RULE

BALOCHISTAN RELIGIOUS AFFAIRS AND INTER-FAITH HARMONY DEPARTMENT (DIVISIONAL AND DISTRICT OFFICERS) (BPS-16 AND ABOVE) SERVICE RULES, 2012 BALOCHISTAN RELIGIOUS AFFAIRS AND INTER-FAITH HARMONY DEPARTMENT (DIVISIONAL AND DISTRICT OFFICERS) (BPS-16 AND ABOVE) SERVICE RULES, 2012 [Gazette of Balochistan, Extraordinary, 5th October, 2012] No. S.O (R-II) (31)2/2012-S&GAD/2010-59, 5-10-2012.---In exercise of the powers conferred by Section 25 of the Balochistan Civil Servants Act, 1974 (Act No. IX of 1974); the Government of Balochistan is pleased to make the following rules regulating the recruitment to the Balochistan Religious Affairs and Inter-Faith Harmony Department (Divisional and District Offices) (BPS-16 and above) Service, and prescribing conditions of service for the persons appointed thereto, namely:-- PART - I GENERAL 1. Short title and commencement.---(1) These rules may be called "the Balochistan Religious Affairs and Inter-Faith Harmony Department (Divisional and District Offices) (BPS-16 and above) Service Rules, 2012". (2) They shall come into force at once. 2. Definitions.---(1) In these rules, unless there is anything repugnant in the subject or context-- (a) "Act" means the Balochistan Civil Servants Act, 1974 (Act No.. IX of 1974); (b) "Appendix" means the Appendix annexed to these Rules; (c) "Appointing Authority" means the appointing authority as specified in rule 4; (d) "Commission" means the Balochistan Public Service Commission; (e) "Department" means the Religious Affairs and Inter-Faith Harmony Department, Government of Balochistan; (f) "Government" means the Government of Balochistan; (g) "Initial recruitment" means appointment made otherwise than by promotion or transfer from another Service/Department/Post; (h) "Post" means a post specified in column 2 of the Appendix and such other post in the Balochistan Religious Affairs and Inter-Faith Harmony Department (Divisional and District Offices) (BPS-16 and above) Service Rules, 2012 as may be specified by the Government from time to time for the purpose of these Rules; (i) "Recognized Institute" means any institute incorporated by law in Pakistan or any other institute declared by the Government in consultation with the Commission to be a recognized Institute for the purpose of these Rules; (j) "Recognized University" means any university incorporated by law in Pakistan or any other university declared by the Government in consultation with the Commission to be a recognized University for the purpose of these Rules; (k) "Rules" means the Balochistan Religious Affairs and Inter-Faith Harmony Department (Divisional and District Offices) (BPS-16 and above) Service Rules, 2012; (l) "Service" means the Balochistan Religious Affairs and Inter-Faith Harmony Department (Divisional and District Offices) (BPS-16 and above) Service; and (m) "Subordinate Service" means the Balochistan Religious Affairs and Inter-Faith Harmony Department (Divisional and District Offices) (BPS-1 to 15) Service. (2) Words and expressions used but not defined hereinabove sub-section (1), unless the context otherwise requires, shall have the same meanings as assigned to them in the Act. PART II RECRUITMENT 3. Eligibility and composition of the Service.----(1) No person who is married to a foreign national shall be eligible for appointment to the Service. (2) The restriction imposed hereinabove by sub-rule (1), may be relaxed by Government in case of a person who is married or proposed to marry a foreign national of any country recognized by Federal Government of Pakistan. (3) The Service shall comprise of the posts as specified in column 2 of the Appendix and such other posts as may be determined by Government from time to time. 4. Appointing Authority.---Appointment to the posts in the Service shall be made by the appointing authority as specified in rule 4 of the Balochistan Civil Servants (Appointment, Promotion and Transfer) Rules, 2009. 5. Method of Recruitment.---(1) The appointment to the posts in the Service shall be as specified in column 4 of the Appendix. (2) All the posts for initial recruitment shall be filled from amongst the candidates domiciled/local of Balochistan. 6. Age.---(1) No person, who is less than eighteen (18) years or more than thirty (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; and (ii) in case of a person whose services under the Government have been terminated for want of 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; (2) For the purpose of this rule, age shall be reckoned,-- (a) where recruitment is to be made on the basis of written examination, as on the first January of the year in which the examination is proposed to be held; and (b) in all other cases, as on the last date fixed for submission of application for appointment. 7. Qualifications.---(1) No person shall be appointed to a post in the Service by initial recruitment unless he possesses the qualifications prescribed for the post in column 3 of the Appendix. (2) 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. (3) 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. PART III CONDITIONS OF SERVICE 8. Probation.---(1) A Person appointed to the Service against a substantive vacancy shall remain on probation for a period of two years if appointed by initial recruitment, and for a period of one 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 notwithstanding 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 services. (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 has been appointed by initial recruitment, dispense with his services; 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; 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 been passed during or on the expiry of the initial probationary period. Explanation I.---If no orders have been made by the day following, completion of the initial probationary period, the period of probation shall be deemed to have been extended. Explanation II.---If no orders have been made by the day on which the maximum period of probation expires, the probationer shall be deemed to have been confirmed in his appointment from the date on which he was appointed to the post subject to the provisions of section 7, subsection (5) of the Act. (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 Government 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 Government, the appointing authority may,-- (a) in case he has been appointed by initial recruitment, dispense with his services; 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. 9. Seniority.---(1) The inter se seniority of the members of the Service appointed to posts in same grade shall be determined,-- (a) in the case of members appointed by initial recruitment, in accordance with the order of merit, assigned by the Selection Authority: Provided that, members selected for appointment to the service and grade 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 in the grade: Provided that if the date of continuous appointment in the case of two or more members of the Service appointed to the grade is the same; the older officer, if not junior to the younger officer in the next below grade shall rank senior to the younger officer. Explanation I.---If a junior officer 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 officer in the lower grade is promoted to a higher grade by superseding a senior officer and subsequently that officer is also promoted to the same grade, the officer promoted first, shall rank senior to the officer promoted subsequently. Explanation III.---A junior officer appointed to higher grade shall be deemed to have superseded a senior officer only, if both the junior and senior officers were considered for a Higher grade and the junior officer was appointed in preference to the senior officer. (2) The seniority in the various grades of the Service of the members thereof appointed by initial recruitment vis-a-vis those appointed otherwise shall be determined,-- (a) in case both officers appointed by initial recruitment and the officer 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 officer appointed by initial to such vacancy in case of an officer appointed by initial recruitment and to the date of continuous appointment against such vacancies in the case of an officer appointed otherwise: Provided that if the two dates are the same the officer appointed otherwise shall rank senior to the officer appointed by initial recruitment; (b) in case, the officer appointed by initial recruitment has been appointed against a substantive vacancy and the officer appointed otherwise, has been appointed against a temporary vacancy, the officer appointed by initial recruitment shall rank senior to the officer appointed otherwise; and (c) in case, the officer appointed otherwise is appointed against a substantive vacancy and the officer appointed by initial recruitment is appointed against a temporary vacancy, the officer appointed otherwise shall rank senior to the officer appointed by initial recruitment. 10. Liability to Transfer and Serve.---The member of the Service shall be liable to-- (a) transfer anywhere in Balochistan; and (b) to serve in any department of Government or any local authority or statutory body setup or established by Government: Provided that where a member of the Service is required to serve in a post outside his Service or cadre, his terms and conditions of service as to his pay shall not be less favourable than those to which he would have been entitled, if he has not been so required to serve. 11. 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 Government and made applicable to them. 12. Relaxation.---Any of these rules, for reasons to be recorded in writing, may be relaxed in individual cases if Government is satisfied that a strict application of these rules would cause undue hardship to the individual concerned: Provided that wherever such relaxation involves a question on which consultation with the Commission is mandatory, the Commission shall be consulted before the relaxation is made. 13. Delegation.---Government may delegate all or any of its powers under these rules to any officer subordinate to it. 14. Repeal.---The Balochistan Zakat Department (BPS-16 and above) Service Rules, 1998 are hereby repealed. APPENDIX [See rules 2 (1)(b), 3(3), 5(1) and 7(1)] S.No. Nomenclature and basic pay scale (BPS) of the post Minimum Qualification for initial recruitment Method of Recruitment 1 2 3 4 1. Deputy Director (B-18) ---- By promotion from amongst the members of the Service holding the post of District Zakat Officer (BPS-17), having at least five (5) years' service as such, on seniority cum fitness basis. 2. District Zakat Officer (BPS-17) Master's Degree (Second Division) in Statistics/Commerce/Economics, from a recognized University. (a) 25% by initial recruitment; and (b) 75% by promotion from amongst the members of the Service holding the post of Superintendent (BPS-16) having at least three (3) years' service as such, on seniority cum fitness basis. 3. Superintendent (BPS-16). ---- By promotion from amongst the members of the Subordinate Service holding the post of Assistant (BPS-14) having at least three (3) years' service as such, on seniority cum fitness basis.