Thursday, 20 November 2014

INTERNAL JOB POSTING REGULATIONS, 2007

INTERNAL JOB POSTING REGULATIONS, 2007
[Gazette of Pakistan Extraordinary, Part II,
18th January, 2008]
       S.R.O.61(I)/2007, dated 15-1-2008.-In exercise of the powers conferred by section 22 of the Federal Board of Revenue Act, 2007, the Federal Board of Revenue is pleased to make the following regulations, namely:-~

1.    Short title and commencement.-(1)These regulations may be called the Internal Job Posting Regulations, 2007.
(2)   They shall come into force at once.
2.    Definitions.-(l) In these Regulations, unless there is anything repugnant in the subject or context,-
       (a) 'expert' includes a recognized and accredited entity or person having the specialized skill, knowledge and resources etc;
       (b) 'integrity assessment' means the integrity assessment as provided for under regulation 8;
       (c) 'manpower requirement' means specified number of employees, officers and officials with specialized capabilities required for efficient performance of the duties;
       (d) 'Members' means Line Members, Functional Members and Support Members of the Board;
       (e) 'posting' means placement or transfer of employees, officers and officials from one post to another including transfer to any field formation, etc., under the human resource management process;
       (f) "special allowance" is an allowance given after the candidate is successful in the internal job posting process in recognition of his capability and as an incentive for efficiency, integrity, hard work and good performance and grant of the same shall not be a vested right;
       (g) 'test' ' includes a written test or interview or any other position or post related mode of assessment by the Human Resource Management Wing for evaluation and to select, post, transfer or assess whether the applicant is qualified, efficient and suitable for posting against a specialized or available post; and for the grant of additional allowances or both; and
       (h) 'Wing' means an organizational setup of officers and officials working with or attached to a Member of the Board.
       (2) The words and expressions used in these regulations shall have the same meaning as are assigned to them in the Federal Board of Revenue Act, 2007.
3.    Procedure for determining the requirement of employees.-(1) The Human Resource Management Wing, in consultation with the concerned Member and Member Administration, shall carry out an assessment of the manpower requirement of employees , officers and officials for any particular assignment or task required to be performed by the Board pursuant to its functions and powers.
       (2) Notwithstanding anything contained in sub-regulation (1), any Wing may forward to the Human Resource Management Wing, its manpower requirement and its justification.
       (3) The Human Resource Management Wing shall carry out an assessment of such a requirement periodically either on its own or in consultation with the concerned Wing.
       (4) Where the Human Resource Management Wing is of the view that the said requirement is to be met, it shall present the same to the Board along with justification and seek its approval.
       (5) After getting the approval of the Board, the Human Resource Management Wing shall immediately commence the internal job posting process.
4.    Procedure of application, etc.-(I) The advertisement relating to any post shall be made through the website, a newsletter or a memorandum issued for proper internal circulation or through the relevant field formations.
       (2) The advertisement shall clearly indicate the necessary qualifications, criterion and basis of transfer and posting against the said post and shall also state the deadline of submission of the application.
       (3) Applicants shall be encouraged to submit applications electronically by filing the forms on the website but in case of any difficulty, they may submit the application in writing.
       (4) Any applicant may also correct or improve upon any information that has been submitted electronically or otherwise provided he does so before the expiry of the deadline given in the advertisement.
       (5) Any applicant may apply for more than one post at a time and in such a case, he shall inform the Human Resource Management Wing of such pending application, and shall indicate his preference.
       (6) The Human Resource Management Wing may, in consultation with the relevant wing or relevant field office, as the case may be, offer any applicant, on the basis of his test and interview results, a post or posting or location other than the one applied for.
5.    Application processing procedure.-(1) The Member Human Resource Management Wing shall designate a team of officers who shall examine applications filed electronically or otherwise and assess if the applicant fulfills the criteria provided for in the advertisement:
       Provided that the application shall not be considered unless the applicant affirms and states at the time of filing the application that;
       (a) all Annual Confidential Reports or Performance Evaluation Reports have been received by the Administration Wing of Federal Board of Revenue Headquarters;
       (b) declaration of the assets update has been filed by him, where applicable;
       (c) the code of conduct has been read and signed by him;
       (d) no inquiry is pending with him as inquiry officer beyond prescribed time limit; and
       (e) no disciplinary action is pending against him.
       (2) The Human Resource Management Wing shall review any application that is not in conformity with the specified criteria and the said applicant may be given an opportunity to rectify the discrepancies, within a specified period of time.
6.    Information to applicants selected for test or interview.-(l) The selected applicants shall be informed, electronically or otherwise, regarding the date and place of the test and interview, fixed by the Human Resource Management Wing.
       (2) Applicants shall undergo an assessment specifically designed and provided by Human Resource Wing in accordance with the job description in which one or more of the following skills of the applicant shall be assessed in order to determine the suitability of applicant for posting to the post, namely:-
       (a) professional and technical knowledge, competence and analytical skill;
       (b) computer skills;
       (c) language skills (Urdu, English, and others as may be required);
       (d) knowledge of applicable laws;
       (e) communication skills; and
       (f) any other skill as determined by the Human Resource Management Wing from time to time, depending on the post or position, or criterion generally applied by them.
       (3) The test and assessment shall be conducted by the Human Resource Management Wing or where necessary by any duly designated external experts under the supervision of Human Resource Management Wing and all test results shall be treated as confidential.
7.    Interview of the applicant.-(l) The applicants shall be interviewed on the date and place specified by the Human Resource Management Wing to the applicant.
       (2) The panel for interview shall include a senior officer of the concerned wing and representative of the Human Resource Management Wing who shall carry out the interview in accordance with the criteria as may be specified by the Human Resource Management and Administration wings keeping in view the job specifications and applied standards , or the standard applied for on the candidates contesting for the same or similar position or grades and the interview evaluation shall be made in accordance with the pro forma specified by the Human Resource Management Wing from time to time.
8.    Integrity assessment.-(l) The integrity assessment of the applicants shall also be carried out independently and also through process of test and interview.
       (2) The integrity assessment shall include where required, a fact finding inquiry conducted on behalf of the Human Resource Management Wing by the designated Integrity Inquiry Unit of the Directorate of Intelligence and Investigation Federal Board of Revenue, or by any agency authorized by Human Resource Management Wing with the approval of the Chairman or in relation to the field offices by the Member Administration, and an opinion shall accordingly be formed regarding integrity assessment of the applicant.
       (3) Information about any previous complaints, legal proceedings and any other evidence that may form the basis of the said opinion, shall be considered by the aforesaid Unit.
       (4) The Unit may recommend, disregarding previous complaints, if it concludes that the same are frivolous or was initiated with mala fide intention against the official concerned.
       (5) During the pendency of the process under this regulations the applicant shall not be stopped from undergoing the internal job posting selection process.
       Explanation.-The integrity assessment shall be used as an integral part of the internal job posting selection process for the purpose of selecting employees, officers and officials for posting to newly designated posts under the said process.
9.    Declaration of successful applicant.-(l) The Human Resource Management Wing shall finally consolidate the record of the assessment of the applicants, which shall include test results, integrity assessment, interview results and scrutiny of Annual Confidential or performance evaluation reports, etc.
       (2) After completion of the assessment process, a list of applicants found suitable for working in the Reformed Units will be circulated.
       (3) Applicants so selected will be entitled for a special allowance on the basis of assessment criterion and merit, against the available number of vacant posts or newly created posts.
       (4) The Administration Wing shall notify the successful applicants of their postings and the dates from which special allowances, if any, shall be applicable.
       (5) Selected applicants may, if necessary, be provided with related training prior to posting or on-the-job, as the case may be.
10.  No vested right regarding special allowance and postings and periodic evaluation, etc.-Notwithstanding anything contained in these regulations, the applicants who have been declared successful through the Internal Job Posting process, shall not have any vested right for the grant or continuation of a special allowance or for transfer or posting to a particular post or to continue working against that post and their posting and special allowance shall remain subject to a regular ongoing periodic evaluation process.
11.  No vested right in case of less number of posts.-The applicant who has been declared successful in the written tests, interviews, integrity tests and Annual Confidential Reports, may not be posted for the time being due to lack of sufficient number of vacancies or posts and shall have no vested right to be considered for the selected post or any other post.
12.  Remedies for unsuccessful applicants.-(1) The applicant, who is declared unsuccessful may opt for any of the following remedies to redress his grievance, namely:-
       (a) apply for re-test or accept any post offered; as the case may he, in the meantime or remain on the same post or pay;
       (b) seek advise and guidance from the Human Resource Management Wing in the matter so as to bring about improvement in his capabilities, skills and training.
13.  Representation.-An applicant, after having availed the aforementioned remedies, may, thereafter, file a representation against the internal job posting selection process in cases where,--
       (a) internal job posting selection process was incorrectly carried out to the extent of the applicant; or
       (b) successful applicant is denied any statutory increase in pay or grant of special allowances;
       (c) any existing term and condition is varied to the disadvantage of the applicant;
       (d) applicant was rejected due to incorrect or incomplete information of Human Resource Management Wing;
       (e) applicant was rejected on the basis of a integrity assessment report based on frivolous material etc.; and
       (f) any provision of the Internal Job Posting Regulation 2007 is interpreted to the apparent disadvantage of the applicant.
14.  Authority.-(1) The representation shall be decided, within sixty days, by Member Human Resource Management, and the Member concerned or by any senior officer designated, or Committee formed by them, for this purpose which, in any case shall include representative of the concerned Member, after giving a proper opportunity of being heard to the aggrieved applicant.
       (2) The Chairman shall be the appellate authority for an applicant in BPS 21.
15.  De-notification of special allowance.-The Board may, in specified circumstances, authorize Administration Wing to de- notify special allowance of any employee subject to an opportunity of being heard provided to the official concerned.
16.  Policy Committee.-A Policy Committee shall comprise of the Member (Human Resource Management), the Member (Administration), the Member (Legal) and all the three Line Members and the Policy Committee may review the internal job posting related matters periodically and the findings thereof shall be implemented with the approval of the Chairman, and the Policy Committee may periodically issue guidelines.
17.  Powers of the Chairman.-TheChairman may either on his own or, after examining a particular case, award allowance, or may direct posting of a particular officer or official to a particular post or position, in respect of the case falling under regulation 13, or any other case.


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