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4

Penalties

Act: Balochistan Employees Efficiency and Discipline Act 2011

Section Provisions

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:- 4. Penalties.--(l) The competent authority may after satisfying itself, notwithstanding anything contained in any law or the terms and conditions of service of the accused by an order in writing, impose one or more of the following penalties, namely: (a) Minor penalties (j) censure; (ii) withholding of increment or increments, for a specific period, subject to a maximum of five years; (iii) fine not exceeding basic pay of one month; (iv) ban on holding any position involving financial responsibilities; and (v) withholding of promotion for a specific period, subject to a maximum of five years: Provided that the penalty shall stand but this period shall be counted from the date when a person junior to the accused is promoted on regular basis against the higher post; and (b) Major penalties.--- (i) recovery from pay, pension or any other amount payable to the accused, the whole or a part of any pecuniary loss caused to the Government or the organization in which he was employed, and if the amount due from any such person cannot be wholly recovered from the pay, pension or any other amount payable to him, such amount shall be recovered under the laws for the time being in force; (ii) reduction to a lower post and or pay scale from the substantive or regular post for a specific period subject to a maximum of five years; (iii) forfeiture of past service for a specific period subject to a maximum of five years; (iv) forfeiture of pay and allowances for specific period not exceeding two months; (v) compulsory retirement; (vi) termination from service; (vii) removal from service; and (viii) dismissal from service; (c) Penalties after retirement (i) withholding of pension/gratuity or any part thereof; (ii) forfeiture of pension/gratuity or any part thereof; and (iii) recovery from pension or any other amount payable to the accused, of the pecuniary loss caused to Government or the organization in which he was employed, and if the amount due from any such person cannot be wholly recovery from the pension or any other amount payable to him, such amount shall be recovered under any other Jaw for the time being in force. (2) dismissal from service under this Act shall disqualify the employee for future employment under the Government or under any organization to which the provisions of this Act apply. (3) Any penalty under this Act shall not absolve an employee or accused from liability to any punishment by a Court of Competent Jurisdiction, to which he may be liable for an offence under any law for the time being in force, committed by him while in service: Provided that the competent authority may impose any other penalty prescribed by any other law or rules for the time being in force: Provided further that no penalty by the competent authority under this Act or any other law for the time being in force shall be imposed without affording the opportunity of showing cause and personal hearing and inquiry made in this respect if the decision of the inquiry committee or officer is against the accused employee.