PUNJAB AGRICULTURAL DEVELOPMENT AND SUPPLIES CORPORATION, LAHORE

PUNJAB AGRICULTURAL DEVELOPMENT AND SUPPLIES CORPORATION, LAHORE

NOTIFICATION

No.PAD&SC-0185-E-III/81.In exercise of the powers conferred under Section 26 of the Punjab

Agricultural Development & Supplies Corporation Act, 1973 (Punjab Act No.XXI of 1973) the Governor of the Punjab is pleased to make the following Regulations namely the PAD&SC Employees Gratuity Regulations.

1.               Title:- (1) These Regulations may be called the PAD&SC Employees Gratuilty Regulations 1980  and shall come into force with effect from Ist. July,  1973.

2.               Object:- (2) The object of these Regulations is to give, in lieu of pension, a lumpsum grant to the employees of the Corporation holding non-pensionable posts who have completed 10 years servic e or in the events given in Regulation 5 & 6.

3.               Application:- (2)  The Regulations shall apply to the following categories of whole time regular employees:-

a)               Deputy Managing Director/ General Manager.

b)               Directors/Secretary.

c)                Deputy Directors/RegionalManagers

d)               Assistant Directors/District Managers.

e)               Medical Officer.

f)                PS to Manahging Director.

g)               Staff Officers/Accounts Officers/District Audit Officers.

h)               Recovery OfficersResearch Officers.

i)                 Assistant Managers/Procurement Officers.

4.               Definitions:- (4)  (i).    “Competent Authority (ii) Retirement” shall mean:              

a.      Retirement of an employee on superannuation or on completion of 25 years qualifying service.

b.      Discharge from service by reason given in Regulations 6 or any cause other than dismissal due to misconduct.

      (ii) Family” The term “family”  for the purpose of payment of gratuity shall include the following relatives of the employees concerned:-

a.     Wife or wives in the  case of a male employee.

b.     Husband in the case of a female employee.

c.      Children of the employee.

d.     Widow/widows and children of a deceased  son of the employee.

e.     In case of unmarried employees parents, brothers, sisters or other legal heirs.

 Note:

a.      A child means a legitimate child or an adopted child if under the Personal Law of the Employee concerned is legally recognized as conferring the status of a natural child.

b.      If it is proved that the wife has been judicially separated from the employee concerned or has ceased under the customary  Law of the community to which she belongs to be entitled to maintenance she shall no longer be deemed to be a member of the family unless the employee concerned has himself intimated in writing to the competent authority/audit officer that she will continue to be so regarded.

c.      In the case of female employee, if the wife intimates in writing to the competent authority / audit officer that her husband should not be included as a member of the family then he will nolonger be considered as member of his family unless subsequently she cancels in writing her intimation excluding him.

iv.              “Misconduct” means conduct prejudicial to the good order or service Discipline or contrary to PAD&SC Employees Conduct Regulations or conduct becoming of an Officer or Gentlemen and includes any act on the part of the employee to bring or attempt to bring political or other outside influence directly or indirectly to bear on the competent authority in respect of any matter relating to the appointment / promotion / transfer / punishment/retirement or other conditions of service and includes all acts involving moral turpitude, willful breach of rules, regulations, orders or instructions framed or adopted by the Corporation.

v.                “Corporation” means PAD&SC established under Section 3 of the Punjab Act XXI of 1973.

vi.              “Qualify Service” for the purpose of these Regulations shall means continuous service from the date of appointment in the Corporation to the date or retirement or discharge, and also includes the service rendered in the Defunct West Pakistan Agricultural Development & Supplies Corporation / ASO in the case of those employees who were transferred / absorbed in PAD&SC under the Presidential Order (West Pakistan ADC/Dissolution Order (P.C.No.5 of 1972) but it does not include the period of leave without pay or non-condoned suspension or interruption of duty due to absence without leave.

vii.            “Pay”  means pay last drawn by a Corporation Employee before retirement and includes personal pay, special pay and technical pay if any.

viii.           “Corporation’s  employees” means an employee or officer as defined in sub-Section (c ) & (i) of Section 2 of PAD&SC Act 1973 Punjab Act

XXI of 1973 and excludes the following :- 

a.     Deputationists

b.     Employees on contract basis.

c.      Part-time employees.

d.     Daily rated employees/work-charge and contingent paid employees .

e.     Workers governed under Labour Laws.

f.       Re-employed Pensioners whether military or civil.

ix.        Completed year” means complete 12 months and not exceeding 6 months.

5.               Condition & eligibility:- Employees of the Corporation who has been retired on superannuation or has completed 10 years qualifying service or who in otherwise retired under the policy of the Government/Board of Members  of PAD&SC  has completed 10 years qualifying service shall be entitled to gratuity at the rates given in Regulation 7.

6.               Employees of the Corporation having less than 10 years qualifying service shall also be entitled to gratuity in case of any of the following eventualities:-

a)               Death after rendering qualifying service exceeding 5 years.

b)               On being declared unfit for service by the competent Medical Authority as defined under the PAD&SC Medical Attendant Regulations, 1981.

c)                On being compelled to retire by reasons of abolition of post or absence of other suitable employment in the Corporation or in case of dissolution of Corporation.

7.               Rates of Gratuity:- (1) A Corporation employee retiring after completing more than 5 years but less than 10 years qualifying service shall be allowed Gratuity equal to one monlth’s pay for each completed year of service.

(2)             A Corporation employees retiring after having more than 10 yearsqualifying service or due to invalidation or in case of death or retrenchment due to abolition of post or dissolution of PAD&SC he shall be paid gratuity equal to 1 ½ months pay for each completed year of service or a part thereof exceeding 6 months.

8.               Payment of gratuity:- (1) As far as possible the gratuity application shaould be given by the retiring employees six months in  advance of the date of superannuation so that all the preliminary formalities should be completed well in  advance of the date of retirement and the concerned employee should be able to draw his Gratuity immediately after the retirement. However, in cases where itis not practicable to give advance application, efforts will be made to obtain application finalize the process of payment as early as possible but in no case later than 60 days from the date of termination/discharge/death of the employee concerned.

(2)             In case of each of an employee, the payment of Gratuity shall be made to the legal heirs nominated by the deceased employee in accordance with the proportionate shares specified in the said nomination exist, the payments of Gratuity shall be made to the members of his family in accordance with the shares payable under the personal law of the employee concerned **********has no family members, to his legal heirs.

9.               All Applications for Gratuity shall be made to the competent authority on prescribed form. The particulars of the application shall be checked and sanction of payment shall be issued by the Competent Authority.

10.            Deduction from gratuity:- The competent authority shall be competent to recover Corporation dues, if any from the amount payable on account of Gratuity. The deduction made from the gratuity shall be credited to the appropriate head of account and only balance amount of gratuity, if any shall be payable by the Corporation.

11.            Nomination:-  Every employee eligible for gratuity under these Regulation shall be required to fill in a nomination on the prescribed form (in triplicate) for payment of gratuity in case of death. One copy of this nomination shall be kept in the personal file of the officer, the other will be in audit office concerned and the third in the master file of Nomination.

12.            Cancellation of nominations:- (1) A Nomination made in favour of a person who is no member of family shall lapse on the date of employee acquires his family.

(2)             An employee may at any time cancel his previous nomination by sending fresh nomination if he/she so desires along with such notice.

(3)             Every Nomination made and every notice of cancellation given an employee shall to the extent, that is valid take effect from the date on which it is received by the competent authority.

13.            Relaxation:- In case of any hardship or anomaly, the Managing Director may relax any of the provisions of these Regulations for special reasons to be recorded in writing.

14.            Condonation of interruptions deficiencies:- The competent authority may for special reasons to be recorded condone interruptions and other deficiencies.

15.            Entitlement of gratuity governed  under the labour law:- Employees of the Corporation whose services are governed under the Labour Law shall be entitled to such gratuity as provided in the relevant enactments/Law applicable to them. They shall not be entitled to claim gratuity under these Regulations.

16.            Right of appeal against orders of the competent authority:- An employee who is aggrieved in any manner by the orders of the competent authority to sanction gratuity, may within 30 days from the date of the communication of the order, appeal to the next superior authority and the decision of the appellate authority should be final.

17.            Constitution of PAD&SC employees gratuity funds:- The Corporation shall constitute a separate fund, which shall be known as “PAD&SC Employees Gratuity Fund” in which annual contribution payable on account of gratuity under these rules as well as in respect of employees governed under the labour laws, will be kept.

18.            Power to make regulations:- The Board of Members of PAD&SC may with prior approval of the Government of Punjab make such regulations as may be necessary for enforcement of these Regulations.

19.            power to amend the  regulations:- The Government of Punjab may by notification in the official Gazette to amend these Regulations.