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RULES & REGULATIONS

 

COMING SOON! Chapter-1

 

Register L.No.1176

 

 

 

THE GAZETTE OF AZAD

 

JAMMU AND KASHMIR

 

EXTRA ORDINARY GAZETTE

PUBLISHED BY AUTHORITY

 

V0l.LV!.

Muzaffarabad Dated 1st    January , 2010

No.01

 

AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR

Services and General Administration Department

 

Muzaffarabad

Date 24, December 2009.

Notification:-

 

No S&GAD/R/A-4(380)/2009 In exercise of the powers conferred by Section 16 of the Azad Jammu & Kashmir Technical Education and Vocational Training Authority Act, 2007, the Government of Azad Jammu & Kashmir is pleased to make the following rules to determine the terms and conditions of the employees to be recruited in the AJK Technical Education and Vocational Training Authority and to carryout the purposes of establishment of AJK Technical Education and Vocational Training Authority namely:-

Chapter-I

PRELIMINARY

1.01.    Short title, Application and Commencement: (1) These rules may be called the Azad Jammu & Kashmir Technical Education and Vocational Training Authority (Terms and Conditions of Service) Rules, 2009.

(2) It shall apply to all persons employed in the service of Azad Jammu & Kashmir Technical Education and Vocational Training Authority.

(3) They shall come into force at once. All appointments made before coming into force of these rules shall be deemed to have been made under these rules.

1.02.    Definitions: (1) In these rules, unless there is anything repugnant in the subject or context, following expressions shall have the meanings as hereby respectively assigned to them:-

a)      “Act” means the Azad Jammu & Kashmir Technical Education and Vocational Training Authority, Act, 2007;

b)      “Appointing Authority” means a person or authority designated as such or authorized to make appointment to any post in the Authority;

c)      “Basic pay scale” means pay scale of a post as prescribed;

d)      “Confirmation” means regular appointment or induction as substantive appointment to a permanent post;

e)      “Central Selection Board means Selection Board constituted for the purpose of making selection for appointment by initial recruitment and appointment by promotion or transfer to the posts in BPS-16 to 19 employees of the Central office of the Authority;

f)        “Central Selection Committee No. 1 means Selection Committee constituted for the purpose of making selection for appointment by initial recruitment and appointment by promotion or transfer to the posts in BPS-11 to 15 employees of the Central Office of the Authority;

g)      “Central Selection Committee No. 2 means Selection Committee constituted for the purpose of making selection for appointment by initial recruitment and appointment by promotion or transfer to the posts in BPS-01 to 10 employees of the Central Office of the Authority;

h)       “Field Selection Board means Selection Board constituted for the purpose of making selection for appointment by initial recruitment and appointment by promotion or transfer to the posts in BPS-16 to 19 employees of the Field Training Institutions of the Authority;

i)        “Field Selection Committee No. 1 means Selection Committee constituted for the purpose of making selection for appointment by initial recruitment and appointment by promotion or transfer to the posts in BPS-11 to 15 employees of the Field Training Institutions of the Authority;

j)        “Field Selection Committee No. 2 means Selection Committee constituted for the purpose of making selection for appointment by initial recruitment and appointment by promotion or transfer to the posts in BPS-01 to 10 employees of the Poly Technique Institutions of the Authority;

k)      “Field Selection Committee No. 3 means Selection Committee constituted for the purpose of making selection for appointment by initial recruitment and appointment by promotion or transfer to the posts in BPS-05 to 10 employees of the Vocational Training Institutions of the Authority;

l)        “Field Selection Committee No. 4 means Selection Committee constituted for the purpose of making selection for appointment by initial recruitment and appointment by promotion or transfer to the posts in BPS-01 to 04 employees of the Vocational Training Institutions of the Authority;

m)    ‘Duty’ includes the performance of normal work and include,-

(i)                  period spent on training or courses, conferences and meetings etc, in or outside Azad Kashmir with the approval of competent authority of the Authority.

(ii)                Compulsory waiting for posting, attending obligatory  examination;

(iii)               Service as probationer;

(iv)              Joining time, journey from and to the place of posting;

(v)                Travel period spent away from normal place of work on official assignment.

n)      “TEVTA” means the Azad Jammu and Kashmir Technical Education and Vocational Training Authority;

o)      “Employee” means an officer or member of staff appointed, posted or deputed in the TEVTA under the Act and the rules made thereunder, and includes its other employees who may, for the time being, serving in any other organization but does not include those belonging to other organizations but serving in the TEVTA;

p)      “Family” means employee’s spouse, children and stepchildren, residing with or wholly dependent upon him except where otherwise specified, it includes his parents, sisters and minor brothers, if residing with any wholly dependent upon him;

q)       “Honorarium” means remuneration granted to an employee on accomplishment of special work of an occasional nature which performed in ordous hours and beyond normal office hours;

r)       ‘Initial recruitment’ means appointment made on the recommendations of Authority Selection Board or Committee otherwise than by promotion or by transfer;

s)       ‘Joining time’ means the time permissible to an employee to join a new post or spent on travel from or to a station to which he is posted;

t)        “Lien” means title of an employee to hold substantively a permanent post to which he has been appointed and confirmed;

u)      “Methods of Appointment and Qualification (MAQ)” means requisite qualification, experience and other terms & conditions for making appointment through initial recruitment or by transfer or promotion to various posts as prescribed in the Schedule “A”;

v)      ‘Pay’ includes the amount drawn monthly by an employee as salary, special pay, technical pay and qualification pay duly admissible by competent authority;

w)    “Permanent Post” means a post carrying a definite remuneration or pay sanctioned without limit of time;

x)      “Personal Pay” means additional pay granted to an employee:

                                                 i.                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 a disciplinary measure; and

                                               ii.                in exceptional circumstances on other personal considerations.

y)      ‘Prescribed’ means prescribed by these rules;

z)       “Probation” means the period for which an employee is placed on probation against a vacancy on initial recruitment or otherwise;

aa)   “Prime Minster ” means the Prime Minister of the Azad Government of the State of  Jammu and Kashmir;

bb)   “Service” means employment to be called as Service of the TEVTA;

2) The terms and expression used hereinafter and not defined shall have the same meaning as given to them in the Act.

 

 

1.03.    Appointment on Regular Basis

The appointment made in the manner prescribed under these rules through initial recruitment or by promotion or by transfer or by induction shall be deemed to have been made on regular basis.

1.04.        Employees of the Authority

(1).       The employees transferred to AJKTEVTA under section 12(2) of the Act and Notification dated 25-01-2007 are considered on deputation will be governed by all relevant rules of the Azad Jammu & Kashmir Government e.g. E&D Rules, Conduct Rules, Pension Rules, Leave Rules and G.P. Fund Rules etc. All such employees will be entitled for all those facilities which they are enjoying in their parent department before they transferred to TEVTA like pension contribution, house building advance, medical facilities, car advance etc. They will not be entitled to any deputation allowance/ pay.

(2).       Rule 10 (1) enforced through Notification No. S-IND/2671-91/2008 dated 15-04-2008 shall be deemed to have been deleted.

 

 

CHAPTER-2

Appointment

Part-1

General Provisions

2.01.    Composition of Service

There shall be a separate service to be called the Service of TEVTA consisting of the following:-

(i)         Regular Service.

(ii)       Contract Service.

(iii)     Temporary Service.

2.02.    Competent Authority

The authority competent to make appointment subject to selection by the Selection Boards or Committees concerned against various posts in the Central Office of the Authority shall be as follows:

Sr. No

Nomenclature of the Post with Pay Scale as lump sum salary as the case may be

Appointing Authority

1.

Posts in BPS-16 to BPS-19

Chairman

2.

Posts carrying BPS-11 to 15

Secretary/ Chief Operating Officer

5.

Post carrying BPS-01 to 10

Director (Tech.) TEVTA

 

2.03.    Constitution of Central Selection Boards/Committees

            There shall be following Selection Boards, which shall be competent to make selection for initial recruitment, appointment by promotion and by transfer to various posts carrying basic pay scale 16 and above:-

            (i)         Central Selection Board  for posts in BPS-16 to BPS-19:

 

1.

Chairman Authority

Chairman

2.

Secretary Industries

Member

3.

Member Authority (nominated by Chairman)

Member

4.

Secretary/Chief Operating Officer TEVTA

Member

5.

Director (Tech.)

Member/ Secretary

           

(ii)        Central Selection Committee No. 1  for posts in BPS-11 to BPS-15

1.

Secretary/ Chief Operating Officer TEVTA

Chairman

2.

Director Technical

Member

3.

Director Projects/ Finance

Member

4.

Deputy Director Operations

Member/Secretary

 

 

(iii)       Central Selection Committee No. 2  for posts in BPS-01 to BPS-10

1.

Director (Tech.)

Chairman

2.

Deputy Director (Academics)

Member

3.

Deputy Director Operation

Member/Secretary

2.04.    Constitution of Field Selection Board/ Committees

            There shall be following Field Selection Boards/ Committees which shall be competent to make selection for initial recruitment, by promotion and by transfer to the posts in Technical and Vocational Training Institutions indicated hereafter:-

 (i)        Field Selection Board for posts in BPS-16 to BPS-19

1

Chairman TEVTA

Chairman

2.

Secretary/ Chief Operating Officer

Member

3

Concerned Principal

Member

4.

Subject Specialist (nominated by Chairman)

Member

5.

Director (Tech.)

Member/ Secretary

(ii)        Field Selection Committee No. 1 for posts in BPS-11 to BPS-15

1.

Secretary/ Chief Operating Officer

Chairman

2.

Director (Tech.)

Member

3.

Director (Project/ Finance)

Member

4.

Principal Concerned

Member

4.

Subject Specialist (nominated by Chairman)

Member

5.

Deputy Director (Operations)

Secretary

(iii)       Field Selection Committee No. 2 for posts in BPS-01 to BPS-10

1.

Principal Poly Technical Institute (B-19)

Chairman

2.

Vice-Principal/Head of Department

Member

3.

Lecturer BPS-17 (nominated by Secretary TEVTA)

Member/Secretary

(iv)       Field Selection Committee No. 2 for posts in BPS-01 to BPS-04

1.

Principal Training Institution (BPS-18)

Chairman

2.

Chief Instructor (nominated by Director Tech.)

Member

3.

Senior Instructor (nominated by Director Tech.)

Member/Secretary

PART-II

Initial Recruitment

 

2.05.        Method of Appointment and Qualifications (MAQ) etc.

The appointment by initial recruitment, promotion and transfer against the posts of regular service shall be made strictly in accordance with method and criterion expressly prescribed in the Schedule “A” of these rules, however subject to the selection/recommendations made by the relevant Selection Board or Committees, as the case may be.

 

2.06.    Recommendations of relevant Selection Board/Committee.

a)              Appointments to posts in basic pay scale 16 and above shall be made on the recommendations of concerned Selection Board in the prescribed manner.

b)              Appointments to posts in basic pay scales 15 and below shall be made on the recommendations of concerned Selection Committees.

2.07.    Advertisement of Vacancy

            All vacancies belonging to regular service shall be filled in by initial recruitment which shall be widely advertised in the national and regional newspapers and also through modern means of communication.

Provided that a suitable method will be adopted to invite applications from eligible persons in case of appointment is made by transfer or deputation from government departments.

2.08.    Fulfillment of Prescribed Conditions:

            A candidate for initial appointment must possess prescribed conditions including educational qualification, experience and age limit and also fulfill other conditions which are prescribed in the rules and or made applicable by the competent authority from time to time.

2.09.    Nationality and Citizenship

            Only the State Subjects of the State of Azad Jammu and Kashmir shall be eligible for appointment in the service of TEVTA:

                        Provided that the condition may be sparingly relaxed by the Government in the exceptional circumstances of non-availability of a person of requisite expertise and experience on case to case basis.

2.10.    Relaxation in Maximum Age Limit

Maximum age limit as prescribed for a post may be relaxed by the Government in case the nature of the job required significant expertise or peculiar experience of a person not available with prescribed age limit but in the exceptional circumstances for which reasons will be recorded in writing.

Provided no relaxation in minimum age prescribed under the rules shall be given.

 

2.11.    Subject to section 12(1) of the Act, the Chairman may in cases of urgency, appoint such officers, servants, experts or consultants on such term and condition as he may deem fit.

Provided, that every such appointment made under this Rule shall be reported to the Authority without unreasonable delay

2.12.    Certificate of Medical Fitness

a)        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.

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

2.13.    Good Moral Character:

(1) No person who is not already in service of TEVTA or any body set up or managed by the Government shall be appointed BPS-06 and above unless he produces a certificate of good moral character from educational institution last attended by him.

(2) No person who is not already in service of TEVTA or any body set up or managed by the Government shall be appointed BPS-01 to BPS-05 unless he produces a certificate of good moral character from an officer of basic pay scale 17 and above in the service of Government or any officer of basic pay scale 17 and above or equivalent in the service of any corporation or organization set up or managed by the Government.

 

PART III

Appointment by Promotion

2.14.    Classification of the Posts:-

The posts in the cadres are classified as under:-

(1)   The posts in basic scale 16 and above are Selection posts to which promotion shall be made by selection on merit.

(2)   The posts in basic scale 15 and below are non-selection posts to which promotion shall be made on the basis of seniority-cum-fitness.     

2.15.    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 higher posts for the time being reserved for promotion.

2.16.    Manner of Processing:-

(1)   The promotions to posts in basic pay scale 16 and above shall be made by the    appointing authority on the recommendations of the concerned  Selection Board.

(2)   The promotions to posts in basic pay scale 15 and below shall be made by the appointing authority on the recommendations of the concerned Selection Committee.

(3)   The concerned Selection Board or Committee, as the case may be, may consider the case of eligible employees in the order of their seniority and shall;

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)            ACR dossier of the employee is incomplete or any other document or information required by the Selection Board or concerned  Promotion Committee for determining his fitness for promotion is not available; or

ii)           Disciplinary or  proceedings are pending against the employee whose promotion case comes up for consideration before the Selection Board/ Promotion Committee concerned; or

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

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

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

vi)         An employee’s seniority is sub judice.

      Provided further that in case of deferment a vacancy shall be reserved for the employee or if it is filled, 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 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;

2.17     Fulfillment of minimum Service

            (1)        The promotion to posts in basic pay scale 16 and above shall be subject to fulfillment of minimum length of service by the employee as specified below: -

(i) For promotion to post in basic pay scale 1-17

 

Difference of scale plus one year.

(ii) For promotion to post in basic pay scale 18

 

05 years service in basic pay scale 17 and above

(iii) For promotion to posts in basic pay scale 19

 

12 years service in basic pay scale 17 and above

(iv) For promotion to posts in basic pay scale 20

 

17 years service in basic pay scale 17 and above

            Provided that:

(a)        When initial appointment of a person not being employee of the TEVTA  takes place against a posts 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:-

(b)        When first appointment of a person was made in TEVTA 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)        The 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.

2.18     Conditions Prescribed for Promotion to Selection Posts

            For promotion to selection posts in BPS-16 and above, an 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 ACRs)

(iii)     Qualification as prescribed by Method of Appointment and Qualification (MAQ).

(iv)     Relevance of Experience

(v)        ‘Quality or output of work’ and integrity

(vi)     Training etc.

 

2.19.    Priority of Filling up Promotion Posts:

            The promotion to next higher posts shall not be construed as vested right of an employee, however, where cadre has definite quota reserved for initial appointment and promotion,  promotion quota as far as possible, be made first and the post reserved for initial appointment shall be followed later.

PART-IV

APPOINTMENT BY TRANSFER

2.20     Appointment in Public Interest

            The appointment by transfer against the posts available in the service of TEVTA or 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 on the recommendations of Selection Board/Committee concerned.

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

2.21     Regular Incumbent 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.

2.22     Possessing Qualification for Initial Appointments

            Only employee of the Government 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 concerned Selection Committee for appointment by transfer.

PART-V

Appointment on Deputation

2.23     Appointment to be made Sparingly

            The appointment on deputation to a post shall be made sparingly and only in the public interest or to enhance the capacity or to help in improving the quality and progress of the TEVTA’s working.

 

2.24     Conditions of Deputation

1.      The appointing authority may appoint on the deputation a Government Servant or 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 TEVTA.

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

3.      A person on deputation may be allowed deputation allowance and all other benefits under the prevalent rules and deputation policy.

PART-VI

Contract and Temporary Appointments

2.25     Appointment against temporary post.

(1)   The appointment on temporary posts shall be made by the appointing authority, on specific terms and conditions as may be prescribed by the Authority on the recommendation of relevant Selection Board/Committee.

(2)   The persons appointed against any such post specified shall perform or continue till the duration of the project or purpose or on the basis of satisfactory performance.

(3)    The appointments made against the temporary/contract posts included in shall not carry any right to continue in the service or for reappointment whatsoever.

 

PART-VII

2.26     Appointment on Acting Charge Basis

(1)   Where the appointing authority considers it to be in the public interest to fill a post in basic pay scale 16 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, the employee junior to him shall not be considered for regular promotion but may be appointed on acting charge basis to 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)   In case of appointment on acting charge basis, 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 which 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 he 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

2.27      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 practicable, 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 may be entrusted in its entirety, with approval of Chairman, to another employee. This arrangement should not be made for period of less than three months, however, it may be extended for another three months with the approval of the authority.

2.28     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 concerned appointing authority, in addition to the duties of his own post, to the senior most employee in the cadre present if he is otherwise fit and eligible for promotion. The arrangement shall be subject to the following conditions: -

a)                  The arrangements shall not be made for a period of time 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, beyond six months shall require approval of the Authority.

b)                  As soon as the current charge is given, 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 shall be considered.

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

 

CHAPTER –3

PROBATION

3.01     Probation Period:-

                         i.                    A person appointed by initial appointment or by promotion or by transfer will be placed on probation for a period of two years.

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

3.02     Completion of Probation:-

(1)               An employee appointed by initial appointment shall not be deemed to have completed his period of probation satisfactory 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 two year probation, the period of probation shall be deemed to have been completed satisfactorily subject to provision of sub-para (1) above and para 3.03 below.

3.03     Passing of Examination:-

Where in respect of any post the satisfactory completion of probation includes the passing of any 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 TEVTA, 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-4

CONFIRMATION

4.01     Principles and Eligibility

(1)              An employee appointed by initial appointment or by promotion or transfer to a post in TEVTA 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 a 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 seniority.

(6)              No confirmation shall be made against the post which falls vacant 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)              Any employee who, during the period of service, was eligible for confirmation on 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 there from.

(8)              Confirmation of any 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 on such post whichever is later.

 

4.02.    Retention of Lien

On confirmation against a permanent post, the employee shall acquire a lien on 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, against which he was originally appointed.

(c)        holds a post on deputation with a Foreign Government, an International Organization or any other organization outside Pakistan, with the Federal or Provincial Governments or in a corporation or a body setup or managed by the Government, Federal or Provincial Governments.

(d)               is under suspension;

(e)                is on leave.

4.03     Termination of Lien

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

(2)        A confirmed employee who, on his own accord, joins some other service on regular basis outside TEVTA i.e in an autonomous body or a corporation or a body set up managed by the Government or 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-5

SENIORITY

5.01     Seniority

(1)   The seniority in general of the members of the service in various grades shall be in accordance with continuous appointment in a particular cadre/ grade.

(2)   In the case of members appointed by initial recruitment the seniority will be in accordance with the order of merit assigned by the selection committee, provided that a person selected for an appointment to the service in earlier selection shall rank senior to a person selected in a later selection, and

(3)   In the case of members appointed otherwise the seniority will be with reference to the dates of their continuous appointment provided that if the date of continuous appointment in respect of two or more officers/ officials (if not junior to the younger officer/officials in the next below grade) shall rank senior to younger officer/ officials.

5.02     Inter-se-Seniority on Initial Appointment

(1)        The seniority of an employee on initial appointment to a cadre or post shall 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.

5.03.    Drawing of inter-se-seniority on Promotion

Seniority in 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.

 

5.04.    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:

            Provided that

(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.

5.05.    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.

CHAPTETR-6

POSTING AND TRANSFER

6.01.    Transfer to Equivalent Post

(a)        An employee shall be liable to serve in any equivalent post in TEVTA or for any of its field institutions wherever functioning or set up in future.

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

6.02     Authority Competent to Transfer within the TEVTA

The appointing authority may transfer employees holding posts in the Service of TEVTA within or outside the cadre.

Provided that the Government with the consent of appointing authority shall be competent to make transfer of an employee, in the public interest, to another equivalent post outside the service  of TEVTA, in any other Government department or organization.

 

CHAPTER-7

TERMINATION, REVERSION, RESIGNATION

 

7.01.    Termination of Irregular Appointment

            The appointment of a new employee, which has been made otherwise than in accordance with the prescribed methods of Appointment and Qualifications (MAQ), may be terminated at 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 against the action proposed to be taken against him.

7.02.    Reversion, Dismissal or Removal from Service

(1)   An employee appointed to a higher post on temporary for 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 save as provided in Rule 10.10;

Provided that this sub-para shall not apply:-

(i)            Where any 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 security of Azad Jammu and Kashmir or Pakistan or any part thereof, it is not expedient to give that employee such an opportunity

7.03.    Principles Governing Resignation

(1)   Subject to any provision of law for the time being in force, a temporary or permanent employee may resign in writing from his post.  The resignation shall not become effective unless the appointing authority accepts it.  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 any employee withdraws his resignation after its acceptance by the appointing authority but before it becomes effective i.e the employee is relieved, it will be open to the authority, which accepted the resignation to allow the employee on merit 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 accompanied by the original letter of resignation, along with the following information:-

(a)    Whether any disciplinary proceeding are pending or contemplated against him;

(b)  Whether the employee is required to serve TEVTA 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 he has paid any other dues recoverable.

 

7.04.    Retirement from Service

The employees of TEVTA shall retire from service on completion of sixtieth year age. The provision of this rule does not apply to the temporary/ contract appointments, who shall be governed by the provisions of the Act, and terms and conditions of their services as expressly stipulated while making such appointments.

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.

7.05.    Retirement on completion of 25 years Service

On completion of 25 years service an employee may be retired under the following circumstances with earned pension plus other prescribed benefits:-

(a)        On his own request; or

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

7.06.    Retirement on medical grounds

The retirement on medical grounds shall be governed by the Government Rules as amended from time to time.

CHAPTER – 8

EMPLOYMENT AFTER RETIREMENT

8.01.    Provision for Making Re-employment

(1)   The retired employee shall not be reemployed unless such re-employment is necessary in the public interest which shall be made with the approval of the Chairman.

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

(a)      Non-availability of suitably qualified and experienced person through prescribed methods of qualification (MAQ) to replace the retiring employee.

(b)      The employee is highly competent person with distinct qualification and experience in the relevant 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 TEVTA.

8.02.    No re-employment in certain cases.- 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.

8.03.    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 appointing authorities in other cases.

CHAPTER-9

CONDUCT

9.01.    Family Composition

For the purpose of these rules 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.

Explanation

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

9.02.    Acceptance of Gifts and Cash Awards

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 TEVTA, be kept for official use in the TEVTA.

9.03.    Foreign Award/Title and decoration

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

 

 

Explanation

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

9.04.    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 raising of funds to be incurred 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 TEVTA or the Government.

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

 

 

 

9.05.    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 who marries or promises to marry a foreign national including Muslim citizen of India without permission shall be guilty of misconduct render himself liable to disciplinary action under relevant provision of these rules and Government rules.

(3)               The grant of permission under sub-para (1) or (2) shall be at the discretion of Chairman or, as the case may be, the person authorized thereof and may be subject to such conditions as may be specified by the Chairman

Explanation

For the purpose of this provision, marriages 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.

9.06.    Acceptance of Subscription

            Subject to para-9.04, 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.

9.07.    Money lending 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 such nature that a person from whom he has borrowed money or to whom he has otherwise placed himself under 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 is Basic Pay Scale 15 and below shall make the declaration referred to in this sub-para to the Director (Tech.).

(3)               This rule is so far as it may be construed to relate to loans given to or taken from co-operative societies registered under co-operative Societies Act, 1912 (II of 1912), adapted and as enforced in AJK, 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 special restrictions made or permitted.

9.08.    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 of 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.

9.09.    Delegation of Powers

The Chairman, Secretary/ Chief Operating Officer or the Director (Tech.), may by general or special order, delegate to any officer or authority subordinate to him all or any of his powers under these rules and may, by such order, prescribe the channel through which reports, shall be regarded as receipts of the reports by the TEVTA within the meaning of these rules.

9.10.    Derogation of any Law etc.

Nothing in these rules 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-10

Miscellaneous, Relaxation, Amendment and Repeal

 

10.01   Just and Equitable Treatment in Hardship cases

Notwithstanding anything to the contrary contained in these rules in relation to the terms and conditions of service of an employee, the Chairman TEVTA, 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, may relax this requirement to such extent as he may deems fit, for ensuring just and equitable treatment to the employee concerned without infringing the right of any other employee.

10.02   Induction of Employees of any other Service

(1)               A person belonging to the Government or a Corporation or body set up or controlled by the Government and serving on deputation in the TEVTA may opt for permanent absorption in the TEVTA 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 TEVTA, his appointment in the TEVTA shall be deemed as appointment on transfer for all purposes under these rules.

10.03   Seniority on Induction

Notwithstanding anything to the contrary contained in these rules on induction in the TEVTA as provided in para 12.02.

(i)         The employee shall take their inter-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 TEVTA and where such date is the same, the person older in age shall stand senior.

(ii)        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 TEVTA.

10.04   Not to Consult PSC

Notwithstanding anything to the contrary contained in any other law already in force, it shall not be necessary to consult the Azad Jammu and Kashmir Public Service Commission on matters relating to the Methods of Appointment or Qualifications etc., or making such appointments of numbers of staff of the TEVTA, who are not be governed by the provisions of the Civil Servants Act, 1976.

10.05   Application of Other Rules

The matters not covered, under these rules the employees of the TEVTA shall be governed by the Act and the rules applicable to the civil servants and the instructions issued from time to time by the Government on such subject.

10.06.  Leave

The Azad Jammu & Kashmir Civil Servants Revised Leave Rules 1983 as amended from time to time shall be applicable for employees of the TEVTA subject to the condition that leave shall not be claimed by the employee as a matter of right, grant of which shall be subject to the exigencies of the Authority business, as the case may be. The submission of an application will not be deemed to be valid ground for proceeding on leave until formal sanction of the competent Authority. Extension of leave shall be discouraged and will be sanctioned only in very special circumstances and will be subject to the employee’s entitlement.

10.07.  Medical Facilities

Except where the specific rules are made in this behalf for TEVTA, the rules applicable for the civil servants shall be applicable to the employees of TEVTA.

10.08   Provident Fund

TEVTA employees provident fund to be constituted and established by a separate deed of trust, shall be governed by the rules to be made by the Government, (this scheme will be only for the employee of Authority and Government employees transferred to TEVTA, GPF will be dealt by Accountant General office till their absorption in TEVTA).

10.09.  Gratuity and Pension

(1) Regular Employees of TEVTA (Except Govt Employee transferred to TEVTA) will be entitled for gratuity at the rate of two month salary last drawn for each completed years of service shall be payable on retirement or discharge by the authority provided that employee has put in at least three years of service. No gratuity will be paid to an employee whose services have been terminated for mis-conduct or corruption.

(2) If an employee quits services of the authority voluntarily, period he served before quitting the service shall not be counted for any purpose. However, service rendered for six months and above will be treated as a complete year of service.

(3) For the purpose of calculation, service less than six months period be dropped however, service rendered for six months and above will be treated as a complete year.

(4) The pension and gratuity rules applicable for civil servants shall also be applicable for employees of TEVTA till specific rules in this behalf are made by the Government.

10.10   Conduct/ Efficiency and Discipline

Notwithstanding anything contained in these Rules, Removal from Service (Special Powers) Act, 2001 and the Azad Jammu & Kashmir Government Servants (Conduct) Rules 1981 shall be applicable on all the employees working in the service of TEVTA.

10.11   TA/ DA Rules

TA/ DA Rules of Government shall be applicable for employees of TEVTA till specific rules are made by the Government for employees of TEVTA.

10.12.  Contract Employees Pay

Authority has the full power to offer its contract employees salary as per the BPS or fixed salary. Fixed salary structure has to be approved by the Authority.

10.13   Appointment of consultant

The Chairman shall appoint any person duly qualified consultant for any specific purpose or assignment:

            Provided further that such appointment made shall be reported to the Authority without unreasonable delay.

                                                                                                                     

                                                                                                                     

                                                Sd/-

                                               Section Officer

                                     Services & General Administration

                                     (Regulations)

 

 

 

                                                          

 

 

Schedule “A”

Azad Jammu & Kashmir Technical Education & Vocational Training Authority (AJKTEVTA)

Procedure for appointment and Promotion

S.#

Name of the Department

Functional Unit

Name of the Post with grade

Appointing Authority

Minimum Qualification for appointment by

Method of recruitment

Age for initial

Initial recruitment / transfer

 

Min. Year

Max. Year

1

2

3

4

5

6

7

8

9

1

Azad Jammu & Kashmir TEVTA

AJKTEVTA Head Office

Chairman

Govt.

__

As per subsection (3)  of Section 3 of  the AJKTEVTA Act III of 2007

-

-

2

-do-

-do-

Secretary/Chief Operating Officer BPS-20

Govt.

Master Degree in Natural Sciences / Technology/ BSc. Engg./, MCS/  M.Com/MA (Economics)/ MBA/ CMA/ACC/MSc  (At least 2nd Division) from a recognized University with 17 years experience in B-17 and above preferably  in the relevant field

As Per Contract Policy in Vogue

 

 

3

-do-

-do-

Director (Technical) BPS-19

Chairman

Master Degree in Science Subjects / Technology/ BSc. Engg./, MCS/  M.Com/ MA (Economics)/ MBA/ CMA/ACC/M.Sc (At least 2nd division) from a recognized University with 12 years experience in B-17 and above in the relevant field

          i.            By Promotion on the basis of seniority-cum-fitness from Deputy Directors/Principals VTI's BPS-18 with at least 12 years experience in B-17 and above in relevant field having qualification and experience as prescribed in col. 6.
                       OR

         ii.            By transfer of a suitable officer from any Govt. department serving in BPS-19 having qualification and experience as per Col..6

 

 

4

-do-

-do-

Director (Projects+Finance) BPS-19

Chairman

Master Degree in Science Subjects / Technology/ BSc. Engg./, MCS/  M.Com/ MA (Economics)/ MBA/ CMA/ACC/M.Sc (At least 2nd Division) from a recognized University with 12 years experience in relevant field. .

          i.            By Promotion on the basis of seniority-cum-fitness from Deputy Directors/ BPS-18 with at least 12 years experience in B-17 and above.
     OR

         ii.            By transfer of a suitable officer from any Govt. department serving in BPS-19 having qualification and experience as per Col..6

 

 

-do-

-do-

Deputy Director Operation/Finance & Accounts/Academic Curriculum/Projects BPS-18

Chairman

Master Degree in Science Subjects / Technology/ BSc. Engg./, MCS/  M.Com/MA (Economics)/ MBA/ CMA/ACC/M.Sc (At least 2nd Division) from a recognized University with 5 years experience in relevant field.

          i.            50% by Promotion on the basis of seniority cum fitness from amongst Assistant Directors BPS-17 with at least five year experience as such in the Authority.

        ii.            50% by initial recruitment as per Col. 6 OR

 by transfer of a suitable officer of BPS-18 from any Govt. Department having qualification and experience as Per Col. 6

 

 

 6

-do-

-do-

Assistant Director (Operation or Admin) /(Accounts/ Budget/ Curriculum /Academic / Tech/Monitoring & evaluation / Planning) BPS-17

Chairman

Master Degree in Science Subjects / Technology/ BSc. Engg./, MCS/  M.Com/MA (Economics)/ MBA/ CMA/ACC/M.Sc (At least 2nd Division) from a recognized University.

          i.            75% by initial recruitment as per Col.6.

         ii.            25% by promotion on the basis of seniority cum fitness from amongst employees of Authority in BPS-14 to BPS-16 having qualification as per Col.6 having 3 &  2 years service as such.

18

35

 7

-do-

-do-

Personal Assistant/ stenographer BPS-15

Secretary

i) Graduate (2nd Class)

ii) A speed of at least 100/40 w.p.m in English Shorthand/typing or a speed of at least 80/35 w.p.m in Urdu Shorthand/ typing respectively.

OR

i) Graduate (2nd Class)

ii) Short course of computer Programs of minimum one year duration in Windows, MS Office (MS Word, MS Excel, MS Power Point, MS Access ects) and Urdu Composing from a recognized institute.

iii) Typing speed of at least 40 w.p.m in English or Urdu.

          i.            50% by initial recruitment as per Col.6.

         ii.            50% by Promotion on the basis of seniority cum fitness from amongst BPS-12 computer operators with 4 years experience as such.

18

35

 8

-do-

-do-

Account Assistant BPS-14

Secretary

B.Com From a recognized University.

          i.            25% by initial recruitment as per Col.6

         ii.            75% by Promotion on the basis of seniority Cum-fitness from amongst Accountants BPS-11 with 4 Year service as such.

18

35

 9

-do-

-do-

Office Assistant BPS-14

Secretary

Graduate 2nd Class from a recognized University.

          i.            25% by initial recruitment as per Col.6

         ii.            75% by Promotion on the basis of seniority Cum-fitness from amongst senior Clerks BPS-9 having 6 years service.

18

35

 10

-do-

-do-

Computer Operator BPS-12

Secretary

Intermediate with six months certificate in computers having typing speed of 40 w.p.m in English & 30 w.p.m. in Urdu.

100% Initial recruitment as per Co.6

18

35

 11

-do-

-do-

Accountant BPS-11

Secretary

__

By Promotion on the basis of seniority Cum-fitness from amongst senior Accounts Clerks BPS-9 with 3 Year experience as such.

__

__

 12

-do-

-do-

Senior Clerk BPS-9

Director (Technical)

__

By Promotion on the basis of seniority Cum-fitness from amongst the Junior Clerks BPS-7 with 3 Year experience as such.

__

__

 13

-do-

-do-

Junior Clerk BPS-7

Director (Technical)

Intermediate (2nd Class) heaving Computer Knowledge with typing speed of 40 w.p.m for English and 30 p.w.m for Urdu.

100%  by initial recruitment

18

35

 14

-do-

-do-

Driver BPS-4

Director (Technical)

Middle, PSV driving license with 5 years experience.

100%  by initial recruitment as per Co.6

18

35

 15

-do-

-do-

Naib Qasid/Chowkidar/Kalara/ Sweeper BPS-2

Director (Technical)

1.    Literate
2.  
On the basis of suitability               and fitness

100%  by initial recruitment as per Co.6

18

35

                                                                                                                                                                                               

 

                                                                                                                                                                                                Section Officer

                                                                                                                                                                                Services & General Administration

                                                                                                                                                                                (Regulations)

 

No.01-100/P&S/2010                                                            Dated : 01-01-2010               

Printed and Published by Controller Govt. Printing Press

Azad Government of the State of Jammu and Kashmir

Muzaffarabad.

 

 

 

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