cases, namely:—

(a)        Wash Sales where capital loss realized on disposal of a specific security by an investor is preceded or followed in one month's period by purchase of the same security by the same investor, thus maintaining his portfolio.

            Explanation.—Wash sale is sale of a security at loss and repurchase of the same security soon before or afterwards the sale so as to realize an unrealized loss to make it claimable as a set off against capital gain. The security sold in a wash sale is repurchased with the aim to re-acquiring it at or near its sale value in order to maintain the risk return profile of portfolio;

(b)        Cross trades where coordinated reshuffle of securities between two-related accounts of the same investor, between two related accounts of the related investors, between two membership cards of the same broker or between two related brokerage houses is undertaken and securities accumulating unrealized losses are sold to related accounts to artificially realize capital losses in one account without actually selling the securities to an outsider and the artificial losses so realized in an account are then used to minimize capital gain tax liability on the capital gain realized in the same account; and

(c)        Tax Swap Sales where the investor having realized loss (as in the case of a wash sale) on a particular security does not repurchase the same security but chooses another similar security in the same sector thus not only minimizing or eliminating altogether liability on account of tax on capital gain, but also maintaining the portfolio broadly at the same risk return profile.

13-G.  Exemption from tax on capital gain.—Exemption shall be applicable as provided under the Ordinance.

13-H.  Payment of tax on capital gain.—(1) Every investor shall calculate tax on capital gain arising on securities held for a period upto six months, and above six months to one year, after the end of each tax year at the prescribed rates.

(2)        Every investor other than individual investor shall e-file statement of advance tax on capital gain on the prescribed format within seven days after the end of each quarter with the tax authority having jurisdiction in the case.

(3)        The liability to pay the due tax on capital gain shall lie on the investor who held the securities during the period for which tax on capital gain is to be paid and, in case of any benami accounts, on the investor who de facto owns the securities carried in such accounts.

13-I.  Maintenance of records.—(1) Every investor shall maintain accounts and records separately for each of his brokerage accounts regarding his securities business which sufficiently enable for verification of the discharge of his obligations under these rules.

(2)  Without prejudice to the generality of the foregoing provision, every investor shall maintain in particular the following accounts and records, namely:—

(a)        fortnightly ledger statements of the investor's brokerage account or each brokerage account if there are more than one account whether in the investor's own name or any benami accounts, generated by his broker;

(b)        fortnightly CDC statements of the investor's CDC sub account or each CDC sub account corresponding to each brokerage account, if there are more than one brokerage account whether held in the investor's own name or any benami accounts;

(c)        record of security holdings and their value carried in the investor's brokerage account as on 30th June of each year;

(d)       record of cash carried in the investor's brokerage account as on 30th June of each year;

(e)        record of funds deposited in the investor's brokerage account; and record of funds withdrawn from the investor's brokerage account.

13-J.  Liability of broker.—(1) Every broker or stock exchange's member, before closing the brokerage account of an investor, shall require an investor to obtain a tax clearance certificate from the concerned tax authority to the effect that the investor has no tax liabilities outstanding against him.

(2)  Any broker or stock exchange's member who closes an investor's brokerage account without obtaining a tax clearance certificate and the investor disappears from the market without satisfying the tax authorities that he has no tax liabilities outstanding against him, such broker shall be liable to discharge such investor's outstanding tax liabilities to the satisfaction of tax authorities.

13-K.  Violations and penalties.—Any investor who, in discharge of his obligations under these rules, violates any provision of the rules shall be liable to penalty and other charges provided in the Ordinance.

13-L.  Definitions.—(1) In this Part, unless the context otherwise requires,--

(a)        borrowed security means a security which an investor borrows under any security lending and borrowing scheme approved by the Securities and Exchange Commission of Pakistan, with an aim to returning the security to its lender, at any later date;

(b)        capital gain means the difference between consideration from disposal of a security and the price paid or would have been paid for acquisition of such security when former exceeds the later, provided that capital gain, in case of a borrowed security, means the difference between consideration received from short selling of the borrowed security and the price paid or payable to purchase it for its return to the lender of such security;

(c)        capital IQSS means the difference between cost of acquisition of a security and the consideration from disposal of that security when the former exceeds the later;

(d)       cost of acquisition of any security means the market price of the security which the investor pays or would have paid to purchase such security, provided that cost of acquisition,—

            (i)         in case of a right share, means the discounted price at which the right shares arc issued to a share holders by the issue;

            (ii)        in case of a security acquired through bequest or inheritance means the market price of security at which the deceased person making bequest or leaving the inheritance, as the case may be, paid or would have paid to purchase such security;

            (iii)       in case of bonus issue means the market price of bonus shares immediately following the bonus issue which the investor would have paid to purchase the bonus shares; and

            (iv)       in case of initial public offering, the actual price paid to the issuer shall be treated as the cost of acquisition of such securities.

(e)        consideration from disposal of any security means the market price of a security which the investor receives or would have received on the sale of that security;

(f)        derivative products means a financial product which derives its value from the underlying security or other asset, may be traded on a stock exchange of Pakistan and includes deliverable futures contracts, cash settled futures contracts, contracts of rights and options;

(g)        date of acquisition shall be determined as under, namely:—

            (i)         in case of security in electronic book entry form, earlier of the dates on which the investor makes the purchase or otherwise gets title to the security and the security is transferred to the investor's brokerage account, CDC sub-account or the concerned broker's or stock exchange's member's CDC Group Account;

            (ii)        in case of any security in the physical certificate form, earlier of the dates on which selling broker or stock exchange's member sells the security, the date on which an investor acquires physical possession of the security, the date on which investor's name is entered on the security or the date on which the issuing company enters the investor's name in the record of its security holders;

            (iii)       in case of acquisition of a security on account of a nomination under Section 80 of the Companies Ordinance, 1984 (XLVII of 1984) under bequest or inheritance, the date of death of the person making such bequest or leaving such inheritance, or the date of transmission by succession or under a will by the deceased, as the case may be, which ever is earlier;

            (iv)       in case of acquisition of a security under a futures contract, the date of entry into the futures contract;

            (v)        in case of a borrowed security, the date on which the investor purchases the security to cover his short position and to return the security to the security lender; and

            (vi)       in case of conversion of global depository receipts into shares, the closing price of shares on the day of such conversion shall be treated as acquisition cost of such shares.

(h)        date of disposal of any security in the electronic book entry form means,—

            (i)         the date on which the investor sells or otherwise disposes of the security and the security is transferred from the investor's brokerage account, CDC sub-account or the concerned broker's or stock exchange's member's CDC Group Account, whichever is earlier;

            (ii)        in case of any security in the physical certificate form means the date on which selling broker sells the security or the date on which the issuing company deletes the seller's name from the record of its security holders, whichever is earlier;

            (iii)       in the case of a security underlying a futures contract, means the date of exit from futures contract; and

            (iv)       in the case of a borrowed security means the date on which the borrower short sells the borrowed security after borrowing it from the security lender;

(i)         date of entry into futures contract means, in case of a long position, the date on which securities underlying the futures contract are purchased and are transferred to the investor's brokerage account and, in case of a short position, the date on which securities underlying the futures contract are sold short;

(j)         date of exit from futures contract means, in case of a long position, the date on which securities underlying the futures contract are sold and are transferred from the investor's brokerage account and, in case of a short position, the date on which securities underlying the futures contract are purchased to cover the short position;

(k)        date of exercise of option means the date of acquisition of a security underlying an option and is the date on which option is exercised to acquire the underlying security;

(l)         exercise price is the cost of acquisition of a security underlying an option and is the price of securities underlying an option which the investor paid to purchase the underlying securities on exercise of the option;

(m)       holding period shall be calculated as prescribed under the provisions of sub-section (2) of Section 37 A of the Income Tax Ordinance, 2001;

(n)        investor means every person who invests in securities and includes every broker who makes investments in such securities; and

(o)        jurisdiction of tax authority means the jurisdiction of the tax office in which business of the securities is being carried on by a person and where such business is carried on in more then one place, the person's principal place of business.

(2)  All other words and expressions not specifically defined in these rules shall have the meanings assigned to them under the Ordinance.

13M.  Quarterly statements.—Quarterly statements shall be e-filed in the following format, namely:—

STATEMENT OF CAPITAL, GAINS TAX LIABILITY

PART - I

Particulars of investor's account

1.         Investor's Name(s)

            (i)         ……………………………………………

            (ii)        ……………………………………………

            (iii)       ……………………………………………

2.         Complete Address(es)

            (i)         ……………………………………………

            (ii)        ……………………………………………

            (iii)       ……………………………………………

3.         Brokerage Account No. ………………………………

4.         Date of Opening of Brokerage Account ………………

5.         Type of Account (individual, joint, AOP, firm, company) ……………………………………………

6.         Name of Brokerage Firm/ Company ……………………

7.         Contact No. and Address of Brokerage Firm/
Company .........

8.         CDC sub account No…………………………………

9.         Total Value of Shares earned in account as on 30th June…………………………………………………

10.       Total Cash carried in account as on 30th June ……………………………………..

11.       Tax period (tax year/quarter) ………………………….

12.       Capital gain during the tax period ………………………

13.       Capital Loss during the tax period ………………………

14.       Net gain/loss …………………………………………….

15.       Tax on capital gain payable for the tax period ………….

            (Calculated in part II, III & IV of summary of transactions)

                        Investor's Name. ………………………………

                        Signature ………………………………………

                        Date ……………………………………………

Part-II

Summary of Shares Held upto six months – Tax payable @ 10%

Sales

Purchases

Capital Gain (Loss)

CGT payable

Date of Sale

Particulars of Shares

No. of Shares

Sale price per share

Sale Proceeds

Date of purchase

Particulars of shares

No. of Shares

Purchase price per share

Total Purchase price

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

            Investor’s Name ….………………………………………………

            Brokerage Account No ….………………………………………

            Signature ….……………………………………………………...

            Date ….…………………………………………………………

Part-II

Summary of Shares Held upto six months – Tax payable @ 10%

Sales

Purchases

Capital Gain (Loss)

CGT payable

Date of Sale

Particulars of Shares

No. of Shares

Sale price per share

Sale Proceeds

Date of purchase

Particulars of shares

No. of Shares

Purchase price per share

Total Purchase price

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

            Investor’s Name ….………………………………………………

            Brokerage Account No ….………………………………………

            Signature ….……………………………………………………...

            Date ….…………………………………………………………

Part-II

Summary of Shares Held upto six months – Tax payable @ 10%

Sales

Purchases

Capital Gain (Loss)

CGT payable

Date of Sale

Particulars of Shares

No. of Shares

Sale price per share

Sale Proceeds

Date of purchase

Particulars of shares

No. of Shares

Purchase price per share

Total Purchase price

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

            Investor’s Name ….………………………………………………

            Brokerage Account No ….………………………………………

            Signature ….……………………………………………………...

            Date ….…………………………………………………………

PART -V
AFFIDAVIT

I …………………………………. S/O …………………………. CNIC No ………………………………………………….….. resident of …………………….. holding brokerage account No ………………… with the brokerage firm and holding CDC sub-account No ……………….. with Central Depositary Company do hereby solemnly affirm that particulars of my account given in Part I and the particulars of share transactions conducted during the tax period given in Part - II, III and IV of the summary of share transactions are true and correct and in accordance with the ledger statements and CDC statements of my account for the above mentioned tax period.

I further affirm that nothing has been concealed or incorrectly stated regarding my account. I know that in case any particulars of my account and share transactions conducted during the above mentioned tax period and given under Rule 13M of the Income Tax Rules, 2002 as mentioned above are found to be false being not in conformity with ledger statements and CDC statements of my account, I am liable to be penalized in accordance with Rule 13K of the Income Tax Rules, 2002.

                                    Deponent (investor's name)

                                    Signature

                                    Date".

Part-II

Summary of Shares Held upto six months – Tax payable @ 10%

Sales

Purchases

Capital Gain (Loss)

CGT payable

Date of Sale

Particulars of Shares

No. of Shares

Sale price per share

Sale Proceeds

Date of purchase

Particulars of shares

No. of Shares

Purchase price per share

Total Purchase price

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

            Investor’s Name ….………………………………………………

            Brokerage Account No ….………………………………………

            Signature ….……………………………………………………...

            Date ….…………………………………………………………

---------------------


REGULATION, 2011

PAKISTAN ELECTRONIC MEDIA REGULATORY AUTHORITY EMPLOYEES SERVICE REGULATIONS, 2011

[Gazette of Pakistan, Extraordinary, Part-II, 5th October, 2011]

S.R.O. 944(I)/2011, dated 25.7.2011.--In exercise of powers conferred under sub-section (3) of Section 4 of the PEMRA Ordinance, 2002 (XIII of 2002), the Pakistan Electronic Media Regulatory Authority is pleased to make and promulgate the following service regulations for appointment, promotion, termination and other terms and conditions of employment of its staff, experts, consultants, advisors etc.

1.         Short title and commencement.—(1) These Regulations may be called the Pakistan Electronic Media Regulatory Authority Employees Service Regulations, 2011.[1]

(2)        These Regulations shall come into force at once.

(3)        These Regulations shall apply to all officers, officials, appointed on regular basis except the following unless specifically provided otherwise:—

(a)        a person who is employed for a specific term;

(b)        a person who is awarded a consultancy;

(c)        a person engaged as an expert or technical advisor; and

(d)       a person hired on daily wages.

2.         Definitions.—In these Regulations unless the context or the subject otherwise requires,

(i)         "Ordinance" means the Pakistan Electronic Media Regulatory Authority Ordinance, 2002,

(ii)        "Authority" means the Pakistan Electronic Media Regulatory Authority established under PEMRA Ordinance, 2002;

(iii)       "Appellate authority" means a person or authority next higher to the appointing person or authority authorized by these Regulations to make appointment to a post;

(iv)       "Appointing authority" means a person or an authority authorized by these Regulations to make appointment to a post;

(v)        "PS" means PEMRA Scale;

(vi)       "Cadre" means the strength of the service or part of the service sanctioned as a separate title / unit;

(vii)      "Chairman" means the Chairman of the Authority;

(viii)     "Commercial employment" means employment in any capacity including that of an agent under a company, firm or individual engaged in trading or in a commercial, industrial, agricultural, financial, or professional business and also includes a directorship of such company and a partnership of such firm;

(ix)       "Day" means a calendar day;

(x)        "Departmental Promotion Committee" means a committee constituted for the purpose of promotion from one post / scale to next post / scale or so on;

(xi)       "Departmental Selection Committee" means a committee constituted for the purpose of making selection for initial appointment to posts in PS 10 and below in the Authority;

(xii)      "Director-General concerned" means the Director-General in whose jurisdiction the employee concerned is for the time being serving or, as the case may be, who is concerned with the administration of the cadre to which the post or, as the case may be, the employee belongs;

(xiii)     "Duty" includes time spent on.—

            (a)        Joining time;

            (b)        Probation;

            (c)        Apprenticeship / internship provided it is followed by appointment on regular basis;

            (d)       a course of training in or out of Pakistan after becoming a regular employee of the Authority unless otherwise specified generally or in an individual case;

            (e)        attending an obligatory departmental examination; and

            (f)        Compulsory waiting for posting.

(xiv)     "Employee" means an officer/official appointed on regular/ contract basis;

(xv)      "Family" means employee's spouse, children, step-children and parents wholly dependant upon the employee other than contractual/contingent.[2]

(xvi)     "Federal Government" means Government of Pakistan;

(xvii)    "Government" means the Federal Government;

(xviii)   "Initial appointment" means appointment made otherwise than by promotion or transfer or deputation;[3]

(xix)     "Leave Salary" means the gross emoluments paid to an employee during leave period;

(xx)      "Lien" means the title of an employee to hold, substantively either immediately or on termination of a period or periods of absence, the permanent post in which he has been confirmed;

(xxi)     "Pay" means the amount drawn monthly by an employee as:

            (a)        pay other than special pay, personal pay, qualification pay and technical pay which has been sanctioned for a post held by the employee in which he has been confirmed or which is held by him in an officiating capacity;

            (b)        special pay, personal pay, qualification pay and technical pay; and

            (c)        any other emoluments classed as pay by the Authority,

(xxii)    "Salary" means gross emoluments to the post/scale of employee;

(xxiii)   "Penalty" means a penalty prescribed in these Regulations;

(xxiv)   "Personal pay" means additional pay granted to an employee.—

            (a)        to save him from a loss of substantive pay in respect of a permanent post due to revision of pay or to any reduction of such substantive pay otherwise than as a disciplinary measure; and

            (b)        in exceptional circumstances on other personal considerations.

(xxv)    "Permanent post" means a post carrying a definite rate of pay sanctioned without limit of time;

(xxvi)   "Prescribed" means prescribed by or under these Regulations;

(xxvii)  "Prescribed form" means a form prescribed under these Regulations and includes a form approved by the Chairman from time to time;

(xxviii) "Probation" means the period of one or two years from the date of joining for which an employee is placed on trial in a vacancy on initial appointment or otherwise;

(xxix)   "Provincial Government" means Government of a province;

(xxx)    "Selection Board" means the Selection Board constituted by the Authority from time to time;

(xxxi)   "Service" means the service constituted under these Regulations;

(xxxii)  "Special pay" means an addition of pay to the emoluments of a post or of an employee in consideration of:--

            (a)        the specially arduous nature of the duties;

            (b)        specific addition to the work or responsibility; or

            (c)        un-healthiness of the locality in which work is performed.

(xxxiii) "Subsistence grant" means a monthly grant made to an employee who is not in receipt of pay or leave pay; and

(xxxiv) "Time scale" means a pay scale including a basic pay scale, corporate scale, PEMRA pay scale and Management pay scale, which is subject to any condition prescribed in these regulations, rising periodically through increments from a minimum to a maximum.

PART II
APPOINTMENTS

3.  Appointment.—Subject to Regulations 31 and 32 for the purpose of these Regulations, an appointment made by initial appointment, promotion or transfer in accordance with these Regulations shall be deemed to have been made on regular basis if it is made in the prescribed manner.

4.         Number and gender.—In these Regulations, unless there is anything repugnant in the subject or context, words importing the masculine gender shall be taken to include feminine and words in the singular shall include the plural and vice versa.

PART III
GENERAL PROVISIONS

5.         Service and cadre.—(1) There shall be a service of the Authority divided into different cadres which shall [4]be specified.

(2)  The Chairman may create / sanction or re-designate posts in different cadres with the approval of the Authority. [5]

6.         Removal from and addition to cadre post.--The Chairman may from time to time, abolish or create any post(s), with the approval of the Authority. [6]

7.         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 Chairman.

(2)        Any orders or instructions made by or issued with the approval of the Authority and in force immediately before the commencement of these Regulations shall in so far as such orders or instructions are not inconsistent with the provisions of the Ordinance, or these Regulations shall be deemed to be subsidiary orders and instructions issued under these Regulations.

(3)        In all matters not expressly provided for in these Regulations, employee shall be governed by, orders and instructions of the Federal government issued from time to time made applicable to the employee by orders of the Authority.

8.  An employee may be required to appear before a medical board.—(1) The Authority competent to fill the post held by an employee (hereinafter referred to as competent authority) may require an employee to appear for medical examination before a medical board as may be constituted by general orders or by specific order in individual cases if, in the opinion of the competent authority, the employee is suffering;

(a)        from a disease which renders him unfit for the proper and efficient discharge of his duties, or

(b)        from a disease which is communicable and is likely to endanger the health of other employees.

(2)        The competent authority shall in all cases supply to the medical board a statement showing name of the employee, name of his father or, as the case may be, her husband, designation, PS, total qualifying service and date of birth as per service record and also a succinct statement of the medical case, if possible.

(3)        If the medical board concerned, after examining the employee, certifies that the employee requires a period of absence from duty for the purpose of rest and treatment and that there is a reasonable prospect of his recovery, the competent authority may grant him leave including extraordinary leave for such period as the Medical Board recommends.

(4)        If the Medical Board, after examining the employee, certifies that the employee is permanently incapacitated for service, the findings of the Medical Board shall be communicated to the employee immediately.

(5)        The employee may, within thirty days of the receipt of the official intimation of the findings of the medical board, apply to the competent authority for review of the case by a second Medical Board.

(6)        On receipt of such an application, the case shall be referred to a reviewing Medical Board to be constituted by Chairman by specific orders in individual cases, which shall review the case.

(7)        If the reviewing medical board also certifies that the employee is permanently incapacitated for further service, the competent authority may require him to retire from service and may grant him subject to provisions of Regulations such invalid pension or gratuity as may be admissible to him under these Regulations and it may do so as if the employee had himself applied for invalid pension or gratuity.

(8)        In case the reviewing medical board holds that the employee is fit for service he should be reinstated forthwith and the period of his absence will be treated as duty. If however, the board certifies that the employee is not fit but there is reasonable prospect of his recovery, the case will be regulated under the provisions of sub-Regulation (3).

(9)        In case the employee concerned does not apply for the review of his case within 30 days of the receipt of the official intimation of the findings of the first Medical Board, the competent authority may require the employee to retire from service and may grant him invalid pension and/or gratuity as provided in these Regulations.

9.         Findings of Medical Board.—An employee who is sent for medical examination under sub-regulation (3) of Regulation 8 shall be examined by the medical board which shall submit its findings to the competent authority.

10.       Employment to be whole time.—Unless in any case it is otherwise provided, the whole time of an employee is at the disposal of the Authority.

11.       Claims to be preferred within six months.—Any claim against the Authority not preferred within six months of its becoming due shall not be paid unless the time-limit is specifically relaxed in individual cases by Chairman or a person delegated the power on his behalf in his discretion.

Provided that claims which are more than three years old shall not be paid without the previous sanction of the Chairman. Such sanction shall be granted only if there are very strong reasons to do so such as their effect on pension etc.:

Provided further that this Regulation does not apply to payment of claims on account of pension including pension of deceased pensioners, which shall be regulated by appropriate Regulation relating to withdrawn pension or payment of arrears of the pension of deceased pensioner.

PART-IV
APPOINTMENT (GENERAL PROVISIONS)

12.       Appointment of employees.—(1) For performance of its functions, the Authority may, from time to time, employ, within the sanctioned strength, such persons and on such terms and conditions as it may consider necessary.

(2)  Without prejudice to the generality of the foregoing powers, the Authority may:

(a)        Appoint and remove its employees and exercise discipline and control over them;

(b)        Regulate and manage its organization, set up by wings within the Authority; and

(c)        Appoint advisory bodies, consultants and advisers on contract basis to advise the Authority in relation to its functions or powers subject to the fulfillment of all the legal formalities/requirements defined in these regulations:[7]

                        Provided that if no suitable regular employee in the cadre is available or otherwise does not complete the required length of service, an employee can be hired on contract for a specified period and after advertisement in newspapers as per prescribed recruitment criteria. [8]

13.       Appointments.—(1) The Authority may select persons with suitable emoluments and employ staff on such terms and conditions as it considers necessary the mention of grades is notional:--

(2)  The appointments to posts in the Authority shall generally be made by initial appointment, by contract and by promotion in accordance with these Regulations.

14.       Authorities competent to make appointment.—Authorities competent to make appointments to various posts in PEMRA shall be as follow:

S. No.

Appointments in Post

Appointing Authority

(1)

Posts in PS- 7 and above

Chairman

(2)

Posts in PS 1 to 6

Executive Member[9]

15.       Methods of appointment.—The appointment to posts shall be made by any of the following methods :

(a)        Initial appointment;

(b)        Promotion;

(c)        Contract[10]

(d)       Deputation[11]

16.       Selection Board.—(1) The Board will consider the cases of appointments of officers of PS 9 and 10 against the various posts.

(2)  The method of appointment, qualifications, experience and other conditions relating to various posts shall be as laid down in Annexure-B and C with subsequent additions / modifications by the Authority from time to time as applicable.

17.       Constitution of Selection Board.—The Selection Board shall be constituted by the Chairman for initial appointment, contract appointment and or[12] for appointment by promotion and transfer to posts in Pay Scale 7 to 10.

18.       Departmental Selection Committee.—Departmental Selection Committee shall be constituted by Chairman for initial appointment to posts in PEMRA Scale 6 and below.

19.       Departmental Promotion Board/Committee.—For appointment by promotion, the Departmental Selection Board/ Committee, shall function as departmental promotion Board/Committee.

PART V
APPOINTMENT BY PROMOTION

20.       Selection and Non-Selection Posts for Promotion.—(1) Posts in PS 9 and 10 are selection posts promotion to which shall [13]be made on the basis of selection on merit.

(2)  Posts in PS 8 and below are non-selection posts promotion to which shall [14]be made on the basis of seniority-cum-fitness.

21.       Eligibility to Promotion.—(1) An employee possessing such minimum qualifications and conditions as may be prescribed shall be eligible for promotion to a higher post for the time being reserved for departmental promotion quota.

22.       Procedure for Promotion.—(1) Promotion to posts in PS 7 to 10 shall be made by the Chairman on the recommendation of the Selection Board/Committee.

(2)        Promotion to posts in PS 1 to 6[15] shall be made by the Executive Member on recommendation of the Departmental Promotion Committee.

(3)        Subject to these Regulations, the Selection Board or, as the case may be, the Departmental Promotion Committee, shall consider the cases of eligible employees for promotion to higher posts in the order of their seniority and either:--

(a)        Recommend an employee for promotion to the next higher post; or

(b)        Recommend an employee for supersession on the ground of his, for the time, being unfit for such promotion; or

(c)        defer consideration of the case of an employee for good and sufficient reasons like non-availability of one or more Performance Evaluation Reports or other documents or information considered necessary to enable the Board or, as the case may be, the Departmental Promotion Committee to determine his fitness for promotion, or where the employee is on deputation abroad to a foreign government, private organization or an international agency, or the employee is 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.

Provided that:

(i)         In case of deferment a vacancy shall normally be kept reserved for the employee for promotion subject to the fulfillments of promotion criteria ;

(ii)        an employee who is superseded for promotion will not be considered again for promotion unless he has earned one more Performance Evaluation Report for one full year;

(iii)       an employee superceded thrice shall not be considered for promotion again.

(iv)       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;

(v)        an employee whose case was deferred because he was on deputation whether in Pakistan or abroad shall be considered for promotion in accordance with these Regulations; and[16]

(vi)       an employee whose case was deferred because he was on extraordinary leave, whether within or ex-Pakistan, shall be considered for promotion in accordance with the above Regulations after he resumes duty in the Authority on the expiry of the sanctioned period of his extraordinary leave.

(4)  An employee who is for the first time being posted outside his cadre in Pakistan or is on extraordinary leave in Pakistan for a period of less than one year will be considered for promotion on his turn along with his juniors and if found fit and approved by the appointing authority for promotion, his promotion shall take effect and pay of the higher post shall accrue from the date he returns to his cadre / assumes the duties of the higher post.

Provided he does so before or immediately on expiry of the approved period of deputation or, as the case may be on the expiry of the sanctioned period of the extraordinary leave failing which the approval for promotion shall stand cancelled and he will be considered for promotion only after he resumes duty in the Authority and has earned one Performance Evaluation Report covering a period of at least one year.[17]

23.  Promotion of an employee on extraordinary Leave of one Year or more in Pakistan or abroad.—An employee on extraordinary leave of one year or more in Pakistan or abroad whose case was deferred in accordance with above Regulations shall be considered in accordance with his seniority only after he resumes duty on the expiry of the sanctioned period of his extraordinary leave and earns at least one Performance Evaluation Report covering a period of not less than one year[18] from the date on which he resumes duty on expiry of the extraordinary leave.

24.       Promotion to posts in PS 8 and above subject to length of service in PEMRA.—No promotion shall be made to posts in PS 8 and above unless the employee has completed a minimum five years[19] of service in previous scale in PEMRA subject to conditions laid down in Annexure-D.

25.       Promotion 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 only.

PART VI
INITIAL APPOINTMENT

26.  Initial appointment to posts in PS 6 and above.

(1)        A candidate for appointment in PEMRA shall be a citizen of Pakistan.

(2)        No person who is less than 18 years of age shall be appointed by initial appointment to a post.

(3)        A person married to a person who is not a citizen of Pakistan shall not be appointed to a post in the Authority except with the prior approval of the Authority. [20]

(4)        All vacancies to be filled by initial appointment shall be advertised in National dailies.

(5)        A candidate for initial appointment must possess the educational qualifications and experience and must be within the age limit for the post as laid down in Annexure- B to these Regulations.

(6)        Chairman may relax age limit and experience up to maximum of three years[21] on initial appointment to a person having exceptional qualifications and or relevant experience. [22]

(7)        Chairman may grant up to maximum of three[23] advance increments on initial appointment to a person having exceptional qualifications and or relevant[24] experience. The employee appointed in Authority against any post can claim benefits under this provision only at the time of appointment. [25]

27.  Observance of Merit and Provincial Quota.—(1) The vacancies in all posts in PS 6 and above and such posts in PS 1 to 5 which serve the whole of Pakistan shall be filled on an all Pakistan basis in accordance with the merit and provincial or regional quotas prescribed by the Federal Government for civil posts from time to time:

Provided that where in the case of a professional or technical post the quotas cannot be observed, prior[26] sanction of the Competent [27]Authority / Chairman shall be obtained before making appointment to such post.

(2)        The vacancies in posts in PS -1 shall be filled on local basis.

(3)        The posts in each PS shall be considered separately for purposes of allocation to the prescribed merit and provincial/regional quotas.

(4)        The merit and the provincial/regional quotas in respect of the vacancies to be filled on the basis of the same advertisement should be worked out upto at least three decimal points.

(5)        The share of the province or region which cannot or is not filled by candidates belonging to that province or region shall be carried over and filled on subsequent recruitment.

(6)        The domicile and date of birth [28]of an employee as declared by him at the time of his first entry in the service of the Authority and accepted by the Appointing Authority shall be treated as final throughout his service career and no subsequent change shall be recognized for the purpose of terms and conditions of his service.

28.       Certificate of Good Conduct.—(1) No person not already in the service of the Authority or the Federal or Provincial Government or a body set up, managed or controlled by such Government shall be appointed unless he produces a certificate of good conduct and character from the principal academic officer of the academic institution last attended, and or[29] from any of the officers specified below, not being his relative, who is well acquainted with his character and antecedents:

(a)        an officer in BPS-17 and above in the service of the Federal Government or a Provincial Government; or

(b)        an Officer in PS- 7 and above or equivalent in the service of PEMRA or any Autonomous / statutory organization set up, managed or controlled by the Federal Government or a Provincial Government.

(2)  Any person, not already in the service of the Authority or the Federal or a Provincial Government, shall be required, before he is appointed, to furnish a written declaration to the effect that he has not previously been convicted by a Court of law of an offence involving moral turpitude or dismissed or retired from the service of the Federal or a Provincial Government or any body or set up, managed or controlled by such Government or a local body as a result of disciplinary action against him:

Provided that if such a declaration is subsequently proved to be false, it will amount to misconduct for which he would be liable to dismissal from service.

29.       Medical Fitness for Initial Appointment.--(1) A candidate for initial appointment must be in good mental and bodily health and free from any physical defect likely to interfere with the discharge of his duties.

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

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

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

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

            Explanation: All persons not already in the service of Authority should ordinarily be examined by a medical board if the initial appointment is in a post in PS-7 or above and by a Civil Surgeon or equivalent in other cases.

30.       Character and Antecedents.—The character and antecedents of a candidate other than a candidate already in the service of the Authority or holding a post in the Federal Government or any Provincial Government on regular basis shall be verified and the appointment shall be made only if, in the opinion of the appointing authority, the character and antecedents are satisfactory.

PART-VII
APPOINTMENT ON CONTRACT

31.       Procedure.—Appointment on contract or otherwise shall be made with the approval of Chairman in following circumstances:

(a)        Against Vacancies: All vacancies shall be filled after fulfillments of prescribed recruitment criteria if it is[30] necessary and in the interest of the Authority to do so.

(b)        As Consultant: When any specialized job is required to be done, not covered by post sanctioned, the appointment as consultant on contract for a specific period[31] may be made by the Chairman for that specified[32] job and at suitable remunerations after advertising in national dailies. [33]

32.       Conditions of appointment.—(1) Appointment on contract may be made on specific terms and conditions which shall be accepted by the person who is being appointed.

(2)  Notwithstanding anything contained in clause (a) of Regulation 31 the appointment on contract shall be made for specific period and given equivalence to specific grade / cadres.

PART-VIII
PROBATION AND CONFIRMATION

33.       Probation, extension & termination of probation.—(1) A person appointed on regular basis to a post by initial appointment, promotion or transfer[34] shall be on probation for a period of one year.

(2)        The period of probation may be curtailed by the appointing authority for good and sufficient reasons to be recorded in writing or if considered necessary, it may be extended for a period not exceeding one year as may be specified at the time of appointment.

(3)        An employee appointed by initial appointment other than a person exempted from verification of character and antecedents 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.

(4)        The probation period shall be deemed to have been extended automatically provided no order thereon is issued after one year. [35]

(5)        Where in the opinion of the appointing authority performance or conduct of a person on probation, in respect of any post, filled by initial appointment, has not been satisfactory, he may be discharged from service during the period of probation.

(6)  Wherein the opinion of the appointing authority, performance or conduct of a person on probation, in respect of any post filled by promotion, has not been satisfactory, he may be reverted to the Post from which he was promoted or transferred during the period of probation.

34.       Eligibility for confirmation.—(1) An employee appointed by initial appointment to a post on probation shall, on satisfactory completion of his probation be eligible for confirmation in that post.

(2)        There shall be no confirmation against any temporary post.

(3)        An employee who during the period of his service was eligible to be confirmed in any Post, retires from service before being confirmed shall not, merely by reason of such retirement, be refused confirmation in such post or any benefits accruing there from.

(4)        Confirmation of an employee on a post shall take effect from the date of occurrence of permanent vacancy in that post or from the date of continuous regular officiating in such post, whichever is later.

Explanation: Confirmation means substantive appointment to a permanent post.

35.       Procedure.—(1) An employee shall not be considered for confirmation until he has completed period of probation.

(2)        After completion of the period of probation, he shall be eligible for confirmation from the date of his first joining PEMRA or the date the post is declared permanent, which ever is applicable.

(3)        An employee shall be considered for confirmation, strictly, in the order of his seniority.

(4)        The confirmation shall be approved by the appointing authority on the basis of his service record/performance.

(5)        The appointing authority may scrutinise the service record of the employee including his performance evaluation reports and determine whether he is fit for confirmation.

(6)        In case an employee is not for the time being found fit, or a disciplinary case is pending against him, the Authority, will defer the case and a vacancy shall be reserved for him.

(7)        Whenever the case of an employee is deferred, he should be considered for confirmation again as soon as the reason on the basis of which deferment took place ceases to exist or, if the deferment was due to unfitness, as soon as he has earned one or more performance evaluation reports, for one year or years.

(8)        As and when the employee is confirmed, confirmation shall take effect from the date of approval as such.

36.  Trainings.--(1) A yearly plan for the trainings of officers/officials including promotion related trainings shall be prepared by the concerned wing. The areas to be covered in these trainings will primarily include finance law, technical knowledge, management, office procedure and practices and any other job related skills.[36]

2.  An employee on official training shall be regarded as on duty.[37]

37.       Lien.—(1) Unless in any case or otherwise provided in these Regulations and subject to successful completion of probation period an employee on confirmation in a permanent post acquires a lien on that post and ceases to hold any lien previously acquired on any other post.

(2)        An employee cannot be confirmed in two or more permanent posts at the same time.

(3)        Except as otherwise specifically provided in these Regulations an employee cannot be confirmed in a post on which another employee has been confirmed and has acquired a lien.

38.       Retention of lien.—Unless his lien is suspended an employee confirmed in a permanent post retains a lien on that post:

(a)        while performing duties of that post,

(b)        while on deputation outside the Authority,

(c)        while holding a temporary post or officiating in another post,

(d)       during joining time on transfer to any other post unless he is transferred Substantively to a post on lower pay in which case his lien is transferred to the new post from the date on which he is relieved of his duties of the old post,

(e)        while on leave; and

(f)        while under suspension.

39.       Suspension of lien.—(1) The appointing authority may at its option suspend the lien of an employee on a permanent post in which he is confirmed if the employee is transferred on deputation outside the Authority or is transferred or appointed to another post in another cadre and if in any of these cases there is reason to believe that he would remain absent from the post on which he holds a lien for a period of not less than three years.

(2)        If the lien of an employee on a post is suspended under sub-Regulation (1) of this Regulation another employee eligible for confirmation may be provisionally confirmed in that post provided the arrangement shall be automatically reversed as soon as the officer / official suspended lien revive.

(3)        The lien of an employee which has been suspended shall revive as soon as he ceases to be on deputation or ceases to hold a post in another cadre provided that the suspended lien shall not revive because the employee takes leave if there is reason to believe that he will on return from leave, continue to be on deputation or to hold a post in another cadre and the total period of absence of duty will not fall short of three years.

(4)        When it is known that the employee transferred to a post outside his cadre is due to retire on superannuation within 3 years of his transfer, his lien on the permanent post shall not be suspended.

40.       When lien cannot be terminated.—The lien of an employee on a post may in no circumstances be terminated, even with his consent, if the result will be to leave him without a lien or suspended lien on a permanent post.

PART-IX
SENIORITY

41.  Particular seniority not a vested right.—For 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 holders of such posts to be prepared but nothing herein contained shall be construed to confer any vested right to a particular seniority in such cadre or post.

42.       Seniority in relation to other employees.—Subject to these Regulations seniority of an employee shall be reckoned in relation to other employees belonging to the same cadre or post, whether serving in the same cadre or post or not, as is provided in these Regulations.

43.       Seniority on initial appointment.—Subject to these Regulations the seniority of an employee on initial appointment to a cadre or post shall take effect from the date of regular appointment to the post to which he has been initially appointed:

Provided that:

(a)        Persons initially appointed on the recommendations of Selection Board or as the case may be through an earlier open advertisement shall rank senior to those appointed through a subsequent open advertisement.

(b)        If two or more persons are recommended in open advertisement by the Selection Board / Committee or as the case may be their inter se seniority shall be determined in order of merit assigned by the Selection Committee.

44.       Seniority on promotion.—Subject to these Regulations, seniority in a cadre or post to which an employee is promoted shall take effect from the date of regular appointment to that post:

Provided that--

(a)        employees selected for promotion to a higher post on an earlier date shall, be senior to those subsequently selected for such promotion;

(b)        the employees who are selected for promotion to a higher post in one batch shall, on their promotion to the higher post, retain their inter se seniority as in the lower post; and

(c)        an employee eligible for promotion who is inadvertently omitted from consideration in the original reference or whose case is held up in circumstances beyond his control, while his junior or juniors are promoted to the higher post, shall, when he is subsequently considered and is promoted without any supersession, take his seniority with the original batch.

45.       Seniority of the officers of the Armed Forces on appointment on contract in the Authority.—Retired officers of the Armed Forces employed on contract shall not be assigned any seniority and their names shall not be placed on the regular seniority list of the employees concerned.

46.       Date of regular appointment of persons of one batch.—If two or more persons are selected for initial appointment or, for promotion in one batch, the earliest date on which a person of that batch assumes charge of the post after approval of such appointment by the appointing authority shall be deemed to be the date of regular appointment of all persons of that batch for purposes of seniority only.

47.       Inter se seniority of employees appointed by promotion or initial appointment in the same Calendar Year.--Employees promoted to higher posts in a particular calendar year shall as a class be senior to those appointed by initial appointment to such posts in that year.

PART-X
APPOINTMENT BY DEPUTATION

48.       Procedure.—Appointment by deputation to a post may be made in the interest of the Authority.

49.       Conditions of Deputation.—(1) Posts in PEMRA may be filled by deputation of employees of other organization only under the following conditions;--

(a)        If any vacant post is available against which no regular officer/official possessing relevant skills / qualification is available or does not meet the required length of service.[38]

(b)        The person opted for deputation must possess relevant qualification, skills and experience for the said post. [39]

(c)        NOC from the parent department of the employee proposed to be appointed on deputation, has been obtained.

(d)       Employee holds post on regular basis in the same basic pay scale or equivalent in his parent department in which the post is placed in PEMRA.

(e)        The borrowed employee would be scrutinized / interviewed by the selection committee appointed by the competent authority for appointment, as the case may be, before hiring of person on deputation in PEMRA.[40]

PART-XI
APPOINTMENT ON ACTING CHARGE BASIS

50.  Circumstances in which acting charge appointment may be made.—(1) Where the appointing authority considers it to be in the public interest to fill a post in PS 8 or above reserved for promotion and the senior and suitable regular employee having minimum of three years of service[41] belonging to the cadre concerned who is otherwise eligible for promotion does not possess the length of service as specified in these Regulations, the appointing authority may appoint him to the post on acting charge basis.

(2)  On appointment on acting charge basis, the employee shall assume full duties and responsibilities of the post and exercise all statutory, administrative and financial powers vested in the regular incumbent of the post.

(3)        So long as an employee holds the acting charge appointment, an employee junior to him shall not be considered for promotion on regular basis but he may be appointed to a higher post on acting charge basis.

(4)        In the case of a post in PS-7 and above reserved for initial appointment, where the appointing authority is satisfied that no suitable employee in the relevant pay scale in which the post exists is available in that category to fill the post and it is expedient to fill the post, may appoint to that post on acting charge basis the most senior and suitable[42] employee otherwise eligible for promotion in the cadre concerned.

(5)        Acting charge appointment shall be made against posts, which are likely to fall vacant for a period of six months or more. In vacancies occurring for less than 6 months, current charge appointment may be made in accordance with these Regulations.

(6)        Appointment on acting charge basis shall be made on the recommendations of the Departmental Promotion Committee or Selection Board as the case may be.

(7)        Appointment on acting charge basis shall not amount to promotion on regular basis for any purpose including seniority.

(8)        Acting charge appointment shall not confer any vested right for regular promotion to the post held on acting charge basis.

(9)        An employee during the period he holds charge of a post on acting charge basis shall draw pay equal to the minimum stage at which his pay would have been fixed had he been appointed to that post on regular basis but the service rendered on acting charge basis in the scale applicable to the post shall have to be counted for increment in that scale from the date on which he completes the length of service specified in these Regulations:

Provided that the service rendered on acting charge basis irrespective of the completion of the specified length of service shall count towards increment in the scale of the post held immediately before appointment on acting charge basis so that on reversion of the employee from the acting charge appointment his pay in the lower post is fixed at the stage which he would have reached had he not been appointed to the higher post:

Provided further that if at any time during his appointment on acting charge basis the pay of the employee in the lower post exceeds his pay on acting charge appointment, he will draw his pay of the lower post.

PART-XII
ADDITIONAL CHARGE & CURRENT CHARGE OF POSTS

51.  Additional charge of an equivalent post.—(1) If a post falls vacant and it is not possible to fill it immediately in the prescribed manner, the work of the post should, as far as possible, be distributed among more than one employee of the same status and designation.

(2)  However, where this is not feasible, the charge of the vacant post may be entrusted in its entirety, with the approval of the Chairman[43]/Executive Member as the case may be to another employee at the same station.

(3)        This arrangement shall not be made for a period of less than one month or more than six months.

(4)        The Chairman may further extend the additional charge for such period or periods as he may deem fit if he is satisfied that there is sufficient justification to do so.

52.  Current charge of a higher post.—(1) Where a temporary vacancy occurs for not more than six months or when a regular vacancy occurs and no arrangement for carrying out the day to day routine work of the post is possible, the charge of the vacant post may, with the approval of the authority competent to make appointment to that post, be given temporarily, in addition to the duties of his own post, to the senior and suitable[44] employee in the cadre present at the place if he is otherwise fit and eligible for promotion.

(2)  This arrangement shall be subject to the following conditions:—

(a)        The arrangement shall not be made for a period of less than one month and should not exceed six months with the approval of Chairman[45] /Executive Member as the case may be:[46]

                        Provided that any extension beyond six months shall require prior [47]approval of the Chairman.

(b)        As soon as the current charge is given, a proposal for regular appointment should be initiated and processed; and

(c)        In making current charge arrangement, the senior and suitable[48] employee of the cadre and present at the place where the vacancy may have occurred, if he is otherwise fit and eligible for promotion may[49] be considered.

                        Provided that in the case of current charge appointments to posts in PS-8 or above, the length of service specified in these Regulations shall not apply.

PART-XIII

53.  Absorption of a person on Deputation in the Authority.—(1) A person serving in the Authority on deputation basis may be appointed on regular basis to an equivalent post for which he is considered suitable by the Authority subject to the following conditions:

(a)        He holds the equivalent post on regular basis in the lending organization;

(b)        If the recruitment relating to that post contain a provision for appointment on deputation;

(c)        Person concerned possesses the relevant qualification / experience prescribed for initial recruitment to that gost;

(d)       The lending organization to which he belongs agrees to such appointment in the Authority;

(e)        For the purpose of absorption, he seeks retirement from the lending organization if he has completed the qualifying service for such retirement otherwise he shall have to resign his post for appointment to a post in the Authority.

(f)        Save as may otherwise be provided by Regulations, no benefit of his previous service shall be admissible to for any purpose including seniority in the Authority;

(g)        He will need specific approval of the competent authority for employment in PEMRA during LPR or within 2 years of his retirement. In case the competent authority declines permission, further employment, in PEMRA will not be made;

(h)        A civil servant desiring regular appointment in PEMRA who has not completed 25 years of service qualifying for pension and other retirement benefits has to resign from his post in the Government. A civil servant who has completed 25 years of service can seek voluntary retirement under the law;

(i)         Such absorption is to be made on the recommendations of the Departmental Promotion Committee /Selection Board, as the case may be, and with the approval of Chairman; which shall be treated as "initial appointment".

PART-XIV
LEAVE

54.  Grant of Leave.—An employee shall be allowed leave in accordance with these Regulations provided that the grant of leave will depend on the exigencies of service and at the discretion of the authority competent to grant leave.

55.       Authorities competent to grant leave.—The authorities competent to grant leave, shall be as follows:--

(i)         Ex-Pakistan leave (all employees)       Chairman

(ii)        For employees in PS 9 and above       Chairman[50]

(iii)       For employees in PS 1 to 8                 Executive
Member[51]

56.       Leave cannot be claimed as a matter of right.—(1) Leave cannot be claimed as a matter of right.

(2)  The grant of leave shall depend on the exigencies of service.

Provided that when the exigencies of service or the interests of the Authority so require the discretion to grant, refuse or revoke leave of any kind is reserved to the authority empowered to grant it.

57.       Earning of Leave.—(1) Leave is earned by duty only.

(2)        Leave is not reckoned as duty for purposes of earning leave.

(3)        The leave earned but not taken by an employee or allowed to him during the period of deputation in Pakistan or outside, the leave will be credited to leave account of the employee on his resumption of duty in PEMRA on termination of his deputation.

(4)        Encashment of leave shall not be admissible in the case of an employee on deputation in Pakistan outside the Authority on the basis of these Regulations.

(5)        Earned leave to employee on deputation in PEMRA would be admissible to the extent of leave earned during period served in PEMRA.[52]

58.       Earning and Accumulation of Leave.—(1) An employee shall earn leave only on full pay which shall be calculated at the rate of four days for every calendar month of the period of duty rendered and credited to the leave account as "Earned Leave on Full pay", duty period of fifteen days or less in a calendar month being ignored and that of more than fifteen days being treated as a full calendar month for the purpose.

(2)        If an employee proceeds on leave during a calendar month and returns from it during another calendar month and the period of duty in either month is more than fifteen days, the leave to be credited for both the incomplete months shall be restricted to that admissible for one full calendar month only.

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

(4)        The employees shall have the option to encash, at the end of each calendar year, the leave earned in a particular calendar year up to maximum of 30 days. Once the leave is encashed, the same shall not be credited to employee's leave account.[53]

59.       Earned Leave on Full Pay.—The maximum period of earned leave on full pay that may be granted at one time shall be as follows:—

(a)        Without medical certificate    120 days

(b)        With medical certificate          180 days

(c)        On medical certificate from leave
account in entire service.         365 days

Explanation.--Leave on half pay converted into leave on full pay on the strength of medical certificate and leave on full pay on medical certificate taken by an employee before commencement of these Regulations shall be debited against the maximum limit of 365 days fixed under this Regulation.

60.  Leave on Half Pay.—(1) Earned Leave on full pay may, at the option of the employee, be converted into earned leave on half pay; the debit to the leave account will be at the rate of one day of the former for every two days of the latter, fraction of one-half counting one full day's leave on full pay.

(2)        The request for conversion of earned leave referred to shall be specified by the employee in his application for the grant of leave.

(3)        There shall be no limit on the grant of earned leave on half pay so long as it is available by conversion in the leave account.

61.       Earned Leave to be applied and sanctioned in terms of days.—Earned leave shall be applied for, expressed and sanctioned in terms of days.

62.       Extraordinary Leave.—(1) Extraordinary leave may be granted in special circumstances when no other leave is admissible under these Regulations or, while the leave being admissible, the employee applies in writing for the grant of extraordinary leave.

(2)        Such leave may be granted at the discretion of the leave sanctioning authority if it is satisfied that good and sufficient reasons exist for its grant.

(3)        The extraordinary leave may be granted upto the maximum of 5 years at a time in the case of an employee who has been in continuous service for a period of not less than eight years and upto the maximum of 2 years if the employee has not completed eight years of continuous service:

Provided that the maximum period of five years shall be reduced by the period of earned leave on full pay or half pay, if granted in combination with the extraordinary leave.

(4)        Extraordinary leave may be granted to commute retrospectively absence without leave into extraordinary leave.

(5)        No leave pay shall be admissible during extraordinary leave.

63.       Recreation leave.—(1) Recreation leave may be granted for fifteen days once in a calendar year.

(2)        The debit to the leave account may, however, be for ten days earned leave on full pay.

(3)        The concession in these Regulations shall be available to those employees only who do not avail themselves of recreation leave in lieu of 10 days casual leave in a calendar year.

64.       Earned Leave not Due.—(1) Earned Leave not due may be granted on full pay to offset against leave to be earned in future, for the maximum period of three hundred and sixty five days in the entire period of service, subject to the condition that during the first five years of service it shall not exceed ninety days in all.

(2)        Such leave may be converted into earned leave on half pay.

(3)        Such leave shall be granted only when there are reasonable chances of the employee resuming duty on the expiry of leave.

(4)        Such leave shall be granted sparingly and to the satisfaction of the sanctioning authority and shall be granted only to a confirmed employee.

(5)        When an employee returns from leave not due which was debited against his leave account, no earned leave will become due to him until the expiration of a fresh period spent on duty sufficient to earn a credit of earned leave equal to the period of earned leave which he took before it was due.

65.       Iddat Leave.—(1) A female employee, on the death of her husband, may be granted Iddat leave on full pay calculated according to these Regulations when applied, for a period not exceeding one hundred and thirty days:

Provided that such leave shall commence from the date of death of her husband:

Provided further that for this purpose she shall produce death certificate issued by the competent authority either alongwith her application for Iddat leave or, if that is not possible, the said certificate may be furnished to the leave sanctioning authority separately but as soon as possible.

(2)  Iddat leave shall not be debited to her leave account.

66.       Maternity Leave.—(1) Maternity leave on full pay calculated according to these regulations may be granted to a female employee to the extent of ninety days in all from the date of its commencement or 45 days from the date of her confinement, whichever be earlier:

Provided that such leave shall not be debited to her leave account. However, a record shall be kept.

(2)        Such leave may not be granted for more than three times in the entire service of a female employee.

(3)        For confinement beyond the third one, the female employee may take earned leave from her normal leave account.

(4)        The spells of maternity leave taken prior to the coming into force of these Regulations shall be deemed to have been taken under these Regulations.

(5)        Leave of any other kind including extraordinary leave as may be due and admissible may be granted in continuation of or in combination with, maternity leave.

67.       Hospital Leave.—(1) The employees may be granted, on such medical advice as the leave sanctioning authority, may consider necessary, hospital leave while under medical treatment for illness or injury if such illness or injury is directly due to risks incurred in the course of official duties.

(2)        The hospital leave may be granted on full pay or half pay calculated according to these regulations as the authority granting it may consider necessary.

(3)        The amount of hospital leave which may be granted to an employee is limited to 90 days on full pay in any period of three years.

(4)        The hospital leave on full pay may be converted, with the approval of the leave sanctioning authority, into leave on half pay.

(5)        Hospital leave on half pay for the purpose of this limit counts as half the amount of hospital leave on full pay.

(6)        Hospital leave is not debited against the leave account of earned leave on full pay.

(7)        Hospital leave may be combined with any other kind of leave which may be due and admissible provided that the total period of leave after such combination shall not exceed seven hundred and twenty days.

68.       Disability Leave.—(1) Disability leave may be granted, outside the leave account on each occasion, up to the maximum of seven hundred and twenty days on such medical advice as the authority competent to sanction leave may consider necessary, to an employee other than an employee specified in Regulations disabled by injury, ailment or disease contracted in course or in consequence of duty or official position.

(2)  The leave pay during disability leave shall be equal to full pay for the first one hundred and eighty days and to half pay for the remaining period calculated according to these regulations.

69.       Earned Leave Ex-Pakistan.—(1) Earned Leave ex-Pakistan on full pay may be granted by the Chairman to all employees, who applied for such leave or who proceeds abroad during leave, or takes leave while posted abroad or is otherwise on duty abroad, and makes a specific request to that effect.

(2)        Earned Leave ex-Pakistan shall be regulated and be subject to the same limits and conditions as prescribed in these Regulations.

(3)        Leave pay shall be drawn in rupees in Pakistan irrespective of the country where leave is spent.

(4)        Subject to sub-regulations (2) and (3) leave pay shall be payable for the actual period of leave spent abroad subject to the maximum of one hundred and twenty days at a time.

70.       Study Leave.—(1) Study leave may be granted as additional leave to an employee for the study of scientific, technical or similar nature, or in order to undertake special courses of instruction.

(2)        Extra leave on half pay for the purpose of study leave may be taken either in or outside Pakistan.

(3)        Study leave shall be granted to an employee of the Authority with at least three years service to his credit. It shall not be granted to an employee within three years of the date on which he has the option of retiring or who has attained the age of 55.

(4)        Study leave shall not be granted to an employee against whom disciplinary action is in progress.

(5)        The study leave may be granted with due regard to the exigencies of service and subject to the condition that the employee proves it to the satisfaction of the sanctioning authority that he is actually proceeding for specific studies:

Provided that a period of 24 months in case of Masters and 36 months in case of Ph.D studies at one time shall ordinarily be regarded as the suitable maximum and may not be exceeded save for exceptional reasons.

(6)        An employee whose study leave is combined with any other kind of leave should be required to take his period of study leave at such a time as to retain, at its conclusion, a balance of other previously sanctioned leave sufficient to cover the period spent in returning to duty.

(7)        When an employee has been granted a definite period of study leave and finds subsequently that his course of study will fall short of the sanctioned period to any considerable extent, his absence from duty should be reduced by the excess period of study leave unless he produces the assent of the sanctioning authority in Pakistan to his taking it as ordinary leave.

(8)        Except as provided all applications for study leave shall be submitted through the Human Resource Wing[54] to the sanctioning authority for approval through the prescribed channel and the course or courses of study contemplated and any examination which the candidate proposes to undergo should be clearly specified therein.

Provided that the application shall accompany proof of admission along with detail regarding length of study, recognition of the institution by HEC etc.[55]

(9)        An employee on earned leave ex-Pakistan who wishes to convert part of the earned leave into study leave or to undertake a course of study during earned leave, should before commencing study and before incurring any expenses in connection therewith, submit a programme of his proposed course of study to the sanctioning authority for approval.

(10)      The programme shall be accompanied by an official syllabus of the course, if one is available, and by any documentary evidence.

(11)      An employee granted study leave is ordinarily required to meet the cost of fees paid for courses of study.

Provided that in exceptional cases the Authority may consider proposals to pay the fee for courses of studies of its employees.

(12)      On completion of a course of study a certificate together with certificate of examinations passed or of special study shall be forwarded to the authority which sanctioned the earned leave.

(13)      Study leave will count as service for promotion and pension but not for leave.

(14)      During study leave an employee will draw half pay as calculated according to these regulations.

71.       Leave Preparatory to Retirement.—(1) The maximum period upto which an employee may be granted leave preparatory to retirement shall be three hundred and sixty five days.

(2)  Leave preparatory to retirement may be taken, subject to availability, either on full pay, or partly on half pay, or entirely on half pay, at the discretion of the employee.

72.       Encashment of refused Leave Preparatory to Retirement.—(1) If in case of retirement on superannuation or voluntary retirement on completion of twenty five years qualifying service an employee cannot, for reasons of public service, be granted leave preparatory to retirement duly applied for in sufficient time, he shall in lieu thereof be granted lump-sum leave pay for the leave refused to him subject to the maximum of one hundred and eighty days.

(2)        Such leave can be refused partly and sanctioned partly but the cash compensation shall be admissible for the actual period of such leave so refused not exceeding one hundred and eighty days.

(3)        The payment of leave pay in lieu of such refused leave may be made to the employee either in lump sum at the time of retirement or may, at his option, be drawn by him month-wise for the period of leave so refused.

(4)        For the purpose of lump-sum payment in lieu of such leave, only the "senior post allowance" will be included in "leave pay" so admissible.

(5)        In case an employee on leave preparatory to retirement dies before completing the period of such leave, his family shall be entitled to lump-sum payment equal to the period falling short of that period.

73.       Power to refuse Leave Preparatory to Retirement.—(1) Ordinarily, leave preparatory to retirement shall not be refused.

(2)  All orders refusing leave preparatory to retirement to an employee and recalling an employee from leave preparatory to retirement shall be passed only by the authorities specified below:

S.No.

Category of employees

Leave Refusing/Re-calling authority

(i)

For employees holding posts in PS-7 and above.

Chairman

(ii)

For employees holding posts in PS 1 to 6

Executive Member[56]

(3)        The authorities specified in sub-Regulations (2) shall not delegate these powers to any other authority.

(4)        All proposals regarding refusal of such leave to an employee shall be referred to the competent authority or, as the case may be, with detailed justification at least three months before an employee is due to proceed on such leave.

74.  Encashment of Leave preparatory to retirment at the option of the employee.—(1) An employee may, fifteen months before the date of superannuation or, as the case may be, before completion of twenty five years qualifying service, at his option, be allowed to encash his leave preparatory to retirement if he undertakes in writing to perform duty in lieu of the whole period of three hundred and sixty-five days or lesser period of such leave which is due and admissible:

Provided that an employee who does not exercise the option within the specified period shall be deemed to have opted for encashment of leave preparatory to retirement:

Provided further that employee on deputation shall not be eligible to claim LPR leave encashment from PEMRA.[57]

(2)        In lieu of such leave, leave pay be claimed for the actual period of leave subject to the maximum of one hundred eighty days.

(3)        If at any time during such period, leave is granted on account of ill health supported by medical certificate or for performance of Hajj, the amount of cash compensation on account of leave pay shall be reduced by an amount equal to the leave pay for half the period of leave so granted.

(4)        The employee shall submit the option to the authority competent to sanction leave preparatory to retirement, who shall accept the option and issue formal sanction for the payment of cash compensation.

(5)        For the purpose of payment in lieu of such leave:

(a)        the rate of pay shall be the rate admissible at the time of the leave pay is drawn;

(b)        the leave pay may be drawn at any time for the period for which duty has already been rendered; and

(c)        only the "Senior Post Allowance" shall be included in the leave pay as admissible.

75.       Lump-Sum payment in Lieu of Leave in case of in-Service death or Invalidment.—(1) In case an employee dies, or is declared permanently incapacitated for further service by a Medical Board, while in service, a lump-sum payment equal to leave pay for the admissible period of the leave preparatory to retirement out of the leave at his credit shall be made to his family as defined for the purposes of family pension or as the case may be, to the employee.

(2)  For the purpose of lump-sum payment under sub-rule (1) only the "Senior Post Allowance" shall be included in the "leave pay".

76.       Leave on the grounds of Illness.—(1) Unless otherwise decided by the leave sanctioning authority, an application for leave on the ground of illness shall be accompanied by a medical certificate granted by the authorised medical attendant concerned of the Authority or in the case of outstation, by a Government medical officer or registered medical practitioner in the prescribed form:

Provided that the authority competent to sanction leave may, at its discretion, secure a second medical opinion from such medical authority or Medical board, as the case may be, as may be specified.

(2)  Grant of a medical certificate does not in itself confer upon the employee concerned any right to leave:

Provided that the order of the authority competent to grant leave to whom the medical certificate is submitted shall be awaited.

77.       Leave due and report on admissibility of Leave.—(1) The amount of leave due to an employee is the balance of leave at his credit in the leave account.

(2)  No leave may be granted until a report on the admissibility of leave has been obtained.

78.       Commencement and end of Leave.—(1) Leave ordinarily begins on the day on which an employee hands over the charge of his post and ends on the day preceding the day on which charge is resumed.

(2)        If holidays are prefixed to leave, the leave shall commence with effect from the first day after the holiday.

(3)        If holidays are suffixed to leave, the leave shall end on the day on which the leave would have ended if holidays had not been suffixed.

79.       Recall from Leave.—(1) All orders recalling an employee to duty before the expiry of his leave should state whether the return to duty is optional or compulsory.

(2)        If the return is optional the employee is entitled to no concession. If it is compulsory he is entitled to concessions specified in the succeeding sub-Regulations.

(3)        If the leave from which he is compulsorily recalled is in Pakistan, which he is spending away from his headquarters, he may be granted a single return fare plus daily allowance as admissible on tour from the station where he is required to report for duty.

(4)        In case the employee is recalled to duty and his remaining leave is cancelled, the fare then admissible shall be for one way journey only.

(5)        If the leave from which he is compulsorily recalled is out of Pakistan, he is entitled to receive a free passage to and from Pakistan and to draw single return fare for the journey in Pakistan provided that if the remaining leave is cancelled, the fare shall be for one way journey only.

(6)        Recall from leave in Pakistan shall require previous approval of the Chairman.

(7)        An employee may be recalled from leave out of Pakistan with the previous approval of the Chairman if such a recall is unavoidable.

80.       Absence after the end of sanctioned Leave.--(1) Unless the leave of an employee is extended by the leave sanctioning authority, an employee who remains absent after the end of his leave shall not be entitled to any remuneration, pay or salary for the period of such absence.

(2)  Without prejudice to any disciplinary action that may be taken against him, double the period of such absence shall be debited against his leave account. If there is insufficient credit in the leave account such debit shall be adjusted against future earning.

81.       Any kind of Leave may be applied.—An employee may apply for any kind of leave which is due and admissible to him and it shall not be refused on the ground that another kind of leave should be taken in the particular circumstances.

82.       Combination of different kinds of Leave.—One kind of leave may be combined with joining time of any other kind of leave otherwise admissible to the employee (except casual leave).

Provided that leave preparatory to retirement shall not be combined with any other kind of leave.

83.       An employee on Leave not to join duty before its expiry without Permission.—Unless he is permitted to do so by the authority which sanctioned his leave, an employee on leave may not return to duty before the expiry of the period of leave granted to him.

84.       Leave due may be granted on abolition of post.—(1) When a post is abolished, earned leave due to the employee, whose services arc terminated in consequence thereof, shall be granted without regard to the availability of a post for the period of leave.

(2)  The grant of earned leave in such cases shall, so long as the employee concerned does not attain the age of superannuation, be deemed automatically to have also extended the duration of the post and the tenure of its incumbent.

85.       Manner of handing over Charge when proceeding on Leave.—(1) An employee proceeding on leave shall hand over the charge of the post, and if he is holding a post in basic pay scale 16 and above, he shall, while handing over charge of the post, sign the charge relinquishment report.

(2)  If leave ex-Pakistan has been sanctioned on medical grounds, the employee shall take abroad with him a copy of the medical statement of his case.

86.       Assumption of Charge on return from Leave.—(1) An employee, on return from leave, shall report for duty to the authority that sanctioned his leave and assume charge of the post to which he is directed by that authority unless such direction has been given to him in advance.

(2)        An employee who proceeds on earned leave on full pay not exceeding one hundred and twenty days may, as far as possible and practicable, be given charge of the post from which he proceeded on leave.

(3)        The provision shall not be construed to vest any right in the employee to claim that he should be posted to the post from which he proceeded on leave.

87.       Human Resource Wing [58]to maintain Leave account.—(1) Leave account in respect of an employee shall be maintained in the prescribed form as part of his service record.

(2)  The Human Resource Wing[59] shall maintain the leave accounts of employees.

88.       Leave to lapse when an employee quits Service.—(1) All leave at the credit of an employee shall lapse when he quits service whether by retirement or otherwise.

89.       Leave Pay.—(1) Leave pay admissible to an employee during earned leave on full pay shall be the greater of:

(a)        the average monthly pay earned during the twelve complete months immediately preceding the month in which the earned leave begins; and

(b)        the rate equal to the rate of pay drawn on the day immediately before the beginning of the leave.

(2)        When earned leave on half pay is taken, the amounts calculated under clauses (a) and (b) of sub-Rule (1) shall be halved to determine the greater of the two rates.

(3)        An employee shall be entitled to leave at the revised rate of pay, if a general revision in pay of the employee takes place or an annual increment occurs during the period of leave of employee.

(4)        In case an employee is permitted to take up any service or accept any employment during leave preparatory to retirement under Regulation, leave pay shall be restricted to the amount of anticipated pension.

(5)        No subsequent adjustment of such leave pay shall be made on the basis of actual pension / gratuity.

90.       Quarantine Leave.—An employee may be granted quarantine leave outside his leave account to the extent the competent medical authority recommends and the period of such leave shall be treated as duty with full pay and allowances of the post held by him at the time of proceeding on leave.

91.       Leave Application.—(1) Except where otherwise slated, an application of leave or for an extension of leave must be made to the leave sanctioning authority through proper channel and the extent of leave due and admissible shall be stated in the application.

(2)        A report on admissibility of leave shall be necessary before the leave is sanctioned.

(3)        When an employee submits a medical certificate for the grant of leave, it shall be by the authorised medical attendant or if he falls ill outside the station, by a Government medical officer or a registered medical practitioner in the prescribed form.

(4)        An employee who has submitted an application for leave must wait for sanction of leave.

(5)        An employee who wishes to spend his leave elsewhere than his headquarters station shall take permission of the authority sanctioning the leave before leaving his headquarters station and keep it advised of the change of address.

(6)        These Regulations shall also apply to employees who leave the headquarters station during holidays.

92.       Return to duty from Leave on Medical Certificate.—No employee who has been granted leave on medical certificate may return to duty without first producing a medical certificate of fitness in the prescribed form.

93.       Employment during Leave not permissible without Prior Approval of the Chairman.—(1) An employee on leave may not take any service or accept any employment without obtaining prior approval of the Chairman.

(2)  However, such permission shall be granted only during leave preparatory to retirement if the employee actually proceeds on such leave:

Provided that an employee who has been granted permission to take any service or accept any employment during leave preparatory to retirement shall be precluded from withdrawing his request for permission to retire and returning to duty.

Explanation.--These Regulations shall not be construed as permitting an employee who avails himself of leave on medical certificate to undertake any employment during such leave.

94.       Leave not admissible during Suspension.—Leave shall not be granted to an employee under suspension.

95.       Casual Leave.—(1) Casual Leave is technically not treated as absence from duty and the employee's pay is not terminated:

(2)  Casual leave must not, however, be given so as to cause evasion of the Regulations regarding:

(a)        date of reckoning pay and allowances;

(b)        charge of duty;

(c)        commencement and end of leave; and

(d)       return to duty; or so as to extend the term of leave beyond the time admissible under these Regulations.

96.       Maximum amount of Casual Leave in a Year.—(1) Casual leave shall be admissible for the maximum period of 20 days in a calendar year.

(2)  No one can claim the maximum number of days of casual leave as a matter of right.

(3)        Casual leave at one time shall not exceed 10 days.[60]

(4)        The Regulations requiring an employee to take permission to leave headquarters station shall also apply to employees who want to spend their casual leave elsewhere than at their headquarters station.

97.       Casual Leave Account.—A proper record of casual leave shall be maintained in the prescribed form.

98.       Prefixing and Suffixing Holidays.--(1) Casual leave may be prefixed or suffixed to a closed or optional holiday.

(2)  If a closed or optional holiday falls between two days of casual leave, it shall be counted as casual leave.

99.       Casual Leave Ex-Pakistan.—The Chairman in the case of an employee holding a post in PS-10 and above and any other officer authorized by the Chairman, in other cases may permit an employee to avail himself of casual leave ex-Pakistan in special circumstances subject to the condition that the limit of 20 days is not exceeded.

100.     Authorities Competent to grant Casual Leave.—(1) Casual leave to employee holding various scales / grades will be allowed as under:--

(i)         MP-II / BPS-21/PS-11            Chairman[61]

(ii)        PS10                                        Executive Member[62]

(iii)       All Heads of wings for their subordinates staff at Headquarters. [63]

(iv)       RGM for all subordinate staff in the Regional offices. [64]

(2)  An application for grant of leave under sub-regulation (1) shall be made through the officer to whom the employee is reporting.

101.     Joining Time.—(1) The joining time is granted to an employee to enable him:

(a)        to join a new post to which he is appointed while on duty in his old post; or

(b)        to join a new post:

            (i)         on return from leave on full pay not exceeding 120 days;

            (ii)        when he has not had sufficient notice regarding his appointment to the new post, on return from any leave other than that specified in (i) above; or

            (iii)       to travel from the port of disembark or in case of air journey from first airport of call in Pakistan to organize his domestic HR, when he returns from leave out of Pakistan for more than 120 days.

102.     Joining time treated as duty.—An employee on joining time shall be regarded as on duty and shall be entitled to be paid as follows:

(a)        if on joining time he would be entitled to the pay which he would have drawn if he had not been transferred or the pay which he will draw on taking charge of his new post, whichever is less; or

(b)        if on joining time the leave pay to which he is entitled under these Regulations but no joining time pay is admissible on return from extraordinary leave except extraordinary leave not exceeding 14 days in continuation of other leave.

103.     Not joining the post within joining time.—(1) An employee who does not join his post within his joining time is not entitled to any pay or leave pay after the end of joining time.

(2)  Willful absence from duty after the expiry of joining time may be treated as misconduct for purposes of taking disciplinary action against the employee concerned.

104.     Calculation of joining time.—(1) Not more than one day is allowed to an employee to join a new post when the appointment to such post does not necessarily involve a change of residence from one station to another.

Explanation: A holiday counts as a day for this purpose.

(2)        The joining time of an employee involving transfer from one station to another is subject to the maximum of 30 days.

(3)        Six days are allowed for preparation and in addition, a period to cover the actual journey calculated as follows:

(a)        For journey by railway One day for each 250 miles (403 kilometers) or any longer time actually occupied in the journey.

(b)        For journey by motor car or conveyance plying for hire. One day for each 80 miles (129 kilometers).

(c)        For journey by air. Number of days actually taken in the air journey.

(4)        One day is allowed for any fractional portion of any distance prescribed in Clause (a).

(5)        The joining time is normally calculated by the route which travelers ordinarily use irrespective of the route by which the employee has actually traveled.

(6)        A Sunday is not included for the purpose of the calculation in this Regulation but is included in the maximum period of 30 days.

(7)        The authority sanctioning the transfer may reduce the period of joining time admissible under this sub-regulation but it shall not be less than the time actually and unavoidably occupied in the journey.

(8)        By whatever route an employee actually travels, his joining time shall, unless the Chairman for special reasons may otherwise order, be calculated by the route which travelers ordinarily use.

(9)        The authority sanctioning the transfer may for reasons to be recorded extend the joining time calculated under sub-regulation (2) but not beyond 30 days.

(10)      The Chairman may, at his discretion, allow a longer joining time than is admissible under sub-regulation (3) if he is satisfied that the employee, notwithstanding due diligence on his part, had to spend more time on the journey than is allowed by these Regulations or when the Regulations have in a particular case operated harshly, e.g., where the employee was prevented from circumstances beyond his control to join within the joining time.

(11)  Nothing in this sub-rule shall be construed to vest any right in the employee to claim extension of joining time whatever be the circumstances.

105.     Time and place from where joining time is calculated.—(1) If an employee is authorised to make over charge of a post elsewhere than his headquarters, his joining time shall be calculated from the place at which he makes over charge.

(2)        If an employee is appointed to a new post while in transit from one post to another his joining time begins on the day following the day on which he receives the order of appointment.

(3)        When an employee takes leave while in transit from one post to another, the period which has elapsed since the relinquished charge of his old post should be included in his leave, unless the leave is taken on medical certificate. In the latter case, the period may be treated as joining time.

(4)        If an employee is appointed to a new post while on leave on full pay of not more than 120 days, his joining time will be calculated from his old station or from the place in which he received the order of appointment, whichever shall entitle him to the less joining time.

PART-XV
REVERSION, RETIREMENT, RESIGNATION AND TERMINATION OF SERVICE

106.     Reversion to Lower Post.—An employee appointed to a higher post/higher scale on temporary or officiating basis shall be liable to reversion to his lower post/pay scale without prior notice.

107.     Age of retirement from Service.—(1) An employee shall retire from service on completion of the sixtieth year of his age.

Explanation:—When an employee is required to retire on attaining a specified age the day on which he attains that age is reckoned as a non-working day, and he must retire with effect from and including that day.

108.     Optional Retirement from Service.—Notwithstanding anything contained in these Regulations or in the terms and conditions of his service, an employee may opt for retirement on such date after he has completed twenty five years service qualifying for pension / gratuity or other retirement benefits as the competent authority may specify in the interests of the Authority.

109.     Resignation with previous notice in writing.—(1) An employee under bond to serve the Authority for a specified period can resign only after paying the contractual amount of the bond or the proportion of the amount for the unserved period of the bond.

(2) A temporary or a permanent employee may resign from his post in writing:

Provided that:--

(a)        the resignation shall not become effective unless the competent authority accepts it;

(b)        the employee concerned continues to be in service and cannot absent himself from his duties without proper leave till his resignation is accepted.

(c)        any violation of this requirement shall constitute misconduct and the employee shall make himself liable to disciplinary action on that ground.

110.     Withdrawal of resignation.—(1) If an employee submits his resignation from service and withdraws it before it is accepted by the competent authority, the resignation shall be deemed to have been withdrawn.

(2)  If the employee withdraws his resignation after its acceptance by the competent authority but before it becomes effective, i.e., before the employee concerned is relieved, it shall be open to authority, which accepted the resignation to allow the employee concerned, on merits of the case, to withdraw the resignation.

111.     Non-acceptance of resignation.—No resignation shall be accepted if any disciplinary proceedings against the employee concerned are in progress.

112.     Clearance of dues before resignation.—An employee submitting his resignation shall clear all the dues which are payable by him.

113.     Procedure for submitting resignation.—The resignation of an employee shall be submitted through his immediate officer to the competent authority accompanied by the original letter of resignation and the following information:--

(a)        whether any disciplinary proceedings are pending against him;

(b)        whether the employee concerned is required to serve the Authority for any specified period in accordance with the terms and conditions of his appointment or any bond or undertaking executed by him in connection with the grant of leave, course of instructions of training or in any other connection;

            (i)         if so, whether that period has expired;

            (ii)        if it has not expired, whether any moneys spent on his training etc. recoverable from him in accordance with any rule or bond executed by him have been paid by him;

(c)        whether any other dues recoverable from the employee have been paid by him.

114.     Termination of Service.—(1) The service of an employee may be terminated by the competent authority during the initial or extended period of probation.

(2)        Subject to sub-Regulation (2) of Regulation 32 the services of an employee appointed on contract basis may be terminated by the competent authority specified in these Regulations on one month prior written notice by either side or pay in lieu thereof.

Provided that the Competent Authority may waive the payment from the employee in case the employee fails to give one month notice.

(3)        Notwithstanding any thing contained in the sub-Regulation (1) the service of an employee in temporary employment shall be liable to termination at any time with the approval of the competent authority.[65]

PART-XVI
RE-EMPLOYMENT AFTER RETIREMENT

115.     Employment after retirement to be in the interest of Authority.—(1) A retired employee who has not attained the age of superannuation shall not be re-employed in PEMRA unless such re-employment is necessary in the interest of the PEMRA and is made, subject to the these Regulations with the approval of the authority next above the appointing authority.

(2)        Re-employment beyond the age of superannuation (60 years) shall be made as an exception only. It may be considered in cases where experience gained by the retiring employee is of vital importance and can be gainfully utilised, particularly in fields where suitably qualified and experienced persons arc not available.

(3)        For achievement of this objective, cases for re-employment may be considered in accordance with the following criteria:

(a)        non-availability of suitably qualified or experienced persons to replace the retiring employee;

(b)        the employee is a highly competent person with distinction in his profession or field;

(c)        the re-employment does not cause a promotion block; and

(d)       retention of the retiring employee for a specified period is in the interest of the Authority.

(4)        Employment of all retired employees irrespective of basic pay scales from which they retired and whose age at the time of employment after retirement exceeds 60 years shall be made with the prior approval of the Authority.[66]

(5)        An employee who was dismissed from service as a result of disciplinary action under the rules applicable to him shall not be employed in any circumstances.

116.     Re-employment of retired Civil Servants in the PEMRA.—No Retired civil servant whose age exceeds 60 shall be re-employed in the Authority unless such re-employment is in the interest of the Authority, and is made with the approval of the Prime Minister.

117.     Re-employment after compensation gratuity.—(1) An employee who has obtained a Compensation gratuity, if re-employed in qualifying service, may either retain his gratuity, in which case his former service will not count for future pension, or refund it and count his former service.

(2)        The intention to refund must be stated immediately on re-employment; but the refund may be made by monthly installments of not less than one third of employee's salary, and not less than the whole gratuity divided by the number of months which have elapsed since the end of the service for which the gratuity was given.

(3)        The right to count previous service does not revive till the whole amount is refunded.

118.     Re-employment after compensation Pension.—(1) An employee who obtained a compensation pension, if re-employed, may retain his pension in addition to his pay, provided that the pension shall remain wholly or partly in abeyance if the sum of the pension and the initial pay on re-employment exceeds his substantive pay at the time of his discharge.

Explanation: An employee can draw so much of pension only as will make his initial pay plus pension equal to his substantive pay at the time of his discharge.

(2)  If re-employment of the employee who obtained compensation pension is in qualifying service, he may either retain his pension, subject to sub-Regulation (1) above, in which case his former service will not count for future pension, or cease to draw any part of his pension and count his previous service.

119.     Re-employment after invalid Pension.—There is no bar to the re-employment of an employee who has regained health after obtaining invalid pension.

Provided that the procedure in such a case as to refunding gratuity, drawing pension, and counting service, shall remain same as in the case of re-employment after Compensation pension.

120.     Pay and post on re-employment.—(1) Re-employment of a retired employee shall be made in a post in basic pay scale equivalent to his substantive post or his temporary post if held for one year or more by the employee before retirement.

(2)  The pay of a retired employee shall be fixed in accordance with the following principles:

(a)        If the substantive pay last drawn by the employee before retirement was less than the minimum of the scale of the new post, he shall be allowed the minimum of the scale less pension.

(b)        If the substantive pay last drawn was more than the minimum of the scale but less than the maximum of the scale of the new post, his pay shall be fixed at the stage in the scale corresponding to the pay last drawn, or if there be no such stage, at the next higher stage in the scale.

            Provided that from the pay so fixed the amount of pension should be deducted.

(c)        Where the substantive pay drawn immediately before retirement was more than the maximum of the scale of the post in which the employee is re-employed, his pay may be fixed at the minimum of the scale of the post in which he is re-employed and he shall be allowed to draw his pension in addition to the pay so fixed subject to the condition that the initial pay fixed plus the amount of pension does not exceed the substantive pay drawn by him immediately before retirement.

(d)       Once the pay is so fixed he shall be entitled to draw increments in the scale of the post provided that the amount of pay including increments plus pension does not, at any stage, exceed the substantive pay drawn before retirement.

(3)  Notwithstanding anything contained in these Regulations, an extraordinary pension sanctioned under these Regulations shall continue to be drawn by a retired employee during the period of re-employment and shall be subject only to the conditions of its award.

121. Commutation of Pension during or before re-employment.—(1) In the case of a pensioner who is re-employed in the Authority and who commutes a portion of his pension after such reemployment, the amount of pension which the pensioner is entitled to draw under these Regulations shall be the amount to which he would have been entitled had there been no commutation less the amount commuted.

(2)  In the case of a pensioner a portion of whose pension has been commuted before re-employment, the original amount of pension shall be taken into consideration, where so required, in fixing the total receipts during the reemployment and not merely the uncommuted portion.

PART-XVII
POSTING AND TRANSFER

122.     Liability to Serve in any post.—(1) An employee shall be liable to serve in any post in or under the Authority or in any body set up, controlled or managed by the Authority.

(2)  Unless otherwise decided, posting of an employee on a particular post may not ordinarily exceed three years.

123.     Transfer from one post to the other within the Authority.—(1) The Chairman or the person to whom powers are delegated by the Chairman from time to time by specific orders may transfer employee holding post PS-6 or below from one cadre post to an other cadre post within the Authority.

Provided that the Chairman shall make such transfer of employees in PS-7 and above.

124.     Transfer of an employee on deputation in Pakistan.—(1) The Appointing Authority may sanction transfer of an employee of PEMRA on deputation within Pakistan for a specified period not exceeding five years to the Federal Government/Provincial Government/Autonomous Bodies / International Organizations etc.

(2)        While on deputation, an employee shall continue to remain under the rule making control of the Authority and except as may be mutually agreed to between the lending authority and the borrowing authority, he shall continue to be governed by the Regulations applicable to him as an employee of the Authority.

(3)        If an employee is transferred on deputation while on leave, he ceases, from the date of such transfer, to be on leave and to draw leave pay.

(4)        An employee on deputation shall draw pay from the borrowing authority from the date on which he assumes charge of his post in the borrowing Authority.

(5)        Subject to any restriction which the Chairman may by general order impose, the amount of his pay, the amount of joining time admissible to him and his pay during such joining time will be fixed by the authority sanctioning the transfer in consultation with the borrowing authority.

(6)        An employee reverts from deputation to the Authority on the date on which he takes charge of his post in the Authority.

Provided that if he takes leave on the conclusion of deputation before joining his post, his reporting back shall take effect from such date as the authority which sanctioned his transfer to the borrowing authority may decide.

(7)        When an employee reverts from deputation to Authority, his pay will cease to be paid by the borrowing authority with effect from the date of his joining back.

(8)        The traveling allowance of an employee both in respect of the journey on transfer to the borrowing office and on reverting back there from to Authority will be borne by the borrowing authority. This Regulation applies even in cases where the employee takes leave on reversion before joining duty under Authority.

(9)        While an employee is on deputation, contributions towards the cost of his pension must be paid to the revenues of the Authority on his behalf.

Provided that:

(a)        the contributions shall be payable by the borrowing authority at the prescribed rate.

(b)        the contributions shall be payable during leave taken while on deputation; and

(c)        the rate of pension contribution shall be designed to secure to the employee the pension that he would have earned by service under the Authority if he had not been transferred on deputation.

(10)      The Chairman may decide the pension contributions due in any specified case or class of cases.

(11)      Leave shall be sanctioned and leave pay shall be paid during the period of deputation by the borrowing authority.

Provided that the employee on deputation who is granted leave and paid leave pay by the borrowing authority shall not count the period spent on deputation for earning leave under the authority.

125.  Transfer of an employee on deputation Outside Pakistan.—(1) The appointing authority may sanction transfer of an employee on deputation outside Pakistan for a specified period not exceeding five years to a foreign government or International Organization, hereinafter called borrowing authority.

(2)        When an employee is proposed to be transferred on deputation outside Pakistan the terms and conditions of such deputation including the amount of his pay, joining time, pay during joining time and other connected matters, shall be fixed by the authority sanctioning the transfer in consultation with the borrowing authority.

(3)        The following general principles may be, followed while determining terms and conditions of the persons sent on deputation out of Pakistan:

(a)        The employee shall be treated to be on deputation with effect from the date he takes over charge of his post under the borrowing authority;

(b)        He shall revert from deputation on the date he takes over charge of his post under the Authority; Provided that if he takes leave before joining his post under the Authority, the authority, which sanctioned his transfer on deputation, shall fix the date of his reversion from deputation.

(c)        During the period of deputation, the person concerned shall be entitled to pay, joining time pay, allowances and traveling facilities including passage for himself and his family to the place of employment under the borrowing authority and back on termination of the deputation in accordance with the Regulations of the borrowing authority or the terms and conditions offered by it.

(d)       The employee shall, during the period of his deputation, pay to the Authority pension contribution at the rate as may be specified by the Chairman by issue of general orders from time to time.

                        Provided that till such time as the rates of pension contribution are ascertained and intimated by the authority the employee shall provisionally pay pension contribution in foreign currency in respect of the person concerned at a uniform rate of 33 1/3% of the mean of minimum and maximum of the basic pay scale held by him at the time of his proceeding on deputation plus other emoluments (reckonable for pension) which would have been admissible to him had he not been transferred on deputation.

(e)        During the period of deputation, the person concerned shall continue to subscribe to the General Provident Fund or any other Fund of the same nature, like Contributory Provident Fund, Benevolent Fund, and Group Insurance Fund according to the orders regulating subscription to that Fund;

            Explanation: The amount of subscription is payable in foreign exchange and he shall remit the necessary amount in foreign exchange every month to a scheduled bank in Pakistan which shall pay to the authority the rupee equivalent thereof at the official rate of exchange on the basis of his pay which would have been admissible in the authority, but for his transfer on deputation.

(f)        The leave terms of the person concerned during the period of his deputation shall be regulated according to the terms and conditions offered by the borrowing authority;

Provided that:--

            (i)         leave pay in respect of such leave shall be payable by the borrowing authority to the person concerned; or

            (ii)        leave earned by him during the period of deputation shall be credited to his leave account with the Authority, however no liability in respect of leave pay on account of such leave devolve on the Authority; and

            (iii)       the Authority shall not recover any leave pay contribution from the borrowing authority.

(g)        The person concerned shall not be entitled to receive any leave pay from the Authority in respect of disability leave on account of any disability arising in or through service on deputation with the borrowing authority.

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

(i)         The person concerned shall be on deputation with the borrowing authority for the period originally agreed upon; and

                        Provided that any extension beyond the original period of deputation shall not be made without the approval of the Chairman or as the case may be authority who sanctioned such transfer on deputation.

            Provided further that if an employee overstays the original or extended period without such approval this shall be treated as misconduct on the part of the person concerned and he may be called for disciplinary action.

(j)         If the person concerned during the period of his deputation becomes entitled to any additional benefit, or is appointed to any post involving doing alteration in his emoluments, he shall intimate particulars of such additional benefit or such appointment to the authority, which sanctioned his transfer on deputation for information.

                        Provided that any modification of the terms involving additional liabilities on Authority shall require its prior approval.

(4)  Promotion of an employee on deputation out of Pakistan including such deputation to an international organization, foreign Government or a Private Organization except when he is serving Government of Pakistan/Autonomous body etc. on the orders of Competent Authority shall be considered in accordance with his seniority only after he resumes duty on return to Pakistan.

Provided that:--

(a)        Such an employee may be given timely intimation to return so that he can earn at least one confidential report covering a period of not less than six months before his case comes up for consideration in accordance with his seniority position;

(b)        If the employee returns, his case will be considered for promotion in normal course;

(c)        If he does not return in response to such intimation, his case will be deferred till he returns to Pakistan on completion of five years and earn a PER on his work for full one year after resuming duty;

(d)       The Chairman may allow an employee to continue against his assignment abroad even after the expiry of 5 years on the request of    the employee or his employer however, in all such cases, the officer's name will be removed from the existing seniority list and placed in a separate static list with no claim for promotion or to seniority over any junior who may be promoted during this period. His name would be brought back on the seniority list only after he resumes duty on return;

(e)        In such cases also the employee must earn a performance evaluation report for full one year before he is considered for promotion;

(f)        If approved for promotion he will not regain his seniority; and

(g)        He will be assigned seniority in the higher post only from the date on which he assumes charge of the higher post following approval of the competent authority to his promotion.

(5)  Nothing in these Regulations shall prevent more than one deputation ex-Pakistan in the career in accordance with the principles laid down in these Regulations.

126.     Restrictions on deputation within two years of initial appointment.—(1) No employee initially appointed shall be considered for deputation unless he has served for at least two years in Authority from the date of his initial appointment to a post in the Authority.

Provided that the Chairman may relax this condition in exceptional cases/ circumstances.

127.     Training.—The Chairman may require an employee to undergo such pre-service and in-service training within or outside Pakistan at any time and for any duration and on such terms and conditions as he may specify in each case.

PART-XVIII
CONDUCT

128.     Gifts.—(1) Save as otherwise provided in these Regulations, no employee shall, except with the previous sanction of the Chairman, accept, or permit any member of his family to accept, from any person any gift the receipt of which will place him under any form of official obligation to the donor.

Provided that if, however, due to very exceptional reasons, a gift cannot be refused, the same may, under intimation to the Chairman and the Cabinet Division, be kept for official use in the PEMRA.

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

(3)        If any gift is offered by the head or representative of a foreign state, the employee concerned shall attempt to avoid acceptance of such a gift, if he can do so without offending the dignitary.

Provided that if he cannot do so, he shall accept the gift and shall report its receipt to the Chairman for orders as to its disposal.

(4)        An Employee is prohibited from receiving gift of any kind for their person or for members of their family from diplomats, consular and other foreign Government representatives or their employees who arc stationed in Pakistan.

Provided that if due to very exceptional reasons, a gift cannot be refused, it shall invariably be reported to the Chairman for orders as to its disposal.

(5)        Employees, except those holding posts in, PS 1-2 are prohibited from accepting cash awards offered by the visiting foreign dignitaries.

Provided that in case it becomes impossible to refuse, without offending the dignitary, the amount may be accepted and immediately reported to the Chairman for orders as to its disposal.

(6)        The responsibility for reporting the receipt of a gift shall devolve on the individual recipient.

(7)        All gifts received by an employee irrespective of their prices, must be reported to the Chairman or a person authorised by him in this behalf.

129.  Acceptance of Foreign Awards.—(1) No employee shall, except with the approval of the President, to be obtained through the Chairman, accept a foreign award, title or decoration.

Explanation.—For the purposes of this Rule, the expression "approval of the President" mean prior approval in ordinary cases and ex post facto approval in special cases where sufficient time is not available for obtaining prior approval.

130.  Public Demonstration in Honour of an Employee.—(1) No employee shall encourage meetings to be held in his honour or presentation of addresses of which the main purpose is to praise him.

(2)        Notwithstanding anything contained in sub-Rule (1) an employee may take part, with the previous permission of the Chairman:

(a)        in the raising of funds to be expended for any public or charitable purpose; and

(b)        in the raising of funds to be expended for any public or charitable object connected with the name of any other employee or a Government servant or a person who has recently quitted the service of the PEMRA or the Government.

(3)        When an employee takes part in the raising of funds in accordance with the provisions of clauses (a) and (b) of sub-Rule (2) he shall be required to keep regular accounts and submit them to the next higher officer for scrutiny.

131.     Subscriptions.—No employee shall, except with the previous sanction of the Chairman, 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.

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

Provided that the above Rule shall not apply to dealings in the ordinary course of business with a joint stock company, bank or a firm of standing.

(2)  When an employee is appointed or transferred to a post of such a nature that a person from whom he has borrowed money or to whom he has otherwise placed himself under a pecuniary obligation will be subject to his official authority, or will reside, possess immovable property, or carry on business within the local limits of such authority, he shall forthwith declare the circumstances to the Chairman through the usual channel:

Provided that employees holding posts in basic pay scales 15 (PS-5) and below shall make the declaration referred to in this sub-Rule to the head of his department.

133.     Disclosure of Assets.—(1) An employee shall submit to the Authority, assets and expenses for each financial year, (from lst July to 30th June).

(2)  Following guidelines may be noted for strict compliance:

(i)         Declaration of Income, Assets & Expenses are to be submitted on prescribed proforma by all employees of the Authority of all basic pay scales including all persons re-employed/employees on contract.

(ii)        First Declaration of Assets on the revised proforma at Annexure-E containing full details of assets and liabilities shall be submitted by all concerned for the Financial Year ending on 30th June by 31th July. The employees appointed after 30th June shall submit Declaration of Assets as on the date of their first appointment. Therefore, every employee of the Authority is required to submit declaration of his income and assets on close of every Financial Year i.e. 30th June by 31st July each year.

134.     Speculation and Investment.—(1) No employee shall make, or permit any member of his family to make, any investment likely to embarrass or influence him in the discharge of his official duties.

(2)  If any question arises whether a security or an investment is of the nature referred to in any of the foregoing sub-Regulation, the decision of the Chairman in the case shall be final.

135.     Promotion and Management of Companies.—No employee shall, except with the previous sanction of the Chairman take part in the promotion, registration or management of any bank or company.

Provided that an employee may, subject to the provisions of any general or special order of the Competent Authority, take part in the promotion, registration or management of a society.

136.     Private Trade, employment or work.—(1) No employee shall, except with the previous sanction of the Chairman in the case of employees in PS-6 and above and the Human Resource Wing in other cases, engage in any trade or undertake any employment or work, other than his official duties.

Provided that he may, without such sanction, undertake honorary work of a religious, social or charitable nature or occasional work of a literary or artistic or research oriented character, subject to the condition that his official duties do not thereby suffer and that the occupation or undertaking does not conflict or is not inconsistent with his position or obligations as an employee; but he shall not undertake or shall discontinue such work if so directed by the Chairman or, as the case may be, the Human Resource Wing.

Explanation: An employee who has any doubt about the propriety of undertaking any particular work shall refer the matter for the orders of the Chairman.

Provided further that an employee holding a post in PS-5 and below may, without such sanction, undertake a small enterprise, which absorbs family labour and where he does so, he shall file details of the enterprise alongwith the declaration of assets.

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

Explanation: This Rule does not apply to the activities and membership of recreation clubs.

137.     Subletting of Residential Accommodation allotted by the Authority or the Government.—No employee shall, except with the prior permission of the Chairman sublet accommodation let to him by the PEMRA or the Government.

138.     Insolvency and Habitual Indebtedness.—(1) An employee shall avoid habitual indebtedness.

(2)  If an employee is adjudged or declared insolvent or if the whole of that portion of his salary which is liable to attachment is frequently attached for debt or has been continuously so attached for a period of two years, or is attached for a sum which, in ordinary circumstances, he cannot repay within a period of two years, he shall be presumed to have contravened this Rule unless he proves that the insolvency or indebtedness is the result of circumstances which, with the exercise of ordinary diligence, he could not have foreseen or over which he had no control and has not proceeded from extravagant or dissipated habits. An employee who applies to be or is adjudged or declared insolvent shall forthwith report his insolvency to the Chairman, if he is holding a post in PS-6 and above and to the Human Resource Wing in other cases.

139.     Intimation of Involvement and conviction in a Criminal Case.--If an employee is involved as an accused in a criminal case or is convicted, he shall bring the fact of such involvement or conviction, as the case may be, to the notice of the Chairman in the case of employees in PS-6 and above and to the Human Resource Wing in the case of employees in PS-5 and below immediately or, if he is arrested and released on bail, soon after such release.

140.     Unauthorized Communication of Official Documents/Information.--No employee shall, except in accordance with any special or general order of the Chairman communicate directly or indirectly any official document or information to an employee or to a Government servant unauthorized to receive it, or to a non-official person, or to the press.

141.     Approach to Members of the Senate, National or Provincial Assembly or Non-Official Persons.--No employee shall, directly or indirectly, approach any member of the Senate or National Assembly or a Provincial Assembly, or any other non-official person to intervene on his behalf in any matter.

142.     Management of Newspapers or Periodicals.—No employee shall, except with the previous sanction of the Chairman, own wholly or partly or conduct or participate in the editing or management of any newspaper or other periodical publication.

143.     Radio Broadcasting or Television Programmes and Communications to the Press.—No employee shall, except with the previous sanction of the Chairman in the case of employees in PS-7 and above, Human Resource Wing in the case of other employees, participate in a radio broadcast or Television programme or contribute any article or write any letter, either anonymously or in his 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 television programme or such contribution or letters is not, or may not be, considered likely to jeopardize the integrity of the 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 television programme or such contribution or letter is of a purely literary, artistic or scientific character.

144.     Publication of Information and Public Speeches Capable of Embarrassing the Authority or the Government.—No employee shall in any document published or in any communication made to the press, over his own name, or in any public utterance or television programme, or in any radio broadcast delivered by him, make any statement of fact or opinion which is capable of embarrassing the Authority or the Government:

Provided that technical employee may publish research papers on technical subjects, if such papers do not express views on political issues or on the policy of the Authority or of the Government and do not include any information of a classified nature.

145.     Where an 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 two or 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.

146.     Evidence before Committees.—(1) No employee shall give evidence before a public committee except with the previous sanction of the Chairman.

(2)        No employee giving such evidence shall criticize the policy or decisions of the Authority or of the Federal or Provincial Government.

(3)        This Regulation 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.

147.     Taking part in Politics and Elections.—(1) No 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 employee shall canvass or otherwise interfere or use his influence in connection with or take part in any election to a legislative body, whether in Pakistan or elsewhere.

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

(3)        An employee who issues an address to electors or in any other manner publicly announces himself or allows himself to be publicly announced as a candidate or prospective candidate for election to a legislative body shall be deemed for the purpose of sub-Regulation (2) to take part in an election to such body.

(4)        These Regulations shall, so far as may apply to election to local authorities or bodies, save in respect of employees or permitted by or under law, or order of the Government force to be candidates at such elections.

(5)        If any question arises, whether any movement or activity falls within the scope of these Regulations, the decision of the Chairman thereon shall be final.

148.     Propagation of sectarian creeds.—No 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 integrity in the discharge of his duties or to embarrass the administration or create feelings of discontent or displeasure amongst the employees or the Government servants in particular and amongst the people in general.

149.     Employees not to express views against Ideology of Pakistan.—No employee shall express views detrimental to the ideology or integrity of Pakistan.

150.     Employees not to take part in or assist any Public Demonstration against decision or Policy of the Authority or of the Government.—No employee shall take part in or, in any manner assist, any public demonstration directed against a decision taken by or policy of the PEMRA or, as the case may be, the Government or permit any member of his family dependent on him to do so.

151.     Nepotism, Favoritism and Abuse of Office.—No employee shall indulge in provincialism, parochialism, favoritism victimization or willful abuse of office.

152.     Membership of Service Associations.--No employee shall be member, representative or officer of any association representing or purporting to represent employees or any class of 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 employees and shall be open to all 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);

(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 political publication except in accordance with any general or special order of the Chairman; and

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

(c)        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 candidature by a candidate for such election;

            (ii)        by any means support the candidature of any person for such election; or

            (iii)       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/and

            (ii)        pay, or contribute towards, the expenses of any trade union.

153.  Membership of Non-Political Association.--No employee shall accept membership of any non-political association or Organization whose aims and objects, nature of activities and membership are not publicly known.

154.     Use of political or other influence.—No employee shall bring or attempt to bring political or other outside influence, directly or indirectly, to bear on the Board, Chairman or Members or on any employee or on the Government servant in support of any claim arising in connection with his employment as such.

155.     Approaching Foreign Missions and Aid-Giving Agencies.--(1) No employee shall approach, directly or indirectly, a foreign mission in Pakistan or any foreign aid-giving agency to secure for himself invitations to visit a foreign country or to elicit offers of training facilities abroad.

(2)  No employee shall, except with the previous permission in writing of the Chairman, seek or take up training in any other organization within the country and abroad.

156.     Delegation of power.—The Chairman may, by general or special order, delegate to any officer or authority to him all or any of his powers under these Regulations and may, by such order, prescribe the channel through which reports shall be made to the Chairman and the officers receipt by whom of such reports shall be regarded as receipts of the report by the Chairman within the meaning of these Regulations,

157.     Regulations not in derogation of any Law.—Nothing in these Regulations shall derogate from the provisions of any law, or of any order of the Board or of any competent authority, for the time being in force, relating to the conduct of employees.

PART-XIX
DISCIPLINE

158.     Competent authority to initiate cases related to Disciplinary Action:[67]

S.No.

Description of employees

Competent Authority

(a)

Employees in PS 7 to 10.

Chairman

(b)

Employees in PS 4 to 6.

Executive Member

(c)

All subordinate staff PS 1 to 3 in wing in HQs[68]

Head of wing

(d)

All subordinate staff PS 1 to 3 in region

RGM concerned[69]

Provided that Chairman shall be competent authority to dispose of all disciplinary matters in respect of employees in PS-7 and above while Executive Member shall be the competent authority to dispose of all disciplinary matters in respect of employees in PS-1 to PS-6.[70]

159.     Authorized Officer.—The authorized officer shall be an officer authorized by the competent[71] authority to perform functions of an authorized officer under these Regulations.

160.     Grounds for Penalty—(1) Where an employee, in the opinion of the competent[72] authority is:—

(a)        inefficient or has ceased to be efficient; or

(b)        guilty of misconduct; or

(c)        corrupt, or may reasonably be considered corrupt because;

            (i)         he is in possession of pecuniary resources or of property disproportionate to his known sources of income for which he cannot reasonably account; or

            (ii)        has assumed a style of living beyond his ostensible means which he can not justify; or

            (iii)       has persistent reputation of being corrupt; or

            (iv)       is engaged, or is reasonably suspected of being engaged, in subversive activities, or is reasonably suspected of being associated with others engaged in subversive activities or is guilty of disclosure of official secrets to any unauthorized person, and his retention in service is, therefore, prejudicial to national security or security of the Authority.

(2)  The authority or the authorized officer, as the case may be, may impose on an employee, if found guilty of above one or more penalties in accordance with these Regulations.

Provided he shall be given the opportunity of being heard.

Explanation: For purposes of these Regulations, "misconduct" includes conduct prejudicial to good order or service discipline or contrary to these Regulations on conduct or unbecoming of an officer and a gentleman or any act on the part of an employee to bring or attempt to bring political or other outside influence directly or indirectly to bear on the Government or on the Authority or any officer of the Government or of the Authority in respect of any matter relating to the appointment, promotion, transfer, punishment, retirement or other conditions of service of an employee.

161.  Penalties.—(1) The following minor and major penalties, may be imposed on an employee guilty of misconduct:

(a)        Minor penalties:

            (i)         censure;

            (ii)        fine;

            (iii)       withholding, for a specific period, promotion or increment, otherwise than for unfitness for promotion or financial advancement in accordance with the Regulations or orders pertaining to the service, cadre or post;

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

(b)        Major penalties:

            (i)         reduction to a lower post or time scale, or to a lower stage in a time-scale; or

            (ii)        compulsory retirement from service; or

            (iii)       removal from service.

(2)        All orders imposing a penalty shall be effective from the date they are issued except in the case of withholding of increment for a specified period which shall be effective from the date of accrual of the next increment following the issue of the order imposing the said penalty.

(3)        In these Regulations, compulsory retirement, removal from service does not include the discharge of a person;

(a)        appointed on probation, during the period of probation or in accordance with the probation or training and Rules applicable to him;

(b)        appointed to hold a temporary appointment otherwise than under a contract, on the expiry of the period of such appointment; or

(c)        engaged under a contract in accordance with the terms of the contract.

162.     When an employee be sent on Leave or Suspended.—In case where an employee is accused of subversion, corruption or misconduct, the authorised officer may require him to proceed on leave or, with the approval of the competent authority suspend him, provided that any continuation of such leave or suspension shall require approval of the competent authority after every three months.

Provided that any extension in leave or suspension and extension beyond three months shall be made only on the basis of cogent reasons to be recorded in writing.

Provided further that the period of such leave or suspension shall not exceed for a continuous period of one year.

163.     Procedure for disciplinary action.—(1) The authorised officer shall decide whether in the light of facts of the case or the interests of justice an inquiry should be conducted through an inquiry officer or inquiry Committee.

(2)        If the authorized officer decides that it is not necessary to have an inquiry conducted through an inquiry officer or inquiry Committee, he shall:

(a)        by order in writing, inform the accused of the action proposed to be taken in regard to him and the grounds of the action; and

(b)        give him a reasonable opportunity of showing cause against that action.

(3)        In case the Authorized Officer decides to hold an inquiry through an inquiry officer/inquiry committee, formal orders regarding the appointment of inquiry officer/inquiry committee have to be issued by the Authorized officer.[73]

(4)        On receipt of the report of the inquiry officer or inquiry committee or, where no such officer or Committee is appointed, on receipt of the explanation of the accused, if any, the authorised officer shall determine whether or not the charge(s) have been proved.

(5)        If the charge or charges have not been proved, the authorized officer shall exonerate the accused.

(6)        In a case, where an inquiry was held and the authorised officer has determined that the charge or charges, as the case may be, have been proved, he shall arrive at a provisional conclusion as to the penalty to be imposed, inform the accused of the action proposed to be taken against him, supply a copy of the inquiry report to him and ask him to show cause within a specified time, which may not ordinarily be less than seven days or more than fourteen days, why the particular penalty should not be imposed on him.

Provided that at this stage the authorised officer shall give a personal hearing to the accused if he has asked to be heard in person.

Provided further that the authorised officer, or the competent authority shall take any cause shown by the accused into consideration before final orders are passed.

(7)        If the charge(s) have been proved and it is proposed to impose a minor penalty the authorised officer shall pass orders accordingly.

(8)        If the charge or charges have been proved and it is proposed to impose a major penalty, the authorised officer shall forward the case to the competent authority[74] alongwith the charge and statement of allegations served on the accused, the explanation of the accused, the findings of the inquiry officer or inquiry committee, if appointed and his own recommendations regarding the penalty to be imposed.

Provided that the competent authority shall pass such orders as it may deem proper.

Provided further that the competent authority or the authorised officer as the case may be shall record reasons for imposing the penalty in its order.

164. Inquiry procedure.—(1) Where the authorised officer decides that an inquiry may be conducted, he shall appoint an inquiry officer or, as the case may be, an inquiry committee.

(2)  The inquiry officer shall ordinarily be senior in rank to the accused.

(3)        The inquiry committee may ordinarily consist of at least those officers senior in rank to the accused.

(4)        An inquiry officer or members of an inquiry committee may normally belong to the Authority but civil servants nominated by the Establishment Division on request may also be appointed as inquiry officer or members of an inquiry committee.

(5)        Where an inquiry officer or an inquiry committee is appointed:--

(a)        the authorised officer shall frame a charge and communicate it to the accused together with a statement of the allegations explaining the charge and of any other relevant circumstances which are proposed to be taken into consideration;

(b)        the authorised officer shall require the accused within a reasonable time, which shall not be less than seven days or more than fourteen days from the day the charge has been communicated to him, to put in a written defense and submit it to the inquiry officer or the inquiry committee, as the case may be, and to state at the same time whether he desires to be heard in person;

(c)        the inquiry officer or the committee, as the case may be, shall enquire into the charge and may examine such oral or documentary evidence in support of the charge or in defense of the accused as may be considered necessary and the accused shall be entitled to cross- examine the witnesses against him;

(d)       the inquiry officer or the committee, as the case may be, shall hear the case from day to day 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 authorized officer. Normally no adjournment shall be for more than a week;

(e)        where the inquiry officer or the Committee, as the case may be, is satisfied that the accused is hampering, or attempting to hamper, the progress of the enquiry, he or it shall administer a warning and if thereafter he or it is satisfied that the accused is acting in disregard of the warning, he or it shall record a finding to that effect and proceed to complete the enquiry in such manner as he or it thinks best suited to do substantial justice; and

(f)        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 authorised officer, submit his or its findings and the grounds thereof to the authorised officer.

165.     Revision.—The competent authority may call for the record of any case pending before the authorised officer and pass such order in relation there to as it may deem fit.

166.     Powers of Inquiry Officer and Inquiry Committee.—For the purpose of an inquiry under these Regulations, the inquiry officer and the inquiry committee shall have the powers of;

(a)        summoning and enforcing the attendance of any person and examining him on oath;

(b)        requiring the discovery and production of documents;

(c)        receiving evidence on affidavits; and

(d)       issuing commission for the examination of witnesses or documents.

167.     Regulations shall not apply in certain cases.—Nothing in Regulations 165 shall apply to cases: Where the accused is compulsorily retired, removed from service or is reduced in rank on the ground of conduct which has led to a sentence of imprisonment.

168.     When an employee required to proceed on Leave shall rejoin duty.—If an employee who has proceeded on leave in pursuance of an order under these Regulations is not removed or compulsorily retired from service or is not reduced to a lower post or time-scale, he shall be required to rejoin duty under the order of the authorised officer or, as the case may be, the competent authority who passes final orders on the case. The period of such leave shall be treated as duty on full pay.

169.     Procedure of Inquiry against employees Lent to Federal Government or Provincial Government or any other Organization.—(1) Where the services of an employee to whom these Regulations apply are lent to the Federal Government or to a Provincial Government or to any other institution or organization under these Regulations the borrowing authority shall have the powers of the Authority for the purpose of placing him under suspension or requiring him to proceed on leave and of initiating proceedings against him under these Regulations:

Provided that the borrowing authority shall forthwith inform the lending authority of the circumstances leading to the orders of his suspension or the commencement of the proceedings.

Provided further that the borrowing authority shall obtain prior approval of the Chairman before taking any action under these Regulations against an employee in PS-7 and above.

(2)  If, in the light of the findings in the proceedings taken against the employee in terms of sub-Rule (1), the borrowing authority is of the opinion that any penalty should be imposed on him, it shall transmit to the lending authority the record of the proceedings and thereupon the lending authority shall take further action under these Regulations.

170.     Committal to prison.—An employee committed to prison either for debt or on a criminal charge shall be considered as under suspension from the date of his arrest and not allowed to draw any pay for the period of suspension until the termination of the proceedings against him.

Provided that an adjustment of his pay and allowances shall be made according to the circumstances of the case, the full amount being given only in the event of the employee being acquitted of the blame or if the imprisonment was for debt, on its being proved that the employee's liability arose from circumstances beyond his control.

171.     Pendency of a Criminal Charge.—(1) An employee who has been charged for a criminal offence or debt and is committed to prison shall be considered as under suspension from the date of his arrest.

(2)  In case such an employee is not arrested or is released on bail, the competent authority may suspend him, by specific order, if the charge against him is connected with his position as an employee or is likely to embarrass him in the discharge of his duties or involves moral turpitude.

172.     Right to Appeal or Represent.—(1) Where a right to prefer an appeal or apply for review in respect of any order relating to terms and conditions of service is provided to an employee under these Regulations, such an appeal or application for review shall, except as may be otherwise prescribed, be made within forty five days of the date of communication to him of such order.

(2)  Where no provision for appeal or review exists in these Regulations, an employee aggrieved by any order may, within forty five days of the communication to him of such order, make a representation to the authority next above the authority which made the order:

Provided that no representation shall lie on matters relating to the determination of fitness of a person to hold a particular post or to be promoted to a higher post or to a higher pay scale.

173.     Appeal Against an Order imposing a Penalty and Appellate Authority.—(1) Every employee shall be entitled to appeal to the appellate authority against an order passed by an authority or by an authorised officer imposing upon him one or more penalties.

(2)  The appellate authority for purposes of sub-Rule (1) of this Rule shall be the authority next above the competent authority specified for the purposes of decision making in these Regulations.

174.     Appeal against an Order other than an order imposing a Penalty and Appellate Authority.—(1) An employee shall be entitled to appeal to the appellate authority against an order passed by an authority which:--

(a)        alters to his disadvantage, his conditions of service, pay, allowances or pension / gratuity; or

(b)        interprets to his disadvantage the provisions of any Rule whereby his conditions of service, pay, allowances or pension / gratuity are regulated; or

(c)        reduces or withholds the maximum pension / gratuity admissible to him under the Regulations governing pension; or

(d)       terminates his employment or gives notice of such termination other-wise than;

            (i)         on his reaching the age of superannuation; or

            (ii)        in accordance with the provisions of these Regulations.

(2)  The appellate authority for purposes of sub-Rule (1) shall be the authority next above the authority competent to make appointment to the post held by the employee concerned.

175.     Procedure for submission and contents of Appeal.—(1) Every person preferring an appeal shall do so separately and in his own name.

(2)        The appeal shall be accompanied by a copy of the order against which it is preferred.

(3)        Every appeal shall contain all material statements and arguments relied upon by the appellant, shall contain no disrespectful or improper language, shall be complete in itself, and end with a specific prayer. However an advance copy may be submitted to the Appellant Authority directly.

(4)        Every appeal shall be submitted through the head of office to which the appellant belongs or belonged and through the authority from whose order the appeal is preferred. However, an advance copy may be submitted to the appellate authority.

(5)        Every appeal shall be submitted within a period of forty five days of the communication of the order appealed against.

176.     Order on Appeal.—(1) In the case of an appeal under Regulation 173/174 the appellate authority shall consider;

(a)        Whether the facts on which the order appealed against was based have been established;

(b)        Whether the facts established afford sufficient ground for taking action; and after consideration shall confirm, set aside or modify the previous order; and

(c)        Whether the penalty is excessive, adequate, or inadequate; and after such consideration shall confirm, set aside or modify the previous order.

(2)  In the case of an appeal under Rule 173 / 174, the appellate authority shall pass such order as, having regard to all circumstances of the case, appears to it just and equitable after giving an opportunity of hearing to the appellant.

177.     Authority to give effect to an Order on Appeal.—The authority against whose order an appeal is preferred under these Regulations shall give effect to any order made by the appellate authority.

178.     Withholding of Appeal.—(1) An appeal may be withheld by an authority not lower than the authority against whose order is preferred if:

(a)        it is an appeal in a case in which no appeal lies under these Regulations; or

(b)        it does not comply with the provisions of Regulation 175; or

(c)        it is not preferred within the time specified in sub-Regulation (5) of Regulation 175 and no reasonable cause is shown for the delay; or

(d)       it is addressed to an authority to which no appeal lies under these Regulations; or

(e)        it is a repetition of a previous appeal and is made to the same appellate authority by which such appeal has been decided, and no new facts or circumstances are adduced which afford grounds for a reconsideration of the case:

Provided that in every case in which an appeal is withheld, the appellant shall be informed of withholding of the appeal and of the reasons for withholding it.

(2)        An appeal withheld on account only of failure to comply with the provisions of sub-Regulations (1), (2), (3) or (4) of Regulation 175 or clause (d) above may be resubmitted within one month of the date on which the appellant is informed of the withholding of the appeal and if resubmitted in a form which complies with these provisions or is addressed to the proper appellate authority, as the case may be, it shall not be withheld.

(3)        No appeal shall lie against the withholding of an appeal by an authority competent to do so.

179.  Transmission of Appeal.—(1) Every appeal which is not withheld shall be forwarded to the appellate authority with an expression of opinion by the authority from whose order the appeal is preferred.

(2)        A list of appeals withheld under Regulation 178 with reasons for withholding them shall be forwarded quarterly in each calendar year by the with-holding authority to the appellate authority.

(3) An appellate authority may call for any appeal admissible under these Regulations, which has been withheld by a subordinate authority and may pass such orders thereon as it considers fit.

180.     Regulations to apply to Review Applications/ Representations.—(1) The provisions of Regulations 175 to 179 shall also apply mutatis mutandis to an application for review made to the competent / appellate authority. The competent / appellate authority may either consider the application for review on merit or, at its discretion, take action as laid down in Regulation.

(2)  The provision of sub-Regulation (2) of Regulation 179 shall apply mutatis mutandis to a representation.

181.     Appeals against Orders passed before the Date of Commencement of these Regulations and the Appeals, Review Applications or Representations pending on that Date.—(1) Nothing in these Regulations shall operate to deprive any person of any right of appeal, review or representation which he would have had if these Regulations had not been made, in respect of any order passed before they came into force.

(2)  All appeals, applications for review and representations shall be deemed to be appeals or applications for review, or representations, as the case may be, under these Regulations.

PART-XX
RELAXATION, AMENDMENT, INTERPRETATION

182.     Relaxation.—Notwithstanding anything contained in these Regulations in relation to terms and conditions of service of the employee, the Authority may, if it is satisfied, for reasons to be recorded in writing, that strict application of any Regulation causes undue hardship in any case, by order relax the requirement of such Regulation to such extent and subject to such conditions as it may deem fit, for ensuring just and equitable treatment to the person concerned while protecting, to the maximum extent possible, the rights of other employees who may be affected by such order.

183.     Amendment.—The Authority may amend, cancel or add to any or all of the provisions of these Regulations.

184.  Interpretation.—The power of interpreting these Regulations is reserved with the Authority.

PART-XXI
GRATUITY

185.  Gratuity.—(1) An employee on retirement from service (a) at the age of superannuation or (b) leaving the job or (c) at an earlier age allowed by the Authority shall be entitled to receive such gratuity, alongwith profit/markup earned on it, as is prescribed in these Regulations.

(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 removed from service for reasons of misconduct. However if the Appellate Authority on appeal set aside the order of removal, the employee's service prior to his removal from service shall count towards gratuity.

(4)        Unless it is otherwise provided, the service of an employee shall commence to qualify for gratuity from the date of his joining the post to which he is initially appointed.

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

(a)        the period an employee remains in the service; and

(b)        the period of leave, other than extraordinary leave.

(6)        The period of an interruption in the service of an employee shall not be counted towards service qualifying for gratuity as;

(a)        period of suspension in cases leading to compulsory retirement, removal from service; and/or

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

(7)        An employee shall be entitled to the gratuity, at the rate of two times 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 six months gross salary or 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 year.

(8)        All the employees 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.

(9)        If an employee nominates more than one person under these Regulations 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.

(10)      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 these Regulations 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;

(c)        every nomination shall be made in the forms prescribed by the Authority or as may be appropriate in the circumstances of the case;

(d)       an employee may at any time cancel a nomination by sending a notice in writing to Human Resource wing provided that the employee shall, alongwith such notice, send a fresh nomination made in accordance with these Regulations;

(e)        immediately on the death of a nominee in respect of whom no special provision has been made in the nomination under sub-Regulations (10) (a) above or on the occurrence of any event by reason of which the nomination becomes so void by reason of sub-Regulations (10) (b) above, the employee shall send to the Human Resource Wing a notice in writing formally canceling the nomination together with a fresh nomination made in accordance with this Regulations;

(f)        every nomination made, and every notice of cancellation given by an employee under these Regulations shall be sent by the employee to the Human Resource Wing; and

(g)        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 Human Resource Wing mentioned in clause (f).

PART-XXII
PAY OF THE EMPLOYEES

186.  Pay of the Employees.—(1) The Pay Scales, allowances and perquisites shall be admissible to Regular employees and those appointed on contract basis against a particular post or as determined from time to time by the Authority.

(2)  Subject to any exceptions specifically made in these regulations an employee shall begin to draw the pay and allowances of his post w.e.f. the date on which he assumes the duties of that post and shall cease to draw them as soon as he ceases to discharge those duties.

(3)  When a person is appointed to a post by initial appointment on regular or contract basis against a regular post his pay will be fixed at the minimum of the time scale in accordance with the provisions of these rules/regulations. However, the competent authority[75] may grant advance increments maximum of three[76] to those employees who have possessed[77] qualification higher than the qualification prescribed in the recruitment regulations or long relevant experience at the time of initial appointment.

(4)  When a person is appointed by promotion to a higher post, his pay in the higher scale will be fixed at that stage of the time scale which is equal to or immediately above his pay in the present scale and one promotional increment in the higher pay scale will be granted.


(5)  The pay of a person appointed to a post on contract basis including retired Government servants shall be fixed in accordance with terms of his contract.

(6)  The employees on deputation shall draw the pay according to their LPC and other allowances at the rate prescribed in his / her LPC. In addition, PBMRA would pay deputation allowance to the employee at the rate of 20% of the basic pay subject to a maximum of Rs. 6,000/- per month or as admissible under the Government from time to time and pension contribution etc. [78]

(7)        The employees may be granted one year advance house rent allowance.[79]

(8)        Other perquisites and fringe benefits like official vehicles, medical facility (Hospitalization), TA/DA, current/ additional charge allowance, and advances etc., shall be governed under the relevant Regulations and welfare schemes.

(9)        The employee Contributory Provident Fund (CPF) shall be applicable as per CPF scheme of the Authority. Employee shall be entitled to pension / gratuity plus CPF scheme of the Authority.

(10)  Employees of the authority shall be allowed to draw qualification pay under these regulations after accomplishing the criteria and at such rates as specified / approved by the Authority from time to time. [80]

See Annexures on Gazette of Pakistan at pages 3291 – 3308

-----------------------

REGULATION, 2011

PAKISTAN ELECTRONIC MEDIA REGULATORY AUTHORITY (DISTRIBUTION SERVICE OPERATIONS) REGULATIONS, 2011

[Gazette of Pakistan, Extraordinary, Part-II, 31st December, 2011]

S. R. O. 1162(I)/2011, dated 2.12.2011.—In exercise of the powers conferred by sub-section (3) of Section 4 read with all other enabling provisions of Pakistan Electronic Media Regulatory Authority Ordinance, 2002 (XIII to 2002), the Pakistan Electronic Media Regulatory Authority is pleased to make the following regulations, namely:-

1.         Short title and commencement.—(1) These regulations shall be called Pakistan Electronic Media Regulatory Authority (Distribution Service Operations) Regulations, 2011.

(2)  The shall come into force at once.

PART-I

2.         Definitions.—(1) Terms and expressions used in these regulations shall have, unless it appears repugnant to the context or provided otherwise, following meaning:

(a)        "application form" means the application form specified by the Authority for applying for grant of a licence;

(b)        "Authority" means the Pakistan Electronic Media Regulatory Authority (PEMRA) established under Section 3 of the Ordinance;

(c)        "authorised officer" means the Chairman, Regional General Manager, officer in-charge of the respective region or any other officer authorized by the Chairman or the Authority for carrying out the purpose of these regulations;

(d)       "basic service" means the TV channels of national broadcasters, non-commercial educational and health related TV channels licensed by the Authority and such other free to air television channels as determined by the Authority to be distributed by a distribution service licensee to its subscribers against a fixed minimum monthly subscription fee;

(e)        "cable television operator" means any person who owns, controls, manages or runs any cable television system;

(f)        "Chairman" means the Chairman of the Authority;

(g)        "Chairperson" means the head of a Council of Complaint;

(h)        "code" means the Code of Conduct for electronic media prescribed by the Authority;

(i)         "compulsory channels" means the television channels of national broadcasters;

(j)         "Council" means the Council of Complaints established under the Ordinance;

(k)        "decoder" means a device which is used for decoding the television signals which can be or is connected to a television receiver and which allows subscribers to television signals;

(l)         "Set-Top-Box" means a device used for receiving and decoding television signals;

(m)       "DTH" means Direct to Home distribution of audio-visual signals received via satellite to small dish antennas across the footprint of the satellite to subscribers.

(n)        "distribution service" means a service which receives broadcast and pre-recorded signals from different TV and radio channels and distributes them to subscribers through cable, wireless, satellite options and Mobile networks and includes Cable TV, LMDS, MMDS, DTH, IPTV, Mobile TV and such other similar technologies;

(o)        "distribution service operator" means any person engaged in the business of distribution service through any technology allowed by the Authority;

(p)        "eligible channel" means a TV channel licensed by the Authority to be eligible for reception and distribution in the country;

(q)        "foreign company” means a company or body corporate organized, and registered under the laws of a foreign government;

(r)        "foreign content" means the content that is produced under the, direct or indirect, creative control of foreigners, foreign companies foreign broadcasters;

(s)        "foreign broadcasting service" means a broadcasting service which is uplinked from outside Pakistan and is received or down-linked in Pakistan;

(t)        "free to air broadcasting service" means a broadcasting service made available to the public without subscription fee;

(u)        "Internet TV" means provision of television and radio channels through a uniform resource locator;

(v)        "licence" means a licence issued by the Authority to establish and operate a broadcast media or distribution service;

(w)       "licensee" means a person lo whom the Authority has issued a licence;

(x)        "Ordinance" means the Pakistan Electronic Media Regulatory Authority Ordinance, 2002 as amended from time to time;

(y)        "pay TV channel" means a TV channel for which fee is to be paid to the broadcaster or its authorized distributor for its reception;

(z)        "regulations" means the regulations made under the Ordinance;

(aa)      "rules" means the rules made under the Ordinance;

(bb)      "subscriber's equipment" means equipment installed at subscriber premises for receiving the television or radio service;

(2)  Words and phrases used but not defined in these regulations, unless the context otherwise requires, shall have the meanings assigned to them in the Ordinance, and the rules made thereunder.

PART II
LICENSING CRITERIA

3.         Licence to operate.—(1) No person shall establish or operate a distribution service except after obtaining a licence from the Authority.

(2)  Every licence shall be subject to such terms and conditions as given in the Ordinance, the rules, these regulations or as otherwise provided by the Authority.

4.  Particulars of application for grant of a licence to operate distribution service station.—(1) The application for grant of a licence to operate a distribution service network shall be made on the Application Form specified by the Authority for this purpose.

(2)        In relevant, cases, the applicant shall indicate the desired category of licence from amongst the categories specified by the Authority:

Provided that the Authority may determine appropriate category of the licence depending on the area of operation, number of subscribers and keeping in view other relevant factors.

(3)  Every application for grant of licence shall be accompanied by such non-refundable application processing fee as determined by the Authority.

5. Criteria for evaluating licence application.—(1) Applications for the grant of a licence shall, in the first instance, be short listed in accordance with the prescribed criteria.

(2)        The applicant who is, directly or indirectly, holding a licence issued by the Authority shall not be issued any further licence unless all outstanding dues in respect of all the licences held by such applicant, directly or indirectly, have been paid and a satisfactory report has been obtained regarding compliance with the relevant laws from concerned wings of the Authority:

Provided that a maximum number of distribution service licences that may be issued, to a person or any of its directors or partners where such person is a company or firm, directly or indirectly, shall not exceed a total of four distribution service licences:

Provided further that except in the case of landing rights permission, a person shall not be granted more than one distribution service licence in the same area of operation.

(3)        The applicant shall certify that it is not a defaulter of the Authority, any financial institution, Federal Board of Revenue or any other organization/entity owned or operated by the government.

(4)        The applicant shall be registered with the relevant tax authorities for, inter alia, sales tax and income tax.

(5)        A licensee who owns, controls, operates or manages directly or indirectly broadcast media or landing rights permission shall not be granted any other distribution service licence and vice versa.

6.         Issuance of licence.—(1) The Authority shall process each application and on being satisfied that the applicant(s) fulfils the eligibility criteria may, on receipt of the applicable licence fee and prescribed security deposit, issue licence to the applicant(s):

Provided that security deposit shall be refundable after one year of satisfactory performance by the licensee and may be forfeited where the licensee has either failed to commence its operation within given time or show satisfactory performance for one continuous year:

Provided further that if at any time it is found that the licensee had provided false or misleading information/certificate for issuance of the licence, the licence shall be withdrawn.

(2)  The Authority, if satisfied that the applicant is not eligible for grant of licence or the issuance of licence to a particular person is not in the public interest, may refuse grant of licence to such person by recording reasons in writing.

7.         Fees and security deposits.—(1) The licence and annual renewal fees payable pursuant to these regulations shall be as determined by the Authority from time to time.

(2)  A surcharge at the rate of ten percent per month, upto a maximum of thirty percent, for late payment of annual fee or licence renewal fee, as the case may be, shall be payable:

Provided that and without prejudice to the power of the Authority to revoke a licence, if a licensee fails to pay the outstanding dues including surcharge after expiry of three months from the due date, the licence shall stand suspended and equipment shall be seized by the authorized officer. However, the equipment may be returned on payment of outstanding dues and such fine as the Authority may determine.

8.         General Licence terms & conditions.—(1) The licensee shall operate only within the area of operation as specified in the licence.

(2)  A licensee shall maintain a record and register of the channels distributed by it for a period not less than ninety days.

(3)        A licensee shall not relay any In-house channel unless specific permission has been obtained from the Authority after fulfillment of prescribed criteria, payment of applicable tee and other dues.

(4)        A licensee shall maintain a complete record of programmes and advertisements aired on its In-House channels for a period not less than ninety days and provide the same to the Authority whenever so required.

(5)        A licence shall be withdrawn, if the licensee fails to put into operation the distribution service station within a period of one year or as specified in its licence.

(6)        A. licensee shall not change the location of its head-end, business address, data center, transmitter location, complaint center, earth station etc. as the case may be, without prior which permission of the Authority.

(7)        A licensee shall club channels of similar category/genre together in order to ensure that searching of relevant channels by the subscribers is facilitated.

(8)        A licensee shall include compulsory channels in the basic service.

(9)        Except in the case of Force Majeure, a licensee shall not change the position of any channel being distributed by it unless a forty eight hour prior notice has been given to its subscribers.

(10)      A licensee shall not provide its signal to any other person for distribution unless prior approval of the Authority has been obtained and such person holds a valid distribution service licence from the Authority:

Provided that the signal shall only be distributed within the area of operation of the licensee.

(11)  A distribution service licensee and licensed TV channel may enter into distribution service agreement with each other and provide a copy of the same to the Authority whenever so required.

(12)  A licensee shall comply with the local laws of Pakistan and shall not enter into any foreign or local agreement that is in violation of the Ordinance, and the rules and regulations made thereunder.

9.  Renewal of Licence.—(1) The licence shall be valid for such period as specified in the licence subject to payment of annual fee and compliance with the relevant laws and may be renewed for a similar term subject to following:

(i)         fulfillment of eligibility criteria and other conditions as provided in the Ordinance, rules, these regulations or otherwise;

(ii)        satisfactory past performance;

(iii)       proof of registration with tax authorities for income tax and sales tax;

(iv)       the applicant must not be a defaulter of any financial institution, Federal Board of Revenue or any organization/entity owned or operated by the Government of Pakistan;

(v)        payment of renewal fee as applicable at the time of renewal; and

(vi)       payment of outstanding dues in respect of all licences that are held by the applicant, directly or indirectly:

                        Provided that in the case of renewal of licence of Cable TV in category B-3 and above, the applicant (if already not a company) shall also form a company under the same management and a minimum paid-up capital of three million rupees whose object clause shall allow entry in the business of cable TV and subject to the above, the licence shall be renewed in the name of the company.

(2)  The licensee shall apply for renewal of its licence at least six months prior to expiry of the licence.

10.       Subscription rates.—(1) A licensee shall not charge subscription fee at a rate higher than the maximum fee determined by the Authority from time to time.

(2)  A licensee shall not discriminate against any subscriber in offering service and setting charges.

11.       Voice or data services over distribution service network.—A distribution service licensee shall not offer voice or data services over its network unless prior licence from Pakistan Telecommunication Authority under the relevant laws has been obtained:

Provided that the licensee shall ensure that the quality of service is not compromised or deteriorated.

12.       In-House channel permission conditions.—(1) Each distribution service licensee having In-House channel permission shall abide by the terms and conditions of the permission.

(2)  During a regular programme a continuous break for advertising shall not exceed three minutes and duration between two such successive breaks shall not be less than fifteen minutes:

Provided that during the transmission of any given one hour, the total duration of advertisements shall not exceed a maximum of twelve minutes.

13.       Copyrights.—(1) A licensee shall be responsible for ensuring that copyright obligations with respect to the programmes or channels being relayed over the system are fulfilled.

(2)  Neither the Authority nor any employee of the Authority shall be liable for any offence, damage or other injury which anyone may suffer because of the negligence or violation of any law or code of conduct by the licensee or ensuing from any other source.

14.       Dispute settlement—(1) In case a broadcast media licensee believes that a distribution service licensee has failed to meet its obligations or vice versa, such licensee shall notify the other licensee, in writing, of the claimed failure and reasons in support of its claim.

(2)        The licensee, on receipt of notification under clause (1), shall respond immediately but not later than five days, in writing, and either commence to comply with its obligations or state its reasons for believing that it is already in compliance with its obligations.

(3)        In case a complainant does not receive a reply under clause (2) within five days or is not satisfied with the response, such complainant may complain, in writing, to the concerned regional officer of the Authority.

(4)        The concerned regional officer of the Authority, upon receipt of complaint shall place the same before the Council of Complaints for appropriate recommendation to the Authority.

(5)        The Authority, on receipt of recommendation of the Council, may pass such orders as deemed appropriate.

PART III
CONSUMER PROTECTION

15.       Procedure for distribution service connection.—(1) Any person desirous of obtaining a service connection may apply to the licensee, operating in his area, who shall provide the connection for the service to the applicant within three working days subject to payment of installation charges and subscription tee:

Provided that installation charges and subscription fee shall not exceed maximum limit determined by the Authority.

(2)        In the case of digital service, such licensee may also require payment for provision of relevant equipment, not exceeding the maximum limit determined by the Authority.

(3)        A distribution service licensee shall maintain record of its subscribers that shall include name, addresses and contact number and provide the same to the Authority whenever so required.

16.       Complaint handling.—(1) Distribution service licensee shall establish appropriate number of help/complaint desks within its area of operation and communicate its address and telephone numbers to the subscribers and concerned regional office of the Authority. The help/complaint desk shall be operational round the clock.

(2)        A complaint received from a subscriber shall be redressed by the licensee immediately but not later than twenty four hours from the receipt of the complaint

(3)        Where a complaint has not been redressed within time mentioned above, a subscriber may complain to the concerned regional office of the Authority for any violation including defect in quality of service, overcharging, disconnection suspension of service without one month prior notice, excessive advertisements or any other violation of relevant laws or the code of conduct.

(4)  Authorized officer may issue show cause notice to the licensee in order to investigate such complaint and may also summon the licensee to explain his position and thereafter pass such orders as deemed appropriate:

Provided that if violation of any provisions of the Ordinance, rules & regulations is proved, the an authorized officer may also impose fine net exceeding a maximum of one hundred thousand rupees for each violation of relevant laws after hearing the parties:

Provided further that where violation is of severe nature requiring imposition of greater penalty, the case shall be referred to the Chairman by the Council or the authorized officer, as the case may be, along with appropriate recommendation.

17.       Billing Procedure.—(1) Subject to these regulations, distribution service licensee shall provide its subscriber the bill for the charges due and payable by such subscriber for each month, of for such other period as agreed with the subscriber.

(2)        Every bill, as referred to in sub-regulation (1), shall indicate the telephone numbers of the help desk of the licensee and contain such other necessary detail including breakup of charges and services being provided.

(3)        A subscriber shall be liable to pay such charges within ten working days from the date of receipt of bill.

(4)        In the event, any discrepancy has been found in the bill, the same shall be brought to the notice of the licensee within five days from the receipt of bill.

(5)        The licensee shall clarify or rectify the discrepancy reported by the subscriber within five working days.

18.       Disconnection of Service.—(1) A distribution service, licensee shall not disconnect its service to a subscriber except in following circumstances:

(i)         A specific request in writing has been made by the subscriber in this regard; or

(ii)        Subscriber had defaulted in payment of his dues for which one month prior notice was served to the subscriber:

                        Provided that a connection shall immediately be restored by the distribution service licensee on payment of outstanding dues by the subscriber.

19.       Transfer of Connection.—(1) A subscriber may apply to the distribution service licensee for transfer of his connection to another premises within the licenced area of operation of the licensee.

(2)  A distribution service licensee shall transfer such connection within three days on receipt of applicable charges.

PART - IV
INSPECTION AND OPERATIONS

20.       Inspection and Operation.—(1) An authorized officer or his nominee may physically inspect a distribution service station at any time and if any violation of the Ordinance, rules, regulations or licence terms and conditions is found, shall direct the operator to rectify the same within such time as may be reasonable for this purpose and may also seize the equipment being used in such violation.

(2)        Where a licensee has been found involved in violation of the relevant laws, the regional officer incharge may, after hearing the licensee, impose a fine not exceeding one hundred thousand rupees:

Provided that where the officer is of the view that the violation is of severe nature, he may forward the case to the Council of Complaints or the Chairman through proper channel, along with appropriate recommendation.

(3)        A licensee shall be served a prior show cause notice for violation before seizure of equipment and equipment so seized may be returned after deposit of such fine as may be imposed:

Provided that the equipment seized for being used for illegal operation or without having a valid licence shall be confiscated.

(4)        The authorized officer shall have the following powers:

(i)         to exercise the powers regarding inspection, search and seizure conferred under Section 29 of the Ordinance;

(ii)        to request the officers of Federal Government, Provincial Governments and Local Governments including the Capital Territory Police and the Provincial Police for their assistance in discharge of its functions under the provisions of the Ordinance, and the rules and regulations made thereunder;

(iii)       to file and defend Court cases and sign plaints, replies, comments including a criminal complaint under Section 34 of the Ordinance, for any violation of provisions of the Ordinance; and

(iv)       to apply for issuance of warrants under Section 33B of the Ordinance.

21.       Distribution of TV channels.—A distribution service licensee shall distribute only those TV channels having valid licence from the Authority.

22.       Reports.—(1) Every distribution service licensee shall submit a report to the Authority containing the following information.—

(i)         the number of total subscribers;

(ii)        subscription rates being charged for all types of services;

(iii)       number of subscribers receiving service in basic service tier; and

(iv)       number of subscribers receiving service in particular categories; and

(v)        a complete record of complaints received and remedial actions taken.

(2)        Reports under sub-regulation (1) shall be submitted on quarterly basis or at such intervals as may be directed by the Authority.

PART - V
SERVICE QUALITY STANDARDS

23.       Quality of Service.—(1) The quality of signal shall be determined by transmission level, permissible attenuation level at receiving end, signal to noise ratio, modulation, frequency drift, and voltage levels, picture and sound quality etc,

(2)        In case improper installation of cable or other equipment is detected, the operator shall correct the same immediately but not later than seventy two hours of detection of the same.

(3)        A licensee shall facilitate the authorized officer of the Authority, or as the case may be, the Council, to visit its premises for the purpose of inspection.

24.       General standards for distribution.—The distribution service operator shall comply with the general and specific quality standards as determined or adopted by the Authority from time to time.

PART-VI
TYPE APPROVAL/NOC FOR IMPORT OF DESCRAMBLERS/DECODERS ETC.

25.       Distribution service de-scramblers and decoders.—(1) The decoders, descramblers. Set Top Box (STB) or other accessories of the distribution network or those necessary for reception of electronic media shall be imported only after obtaining NOC/type approval from the Authority and payment of applicable fee.

(2)        Any person desirous of importing decoders, Set top boxe, and other accessories shall apply to the Authority for permission on the application form specified for this purpose.

(3)        The decoders, Set Top Boxes etc. shall comply with the specifications given under the terms and conditions of the licence or as determined by the Authority from time to time.

(4)        The licensee shall not discriminate against any customer m sale of the equipment.

(5)        All relevant record is to be maintained by the importer/licensee in this regard.

26.       Decoder Tariff.—The licensee shall be allowed to charge from customers, such monthly subscription fee and cost of the decoder/STB, as specified by the Authority for decoders or set top boxes.

PART-VII
TRANSFER OF LICENCE, CHANGE IN MANAGEMENT, SHAREHOLDING, COMPETITION

27.       Licence to be non-transferable.—(1) A licensee, unless prior written permission of the Authority has been obtained, shall not.—

(a)        sell, transfer or assign any of the rights conferred by the licence;

(b)        transfer a majority of the shares in the firm (where licensee is a firm) or in the issued or paid up capital of the company (where licensee is a company);

(c)        transfer control of the company/firm to persons not being the original shareholders/partners of the company/ firm at the time of grant of licence;

(d)       merge or amalgamate with any other company/person/ firm;

                        Provided that transfer of a licence or change in management, shareholding or control of a licensee shall not be allowed before expiry of a minimum of half of the total validity period of the licence.

(2)  The Authority, where it is satisfied that proposed transaction is likely to serve public interest and shall not result in media ownership concentration or create a monopoly and proposed shareholders/directors fulfill the eligibility criteria, may allow the same subject to payment of such fee as determined by the Authority from lime to time.

28.       Fair Competition and exclusion of monopolies:—(1) No person shall be entitled to benefit of any monopoly or exclusivity and the Authority shall ensure that open and fair competition is facilitated and the Authority may issue determinations arid guidelines for this purpose from time to time for compliance by the licensees.

(2)  4 licensee shall not enter into any interconnect agreement with another licensee or otherwise divide the market into segments through mutual agreements or indulge in any unfair market practices.

29.  Up-gradation of a licence.—The Authority or the Chairman, as the case may be, on an application from the licensee, may up-grade the; licence to a higher category subject to following:--

(i)         satisfactory past performance of the licensee;

(ii)        payment of up-gradation fee and all other outstanding dues including In-House CD channels fee;

(iii)       technical capability of the licensee;

(iv)       conversion from analogue to digital technology including conditional access system as per road map given by the Authority; and

(v)        fulfillment of any other condition as may be prescribed from time to time:

            Provided that up-gradation of a licence shall not be allowed where the same is likely to result in circumvention of any provision of the Ordinanace, rule or regulations made thereunder.

30.  Repeal and savings.—(1) The Pakistan Electronic Media Regulatory Authority Cable TV (Operations) Regulations 2002 and Pakistan Electronic Media Regulatory Authority Cable TV, hereinafter referred to as the said regulations, are hereby repealed.

(2)  Notwithstanding anything contained in sub-regulation (1)—

(a)        any licence or permission granted or renewed under the said regulations which are not inconsistent with provisions of the Ordinance, the rules and regulations made thereunder shall be deemed to have been so granted or renewed under these regulations;

(b)        any fee, security deposit, fine and surcharge etc. chargeable under these regulations shall apply to such licence, permission or lease granted or renewed under the said regulations;

(c)        any application made for the grant of a licence and pending consideration under the said regulations, shall be deemed to have been so made and pending consideration under these regulations; and

(d)       the repeal shall not--

            (i)         affect the previous operation of the said regulations or anything duly done or suffered thereunder except as aforesaid; or

            (ii)        affect any obligation or liability acquired, accrued or incurred under the said regulations; or

            (iii)       affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the said regulations; or

            (iv)       affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid.

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RULES, 2011

GAS INFRASTRUCTURE DEVELOPMENT CESS RULES, 2011

[Gazette of Pakistan, Extraordinary, Part-II, 31st December, 2011]

S.R.O. 1152(I)/2011, dated 30.12.2011.—In exercise of the powers conferred by Section 6 of the Gas Infrastructure Development Cess Act, 2011 (XXI of 2011), the Federal Government is pleased to make the following rules, namely:—

1.         Short title and commencement.—(1) These rules shall be called the Gas Infrastructure Development Cess Rules, 2011.

(2)  They shall come into force at once.

2.         Monthly Statements.—Every company shall, in respect of each calendar month, submit to the Federal Government, before the close of the next following month, a statement showing the,—

(a)        quantity of natural gas sold to various categories of consumers; and

(b)        gas infrastructure development Cess accrued on the sale as per (a) above.

3.         Manner and time of payment.—Every company shall,—

(a)        deposit at the Government treasury the amount of gas infrastructure development cess payable by it in respect of the sales during the calendar month within one month of the close of that month or within seven days of the actual collection from consumers whichever is earlier, and

(b)        submit to the Federal Government, within seven days of such deposit, a statement showing the amount deposited, the number and date of the treasury challan through which the deposit was made and such other particulars, if any, as the Federal Government may specify.


4.         Annual return,—Every company shall, within three months of the close of each calendar year, submit to the Federal Government a consolidated annual return, certified by their auditors to be correct and true as per company's books, showing, in respect of each month of that year, the quantity of natural gas sold, the rates at which the development surcharge has been calculated and the amount of each surcharge paid.

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RULES, 2011

ISLAMABAD CAPITAL TERRITORY (CONSUMERS PROTECTION) RULES, 2011

[Gazette of Pakistan, Extraordinary, Part-II, 31st December, 2011]

S. R. O. 1157(I)/2011, dated 12.10.2011.—In exercise of the powers conferred by Section 12 of the Consumers Protection Act, 1995 (III of 1995), the Federal Government is pleased to make the following rules, namely:—

1.         Short title and commencement:—(1) These rules may be called the Islamabad Capital Territory (Consumers Protection) Rules, 2011.

(2)  They shall come into force at once.

2.         Definition:—(1) In these rules, unless the context otherwise requires,

(a)        "Act" means the Islamabad Capital Territory Consumers Protection Act, 1995 (III of 1995):

(b)        "person" means any natural or artificial person;

(c)        "chairman" means a chairman of the Council:

(d)       "convener" means the convener of an ACA to be nominated by the IC A under Rule 7:

(e)        "Islamabad Consumers Association" or "ICA" means the Islamabad Consumers Association constituted for the Islamabad Capital Territory under Rule 4;

(f)        "Area Consumers Association" or "ACA" means an Area Consumers Association constituted for any specified area or sector of Islamabad under Rule 7;

(g)        "respondent" means a person against whom a complaint has been filed;

(h)        "rule" means rule of these rules;

(i)         "damage" means any damage caused by any product or service including damage to the product itself or economic loss arising from a deficiency in or loss of use of the product or the service;

(j)         "manufacturer" includes a person who--

            (i)         is in the business of manufacturing a product for the purpose of trade or commerce;

            (ii)        labels a product as his own or who otherwise presents himself as manufacturer of the product;

            (iii)       as a seller exercises control over the design, construction or quality of a product;

            (iv)       assembles a product by incorporating into his product any component or part manufactured by another manufacturer;

            (v)        is a seller of a product of a foreign manufacturer, or is affiliated with the foreign manufacturer by way of partial or complete ownership or control; or

            (vi)       modifies or prepares the product for sale or distribution and assumes or administers warranty obligations of the product;

(k)        "manufacturing a product" means and includes producing, fabricating, constructing, designing, remanufacturing, reconditioning or refurbishing a product.

(l)         "product" has the same meaning as assigned to the word "goods" in the Sale of Goods Act, 1930 (III of 1930).

(m)       Islamabad Consumer Association or "ICA" means the Islamabad Consumer Association set up under Rule 4;

(n)        Area Consumer Association or "ACA" means an Area Consumer Association set up under Rule 7;

(o)        "Provincial Government" means the Chief Commissioner, Islamabad Capital Territory, specified in the Islamabad Capital Territory (Administration) Order, 1980 (PO 18 of 1980) and invested, vide Notification No. 17(2)/80-Pub, dated the 31st December, 1980, with the powers and duties conferred or imposed on the Provincial Government under any law for the time being in force in the Islamabad Capital Territory;

(2)        Words and expressions used in these rules and not defined shall have the meanings respectively assigned to them in the Act.

3.  Procedure of the Council:—(1) The chairman of the council shall be sanctioning authority of all activities of the council.

(2)        The council shall elect one of its members to be its secretary who shall be responsible for running its affairs.

(3)        The Secretary shall call meeting of the council after seeking approval from the chairman.

(4)        The secretary shall maintain and put up all complaints and other record received during the period, for discussion and disposal, on a format as the Provincial Government may specify.

(5)        The secretary shall convey the agenda and working paper to all members of the council, at least a week prior to the meeting of the council.

(6)        The secretary shall circulate minutes of the meeting to all members after seeking approval from the chairman.

(7)        The council may require the ICA to brief the council about the details of any complaint, before referring it to the Authority.

(8)        The decision in meeting of the council shall be taken by simple majority of the members present and in case of tie, the chairman shall have the powers to decide the issue either way in accordance with the law.

(9)        The secretary shall be assisted by an authorized officer and such staff as may be provided by the Provincial Government. He shall maintain record of all complaints received by the council and working thereto, coordinate with the council, ICA and the ACA(s) and represent the council before the Authority.

(10)      There shall be a monthly meeting to be held on first working day of every forthcoming month.

(11)      The council shall hold its meeting at such place and with such facilities as the Government may specify.

Explanation: Only the complaints involving any issue of general public interest shall be referred to the council for action into the matter.

4.         Islamabad Consumer Association (ICA):—(1) The council shall constitute an ICA, comprising of:—

(a)        a prominent social worker to be chairman of the ICA;

(b)        a lady social worker of repute;

(c)        three representatives from the ACA's;

(d)       three representatives from the shop keepers, vendors and manufacturers;

(e)        a representative from the office of Chief Commissioner. ICI;

(f)        a representative from the health department, CDA;

(g)        a representative from the agriculture industries and labour directorate, ICT;

(h)        a representative from the health department, ICT;

(i)         an expert in accounts and fiscal policies;

(j)         a representative from food department, ICT; and

(k)        District Attorney, ICT,

(2)        The ICA may co-opt services of any other expert or any officer of the ICT for its assistance.

(3)        The ICA shall elect a secretary who shall conduct its business in accordance with the procedure prescribed in the Act, and these rules.

5.         Powers and functions of the ICA(1) In addition to the powers and functions entrusted to it by the council, the following shall be the powers and functions of the ICA, namely:—

(a)        to assist the council in devising the ways .and means to determine, promote and protect the rights of the consumers;

(b)        to scrutinize the complaints made to it by any complainant or any ACA before referring them to the council for onward submission to the Authority;

(c)        to take measures under the guidance of the council for ensuring smooth and regular supply of consumer items at the prices fixed by the Government;

(d)       to submit to the council quarterly or as directed by the council report of its activities, prepared by the secretary;

(e)        to adopt all ways and means, as approved by the council, to curb unfair trade practices and to carry out the purposes of the Act, and these rules;

(2)        The ICA may entrust its powers and functions, except those entrusted to it by the council, to any or all ACA (s) constituted under Rule 7;

(3)        All members, except ex-officio members of the ICA shall hold office for a period of one year unless removed by the council. This period shall be extendable for such terms as deemed appropriate by the council, provided that the extension shall be made on one term basis and nomination or removal of all ex-officio members shall be made by the Provincial Government.

Explanation: The complaints not falling within the ambit of explanation to the Rule 3 and Rule 7 shall be dealt by the ICA.

6.  Procedure to be followed by the ICA:—(1)A complaint, made to the council or ICA or ACA directly or by a registered post, addressed to the chairman of the council or the secretary, 1CA or convener of an ACA shall contain:—

(a)        The name, description, address and contact number of the complainant;

(b)        The name, description, address and contact number of the respondent(s) so far as they can be ascertained;

(c)        The cause of action and the place where it arose;

(d)       The description of the documentary and oral evidence in support of the allegations contained in the complaint;

(e)        The relief which the complainant claims; and

(f)        The findings and recommendations of the ACA, if the complaint is referred by the ACA.

(2)        Every complaint under sub-rule (1) shall be filed in such number of copies as may be determined in writing by the council, ICA or the ACA, as the case may be.

(3)        The ICA shall complete its working upon the complaint within fifteen days, unless delay is caused due to some unavoidable circumstances, of its receipt from the ACA or the complainant, as the case may be.

(4)        The ICA may require from the complainant and the respondent such oral and documentary evidence, if deemed necessary, and shall dispose of the complaint after personal hearing of both the parties, if there appears no cause of action or reasonable or legal grounds for action or a compromise is arrived at by the parties.

(5)        If the ICA is of the opinion that the matter can not be resolved and calls for action by the Authority, due to any reason, it shall refer the complaint alongwith its recommendations to the council for further action.

(6)        In the event of delay in deciding a complaint within the period specified in sub-rule (3), the ICA shall record, in writing, the reasons for the delay in such disposal.

(7)        If the complainant or the respondent fails to appear before the ICA after having been duly summoned, the ICA shall forthwith decide the matter ex-parte.

(8)        The ICA shall sit at such place and be provided with such facilities as the Provincial Government may determine. There shall be monthly meeting in the manner as the council may specify.

(9)        Any member may by writing under his hand addressed to the chairman, resign from his office.

(10)      No actor proceeding of the ICA shall be invalid merely on ground of any existing vacancy or defect in the composition of the ICA or irregularity in proceedings unless prejudice has been caused to the complainant or the respondent.

7.  ACA and its Procedure:—(1) The ICA, in consultation with the council, shall cause constitution of as many ACA(s), sector-wise or otherwise, comprising of such members and for such areas as it may deem necessary.

Explanation: Any convenient division like that of Magisterial/Police/Union Council/CDA Sector etc. may be adopted by the council for constitution of the ACA(s).

(2)        The ACA(s) shall work under supervision of the convener nominated by the ICA and a secretary elected by the respective ACA and shall sit at such places as the Provincial Government may authorize.

(3)        The ACA(s) shall ensure implementation of the Act, and the rules made there under and may refer any complaint to the ICA on finding any contravention of the Act, or the rules.

(4)        The ACA may resort to reconciliation or masalihat between the complainant and the respondent and decide the matter at the local level within fifteen days of the written complaint made to the ACA or on any matter taken on suo moto action.

(5)        In case reconciliation is not reached at, the ACA shall refer the case to the ICA immediately.

(6)  The convener and the members of the ACA(s) shall hold office for a period of one year: [Provided that the convener or any member can be removed by the ICA before expiry of the period. [Provided further that the period may be extended for such further terms as deemed appropriate by the ICA:

Provided also that an extension granted, at a time, shall not exceed to more than one term.]

(7)        The quorum in case of ACA or the ICA to carry out the proceedings shall be at least one half of the members of the ACA or the ICA respectively.

(8)        The business of the ICA and ACA (s) shall be conducted in accordance with the provisions of these rules.

(9)        The ACA(s) shall hold meetings at such place(s) with such facilities as the District Administration, may specify.

Explanation: The complaints relating to the retail purchasers of the goods etc. shall be dealt by the respective ACA.

8.         Prices to be exhibited at the business place:—Unless a price catalogue is available for issuance to every customer, the manufacturer or trader shall display prominently, in his shop or display-centre, a notice specifying the retail or wholesale prices along with brand and manufacturer's name, as the case may be, of every type of goods available for sale in his shop or display-centre.

9.         Receipt to be issued to the purchaser:—Every manufacturer or trader who sells any goods shall provide the purchaser a receipt or any other reasonable proof showing that the item has been sold to that purchaser.

10.       Return and refund policy:—Return and refund policy of a seller shall be disclosed and delivered to the buyer clearly before the transaction is completed and the same shall be displayed prominently and properly at the most conspicuous point of the sale or display centre. Also the return and refund policy shall be printed on the receipt issued on sale of any item:

Provided that the seller shall take back the sold item from the purchaser if the same has not been changed, altered or damaged by the purchaser, unless it is due to any act of the seller or fault of the item or a natural consequence of the act or the fault, on production of proof of purchase, within warranty period or reasonable time after the sale where warranty is not applicable:

Provided further that the reasonable time shall be determined keeping in view the terms and conditions of the sale, nature of the item and circumstances of each and every case.

11.       Prohibition on bait advertisement:—(1) No person shall trade, advertise or supply, at a specified price, products or services which that person does not,—

(a)        intends to offer for supply; or

(b)        have reasonable grounds or capacity for believing that they can be supplied at that price for a period that is, and in quantities that are, reasonable, having regard to the nature of the products or services and the market in which the person carries on business and the nature of the advertisement made by him.

(2)  Any person who has advertised products or services for supply, at specified price, shall offer such products or services for supply, at that price, for a period that is, and in quantities that are, reasonable, having regard to the nature of the products, services and the market in which the person carries on business and the nature of the advertisement made by him.

12.  Dismissal, return and filing of complaints.—(1) Where a complaint is found to be frivolous or vexatious, the ACA or the ICA, or the Council, as the case may be, before which the proceedings are lying pending, shall not process the complaint further.

(2)  Any complaint not falling within the ambit of ACA, ICA or the Council, as the case may be, shall be returned forthwith, so as to file it before the competent forum.

(3)        Every action taken by the ACA, ICA or the Council, suo-moto or otherwise, shall be filed before the Authority for decision.

Explanation: Decision by the ACA, ICA or the Council, against any person, whether complainant or respondent, shall not bar the aggrieved person to file complaint before the Authority.

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[1]        PEMRA (Employees Service) Regulations-2008 as Amended by PEMRA (Employees Service) Regualtions-2011.

[2]        Clause 2(xv) added "other than contractual / contingent".

[3]        Clause 2(xviii) added "or deputation".

[4]        Clause 5(1) "will" has been replaced with "shall"

[5]        Clause 5(2) added "with the approval of the Authority"

[6]        Clause 6 added "with the approval of the Authority"

[7]        Clause 12(2) section (c) added "subject to the fulfillment of all the legal formalities/ requirements defined in these regulations".

[8]        Clause 12(2) Section (c) New inserted.

[9]        Clause 14 Serial No. 2 amended while serial No. 3 & 4 deleted

[10]       Clause 15(c) "Transfer / Deputation" changed in "Contract"

[11]       Clause 15(d) "Contract" changed in "Deputation"

[12]       Clause 17 added "contract appointment and or"

[13]       Clause 20(1) "will" changed in "Shall"

[14]       Clause 20(2) "will" changed in "Shall"

[15]       Clause 22(2) added "in PS 1 to 6"

[16]       Clause 22(3) Section (c) Sub-section (v) amended as " whether in Pakistan or abroad"

[17]       Clause 22(4) added "one year"

[18]       Clause 23 added "one year"

[19]       Clause 24 added "five years"

[20]       Clause 26(3) added "Authority"

[21]       Clause 26(6) added “up to maximum of three years"

[22]       Clause 26(6) added "and or relevant experience"

[23]       Clause 26(7) amended as "up to maximum of three"

[24]       Clause 26(7) amended as "and or relevant"

[25]       Clause 26(7) New addition.

[26]       Clause 27(2) amended "Prior"

[27]       Clause 27(2) amended "Competent"

[28]       Clause 27 (6) added "and date of birth"

[29]       Clause 28 (1) added "and or"

[30]       "Clause 31(a) amended "all vacancies shall be filled after fulfillments of prescribed recruitment criteria".

[31]       Clause 31(b) amended "for a specific period".

[32]       Clause 31(b) amended "specified".

[33]       Clause 31(b) added "after advertising in national dailies".

[34]       Clause 33 Section 1 amended "transfer".

[35]       Clause 33 Section 4 new inserted.

[36]       Clause 36 section (1) New inserted. While previous one" temporary post to be made permanent" deleted

[37]       Clause 36 section (2) New inserted

[38]       Clause 49 Section 1 sub-section (a) New inserted.

[39]       Clause 49 Section 1 sub-section (b) New inserted.

[40]       Clause 49(1)(e) New inserted.

[41]       Clause 50 Section 1 added "senior and suitable regular employee having minimum of three years of service".

[42]       Clause 50 Section 4 added "and suitable".

[43]       Clause 51 Section 2 amended "the Chairman" & added "as the case may be”

[44]       Clause 52 Section 1 amended "senior and suitable"

[45]       Clause 52 Section 2 sub-section (a) amended "Chairman".

[46]       Clause 52 Section 2 sub-section (a) amended "as the case may be".

[47]       Clause 52 Section 2 sub-section (a) amended "prior".

[48]       Clause 52 Section 2 sub-section (c) amended "senior and suitable".

[49]       Clause 52 Section 2 sub-section (c) "should " changed in "may".

[50]       Clause 55 section(ii) New inserted

[51]       Clause 55 section(iii) New inserted

[52]       Clause 55 section (5) New inserted

[53]       Clause 58 section (4) New inserted

[54]       Clause 70 section (8) amended "through the Human Resource Wing"

[55]       Clause 70 section (8) added "Provided that the application shall accompany proof of admission along with detail regarding length of study, recognition of the institution by HEC etc"

[56]       Clause 73 section (2) sub-section (ii) New inserted

[57]       Clause 74 section (1) added "Provided further that employee on deputation shall not be eligible to claim I.PR/ leave encashment from PHMRA"

[58]       Clause 87 added "Human Resource Wing" by deleting "Establishment Wing"

[59]       Clause 87 section (2) added "The Human Resource Wing" by deleting "Establishment Wing"

[60]       Clause 96 section (3) New inserted

[61]       Clause 100 section (1) sub-section (i) New inserted

[62]       Clause 100 section (1) sub-section (ii) New inserted

[63]       Clause 100 section (1) sub-section (iii) New inserted

[64]       Clause 100 section (1) sub-section (iv) New inserted

[65]       Clause 114 section (3) New inserted

[66]       Clause 115 section (4) added "Authority"

[67]       Clause 158 added "initiate cases related to Disciplinary Action:"

[68]       Clause 158 section (c) New inserted

[69]       Clause 158 section (d) New inserted

[70]       Clause 158 Second Para / proviso-new inserted

[71]       Clause 159 added "Competent"

[72]       Clause 160 section (1) added "Competent"

[73]       Clause 163 section (3) New inserted

[74]       Clause 163 section (8) added "competent"

[75]       Clause 186 section (3) amended "competent authority"

[76]       Clause 186 section (3) amended "maximum of three"

[77]       Clause 186 section (3) amended "have possessed"

[78]       Clause 186 section (6) New inserted

[79]       Clause 186 section (7) amended by deleting "in case of house requisition by third party".

[80]       Clause 186 section (10) New inserted