Sunday, 9 November 2014

FEDERAL INVESTIGATION AGENCY (APPOINTMENT, PROMOTION AND TRANSFER) RULES, 1975

FEDERAL INVESTIGATION AGENCY (APPOINTMENT, PROMOTION
AND TRANSFER) RULES, 1975


S.R.O. 340 (1)/75, dated 21st March, 1975: In exercise of the powers conferred by Section 9 of the Federal Investigation Agency Act, 1974 (VIII of 1975), the Federal Government is pleased to make the following rules namely

1. Short title, commencement and application: (1) These rules may be called the Federal Investigation Agency (Appointment, Promotion and Transfer) Rules, 1975.

(2) They shall come into force at once.

2. Definitions: In these rules, unless there is anything repugnant in the subject or context:‑‑

(a) "Act" means the Federal Investigation Agency Act, 1974 (VIII of 1975);

(b) "Central Selection Board" has the same meaning as in the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973 ;

(c) "Commission" has the same meaning as in the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973;

(d) "Departmental Promotion Committee" means a Committee constituted for the purpose of making selection for appointment by promotion to posts under the Federal Investigation Agency in Grade 18 and below;

(e) "Departmental Selection Committee" means a Committee constituted for the purpose of making selection for direct appointment or through transfer to posts under Federal Investigation Agency in Grade 18 and below;

(f) "Grade" means a National Scale of Pay in which a post or group of posts is placed ; and

(g) "Schedule" means Schedule appended to these rules.

3. Appointments to the posts under the Federal Investigation Agency shall be made by the following methods, namely;

(a) by promotions of persons employed on regular basis in the Agency;

(b) by transfer of person from other Departments of the Federal Government and the Provincial Governments, on deputation for a specified period; and

(c) by direct appointment.

4. Appointments to the posts of Director‑General and Additional Director‑General shall be made by the Federal Government on the basis of selection ordinarily from amongst officers of All‑Pakistan Unified Grade.

5. Posts in Grade 19 shall ordinarily be filled by promotion of officers of Grade 18 serving in the Agency on regular basis: Provided that if no suitable officer possessing the requisite qualifications and experience, if any, is available for promotion In the Agency, the posts may be filled by transfer or direct appointment as may be appropriate.

6. Not more than 50 per cent of the posts in Grades 16, 17 and 18 shall be filled by promotion of officers serving in the Agency on regular basis: Provided that if no suitable officers possessing the reuisite qualifications, experience and length of service are available the posts may be filled by transfer or direct appointment.

7. Posts in Grades 1 and 2 of peon, constable and electrician shall be filled by direct appointment and the posts of Daftry and Jamadar shall be filled by promotion.

8. 50 per cent, of the posts in Grades 3 to 15 shall be filled by promotion and 50 per cent by direct appointment or transfer: Provided that if no suitable person is available in the Agency to fill a post by promotion, the post may be filled by direct appointment or transfer as may be appropriate.

9. There shall be three Departmental Promotion Committees each consisting of three officers for selecting persons for appointment by promotion to the Grades specified against each in Schedule I.

10. There shall be three Departmental Selection Committees each consisting of three officers for selecting persons for appointment by direct recruitment or transfer to the Grades specified against each in Schedule II.

11. The authorities competent to make appointment, whether by promotion, transfer or direct recruitment to the various Grades shall be as follows

(i) Grades 17 and above: Prime Minister.

(ii) Grades 11 to 16: Director‑General.

(iii) Grades 3 to 10: Director‑General or Additional Director‑General or any Officer not below the rank of a Director of the Agency (Grade 19) to whom the powers are delegated by the Director General.

(iv) Grades 1 and 2 : Deputy Director of the Agency (Grade 18 officer).

12. For the purposes of promotion, and direct appointment, and transfer, the posts in the Federal Investigation Agency will be placed in the following groups, namely

(i) Investigation                                     (iv) Income‑tax.

(ii) Accounts                                                    (v) Engineering.

(iii) Customs                                                    (vi) Legal.

These groups may, for the smooth administration of the Agency and with the prior approval of Federal Government, be added to or modified as may be considered appropriate by the Director‑General.

13. (1) Appointments by promotion shall ordinarily be made within the Groups mentioned in rule 12 by promotion of officers and staff working in the next lower grade or rank on the recommendation of the appropriate Departmental Promotion Committee or the Central Selection Board, as the case may be.

(2) Only those persons who are employed on regular basis in the Agency shall be considered by the Departmental Promotion Committee for promotion.

(3) Persons appointed in the Agency by transfer can be considered for promotion only after they have been selected to serve the Agency only on regular basis.

14. The service limits for purposes of promotion to Grades 18, 19 and 20 shall be the same as have been or may be prescribed by the Establishment Division from time to time.

15. Appointment by transfer on deputation for a specified period shall be made from amongst the persons holding appointments in the departments or organizations in the same grade in which the post to be filled exists or in promotion from the next lower grade, or rank provided that the person concerned possess the qualifications and experience prescribed for the direct appointment or promotion to the post concerned.

16. A person appointed under rule 15 may, with the approval of the appointing authority, be retained on regular‑basis in the Agency and may, after obtaining the consent of the official concerned and with agreement of his parent department be confirmed in due course against permanent post.

17. Direct appointments to posts in Grade 16 and above shall be made on the basis of examination or test to be held by the Commission.

18. Direct appointments to posts in Grades 3 to 15 shall be made on the recommendation of the Departmental Selection Committee after the vacancies have been advertised and the candidates interviewed.

19. A candidate for direct appointment to a post must possess the educational qualifications and experience, must be within the age limits and fulfil other conditions laid down for the post in Schedule III.

20. A candidate for appointment to a post shall be a citizen of Pakistan:

Provided that in the case of candidates to be appointed on temporary basis to posts in the Pakistan Missions or elsewhere abroad, this requirement may be relaxed with the approval of the interior Division for a period not exceeding one year at a time.

21. Vacancies in the under‑mentioned posts shall be filled on all‑Pakistan basis in accordance with the merit on Provincial or regional quotas prescribed by the Federal Government from time to time (i) Ail posts in Grade 16 and above. (ii) Posts in Grades 3 to 15 in offices which serve the whole of Pakistan.

22. Vacancies in posts in Grades 3 to 15 in offices which serve only a particular province or region and the incumbents of which are not ordinarily transferable to officers of the Agency located in other Provinces or regions shall be filled by appointment of region concerned.

23. Vacancies in posts in Grades 1 and 2 shall ordinarily be filled on local basis.

24. A candidate for appointment must be in good mental and bodily health and free from any physical defect likely to interfere with the discharge of his duties.

25. When under these rules a post is required to be filled through the Commission, the appointing authority shall forward a requisition on the prescribed form to the Commission immediately if it is decided to fill the post or, if that is not practicable and the post is filled on ad hoc basis as provided in rule 26 within two months of the filling of the post.

26. When the appointing authority considers it to be in the public interest to fill a post falling within the purview of the Commission urgently pending nomination of a candidate by the Commission, it may proceed to fill it on an ad hoc basis for a period not exceeding six months. The post shall be advertised and the procedure, as laid down in Part VII for direct appointment shall be followed in making ad hoc appointments.

27. Short term vacancies in the posts falling within the purview of the Commission and vacancies occurring as a result of creation of temporary posts for period not exceeding six months may be filled by the appointing authority otherwise than through the Commission on a purely temporary basis, after advertising the vacancy in the newspapers.

28. Notwithstanding anything contained in the foregoing provisions of the rules, the rules framed by the Establishment Division from time to time for appointment to all grades of the Ministerial posts in attached departments of the Federal Government shall apply to appointments to the ministerial posts in the Agency.

29. All posts of Ministerial staff in the Agency up to Grade 14 shall be considered to be on cadre.

30. The appointing authority may, on the recommendation of the Departmental Selection Committee, relax the upper age limit and physical requirements regarding height and chest as laid down in Schedule III in suitable cases of persons otherwise highly experienced in the field in which the posts exist, and the requirements of educational qualifications may be relaxed provided that persons possessing the requisite qualifications are not available and prior approval of the Federal Government is obtained for such relaxation.

31. In respect of matters not provided in the Act and not covered by these rules or any other rules framed under the Act but covered by the Civil Servants Act, 1973 (LXXI of 1973), or the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, the corresponding provisions of the later Act or the Rules shall apply to the appointments made under these rules.

[For Schedules I to III, see Gazette of Pakistan, Extraordinary, Part II, dated 21st March, 1975].





No comments:

Post a Comment