CENTRES OF EXCELLENCE EMPLOYEES (CONDUCT) RULES, 1997
[Gazette of Pakistan, Extraordinary, part IV, 3rd December, 1997]
In exercise of the powers conferred by section 10 of the Centres of Excellence Act, 1974 (XXIV of 1974), the Federal Government is pleased to make the following rules namely‑‑‑
"Centres of Excellence Employees (Conduct) Rules, 1997. "
1‑ Short title commencement and application.‑‑‑(1) These rules may be called the Centres of Excellence Employees (Conduct) Rules, 1997.
(2) They shall come into force at once and shall apply to all employees of the Centre whether on duty or on leave, within or outside Pakistan.
- Definition.‑‑‑(1) In these rules, unless there is anything repugnant in the subject or context:‑‑
(a) Act means the Centre of Excellence Act (XXIV of 1974); and
(b) The "Competent Authority" means the Director or an Officer of the Centre to whom specific powers are delegated under the rules by the Board or as the case may be.
(c) "Director" means the Director of the Centre.
(d) Member of an employee's family includes:‑‑
(i) his wife, children and step children, parents, residing with and wholly dependent upon the employee; and
(ii) any other relative of the employee or his wife when residing with and wholly dependent upon the employee but does not include a wife legally separated from the employee, or a child or a step child who is no longer in any way dependent upon him or of whose custody the employee has been deprived by law.
(2) Reference to a wife in clause (d) of sub‑rule (1) shall be construed as reference to a husband where the employee is a woman.
Conforming to rules and regulations. ‑‑‑Every employee shall conform to and abide by the rules and regulations of the centre and shall observe, comply with and abide by all orders which may from time to time be given by any official employee under whose jurisdiction, superintendence or control, he may be placed.
Annual confidential reports.‑‑‑The Director will be solely responsible for writing the A.C.Rs. and all other confidential reports of the employees of the Centre.
Gifts.‑‑‑(i) Save as otherwise provided in this rule, no employee shall, except with the previous sanction of Director 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. If the offer of a gift cannot be refused without giving undue offence, it may be accepted and delivered to the Centre for decision as to its disposal;
(ii) 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 Director thereon shall be final; (iii) If any gift is offered by the head or representative of a foreign State, the employee concerned should attempt to avoid acceptance of such a gift, if he can do so without giving offence. If, however, he cannot do so, he shall accept the gift and shall report its receipt; to the Director for orders as to its disposal;
(iv) An employee may accept gifts offered abroad or within Pakistan by institutions or official dignitaries of foreign Government of comparable or higher level, provided that the value of gift in each case does not exceed Rs.1,000. An employee desirous of retaining a gift worth more than this limit, can retain it on payment of difference, after evaluation of the gift by a Committee headed by the Director. The gift should, however, first be offered for sale to the person; who received it from a foreign dignitary.
(v) All employees are prohibited from receiving gifts of any kind for their person or for members of their families from diplomats, counsellor and other foreign Government representatives or their employees who are stationed in Pakistan. If, however, due to very exceptional reasons, a gift cannot be refused, it should invariably be deposited with the Director.
(vi) All employees except those belonging to Grades 1 to 4, are prohibited, from accepting cash awards offered by the visiting foreign dignitaries. In case, however, it becomes .impossible to refuse without causing offence to the visiting dignitary, the amount may be accepted and immediately deposited with the Director.
- 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),
(a) An employee may, with the prior permission of his next higher officer, take part in the raising of funds to be expended for any public or charitable purpose.
(b) An employee may take part, with the prior sanction of the Director in the raising of funds to be expended for any public or charitable subject connected with the name of an other employee or a person who has recently quitted the service of the Centre.
(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 his next higher officer for scrutiny.
Gift to medical officer. ‑‑‑Subject to the departmental rules governing the question, a medical officer may accept with the approval of the Director any gift of moderate value offered in good faith by any person or body of persons in recognition of his professional services.
Subscription. ‑‑‑Subject to rule 6, no employee shall, except with the prior sanction of the Director 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.
Lending and borrowing. ‑‑‑(I) No employee shall lend money to, or borrow money 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 rules shall not apply to dealing 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, poses immovable property, or carry on business within the local limits of such authority he shall forthwith declare the circumstances to the Director through the usual channel.
(3) This rule, in so far as it may be construed to relate to loans given to or taken from cooperative societies registered under the Cooperative Societies Act, 1912 (II of 1912) or under any law for the time being in force relating to the registration of cooperative societies, by the employees shall be subject to any general or special restriction or relaxation made or permitted by the Director.
- Buying and selling of movable and immovable property.‑‑‑An employee who intends to transact any purchase sale or disposal by other means of movable or immovable property exceeding in value Rs.50,000 (Fifty Thousand Rupee only) with any person shall apply for permission to the Director. When the employee concerned is himself the Director of the Centre, he shall apply. to the Secretary of the Ministry concerned. Any such application shall state fully the circumstances, the price offered or demanded and in the case of disposal other than by sale, the method of disposal. Thereafter, such employee shall act in accordance with such orders as may be passed in the matter.
Explanation.‑‑‑In this rule the term "Property" includes agricultural or urban land, bonds, shares and securities but does not include a plot purchased for building a house from a cooperative housing society.
Construction of building etc.‑‑‑No employee shall construct a building, whether intended to be used for residential or commercial purposes, except with the previous sanction of the Director obtained upon an application made in this behalf disclosing the source from which the ~ cost of such construction shall be met.
Declaration of property.‑‑‑(I) Every employee shall, at the time of entering service, make a declaration to the director through the usual channel, of all immovable and movable properties including shares, certificates securities insurance policies and jewellery having a total value of Rs.50,000 (Rupees fifty thousand only) or more belonging to or held by him or a member of his family and such declaration shall;
(a) State the district with in which the property is situated.
(b) Show separately individual items of jewellery exceeding Rs.50,000 (Rupees Fifty Thousand only) in value, and
(c) Give such further information as the Centre may by general or special order, require.
(2) Every employee shall submit to the Director through usual channel, an annual return of assets in the month of December, showing any increase or decrease of property as shown in the declaration under sub‑rule (1) or, as the case may be the last annual return.
Disclosure of assets, immovable, movable and liquid.‑‑‑An employee shall, as and when he is so required by the Government of Pakistan by a general or special order, furnish information as to his assets disclosing liquid assets and all other properties, immovable and movable, including shares, certificates, insurance policies, jewellery.
Investment.‑‑‑(1) No employee shall speculate in investment. For the purpose of this sub‑rule, the habitual purchase and sale of securities of notoriously fluctuating value shall be deemed to be speculation in investment.
(2) 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 duty.
(3) No employee shall make any investment the value of which is likely to be affected by some event of which information is available to him as an employee and is not equally available to the general public.
(4) If any question arises whether a security or an investment is of, the nature referred to in any of the foregoing sub‑rule the decision of the Director thereon shall be final.
- Promotion and management of companies etc.‑‑‑No employee shall except with the previous action of the Director take part in the promotion, registration or management of any bank or company;
Provided an employee may subject to the provisions of any general or special order of the Director take part in the promotion, registration or management of a cooperative society registered under the Cooperative Societies Act, 1912 (II of 1912), or under any similar law.,
- Private trade, employment or work.‑‑‑(1) No employee shall, except with the previous sanction of the Director, engage in any trade of 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 literacy or artistic character subject to the conditions 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 Director. An employee who has any doubt about the propriety or undertaking any particular work should refer the matter for the orders of the Director.
Provided further that employees in BPS‑1 to 15 without such sanction, undertake a small enterprise which absorbs family labour and where he does, he shall file does not conflict or is not inconsistent with his position or assets.
(2) Notwithstanding anything contained in sub‑rule (1) no employee shall associate himself with any private trust foundation or similar other institution which is not sponsored by the Government.
(3) This rule does not apply to sports activities and membership of recreation clubs.
Employee not to live beyond his means, etc.‑‑‑No employee shall live beyond his means or indulge, in ostentation on occasion of marriage or other ceremonies.
Insolvency and habitual indebtedness. ‑‑‑An employee shall avoid habitual indebtedness. If an employee is adjudged or declared insolvent or the whole of the portion of his salary which is liable to attachment is frequently attached for debt, 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 or 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 or is adjudged or declared insolvent shall forthwith report his insolvency to the Director.
18‑A. Intimation of involvement and conviction in a criminal case.‑‑‑If an employee is involved as an accused in a criminal case, he shall bring the fact of such involvement or conviction, as the case may be to the notice of the Director immediately or, if he is arrested and released on bail, soon after such release.
Unauthorised communication of official documents of information.‑‑‑No employee shall except in accordance with any special or general order of the Director communicate directly or indirectly any official document or information to an employee not authorised to receive it, or to non official person, or to the press.
Approach to members of the assemblies etc.‑‑‑No employee shall directly or indirectly, approach any member of the National Assembly, Senate, Provincial Assembly or any other non‑official person to intervene on his behalf in any matter.
Management etc. of newspapers or periodicals.‑‑‑No employee shall, except with the previous sanction of the Director own wholly or in part, or conduct or participate in the editing management of any newspaper or other periodical publications.
Radio broadcasts or television programmes and communications to the press.‑‑‑No employee shall, except with the previous sanction of the Director or in the bonafide discharge of his duties, participate in a radio broadcast or television programme or contribute an article or write any letter either anonymously or in his own name or in the name of any other person's to any newspaper or periodical;
Provided that such sanction shall generally be granted if such broadcast or television programme or such contribution or letter 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 offend public order, decency or morality, or to amount to contempt of Court, defamations or incitement to an offence;
Provided further that no such sanction shall be required if such broadcast or television programme or such contribution of letter is of a purely literary, artistic or scientific character.
- Publication of information and public speeches capable of embarrassing 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 Centre or Government.
Provided that technical staff may publish research papers on technical subjects, if such papers do not express views on political issues or on Government Policy and do not include any information of a classified nature.
- Evidence before committees.‑‑‑(1) No employee shall give evidence before a public committee except with the previous sanction of the Director.
(2) No employee giving such evidence shall criticize the policy or decisions of the Centre or Government.
(3) This rule shall not apply to evidence given before statutory committees which have power to compel attendance and the giving of answers, or to evidence given in judicial inquiries.
- 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 permit any person dependent on him' for maintenance or under his care or control to take part in or in any way assist any movement or activity which is, or tends directly or indirectly to be subversive of Government as by law established in Pakistan.
(3) 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.
(4) No employee shall permit any member of his family dependent on him to act in a manner in which he himself is not permitted by sub‑rule (3) to act.
(5) An employee who issues an address to electors or in any other manner publicly announced himself or allows himself to be publicly announced as a candidate or prospective candidate for election to legislative body shall be deemed for the purpose of sub‑regulation (3) to take part in an election to such body.
(6) The provisions of sub‑rules (3) and (5) shall, so far as may be, apply to elections to local authorities or bodies, save in respect of employees required or permitted by or under any law or order of the Centre, for the lime being in force to be candidate at such elections.
(7) If any question arises whether any movement or activity falls within the scope of this rule the decision of the Director thereon shall be final.
- Propagation of sectarian creeds, etc.‑‑‑No employee shall propagate such sectarian creeds or take part in such sectarian controversies or indulge in such sectarian partiality and favouritism as are likely to affect his integrity in the discharge of his duties or to embarrass the administration, create feelings of discontent or displeasure amongst the employees in particular and amongst the people in general.
27 Nepotism, favouritism and victimisation, etc.‑‑‑No employee shall indulge in provincialism, parochialism favouritism, victimisation and wilful abuse of office.
- Vindications by employees of their public acts or character.‑‑‑An employee may not, without the previous sanction of the Director have recourse to any Court or to the press for the vindication of his public acts or character from defamatory attacks. In granting sanctions, the Centre will ordinarily bear the cast of the proceedings and in other cases leave the employee to institute them at his own expense. In the latter case, if he obtains a decision in his favour, the Centre may reimburse him to the extent of the whole or any part of the cost.
Nothing in this rule limits or otherwise affects the right of an employee to indicate his private acts or character.
- Membership of service associations.‑‑‑No employee shall be a member, representative or officer of any association representing or purporting to represent employees or any class of employees, unless such association satisfies the following condition 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 association which do not, satisfy condition (a).
(c) The association shall not be in way connected with any political party or organisation, or engage in any political activity.
(d) The association shall not;
(i) Issue or maintain any periodical publication except in accordance with any general or special order of the Director.
(ii) Except with the previous sanction of the Director publish any representation on behalf of in members, whether in the press or otherwise.
(e) 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) Undertake or 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;
(ii) Pay, or contribute towards, the expenses of any trade union which has constituted a fund under section 16 of the Trade Union Act, 1926.
Membership of non‑political associations.‑‑‑No employee shall accept membership of any non‑political association or organisation whose aims and objects, nature of activities and membership are not publicly known.
Use of political influence or other influence;‑‑‑No employee shall bring or attempt to bring political or other outside influence, directly or indirectly, to bear on the Centre or any employee in support of any claim arising in connection with his employment as such.
Approaching foreign missions and aid‑giving agencies.‑‑‑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.
Delegation of power.‑‑‑The Director may, by general or special order, delegate to any officer or authority subordinate to him all or any of its powers under these rules and may, by such order, prescribe the channel through which reports shall be made to the Director and the officers receipt by whom all such reports shall be regarded as receipt of the reports by the Director within the meaning of these rules.
Rules not to be in derogation of any law etc.‑‑‑Nothing in these rules shall derogate from the provisions of any law, or of any order of Government for the time being in force, relating to the conduct of the employees.