THE PUNJAB BAR COUNCIL EMPLOYEES
SERVICE
RULES 1974
(AS AMENDED UP TO DATE)
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No. 4587/1982 - In exercise of the power conferred by
Section 56 of the Legal Practitioners & Bar Council Act, 1973 (Act XXXV of
1973), the Punjab Bar Council is pleased to make the following Rules -
THE
PUNJAB BAR COUNCIL EMPLOYEES RULES, 1974
(See
Section 56 of the Act)
GENERAL: These Rules may be called the Punjab Bar Council
Employees Service Rules, 1974. They shall come into force with effect from Ist July,
1974, except Chapter VIII which shall come into force from 15.4.1982. In these
Rules, unless the context otherwise requires, the following expressions shall
have the meanings hereby respectively assigned to them, that is to say -
- "Appointing Authority", means the authority
enumerated as such under Rule 4.11 of the Pb.Bar Council Rules, 1974;
- "Bar Council", means the Punjab Bar Council;
- "Executive Committee", means the Executive
Committee of the Punjab Bar Council;
- "Chairman", means the Chairman of the
Executive Committee;
- "Rules", means the Punjab Bar Council Rules,
1974;
- "Employee", means an employee of the Punjab
Bar Council;
- "Appendix", means the appendix to these
Rules; &
- Terms not defined shall have the meanings assigned to
them under the Act and the Rules.
CHAPTER - II
REQUIREMENT
- QUALIFICATION & RETIREMENT
2.1. The qualification required for the various categories of
posts, and the pay scales shall be as specified in the Appendix. Provided that
the Bar Council may allow special pay to an employee who has been drawing the
maximum of his grade for the last two years. Provided further that the Bar
Council may relax the qualifications for appointment/promotion in relation to
an employee.
2.2. The employees shall be given preference in the matter of
appointment, but in the event of non availability of a suitable person, the
vacancy shall be filled up by direct recruitment after public advertisement.
2.3. Promotion, shall be strictly on the basis of
seniority-cum-efficiency.
2.4. No person, who has been dismissed from service or convicted
of an offence involving moral turpitude, shall be eligible for appointment.
2.5. The minimum age for employment shall be 18 years.
2.6. The retirement age of an employee shall be 1(60) years.
Provided that the Bar Council may
retire an employee earlier on the ground of his being found medically unfit to
perform his duties.
CHAPTER - III
CONDITIONS
OF SERVICE
3.1. A person joining on initial appointment shall remain on
probation for a period of one year and an employee, who is promoted, shall
remain on probation for six months.
3.2. If the work or the conduct of an employee during the period
of probation has been unsatisfactory, the appointing authority, not
withstanding, that the period of probation has not expired, may, if he has been
appointed by initial recruitment, dispense with his services, and if he has
been appointed by promotion, revert him to his substantive post.
3.3. On completion of the period of probation, the appointing
authority may confirm the employee in the appointment, or if his work or
conduct has, in the opinion of the appointing authority not been satisfactory -
- in case he has been appointed by initial recruitment,
dispense with his service;
- in case he has been appointed by promotion, revert him
to his substantive post;
- extend the period of probation by a period not
exceeding one year in case of initial recruitment, and six months in case
of appointment by promotion, and during or on the expiry of such period,
pass such orders as it could have passed during or on the expiry of the
initial probationary period; Provided that if no orders have been made by
the day following the completion of initial probationary period, the
period of probation shall be deemed to have been extended. Provided
further that if no orders have been made by the day on which the maximum
period of probation expires, the probationer shall be deemed to have been
confirmed in his appointment from the date on which the period of
probation was last extended.
3.4. The seniority inter se of the employees in a grade shall be
determined with reference to their dates of appointments to the grade.
Provided that if the date of
appointment of more than one employee is same, the seniority shall be
determined by the date of birth.
CHAPTER - IV
CONTRIBUTORY
PROVIDENT FUND
4.1. There shall be a Contributory Provident Fund, to be called
the Punjab Bar Council Employees Contributory Fund, hereinafter referred to as
the 'Fund'.
1 . Substituted by Notification No.
4286, dated 10.7.1987.
4.2. Each employee shall compulsorily contribute to the Fund at
the rate of Rs. 12.5, percent, per month, of his basic pay, and the Bar Council
shall, also, made an equal contribution to the account of such employee.
Provided that an employee shall not be entitled to receive the contribution
from the Bar Council unless he has put in five years continuous service.
Provided further that the employees who have completed five years service at
the time of the commencement of these rules, shall be entitled to payment of
the contribution of the Bar Council under Rule 4.2.
4.3. An employee shall be entitled to payment of the amount due
to him under Rule 4.2, on his leaving employment or on retirement, and in the
event of the death of an employee, the amount shall be paid to such
person/persons as may have been nominated by him to receive the amount.
Provided that no employees, who is dismissed from service, shall be entitled to
receive the contribution of the Bar Council under Rule 4.2.
4.4. At the recommendations of the appointing authority, and
subject to the discretion of the Bar Council, and advance from the Contributory
Provident Fund, shall be granted to an employee having put in -
- less than five years of continuous service, upto the
amount contributed by him to the C.P.Fund;
- more than five years continuous service, upto the
amount to be determined by the appointing authority out of the total
contribution,
for the following purposes-
- to pay expenditure in-curred in connection with the
illness of the employee or any person actually dependent on him;
- to pay expenditure in connection with marriage of the
employee, or any person actually dependent on him;
- to pay expenditure on building or purchasing of house
or site for a house;
- to pay expenditure in connection with the performance
of Hajj; and
- such emergency, which the Bar Council may deem fit.
LEAVE
5.1. . Each employee shall be entitled to avail the following
paid leave -
- Casual leave not to exceed 25 days in a calendar year
to be allowed for good cause only. Provided that no employee shall be
allowed casual leave for more than six consecutive days at a time.
- Earned Leave - An employee of the Punjab Bar Council
shall earn leave to be calculated at the rate of four days for every calendar
month of the period of duty rendered and credited to the leave accounts.
Duty period of 15 days or less in a calendar month shall be ignored and of
more than 15 days shall be treated as a full calendar month for the
purpose. There shall be no maximum limit on the accumulation of such
leave.
- Grant of Leave - The maximum period of leave on full
salary that may be granted at one time, shall be as follows:
- without medical certificate. 120 days.
- with medical certificate. 180 days
- on medical certificate from leave account in entire
service. 365 days.
5.2. . Extraordinary leave (leave without pat) : It may
be granted on any ground upto a maximum period of five years at time, provided
the employees to whom such leave is granted has been in continuous service for
a period not less than ten years; in case an employee has not completed ten
years of continuous service, extraordinary leave without pay for a maximum
period of two years may be granted at the discretion of the appointing
authority.
5.3. . Leave Preparatory to Retirement : Subject to
availability, the maximum period, which an employee may be granted as leave
preparatory to retirement, shall be 365 days, on payment of full salary.
5.4. . Encashment of refused leave : If in case of
retirement on attaining the age of superanuation, an employee, for reasons of
public service be granted leave preparatory to retirement, duly applied for in
sufficient time, he will in lieu thereof be granted lump sum leave salary, for
the leave refused to him, subject to a maximum of 180 days leave, on full
salary.
5.5. In Service Death : In case an employee dies while in
service, lump sum payment equal to full salary of the accumulated Earned Leave
at his credit, shall be made to his family, and, in case there is no Earned
Leave available at the time of death of the employee, his family shall be paid
full salary upto 180 days.
CHAPTER - VI
DISCIPLINARY
ACTIONE
6.1. When an employee, in the opinion of the Appointing
Authority,
- is inefficient, or has ceased to be efficient;
- is guilty of misconduct; or
- is negligent,
6.2. the appointing authority may impose on him one or more
penalties.
EXPLANATION -"Misconduct" includes conduct prejudicial to good
or office discipline or unbecoming of an employee, and gentleman or any act
prejudicial to the cause, and purpose of Bar Council, and legal profession.
The following are the penalties,
namely -
- warning;
- Censure;
- Withholding for a specific period increment or
promotion;
- Recovery from pay or other emoluments, of the whole or
any part of any pecuniary loss caused to the Bar Council by negligence or
breach of order;
- Reversion to a lower post;
- Removal from service; and
- Dismissal from service.
EXPLANATION-In this Rule, removal from service or dismissal from service
does not include the discharge of a person appointed on probation during the
period of probation or appointed under a contract to hold temporary appointment
on the expiration of period of appointment or in accordance with the terms of
his contract.
6.3. When an employee is to be proceeded against under clause
(a) of Rule 6.1, and the Appointing Authority is of the opinion that the
allegations if established would call for any or more penalties provided in
clause (i), (ii), and (iii) of Rule 6.2, the Appointing Authority shall make
the allegations against an employee known to him in writing and call upon him
to explain his conduct within seven days of the receipt thereof and consider
the explanation of the employee, if any, submitted within the specified time
and after giving him an opportunity of being heard in person, may award any one
or more of the penalties specified in Rule 6.2, clauses (i), (ii), and (iii).
6.4. When an employee is to be proceeded against under clause
(b) or (c) of Rule 6.1, and the Appointing Authority is of the opinion that the
allegations if established, would call for a penalty provided in clause (iv) to
(vii) of the Rule 6.2, the following procedure shall be observed, namely-
- The Appointing Authority shall frame a charge and
communicate it to the employee together with the statement of allegations
and any other circumstances, which are proposed to be taken into
consideration;
- The Appointing Authority shall require the employee to
put in a written defence within ten days from the day the charge has been
communicated to him, stating at the same time whether he desires to be
heard in person, or not;
- If the written defence submitted by the employee is
found to be unsatisfactory, the Appointing Authority shall appoint an
Enquiry Officer to held an enquiry into the allegations;
- The Enquiry Officer, shall, after the enquiry in which
the employee shall be entitled to be heard, submit his report within two
months of the commencement of his enquiry to the Appointing Authority
within seven days of the conclusion of the enquiry;
- The Appointing Authority shall consider the report, and
if, upon such consideration, it is of the opinion that a penalty should be
imposed upon the employee, it shall provisionally determine the penalty to
be imposed, and shall so inform the employee, and supply him with a copy
of the report and call upon him to show cause within seven days of the
communication thereof why the penalty proposed should not be imposed.
- The Appointing Authority shall take into consideration
any cause shown by the employee, and pass a final order thereafter
6.5. An employee against whom action is proposed to be taken
under Clause (b) or (c) of the Rule 6.1, may be placed under suspension,
provided that it shall be subject to such orders in relation to attendance or
non-attendance of the office as may be made by the Appointing Authority.
6.6. In the event of the employee being exonerated of the
charges, he shall be entitled to payment of the salary for the period of
suspension in addition to such allowance to which he is entitled, accounting
for any payments made during suspension.
6.7. An employee, on whom a penalty is imposed, shall have the
right of appeal to the Bar Council, were the Appointing Authority is other than
the Bar Council.
CHAPTER - VII
ALLOWANCES
7.1. . An employee shall be paid,
subject to revision from time to time -
- Conveyance Allowance at the
rate of -
- (Rs. 76/-) per month,
- (Rs. 108/-), per month, to an
employee holding a motorcycle.
- (Rs. 161/-), per month, from
NPS-17, and above.
- House Rent Allowance at the
rate of 45% of the minimum of corresponding National Pay Scale.
- Medical Allowance at the rate
of 15% of per month of his basic pay, subject to a minimum of Rs. 60/-,
and maximum of Rs. 120/-, per month
- Capital Allowance at the rate
of 5% of the basic pay.
7.2. The employee shall be eligible to
T.A./D.A. as admissible from time to time to Government servants in the
comparative pay scales.
7.3. All the employees of the Bar Council shall be the whole
time employees.
7.4. 7.4. Nothing in these Rules shall effect any special
allowance, allowed to an employee by the Bar Council.
CHAPTER - VIII
GRATUITY
8.1. Gratuity : Gratuity is the recognition of the
services rendered to the Punjab Bar Council over a long period by a staff
member.
8.2. . Eligibility : All categories of staff, fulfilling
conditions mentioned hereunder shall be eligible for payment of Gratuity.
8.3. Conditions of Eligibility :
- The member of staff must have put in at least 2(10)
years of service with the Punjab Bar Council, including the period of
probation, if any;
- He must have retired on reaching the age of retirement
prescribed by the Punjab Bar Council, which at present is 3(60) years;
&
- Gratuity on the same basis shall also be payable to an
employee who resign after completion of 10years of continuous service or
on the eve of marriage of his daughter/son. In case the gratuity is
availed under this Rule, the same shall be deducted from the amount of
Gratuity admissible to the concerned employee at the end of his service.
5Provided that an employee, having put in 25 years continuous service,
shall be entitled to the payment of 80% of the total amount of gratuity
admissible to him. The said payment shall, however, be adjusted at the
time of his resignation or retirement. Provided that if he dies, while in
the service of the Punjab Bar Council, before qualifying the condition
under clause (i), above, his nominee/nominees shall be paid gratuity at
the rate of 1(two months) 2(basic) salary for each completed year of
service put in by him. 3(Provided further that the Appointing Authority,
under special circumstances, may waive the 'condition of eligibility', and
allow payment of 4(two) months salary, each for the years of service put
in by an employee).
8.4. . Qualification : The following categories of staff
shall not be eligible for payment of any gratuity -
- those who resign from the service of Punjab Bar Council
before completing the service of 5(10) years; &
- those who are dismissed.
8.5. Computation of amount of Gratuity : For calculating
the Gratuity payable to a member of the staff, only the monthly 6(basic)
salary, last drawn by the employee on the date of his retirement, or,
resignation or death 7(and excluding all allowances, benefits, and perquisities),
and shall be taken into consideration.
8.6. . Computation of period of service: - : For the
purpose of calculating the period of 8(10) years service with the Punjab Bar
Council, only continuous 9(10) years shall be taken into consideration.
8.7. PAYMENTOF GRATUITY TO THE EMPLOYEE/NOMINEE :
- Subject to the eligibility, the gratuity shall be paid
to the employee computed at the rate of 10(two months) 11(salary) last
drawn for the number of years of service put in by him; &
- If an employee eligible for payment of gratuity under
these rules, dies in the service of the Punjab Bar Council, or after the
acceptance of resignation or retirement, but before payment of the
gratuity amount to him, such amount shall be paid to his nominee/nominees.
Any payment effected by the Punjab Bar Council in accordance with the
provisions of this Rule, shall give complete discharge to it in respect
thereof.
8.8. . SET-OFF PUNJAB BAR COUNCIL'S CLAIM AGAINST GRATUITY :
In case of members of staff who are eligible for payment of gratuity according
to the Rule, and who owe any money to the Punjab Bar Council, the Council shall
be entitled, without being bound to do so, to set-off and appropriate the
amount of gratuity against such dues owing to the Council or such position thereof
as may be sufficient to meet or satisfy the same.
8.9. These Rules, with modifications, or amendments made from
time to time, and incorporation herein by the Punjab Bar Council, on being
circulated amongst the employees of the Council, shall be acceptable to, and
binding on all the employees of the Council.
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NAME OF POST
|
Minimum Qualification & Method
Of Recruitment
|
Pay Scale
|
|
1. Secretary
|
B.A., L.L.B.
|
NPS-18
|
|
2. Assistant Secretary
|
B.A., L.L.B./ By promotion
|
NPS-17
|
|
3. Editor PLJ.
|
B.A., L.L.B.
|
NPS-18
|
|
4. Associate Editor PLJ.
|
-do-
|
NPS-17
|
|
5. Superintendent.
|
Matric-
|
NPS-16
|
|
6. Account Officer.
|
Matric-
|
NPS-17
|
|
7. (Private Secretary)
Stenographer
|
Matric.
By initial recruitment with Short
Hand Writing speed of 120WPM., & Typing speed of 40 WPM.
|
NPS-15
|
|
8. Computer Operator
|
Matric.-
By promotion amongst the staff
having Diploma in Computer Applications.
|
NPS-14
|
|
9. Assistant.
|
Matric.
By promotion amongst the staff
|
NPS-11
|
|
10. Assistant Accountant
|
Matric.
|
NPS-11
|
|
11. Telephone Operator
|
Matric
|
NPS-7
|
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Clerk.
|
|
NPS-5
|
|
13. Proof Reader PLJ.
|
Matric
By initial recruitment .
|
NPS-5
|
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Peon/Chaukidar/Sweeper.
|
NPS-1
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