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ACT VI OF 2011 ACT VI OF 2011 BALOCHISTAN EMPLOYEES' EFFICIENCY AND DISCIPLINE ACT, 2011 An Act to provide for proceedings against the employees in Government and Corporation services in relation to their efficiency, discipline and accountability [Gazette of Balochistan, Extraordinary, 4th July, 2011] No. PAB/Legis: V (05)/2011.582, dated 4-7-2011. -The Balochistan Employees' Efficiency and Discipline Bill No.V of 2011,having been passed by the Provincial 'Assembly of Balochistan on 29th June, 2011 and assented to by the Governor, Balochistan on 2nd July, 2011 is hereby published as an Act of the Balochistan Provincial Assembly. Preamble.--Whereas it is expedient and necessary in the public interest and for good governance to provide measures for improvement of efficiency and discipline of employees in Government, autonomous bodies, authority and corporation service and matters connected therewith or ancillary thereto; It is hereby enacted as follows:- 2. Definitions.--In this Act, unless there is anything repugnant in the subject or context,-- (a) "absence from duty" means unauthorized absence from duty without prior permission or sanction of leave by the competent authority under the Rules for the time being in force and applicable to the employee concerned; (b) "Accused" means-a person who is or has been an employee and against whom an action is initiated under this Act; (c) "Act" means the Balochistan Employees' Efficiency and Discipline Act, 2011; (d) "Appellant Authority" means the Chief Minister Balochistan or any other authority so delegated to which an appeal lies against the orders of the competent authority; (e) "Appointing Authority" in relation to an employee or class of employees means an appointing authority declared: under Balochistan Civil Servants Act, 1974 (Act No.IX of 1974) or any other law for the time being in force, or notified as such by an order of the Government Organization, Authority, Corporation etc. as the case may be or under the rules, as may be applicable to such employee or class of employees; (f) "charge" means allegations framed against the accused pertaining to any Act of omission and commission, under this Act; (g) "Chief Minister" means the Chief Minister of Balochistan; (h) "Competent authority" means-- (i) the Chief Minister or any .authority so delegated by the Chief Minister by notification for the employee or the class of employees; and (ii) in relation to an employee of a tribunal or court functioning under the Government, the appointing authority or the Chairman or presiding officer of such tribunal or court, as the case may be, authorized by the appointing authority to exercise the powers of\ competent authority under this Act: Provided that where two or more employees are to be, proceeded jointly, the competent authority in relation to senior most employee in rank shall be the competent authority in respect of all the accused: Provided further that where the competent authority, other than the Chief Minister, has any interest in the result of proceedings under this Act, and does not desire to act as competent authority due to personal reasons, he shall not proceed with the case and shall report the matter to the next higher authority who shall authorize another officer of the corresponding rank and status to act as the competent authority in the case: Provided further that competent authority shall be determined in accordance with the position held by accused either through posting on transfer, acting or current charge or look after basis, and not by the substantive position/pay scale of the accused: Provided further that the competent authority shall be, wherever practicable, two steps senior in rank to the accused employee. (i) "Corruption" means-- (i) accepting or obtaining or offering any gratification or valuable thing,. directly or indirectly, other than legal remuneration, as a reward for doing or forbearing to do any official act; or (ii) dishonestly or fraudulently misappropriating, or indulging in embezzlement or misusing Government property or resources; or (iii) possession of pecuniary sources or property, by an employee or any of his dependents or any other person through him or on his behalf, which cannot be accounted for and which are disproportionable to his known sources of income; or (iv) maintaining standard of living beyond known sources of income; or (v) having a consistent reputation of being corrupt; or (vi) entering into plea bargain under any law for the time being in force and voluntarily returning the assets or gains acquired through corruption or corrupt practices; (j) "Employee" means a person-- (i) who is a Government Servant or who is a member of a civil service of the Province or who holds a civil post in connection with the affairs of the Province or any employee serving in any court or tribunal set up or established by the Government, but does not include a Judge of the High Court or any court subordinate to the High Court, or any employee of such courts; and (ii) in the employment of a corporation, corporate body, autonomous body, semi-autonomous body, authority, statutory body or any other organization or institution set up, established, owned, managed or controlled by the Government, by or under any law for the time being in force or a body or organization in which the Government has a controlling share or interest and includes the. Chairman and the Chief Executive and the holder of any other office therein; (k) "Government" means the Government of Balochistan; (1) "Hearing Officer" means an officer, senior in rank to the accused, appointed by the competent authority to afford an opportunity of personal hearing to the accused on behalf of the authority concerned; (m) "Inefficiency" means-- (i) failure to efficiently perform functions/tasks assigned to an employee in the discharge of his duties; or (ii) failure to qualify departmental examination in three consecutive attempts; (iii) failure to qualify any written test administered by the authority after due notice to satisfy itself whether the employee or class of employees continue to possess the specialized skills mandatory for the service under the service rules; (iv) failure to complete the inquiry within stipulated period; (v) obtaining below average grade in annual Performance Evaluation Report or getting special adverse Performance Evaluation Report; (n) "Inquiry Committee" means a committee of two or more officers, headed by a Chairman, as may be appointed as such by the competent .authority under this Act; (o) "Inquiry Officer" means an officer appointed as such by the competent authority under this Act; (p) "Inquiry Documents" means the Order of Inquiry, statement of Allegations, Show Cause Notice, Personal Hearing Notice, Inquiry Report or any other Letter, Order, Notification which forms part of the inquiry proceedings under this Act; (q) "Joint Inquiry" means an inquiry where two or more employees are to be proceeded against; (r) "Misconduct" includes-- (i) conduct prejudicial to good order or service discipline; or (ii) conduct contrary to the Balochistan Government Conduct Rules, 1979 or any other rules for the time being in force; or (iii) conduct unbecoming of officer and a gentleman; or (iv) involvement or participation directly or indirectly, in industry, trade or speculative transactions by abuse or misuse of official position to gain or attempt to gain undue advantage or assumption of such financial or other obligations in relation to private institutions or persons, as may compromise the performance of official duties or functions; or (v) any act to bring or attempt to bring outside influence directly or indirectly to bear on the Governor, the Chief Minister, a Minister, Member of the Senate, Member of National Assembly or a Provincial Assembly or any other authority in respect of any matter relating to the appointment, promotion, transfer, punishment, retirement, training, financial, administrative or other conditions of service; or (vi) making appointment or promotion or having been appointed or promoted on extraneous grounds in violation of any law or rules; or (vii) absence from duty without prior approval of leave; or (viii) conviction for an offence by a court of law; or (ix) frivolous litigation against the Government or Government functionaries without availing remedy of departmental appeal/ representation; or (x) violation/deviation from prescribed Government policy or rules; or (xi) direct interaction with print or electronic media or holding a press conference or making any statement of fact or opinion or acting in a manner which is the cause of embarrassment for the Government; or (xii) call, attempt, threat or induce for strike or interrupt in smooth functioning of Government; or (xiii) engage, take part, assist, aid., convince or interfere in any political activity and election other than discreetly casting vote; or (xiv) interaction with foreign mission without prior approval of Ministry of Foreign Affairs, Government of Pakistan; or (xv) un-authorized communication of official documents or information or contents of any official documents to a person not authorized to receive it, or to a non-official person, or to the Press; or (xvi) subletting of residential accommodation allotted by the Government or refuse to vacate residential accommodation on a vacation order, seeking remedy from court without availing such remedy from the next higher authority of the allotting authority; or (xvii) engage or undertake any employment or work or private practice other than his official duties without previous sanction of Government; (s) "Prescribed" means prescribed by rules made under this Act; and "Section" means section of this Act.