Chief Martial Law Administrator Order 1979, No. 69

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MARTIAL LAW ORDER

By

CHIEF MARTIAL LAW ADMINISTRATOR

No. 69

[Gazette of Pakistan, Extraordinary, Part I, 29th August 1979]

1. This Order may be called the Associated Press of Pakistan Employees' Conduct and Discipline Order, 1979.

2. It shall come into force at once and shall be deemed to have taken effect on fifth July 1977, and shall have effect notwithstanding anything tained in any other law for the time being in force or the terms and conditions of service of any employee.

3. In this Order, unless there is anything repugnant in the subject or context,-

(a) "Associated Press" means the Associated Press of Pakistan the undertaking of which was taken over by the Government under the Associated Press of Pakistan (Taking Over ) Ordinance, 1961 (XX of 1961) ;

(b) "employee" means an employee of Associated Press who was in the service of Associated Press immediately before its undertaking was taken . over by Government or has been appointed thereafter, whether temporarily or permanently, on contract or regular basis, and includes persons who were or are on probation or on assignments to other news agencies, corporations or Government departments, in Pakistan or abroad ;

(c) "Authority" means the Secretary to the Government of Pakistan in the Ministry of Information and Broadcasting.

**4.**Where it is brought to the notice of the Authority that any employee has indulged in activities which are prejudicial or detrimental to the interests of the Associated Press professionally, administratively or financially, or has connived at, or attempted to indulge in, any such activity, individually or jointly with any other employee, the Authority may cause a notice to be issued to such employee to show cause, within such period not exceeding seven days as may be specified in the notice, why any one of the penalties mentioned in paragraph 5 should not be imposed upon him for the reasons specified in the notice.

5. (1) The Authority may, after examining the explanation of the employee, if any, received in reply to the notice issued under paragraph 4, and after making further inquiries, if necessary, by order in writing impose any one of the following penalties upon the employee, namely :-

(a) dismissal from service ;

(b) removal from service ;

(c) reduction in rank ;

(d) stoppage, for a specified period, of further promotion ;

(e) stoppage, for a specified period, of annual increment ;

(f) warning ; and

(g) censure.

(2) In addition to a penalty imposed upon an employee under sub. paragraph (1), the Authority may order, if it deems fit, the recovery from the employee of such amounts as might have been misappropriated by, or lost to the Associated Press, on account of any wilful or negligent act of, the employee.

(3) Any amount ordered to be recovered under sub-paragraph (2) shall be recoverable as an arrear of land revenue.

6. An employee against whom any order under paragraph 5 has been made may prefer an appeal to the Chief Martial Law Administrator within fifteen days of the making of such order ; and the order of the Chief Martial Law Administrator in appeal shall be final.

7. No action taken, order passed, thing done or power exercised under this Order shall be called in question by or before any Court or other authority.

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