RULES

BALOCHISTAN JUDICIAL ACADEMY BALOCHISTAN JUDICIAL ACADEMY (EMPLOYEES) SERVICE RULES, 2012 [Gazette of Balochistan, Extraordinary, 15th August, 2012] No. S.R.O. 60/Admn:(1)2012, dated 15-8-2012.---In exercise of the powers conferred by section 15 (b) read with sections 6(g) and 11(1) of the Balochistan Judicial Academy Act, 2010 (Act No. II of 2010), the Board of Governors, Balochistan Judicial Academy with prior approval of the Government is pleased to make the following rules for regulating the recruitment and appointments to the Balochistan Judicial Academy Employees Service, and prescribing the terms and conditions of the service for the persons appointed thereto, namely: - PART-1 PRELIMINARY 1. Short title and commencement.---(1) These rules may be called the Balochistan Judicial Academy (Employees) Service Rules, 2012. (2) It shall come into force at once. 2. Applications.---These Rules shall apply to all the employees in the whole time employment of the Balochistan Judicial Academy, other than-- (a) the Chairman and the members of the Board; (b) the employees appointed on deputation or contract unless their terms of appointment or contract make these rules applicable; and (c) employees paid from contingencies. 3. Definitions.---(1) In these rules unless there is anything repugnant in the subject or context:-- (a) "Academy" means the Balochistan Judicial Academy; (b) "Act" means the Balochistan Judicial Academy Act, 2010 (Act No. II of 2010); (c) "Appendix" means the Appendix to these Rules; (d) "Appointing Authority" means the authority competent to make appointment under rule 5; (e) "Board" means the Board of Governors constituted under section 5 of the Act; (f) "Chairman" means the Chairman of the Board; (g) "Competent Authority" means the Board or the person to whom the Board may delegate its powers under section 7 of the Act; (h) "Contract Service" means a service governed by the terms of a contract; (i) "Deputation Allowance" means the allowance granted to the employee of a public service/ organization, when appointed to work in the Academy on deputation and which is mutually agreed upon between the Academy and the lending authority; (j) "Director" means Director including Senior Director of the Academy; (k) "Director-General" means the Director-General of the Academy; (I) "Employee" means employee of the Academy appointed by appointing authority on regular basis other than the contract employee, part-time employee and the persons deputation; (m) "Fund" means the Fund of Academy established under section 12 of the Act; (n) "Government" means the Government of Balochistan; (o) "pay" means the amount drawn monthly by an employee as pay and includes such technical pay, special pay, personal pay and any other emoluments as may declared by the Government/Board to be pay; (p) "Pay Scale" means a national scale of pay as sanctioned by Government for its civil servants, from time to time, in which a post or group of posts is placed; (q) "Permanent Post" means a post sanctioned without limit of time; (r) "Post" means a post specified in column 2 of the Appendix-A and such other posts in the Service of the Academy as may be sanctioned by the Board from time to time; (s) "Recognized University" means any University incorporated by Law in Pakistan and recognized by the Higher Education Commission of Pakistan or any other University which may be declared by Government to be a recognized University for the purpose of recruitment to various services; and (t) "Service" means the Balochistan Judicial Academy Employees Service; (u) "Selection/ Promotion Committee" means the Selection and promotion Committees constituted for appointments by initial recruitment and promotion under rule 7 of these rules; or any other such Committees as the Board may constituted for appointment on temporary/adhoc or contract basis; (2) All other words and expressions used but not defined in these rules shall have the same meaning as assigned to them in the Act. PART - II COMPOSITION, AUTHORITIES, METHOD, PROCEDURE AND CONDITIONS OF APPOINTMENT 4. Composition of Service.---The service shall comprise of the posts as specified in column 2 of the Appendix- A and such other posts as may be determined by the Board with consultation/ approval of the Government from time to time. 5. Appointing authority.---Appointing authority in relation to a post in the Service of the Academy or other temporary or contract posts shall be as under: - S. No. Posts Authority 1. Basic pay scale 1 to 15. - Director General. 2. Basic pay scale 16 and above. - Chairman. 3. Advisers, Consultants, Expertise or any other post on contract basis. - Board or the person 4. Posts created on temporary basis for a period not exceeding Six months. - delegated with such powers under section 7 of the Act - Director General. 6. Method of appointment.---Appointments to the posts in the Service shall be made as specified in column 4 of the Appendix- A. 7. Appointment Procedure.---(1) All Appointment in the Service shall be made on the recommendations of the Selection Committees and the Promotion Committees, as the case may be, which shall be as under:-- (a) for selection of suitable candidates for initial recruitment -- (i) to the posts in BPS-16 and above, the Selection Committee-I as specified in Part- I of the Appendix- B; and (ii) to the posts in (BPS- 1 to 15), the Selection Committee-II as specified in Part- II of the Appendix- B. (b) for selection of suitable candidates for promotion -- (i) to the posts in (B-16 and above), the Selection Committee-I as specified in Part- I of the Appendix- C; and (ii) to the posts in (BPS- 1 to 15), the Promotion Committee-II as specified in Part- II of the Appendix- C: Provided that the Board of Governors, may re-constitute the Committees specified in Appendix- B and Appendix- C from time to time, by a notification in the official Gazette. (2) The appointing authority shall not be bound to accept the recommendations of the Selection or Promotion Committees in any case, but the reasons in all such cases for non acceptance of the recommendation of the Committee shall be recorded: Provided further that:- (i) if the appointing authority other than the Chairman, does not agree with the recommendations of the Selection or Promotion Committees, it shall report the case to the Chairman, whose orders thereon shall be final; and (ii) if the appointing authority i.e. the Chairman does not agree with the recommendations of the Selection or Promotion Committees, it may ask to the concerned committee, on the point of disagreement, to reconsider its recommendations; or shall place the case before the Board whose orders thereon shall be final. (3) Persons possessing and fulfilling such qualifications and conditions as prescribed in these rule for the purpose of promotion or transfer and initial recruitment to a post, shall only be considered by the Selection and Promotion Committees. (4) Performance Evaluation Report of all the employees shall be maintained and the quantification of the same shall be prepared as prescribed in Government promotion policy for its civil servants, which shall be considered at the time of promotion of an employee. 8. Qualification for initial recruitment.---No person shall be appointed to a post in the Service of the Academy by initial recruitment unless he possesses the qualifications as prescribed for the post in Column 3 of the Appendix-A. 9. Conditions for initial recruitment.---(1) All Initial appointment in the Service shall be made after the vacancy is advertised in at least two leading newspapers of wide circulation. (2) A person who is not a citizen of Pakistan shall not be eligible for initial appointment to any post. (3) No person who is less than 18 years or more than 30 years of age shall be appointed to the Service by initial recruitment: Provided that? (i) in the case of a person who is already in Government Service, the upper age limit shall be 35 years; (ii) in case of a person whose services under the Government have been terminated for want a vacancy, the period of service already rendered by him shall for the purpose of upper age limit under this rule, be excluded from his age; and (iii) for the purpose of this rule, age shall be reckoned as on the last date fixed/ advertised for submission of application for initial appointment. (5) The upper age limit may be relaxed-- (a) by the Director General in peculiar circumstances by specific order upto a maximum period of three years; (b) by the Chairman in peculiar circumstances by specific order upto a maximum period of seven years; (c) by the Board in peculiar circumstances by specific order upto a maximum period of ten years; and (d) by the Board where the post requires an experience of particular technical nature, by general order to be notified in the official gazette, for a period as it may deem fit. (6) No person shall be appointed by initial recruitment to the Service unless he is declared to be physically fit by the Medical Board constituted by the Government for the purpose or a Government Medical Officer not below the rank of District Health Officer, as the case may be. (7) No person, not already in Government Service, shall be appointed to the Service unless he produces a certificate of character from the Principal/Academic Officer of the academic institution last attended and also certificates of character from two other responsible persons/gazetted officers, not being his relatives and who are well acquainted with his character and antecedents. (8) Initial appointment of a person shall be subject to the verification of his character and antecedents to the satisfaction of the appointing authority. 10. Promotion.---An employee in the Service of Academy shall be eligible for promotion to a higher post as specified in column 4 of the Appendix- A and subject to such Examination/ Training as may be determined by the Board from time to time, by a notification in the official Gazette. PART-III PROBATION, CONFIRMATION AND SENIORITY 11. Probation.--(1) A person appointed to the service against a substantive vacancy shall remain on probation for a period of 2 years if appointed by initial recruitment, and for a period of one 1 year, if appointed otherwise. Explanation.---Officiating service and service spent on deputation to a corresponding or higher post may be allowed to count towards the period of probation. (2) If the work or conduct of any member of the Service during the period of probation has, in the opinion of appointing authority, not been satisfactory, the appointing authority may not withstanding that the period of probation has not expired, dispense with his services if he has been appointed by initial recruitment and if he has been appointed otherwise revert him to his former post, or if there be no such post dispense with his service. (3) On completion of the period of probation of a member of the Service, the appointing authority may, subject to the provisions of sub-rule (4), either confirm him in his appointment, or if his work or conduct has, in the opinion of such authority, not been satisfactory- (a) in case he/she has been appointed by initial recruitment dispense with his service; or (b) in case he/she has been appointed otherwise, revert him to his/her former post; or (c) extend the period of probation by a period not exceeding two years in all during or on the expiry of such period as it could have passed during or on the expiry of the initial probationary period. (4) No person shall be confirmed in the Service unless he successfully completes such training and passes such departmental examinations as may be prescribed by the Board from time to time. (5) If a member of the Service whether appointed by initial recruitment or otherwise, fails to complete successfully any training or pass any departmental examination as mentioned in sub-rule (4) within such period or in such number of attempts as may be prescribed by Board, the appointing authority may-- (a) in case he has been appointed by initial recruitment, dispense with his service; or (b) in case he has been appointed otherwise, revert him to his former post, and if there be no such post, dispense with his services. 12. Departmental Examination.---Every appointee to a post shall have to pass the Departmental Examination, if any, prescribed by that Board within the specified period and in the specified manner. 13. Confirmation.---(1) Subject to availability of a permanent post, an employee shall, on satisfactory completion of his period of probation, be eligible for confirmation against that post. (2) There shall be no confirmation against any temporary post. (3) An employee shall be considered for confirmation strictly in accordance with his seniority. (4) No confirmation shall be made against the post vacated on dismissal, removal or compulsory retirement of an employee until the appeal against such dismissal or, as the case may be, removal or retirement is finally decided. 14. Seniority list.---The appointing authority shall cause seniority lists of the employees in the Service of the Academy to be prepared separately in respect of each cadre or post, as the case may be. 15. Seniority.---(1) The inter se seniority of the members of the Service in various grades thereof shall be determined-- (a) in the case of members appointed by initial recruitment, in accordance with the order of merit assigned by the appointing authority: Provided that members selected for the service in an earlier selection shall rank senior to the members selected in a later selection; and (b) in the case of members appointed otherwise, with reference to the dates of their continuous appointment therein: Provided that if the date of continuous appointment in the case of two or more members of the Service is the same, the older employee, if not junior to the younger employee or employees in the next below grade shall rank senior to the younger employee or employees. Explanation-I.---If a junior employee in a lower grade is promoted to a higher grade temporarily in the public interest, even though continuing later permanently in the higher grade, it would not adversely affect the interest of his seniors in fixation of his seniority in higher grade. Explanation-II.---If a junior employee in the lower grade is promoted to a higher grade by superseding a senior employee and subsequently, that employee is also promoted to the same grade, the employee promoted first shall rank senior to the employee promoted subsequently. Explanation-III.---A junior employee appointed to higher grade shall be deemed to have superseded a senior employee only, if both the junior and senior employees were considered for higher grade and the junior employee was appointed in preference to the senior employee. (2) The seniority in the various grades of the Service of the members thereof appointed by initial recruitment vis- -vis those appointed otherwise shall be determined-- (a) in case both employees appointed by initial recruitment and the employee appointed otherwise have been appointed against substantive vacancies, or both have been appointed against temporary vacancies with reference to the date of appointment to such vacancy, in case of an employee appointed by initial recruitment and to the date of continuous appointment against such vacancies in the case of an employee appointed otherwise: Provided that if the two dates are the same the employee appointed otherwise shall rank senior to the employee appointed by initial recruitment; (b) in case, the employee appointed by initial recruitment has been appointed against a substantive vacancy and the employee appointed otherwise, has been appointed against a temporary vacancy, the employee appointed by initial recruitment shall rank senior to the employee appointed otherwise; and (c) in case, the employee appointed otherwise is appointed against a regular vacancy and the employee appointed by initial recruitment is appointed against a temporary vacancy, the employee appointed otherwise shall rank senior to the employee appointed by initial recruitment. PART-IV RESIGNATION, RETIREMENT, DEPUTATION AND CONTRACT APPOINTMENT 16. Resignation.---(1) An employee desiring to resign from service shall give one month notice to the Academy or deposit a sum equivalent to the amount of one month pay in lieu thereof. (2) No employee shall be permitted to leave the service unless the competent authority accepts his resignation, which may be conveyed to him in writing. (3) If a permanent/ regular employee leaves service before acceptance of his resignation and without handing over proper charge of his office, he shall be liable to dismissal from service. (4) Resignation once accepted shall not be withdrawn. 17. Retirement.---(1) Every employee shall retire on attaining the age of sixty (60) years: Provided that subject to the agreement of the competent authority, an employee may be retired on completion of 25 years qualifying service. (2) A retired employee shall be entitled to such General Provident Fund and other benefits as may be prescribed. 18. Date of Birth.---The date of birth of an employee recorded at the time of appointment in the service book or record shall be final. 19. Deputation.---(1) The Chairman may borrow the services of employees of the Government or statutory body on deputation for service in the Academy. (2) The initial period of deputation will be two years, however extendable with mutual consent of the competent authority and the person on deputation /lending department, for a further period of three years. (3) An employee serving in the Academy on deputation will be entitled for protection of his salary which he was drawing in his parent department; deputation allowance and other fringe benefits admissible to the employees of the Academy in the same cadre or as settled between the lending department and the Academy. 20. Contract appointment and extension.---(1) The Chairman with the prior approval of the Board, may hire the services of an Adviser, Consultant, Expertise, Professor, Assistant Professor, Lecturer Advocate or any other person on contract basis, on such terms and conditions as it may be determined by the Board. (2) All the appointments on contract shall initially be for a period of two years. However, on expiry of initial contract, if his performance is found satisfactory and if so desired by the employee under consideration, the contract may be extended for such further periods as may deemed appropriate by the competent authority. PART-V MISCELLANEOUS 21. Pay and Allowances.---(1) All employees in the Service of the Academy shall be entitled to such pay and allowances as admissible to them in accordance to the pay scales: Provided that pay and allowances drawn by the employees of the Academy appointed before award of statutory status of the Academy shall be protected (as per policy of the Balochistan Government circulated by Finance Department for the purpose). (2) Subject to any exception especially provided in these Rules an employee shall begin to draw the pay and allowances attached to his post with effect from the date when he assumes the duties of that post and shall ceases to draw them as soon as he cease to discharge those duties. 22. Pay rules and orders.---Subject to any special provision contained in the Act and these rules, the rules and orders for the time being in force and applicable to civil servants of corresponding Basic Pay Scales of the Government shall apply to the employees and staff of the Academy, except the terms and conditions for the staff members serving on contract, which shall be governed by the terms of the contract: Provided that any question arising as to which rules or orders are applicable to the case of staff members shall be decided by the Board: Provided further that the Board may with prior approval of the Government sanction any special/ additional pay and allowance to the employees of the Academy. 23. Fixation of pay.---Fixation of pay on the eve of promotion, reversion and other occasions will be dealt in accordance with rules of the Government. 24. Grant of Instructional/ Academic Allowance.---The officers and officials of the Academy performing instructional/academic duties apart from their normal duties shall be entitled to instructional/academic allowance with prior approval of the Government on the recommendation of the Board. 25. Leave.---Leave will be admissible to employees in accordance with the Government Leave rules or hereafter prescribed by the Authority for the purpose. 26. General Provident Fund.---(1) The General Provident Fund scheme shall be established and employees of the Academy shall be entitled to get benefits from it. (2) All the regular employees are entitled to become members of the fund. (3) The General Provident Fund rules of the Academy shall be framed. (4) The employees shall be required to subscribe per month to the fund at the rate as prescribed by the Government. They will be entitled to any interest or increment accruing on such subscriptions, deposits or contributions under the rules of the Fund. 27. Honoraria.---Honorarium may be granted to employees for the work performed which is occasional in character and either so laborious or of such special merit, as to be justified as a special reward. This reward may be equal to one basic pay once in a financial year. The Director-General with the approval of the Chairman will be the competent authority for sanctioning the expenditure. 28. Whole-time Employee of the Academy.---(1) All employees in the Service of Academy, shall be whole time employees and no employee shall, except with prior permission of the competent Authority in appropriate cases, undertake any outside employment or office or engage in any trade, occupation, commerce or business activity with remuneration or otherwise on his own account or for any other person or work other than his official duties. (2) Except or otherwise provided, the whole time of an employee shall be at the disposal of the Academy and he may be required to perform, without additional compensation, such duties as the competent authority may deem fit in the interest of the Academy. 29. Conduct and Discipline.---In matters of conduct and discipline the employee shall be governed by such law and rules as have been or hereafter may be prescribed by the Government for it Civil Servants. 30. Medical Board for unfitness to discharge duties.---The competent authority may require an employee to appear before a Medical Board approved by the Governments for medical examination, if in its opinion the employee is suffering from a disease which renders him unfit for the proper and efficient discharge of his duties or from a disease which is and is likely to endanger the health of other employees, and if the Medical Board, after examining the employee, certifies that the employee is permanently incapacitated for service, the competent authority may require him to retire from service, and may grant him such amount by way of special contribution to Provident fund or Compassionate gratuity as may be admissible to him under these Rules. (2) In case the Medical Board holds that the employee is fit for service, he shall be allowed to continue with his service forthwith and the period of his absence if any may be treated as on duty or earned/ extra-ordinary leave as the case may be. 31. Service may cease.---The service of an employee may cease in the following circumstances:- (a) by resignation subject to the provisions of the foregoing rule 16 of these rules; (b) by retirement or reaching the age of superannuation; (c) by compulsory retirement due to permanent disability which in the opinion of the Medical Officer renders him unfit for service; and (d) by removal, dismissal or compulsory retirement from service as a penalty in accordance with the Efficiency and Discipline Laws and rules made thereunder for the purpose. 32. Appeal.---An appeal against an adverse order or imposition of penalty passed by the competent authority against employees serving in BPS 1-15 shall lie to the Chairman and in case of employees in BPS 16 and above shall lie to the Board. 33. Limitation.---An appeal under rule 32 shall be within 30 days from the date of the order complained of. 34. Delegation of Powers.---The Board or the Chairman may delegate all or any of their powers under these rules to any authority or officer of the Academy. 35. Interpretation of Rules etc.---In case of any doubt or controversy relating to these rules or orders or regulations issued there-under, the decision of the Chairman in consultation with the Board shall be final. 36. Application of Government rules and laws.---Notwithstanding anything contrary and subject to the provisions of the Act and the Rules or any other rules made thereunder, the provisions of the Balochistan Civil Servants Act, 1974 (Act No. IX of 1974) as well as the rules made thereunder and all other Laws and Rules as applied to the Civil Servants of the Government shall mutatis mutandis apply to the employees of the Academy: Provided that in its application to the employees of the Academy, any reference to (i) a Government Servant or Civil Servant shall be construed to be a reference to an employee of the Academy; (ii) the Chief Secretary shall be construed to be a reference to the Chairman of the Board of Governors; (iii) the Head of Department/ Secretary shall be construed to be a reference to the Director General of the Academy; (iv) any reference to the Government shall be construed to be as such in cases where the approval of the Government will be necessary before taking an action, while in all other cases it will construe to be a reference to the Board: Provided further that:--- (i) the Board may, by general or special order, delegate to any officer or officers of the Academy, any of its powers under the applied Laws and rules, where necessary, subject to such conditions as may be specified; and (ii) the Chairman or the Director General may also, by general or special order, delegate to any officer or officers of the Academy, any of its powers under the applied Laws and rules, where necessary, subject to such conditions as may be specified. 37. General Rules.---In all matters not expressively provided for in these rules, members of the Service shall be governed by such rules as have been or may hereafter be prescribed by the Board with approval of Government and made applicable to them. 38. Relaxation.---Any of these rules, for reasons to be recorded in writing, may be relaxed in individual cases if the Board is satisfied that a strict application of these rules would cause undue hardship to the individual concerned.