National Accountability Bureau (NAB) Employees Terms and Conditions of Services (TCS) 2002

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NATIONAL ACCOUNTABILITY BUREAU (NAB) EMPLOYEES TERMS AND CONDITIONS OF SERVICES (TCS), 2002

[Gazette of Pakistan, Extraordinary, Part II, 7th November, 2002]

S. R. O. 780(I)/2002, dated 26-10-2002.-- In exercise of the powers conferred by section 28-C of the National Accountability Bureau Ordinance, 1999 (Ordinance No. XVIII of 1999), the Chairman NAB determines the following terms and conditions of services with the approval of Chief Executive of Pakistan except the section 3.02, 14.04 and 14.07, namely:--

CHAPTER - I

SHORT TITLE, COMMENCEMENT AND APPLICATION

1.01. Short title

These terms and conditions of services may be called National Accountability Bureau (NAB) Employees Terms and Conditions of Services (TCS), 2002.

1.02. Commencement and Application

These terms and conditions of services (TCS) shall come into force at once and shall apply to all employees of the National Accountability Bureau other than:

(a) Chairman, Deputy Chairman and Prosecutor General Accountability; or

(b) a person who is serving on deputation from the Federal or the Provincial Government or from a corporation, statutory body or Local Fund or an autonomous body etc; or

(c) a person who is employed on contract basis or on daily basis or paid from contingencies or appointed for a specific period; or

(d) a person who is a worker or workman as defined in the Factories Act, 1934 (XXV of 1934) or the Workman's Compensation Act, 1923 (VIII of 1923).

CHAPTER-2

2.01 Definitions

In these terms and-conditions of services (TCS) unless there is anything repugnant to the subject or context:

(i) "Appointing Authority" means a person or authority authorized to make appointment to a post.

(ii) "Basic pay scales" means pay scales prescribed by the Federal Government and adopted by the NAB.

(iii) "Cadre" means the strength of a service or a post of a service sanctioned as a separate unit.

(iv) "Chairman" means a person who is appointed as such by the President of Pakistan under section 6 (b) of the NAB Ordinance, 1999.

(v) "Chief Executive" means the Chief Executive of Pakistan or the Prime Minister of Pakistan as the case may be.

(vi) "Competent Authority" and "Authorised Officer" means a person or authority designated as such in chapter 11 of these terms and conditions of services (TCS), to exercise the powers of Competent Authority or Authorised Officer in disciplinary matters.

(vii) "Confirmation" means substantive appointment to a permanent post.

(viii) "Day" means a calendar day, beginning and ending at mid night.

(ix) "Deputy Chairman" means a person who is appointed as such by the President of Pakistan under section 7(a) of the NAB Ordinance, 1999.

(x) "Departmental Promotion Committee" means a committee constituted for the purpose of making recommendations for appointment by promotion or transfer to the posts in BPS 18 and below.

(xi) "Departmental Selection Committee" means a committee constituted for the purpose of making selection for initial appointment to the posts in BPS 18 and below.

(xii) "Duty" includes the performance of the normal work and

(a) period spent on training or courses, conferences and meetings etc., in or outside Pakistan with the approval of the competent authority in the NAB.

(b) compulsory waiting for posting, attending obligatory departmental examination;

(c) service as a probationer;

(d) joining time, and journey from and to the place of posting;

(e) travel period spent away from normal place of work on official assignment as ibid.

(xiii) "Employee" means an officer or member of staff appointed by the NAB and includes its other employees who may, for the time being, be serving in another organization but does not include those belonging to other organizations who may be serving in the NAB.

(xiv) "Family" means employee's spouse, children and stepchildren, residing with and wholly dependent upon him. Except where otherwise specified, it includes his parents, sisters and minor brothers, if residing with and wholly dependent upon him.

(xv) "Federal Government" means the Government of Pakistan.

(xvi) "Government" means the Federal Government.

(xvii) "Head of department" means a person whom the Chairman may by order declare to be the head of department for the purpose of these terms and conditions of services (TCS).

(xviii) "Honorarium" means the remuneration granted to an employee of the NAB on accomplishment of the special work of an occasional nature.

(xix) "Initial appointment" means appointment made on recommendation of the Departmental Selection Committee otherwise than by promotion or transfer.

(xx) "Joining time" means the time permissible to an employee to join a new post or spent to travel from or to a station to which he is posted.

(xxi) "Lien" means the title of an employee to hold substantively. a permanent post to which he has been appointed and confirmed.

(xxii) "Methods of Appointment and Qualifications (MAQ)" means the conditions for initial appointment and promotion to various posts as laid down under sub-para (2) of para 3.04 of these terms and conditions of services (TCS).

(xxiii) "NAB" means the National Accountability Bureau constituted under section 6 (a) of NAB Ordinance, 1999.

(xxiv) "Ordinance" means the National Accountability Bureau Ordinance, 1999 (No. XVIII of 1999).

(xxv) "Pay" includes the amount drawn monthly by an employee as salary, special pay, technical pay, qualification pay and any other emoluments classified as pay by the NAB.

(xxvi) "Penalty" means a penalty as prescribed in these terms and conditions of services (TCS).

(xxvii) "Permanent Post" means a post carrying a definite rate of pay sanctioned without limit of time.

(xxviii) "Personal Pay" means additional pay granted to an employee:

(a) to save him from loss of substantive pay in respect of a permanent post due to revision of pay or any reduction of such substantive pay otherwise than as a disciplinary measure; and

(b) in exceptional circumstances on other personal considerations.

(xxix) "Prescribed" means prescribed by and under these terms and conditions of services (TCS).

(xxx) "Probation" means the period for which an employee is placed on probation in a vacancy on initial appointment or otherwise.

(xxxi) "President" means the President of Pakistan.

(xxxii) "Prosecutor General Accountability" means a person who is appointed as such by the President of Pakistan under section 8(a)(i) of the NAB Ordinance, 1999.

(xxxiii) "RNAB" means Regional National Accountability Bureau.

(xxxiv) "Selection Board" means a Board constituted for the purpose of making selection for initial appointment and appointment by promotion or transfer to posts in basic pay scales 19 and above or equivalent.

(xxxv) "Service" means the service constituted under these terms and conditions of services (TCS).

(xxxvi) "Subsistence grant" means the emoluments as prescribed under Fundamental Rules and paid to an employee during the currency of his suspension from service.

(xxxvii) "TCS" means these terms and conditions of services determined under section 28(c) of the NAB Ordinance, 1999.

(xxxviii) "Temporary post" means a post other than a permanent post carrying a definite rate of pay.

2.02 Appointment on Regular Basis

An appointment made in the prescribed manner by initial appointment or promotion or transfer in accordance with these terms and conditions of services (TCS) shall be deemed to have been made on regular basis.

CHAPTER-3

APPOINTMENT

PART-I

General Provisions

3.01 Cadres and Posts

The NAB shall have a service divided into different cadres and each cadre shall consist of the sanctioned posts:

Provided that posts created for work of a regular permanent nature shall form addition to the cadre strength.

3.02 Creation Up-Gradation and Abolition of Posts

The Chairman shall:

(1) create such new posts as may be necessary;

(2) change nomenclature of any post;

(3) upgrade or down grade any post; and

(4) abolish any post.

3.03 Competent Authorities

The authorities competent to make appointment to various posts shall be as follows:

|--------------------------------------------------------|-----------------------------------------------------------------------| | (1) Post in basic pay scale 19 and above or equivalent | Chairman | | (2) Post in basic pay scale 16 to 18 or equivalent | Director General (Admin) (BPS-21) Headquarters Office. | | (3) Post in basic pay scale 1 to 15 or equivalent | Director (BPS-20), Headquarters Office or Incharge of RNAB concerned. |

3.04 Methods of Appointment and Qualifications etc.,

(1) Subject to para (3) and (4) below appointment to posts shall be made on regular basis by any of the following methods, namely:-

(a) By initial appointment in accordance with Part-II.

(b) By promotion in accordance with Part-III.

(c) By transfer in-accordance with Part-IV.

(2) The method of appointment, qualification and experience and other conditions for various posts shall be laid down by the NAB, in consultation with the Establishment Division.

(3) Appointment to 10% posts in each cadre shall be made by induction of officers or personnel of Armed forces as the case may be.

(4) Quota reserved for disabled persons and women shall be observed as per Government instructions.

3.05 Selection Board

The Chairman shall constitute a Selection Board for the purpose of making selection for initial appointment and for appointment by promotion or transfer to posts in basic pay scale 19 and above or equivalent. This Board shall consist of not less than three members of BPS-21 or above.

3.06 Departmental Selection Committees

(1) There shall be constituted Departmental Selection Committees for initial appointment to posts in basic scales 18 and below or equivalent as under :-

(i) Departmental Selection Committee- I for initial appointment to posts in basic pay scale 16 to 18.

(ii) Departmental Selection Committee-2 for initial appointment to posts in basic pay scales 1 to 15.

(2) The Departmental Selection Committees shall consist of at-least three Members including the Head. The Departmental Selection Committee 1 shall be constituted with the approval of Chairman and the Departmental Selection Committee-2 shall be constituted with the approval of Director General (Administration) Headquarters Office.

3.07 Departmental Promotion Committees

For appointment by promotion or transfer, the Departmental Selection Committees I and 2 as the case may be, function as Departmental Promotion Committees 1 and 2 respectively.

3.08 Composition of Departmental Selection Committees

The composition of Departmental Selection Committee shall be as follows:

Departmental Selection Committee-1

An officer of BPS-21, Two Officers of BPS-20.

Departmental Selection Committee-2

An Officer of BPS-21, Two Officers of BPS 19.

PART-II

Initial Appointment

3.09 Recommendations of Selection Board or Committee

(1) Initial appointment to posts in basic pay scale 19 and above shall be made by the appointing authority in the NAB on the recommendations of Selection Board which shall recommend on merit the most suitable candidate for the vacancy.

(2) Initial appointment to posts in basic pay scales 18 and below shall be made by appointing authority on the recommendations of the relevant Department Selection Committee.

3.10 Advertisement of Vacancy

All vacancies to be tilled in by initial appointment shall be advertised in national and regional newspapers.

3.11 Fulfillment of prescribed Conditions

A candidate for initial appointment must fulfill the prescribed conditions including educational qualifications and experience and must- be within the age limits for the post as laid down in the Methods of Appointment and Qualifications (MAQ).

3.12 Quota for Armed Forces

The officers and personnel of Armed Forces will be inducted in the posts equivalent to Army rank civil formula, up to 10% of vacancies in all cadres, provided they possess the requisite educational and other qualifications and are of vise suitable.

3.13 Nationality and Citizenship

Only the citizen of Pakistan shall be eligible for appointment to a post in the NAB provided that this requirement may be relaxed by the Chairman with the consent of the Federal Government.

3.14 Persons with Foreign Spouse

A person married to a person who is not a citizen of Pakistan shall not be appointed to a post in the NAB except with the approval of Chairman.

3.15 Relaxation in Maximum Age Limit

(1) Maximum age limit as prescribed shall be relaxed upto the age of fifty-five (55) years in respect of the candidates mentioned in column (2) below to the extent mentioned against each under-column (3):-

|---------|-------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------| | Sl. No. | Category of Candidates | Age relaxation admissible | | 1 | 2 | 3 | | (i) | (a) Candidates belonging to Scheduled Castes, Buddhist Community, recognized Tribes of the Tribal Areas, Azad Kashmir and Northern Areas. | 3 years | | | (b) Candidates belonging to Sindh(R) and Balochistan for posts in BPS-15 and below. | 3 years. | | (ii) | Released or Retired Officers and personnel of the Armed Forces of Pakistan. | 15 years or the number of years actually served in the Armed Forces of Pakistan whichever is less. | | (iii) | Government servants who have completed 2 years continuous Government service on the closing date for receipt of applications. | 10 years | | (iv) | Disabled persons for posts in BPS-15 and below: | 10 years |

(2) Where a candidate is entitled to age relaxation under more than one categories specified in sub-para (1), he shall be allowed relaxation in age only in one category.

(3) Subject to sub-para(2) the maximum age limit prescribed for initial appointment for the time being in :once shall be relaxed by a period of five years; such relaxation in upper age limit shall be above the relaxation of age admissible to candidates specified in sub-para (1) or in any other rules or instructions for the time being in force.

3.16. No Relaxation in Minimum Age

No person who is less than 18 years of age shall be appointed to a post by initial appointment.

3.17 Observance of Quotas

(1) Vacancies in all posts in basic pay scales 16 and above and such posts in basic pay scales 3 to 15 which serve the whole of Pakistan shall be filled on all Pakistani basis in accordance with the following merit and provincial/regional quotas prescribed by the Federal Government.

|-------------------------------------------------------------------------------------------------------------------|-------------| | Merit Quota | 10% | | Punjab (including Federal area of Islamabad) | 50% | | Sindh (including Karachi) | 19% | | The share of sindh will be further sub-allocated in the following ratio Urban areas namely Karachi. Hyderabad and | 40%, of 19% | | Sukkur | or 7.6%0 | | Rural areas i.e. rest of Sindh excluding Karachi, | 60% of 19% | | Hyderabad and Sukkur | or 11.4% | | N.W.F.F. | 11.5% | | Northern Areas and Federally Administered Tribal Areas. | 4% | | Azad Kashmir | 2% |

(2) Vacancies in posts in basic pay scales 3 to 15 in an office which serves only a particular province or region shall be filled by persons domiciled in the province or region concerned.

(3) Vacancies in basic pay scale 1 and 2 shall ordinarily be filled locally.

(4) Posts in each pay scale shall be considered separately for allocation to merit and provincial/regional quotas.

(5) The merit and provincial/regional quotas pertaining to vacancies to be filled in on the basis of same advertisement shall be worked out upto three decimal points and the share of province/region remaining unfulfilled shall be carried over and filled on subsequent advertisement.

(6) Quota for disabled persons shall be as laid down by the Federal Government from time to time.

3.18 Acceptance of Domicile Claim

The domicile of the candidate for service in the NAB shall be determined as under:

(1) The candidate shall be considered for appointment only against the quota of the province/region to which the father of such a candidate belongs.

(2) A migrant candidate, whether residing in Pakistan or abroad, shall be considered for appointment only against the quota of the province/region where his parents are domiciled and where they have resided for at least 3 years.

(3) In case the parents of migrant candidate have not migrated to Pakistan, he should be considered for appointment against the quota of the province/region where he himself is domiciled and has resided or has been educated for a continuous period of three years immediately before applying for appointment and consideration against the quota of a province/region.

(4) The domicile of a married female candidate shall be accepted as that of her husband.

(5) The domicile of an employee as declared at the time of first entry in the service of the NAB and accepted by the appointing authority, shall be treated as final and no change therein shall be accepted for the purpose of terms and conditions of services (TCS).

3.19 Certificate of Medical Fitness

(1) A candidate for initial appointment must be in good mental and bodily health and free from any physical defect likely to hinder him in discharge of his duties.

(2) No person shall be initially appointed unless declared fit in all respects and provides a certificate to that effect from medical board or medical officer specified by the appointing authority and in the prescribed form.

3.20 Good Moral Character

No person who is not already in the service of the NAB or the Federal/Provincial Government or any body set up or managed by the Government shall be appointed unless he produces a certificate of good moral character from an officer of basic pay scale 17 and above in the service of the Federal Provincial Government or an officer of basic pay scale 17 and above or equivalent in the service of any corporation or organization set up or managed by such Federal/Provincial Government.

3.21 Conduct and Antecedents

Character and antecedents of a candidate other than the one who is already in the service of the NAB or holding a post in the Federal or provincial Government, shall be verified and the appointment shall be made only if, in the opinion of the appointing authority, the character and antecedents are satisfactory.

PART-III

Appointment by Promotion

3.22 Classification of the Posts

The posts in the cadres are classified as under :-

(1) The Posts in basic scale 19 and above are selection posts to which promotion will be made by selection on merit.

(2) Posts in basic scale 18 and below are non-selection posts to which promotion will be made on the basis of seniority-cum-fitness.

3.23 Criteria of Eligibility

An employee possessing such minimum qualification and length of service and fulfilling such other conditions as specified for promotion shall be eligible for promotion to a higher post for the time being reserved for promotion in the cadre to which he belongs.

3.24 Manner of Processing

(1) Promotion to posts in basic pay scale 19 and above shall be made by the appointing authority on the recommendation of the Selection Board.

(2) Promotion to posts in basic pay scale 18 and below shall be made by respective appointing authority on the recommendation of the concerned Departmental Promotion Committee.

(3) The Selection Board or the Departmental Promotion Committee, as the case may be, shall consider the case of eligible employees in the order of their seniority and either:-

(a) recommend an employee for promotion; or

(b) recommend an employee for supersession on the ground of being unfit for promotion at the time of consideration; or

(c) defer consideration of promotion of an employee provided that this step will be taken only if:

(i) the CR dossier is incomplete or any other document or information required by the Selection Board/Departmental Promotion Committee for determining employee's fitness for promotion is not available; or

(ii) disciplinary or departmental proceedings are pending against the employee whose promotion case comes up for consideration before the Selection Board/Departmental Promotion Committee; or

(iii) the employee is on deputation abroad to a foreign government, private organization or an international agency; or

(iv) the employee does not possess the requisite length of service or

(v) the employee has not undergone the prescribed training or, passed the departmental examination for reasons beyond his control ;or

(vi) the employees" seniority is subjudice.

Provided that in case of deferment a vacancy shall be reserved for the employee or if it is tilled, it shall be subject to the condition that when the employee is subsequently promoted without having been superseded, the arrangement may be reversed and the junior person will be reverted to his lower post.

(4) An employee who is superseded will not be considered for promotion again unless he has earned one more confidential report for full year.

(5) An employee who is deferred will be considered for promotion as soon as the reason for which he was deferred ceases to exist.

3.25 Fulfillment of Minimum Service

(1) promotion to posts in basic pay scale 18 and above shall be subject to fulfillment of minimum length of service by the employee as specified below:-

|----------------------------------------------|---------------------------------------------------| | For promotion to posts in basic pay scale 18 | 5 years in basic pay scale 17 | | For promotion to posts in basic pay scale 19 | 12 years service in basic pay scale 17 and above. | | For promotion to posts in basic pay scale 20 | 17 years service in basic pay scale 17 and above. | | For promotion to posts in basic pay scale 21 | 22 years service in basic pay scale 17 and above. |

Provided that

(a) When initial appointment of a person not being an employee of the NAB takes place in a post in basic pay scale 18, 19 or 20 the length of service specified above shall be reduced for the purpose of promotion to higher posts as specified below:-

|--------------------|----------| | Basic pay scale 18 | 5 years | | Basic pay scale 19 | 12 years | | Basic pay scale 20 | 17 years |

(b) Where initial appointment of a person already in the employment of the NAB takes place in a post in basic pay scale 18. 19 or 20, the length of service specified for promotion shall be reduced for the purpose of promotion to higher posts as in (a) above.

(c) When first appointment of a person other than a person in (b) above was made in the NAB in a post in basic pay scale 16 or below, one half service in basic pay scale 16 and one fourth in basic pay scale 15 and below may be counted as service in basic pay scale 17 for computing length of service for promotion only.

(2) Periods of extra-ordinary leave or any other period of service which is not reckoned as service qualifying for pension shall not be counted towards prescribed length of service for promotion.

3.26 Conditions Prescribed for Promotion to Selection Posts

For promotion to selection posts in BPS-19 and above employee must fulfill the following conditions as prescribed from time to time by the Government:

(i) Qualifying Service

(ii) Eligibility threshold (minimum score/marks in CRs),

(iii) Qualifications as prescribed by Methods of Appointment and Qualifications (MAQ).

(iv) Relevance of Experience.

(v) 'Quality or output of work' and integrity

(vi) Training etc.,

3.27 Priority of Filling Promotion Posts

Where cadre has a definite quota reserved for initial appointment and promotion, promotion against promotion quota may, as far as possible be made first and the posts reserved for initial appointment filled later. However this would not be construed as a vested right.

PART-IV

Appointment by Transfer

3.28 Appointment in Public Interest

An appointment by transfer from a post in one cadre to a post in another cadre shall be made in the public interest with the approval of the appointing authority:

Provided that no appointment by transfer shall be made without consent of the employee concerned.

3.29 Regular Incumbents to be Considered

Appointment by transfer shall be made from amongst persons holding appointment on regular basis in a post in the same basic pay scale or equivalent to or identical with the post to be filled.

3.30 Possessing Qualifications for Initial Appointments

Only an employee possessing the qualifications and other conditions laid down for initial appointment to the post on which appointment by transfer is being made, shall be considered by the Selection Board or the Departmental Selection Committee, as the case may be, for appointment by transfer.

PART-V

Appointment On Deputation

3.31 Appointment to be made Sparingly

Appointment by deputation to a post be made sparingly and only in the interest of the NAB

3.32 Conditions of Deputation

(1) The appointing authority may appoint on deputation a Federal or a Provincial Government servant or an employee of an organization set up or managed by such Government who is holding an appointment on regular basis against an equivalent post in the NAB.

(2) The appointment shall be made with the consent of the lending authority for such period and on terms and conditions as may be determined by the appointing authority in the NAB in consultation with the lending authority

(3) A person on deputation may be allowed deputation allowance with the consent of the lending authority and the NAB.

PART-VI

Appointment on Contract

3.33 (1) Appointment on contract in a post in the NAB, maybe made when it is not possible to fill a post in the prescribed manner and it is necessary to do so in the interest of the NAB.

(2) Appointment shall be made on specific terms and conditions which are acceptable by the person who is being appointed. For this purpose the terms of contract may be regulated under the Government orders and instructions, as amended from time to time.

PART-VII

Appointment on Acting Charge Basis

3.34 (1) Where the appointing authority considers it to be in public interest to fill a post in basic pay scale 18 and above reserved for promotion and the most senior employee belonging to the cadre concerned who is otherwise eligible for promotion does not possess the prescribed length of service the appointing authority may appoint him to the post on acting charge basis.

(2) So long as the employee holds the acting charge appointment, an employee junior to him shall not be considered for regular promotion but may be appointed on acting charge basis to a higher post.

(3) Acting charge appointment shall be made against posts which are likely to fall vacant for a period of six months or more.

(4) On appointment on acting charge basis, the employee-shall assume full responsibilities of the post and exercise all statutory, administrative and financial powers vested in the regular incumbent of the post.

(5) Acting charge appointment shall not amount to promotion on regular basis for any purpose including the inter-se-seniority of the incumbents in the cadre.

(6) Acting charge appointment shall not confer any vested right for regular promotion to the post held on acting charge basis.

(7) During the period an employee holds charge of a post on acting charge basis, he shall draw pay equal to minimum stage at which his pay would have been fixed had he been appointed to that post on regular basis but the service rendered on acting charge basis in the scale applicable to the post shall begin to count for increment in that scale from the date on winch he completes the prescribed length of service for regular promotion to that post:

Provided that if at any time during his appointment on acting charge basis the pay of the employee in the lower post exceeds his pay on acting charge appointment lie will draw his pay of the lower post. The service rendered on acting charge basis shall also count towards increment in the scale of the post held prior to appointment on acting charge basis.

PART-VIII

Additional Charge and Current Charge of Post

3.35 Additional Charge

If a post falls vacant and it is not possible to fill it in the prescribed manner the work of the post shall as far as possible, be distributed among one or more employees of the same status and designation. However where this is not practicable the charge of the vacant post maybe entrusted in its entirety, with the specific approval of the Chairman, to another employee at the same station. This arrangement should not be made for a period of less than one month and should not exceed three months. However, it may be extended for another three months with the approval of the Government.

3.36 Current Charge of Higher Post

Where a temporary vacancy occurs for not more than two months and no arrangement is immediately made for carrying out day to day work of the post, the charge of the vacant post may be given with the approval of the relevant appointing authority, in addition to the duties of his own post, to the senior most employee in the cadre present at the place if he is otherwise fit and eligible for promotion. The arrangement shall be subject to the following conditions:-

(a) The arrangement shall not be made for a period less than one month and should not exceed three months. However, it may be extended by another three months with the approval of the next higher authority and where the Chairman is the next higher authority in granting extension, extension beyond six moths shall require approval of the Government.

(b) As soon as the current charge is given a proposal for regular appointment shall be initiated and processed.

(c) In making current charge arrangement. The senior most employee of the cadre available and present at the place where the vacancy has occurred, shall be considered.

(d) The length of service prescribed for promotion shall, however, not apply in such cases.

CHAPTER-4

PROBATION

4.01 Probation Period

(1) A person appointed by initial appointment or an employee on appointment by promotion or by transfer will be placed on probation for a period of one year.

(2) The period of probation may be curtailed for good and sufficient reasons, to be recorded by the appointing authority, or if considered necessary, it may be extended for a period not exceeding, one year as may be specified at the time of appointment.

4.02 Completion of Probation

(1) An employee appointed by initial appointment shall not be deemed to have completed his period of probation satisfactorily until his character and antecedents have been verified to the satisfaction of the appointing authority.

(2) On the successful completion of the period of probation, the appointing authority shall, by specific order, terminate the probation.

(3) If no order is issued under sub-para (2) after consideration of the case on the expiry of first year probation, the period of probation shall be deemed to have been completed satisfactorily subject to provisions of sub-para (1) above and para 4.03 below.

4.03 Passing of Examination

Where in respect of any post the satisfactory completion of probation includes the passing of an examination, test or course or successful completion of any training, a person appointed on probation to such post who before the expiry of the original or extended period of his probation, has failed to pass such examination or test or complete successfully the course or training shall, except as may be prescribed otherwise-

(a) be discharged from service if he was appointed to such post by initial appointment:

Provided that if 'a person concerned holds a lien on a post in the NAB, his service shall not be terminated and he shall be reverted to that post ; and

(b) be reverted to the post from which he was promoted or appointed by transfer.

CHAPTER-5

CONFIRMATION

5.01 Principles and Eligibility

(1) An employee appointed by initial appointment or by promotion or transfer to a post in the NAB shall on satisfactorily completion of his probation, be eligible for confirmation.

(2) The confirmation shall be made only against a permanent post.

(3) Two or more employees shall not be confirmed in the same post and at the same time or in post in which another employee holds a lien.

(4) An employee shall not be confirmed on two or more posts at the same time.

(5) An employee shall be considered for confirmation strictly in order of his seniority.

(6) No confirmation shall be made against the post vacated on dismissal, removal or compulsory retirement of an employee until the appeal, if any, against such dismissal, removal or compulsory retirement is finally decided.

(7) An employee who during the period of service was eligible for confirmation in any post retires from service before such confirmation shall not, merely by reason of such retirement, be refused confirmation in. such post or any benefits accruing therefrom.

(8) Confirmation of an employee in a post shall take effect from the date of occurrence of permanent vacancy in that post or from the date of continuous regular officiation in such post whichever is later.

5.02 Processing of confirmation Cases

(1) The appointing authority in the NAB shall confirm an employee on the recommendation of the Selection Board or the relevant Department Selection Committee as the case may be.

(2) The Board or Committee, as the case may be, shall scrutinize the service record of the employee including his annual confidential reports and determine whether he is fit for confirmation.

(3) In case an employee is not, for the time being, fit or a disciplinary case is pending against him, the Board or the Committee will defer the case and a vacancy shall be reserved for him.

(4) When the case of an employee is deferred, he should be considered for confirmation as soon as the reason for which the deferment took place ceases 10 exist or if the deferment was due to unfitness, as soon as he earns one or more confidential reports for one or more years. As and when he is confirmed, it shall take effect from the date specified in sub-para (8) of Para 5.01.

5.03 Retention of Lien

On confirmation in a permanent post, an employee shall acquire a lien in that post and shall retain it during the period when he :-

(a) performs duties of that post;

(b) holds a temporary post other than a post in the cadre which he was originally appointed;

(c) holds a post on deputation with a foreign government, an international organization, a multinational corporation or any other organization outside Pakistan, with the Federal or Provincial Government of in a corporation or a body set up or managed by the Federal or Provincial Government;

(d) is on joining time on transfer to another post;

(e) is under suspension;

(f) is called for duty in the armed forces as a reservist; and

(g) is on leave;

5.04 Termination of Lien

(1) Notwithstanding the consent of an employee, his lien on a post in the NAB shall not be terminated until he acquires lien on any other post in the NAB or a post under the Federal or Provincial Government.

(2) The lien of an employee who is reduced in rank or reserved to a lower post as a consequence of disciplinary proceedings, shall be terminated against the post from which he is reduced in rank, or as the case may be, reverted to a lower post.

(3) An employee shall cease to hold lien against a post if he takes up an appointment on selection in an autonomous body or a corporation or body set up or managed by the Federal or Provincial Government or a private organization.

(4) A confirmed employee who, on his own accord, joins some other service on regular basis outside the NAB i.e. in an autonomous body or a corporation or a body set up or managed by the Federal or Provincial Government, shall have, after being selected, through a regular selection process, the right of reversion to the previous post against which he shall hold lien only during the period of his probation for the new appointment.

CHAPTER-6

SENIORITY

6.01 Inter-se-seniority of Employee

For proper administration of a cadre or post, the appointing authority shall cause a seniority list of the members for the time being of such cadre or holders of such posts to be prepared, but nothing contained shall be construed to confer any vested right to a particular seniority in such cadre or post.

6.02 Reckoning of Inter-se-Seniority

Subject to para 6.01 above, seniority of an employee shall be reckoned in relation to other employees belonging to the same cadre or post, whether serving in the same cadre or post or not, as provided in these TCS.

6.03 Inter-se-Seniority on Initial Appointment

(1) The seniority of an employee on initial appointment to a cadre or post hall take effect from the date of regular appointment to the post to which he has been initially appointed.

(2) Persons initially appointed through an earlier open advertisement shall rank senior to those appointed through subsequent open advertisement.

(3) If two or more persons are appointed through the same advertisement or selection, their inter-se-seniority shall be determined in the order of merit assigned to them by the selection authority. If no merit was assigned, the person older in age shall be senior.

6.04 Drawing of Inter-se-Seniority on Promotion

Seniority to a cadre or post to which an employee is promoted shall take effect from the date of regular promotion to that post:

Provided that:

(a) employees selected for promotion to a higher post or on earlier date shall be senior to those selected for such promotion on a later date.

(b) employees selected for promotion to a higher post in one batch shall, on their promotion to the higher post, retain their inter-se-seniority as in the lower post; and

(c) an employee eligible for promotion who is inadvertently omitted from promotion in the original reference or whose case is held up in circumstances beyond his control while his juniors are promoted to the higher post, shall, on promotion without having been superseded, take his seniority with the original batch.

6.05 Inter-se-Seniority on Appointment by Transfer

Seniority in a cadre or post to which an employee is appointed by transfer shall take effect from the date of regular appointment to that post.

(a) employees belonging to the same cadre or post selected for appointment by transfer to a cadre or post in one batch shall, on their appointment, take inter-se-seniority in the order of their date of regular appointment as in the previous cadre or post ; and

(b) employees belonging to different cadres or posts selected for appointment by transfer to a cadre or post in one batch shall take their inter-se-seniority in the order of the date of their regular appointment and where such date is the same, the person older in age shall rank senior.

6.06 Inter-se-Seniority of Employees Appointed in a Calendar Year

Employees appointed by transfer in a particular year shall, as a class, be senior to those appointed by promotion or by initial appointment to such posts in that year and employees promoted to higher posts in a particular calendar year shall, as a class, be senior to those appointed by initial appointment to such posts in that year:

6.07 Seniority of the Armed Forces Officers

Officers of the Armed Forces of Pakistan who are inducted in a cadre or post in accordance with para-3.12 shall take seniority in that cadre or post from the date of such induction:

Provided that officers inducted in one batch shall on induction retain their inter-se-seniority as in the Armed Forces of Pakistan.

CHAPTER-7

POSTING AND TRANSFER

7.01 Transfer to Equivalent Post

(1) An employee shall be liable to serve in any equivalent post in the NAB or RNAB offices wherever functioning or set up in future.

(2) Posting of an employee on a particular post unless decided otherwise may not exceed three years.

7.02 Authority Competent to Transfer within the NAB

(1) The Director General (Administration) of the NAB may transfer employees holding posts in basic pay scale 18 or below within a cadre. Such transfer in the case of employees in basic pay scale 19 and above within cadre will be made by the Chairman.

(2) The authority competent to make appointment to a post in a cadre may transfer an employee, in the interest of the NAB, to another equivalent post outside the cadre.

7.03 Deputation within Pakistan

(1) The Chairman in the case of an employee in basic pay scale 17 and above and the Director General (Administration) in the case of an employee in basic pay scale 16 and below, called as lending authority, may, in public interest, sanction transfer of an employee on deputation, for a specified period not exceeding five years, to the Federal Government, a Provincial Government or any organization set up or managed/controlled by such Government, called as borrowing authority, on such terms and conditions as may be agreed upon between the lending and borrowing authorities.

(2) During the period of deputation an employee shall remain under the rule making control of the NAB and except as may be mutually agreed upon between the lending and the borrowing authorities, he shall continue to be governed by the TCS of the NAB:

(3) An employee transferred on deputation while he is on leave shall cease to be on leave and to draw leave salary from the transfer.

(4) An employee on deputation shall draw pay from the borrowing authority from the date of relinquishment of charge in the NAB and subject to any restriction as the Chairman may impose by general order, the amount of pay, the joining time admissible to him and the amount of pay thereof will be fixed by the authority sanctioning the transfer in consultation with the borrowing authority.

(5) An employee on deputation reverts to the NAB on the date he assumes charge of his post in the NAB. However, if he takes leave on the, conclusion of deputation, his reversion shall take effect from such date as the authority sanctioning transfer may decide.

(6) Travelling allowance of an employee both on transfer to and reversion from the borrowing office will be borne by the borrowing authority.

(7) The cost of his pension while an employee is on deputation shall, where applicable, be paid to the NAB on his behalf. The rate of contribution shall be such as may be specified by the Chairman in consultation with the audit authorities. The contribution shall also be paid during leave taken while on deputation.

(8) The Chairman may, in consultation with the audit authorities, remit pension contribution due in any case or class or of cases.

(9) Leave shall be sanctioned and leave salary shall be paid by the borrowing authority during the period of deputation. The employee who is granted leave and paid leave salary by the borrowing authority, shall not count the period spent on deputation for earning leave under the NAB.

7.04 Deputation outside Pakistan

(1) The Chairman in the case of an employee in basic pay scale 17 and above, and the Director General (Administration) in the case of an employee in basic pay scale 16 and below, may in public interest, sanction transfer on deputation outside Pakistan with the approval of Federal Government, where required, for a specified period not exceeding five years to a foreign government or organization.

(2) In the case of transfer on deputation outside Pakistan of an employee, the terms and conditions of such transfer including the amount of his pay; joining time and pay thereof and other concerned matters should be fixed by the authority sanctioning the transfer in consultation with the borrowing authority.

7.05 Principles of Deputation outside Pakistan

The-following principles may generally be followed while determining the terms of deputation outside Pakistan :-

(i) The employee shall be treated on deputation from the date he relinquishes charge of his post in the NAB and shall revert from deputation when he assumes charge of his post under the NAB. If he takes leave before joining his post under the NAB, the date of reversion will be determined by the authority sanction transfer on deputation.

(ii) During the period of deputation, the employee concerned shall be entitled to pay including joining tune pay, allowance and travelling facilities including passage for himself and his family to the place of employment of borrowing authority and back on termination of deputation in accordance with rules/regulations or the terms and conditions offered by the borrowing authority.

(iii) During the period of deputation the borrowing authority shall pay to the NAB in foreign currency in which the employee receives his salary, pension contribution at the rate as may be specified by the Chairman or the Director General (Administration) as the case may be, in consultation with the audit authorities, by issuing general orders from time to time or in individual cases. Pending determination and communication of rate of pension contribution, the foreign employer shall provisionally pay the contribution at uniform rate of 33% of the mean of minimum and maximum of basic pay scale held by him at the time of proceeding on deputation plus such other emoluments reckonable for pension which would have been admissible had he not proceeded on deputation.

(iv) The employee will, during deputation, continue to subscribe to the General Provident Fund. Benevolent Fund and Group Insurance Fund etc. according to the prevailing orders. The employee shall remit the amount in the foreign exchange every month through a scheduled bank in Pakistan which shall pay the same to the NAB in rupee equivalent at the official rate of exchange.

(v) The leave of the deputationist will be governed by the rules or the terms and conditions offered by the borrowing authority. Leave pay in respect of such leave shall be paid by the borrowing authority to the deputationist. No part of leave earned during the period of deputation shall be credited to the leave account of deputationist with the NAB nor any liability in respect of leave pay be with the NAB nor the NAB shall recover any leave contribution from the borrowing authority.

(vi) The employee will not be entitled to claim from the NAB any leave pay in respect of disability leave on account of any disability incurred in or through service on deputation.

(vii) Any extension beyond original period of deputation shall not be made without prior approval of the NAB which sanctioned the deputation. In case of overstay after original period of deputation or authorized extension may call for disciplinary action.

(viii) Grant of any additional benefit in the borrowing organization over and above the terms agreed will be intimated to the NAB for information) approval. Any modification in the terms involving additional liabilities on the NAB will require prior approval.

7.06 Reversion for consideration of Promotion

An employee will be considered for promotion only after he resumes duty in the NAB. The employee may be given timely intimation when due for promotion so that he can earn at least one confidential report before his case comes up for consideration. If he returns, his case will be considered in normal course. If he does not return, his case will be deferred till his return or on the expiry of period of deputation and earns a confidential report for full one year after resuming duty.

7.07 Condition of 3 Years Service for Fresh Deputation

An employee who reverts from deputation shall not be considered again for deputation until he has served in the NAB for a period of three years.

7.08 Training

The Chairman may require an employee to undergo such training within the country or abroad for such period and on such terms as he may specify. The trainee may be required to sign a surety bond for serving in the NAB for a specified length of time or else maybe asked to pay the expenditure incurred on his training by the NAB.

CHAPTER-8

TERMINATION, REVERSION, RESIGNATION, AND RETIREMENT

8.01 Termination of Service

(1) The service of an employee may be terminated without notice by the appointing authority:

(a) During the initial or extended period of probation:

Provided that when such an 'employee is appointed by promotion or, as the case may be, is transferred from one cadre or post to another cadre or post, his service shall not be so terminated so long as he holds a lien against his former post in such cadre or post, but he shall be reverted to his former cadre or post as the case may be; or

(b) On the expiry of the initial or extended period of his employment.

(2) Where on the abolition, of a post or reduction in the number of posts, the service of an employee is required to be terminated, the person whose service is terminated shall ordinarily be the one who is the most junior in such cadre or post.

(3) Notwithstanding the provision of sub-para (1) but subject to sub-para (2) the service of the employee in temporary employment shall be liable to be terminated on fourteen days notice or pay in lieu thereof

Explanation:

An employee appointed on temporary basis for an indefinite period is not employee in temporary employment for the purpose of sub-para (3).

8.02 Termination of Irregular Appointment

The appointment of new employee which has been made otherwise than in accordance with the prescribed Methods of Appointment and Qualifications (MAQ), may be terminated any time by the appointing authority:

Provided that, before such appointment is terminated the employee shall be informed of the action proposed against and the grounds thereof and given an opportunity of showing cause why his appointment should not be terminated.

8.03 Reversion, Dismissal or Removal from Service

(1) An employee appointed to a higher post on temporary or officiating basis shall be liable to reversion to his lower post.

(2) No employee shall be dismissed or removed from service or reduced in rank by an authority subordinate to that by which he was appointed.

(3) No employee as aforementioned shall be dismissed or removed from service or reduced in rank until he has been given a reasonable opportunity of showing cause against the action proposed to be taken against him:

Provided that this sub-para shall not apply :

(i) where an employee is dismissed or removed from service on the ground of conduct which has led to his conviction on a criminal charge; or

(ii) where the appointing authority is satisfied, for reasons to be recorded in writing, that in the interest of the security of Pakistan or any part thereof, it is not expedient to give that employee such an opportunity.

8.04 Principles Governing Resignation

(1) Subject to any provision of law in force for the time being, a temporary or permanent employee may resign in writing from his post. The resignation shall not become effective unless it is accepted by the appointing authority. Till such time the resignation is accepted, the employee shall continue to serve and cannot absent himself from his duties without proper leave. Any violation in this behalf shall amount to misconduct and the employee shall make himself liable to disciplinary action.

(2) If an employee after submission of his resignation withdraws it before it is accepted, the resignation, shall be deemed to have been withdrawn.

(3) If an employee withdraws his resignation after its acceptance by the appointing authority but before it becomes effective i.e. before the employee is relieved, it will be open to the authority which accepted the resignation to allow the employee, on the merits of the case, to withdraw the resignation.

(4) The resignation of an employee shall not be accepted if any disciplinary proceedings are contemplated or are in progress.

(5) An employee submitting his resignation shall be required to clear all dues payable by him.

(6) The resignation shall be submitted by an employee through his immediate superior officer to the appointing authority and accompanied by the original letter of resignation and the following information:

(a) whether any disciplinary proceeding are pending or contemplated against him.

(b) whether the employee is required to serve the NAB for any specified period in accordance with his terms and conditions of appointment or any bond or understanding in connection with the grant to leave, course of instructions or training, etc. and if so, whether that period has expired and if not, whether any money spent on his training and recoverable from him has been paid by him; and

(c) whether any other dues recoverable have been paid by him.

8.05 Retirement from Service

An employee shall retire from service on completion of the sixtieth year of his age. The provision of this rule does not apply to the Chairman, the Deputy Chairman and the Prosecutor General Accountability, who shall be governed by the provisions of the NAB Ordinance.

Explanation:

When an employee is required to retire on attaining a specified age, the day on which he attains that age is reckoned as a non-working day, and he must retire with effect from that day.

8.06 Retirement on Completion of 25 Years

On completion of 25 years service an employee may be retired under the following sub-paras with earned pension/other benefits:-

(a) On his own' request; or

(b) On recommendation of the service Review Board or Committee constituted by the NAB. The performance of the employees having completed 25 years service will be reviewed by service board bi-annually. The board after review will recommend basing on the overall performance of the employee, his further retention in service or retirement from service.

8.07 Retirement on Medical Ground

Invalidity retirement on medical grounds should be governed by the government rules as amended from time to time.

CHAPTER-9

EMPLOYMENT AFTER RETIREMENT

9.01 Provision for Making Re-employment

(1) The NAB shall not re-employ a retired employee unless such re employment is necessary in the interest of the NAB and is made with the approval of the President.

(2) Re-employment beyond the age of super annuation shall be made as an exception only. The following criteria may be followed while considering cases of re-employment:-

(a) Non-availability of suitably qualified and experienced persons through the prescribed Methods of Appointment and Qualifications (MAQ) to replace the retiring employee.

(b) The employee is highly competent person with distinction in his profession or field, whose substitute is not available in the market.

(c) The re-employment does not create promotion block.

(d) Retention of the retiring employee for a specified period is in the interest of the NAB.

(3) An employee who was compulsorily retired or removed from service as a result of disciplinary action or retired after completion of 25 years of service qualifying for pension under the rules applicable to him, shall not be re-employed except with the prior approval of the President.

9.02 No employee whose age exceeds sixty years shall be re-employed in the NAB unless such re-employment is in the interest of the NAB and is made with the approval of the President.

Provided that if the re-employment is made while employee is on leave preparatory to retirement or within two years of his retirement, such re -employment shall be subject to production of prior approval of authority next higher to the appointing authority.

9.03 Private and Commercial Employment After Retirement

If a retired employee seeks any commercial or private employment during leave preparatory to retirement or before the expiry of two years from the date of retirement, he shall obtain prior approval of the Chairman if he holds a post in basic pay scale 19 and above and of Director General (Administration) in other cases.

9.04 Employment Abroad After Retirement

If a recited employee seeks employment during leave preparatory to retirement or after retirement under a foreign government or a foreign agency, he shall obtain prior approval of the Chairman before accepting such employment.

Explanation

For the purpose of this provision, foreign government means the government of foreign country and or foreign agency, any office or establishment of the diplomatic or consular representative of a foreign government by whatever name called and includes any information, public relations, trade or commercial agency, service centre or formation established or maintained by any government or by any person who is national of a foreign country.

CHAPTER-10

CONDUCT

10.01 Family Composition:

For the purpose of these TCS in this chapter, member of an employee's family includes:

(a) employee's spouse,

(b) his child or step-child, whether residing with the employee or not; and

(c) 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 employee, or a child or a step-child who is no longer in any way dependent upon him or of whose custody the employer has been deprived by law.

Reference to a spouse in this provision shall be construed as reference to a husband where a employee is a woman.

10.02 Acceptance of Gifts and Cash Awards

(1) Save as otherwise provided in this para, no employee shall, except with previous sanction of the Chairman, 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, however, due to very exceptional reasons, a gift cannot be refused, the same may, under intimation to the Chairman and the Cabinet Division be kept for official use in the NAB.

(2) 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 Chairman thereon shall be final.

(3) If any gift is offered by the head or the 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 Cabinet Division through the Chairman for order as to its disposal.

(4) Employees are prohibited from receiving gift of any kind for their person or members of their families from diplomats, consular and other foreign government representatives or their employees who are stationed in Pakistan. If, however, due to any exceptional reasons a gift cannot be refused, it should immediately be deposited in the Toshakhana in the Cabinet Division.

(5) Employees except those holding posts in basic scale 1 to 4, are prohibited from accepting cash awards offered by the visiting dignitaries. In caste, however, it becomes impossible to refuse without causing offence to the visiting dignitary, the amount may be accepted and immediately deposited in the treasury.

(6) The responsibility for reporting the receipt of a gift shall devolve upon the individual recipient. All gifts received by an employee irrespective of their, price, must be reported to the Toshakhana in the Cabinet Division through the Chairman or a person authorized by him in this behalf. However, the responsibility for reporting the Cabinet Division of receipt of gifts, including the name of recipient from foreign dignitaries or delegations go abroad, shall be with the Chief of protocol or his representative in the former case, and with the Ambassador concerned in the latter case. In the case of foreign delegations or visiting dignitaries with whom the Chief of Protocol is not associated, the Ministry or Office sponsoring the visit shall be responsible to supply the details of gifts, if received and the list of recipients to the Cabinet Division and the Ministry of Foreign Affairs.

(7) The value of gifts shall be assessed by the Cabinet Division and monetary limits up to which and the conditions subject to which the gifts may be allowed to be retained by the recipients shall be as follows :-

(a) Gifts valued upto Rs 1,000/- to Rs. 5,000/- may be allowed to be retained by the recipient on his paying 25 per cent of the value of the gifts in excess of Rs. 1,000/-.

(b) Gifts value exceeding Rs.,5000/- may be allowed to be retained by a recipient on his paying 25 per cent of so much of the value as exceeds Rs. 1,000/- but does not exceed Rs. 5,000/- and 15 per cent of so much of the value as exceeds Rs. 5,000/-

10.03 Foreign Award/Title and decoration

No employee shall, except with the prior approval of the Federal Government, to be obtained through the Chairman, receipt a foreign award, title or decoration.

For the purpose of this provision, the expression "the approval of the Federal Government", means prior approval in ordinary cases and ex-post facto approval in special cases where sufficient tune is not available for obtaining prior approval.

10.04 Public Meetings and Funds Raising

(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-para (1) :-

(a) an employee may with the previous permission of his higher officer, take part in the raising of funds to be extended for any public or charitable purpose: and

(b) an employee may take part, with the previous sanction of the Chairman, in the raising of funds to be expended for any public or charitable object connected with the name of any other employee or a government servant or a person who has recently quitted service of the NAB or the government.

(c) When an employee takes part in the raising of funds in accordance with the provisions of clause (a) and (b) of sub-para(2), an employee shall be required to keep regular accounts and submit them to the next higher officer for scrutiny.

10.05 Permission to Marry a Foreign National

(1) Save as provided in sub-para (2), an employee may, with the prior permission of the Chairman, marry a foreign national.

(2) An employee may, with the prior permission of Director General (Administration), many or promise to marry a Muslim Citizen of India.

(3) An employee who marries or promises to marry a foreign national including a Muslim citizen of India without permission, shall be guilty of misconduct and render himself liable to disciplinary action under relevant provision of these TCS and government rules.

(4) The grant of permission under sub-para (1) or (2) shall be at the discretion of the Chairman or as the case may be, the Director-General (Administration) and may be subject to such conditions as may be specified by the Chairman or the Director General (Administration).

For the purpose of this provision, marriage means matrimonial relationship entered into in accordance with any law for the time being in force or any religious rites or ceremonies, and its grammatical variations and cognate expressions shall be construed accordingly.

10.06 Acceptance of Subscriptions

Subject to para-10.04, no employee except with the previous sanction of the Chairman, 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.

10.07 Money Landing and Borrowing

(1) No employee shall lend money to, or borrow money from, 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 this rule shall not apply to dealings 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 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, possess immovable property, or carry on business within the local limits of such authority he shall forthwith declare the circumstances to the Chairman through the usual channel:

Provided that the employee in basic-pay scale 15 and below shall make the declaration referred to in this sub-para to the Director General (Administration).

(3) This rule in so far as it may be construed to relate to loans given to or taken from co-operative societies registered under the Co-operative Societies Act, 1912 (II of 1912), or under, law for the time being in force relating to the registration of co-operative societies by the employees, shall be subject to any general or special restrictions made or permitted.

10.08 Transaction of Property

(1) Any employee who intends to transact any purchase or sale or disposal by other means of movable or immovable property exceeding Rs. 250,000/- (Rupees Two Hundred and Fifty Thousand Only) with any person shall apply for permission if he is holding a post in BPS 20 and above to the Chairman and those in basic pay scale 19 and below to the Director General (Administration) respectively. Any such application shall state fully the circumstances, the price offered and demanded and, in the case of disposal otherwise than by sale, the method of disposal. Thereafter such employee shall act in accordance with such orders as may be passed by the Chairman, or Director General (Administration), as the case may be:

Provided that all transactions with a person who is an official subordinate of the employee should be reported to the next higher authority.

In this provision the term "Property" includes agricultural or urban lands, bonds, shares and securities but does not include a plot purchased for building a house from a co-operative housing society or a government housing scheme.

(2) No prior permission is necessary for buying and selling shares, saving certificates and securities through government sponsored organizations up to the value of Rs. 500,000/-. However, the employee concerned shall have to report all such transactions in the form of a statement at the end of each year.

10.09 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 Chairman obtained upon an application made in this behalf disclosing the source from which the cost of such construction shall be met.

10.10 Declaration of Property

(1) Every employee shall, at the time of entering service of the NAB, make a declaration, through usual channels, in the case of employees in basic pay scale 20 and above to the Chairman and in the case of employees in basic pay scale 19 and below to the Director General (Administration), of all immovable and movable properties including shares, certificates, securities, insurance policies and jewelry having a total value of Rs. 500,000/- (Rupees Five Leg. Only) or more belonging to or held by him or member of his family and such declaration shall:

(a) state the District within which the property is situated:

(b) show separately individual items of jewelry exceeding Rs. 500,000/ - (Rupees Five Leg. Only); and

(c) give such further information as the NAB may, by general or special order, require.

(2) Every employee shall submit to the Chairman or, as the case may be, to the Director General (Administration) through normal channels, an annual return of assets in the month of December showing any increase or decrease of property as shown in the declaration under sub-para (1) or, as the case may be, the last annual return.

10.11 Assets to be Disclosed

An employee shall as and when he is so required by the NAB, by general or special order, furnish information as to his assets disclosing liquid assets and all other properties, movable and immovable, including shares, certificates, insurance policies and jewelry.

10.12 Investment

(1) No employee should speculate in investment. For the purpose of this provision, the habitual purchase and sale of securities of notoriously fluctuating value shall be deemed to be speculation in investments.

(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 duties:

(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 any of the foregoing sub-paras, the decision of the Chairman in the case of employees in basic pay scale 20 and above and of the Director General (Administration) in the case of employees in basic pay scale 19 and below; thereon shall he final.

10.13 Management of Banks and Companies

No employee shall, except with the previous sanction of the Chairman, take part in promotion, registration or management of any bank or company:

Provided that an employee may, subject to the provisions of any general or special order. Take part in the promotion, registration or management of a Co-operative society registered under the Co-operative Societies Act, 1912 (II of 1912) or under any similar law.

10.14 Private Trade, Employment or Work

(1) No employee shall, except with the previous sanction of the Chairman in the case of employees in basic pay scale 20 and above and Director General (Administration) in other cases engage in any trade or 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 literary 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 Chairman or the Director General (Administration), as the case may be. An employee who has any doubt about the propriety of undertaking any particular work should refer the matter for the order of the Chairman or, as the case may be, the Director General (Administration):

Provided further that an employee holding a post in basic pay scale 15 and below may, without such sanction, undertake a small enterprise which absorbs family labour and where lie does so, he shall file details of the enterprise alongwith the declaration of assets:

(2) Notwithstanding anything contained in sub-para (1), no employee shall associate himself with any private trust, foundation or similar other institution which is sponsored by the Government or the NAB.

(3) This provision does not apply to sports activities or membership of recreation clubs.

10.15 Permission to Sub-Let Residential Accommodation

No employee, except with prior permission of the Chairman, shall sublet accommodation let to him by the NAB.

10.16 Living Beyond Means

No employee shall live beyond his means or indulge in ostentation on occasions of marriage or other ceremonies.

10.17 Insolvency and Indebtedness

An employee shall avoid habitual indebtedness. If an employee is adjudged or declared insolvent or if the portion of his salary which is liable to attachment is frequently attached for debt or 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 pronounced to have contravened this provision unless he proves that the insolvency or indebtedness is result of circumstances, with the exercise of 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 be or is adjudged or declared insolvent shall forthwith report his insolvency to the Chairman if he is holding a post in basic pay scale and above and to the Director General (Administration) in other cases.

10.18 Involvement in Criminal Cases:

If an employee is involved as an accused in a criminal case or is convicted, he shall bring the fact of such involvement or conviction as the case may be, to the notice of Chairman in the case of an employee in basic pay scale 20 and above and the Director General (Administration) in the case of an employee in basic pay scale 19 and below immediately or, if he is arrested and released on bail, soon after such release.

10.19 Not to Communicate Official Information

No employee shall except in accordance with any special or general order of the NAB, communicate directly or indirectly any official document or information to an employee or to a Government servant unauthorized to receive it or to a non-official person or to the press.

10.20 Approach to the Members of Senate, National or Provincial Assembly or Non-Official Persons

No-employee shall, directly or indirectly, approach any member of the Senate or National Assembly or Provincial Assembly, or any other non-official person -to intervene on his behalf in any matter.

10.21 Ownership and Management of Newspapers or Periodicals

No employee shall, except with the prior sanction of the Chairman, own wholly or in part or conduct or participate in the editing or management of any newspaper or other periodical publication.

10.22 Radio Broadcast or Television Programme and Communication to the Press

No employee shall, except with the previous sanction of the Chairman in the case of employees in basic pay scale 20 above and. the Director General (Administration) in the case of other employees, or in bona fide discharge of his duties, participate in a radio broadcast or television programme or contribute any article or write any letter either anonymously or in his own name or in the name of any other person 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 riot be considered likely to jeopardize the integrity of employee, the security of Pakistan or friendly relations with foreign States or to offend public order, decency or morality, or to amount to contempt of Court, defamation or incitement of an offence:

Provided further that no sanction shall be required if such broadcast or television programme or such contribution or letter is of a purely literacy, artistic or scientific character.

10.23 Not to Embarrass the NAB

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 NAB or the Government:

Provided that technical employees may publish research papers on technical subjects if such papers do not express views on political issues or on the policy of the NAB or of the Government and do not include any information of a classified nature.

10.24 Where an employee submits the draft of literary, artistic or scientific article or book for obtaining prior sanction for its publication, he shall be informed within three months of his doing so whether he has or he has not been granted such sanction, and if no communication is issued to him within that period, he shall be entitled to presume that sanction asked for has been granted.

10.25 Evidence before Committee

(1) No employee shah give evidence before a public committee except with the previous sanction of the Chairman.

(2) No employee giving such evidence shall criticize the policy or decisions of the NAB or of the Federal or provincial Government.

(3) This rule shall not apply to evidence given before statutory committees which: have power to compel attendance and the giving of answers, nor to evidence given in judicial inquiries.

10.26 Not to Participate in Political Activities

(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 the NAB or of the 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 take part in an elected 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 do, he shall give no indication of the manner in which he proposes to vote or has voted.

(4) No employee shall allow any member of his family dependent on him to indulge in any political activity, including forming a political association and being its member or to act in a manner in which he himself is nor permitted by sub-para (3) to act.

(5) An employee who issues an address to electors or in any other manner publicly announces himself or accords himself to be publicly announced as a candidate or prospective candidate for election to a legislative body, shall be accounted for the purpose of sub-para (3) to take part in an election to such body.

(6) The provisions of, sub-para (3) and (5) shall, so far as may be, apply to election to local authorities or bodies, save in respect of employees required or permitted by or under any law, or order of the Government, for the time 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 provision, the decision of the Chairman thereon shall be final.

10.27 Non-Propagation of Sectarian Creeds

No employee shall propagate such sectarian creeds or take part in such sectarian controversies or indulge in such sectarian partiality or favouritism as are likely to affect his integrity in the discharge of his duties or to embarrass the administration or create feelings of discontent or displeasure amongst employees or the Government servants in particular and amongst the people in general.

10.28 Not to Express Views against Ideology of Pakistan

No employee shall express any views against the ideology of Pakistan or permit any member of his family/dependent on him to do so.

10.29 Not to take part in any Public Demonstration

No employee shall take part in or, in any manner assist, any public demonstration directed against a decision taken by or policy of the NAB or the Government, as the case may be, or permit any member of his family dependent on him to do so.

10.30 Provincialism, Favoritism and Victimization

No employee shall indulge in provincialism, favoritism, victimization or willful abuse of office.

10.31 Vindication of Official

An employee may not, without the previous sanction of the Chairman, have recourse to any court or to the press for the vindication of his official acts or character from defamatory attacks. In granting sanction the NAB may ordinarily bear the cost of the proceedings in other cases leave the employee to initiate them at his own expense. In the latter case, if he obtains a decision in the favour the NAB may reimburse to him the whole cost or any part of that cost.

10.32 Service Association

No employee shall be member, representative or officer of any association representing or purporting; to represent, employees or any class of employees.

10.33 Non-Political Association

No employee shall accept membership of non-political association or organization whose aims and objects, nature of activities and membership are not publicly known.

10.34 Political or other Influence

No employee shall approach directly or indirectly, any foreign mission in Pakistan or any foreign aid giving agency to secure for himself invitations to visit a foreign country or elicit offer of training facilities abroad.

10.35 Acceptance of Training, Facilities

No employee shall, except with the previous sanction in writing of the Chairman, accept or take up training in any other organization within the country or abroad. No request or advance copy of the request for training in another organization shall be made by the employee except through proper channel or as may be prescribed by the Chairman by general or special orders.

10.36 Delegation of Powers

The Chairman or the Director General (Administration) may, be general or special order, delegate to any officer or authority subordinate to him all or any of his powers under these TC'S and may, by such order, prescribe the channel through which reports, shall, be regarded as receipts of the reports by the NAB within the meaning of these TCS.

10.37 Derogation of any Law etc.

Nothing in these TCS shall derogate from the provisions of any law or of an order of any competent authority for the time being in force, relating to the conduct of employees.

CHAPTER-11

DISCIPLINE

11.01. Competent Authority

For the purpose of provisions in this Chapter, the officers specified in column 3 of the table below are-designated as "Competent Authority" and those in column 4 as "authorized officer" in respect of the employees specified in column 2 of the table.

TABLE

|--------|------------------------------|----------------------------------|-------------------------------------------| | S. No. | Description of Employees | Competent Authority | Authorized Officer | | (1) | (2) | (3) | (4) | | (a) | Basic pay scale 20 and above | President | Chairman | | (b) | Basic pay scale 16 to 19 | Chairman | Director General (Administration) | | (c) | Basic pay scale 1 to 15 | Director General(Administration) | Director (Admn) of HQ or Incharge of RNAB |

11.02. Grounds for Penalty

Where an employee, in the opinion of the authority or, as the case may be, authorized officer.

(a) is inefficient or has ceased to be efficient; or

(b) is guilty of misconduct; or

(c) is corrupt, or may reasonable be considered corrupt because

(i) he is, or any of his dependents or any other person through him or on his behalf, is in possession of pecuniary resources or of property disproportionate to his known means of income (for which he cannot reasonably account) ; or

(ii) He has assumed a style of living beyond his ostensible means ; or

(iii) He has persistent reputation of being corrupt; or

(d) is engaged, or is reasonably suspected of being engaged, in subversive activities, or is reasonably suspected of being associated with others engaged to any subversive activities, or is guilty of disclosure of official secrets to any unauthorized person, and his retention in service is therefore prejudicial to national security, or the NAB, the "Competent Authority" or, the authorized officer, as the case may be, may imposed on him one or more penalties under these rules.

For the purpose of provisions in this chapter, "misconduct" includes conduct prejudicial to good order or service discipline or contrary to rules of conduct, or unbecoming of an officer and a gentleman and including any act on the part of an employee to bring or attempt to bring political or other outside influence, directly or indirectly to bear on the Government or on the NAB in respect of any matter relating to the appointment, promotion, transfer, punishment, retirement or other conditions of service of an employee.

(1) The following are the minor and major penalties namely :-

(a) Minor Penalties

(i) censure ;

(ii) withholding for a specified period, promotion or increment, otherwise than for unfitness for promotion or financial advancement in accordance with the rules or orders pertaining to the service, cader or post; and

(iii) Recovery from pay of the whole or any part of pecuniary loss caused to the NAB by negligence or breach of orders.

(b) Major Penalties

(i) reduction to a lower post or time scale, or to a lower stage in a time scale;

(ii) compulsory retirement from service;

(iii) Removal from service; acid

(iv) Dismissal from service.

(2) Removal from service does not, but dismissal from service does disqualify for future employment.

(3) In this provision removal or dismissal from service does not include the discharge of a person

(a) appointed on probation, during the period of probation or in accordance with the probation or training rules or conditions applicable to him; or

(b) appointed to hold a temporary appointment otherwise than a contract appointment on the expiry of the period of appointment; or

(c) engaged under a contract, in accordance with the terms of the contract.

11.04 To send an Employee on Leave or to Suspend Him

In case where an employee is accused of subversion, corruption or this conduct, the authorized officer may require him to proceed on leave or, with the approval of the competent authority, suspend him, provided that any continuation of such leave or suspension shall require approval of the competent authority after every three months.

11.05 Disciplinary Procedure

(1) The authorized officer shall decide whether in the light of the facts of the case or the interests of justice an inquiry should be conducted through an Inquiry Officer or Inquiry Committee. If he so decides, the procedure indicated in para 11.07 shall apply.

(2) If the authorized officer decides that it is not necessary to have inquiry conducted through an Inquiry officer or Inquiry Committee; he shall

(a) by order in writing inform the accused of the action proposed to be taken in regard to him and the grounds of the action; and

(b) give him a reasonable opportunity of showing cause against that action:

Provided that no such opportunity shall be given where the authority is satisfied that in the interest of security of Pakistan or any part thereof it is not expedient to give such opportunity.

11.06 (1) On receipt of the report of the Inquiry Officer or Inquiry Committee or, where no such Officer or Committee was appointed, on receipt of the explanation of the accused if he has asked to be heard in person. After the hearing, if any, the authorized officer shall determine whether the charge or charges have been proved.

(2) If the charge or charges have not been proved, the authorized officer shall exonerate the accused.

(3) Where an inquiry was held and the authorized officer has determined that the charge or charges have been proved, he shall arrive at a provisional conclusion as to the penalty to be imposed, inform the accused of the action proposed to be taken against him, supply a copy of the inquiry report to him and ask him to show cause within a specified time, which may not be less than seven days or more than fourteen days, why the proposed penalty should not be imposed upon him. Any cause shown by the accused shall be taken into consideration by the authorized officer or the authority, as the case may be, before final orders are passed in accordance with sub-para (4) or (5).

(4) If the charge or charges have been proved and it is proposed to impose a minor penalty, the authorized officer shall pass orders accordingly.

(5) If the charge or charges have been proved and it is proposed to impose a major penalty, the authorized officer shall forward the case to the competent authority alongwith the charge sheet and the statement of allegations served on the accused, the findings of the Inquiry officer or inquiry committee, if appointed and his own recommendations regarding the penalty to be imposed. The competent authority shall pass such orders as it may deem proper.

11.07 Inquiry Procedure

(1) Where the authorized officer decides that an inquiry may be conducted, he shall appoint an Inquiry Officer or Inquiry Committee. The Inquiry Officer should ordinary be senior in rank, grade and status to the accused.

(2) Where an Inquiry Officer or Inquiry Committee is appointed the authorized officer shall:

(a) frame a charge-sheet duly signed by him, and communicate the same to the-accused together with statement of allegations explaining the charge and of any relevant circumstances which are proposed to be taken into consideration;

(b) require the accused within a reasonable time, which shall not be less than seven days or more than fourteen days from the day the charge sheet has been communicated to him, to put in a written defense and submit it to the Inquiry Officer or to the Inquiry Committee, as the case may be, and to state at the same time whether he desires to be heard in person;

(c) the Inquiry Officer or the Inquiry Committee, as the case may be, shall inquire into the charge and may examine such oral or documentary evidence in support of the charge or in defense of the accused as may considered necessary and the accused shall be entitled to cross-examine the witnesses against him;

(d) the Inquiry Officer or the Inquiry Committee, as the case may be, shall hear the case from day to day and no adjournment shall be given except for reasons to be recorded in writing. However, every adjournment with reasons therefore shall be reported forthwith to the authorized officer. Normally no adjournment shall be for more than a week;

(e) where the Inquiry Officer or the Inquiry Committee, as the case may be, is satisfied that the accused is hampering or attempting to hamper the progress of the inquiry, he shall or it shall administer a warning, and if thereafter he or it is satisfied that the accused is acting in disregard of the warning, he or it shall record a finding to that effect and proceed to complete the inquiry in such manner as he or it thinks best suited to do substantial justice; and

(f) the Inquiry Officer or the Inquiry Committee, as the case may be; shall within ten days of the conclusion of the proceedings or such longer period as may be allowed by the authorized officer, submit his or its findings and the grounds thereof to the authorized officer;

|-------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | 11.08 | Revision ======== | | | The competent authority may call for the record of any case pending before or disposed of by the authorized officer and pass such orders in relation thereto as it may deem fit: | | 11.09 | Powers of Inquiry Officer or Inquiry Committee | | | (1) For the purpose of inquiry under these TCS the Inquiry Officer and Inquiry committee shall have the powers of a Civil Court trying a suit under the code of Civil Procedure, 1908 (Act V of 108) in respect of the following matters, namely :- | | | (a) summoning and enforcing attendance of any person and examining him an oath. | | | (b) require the discovery and production of documents ; | | | (c) receiving evidence on affidavits; and | | | (d) issuing commission for the examination of witnesses or documents. | | | (2) The proceedings under these TCS shall be deemed to be judicial proceedings within the meaning of sanction 192 and 228 of the Pakistan Penal Code (Act XVL of 1960). | | 11.10 | Provisions, not to Apply in Certain Cases | | | 'Nothing in paras 11.05, 11.06,11.07 shall apply to a case:- | | | (a) where the accused is compulsory retired, dismissed or removed from. service or reduced in rank on the ground of conduct which has led to a sentence of fine or of imprisonment ;.or | | | (b) where the authority competent to compulsorily retire, dismiss or remove a person from service or to reduce a person in rank is satisfied that for reasons to be recorded in writing by that authority, it is not reasonably practicable to give the accused an opportunity of showing cause. | | 11.11 | Action in Respect of an Employee Required to Proceed on Leave | | | If an employee proceeding on leave in pursuance of an order under para 11.04 is not compulsorily retired, dismissed or removed from service or reduced in rank or to a lower time scale, he shall be required to rejoin duty under the orders of the authorized officer or the competent authority, as the case may be, and the period of such leave shall be treated as duty on full pay. | | 11.12 | Inquiry against Employees lent to Federal or Provincial Government or Any Other Organization | | | (1) Where the services of an employee to whom these TCS apply are lent to the Federal or provincial Government or any other organization, in this para referred to as borrowing authority, the borrowing authority shall have the powers of competent authority for the purpose of placing him under suspension or requiring him to proceed on leave and of initiating proceedings against him: | | | Provided that the borrowing authority shall forthwith inform the lending authority of the circumstances leading to the order of his suspension or the commencement of proceedings, as the case may be: | | | Provided further that the borrowing authority shall obtain prior approval of the chairman before taking any action under these TCS against an employee in basic pay scale 17 and above. | | | (2) If, in the light of the findings in the proceedings taken against the employee in terms of sub-para (1), the borrowing authority is of the opinion that any penalty should be imposed-on him, it shall transmit to the lending authority the record of proceedings and thereupon the lending authority shall take action as prescribed in these TCS. | | 11.13 | Appearance of Council | | | No party to any proceedings under these TCS before the competent authority, the authorized officer, an Inquiry Officer or Inquiry Committee; shall be represented by an advocate. | | 11.14 | Appeal | | | A person on whom a penalty is imposed shall have such right of appeal as prescribed in Chapter-13, "Appeal and Representation" of these TCS. | | 11.15 | Other Provisions Governing Discipline | | | The provisions of Removal from service (Special Powers) Ordinance XVII of 2000, ad Services Tribunal Act, 1973, and others statutory provision including all Government order, governing the discipline of civil servants, not covered above, shall also be applicable to the employees of NAB. |

CHAPTER-12

COMMITTAL TO PRISON AND PENDENCY OF

CRIMINAL CHARGE

|-------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | 12.01 | Committal to Prison: | | | (1) An employee committed to prison either for debt or on a criminal charge should be considered as under suspension from the date of his arrest, and not allowed to draw any pay for the period of suspension until the termination of the proceedings against him, when an adjustment of his pay and allowances should be made according to the circumstances of the case, the full amount being given only in the event of the employee being acquitted of the blame. or if the imprisonment was for debt, of being proved that the employee's liability arose from circumstances beyond his control. | | | (2) Subject to para 12.02 an employee who, is released from the prison on bail, shall be reinstated in service by the competent authority. In respect of pay during suspension, the provision of sub-para (1) shall apply. | | 12.02 | Pendency of Criminal Charge. | | | An employee against whom a criminal charge or a proceeding for arrest for debt is pending, should also be placed under suspension by the competent authority by issue of specific order to this effect during periods when he is not actually detained in custody or imprisoned or (e.g. whilst released on bail), if the charge made or proceedings taken against him is connected with his official position as an employee or is likely to embarrass him in the discharge of his duties as such or involves a moral turpitude. In the matter of pay and allowances, the provisions contained in sub-para (1) of 12.01 shall apply. | | 12.03 | For purposes of provisions in this chapter competent authority means the Chairman in the case of an employee holding post in basic pay scale 19 and above and Director General (Administration) in the case of one holding post in basic pay scale 18 and below. |

CHAPTER-13

APPEAL AND REPRESENTATION

|-------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | 13.01 | Right to appeal or Representation | | | (1) Where a right to prefer an appeal or applying for review in respect of any order relating to terms and conditions of service is provided to an employee under these TCS, such an appeal or application for review shall, except as may be otherwise prescribed, be made within thirty clays of the date of communication to him of such order. | | | (2) Where no provision for appeal or review exist in these TCS, an employee aggrieved by any order may, within thirty days of the communication to him of such order, make representation to the authority next above the authority, which made the orders: | | | Provided that no representation shall lie on matter relating to the determination of fitness of a person to hold a particular post or to be promoted to a higher post or to a higher scale. | | 13.02 | Appeal against Penalty and Appellate Authority | | | (1) Every employee shall be entitled to appeal to the appellate authority. from an order passed by competent authority or authorized officer imposing upon him one or more penalties. | | | (2) The appellate authority for the purpose of sub-para (1) of this para shall be the authority next above the competent authority specified in Para 11.01. | | 13.03 | Appeal Against an Order Other Than an Order Imposing a Penalty | | | (1) An employee shall be entitled to an appeal before the Appellate Authority from an order passed by competent authority which :- | | | (a) alters to his disadvantages, his conditions of service, pay and allowances or pension ; or | | | (b) interprets to his disadvantage any provision of the TCS whereby his conditions of services, pay, allowance or pension are regulated; or | | | (c) reduces or withdraws the maximum pension; including an additional pension, admissible to him under the provisions governing pension; or | | | (d) termination his employment or gives notice of such termination otherwise than :- | | | (i) on his attaining the age of superannuation; or | | | (ii) in accordance with the provisions of these TCS | | | Provided that a person shall have no right to appeal from an order passed by the President but may apply for review of the order: | | | Provided further that no appeal or review lies on the matters relating to the determination of fitness of a person to hold a particular post or to be promoted to a higher post or scale. | | | (2) The appellate authority for the purposes of sub-para (1) of this para shall be the authority next above the authority competent to make the appointment to the post held by the employee concerned. | | 13.04 | Submission of Appeal | | | (1) Every person preferring an appeal should do so separately and in his own name. | | | (2) The appeal shall be accompanied by a copy of the order from which it is preferred. | | | (3) Every appeal shall contain all material statement and arguments relied upon by the appellant, shall contain no disrespectful or improper language, shall be complete in all respects, with a specific prayer. | | | (4) Every appeal shall be submitted through the head of office to which the appellant belongs or belonged and through the competent authority from whose orders the appeal is preferred. | | | (5) Every appeal shall be submitted within a period of thirty days of the communication of the order appealed against. | | 13.05 | Order on Appeal | | | (1) In the case of an appeal under para 13.02, the Appellant Authority shall consider:- | | | (a) whether the facts on which the order appealed against was based have been established; | | | (b) whether the facts established afford sufficient ground for taking action; and | | | (c) whether the penalty is excessive, adequate or inadequate; and after such consideration shall confirm, set aside or modify the previous order. | | | (2) In the case of an appeal under para 13.03 the Appellate Authority shall pass such order as, having regard to all circumstances of the case, appears to it to be just and equitable. | | 13.06 | Authority to Give Effect to An Order on Appeal | | | The competent authority from whose orders an appeal is preferred under these TCS, shall give effect to any order made by the Appellate Authority. | | 13.07 | Withholding of Appeal | | | (1) An appeal may be withheld by an authority not lower than the authority from whose orders it is preferred if | | | (a) it is an appeal in a case in which no appeal lies under these TCS; or | | | (b) it does not comply with the provisions of sub-para (1), (2), (3). or (4) of para 13.04; or | | | (c) it is not preferred within the time specified in sub-para (1) of para 13.01 and sub-para (5) of 13.04 and no reasonable cause is shown for the delay; or | | | (d) it is addressed to an authority to which no appeal lies under these TCS; or | | | (e) it is a repetition of a previous appeal and is made to the same authority by whom such appeal has been decided, and, no new facts or circumstances are adduced which afford grounds for a reconsideration of the case. | | | Provided that in every case in which an appeal is withheld, the appellant shall be informed of withholding of the appeal and of the reasons for withholding it: | | | Provided further that an appeal withheld on account only of failure to comply with the provisions of sub-para (1), (2), (3) or (4) of para 13.04 or clause (d) above, may be resubmitted within one month of the date on which the a0ellant is informed of the withholding of appeal and if resubmitted in a form which complies with these provisions or is messed to the proper authority, as the case may be. it shall not be withheld. | | | (2) No appeal shall be against the withholding of an appeal by an authority competent to do so. | | 13.08 | Transmission of an Appeal | | | (1) Every appeal which is not withheld, shall be forwarded to the Appellate Authority with an expression of opinion by the authority from whose order the appeal is preferred. | | | (2) A list of appeals withheld under para 13.07 with reasons for withhold ing them shall be forwarded quarterly in each calendar year by the withholding authority to the Appellate Authority. | | | (3) An Appellate Authority may call for any appeal admissible under these TCS which has been withheld by a subordinate authority and may pass such orders thereon as it considers fit. | | 13.09 | Review Application/Representation | | | (1) The provisions of para 13.04 to 13.06 shall also apply mutatis mutandis to an application for review made to the President. The President may either consider the application for review on merit or, at his discretion, take action as laid down in para 13.07. | | | (2) The provisions of para 13.04, sub-para (2) of para 13.05, para 13.06, 13.07 and 13.08 shall apply mutatis mutandis to a representation. | | 13.10 | Existing Appeals/Applications for Review/Representation | | | All appeals, applications for review and representations pending immediately before coming into force of these TCS. shall be deemed to be appeals or applications for review or representations, as' the case may be, under these TCS. |

CHAPTER-14

Miscellaneous :Relaxation, Amendment and Repeal

|-------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | 14.01 | Just and Equitable Treatment in Hardship Cases | | | Notwithstanding anything to the contrary contained in these TCS in relation to the terms and conditions of service of an employee, the Chairman may, if he is satisfied, for reasons to be recorded in writing, that strict application of any provision or, condition causes hardship in any case, by order, relax this requirement to such extent as it may deem fit, for ensuring just and equitable treatment to the employee concerned without infringing the right of any other employee. | | 14.02 | Appointments made Prior to Coming Into Force These TCS | | | On commencement of these TCS, all appointments made either by initial recruitment or promotion or transfer other than of those employees who were posted on deputation or employed or contract before coming into force of these TCS, shall be deemed to have been made on regular basis, subject to fulfillment of conditions of eligibility prescribed in the Methods of Appointment and Qualification, (MAQ) for each post, recommendation of appropriate Selection Board/Committee as well as approval of the appoint ing authority. | | 14.03 | Induction of Employees of other Services | | | (1) A person belonging to the Federal Government including the Armed Forces of Pakistan or a Provincial Government or a Corporation or body set up or controlled by any such Government and serving on deputation in the NAB may opt for permanent absorption in the NAB against the post equal to or identical with the post held on regular basis by him. under such Government, Corporation or body. | | | (2) The option for absorption once exercised shall be final and subject to the consent of the competent authority of such employee in the parent department and approval of the appointing authority in the NAB, his appointment in the NAB shall be deemed as appointment on transfer for all purposes under these TCS. | | 14.04 | Appointment of Advisors and Consultants | | | (1) The Chairman may employ for a specific period advisors and consult ants as he may consider necessary for the efficient performance of his functions and exercise of his powers under the NAB Ordinance. | | | (2) The Chairman may in his discretion determine the terms and conditions of employment of advisors and consultants, engaged by him from time to time under sub para (1) above. | | 14.05 | Seniority on Induction | | | Notwithstanding anything to the contrary contained in these TCS on induction in the NAB as provided in para 14.03, | | | (i) The employees shall take there inter-se-seniority in order of the date of their regular appointment to the posts in BPS-17 or equivalent in their respective cadres which they hold before their appointment in the NAB and where such date is the same, the person older in age shall stand senior. | | | (ii) The officers and personnel of the Armed Forces on their induction shall retain their seniority amongst themselves. | | | (iii) The employees serving in BPS-16 and below shall reckon their seniority from the date of their regular appointment to the posts which they were holding before their appointment in the NAB. | | 14.06 | Not to Consult FPSC | | | Notwithstanding anything to the contrary contained in any other law already in force, it shall not be necessary to consult the Federal Public Service Commission on matters relating to the Methods of Appointment or Qualifications etc., or making such appointments of numbers of staff of the NAB; who are not to be governed by the provisions of the Civil Servants Act, 1973, as provided in section 28(d) for the NAB Ordinance. | | 14.07 | Sanction of Increments, Medical Expenditure, Honorarium and Rent Ceiling. | | | The Chairman may sanction: | | | (i) Upto five advance increments on recommendation of the Selection Board or the concerned Departmental Selection Committee, as the case may be for an employee possessing qualifications higher than those prescribed for the post appointed against. | | | (ii) Reimbursement, of all medical expenditures including those incurred on medicines, laboratory tests and hospitalization etc; on prescription of panel of medical specialists or the Government/Armed Forces hospital's: | | | (iii) House rent ceiling payable to the employee alongwith his monthly salary on recommendation of Director General (Administration), Head quarters Office or Head of RNAB. as the case may be; and | | | (iv) Ex-gratia or remuneration or honorarium or reward to' any employee in recognition of his extra-ordinary services rendered for the NAB under instructions of the Chairman. | | | (v) NAB allowance @80% of the running basic pay to all employees. | | | (vi) Special allowance @50% of pay for Investigation Officers only, detailed for field duty. | | 14.08 | Application or Other Rules ========================== | | | In matters not covered under these TCS the employees of the NAB shall be governed by the rules applicable to the other civil servants and the instructions issued from time to time by the Federal Government on such subject. | | 14.09 | Repeal ====== | | | Any rules/regulations framed or instructions/orders issued to regulate the services of employees of the NAB are hereby repealed, but the repeal thereof shall not affect any' action taken or anything done or, suffered thereunder. |

NATIONAL ACCOUNTABILITY BUREAU (NAB)

METHODS OF APPOINTMENT, AND QUALIFICATION (MAQ)

Islamabad the 26th, October, 2002

S.R.O.781(I)/2002,- In pursuance of sub-para 2 of para 3.04 of National Accountability Bureau (NAB) Employee9Terms and Conditions of Services (TCS). 2002, the following methods, qualifications and other conditions are laid down for appointment to the posts in the National Accountability Bureau (NAB)

SANCTIONED POSTS

  1. The sanctioned Posts in the NAB are as under:

|--------|----------------------------------------------------------|------|-----------------| | S. No. | Nomanclature of Post | BPS | Number of Posts | | 1 | Chairman | 22 | 1 | | 2 | Deputy Chairman | 21 | 1 | | 3 | Director General | 21 | 6 | | 4 | Director | 20 | 12 | | 5 | Additional Director/Deputy Secretary | 19 | 59 | | 6 | Deputy Director/investigation Officer/Section Officer | 18 | 84 | | 7 | Assistant Director/Investigation Officer/Section Officer | 17 | 126 | | 8 | Inspector/Investigation Officer | 16 | 20 | | 9 | Personal Assistant (P.A.) | 16 | 13 | | 10 | Superintendent | 16 | 10 | | 11 | Accountant | 16 | 6 | | 12 | Stenographer | 15 | 69 | | 13 | Stenotypist | 12 | 76 | | 14 | Assistant | 11 | 66 | | 15 | Cashier | 11 | 6 | | 16 | Data Entry Operator (DEO)/Key Punch Operator (KPO) | 10 | 18 | | 17 | Upper Division Clerk (UDC) | 07 | 31 | | 18 | Lower Division Clerk (LDC) | 05 | 58 | | 19 | Driver | 04 | 68 | | 20 | Despatch rider (DR) | 04 | 2 | | 21 | Duplicating Machine Operator (DMO) | 04 | 7 | | 22 | Daftry | 03 | 6 | | 23 | Qasid | 02 | 6 | | 24 | Cash Messenger | 01 | 6 | | 25 | Naib Qasid | 01 | 131 | | 26 | Sanitary Worker | 01 | 12 | | TOTAL : || ---- | 1900 |

METHODS OF APPOINTMENT

  1. The following methods of appointment shall be applicable in filling in the vacancies:

|--------|----------------------------------------------------------|-----|--------------|--------------------------------|--------------------------------| | S. No. | Nomanclature of Post | BPS | By Promotion | BY initial appointment Remarks | Remarks | | 1 | Chairman | 22 | - | - | To be appoint by the President | | 2 | Deputy Chairman | 21 | - | - | - | | 3 | Director General | 21 | 75% | 25% | - | | 4 | Director | 20 | 75% | 25% | - | | 5 | Additional Director/Deputy Secretary | 19 | 67% | 33% | - | | 6 | Deputy Director/Investigation Officer/Section Officer | 18 | 50% | 50% | - | | 7 | Assistant Director/Investigation Officer/Section Officer | 17 | 25% | 75% | - | | 8 | Inspector/Jr. Investigation Officer | 16 | - | 100% | - | | 9 | Personal Assistant (P.A.) | 16 | 100% | - | - | | 10 | Superintendent | 16 | 100% | - | - | | 11 | Accountant | 16 | 100% | - | - | | 12 | Stenographer | 15 | 50% | 50% | - | | 13 | Stenotypist | 12 | 10% | 90% | - | | 14 | Assistant | 11 | 33% | 67% | - | | 15 | Cashier | 11 | 50% | 50% | - | | 16 | Data Entry Operator (DEO/Key Punch Operator (KPO) | 10 | - | 100% | - | | 17 | Upper Division Clerk (UDC) | 07 | 50% | 50% | - | | 18 | Lower Division Clerk (LDC) | 05 | 50% | 50% | - | | 19 | Driver | 04 | - | 100% | - | | 20 | Despatch rider (DR) | 04 | - | 100% | - | | 21 | Duplication Machine Operator (DMO) | 04 | 50% | 50% | - | | 22 | Daftry | 03 | 100% | - | -- | | 23 | Qasid | 02 | 100% | - | - | | 24 | Cash Messenger | 01 | 100% | - | - | | 25 | Naib Qasid | 01 | - | 100% | - | | 26 | Sanitary Worker | 01 | - | 100% | - |

(i) Provided that the above methods of appointment shall apply after reserving the vacancies for absorption of the existing employees of the NAB and those persons who are serving on transfer/deputation basis for the last one year in the NAB, against the posts equal to those already held on regular basis by them in their parent departents in terms of paras 14.02 and 14.03 of the TCS ; and

Provided further that failing promotion, the posts shall be filled by initial appointment and failing that by transfer.

CONDITIONS FOR PROMOTION

Promotion to the posts in column 2 below shall be made by selection from amongst the persons who hold the posts specified in column 4 on a regular basis and possess the qualifications and experience prescribed in column 5.

|-------|------------------------------------------------------------|-----|---------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------| | S. No | Nomenclature of Post | BPS | Persons eligible for promotion | Conditions | | 1 | 2 | 3 | 4 | 5 | | 1 | Director General | 21 | Director/(BPS-20) | 22 years service in BPS 17 and above or 17 years service in BPS-I8 and above or 12 years service in BPS-l9 and above or 5 years service-in BPS-20. | | 2 | Director | 20 | Additional Director/Deputy Secretary (BPS-19) | 17 years service in BPS-17 and above or 12 years service in BPS-18 or above or 5 years service in BPS-19. | | 3 | Additional Director/ Deputy Secretary | 19 | Deputy Director/Sr- Investigation officer/Section officer (BPS-18). | 12 years service in BPS-17 and above or 7 years service in BPS-18. | | 4 | Deputy Director/Sr. Investigation Officer/ Section Officer | 18 | Assistant Director Investi gation Officer/Section Officer (BPS-17) | 5 years service in BPS-17. | | 5 | Assistant Director/ Investigation Officer/ Section officer | 17 | Inspector/Superintendent/ Accountant/Personal Assistant (BPS-16) | 3 years service in BPS-16 or 8 years service in BPS- 11 and above. | | 6 | Personal Assistant (P.A) | 16 | Stenographer (BPS-15) | (i) 3 years service in BPS-15. (ii) Computer operation know ledge and Experience. | | 7 | Superintendent | 16 | Assistant (BPS-15/11) | (i) 5 years service in BPS- 11 and above. (ii) Computer operation know ledge. preferable. | | 8 | Accountant | 16 | Cashier (BPS- 11)/ Assistant (BPS-15/11) | (i) 5 years service in BPS-11 and above. (ii) Computer operation know ledge, preferable. | | 9 | Stenographer | 15 | Stenotypist (BPS-12) | (i) 3 years service (ii) Shorthand speed 100 w.p.h. (iii) Computer operation knowledge and experience. | | 10. | Stenotypist | 12 | Data Entry Operator (DEO)/ key punch operator (KPO) (BPS-10) | (i) 3 years service (ii) Shorthand speed 80 w.p.m | | 11 | Assistant/Cashier | 11 | Upper Division Clerk (BPS-07) | (i) 3 years service (ii) Computer operation knowledge preferable | | 12 | Upper Division Clerk | 07 | Lower Division Clerk (BPS-05) | (i) 3 years service (ii) Computer operation knowledge preferable | | 13 | Lower Division Clerk | 05 | Employees-in-BPS-2 to BPS-4 | (i) Lind Division Matric (ii) Typing speed 30 w.p.m | | 14 | Duplicating Machine Operator | 04 | Daftry (BPS-03) | (i) 3 years service (ii) Knoledge of Duplicating Machine operation. | | 15 | Daftry | 03 | Qasid (BPS-02) | 3 years service | | 16 | Qasid | 02 | Naib Qasid/Cash Messenger (BPS-01) | 3 years service |

Qualifications, Experience and Age Limits for Initial Appointment

A candidate must possess educational qualifications and experience and must be within age limits as mentioned against the post concerned in the schedule to this notification.

This notification issues with the concurrence of the Establishment Division and it supersedes all orders/notifications issued in connection with the above.

SCHEDULE

|--------|---------------------------------------------------------------|-----|-----|---|----|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | S. No. | Nomenclature of the Post | BPS | Age Limit ||| Academic Qualification | Experience | | S. No. | Nomenclature of the Post | BPS | Min | Max || Academic Qualification | Experience | | 1 | Director General | 21 | 40 || 50 | Second Class or Grade 'C' Master's Degree in Business Administration/ Commerce/Econo- mies/Statistics/Defence of Strategic Studies Law/computer Science from a recognized University or a Char tered Accountant or B.E./B.Sc. (Civil/ mechanical/Electrical/ Petroleum or any qualification approved by the competent authority. | 22 years post academic qualification experience in BPS-17 and above or equivalent in Investigation or Inquires or Research or Legal Matters or in the field to be specified at the time of advertisement. | | 2 | Director | 20 | 35 || 45 | -do- | 17 years post academic qualification experience in BPS-17 and above or equivalent in the field specified against S. No. 1. | | 3 | Additional Director/ Deputy Secretary | 19 | 30 || 40 | -do- | 12 years post academic qualification experience in BPS-17 and above of equivalent in the fields specified against S. No. 1. | | 4 | Deputy Director/Sr. Investigation Officer/ Section Officer | 18 | 25 || 35 | -do- | 5 years post academic qualification experience it BPS-17 or equivalent in the fields specified against S. No. 1. | | 5(a) | Assistant Director/ Investigation Officer I/Section Officer | 17 | 20 || 30 | MBA (Finance)/ MBA (Accounts)/CA/Second class or Grade-C, M.Com/MSc Economics) Statistics/Inter CA with four years of articleship after B.Com/BBA. | Experience in the relevant field preferable. ### OR | | 5(b) | Assistant Director/ Investigation Officer II/Section Officer. | 17 | 20 || 30 | (a) 1st class or Grade -B' Bachelor's degree (b) LLB/LLM/Bar at Law from recognized University/College of Law. | Experience in the relevant field preferable. | | 6(a) | Inspector/Jr. Investigation Officer. | 16 | 18 || 28 | First Class of Grade 'B' Bachelor's Degree in Business Administra tion/Commerce/Econ o mics/Statistics/taw from any recognized University or the qualification to be specified at the time of advertisement. | Experience in the relevant field preferable. OR | | 6(b) | Inspector/Jr. Investigation Officer. | 16 | 18 || 28 | (a) First Class or Grade 'B' Bachelor's Degree. (b)ACMA/Inter CA. | Experience in the relevant field preferable. | | 7 | Personal Assistant (PA) | 16 | 18 || 28 | Second Class or Grade 'C' Bachelor's Degree from any recognized University. Computer Programming/Operation Course, relaxable for Bachelor with Comp uter Science. Shorthand/ Typing speed of 100/50 w.p.m. respectively. | (i) 2 years post academic qualification experience in the relevant field. (ii) Experience in computer Operation essential. | | 8 | | 16 | 18 || 28 | Second Class or Grade 'C' Bachelor's Degree from any recognized University. Computer Programming/ Operation Course, relax able for Bachelor with Computer Science. Shorthand/hyping speed of 100/50 w.p.m. respec tively. | (i) 2 years post academic qualification experience in the relevant field. (ii) Experience in Computer Operation essential. | | 9 | Superintendent | 16 | 18 || 28 | Second Class or Grade 'C' Bachelor's Degree from any recognized University. | (i) 2 years post academic qualification experience in the relevant field. (ii) Experience in Computer Operation preferable. | | 10 | Accountant | 16 | 18 || 28 | Second Class or Grade 'C' Bachelor's Degree in Commerce from any recognized University. | (i) 2 years post academic qualification experience in the relevant field. (ii) Experience in Computer Operation preferable. | | 11 | Stenographer | 15 | 18 || 25 | Second Class or Grade 'C' Bachelor's Degree with Shorthand/Typing Speed of 100/50 w.p.m. respectively. | Experience in Computer Operation preferable. | | 12 | Stenotypist | 12 | 18 || 25 | Second Class or Grade 'C' Intermediate with Shorthand/Typing peed of 80/40 w.p.m. respectively. | Experience in Computer Operation preferable. | | 13 | Assistant | 11 | 18 || 25 | Second Class or Grade 'C' Bachelor's Degree from any recognized University. | Experience in Computer Operation preferable. | | 14 | Cashier | 11 | 18 || 25 | -do- | Experience in the relevant field and Computer Operation preferable. | | 15 | Data Entry Operator (DEO)/Key Punch Operator (KPO). | 10 | 18 || 25 | Second Class or Grade 'C' Intermediate with speed of 10,000 key depressions per hour for data entry. | Experience in the relevant field preferable. | | 16 | Upper Division Clerk (UDC) | 7 | 18 || 25 | Second Class or Grade `C' Intermediate. | Experience in Computer Operation preferable. | | 17 | Lower Division Clerk (LDC) | 5 | 18 || 25 | Second Class or Grade 'C' Matric with 30 words per minute typing speed. | Experience in relevant field preferable. | | 18 | Driver | 4 | 18 || 25 | Middle pass with valid driving licence. | Experience in relevant field preferable. | | 19 | Despatch Rider | 4 | 18 || 25 | -do- | -do- | | 20 | Duplicating Machine Operator (DMO) | 4 | 18 || 25 | Matric | 1 year experience of operat ing, Duplicating Machines/ Photo Copies desirable. | | 21 | Daftry | 2 | 18 || 25 | Middle Pass | 1 year file handling experience desirable. | | 22 | Qasid | 2 | 18 || 25 | Middle Pass | 1 year office experience desirable. | | 23 | Cash Messenger | 1 | 18 || 25 | Middle Pass | --- | | 24 | Naib Qasid | 1 | 18 || 25 | Middle Pass | --- | | 25 | Sanitary Worker | 1 | 18 || 25 | Primary Pass | --- | | | | | | | | | |

Note: 1. Candidates possessing higher academic qualifications shall be preferred and length of experience relaxable by 4 years for Ph. D and 2 years for M. Phil. Degree holders.

  1. Study period for obtaining any academic qualification during the service shall not be counted towards prescribed experience.

  2. Age. qualification and experience shall be counted/examined as on the closing date ,for receipt of applications.

  3. Maximum age limit shall be relaxable in accordance with the TCS and rules/orders issued from time to time by the Federal Government.

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